certain arduous and urgent affairs concerning us the State and defence of our Kingdom of England and the Anglican Church We have ordained a certain Parliament of ours to be held at our City of the day of next ensuing and there to have conference and to treat with the Prelates Great men and Peers of our said Kingdom We command and strictly enjoyn you that making Proclamation at the next County Court after the receit of this our Writ to be holden the day and place afore said you cause two Knights girt with Swords the most fit and discreet of the County aforesaid and of every City of that County two Citizen of every Borough two Burgesses of the discreetâ—r and most sufficient to be freely and indifferâ—ntly chosen by them who shal be present aâ— such Proclamation according to the tenor of the Staâ—utes in that case made and provided And the â—ames of the said Knights Citizens and Burâ—esses so chosen to be inserted in certain Inâ—entures to be then made between you and those â—hat shall be present at such election whether the parties so elected be present or absent and shall make them to come at the said day and place so that the said Knights for themselves and for the County aâ—oresâ—id and the Citizens and the Burgesses for themselves and the Commonalty of the said Cities and Borâ—ughs may have severally from theâ—â— full and sufficients power to do and to consent to those things which then by the favor of God shal there happen to be ordain'd by the Common Council of our said Kingdom concerning the business aforesaid so that the business may nâ—t by any meanâ—â—â—main undoâ— for want of such power or by reason of the improvident election of the aforesaid Knights Citizens and Burgesses But we wilâ— not in any case that you or any other Sheriff of our said Kingdom shall be elected And at the day and place aforesaid the saiâ— Election being made in a full County Court You shall certifie without delay to us in our Chancery under your Seal and the Seals of them which shall be present at that Election sâ—nding back unto us the other part of the Indenture aforesaid affiled to these presents together with the Writ Witnesse our self at Westminster This Commission or Writ is the foundation whereon the whole Fabrick oâ— the power and duty of both Houses oâ— Parliament is grounded The first Hourâ— is to parly or have conference and to treat with the King the other house is onely to do and consent unto what the other shall ordain by their help and conference so that by this Writ we do not find that the Commons are called to be any part of the great Council of the Kingdom or of the Supream Court of Judicature much less to have any share in the Legislative power or to consult de arduis regni negotiis of the difficult businesses of the Kingdom but onely to consent and Sir Edward Cook to â—rove the Clergy hath no voice in Parliament useth this argument that in their Writ also the words are to come thither adâ—onsentiendum to consent to such things as â—ere ordained by the Common Council of the â—ingdom but the other word ad facienâ—um to do is not in their Writ action being â—ot so proper for them in regard of their â—lerical functions Polyander Then it may be well inferred from what â—ou have produced that the King with the â—elates and Peers is properly the Common â—ouncil of the Kingdom Philanglus Yes without controversie nor until the raign of Henry the first were the Commons called to the Parliament at all or had as much as a consent in the making of Laws Camden in his Britannia teacheth us that in the times of the Saxon Kings and the ensuing ages that the great or Common Council of the land was Praesentia Regiâ— Praelatorum procerumque collectorum the presence of the King with his Prelates and Peers Selden also tells out of an old Cronicle of the Church of Liechfield that Kinâ—Edward by the advice of his Council of Baronâ— revived a Law which hath lain dormaâ— threescore and seven years in the samâ— Chronicle tis said that William the Coâ—â—querer held a Council of his Barons An. 〈◊〉 Regni sui apud Londinias The next yeâ—â— after he had a Council of Earles and Baroâ—â— at Pinendâ—n Heath to decide the great coâ—troversie 'twixt Lanfraâ—t Arch-Bishop 〈◊〉 Canterbury and Odo Earl of Kent In the 21. of Eaward the third there 〈◊〉 mention made of a Parliament held 5. 〈◊〉 questoris wherein all the Bishops of 〈◊〉 land Earâ—s and Barons made an Ordinaâ—â—â— touching the Exception of the Abby of 〈◊〉 from the Bishops of Norwich In the second year of William 〈…〉 there is mention made of a Parliament 〈…〉 cunctis Regni principibus In the 〈…〉 of his raign there was another Parliament at Rockingham Castle Episcopis Abbatibus cunctisque Regni principibus coeuntibus wherin the Prelates Abbots and all the chiefe men convened in Council At the Coronation of Henry the first all the people of England were called and Laws were then made but it was as the story saith per Commune Concilium Baronum In the third year the tenth year and the twenty third year of his reign the same King held a Parliament or great Council of his Barons spiritual and temporal Henry the second in his tenth year had a Parliament at Clarindon consisting of Lords spiritual and secular in his twenty second year he had another at Notingham and a while after another at Winsor then another at Northampton wherein there is mention made onely of Prelates and Peers Richard the first after him held a Parliament at Notingham in his fifth year consisting of Bishops Earles and Barons which lasted but four days during which time there were mighty things transacted Hugh Bardelf was deprived of the Castle and Sheriffswick of York the first day the second day he had judgement against his brother Johu who was afterward King the third day there was granted the King two shilling of every plowd land in England he required also the third part of the service of every Knights fee for his attendance to Normandy and all the Wool of the Cistercian Monks The fourth day was for hearing of grievances so the Parliament broke up but the same year he convokeâ— another Parliament of Nobles at Northampton King John in his first year summoned 〈◊〉 Magnates his great men to a Parliament aâ—Winchester and the words of the Roll 〈◊〉 Commune Concilium Baronum Meorum the Common Council of my Barons at Winchester In the sixth year of Henry the third the Nobles granted the King for every Knight fee two marks in silver at a Convention iâ— Parliament he had afterwards Parliaments at London Westminster Merton Winchester and Marlborough Now these Precedents shew that from the conqust untâ—â— a great part of the reign of Henry the thirâ— in whose dayes 't is thought the Writ 〈◊〉 election of
was the greater Fool to grant it or they the greater knaves to ask it But the saying of the late Earl of Dorset is remarkable who saluted the King the next morning with the stile of fellow Subject in regard that by that grant he had transferred both Crown Sword and Scepter to the Parliament for now we may say that England hath four hundred and odd Kings in her But t is observed that Princes of a hard destiny do follow the worst Councils But Sir in lieu of these monstrous Acts of Grace and trust what did the Parliament all this while for the King Philanglus They promised specially upon the passing of the last Act that they would make him the most glorious the best beloved and richest King that ever reigned in England which promise they voted and confirmed with the deepest protests and asseverations that could be Adde hereunto that the Earl of Strafford was passed over unto them who after a long costly tryal was condemned to the Scaffold and so made a Sacrifice to the Scot and them who stayed chiefly for his head Polyander Touching the Earl of Strafford 't is true he was full of ability courage and Elocution yet I heard his wisdom questioned beyond Sea in divers things First that having a charge ready against his chiefest Accusers yet he suffered them to take the start of him and have priority of suit which if he had got he had thereby made them parties and so incapable to proceed against him Secondly that during the time of his tryal he applyed not himselfe with that compliance to his Jury as well as to his Judges for he was observed to comply only with the Lords and slight the House of Commons Lastly that knowing he had both Parliament and Scot his enemies as also the Irish he would not go aside a while and get beyond Sea which he might have easily done from York in lieu of coming up to London Philanglus I beleeve his death was resolved upon before his comming from York if not by ordinary way of justice yet by way of publique expedience which appears in regard the proceedings against him was by a clause in the Act not to be produced for a leading case for example to future ages and other inferior Courts Good Lord how the rabble of the City thirsted after his death who were connived at and countenanced by the Parliament it selfe to strut up and down both before White Hall and Westminster Hall where they cryed out that if the Common Law failed Club Law should knock him down nay their insolency was permitted to swell so high that they demanded the names of those Lords who would not doom Strafford to death Polyander Is it possible that the grave and solemne high Court of Parliament should permit such popular insolencies to be committed before their faces Philanglus Yes and notwithstanding that the Lords did often solicit the House of Commons to take a course for suppressing them yet 't was not hearkened unto nay when the King had commanded a double guard of Constables and Watch-men which is the usual way by law to attend at Westminster Hall for suppression of such disorders the Commons cryed out that it was a breach of the privileges of the House and a trenching upon their liberties so they took afterwards a band of Souldiers to guard them of their own election which was never known before Polyander Me thinks that the Earl of Strafford being gone fair weather should have followed he was the cause of the tempest being thus thrown over board Philanglus 'T is true the Scots were dismissed a little after having Fidlers fare Meat Drink and Money for eleven Months together in England with Straffords head to boot So the King prepared to go for Scotland according to Articles to hold a Parliament there This fill'd the house of Commons with odd kind of jealousie therefore they cast about how to prevent the journey so they did beat their brains night and day about it so far that they sate upon Sunday in debate but with another proviso that it should not be made a Precident for future ages as the other Caveat was for their proceedings against the Earl of Strafford Well the King went to his Scots Parliament where he fill'd every blank for they did but ask and have He granted them what possibly they could propone in point of governing both for Kirk and State many received new honors they made havock and divided all the Bishops Lands amongst them for all which unparallel'd Concessions and Acts of grace as an argument of gratitude they caused an Act though already in force to be publish'd and reviv'd That it should be detestable and damnable treason in the highest degree that could be for any of the Scots Nation conjunctly or singly to levy Arms or any Military forces upon any pretext whatsoever without the Kings royal Commission but how the Scot observed this solemn Act afterwards the World knows too well During the Kings being in Scotland that formidable hideous Rebellion in Ireland broke out which the Irish impute to the English Parl. First in regard that one of their accusations against Strafford was that he used the Papists in that Kingdom too favourably Secondly for the rigorous proceedings intended by the said Parliament against the English Catholicks Thirdly for design the English Parliament had to bring the â—utch and the Scot to plant in Ireland the last of whom the Irish do hate in perfection above all other Nation and Lastly the stopping of that Irish Regiment of cashiered Souldiers which the King promised by Royal Word and Letter to the King of Spain who relying upon that imploiment which was denied them by order from the English Parliament rather then to begg steal or starve they turned Rebels Polyander Indeed I heard that Act of staying the Irish forces much censur'd abroad to the dishonour of the King of England and reproach of the Parliament considering hoâ— the Marquis de Velada and Malvezzi and Don Alonzo de Cardenas who were all three Ambassadours here for the King of Spain at that time having by dependance upon the sacred word and Letter of a King imprested money and provided shipping for their transport which came to a great charge but I pray be pleased to proceed Philanglus The King having setled Scotland was his return to London received with much joy but though he was brought with a kind of Hosanna into one end of the Town he found a Crucifige at the other for at Westminster there was a Remonstrance fram'd a work of many weeks and voted in the dead of night when most of the moderate and well-minded members were retir'd to their rest in which remonstrance with as much industry and artifice as could be all the old moats in government were expos'd to publick view from the first day of the Kings inauguration to that very hour Polyander How could this agree with the Protestation the House did make formerly
of late years and challenge such an interest in the publique Government and making of Laws Philanglus It is a certain truth that in former ages the Kings of England as well Saxons Danes Normans and English Kings did steer the course of their government by the advice of their own Privy Council and in extraordinary cases by the compasse of the great Council consisting onely of spiritual and secular Barons whom they convoked by royal summons when they pleased I told you this word Parliament came in with the Norman yet the Commons were not call'd to Parliament till that raign of Henry the first which was a good while after the Conquest to which purpose Sir Walter Raleigh writes saying it is held that the Kings of England had no formal Parliaments till about the 18. year of Henry the first at which time the Commons were summoned and the great Charter was granted and if we believe Sir Walter Raleigh and others the House of Commons and Magna Charta had first but obscure births being sprung from userpers and fostered afterward by rebellion for King Henry the first did but usurp the Kingdome and therefore to secure himself the better against Robert his eldest brother he courted the the Commons and granted them that great Charter with Charta de Foresta which King John confirmed upon the same grounds for he was also an usurper Arthur Duke of Britain being the undoubted Heir of the Crown so the house of Commons and these great Charters had their original from such that were Kings de facto not de jure Polyander It is observed that usurpers are commonly the best Law makers which they do to ingratiate themselvs the more to the people as besides these Kings you have named Richard the third did who was said to be a good King though a bad man a character clean contrary to that I heard some abroad give of the last King who they said was a good man but an ill King but I pray be pleased to proceed Philanglus Whereas I told you before that it was in the raign of Henry the first that the people were admitted to the Common Council of the Kingdome yet they were not constantly called for though the said King called them to his Coronation and againe in the 15. or 18. year of his reign yet he did not so alwayes neither many of those Kings that succeeded Polyander I remember to have read one remarkable passage in the reign of Henry the first that in his third year for the marriage of his daughter he raised a tax upon every hide of Land but he did this by the advice of his Privy Council alone without consulting publiquely with either Prelate Peer or People Philanglus So did divers of his Antecessors and successors also after the Commons were admitted to partake of the Common Council But to illustrate this point further notwithstanding that the Commons were sought unto in Henry the first's time yet they were not constantly and formally sent unto till Henry the third in whose reign the Writs of Summons for elections were first issued but the succeeding Kings assum'd a power to regulate those Writs at pleasure by the sole advice of their Privy Council as we read in the time of Henry the sixth who was the first framer of that famous Ordinance Whereas Elections of Knights have been made with great outrages and excessive number of people of which most part was people of no value yet pretend a voice equivolent to worthy Knights and Esquires whereby many riots manslaughter and division among Gentlemen shal likely be Our Lord the King hath ordain'd that Knight of Shires be chosen by people dwelling in the Counties every one of them having lands or tenements to the value of 40 s. per annum at least and that he who is chosen be dwelling and resiant within the Counties where they are elected Polyander But did not the Kings of England reserve a power to except against any that came to Parliament Philanglus Mr. Camden speaking of the dignities of Barons saith that it was ordained and decreed in the reign of Henry the third that all those Earls and Barons unto whom the King himself vouchsafed to direct his Writs of Summons should come to his Parliament and no others And this rule Edward the first constantly observed and continued for as Câ—mden hath it that prudent King summoned alwaies those of ancient families and who were most wise to his Parliament and omitted their sons after their death if they were not answerable to their fathers in understanding in another place he saith select men for wisedom and worth among the Gentry were called to Parliament and their posterity omitted if they were defective herein Polyander If the King hath a power to except against a Nobleman from sitting in Parliament sure by an argument à majori ad minus he may do it against a Commoner Philanglus It should be so in reason and Queen Elizabeth who was so great a darling of her people did practise her power that way often But the modesty of the House of Commons was very great in former times for they did arrogate no more power then what the Kings Writ gave them they evaded matters of State as much as they could 13. of Edward the third a Parliament was called to consult of the domestick quiet the defence of the marches of Scotland and security of the Seas from enemies the Commons were desired their advise herein but they humbly desired not to be put to consult of things Queuâ—ils n'ont pas cognisance Things whereof they had no cognâ—sance In 21. of the same King the Commons being mov'd for their advice touching a prosecution of a war with France by an elegant speech of Justice Thorp after four days consultation they answered That their humble desire to the King was that he would be advised thereâ—n by the Lords being of more experience then themselves in such affairs In the 6. year of Richard the second the Parliament was call'd to consult whether the King should go in person to resâ—â— the great City of Gaâ—nt or send an Army the Commons being askâ—d their advice the humbly answered by Sir Thomas â—uckerinâ— their Speaker that the Councils of Waâ— did more aptly belong to the King and 〈◊〉 Lords The next year after the Commoâ— are willed to advise of the Articles 〈◊〉 peace with France but they modestly eâ—cuse themselves as too weak to counsell in â— weighty matâ—ers And being charged agaiâ— as they did tender the repute of the County and right of their King the humbly deâ—ivered their opinions ratheâ— for Peace then Warre such was the moderation and modesty of the house of Commons in former times that they declineâ— the agitation and cognizance of higâ— State affairs specially forraign humblâ— transferring them to their Soveraign anâ— his Vpper Council a Parliament maâ— then I mean a member of the Commons House thought to be the adequâ—â— object of his
he willeth to be observed of all his subjects high and low 3. Edwardi primi the title of the Statute is These are the Acts of King Edward and after it it follows The King hath ordained these Acts the first chapter begins The King forbiddeth and commandeth that none do hurt damage or grievance to any religious man or person of the Church and in the 13. chapter The King prohibitetâ—s that none do ravish or take away by force any Maid within age 6. Edward the first it is said our Soveraign Lord the King hath Established the Acts commanding they be observed within this Realm and in the 14. chap. the words are The King of his special grace granteth that the Citizens of London shall recover in an Assize damage with the land The Statute of Westmin 2. saith Our Lord the King hath ordained that the Will of the Giver be observed and in the 3. chapter Our Lord the King hath ordained that a woman after the death of her husband shal recover by writ of Entry The Statute of Quo Warranto saith Our Lord the King at his Parliament of his special grace and for affection which he beareth to his Prelates Earls and Barons and others hath granted that they who have liberties by prescription shall enjoy them In the Statute De finibus lâ—vatis the Kings words are We intending to provide remedy in our Parliament have ordained c. 28. Edward the first The King wills that the Chancellour and the Justices of the Bench shall follow him so that he may at all time have some neer unto him that be learned in the Laws And in the 24. chapter the words are our Lord the King after full conference and debate had with his Earles Barons and Nobles by that consent hath ordâ—ined The Statâ—â—e de Tallagio speaks in the Kings person no Officer of ours no â—allage shall be taken by us We will and 〈◊〉 1. Edward the second begins thus Our Lord the King willeth and commandeth The Statute of the 9. of the same King saith Our Lord the King by the assent of the Prelates Earls and other great States hath ordained The Statute of Carlile saith We have sent our command in writing firmly to be observed 1. Edwardâ— 3. begins thus King Edward the third At the request of the Comminalty by their Petition before him and his Council in Parliament hath granted c. And in the 5. chapter The King willeth that no man be charged to arm himself otherwise then he was wont 5. Edward the third Our Lord the King at the request of his people hath establâ—shâ—d these things which he wills to be kept 9. Of the same King there is this title Our Lord the King by the assent and advice of his Councel being there hath ordain'd c. In the 10 year of the same King it is said Because our Lord the King hath receiv'd by the complaints of the Earls Barons also at the shewing of the Knights of the Shires and the Commons bytheir Petition in his Parliament c. hath ordain'd by the assent and at the request of the said Knights and Commons c. But very remarkable is that of 22 of Edward the third where it is said The King makes the laws by the assent of Peers and Commons and not the Peers and Commons The Statute of â—Ric â— hath this beginning Richard the second by the assent of the Prelates Dukes Earls and Barons and at the instance and special request of the Commons hath Ordained As for the Parliaments in Henry the fourth Henry the fifth Henry the sixth Edward the fourth and Richard the thirds Reign most of them do all agree in this one title Our Lord the King by the advice and assent of his Lords and at the special instance and request of the Commons Hath Ordained The Statutes in Henry the seventh days do for the most part agree both in the Titles and Bodies of the Acts in these words The King by the assent of the Lords spiritual and Temporal and the Commons 〈◊〉 Parliament assembled hath Ordained But very remarkable it is That the House of Commons was never Petitioned unto till Henry the sevenths reign and 〈◊〉 was about the middle thereof which Petition is inserted among the Statutes but though the Petition be directed to the House of Commons in point of Title yet the Prayer of the Petition is turn'd to the King and not to the Commons The Petition begins thus To the right Worshipful Commons in this present Parliament assembled shews to your discreet wisdoms the Wardens of the Fellowship of the Craft of Upholsters within London c But the conclusion is Therefore it may please the Kings Highnesse by the advice of the Lords Spiritual and Temporal and his Common iâ—â— Parliament c. Thus it appears that in our fore-fathers days it was punctually expressed in all laws that the Statutes and Ordinances were made by the King And withall it is visible by what degrees the stiles and titles of Acts of Parliament have been varied and to whose advantage The higher we look the more absolute we find the power of Kings in ordaininâ— laws nor do we meet with at first so much as the assent or advice of the Lords mentioned Nay if one cast hiâ— eye upon many Statutes of those that be of most antiquity they will appear to be no other things but the Kings pleasure to whom the punishments of most offences were left The punitive part which is the chiefest vigour of the Law we find committed by the Statutes themselves to the Kings meer wil and pleasure as if there were no other law at all witnesse these precedents 3. Edward the first the ninth Chapter saith That Sheriffs Coronets and Bayliffs for concealing of Felonies shall make grierous fines at the Kings pleasure Such as shall be found culpable of ravishing of women shall fine at the Kings pleasure The penalty for detaining a Prisoner that is mainpernable is a fine at the Kings pleasure Offenders in Parks or Ponds shall make fines at the Kings pleasure Committers of Champarty and Extortioners are to be punished at the Kings pleasure Purveyors not paying for what they take shall be grievously punished at the Kings pleasure The King shall punish grievously the Sheriff and him who maintains quarrels Taker away of Nuns from Religious houses to be fined at the Kings Will If a Goldsmith be attainted for not assaying touching and working vessels of Gold he shall be punished at the Kings pleasure There is a notable saying declar'd in the 8. yeer of Henry the fourth viz. potestas principâ—s non est inclusa legibus the Power of the Prince is not curb'd by law In the 2. yeer of Henry the fifth there was a Law made wherein there is a clause that it is the Kings Regality to grant or deny such Petitions as he please 6. Henry the sixth an Ordinance was made to induâ—e as long as it should please the King
Now for further proof that the legislative power is in the King or Suprâ—am Magistrate it is to be observed that as Sir Edward Cook saith All Acts of Parliament in former times were in form of Petitions how if the Petitions were from Parliament and the answer from the King 't is easie to judge who makes the Acts Moreover Sir John Glaâ—vil affirms that in former times the way of Petitioning the King was this The Lords and Speaker either by words or writing preferr'd their Petition to the King which was afterwards called a bill which Petition being receiv'd by the King he received part and part he put out and part he ratified and as it came from him it was drawn to a law Furthermore it appears that Ordimances Provisions and Proclamations made heretofore out of Parliament have been alwayes acknowledged for Laws and Statutes The Statute call'd the Statute of Ireland dated at Westminster 9. Feb. 14. Hen. the third was nothing else but a Letter of the Kings 〈◊〉 Gerard son of Maurice Justicer of Ireland 'T is hard to distinguish among the old Statutes what Laws were made by Kings in Parliament what out of Parliament when Kings called the Peers only to Parliament and of those as many and whom they pleased it was no easie matter to put a difference 'twixt a Proclamation and a Statute or 'twixt the Kings Privy Counsel and his Common Counsel of the Kingdom In the Statute of Westminster 't is said These are the Acts of King Edward the first made at his first Parliament by his Council c. The Statute of Burnel hath these words the King for himselfe and by his Councel hath ordained and established When Magna Charta was confirmed there are found these two provisions in articules super chartas First nevertheless the King and his Council do not intend by reason of this Statute to diminish the Regal right The second notwithstanding all these things before mentioned or any part of them both the King and his Council and all they who are present will and intend that the right and Prerogative of his Crown shall be saved to him in all things The Statute of Escheators hath this title At the Parliament of our Soveraign Lord the King by his Council it was agreed and also by the King himself commanded The Statute made at York 9 Edward the third goeth thus The King by the advice of his Council hath ordained Now touching the Kings Council I mean his Privy Council it hath been alwayes of great authority and extreamly useful in the publick government of the Common-wealth and all Kings have acted most by it King Edward the first finding that Bogo de Clare was discharged of an accusation brought against him in Parliament yet he commanded him nevertheless to appear before him his Privy Council ad facienduÌ„ recipienduÌ„ quod per Regem ejus Concilium faciendum and so proceeded to a re-examination of the whole business Edward the third in the Star-chamber which was the ancient Councel Table of the Kings upon the complaint of Elizabeth Audley commanded James Audley to appear before him and his Councel where a controversie was determin'd between them touching land contained in her joynture Henry the fifth in a sute before him and his Councel for the titles of the Mannors of Serre and Saint Laurence in the I le of Thanet in Kent sent order for the profits to be sequestred till the right were tryed Henry the sixt commanded the Justices of the Bench to stay the arraignment of one Varney in London till they had commandement from Him and his Councel Edward the fourth and his Privy Councel heard and determined the cause of the Master and poor brethren of St. Leonards in York complaining that Sir Hugh Hastings and others withdrew from them a great â—art of their living which consisted chiefly upon the having of a thrave of corn upon every plowland within the Counties of York Cumberland c. Henry the seventh and his Privy Councel commanded that Margery and Florence Becket should suâ— no further in the cause against Alice Radley widow for lands in Woolwich and Plumstead in Kent In Henry the thirds time an order or provision was made by the Kings Council and it was pleaded at the common Law in baâ— to a Writ of dower We find also that it hath been very usual for the Judges before they would resolve or give judgements in some cases to consuâ—â— with the Kings Privy Council In the case of Adam Brabson who was assaulted in the presence of the Justices of Assise at Westminster the Judges would not proceed without the advice of the Kings Privy Council Green and Thorp were sent by the Judges to the Kings Privy Council to demand of them whether by the Statute of Edward the third a word may be amended in a Writ In the 39. of Edward the third in the case of Sir Thomas Ogthred who brought a formedon against a poor man and his wife the Judges said Sue to the Kings Council and as they will have us to do we will do and no otherwise Thus we find that the Court-Council did guide and check the Judges oftentimes yet the Judges have guided the great Common Council or high court of Parliament Polyander I find that you have studied the point of King and Parliament to very good purpose by these choice instances you have produced but I find that though the Parliament hath been held the Great Councel of the Kingdom yet the ordinary way of government was by the King or Soveraign Magistrate and his Councel of State for the great Councel without disparagement may be called the production of the Privy Councel witnesse the words of the Writ of Summons But since you have proceeded so far I desire to know whether by an implicit faith we are to obey what the Parliament determines or whether it may err or no and what are those priviledges it hath Philanglus I shall do my indeavour to satisfie you in all touching the first no doubt but we are to acquiesce in what a true Parliament ordains for it is generally binding and requires an universal obedience because it bears the stamp of Royal Authority and of the Supream Magistrate who is the head of the Parliament who is to consult with his Judges and Privy Council must be satisfied in conscience of the justnesse of such bils that he is to passe for Laws because afterward he is to protect them and his soul lyes by oth at the stake for the defence and Safeguard of them he is also to consult with his learned and Privy Councel whether they trench upon his Royal Prerogative and then his answer is you know it le Roy s' avisera the King will consider of it which though in civil terms is equivolent to a flat denyal Touching the second point Sir Edward Coke tels us that Parlements have been utterly deceived and that in cases of greatest moment specially in
preservation of his Person in imitation of the Parliament who had taken a kind of choice Praetoriaâ— band many moneths before for their safeguard though without the Kings consent The Northern men came cheerfully to this service wherewith the Parliament being not well pleas'd they interdicted all trade to Newcastle But I must make a step back when the King was return'd from Scotland he retir'd to Hampton Court yet upon the Lord Mayors and Cities solicitation hee came back to White-Hall to keep his Christmas But when the Bill against Bishops was in agitation which lasted above ten Months and was twice cast out of the House of Peers a crue of hold sturdy mechanicks Marriners and Tar-pawlings came from the City and ruffled again before White-hal and Westminster-hall and would have violated the Abbey of Westminster under the Parliaments Nose so that for many nights a Court of Guard was forc'd to be kept in the body of that Church The King finding such distempers still in the Parliament and knowing the chiefest Authors of them who he had impeach'd before but could get no justice against them in an ordinary way though he desir'd the Parliament to direct him in a course how to go on in the Empeachment in such extremity for desperate diseases requiring desperate cures He took the Palsgrave with him and making use of the next Coach he met withall at the Court gate he went to the House of Commons in person to demand five Members which he would prove to be Traytors in the highest degree and to be the fomenters of all these divisions protesting unto them upon the word of a King that they should have as fair and legal a Trial as ever men had in the interim he desir'd onely that their persons might be secur'd The Walls of both Houses and the very stones of London streets did seem to ring of this high carriage of the King and the sound thereof far and neer into the adjacent Countries whence the Plebeans by incitement of some of the Members came in whole Herds to the City and strutting up and down the streets had nothing in their mouths but Priviledge of Parliament Polyander Yet as I observ'd in your discourses before Queen Elizabeth though she was so popular and such a minion of Parliaments did the like and far higher things But now that you have given a touch of the Palsegrave I remember a Manifesto of that Parliament which they passed and published in favour of his restitution which was laughed and libelled at in Germany Philanglus 'T is true the King went in state one day to the Parliament in his behalfe where he clear'd unto them the whole business and because he doubted that Sir Thomas Roe his Embassadour should have but sorry success in the Diet which was then held in Germany in regard he understood of an Amnestia to come forth whence the Prince Palatine was excluded he desired the two Houses to joyn with him in a publique Manifâ—sto The Parliament did cheerfully approve hereof praying that Scotland would joyn with them The Manifesto consisted of two parts or protestations one against all Acts whatsoever that should passe in the Imperial Diet in the prejudice to the Palatine the other that the King and Parliament of great Britain were resolv'd to espouse his quarrel but this business was little thought of afterwards The King as I told you before having gone to the House of Commons himself to demand those Members it happened none of them were there but retir'd to London for refuge the House having had notice of the design from Marquis Hamilton who was us'd to reveal unto them whatsoever was intended at Court Polyander It may well be said then that the infortunate King had greater Traitors within dores then abroad but it concern'd Hamilton with Holland and others to keep in with the House because they were the chiefest Monopolizers specially the Earl of M. who in regard his son was so great a Zealot in the Upper House was permitted to keep a kind of Office to compound for his corruption and briberies whereof there were above forty prov'd against him yet he scap'd without any punishment at all or least mark of Infamy Philanglus Well Sir the Londoners grew stark wild when they heard of this attempt of the King and the Countries about specially Essex and Buckinghamshire men being incited by Hamden who was kill'd afterwards upon the same turf of earth where he call'd the people together came in great swarms to Town and joyning with the City and Suburbian rabble They brought the five Members the next day to the House in a kind of Triumph being guarded by water as wel as by land by such companions A little after sundry Troops of Countâ—y horse came and instead of Feathers or Ribands they carried a paper-Protestation in their Hats as the Londoners had done a little before upon their Pikes point Polyander I heard much of the said Protestation but I pray oblige me to tel what it was Philanglus It consisted of many parts being penn'd and enjoin'd by the Parliament for every one to take The first part was to maintain the true Protestant Religion against all Popish Innovations but no other The second was to maintain the Person Prerogative and honoâ— of the Kin The third The Priviledge and Power oâ— Parliament And lastly the prâ—priety and liberty of the Subject Polyander Where was the King during all these popular Riots Philanglus Rather then expose himself to such indignities and there being dark whispers of an attempt upon his Person he retir'd to Hampton Court thence to Windsor Castle whence having accompani'd the Queen and his eldest Daughter to the Sea-side for Holland and having commanded the Prince to attend him at Greenwich against his return the Prince had been surpriz'd and brought to London had the King stayed but a quarter of an hour longer Thence he remov'd to York where he sojourn'd all that Summer and among other things he sent for his Great Seal thither which rid Post and was pursued by the Parliament but not overtaken The King being setled at York the Parliament still move him to have the disposing of the Militia and not to be limited to any time which he denied for he was loth to be dis-arm'd and part with his sword Therefore he put forth his Commissions of Array according to the old Law of England as he alled'd which declares it to be the undoubted Right and Royal Signory of the King to arm or disarâ— any Subject The Parliament send out Counter-commands for the executing the said Militia so by this clashing 'twixt the Commission of Array and the Militia the first flash of that cruel and cruentous civil War may be said to have broke out A close Committee was appointed which was mix'd of Lords and Commons and I cannot tell how many Rural and subordinate Committees of mean mechanical men who stood higher a tip-toe in conventing Lords and Knights before them
of all the breaches and violations of those Laws may bee given in charge by the chief Iudges to be presented and punished according to Law 12. That all the Judges and all the Officers placed by approbation of Parliament may hold their places quam diu â—e benè gesserint 13. That the Justice of Parliament may pass upon all Delinquents whether they be within the Kingdom or fled without it And that all persons cited by either Court may appear and abide the censure of Parliament 14. That the General pardon offered by your Majesty may be granted with such exceptions as shall be advised of by the Parliament 15. That the Forts and Castles of the Kingdom be put under the command and custody of such as your Majesty shall appoint with the approbation of your great Council and in the interval with the major part of your Privy Council as formerly 16. That the extraordinary guard and military forces now attending your Majesty be removed and discharged and that for the future that you will raise no such Guards or extraordinary forces but according to the Law in case of actual Rebellion or Invasion 17. That your Majesty will be pleased to enter in a more strict league with the Hollanders and other Neighbour Princes and States of the Reformed Religion for the defence and maintenance thereof against all designes and attempts of the Pope and his adherents to subvert and suppress it whereby your Majesty will obtain a great access of strength and reputation and your Subjects much encoâ—raged and enabled in a Parliamentary way for your aid and assistance in restoring the Queen of Bohemia and her Princely issue to those dignities and dominions that belong to them and relieving the other reformed distressed Princes who have suffered in the same cause 18. That your Majesty will be pleased to clear by a Parliamentary Act those Members you have empeached in such a manner that future Parliaments may be secured from the consequence of ill Presiâ—ents 19. That your Majesty will be graciously pleas'd to pass a Bill for restraiâ—ing Peers made hereafâ—en from sitting 〈◊〉 voting in Parliament unless they be admitted thereunto by consent of both Houses And these our humble desires being granted by your Majesty we shall forthwith apply our selves to regulate your present Revenew in such sort as may be to your best advantage and likewise to settle such aâ— ordinary and constant encrease of it as shall be sufficient to support your Royal dignity in honour and plenty beyond the Proportion of any former grants of the Subjects of this Kingdom to your Majesties Royall Predecessors We shall likewise put the Town of Hul into such hands that your Majesty shall appoint with the consent and approbation of Parliament and deliver up a just account of all the Magazine and cheerfully employ the utmost of our endeavors in the real expression and performance of our dutiful and Loyal affections to the preserving and maintaining of the Royal honour greatness and safety of your Majesty and your posterity Polyander How did these Propositions relish they run in a very high strain though the preamble and conclusion breath a great deal of humility and allegeance Philanglus The King received these proposals with a kind of indignation saying that he was worthy to be a King no longer over them if he should stoop so low some alledged that the very propounding of them was Treason in the highest degree for they struck at the very foundation and root of all Royal authority therefore the condescending to them would render him a King of cloâ—â—s and fit to be hooted at by all his Neighbours Polyander The world was much amazed abroad that the Peers should concur in passing such Proposals considering how their honour must stand and fall with the Royal Prerogative well Siâ— on Philanglus You must think Sir that one part of foure of the Lords were not there the rest were with the King who slighting those nineteen Propositions an unluckie number it made the Pulse of the Parliament to beat higher and to publish to the World a new Declaration the substance whereof was That the Parliament hath an absolute power of declaring the Law and whâ—tsoevâ—r they declare is not to be questioned by â—ing Magistrate or Subject That â—n Pâ—â—cedents can bound or limit their proceedings â—at they may dispose of any thing wherâ—iâ— King of Subject hath any rig'tâ—forth publick good wherefore they may be Judâ—es without Royal Assen That none of their Members â—ught to be molested or medled withal for treason felony or any other crime unlesse the cause â— brought bâ—fore them to judge oâ— the fâ—ct That the Sâ—vâ—raign power resides in them That lâ—vying of Warre against the command of the King though his person be present is no lâ—vying of War against the King but the levying of War against his politick person and Laws that is the onely levying War against the King Polyander It was not the first time that this new kind of Metaphysick was found out to abstract the person of the King from his Office and make him have two capacities private and politick for the same Metaphysick was made use of in Edward the seconds Reign but it was exploded and declar'd by Act of Parliament afterwards to be detestable and damnable Treason This were to make Soveraignty by separating it from the person to be a kind of Platonick Idea hovering in the aer to make a King a strange kind of Amphibium to make at the same instant a King and no King of the same Individuum a power which the Casuists affirm God Almighty never assum'd to himself to do any thing that implies contradiction Philanglus The Parliament or rather the Presbyteriaâ— Army for the Presbyters sate then at the Helm increas'd dayly and things being at such a desperate point there were two choice Earls Southampton and Dorset sent from Nottingham with this Pathetick Letter of the Kings to the Parliament WE have with unspeakâ—bl grief of heart long beheld the distraction of this our Kingdom Our very soul is full of anguish until we may find some reâ—â—dy to prevent the miseries which are ready to overwhelm this whole Nation by a civil War And though all our indeavors tâ—nding to the composing of those unhappy differences 'twixt us and our Parliament though pursued by us with all Zeal and Sincerity have been hitherto without the successe we hoped for yet such is our earnest and constant care to preserve the publick peace that we shall not bee discouraged from using any expedient which by the blessing of the God of mercy may lay a firm foundation of peace and happinesse to all our good Subjects To this end observing that many mistakes have arisen by the Messages Petitions and Answers betwixt us and our great Councel which haply may be prevented by some other way of Treaty wherein the matters in difference may be clearly undâ—rstood and more freely transacted We have thought fit to
Parliament And we ingage our selves further not to obey any Rules Order or Ordinance whatsoever concerning any Militia that hath not the Royall Assent To this was subjoined another We whose naâ—es are under written in obedience to his Majesties desire and ouâ— of the duty we ow to his honour and to truth being here on the place and witnesses of his Majesties frequent and earnest Declarations and Professions of his abhorring all designs of making war upon the Parliament And not finding any Councels that might reasonably beget the belief of any such design We do promise before God and testifie to all the World that we are fully perswaded his Majesty hath no such intention but that all his indeavours tend to the â—â—rm and constant settlement of the true Religion and the just priviledges of Parliament the Libâ—rty of the Subject with the Laws Peace and Prosperity of this Kingdom But all this would not serve the turn for neither Parliament nor people would give credit to any thing that drop'd from King or Peers specially the City of London where the Presbyterians played their parts notably by inciting the people to a War for preventing the introduction of Slavery and Supâ—rstition so unusual voluntary collections were made both in Town and Country the Seamstress brought in her silver thimble the Chamber-maid her Bodkin the Cook his silver spoon the Vintner his Bowl into the common Treasury of War and they who contributed to so pious a work were invited more then others in some Churches to come to the Holy Communion in the very time of administration And observed it was that some sorts of Females were freest in those contributions as far as to part with their Rings and earings as if some Golden Calf were to be molten and set up to be idolized which prov'd true for the Covenant a little after was set up which may be said to have been a kind of Idol as I shall make it appear hereafter Thus a fierce funestous civil War was a fomenting in the very bowels of England which broke out into many storms and showers of blood The fatal Cloud wherein this storm lay long ingendring though when it began to condense first it appeared but as big as a hand yet by degrees it did spread to such a vast expansion that it diffused it self through the whole Region and obscur'd that fair face of Heaven which was used to shine upon this part of the Hemisphere The King fell to work then in good earnest and made choice of the Earl of Linzey for General of the Infantry which choice was generally cried up of all Prince Rupert was made General of the Horse but that election did not find such an applause The first incounter that Prince Rupert had with his Godfather the Earl of Essex was near Worcester where he defeated some of the flower of the Parliaments horse The King having remov'd from Nottingham to Derby and so to Strafford his forces increas'd all along but passing by Chartly the Earl of Essex house the Souldiers hop'd to have had some plunder there but a strict command was given by the Kings own mouth that nothing should be touch'd not as much as a Buck whereat their teeth 〈◊〉 water as they march'd through his Park So he came to Shrewsbury where the Coâ— kept above a month at which time the Army multipâ—i'd exceedingly to neer upon â—o Mâ— men and the Welchmen coming so thicâ— down the Mountains did much animate thâ—English From Shrewsbury the King took a resoâ—â—tion to remove to Oxford but after seveâ—â— daiâ—s tiresome march hee understood the Parliaments Army were within six mile of him so he went out so far to find theâ— out and fac'd them on a Sunday morninâ— from Edgâ— Hil as they lay in Kinton fieldâ— where their Colours were displayed A sight of the Royal Army they discharge some peeces of Ordnance in Defiance so both Parties prepared for Battel aâ—â— the Sun had declined above two hours the afternoon before the Cannons aâ— Kings Infantry could get into the bottom Being put there in a fighting posture and having the wind favourable the King gave command to let fly the Cannons to begin Battail Thus a most furious Engagement began which lasted about three houres till night parted them and some old French and German Commanders who were there employed in the Royal Army reported afterwards they never saw such a manful fight in all their lives Prince Rupert springing ore a low hedge lind thick with the enemies Musqueteers pursued their Horse very far and did notable execution upon them all the way and had he not worried them so far and deserted the Infantry or had not his German Souldiers fallen a plundring too soon matters might have gone better with the King Polyander I heard it reported that this Battail was fought just the same day twelve month that the Rebellion and Massacre began in Ireland It was so being the 23. of October a day fatal for blood Now though this Battail of Edg-Hill may be said to be sudden inexpected and unpitched yet for position of ground 't was fought in as indifferent and a fit place for a battail as possibly could be lighted upon for the Combatants had scope enough to fight and the Spectators whereof there were multitudes upon the rising adjacent grounds might behold all as plainly as a Tragedy acted upon a Stage or Cock fighting in a Pit The Parliaments Army had the advantage of the Kings in point of Infantry who were very good Fire-locks most of them having been trained up in London and so left their Wares to follow the Wars They had also the advantage of the King in point of Arms for scarce three parts of four were Armed in his Army But for Cavalry the Royalists had the greater advantage for the flower of most of the English Gentry was there in so much that the life-Guard of the Kings was computed to above one hundred thousand pounds sterling of yearly Revenue About the evening of the day following both parties retired from the field the Parliaments back towards Northampton the Kings to their former road towards Oxford and in the way they took Banbury where there was a strong Garison for the Parliament which sure as the Cavaliers gave out the Earl of Essex had preserved had he been then Master of the field After this battail of Edge-Hill there happened diverse other traverses of war 'twixt King and Parliament for about four years in which revolution of time there were more skirmiges and battails fought then happened in those last thirty years wars of Germany or fourscore years wars 'twixt Spain and Holland Polyander This shews that the English have still the same old innated valour that they had when they made the gray Goose wing fly through the heart of France which made Comines one of their greatest Authors to confeâ—s that no Nation is more greedy of battail and more impatient of delayes that way then the English
could England but be in apparent danger considering how all her Neighbours about her were in actual hostility which made huge Fleets of men of War both French Dunkerkers Haâ—burgers and Hollanders to appear ever and anon in her channel and hard before her Royal Chambers He declared further that not one peny of that publique contribution came to his private Coffers or was given to any favorite but he added much of his own treasure for the maintenance of a Royal Fleet abroad every Summer yet he was ready to passe any Bill for the abolishing of the said Ship-money and redressing of any grievance besides provided his Parliament would enable him to suppress and chastse the Scot Some say the House was inclinable to comply with the King but as the ill spirit would have it that Parliament was suddenly broke up and it had been better for him that they who gave him that counsel had been then in Arabia or beyond the Line in their way to Madagascar yet those men were of high request in the Long Parliament afterwards being The King reduced to such streights and resenting still the insolence of the Scot proposed the business to his Privy Council who suddenly made a considerable sum for his supply whereunto divers of his domestick servâ—nâ—s did contribute Among others who were active herein the Earl of Strafford bestirred himselfe notably who having got a Parliament to be called in Ireland went over and with incredible celerity raised 8000. men and procured money of the Parliament there to maintain them An Army was also levied here which marched to the North and there fed upon the Kings pay a whole Summer The Scot was not idle all this while but having punctual intelligence of every thing that passed at Court as far as what was debated in the Cabinet Council or spoken of in the Bed-chamber where of the six grooms five were Scots which was a great advantage unto him He armed also and preferring to make England the Stage of the War rather then his own Country and to invade rather then to be invaded he got ore the Tweed where he found the passage open and as it were made for him all the way till he come to the River of Tine And though there was a considerable English army of horse and foot at Newcastle yet they never offered to face the Scot all the while At Newburg there was indeed a small skirmish but the English foot would not fight so Newcastle Gates flew open to the Scot without any resistance at all where 't is thought he had more friends then foes for all Presbyterians were his confederates The King being advanc'd as far as York summon'd all his Nobles to appear and advise with in this Exigence Commissioners were appointed on both sides who met at Rippon and how the hearts and courage of some English Barons did boil within their breasts to be brought to so disadvantagious Treaty with the Scot you may well imagine So the Treaty began which the Scot would not conform himself unto unlesse he were first made Rectus in Curâ—a and the Proclamation wherein he was call'd Traitor revoked alledging how dishonourable it would be for his Majesty to treat with Rebels This Treaty was then adjourn'd to Londoâ— where the late long Parliament was summon'd Polyander Truly Sir I must tell you that to my knowledge those unhappy traverses with the Scots made the English suffer much abroad in point of National repute But in this last expedition of the Scot England may be said to have been bought and sold considering what a party he had here in Court and country specially in the City of London Therefore his coming in then may be call'd rather as Invitation then an Invasion Philanglus The Scot having thus got quietly into a Town he never took and nested himself in Newcastle Our late long long Parliament began at Westminster Being conven'd the King told them that he was resolved to cast himself and his affairs wholly upon the affection and dâ—lity of his people whereof they were the Representatives Therefore he wished them to go roundly on to close up the Ruptures that werâ— made by that infortunate War and that the two Armies one English the other forraign which were gnawing the very bowels of the Kingdom might be both dismissed Touching grievances of al natures he was ready to redress them concerning the Shipmony he was willing to passe a law for the utter abolition of it and to cancâ—l all the enrollments therefore he wish'd them not to spend much time about that For Monopolies he desired to have a List of them and he would damn them all in one Proclamation Touching ill Counsellours either in White-Hall or Westminster-Hall either in Church or State hee was resolved to protect none Therefore he desired that all jealousies and misunderstandings might vanish and so concluded with this caution That they would be carefull how they shook and dâ—â—jointed the frame of an old setled Government too much in regard 't was like a Watch which being put asunder can never be made up again if the least pin be left out Thus at the beginning of the Parliament there were great hopes of Fair weather after that cold Northern storm and that we should be rid of the Scot but that was least intended till some designs were brought about The Earl of Strafford the Arch-Bishop of Canterbury the Judges and divers other are clapp'd up and the Lord Keeper Finch took a timely flight t'other side of the Sea And in lieu of these the Bishop of Lincoln is inlarged Bastwâ—ck Burton and Pryn who were strong Presbyterians were brought into London with a kind of Hosanna Polyander It is possible that the lenity of the King should be such as to yeeld to all this Philanglus Yes and to comply further with them he took as it were into his bosom I mean he admitted to his Privy Council such Parliament Lords who were held the greatest Zealots among them The Lord Say was made Master of the Court of Wards the Earl of Essex Lord Chamberlain Moreover to give a further evidence how firmly he was rooted in his Religion and how much he desired the strengthning of it abroad the Treaty of marriage went on 'twixt his eldest daughter and the Prince of Orange Hereunto may be added as a special Argument of compliance the passing of the Bill for a Triennial Parliament and lastly he was brought to passe the Act of Continuance which prov'd so fatal unto him Polyander Touching the Triennial Parliament I heard of a Prophetick mistake that came from a Lady of honour who sending news that time to the Country did write that the King had passed a Bill for a Tyrannical Parliament whereas she should have said Triennial And touching the Act of Continuance or perpetual Parliament I heard a tale of Archy the fool who being asked whether the King did well in passing that Bill answered that he knew not whether the King