propound unto you that some sit persons may bâ—e by you inabled to treat with the like number to be authorized by us in sâ—ch a manner and with such freedoâ—e of dâ—bate as may best tend to that happy coâ—clusion which â—ll good people desire viz. The Peace of the Kingdom wherein as we promise in the 〈◊〉 of a King all saâ—ety and â—ncouragement to them who shall be sent unto uâ— if ye wâ—ll chuse the place we are to meet for the TREATY which we wholly leâ—ve unto you presuming the like care of the safety of those wee shall employ if you shall name another place So we assure you and all our good Subjects that to the best of our understanding nothing shall be wanting on our pâ—rt which may advance the true Reformed Religion oppose Popery and Superstition secure the Law of the Land upon which is built as well our just Prerogative as the propriety and liberty of the Subject confirm all just power and priviledges of Parl and render us a people truly happy by a true understanding 'twixt us and our great Council bring with you as firm a resolution to do your duty and let our people join with us in prayer to Almighty God for his blessing upon this work If this Proposition be rejected by you wâ—e have done our duty so amply that God will absolve us from the guilt of any of that blood which shall be spilt And whatsoever opinion other men may hâ—ve of our power we assure you that nothing but our pious and Christian care to prevent the effusion of bloud hath begot this motion in us Our provisioâ— of men Armies and Money being such as may secure us from violence till it please God â—o open the Eyes of our people Polyâ—ndâ—r What impression did thiâ— Letter make for it promis'd much Philanglus It made little or none at all though it was all written with the Kings own hand for the Parliament was formerly nettled at a Declaration he had sent when having made â— motion to go himselfe in person to suppress the Irish Rebels which attempt the Scots approved of and highly applauded but being not liked by the English Parliament he replied unto them to this effect When we recommended the reductâ—on of Ireland to you we intended not to exclude our Self or not to be concernd in your Councils but that if there were any expedient which in our Conscience and understanding we thought necessary for that great work we might put it in practise We look upon you as our great Council whose advice we always have and will with great regard and deliberation weigh and consider of but we look upon our Self as neither depriv'd of our understanding or devested of any right we had were there no Parliament at all sitting We call'd you together by our our own Royal Writ and authority without which you could not have met to give us faithful Counsel about our great affairs but we resigned not hereby our interest and freedom we never subjected our Self to your absolute determination we have alwayes weighed your Counsel as from a body intrusted by us and when we have dissented from you we have returned you the reasons which had prevailed with ouâ— understanding and conscience and with such candor that a Prince should use towards his Subjects and with that affection a Father should express to his Children What applications have been used to rectifie our understanding by reasons and what motives have been given by you to perswade our affections we leave the world to judge Moreover we must not forget to tell you however a major part may blind you in matter of opinion We hold our selfe and we are sure the Laws and constitutions of the Kingdom hath always held the same as free to dissent till our reason be convinced for the general good as if you delivered no opinion When we summoned you first together we did not intend to put the reins of all Rule and Reason into your hands and by a kind of blind bruitish formality and unprincely simpleness to assent to every thing without examining our own Conscience and judgement which yet never pleased us more then when they concurr'd with yours This were to bring us back to a nonage now that we are come long since to the perfect growth of discretion you must not think to take from us the Mastery and use of our innated reason and the dictates of our own conscience or that we will raise a Tempest at home within our brest to calm a storm abroad In fine we called you together to propound not to give Law to be our Counsellors not our Controllers for Counsel degenerates from the nature of Counsel wâ—en t is coercive Nor shall we ever enfeeble our regal power or suffer it to be invaded so far as to give way that any Ordinance or Omnipotency of Votes shall be able to suspend an Act already in force without our assent To conclude as we firmly resolve to make the Law the measure of our actions so we expect it should be also the Rule of your obedience and deliberations and that the result of all your Counsels be derived from it Polyander This was home and high but what answer did the Parliament make to the former letter from Notingham Philanglus The noble Personages who carried that Letter were looked upon with an ill aspect by the Parliament yet an answer was returned containing this proposal That the King woâ—ld revoke and annul in the first place those Proclamations and oâ—her publique instruments whereby their Adherents were declared Traytors uâ—der which notion 't was neither honourable for his Maâ—esty to tâ—eat with them nor were they capable to treat with Him Polyander This Doctrine I believe they had learnt of the Scot but what did the King reply Philanglus He sent word that he was willing so to do provided that the Parliament would recal likewise their Votes Orders or Ordinances passed against such whom they declared Delinquents for adhering to the King according to the clear known Law of the Land in the reign of Hen. 7. which was that nâ—ne should be molested or questioned for adhering unto or assisting the Royal person of the King This the King desir'd by way of reciprocal correspondence but it being denied those overtures for a Treaty came to nothing so the Parliaments Army begin to advance and the Kings did daily increase Thereupon the Lords that were about the person of the King whereof there were above threescore made this publick Manifesto WE do ingage our selves not to obey any Orders or Commands whatsoever that are not warranted by the known Laws of the Land We ingage our selves and fortunes to defend your Majesties Person Crown and Dignity with your just and legal Prerogatives against all persons and power whatsoever We will defend the Religion established by the Law of the Land the lawfull Liberties of the Subjects of England with the just priviledges of your Majesty and the
the interpretation of Laws and in that point the twelve Judges who are called the Sages and Oracles of the Law are to be beleeved before the Parliament whose office is more to make new Laws then to expound the old Parliamentâ— being composed of men may erre Mr. Pryn as I alledged before tels us how many usurpers they have preferred before the rightful Heirs How often did Henry the eight make Parliaments the panders of his lust in whose time there are three acts observable 1. That Proclamations shold be equivalent to laws 2. That Queen Elizabeth was illegitimat 3. That the King in his will might name whom he pleas'd to be his successor Besides in lesse then four yeers Religion was changed twelve times in his raign by Parliament Polyander Touching the last Act of naming a successor I have seen a manuscript which makes mention that Henry the eight som 2. yeers before his death summoned a Parliament wherein he intimated unto them that one of the main designs of convoking that Parliament was that they should declare a successor to the Crown But the Parliament with much modesty answered that touching that point it belonged to his Majesty to consider of it and consult with his learned and Privy Councel about it And whomsoever his Majesty would please to nominat in his last Will they would confirm and ratifie Whereupon old Harry made a formal Will which was enrolled in the Chancery wherein remembring the perfidious carriage of James the fourth his brother in law he declared the issue of his eldest sister the Queen of Scotts being forreners incapable to inherit and the issue of Charles Brandon after the progeny of his own body to succeed next This Will continued in the Chancery all Edward the sixts time till Queen Mary who about the midst of her reign did cancel it But now Sir be pleas'd to pardon this Parenthesis and resume the thread of your former discourse in displaying what are the priviledges of Parliament which were so much insisted upon and cried up in the late long Parliament till they swell'd so high that they swallowed up and devour'd the Prerogative Philanglus If we will give credit to Sir Ed. Coke who was a great Champion of the House of Commons and no friend to Prerogative which he was us'd to call that Great Monster the priviledge of freedom from Arrests is the onely priviledge of Parliament He cannot or at least he doth not so much as name any other in his Section of the priviledge of Parliament neither is this priviledge so unquestionable and cleer as some do imagine as divers examples may be produced in the reign of Queen Elizabeth who was so great a darling of the Commons In the 39. of her reign Sir Ed. Hobby and Mr. Brograve Attorney of the Dutchy were sent by the House to the Lord Keeper to require his Lordship to revoke two writs of Subpoena's which were serv'd upon Mr. Tho. Kâ—â—vet a Member of the House the Lord Keeper demanded of them whether they were appointed by any advised consultation of the House to deliver this message unto him with the word require they answered yes he replyed as he thought reverently and honourably of the House and of their liberties and privileges so to revoke the said Subpoenas in that sort was to restrain her Majesty in her greatest power which is in the publick administration of Justice in the place wherein he serves her Therefore he concluded that as they had required him to revoke his Writ so he did require farther deliberation 18 Eliz. report was made by the Attorney of the Dutchy upon the Committee for the delivering of one Mr. Halls man that the Committee found no precedent for setting at large by the Mace any person in arrest but onely by Writ and that by divers precedents of records perus'd by the said Committee it appeared that every Knight Citizen or Burgesse which doth desire privilege hath used in that case to take a corporal oath before the Lord Chancellor or Keeper for the time being that the party for whom such writ is prayed came up with him and was his servant at the time of the arrest made Thereupon Mr. Hall was directed by the house to repair to the Lord Keeper and make oath and then to take a warrant for a writ of privilege for his servant 270 Eliz. Richard Coke a Parliament member being served with a subpoena of Chancery The Lord Keeper boldly answered that he thought the House had 〈◊〉 such privilege against subpoenas as they pretended Neither could he allow of any precedents of the House used in that behalf unlesse the House of Commons could also prove the same to have been likewise allowed and ratified by precedents in the high Court of Chancery Now the Original writ for Election which is the foundation of the whole business makes mention of no such privilege and 't is a rule that to vary from the meaning of the Writ makes a nullity of the cause and the proceedings thereupon For where a Commissioner exerciseth more power then is warranted by his Commission the act is not only invalid but punishable Now the end and scope of privileges of Parlement is not to give power to do any publick act not warranted by the writ but they are intended as helps only to enable the members towards the performance of their duties and so are subservient to the power comprized in the Writ For instance the freedom from Arrests doth not give any power at all to the House of Commons to do any extraordinary act thereby but the Members are made the more capable to attend the publick service by being free from the trouble of arrests so that this privilege giveth no further power at all but only helps to the execution of the power derived from the Royal writ Nor can the Freeholders by their Elections give any such privilege of exemption from arrests but it is the meer gift and grace of the Soveraign Prince yet in point of treson felony or breach of the Kings peace this privilege extends not Now privileges are things contrary to law or at least they serve as a dispensation against law intended originally for the better expediting of the Kings businesse or som publik service Nor could the House of Commons punish any for breach of this their privilege till they had conferr'd with the Lords and till the punishment had been referred by them to the Commons there is a notable example hereof in the 33. of Henry the eight George Ferrers the Kings servant and Burgesse of Plymouth going to Parliament was arrested by process out of the Kings Bench for debt which being signified to Sir Thomas Moyl then Speaker the Sargeant that attended the House was sent to the Counter to demand Ferres the Officers of the Counter refuse to deliver him anâ— giving the Sergeant ill language a scuâ—â—â— happened the Sheriff of London being sent for took part with the Counteâ—â— and so the Sergeant
any thing was amiss in that divorce he wish'd it might light upon his own Soul but I pray be pleas'd to go on Philanglus The King understanding that the Parliament did thus arm he was told that it was not fit for him to be idle so having levied some forces in the North he marched with them to Nottingham where he set up and displaied the Royal Standard but the Beam thereof by a gust of wind towards the evening was broke which was held an ill augury Polyander I heard by some of those that were then on the place that the King had not 4000 effective fighting men when he put up his Standard and the Parliament had an Army of above 15000 in a compleat body and upon their march about Northampton therefore I heard it censured a great oversight in the Parliament that they did not inorder their General to find out the King at Nottingham where he might have either taken him Prisoner or forc'd him to flie with his little confus'd Army But I pray pursue your discourse Philanglus I must again step a little back and inform you as that Army of the Parliaments was a levying these Propositions were sent to the King with a complemental introduction which because they are of a very high nature I will particularly relate unto you the preamble was this WEE your Majesties most humble and faithful Subjects having nothing in our thoughts and desires more precious and of higher esteem next to the honour and immediate service of God then the just and faithfull performance of our duty to your Majesty and this Kingdom and being sensible of the great distractions and distempers and of the iminent dangers and calamities which the said distractions and distempers are like to bring upon your Majesty and your Subjects all which have proceeded from the subtile informations mischievous practises and ill counsels of men disaffected to Gods true Religion your Majesties honour and safety and the publick Peace and Prosperity of your people After a serious observation of the Causes of these mischiefs Wee do in all humility and sincerity present to your Majesty our most humble Petition and Advice that out of your Princely wisdom for the establishing of your own honour and safety and gracious tendernesse of the welfare and security of your Subjects and Dominions You will be pleased to grant and accept these our humble desires and Propositions as the most necessary effectual meanes through Gods blessing of removing those jealousies and differences which have unhappily fallen 'twixt you and your people and for procuring both your Majesty and them a constant course of honour peace and happiness 1. That those of your Privy Council and such great Officers and Ministers of State either at home or beyond the Seas may be put from about you and from those Offices and Employments excepting such as shall be approved of by Parliament And that the persons put into the places and employments of those that be removed may be approved of by Parliament And that all Privy Councellors shall take an Oath for the due execution of their places as shall be agreed upon by Parliament 2. That the great affairs of the Land may not be concluded or transacted by the advise of private men or by unknown and unsworn Councellors but that such matters that concern the publique and are proper for high Assemblies which is your Majesties great and supream Council may be debated resolved and transacted here and no where else and such as shall presume to do any thing to the contrary shall be reserved to the censure and judgment of Parliament And such other matters of State as are proper for your Privy Council shall be debated and concluded by such as shall from time to time be chosen for what place by approbation of Parliament And that no publique Act concerning the affairs of the Land which are proper for your Privy Council may be esteemed of any validity as proceeding from Royal Authority unless it be done by the advice and consent of the major part of your Council And that your Council be limited to a certain number noâ—t exceeding twenty five nor under fifâ—â—een And if any Councellors place happen to be void in the intervalls of Parliament it shall not be supplyed without the coâ—â—sent of the major part of the Council which voice shall be confirmed at the next sitting of Parliament or else to be void 3. That all the great Oâ—ficers of State and Civil Justice as also your Secretaries may be chosen with the approbation of Parliament and in the intervals as formerly 4. That he or they to whom the Government and Education of the Royal issue shall be committed shall be approved by Parliament and in the intervals as formerly And that all such servants which are now about them against whom the Parliament shal have any just exception shal be removed 5. That no All â—nce of any of the Royal issue by way of marriage shall be concluded or treated with any forraign Prince or other Person whatsoever at home or abroad without consent of Parliament under the penalty of a Praemunire unto such as shall conclude or treat of any such Alliance And the said penalty shall not be pardoned or dispensed with but by consent of Parliament 6. That the Laws in force against Papists be strictly put in execution without any toleration or dispensation to the contrary And that some more effectuall course be enacted to disable them from making any disturbance in the State or â—luding the Law by Trusts or otherwise 7. That the Votes of all Papists in the upper House may be taken away as long as they continue Papists and that such a Bill be drawn for the education of their Children in the reformed Religion 8. That your Majesty will be pleas'd to consent that such a Reformation bee made of the Church-government as the Parliamsnt shall advise of And that your Majesty will contribute your best assistance for the raising of a sufficient maintenance for Preaching Ministers throughout the Kingdom And that your Majesty will be pleas'd to give your consent to Laws for the taking away of Innovations and Superstition and pluralities and against scandalous Ministers 9. That your Majesty will be pleas'd to rest satisfied with that course the Parliament hath appointed for ordering the Militia untill the same shall be further setled by â—â—ill and that your Majesty will recall your Declarations and Proclamations against the Ordinance made by the Parliament concerning it 10. That such Lords and Gentlemen that are Members of the House which have been put out of any Place or Office may either be restor'd or have satisfaction for the same upon the Petition of the Court whereof he or they are Members 11. That all Privy Councellors and Iudges take Oath the form whereâ—f to be agreed upon and setled in Parliament for the maintenance of the Petition of Right of certain Statutes made by this Parliament And that an Inquiry
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