The Copies of two Speeches in Parliament.  
The one by JOHN GLANVILL Esquire.  
The other by Sir HENRY MARTIN Knight.  
At a general Committee of both Houses, the 22. of May. 1628.   

The Reasons of the Commons-House delivered by Mr. Glanvill, why they cannot admit of the Propositions tendered unto them by the Lords.  
May it please your Lordships:  
I Am Commanded by the House of Commons to deliver unto your Lordships their reasons why they cannot admit of the Proposition tendered unto them by you, but for an introduction to the business; please you to remember, that a Petition of right was showed to your Lordships, wherein we desired you would join with us; a Petition my Lords fitting for these times, grounded upon Law, and seeking no more than the Subjects just liberty.  
The Petition consisteth of four parts: The first, touching Loans, Aids and Taxes; The second, touching Imprisonment of men's persons; The third, touching billeting of Soldiers; The fourth, touching Commissions issued for Martial law and put in execution upon several persons; groaning under the Burden of these we desire remedy, and wish your Lordships would join with us, which you having taken into consideration, we must confess have dealt nobly and freely with us, not to conclude any thing till you hear our just Reasons, for which we thank your Lordships, and hope your Lordships will value those reasons which we shall now offer unto your Lordships.  
The work of this day will make a happy issue, if your Lordships please to relinquish this, as we formerly upon Conference with your Lordships have done some other things; For the Proposition my Lords, we have debated it throughly in our House, and I am commanded to deliver unto you the Reasons, why we cannot insert this Clause, neither your Lordships nor we desire to debate Liberty beyond the due bounds, nor to encroach upon the King's prerogative and lessen the bounds thereof.  
The first reason I am to lay down, is touching Sovereign power, which I beseech you not to accept as mine own, being but a weak member of that strong body, but as the reasons of the whole House upon great and grave Considerations.  
First my Lords, the words (Sovereign Power) hath either reference or no reference to the Petition; If no reference, then superfluous; if a reference, dangerous, and operative upon the petition: And we think your Lordship's purpose is not to offer unto us any thing that may be vain, or to the hindrance of any thing wherein you have already joined with us. The Petition declareth the right of the Subject, which yet may be broken by the word, (Sovereign power,) and so the virtue of the Petition taken away, the end of the petition is not to enlarge the bounds of Law but their Liberties, being infringed to reduce them to their ancient bounds, and shall we by admitting of these words (Sovereign power,) in stead of Curing the wound, launch it, and Cut it the deeper.  
The next point is the word, Trust; a word of large latitude and deep sense. We know that there is a trust in the Crown and King, but regulated by Law, we acknowledge in penal Statutes, the King may grant another power to Dispense with the Law, But Magna Charta inflicting no penalty leaveth no trust, but claimeth his own right; therefore the word, Trust, would confound this distinction.  
Our next reason is, We think it absolutely repugnant to any course of Parliament, to put Saving to the Petition: in former times the course of petitioning the King was this; The Lords and the Speaker either by words or writing preferred their Petition to the King, this than was called the Bill of the Commons, which being received by the King, part he received and part he put out, part he ratified; for as it came from him it was drawn into a Law, but this Course in the second of Hen. 5. was found prejudicial to the Subject, and since in such Cases have petitioned by Petition of right as we now do, who come to declare what we Demand of the King; for if we should tell him what we should not demand, we should then, not proceed in a Parliamentory course. Now for that, which is alleged by your Lordships, De articulis super cartis, That my Lords is not like this, That is saving upon particulars, but this Petition consisting upon particulars would be destroyed by a general saving, the saving de articulis super Cartis, are of three aids; for ransomming the King's person for Knighting the King's eldest Son, and once for marrying the King's eldest Daughter. These by the form of the Petition show, that they came not in, upon the Kings answer but upon the petition; first than followed the save, which (under favour) we think are no reasons, to make us accept of this saving, being not pertinent to the Petition.  
These 23. Stat. made 34. Ed. 1. were made to confirm Magna Carta: so that there is in all 30. Acts, to set Magna Carta in his purity, and if some subsequent Statute, have laid some blemish upon it, shall we now then make the Subject in worse case by laying more weight upon it (God forbid.) In the next place, your Lordship's reason thus, that this which you wish we would admit of is no more, than what we formerly did profess by the Speaker, when we sent the King word, we had no purpose at all, to trench upon his Prerogatives; It is true my Lords, we did so, but this was not annexed to any Petition, for in that manner we should never have done it, And here I am Commanded (with your favours) to deliver unto you what a Learned member of the house delivered unto our House, touching this point. The King (saith he) and the Subject hath two Liberties, two Manors joining one upon another; The King is informed the Subject hath intruded upon him, but upon trial it appeareth not to be so; were it fitting think you, that the Subject should give security, that he should not encroach or intrude of that Manor of his, because the King had been informed he did so, I think you will be of another mind; Wherefore I am Commanded (seeing we cannot admit of this addition) to desire your Lordships, to join with us in the Petition, which being granted, and the hearts of the King and people knit together, I doubt not, but his Majesty will be safe at home, and feared abroad.   

In Sr. H. Martin's Speech, pag. 9 lin. 25. for higher read lighter.  
MY Lords, the work of this day, wherein the House of Commons hath employed the Gentleman that spoke last, and myself, was to reply to the answer, which it had pleased the Lord Keeper to make to those reasons which We had offered to your Lordship's consideration, in justification of Our refusal, not to admit into Our Petition the addition commended by your Lordships: which reasons of Ours, since they had not given such satisfaction as We desired and well hoped (as by the Lord Keeper's answer appeared) it was thought fit for Our better order and method in replying, to divide the Lord Keeper's answer into two parts, a Legal and a Rational. The reply to the Legal your Lordships have heard; myself come entrusted to reply to the Rational, which also consisted of two branches. The first deduced from the whole context of the additional clause; the second enforced out of some part.  
In the first were these reasons, That the same deserved Our acceptance. First, as satisfactory to the 1. King; Secondly, to your Lordships; Thirdly, agreeable 2. 3. to what Ourselves had often protested and professed expressly by the mouth of Our Speaker.  
I must confess these motives were weighty and of great force; and therefore to avoid misunderstanding & misconceit, which otherwise might be taken against the House of Commons upon refusal of the propounded addition, it is necessary to state the question rightly, and to set down the true difference between your Lordships and Vs. Now indeed there is no question or difference between your Lordships and Us, concerning this additional clause in the nature and quality of a proposition. For so considered, We say it is most true, and to be received & embraced by Us, in toto, & qualibet parte, & qualibet syllabâ: yea, and were that the question, We should add to this addition, and in stead of due regard, say, We have had, and have, and ever will have, a special and singular regard, Whereto? To leave entire Sovereign power? No, That were to intimate, as if we had first cropped it, and then left it: but Our regard was to acknowledge and confess it sincerely, and to maintain it constantly, even to the hazard of Our goods and lives, if need be.  
To which purpose, your Lordships may be pleased to remember what strict oath every member of Our House hath taken, this very Session, in these words.  
I (A. B.) do utterly testify and declare in my conscience, that the King's Highness is the Supreme or Sovereign Governor of this Realm in all causes, etc. and to my uttermost power will assist and defend all jurisdictions, privileges, preeminences, and authorities, granted or belonging to the King's Highness, or united or annexed to the Imperial Crown of this Realm.  
So that your Lordships need not to borrow from Our protestations, any exhortations to Us, to entertain a writing in assistance of the King's Sovereign power, since We stand obliged by the most sacred bond of a solemn oath, to assist and defend the same, if cause or occasion so required. So that the only question between your Lordships and Us, is, Whether this clause should be added to our Petition, and received into it as part thereof; which to do, your Lordship's reasons have not persuaded Us: Because so to admit it, were to overthrow the fabric and substance of Our Petition of right, and to annihilate the right pretended by Us and the Petition itself, in effect. For these words being added to Our Petition, viz. We humbly present this Petition, etc. with due regard to leave entire your Sovereign power, etc. do inure manifestly an exception to Our Petition. And an exception being of the nature of the thing whereunto it is an exception (Exceptio est de regulâ) must of necessity destroy the Rule or Petition, so far as to the case excepted; Exceptio firmat regulam in casibus non exceptis, in casibus exceptis destruit regulam. Then this construction followeth upon Our Petition thus enlarged, that after We have petitioned, That no Freeman should be compelled by imprisonment, to lend or contribute money to his Majesty, without his assent in Parliament, nor receive against his will soldiers into his house, or undergo a Commission of Martial Law for life and member in time of peace: We should add, Except his Majesty be pleased to require Our moneys, and imprison Us for not lending, and send Soldiers into Our houses, and execute Us by Martial Law in time of peace, by virtue of his Sovereign power. Which construction, as it followeth necessarily upon this enlargement; so it concludeth against Our right in the premises, and utterly frustrateth all Our Petition. Neither may it seem strange if this clause additional, (which of itself in quality of a proposition, We confess to be most certain and true) being added to Our Petition (which also is true) should overthrow the very frame and fabric of it, seeing the Logicians take knowledge of such a fallacy, called by them fallacia à benè divisis ad malè coniuncta. Horace the Poet giveth an instance to this purpose in a Painter, who when he had painted the head of a man according to art, would then join to it the neck of a horse, and so mar both the one and the other; whereas each by itself might have been a piece of right good workmanship.  
The second branch of my Lord Keepers Rational part, was enforced out of the last words of this addition, by which his Lordship said, that They did not leave entire all Sovereign power, but that, wherewith his Majesty is trusted for the protection, safety, and happiness of the people. As if his Lordship would infer, that Sovereign power wherewith, etc. in this place to be terminum diminuentem, a term of diminution or qualification, and in that consideration might induce Us to accept it. But under his Lordship's correction We cannot so interpret it: For first We are assured, that there is no Sovereign power wherewith his Majesty is trusted either by God or Man, but only that, which is for the protection, safety, & happiness of his people. And therefore that limitation can make no impression upon Us; but We conceive it rather in this place to have the force termini adaugentis, to be a term of important advantage against Our Petition, a term of astriction, as that whensoever his Majesty's Sovereign power should be exercised upon Us, in all or any the particulars mentioned in the Petition, We should without further inquiry submit thereunto, as assuming and taking it pro concesso, it induced to our safety and happiness, etc.  
Since therefore (as this Petition is now conceived) it carrieth the form and face of a picture, which representeth to the life, the pressures and grievances of the people, with the easy remedies: (And therefore We hope that His Majesty, casting upon it a gracious eye, will compassionate His poor loyal Subjects, and afford a comfortable answer:) I do humbly pray your Lordships not to mar nor blemhsi the grace and face of this picture, with this unnecessary addition: And unnecessary I prove it to be, according to that rule, Expressio ejus quod tacite inest nihil operatur; And Sovereign power in cases where it hath place, and aught to be used, is always necessarily understood, and though not expressed, yet supplied by reasonable intendment in the opinion of all learned men. And therefore as it neither is, nor can be by Us expressly excluded, so not necessarily by your Lordships to be expressly included; especially in this Petition, where the addition thereof would make such a confusion of the whole sense and substance.  
The King's Sovereign Power and Prerogative is always able to save itself: and if it were not, We must, without this additament, save it to Our uttermost powers, if We will save Our Oaths, and save Our Souls. The true state of the cause thus standing between your Lordships and Us, the House of Commons doth not a little marvel, upon what grounds your Lordships are so earnest, to urge upon them this addition to be inserted into their Petition. They nothing doubt but that the same proceedeth out of a solicitude and fear which your Lordships have, lest otherwise the simple and absolute passage of this Petition might be construed hereafter in prejudice of his Majesty's Sovereign Power. And this your Lordship's solicitude and fear proceedeth from your love (as the Poet saith)  
Res est soliciti plena timoris amor.  
But I humbly pray your Lordships to examine with Us the grounds of this your solicitude and fear: which grounds needs must be laid either upon the words of the Petition, or the intention of the Petitioners.  
Upon the words there is no possibility to lay them; for therein is no mention of the Sovereign power. And were the words doubtful, as thus, We pray the like things be not done hereafter under pretext of your Majesty's Sovereign power; yet in respect of the protestations preceding concomitant and subsequent to the Petition, such doubtful words ought reasonably to be interpreted, only of such Sovereign power as was not appliable to the cases wherein it was exercised, not of such Sovereign power that should be justly practised. But there are no such doubtful words, and therefore it followeth, that your Lordship's fear and solicitude must be grounded upon the intention of the Petitioners. Now your Lordships well know, and the House of Commons is not ignorant, that in a Session of Parliament, though it continue as many weeks as this hath done days, yet there is nothing prius & posterius, but all things are held and taken, as done at one time. If so, what a strange collection were this, that at the same time the House of Commons should oblige themselves by a fearful adjuration, to assist & defend all privileges and prerogatives belonging to the King, and at the same time by a Petition (cautelously conveyed) endeavour or intent to divest and deprive the King of some prerogatives belonging to his Crown. If therefore such fear and solicitude of your Lordships can neither be grounded upon the words nor intention of the Petitioners, I humbly pray your Lordships to lay them aside, and as We do believe that the proposition of this addition from your Lordships, was not only excusable, but commendable, as proceeding from your love; so now having heard Our reasons, your Lordships would rest satisfied, that Our refusal to admit them into Our Petition, proceedeth from the conscience of the integrity and uprightness of Our own hearts, that We in all this Petition, have no such end to abate or minish the King's just Prerogative. And so much in reply to that Rational part, whereby my Lord Keeper laboured to persuade the entertainment of this addition.  
This being done, it pleased the House of Commons to instruct and furnish me with certain reasons which I should use to your Lordships, to procure your absolute conjunction with Us in presenting this Petition; which albeit I cannot set forth according to their worth and the instructions given me by the House, yet I hope their own weight will so press down into your Lordship's consciences and judgements, that without further scruple, you will cheerfully vouchsafe to accompany this Petition with your right noble presence.  
The first argument wherewith I was commanded to move your Lordships, was drawn from the consideration of the persons which are Petitioners, the House of Commons; a House whose 
1. à personis petentium.  temper, mildness, and moderation, this Parliament hath been such, as We should be unthankful and injurious to Almighty God, if We should not acknowledge his good hand upon Us, upon Our tongues, upon Our hearts: procured (no doubt) by Our late solemn and public humiliation and prayers. This moderation will the better appear, if in the first place it may be remembered in what passion and distemper many members of the House arrived thither, what bosoms, what pockets full of complaints and lamentable grievances, the most part brought thither, and those every day renewed by letters and packets from all parts and quarters. You know the old Proverb, ubi dolour, ibi digitus, ubi amor, ibi oculus: It is hard to keep our fingers from often handling the parts ill affected; but yet Our moderation overcame Our passion, Our discretion overruled Our affection. This moderation also will the better appear, if in the second place it be not forgotten, how Our Ancestors and Predecessors carried themselves in Parliaments upon higher provocations; less could not serve their turns, but new severe Commissions to hear and determine offences against their liberties; public Ecclesiastical curses or excommunications against the authors or actors of such violations, accusations, condemnations, executions, banishments. But what have We said all this Parliament: We only look forward not backward, We desire amendment hereafter, no man's punishment for aught done heretofore: nothing written by Us in blood, nay, no one word spoken against any man's person in displeasure. The conclusion of Our Petition is, that We may be better entreated in time to come. And doth not this moderate Petition deserve your Lordship's cheerful conjunction ex congruo & condigno? If a worm being trodden upon could speak, a worm would say, Tread upon me no more I pray you. Higher We rise not, lower We cannot descend. And thus much We think in modesty may well be spoken in Our own commendation; Thence to move your Lordships to vouchsafe Us your noble company in this Petition, without surcharging it by this addition.  
Our next argument is drawn à Tempore, from 
2. à circumstantia temporis.  the unseasonableness of the time. The wise man saith, There is a time for all things under the sun, Tempus suum. And if in the wise man's judgement, a word spoken in its due time be as precious as gold and silver, than an unseasonable time detracts as much from the thing or word then done and spoken. We hold (under Your favours) that the time is not seasonable now for this addition. It is true, that of itself Sovereign power is a thing always so sacred, that to handle it otherwise than tenderly, is a kind of sacrilege; and to speak of it otherwise than reverently, is a kind of blasphemy, but every vulgar capacity is not so affected: the most part of men, nay, almost all men judge and esteem all things not according to their own intrinsicke virtue and quality, but according to their immediate effects and operations, which the same things have upon them. Hence is it that Religion itself receiveth more or less credit and approbation, as the teachers and professors are worse or better. Yea, if God himself send a very wet harvest or seed time, men are apt enough to censure divine power. The Sovereign power hath not now for the present the ancient amiable aspect, in respect of some late sad influences, but by God's grace it will soon recover. To intermix with this Petition any mention of Sovereign power (rebus sic stantibus) when angry men say, Sovereign power hath been abused, and the most moderate wish it had not been so used, We hold not seasonable under your Lordship's correction.  
Our next argument is drawn à Loco, We think the place where your Lordships would have this 
3. à Loco.  addition inserted, viz. in the Petition, no convenient or seasonable place. Your Lordships will easily believe that this Petition will run through many hands, every man will be desirous to see and to read what their Knights and their Burgesses have done in Parliament upon their complaints, what they have brought home for their five Subsidies. If in perusing this Petition they fall upon the mention of Sovereign power, they presently fall to arguing, and reasoning, ●nd 〈◊〉 what Sovereign power is; what is the latitude, whence the original, where the bounds, etc. with many such curious and captious questions; by which course Sovereign power is little advanced or advantaged. For I have ever been of opinion, that it is then best with Sovereign power, when it is had in tacit veneration, not when it is profaned by public harangues or examinations.  
Our last argument is drawn from Our duty 
4.  and loyalty to his Majesty, in consideration whereof We are fearful at this time to take this addition into Our Petition, lest We should do his Majesty herein some dis-service. With your Lordships, We make the great Council of the King and Kingdom: and though your Lordships having the happiness to be nearer his Majesty, know other things better, yet certainly the state and condition of the several parts for which We serve, their dispositions and inclinations, their apprehensions, their fears and jealousies are best known unto Us. And here I pray your Lordships to give me leave to use the Figure called Reticentia, that is, to insinuate and intimate more than I meant to speak. Our chief and principal end this Parliament, is to make up all rents or breaches between the King and his Subjects, to draw them and knit them together from that distance, whereof the world abroad takes too much notice, to work a perfect union and reconciliation. How improper and unapt at this time this addition would be in respect of this end, We cannot but foresee, and therefore shun it; and do resolve, that it is neither agreeable to the persons of such Counsellors whom We act, nor answerable to that love and duty which We owe to his Majesty, to hazard an end of such unspeakable consequence, upon the admittance of this addition into Our Petition, whereof (as We have showed) the omission at this time, can by no means harm the King's Prerogative, the expression may produce manifold inconveniences. And therefore since the admittance of your Lordship's addition into Our Petition, is incoherent and incompatible with the body of the same, since there is no necessary use of it for the saving of the King's Prerogative, since the moderation of Our Petition deserveth your Lordship's cheerful conjunction with Us, since this addition is unseasonable for the time, and inconvenient in respect of the place where your Lordships would have it inserted: and lastly, may prove a dis-service to his Majesty:  
I conclude with a most affectionate prayer to your Lordships, to join with the House of Commons in presenting this Petition unto his sacred Majesty, as it is, without this addition.  
FINIS.