Some Sober INSPECTIONS Made into the CARRIAGE And consults Of the Late Long-Parliament, Whereby Occasion is taken to speak of PARLIAMENTS in former Times, and of MAGNA CHARTA, With some Reflexes upon Government in general. Cupio ut rectè Capiar. London, Printed for Ric. Lownds, at the White lion in St. Paul's Churchyard near the West-end, 1656. To His highness The Lord Protector. My Lord, AMong the multitude of mighty achievements which your highness hath performed so much to the astonishment of Mankind, The Dissolving of the late Long Parliament may well deserve to be ranked in the numb: For thereby your highness Hercules-like, may be said to have quelled a Monster with many heads; such a Monster that was like to gourmandise and Devour the whole Nation, as will appear in the ensuing Discourse, which though small in Bulk, yet the Subject matters is of the greatest Concernment (otherwise I had not ventured on so high a Dedication) for it treats of the power and practise of English Parliaments in former times, with the first Rise of the House of Commons, and of Magna Charta, &c. which will be found to have had but hard births. There was matter enough to have compiled a far greater volume, but I have wooned it upon a small Bottom, in regard that besides my natural hatred to superfluities and circumlocutionss; I would not be so unmannerly as to hold your highness too long, who have suca world of high businesses perpetually in your thoughts. One thing I humbly promise your highness, that the quotations here produced (whereof there are many) are all true, and extracted out of authentic Records, but what consequences soever are drawn from them, the Judgement is still reserved for your highness, Endernier resort. There is a memorable saying of Charles Martell in that mighty Revolution in France, when he introduced the second Race of Kings, That in the pursuit of all his actions, he used to say, that He followed not the Ambition of his Heart, as much as the Inspirations of his Soul, and the designs of Providence: This may be applied to your highness in the Conduct of your great Affairs, and admirable successes. So craving pardon for this high presumption, and the boldness of the Subject, for which I humbly beg your protection, I rest in the lowliest posture of obedience At your highness' command I. H. To the Knowing READER Touching The Method of this Discourse. THere are various ways for the conveyance of knowledge to the understanding, and to distil it by degrees into the cells of human brain; It may be done either by a downright Narration and continued Discourse; or by Allegories, emblems, and Parables; Or by way of Dialogue, Interlocutions and Conference; The first, is the Easiest and most Usual way; The second, is the most Ingenious and Difficult; The last the most Familiar and Satisfactory; When one doth not only inform but remove, and answer all objections and queries that may intervene all along in the pursuit of the matter. It is the mode and method of this Treatise, which discoursing of the affairs of England, proceeds by way of Colloquy twixt Philanglus and Polyander: The first a good Patriot, and great lover of the English; The other a person who had seen much of the world abroad, and studied men, as both their names do intimate. Conveniunt Rebus Nomina saepe suis I. H. Some Inspections made into the carriage and Consults of the late long parliament, &c. In a Colloquy twixt Philanglus and Polyander. Gentle Sir, Philanglus. HOw glad am I to see you so well returned to England after so long a separation, having breathed air under so many diffe●ing Climes, conversed with Nations of so many differing complexions, and made so many hazardous voyages and itinerations both by land and Seas, as I understand you have. Polyander. 'Tis true, there is a kind of hazard that hovers over our heads wheresoever we pass in this transitory incertain world, the Morning cannot presage what the Evening may produce, some odd thing may happen twixt the cup and the lip; but the danger of foreign travel, or peregrination is nothing so great as 'tis commonly apprehended; one may travel all Europe with as much security and accommodation as any part of England; one may go from Calis to Constantinople, as safely as from Bristol to Berwick; one may pass from Vienna to Venice, from Paris to Prague, from Madrid to Magdenburgh, as securely as from London to Lancaster, or from Saint David's head to Dover; 'Tis true, that before Negotiation and Commerce made mankind more communic●ble, it was an uncouth thing to travel, or make removes far from home; In this Island, not an age since, if one were to make a journey from Wales to London, much more from London to France, it was usual for him to make his last will; but now the world growing still more populous and people more sociable by mutua▪ traffic; and knowledge of languages, the case is altered; In my whole ten years' travel, I thank my Creator, I never rancounterd any danger or difficulty, but I might have met with the like in England; if one observes these three small Imperatisses, audi, cerne, tace, hear, see, and be silent, he need no other passport to travel the world; But dear Sir, now that I am returned to breathe English air again, I hold it one of the best welcomes to find you so well after so long an absence, and I embrace you with both my arms, giving you a thousand thanks for the fair respects, and literal correspondence you kept with me while I wandered abroad, for it was my greatest comfort. Philanglus. Sir, you teach me what I should say to you in this point, but truly you should have had a more frequent account of matters here, but that of late years it hath been usual to intercept and break up letters, which is a baser kind of burglary then to break into one's house, or chamber; for this may be a plundering only of some outward pelf, or baggage of fortune, but he who breaks open one Letters, which are the Ideas of the mind (as is spoken elsewhere) may be said to rifle the very brain, and rob one of his most precious thoughts, and secretest possessions: But Sir, now that I have the happiness to re-enjoy you, what do they say abroad of these late revolutions in England? Polyander. They say that the English are a sturdy, terrible and stout people, that the power and wealth of this Island was never discovered so much before both by Land and Sea, that the true stroke of governing this Nation was never hit upon till now; Politicians new and old have beaten their brains, and shot at rovers in writing of divers sorts of Governments; but the wisest of them concur in this opinion, that there is no Government more resembling Heaven, and more durable upon Earth, or that hath any certain principles but Monarchy, and such a Monarchy that hath an actual visible Military strength to support itself, and not only to protect, but to awe the people. Aristotle in his politics speaks of sundry species of Governments, he writes of Monarchy, Aristocracy, Democracy, Oligarchy, and S●ratocracy, (as the Greek tongue hath a faculty above all others in compounding names for things;) but he is irresolut to determine what Aristocracies are truly perfect, he hath only this one positive assertion, that Aristocracy allows no Aritificer to be a Citizen or Counsellor; Much of his discourse is of the first Founders of commonwealths, as Phaleas of the Chalcedonian, Hippodamas of the Milesian, Lycurgus of the Lacedaemonian, Minos of the Cretan, and Solon of the Athenian; then he proceeds to correct the errors of commonwealths before he tells us what a commonwealth is, which is (under favour) an irregularity in method. In his first book he speaks only of the parts of a City, or Common-weal, but he tells us not what they are till he comes to his third Book, where in handling the kinds of Government in general, he flies backward and forward in a disorderly way; but when he comes to treat of particular forms, he is full of contradiction and confusion; in some places he seems to deny any natural right and public interest, (much more any underived Majesty) in the people, whom he saith to be little inferior to beasts; whereas elsewhere he affordeth a liberty to every City, to set up either by force or cunning what government they please, which in effect is to allow men to do what they list if they be able: But at last he confesses that after Kings were given over in Greece, commonwealths were made of them who waged war, and that all power was summed up in the Government of an Army, which is pure Stratocracy, or Military Government. Philanglus. We cannot blame this great Philosopher to rove herein up and down, it being impossible for any human brain to prescribe any certain and infallible universal rules of Government that may quadrat with the nature of all climes, and be applicable to the humours of all people; all other Arts and Sciences have apodictical, and undeniable principles, but the Art of Government hath no such maxims; the reason is the various dispositions of people, and a thousand sorts of contingencies that attend worldly affairs; it is, you better know than I, one of the main principles of policy in France to keep the peasant (which is the gross of the people) still indigent and poor, because they are of such a volatile instable nature, that if they were rich and fed high, wealth and wantonness would make them ever and anon to be kicking against Government, and crying out for a change, whereas this principle of policy is held to be a paradox in Spain, and other countries. Some Nations are so fiery mouthed, that they must be rid with a bit, if not a Martinghal, but a snaffle will serve others: nor are the same laws fit for the Continent, that are proper for an Island, nor those of a maritime Continent fit for a Mediterranean country. Polyander. I concur with you there is no Art so difficult, and fuller of incertainties, as Hominem homini imperare, as the art for man to govern man, which made one of the deepest Statesmen these modern times afforded to confess, that though he had served so many apprenticeships, and been a Journeyman so long in this Art, and reputed a Master, yet he found himself still a Novice: For State affairs as all sublunary things, are subject to alteration, the wisdom of one day may be the foolishness of another, and the week following may be Schoolmistress to the week before in point of experience, which is the great Looking-glass of wisdom, and Policy. Therefore whereas Aristotle useth to be constant to himself in all other Sciences while he displays the operations and works of Nature, when he comes to treat of human government, he is not only often at a loss, and inconstant to himself, but he involves both himself and the Reader in ambiguities. Philanglus. I am of opinion that there is in policy but one true universal maxim, which is, as you said before, to have always a standing visible effective power in being, as well to preserve, as to curb a people; and it is very fitting they should pay for their protection, it being a rule all the world over, and grounded upon good reason, Defend me, and spend me. Polyander. It is so indeed everywhere; how willing is our confederate the Hollander, so he be protected in his trade, to part with any thing, to pay tols for what he hath either for back or belly; he is content to pay for all beasts sold in the Market the twelve part for Excise, six shillings upon every Tun of Beer, two stivers a week for every milch Cow, six pence upon every bushel of Wheat, and so upon all other commodities: The States of Italy do more, in Florence, and the republic of Venice, (which hath continued longest, and with least change in point of Government of any Country upon earth) there's not a grain of Corn, not a glassful of Wine, oil, eggs, Birds, Beasts, Fish, Fowl, yea, grass, Salt, and salads, but pay a gabelle for the common defence, nay the courtesans cannot make use of their own, but they must contribut to maintain twelve galleys. But Sir, now that I have been absent so long, I pray be pleased to tell me something of the proceedings of the late long parliament, and of this mighty revolution; for I find such a kind of transposition of all things in point of Government, that England may be said to be but the Anagram of what she was. Philanglus. There is a periodical Fate, that hangs over all Governments, this of England may be said to have come to its tropic, to a posture of turning; The people extremely longed for a parliament, and they had a long parliament, for it lasted longer than all the parliaments that ever were in England since the first institution of parliaments, put them all together; there was never such an Idol upon earth as that parliament, for people thought there was an inerring spirit tied to the Speakers chair, they pinned their salvation upon it, it was held blasphemy, and a sin against the holy Ghost to speak against it, nay some gave out that that blessed parliament was as necessary for our Refromation, as the coming of Christ was for our Redemption; such a sottish kind of infatuation had seized upon some kind of people. Polyander. But what did that parliament do tending to the public Reformation? Philanglus. What did they do? They were like to undo all things, had they sat longer, which they had done till doomsday had they been let alone, and their Posteriors never ached; 'Tis true, they were somewhat modest at first, but by the lenity of a credulous easy King, they did afterwards monstrous things. They assumed to themselves all the Regalia's of the Crown, they seized upon Sword, Great Seal, and sovereignty, upon the Militia, and all the marks of Majesty, nay, they did arrogate to themselves the Legislative and Supreme power. Polyander. But doth not the Supreme Power reside ●n the English parliament, which is an Epi●ome and Representative of the whole Nation? Philanglus. I will not resolve you in that, till I acquaint you with the Pedigree, & primitive institution of parliament, which I will endeavour to do as succinctly as I can, but in regard that our parliament was erected at first in imitation of the Assembly of the three Estates in France, in which Government you are so well versed, I pray do me the favour as give me a touch of the mode of France in those public Assemblies, and then I shall apply myself to satisfy you touching English, Irish, and Scots parliaments, having in some measure studied the case. Polyander. In France the King's Writ goeth to the bailiffs, Seneschals or Stewards of liberties, who issue out warrants to all such ashave fees and lands within their Liberties, as also to all Towns, requiring all such as have any complaints, to meet in the principal City, there to choose delegates in the name of the Province to be present at the general Assembly. Being met at the principal City of the bailiwick, the King's Writ is read, and so the Delegates are elected and sworn; Then they consult what is to be complained of, and fit to be proposed to the King, whereof there is an Index or Catalogue made, which is delivered to the delegates to carry to the General Assembly: All the bailiwicks are divided to twelve Classes; but to avoid confusion, and to the end there may not be too great a delay in the Assembly by gathering of the voices or suffrages, every Classis compiles a brief, or Book of the grievances and demands of all the bailiwicks within that Classis; then these Classes at the Assembly compose one general Book of the grievances and demands of the whole kingdom. This being the order of the proceeding of the commonalty or third Estate, the like order is observed by the Clergy and Nobility: so when the three books or Cahiers (as they call them) for the three Estates are perfected, than they present them to the King by their precedents in the open great Assemby. The first who presents the Cahiers is the President of the Clergy, who begins his Harang or Oration on his knees, but at the Kings command he stands up and ●o proceeds bareheaded; The precedent ●or the Nobility speaks next in the like manner; But the precedent for the Commons begins and ends his Oration on his knees: whilst the precedent of the Clergy speaks, the rest of that order rise up & stand bare, till they are bid by the King to sit down, and be covered; and so the like for the Nobility; but whilst the precedent for the commonalty speaks, the rest are neither bid to fit, or to be covered. The grievances and demands being thus all delivered at once, and left to the King and his Privy council without further debate or expense of time, the General Assembly of the three Estates endeth, expecting afterwards such a redress to their grievances, as the King and his council shall think fit. Philanglus. These proceedings of France are not much unlike the ancient usage of this kingdom for many ages, when all Laws were nothing else but the King's answers to the Petitions presented to him, and his council, as is apparent by many old Statutes, and the confession of Sir Edwar● Coke; and now to acquit myself of my former engagement unto you, I will impart unto you the manner and power o● the parliaments of Great Britain and Ireland; I confess 'tis more properly the business of a Lawyer, which I am none▪ otherwise than what nature hath mad● me, so, every man is a Lawyer, and 〈◊〉 logician also (who was the first Lawyer) as he is born the child of reason, fo● Law and Logic are merely founded upon reason; This discursive faculty of Reason comes with us into the world accompanied with certain general notions and natural principles to distinguish right from wrong, and falsehood from truth. But before I come to the English parliament, a word or two of the Parlement● of Scotland, and Ireland. In Scotland about three weeks before the parliament begins, Proclamation is made throughout the kingdom, to deliver unto the King's Clerk or Master of the rolls, all bills to be exhibited that Sessions, then are they brought to the King, and perused by him; and only such as he allows are put in the chancellor's hand to be proponed in Parliament, and no others; and if any man in parliament speak of any other matter than is formerly allowed by the King, the chancellor tells him there is no such bill allowed by the King: When they have passed them for laws, they are presented to the King, who with the sceptre, put into his hand by the chancellor, ratifies them, but if there be any thing the King mislikes they raze it out before. The parliament in Ireland is after this manner. No parliament is to be held but at such a season as the King's Deputy there doth certify the King under the Great Seal of the land, of the causes, considerations and necessity of a parliament; The causes being approved of by the King a Licence is sent under the broad Seal of England to summon a parliament in Ireland, provided that all such bills that shall be proposed there in parliament, be first transmitted hither under the Great Seal of that kingdom, and having received allowance and approbation here they shall be put under the Great Seal of this kingdom, and so returned thither to be passed in that parliament; this was called Poining's Act in the time of King Philip and Mary. Having thus given a concise account of the usage of parliament in our neighbour kingdoms, I will now pass to that of England. Every Freeholder who hath a voice in the election of Knights, Citizens, and Burgesses to sit in parliament, aught to know well, and consider with what power he trusts those whom he chooseth, in regard the power of the House of Commons is derived from that trust: Now that which gives authority for the Freeholders to make their election is the Kings Writ directed to the Sheriff of the County, in which is expressed not only the sheriff's duty in point of summoning; but the Writ contains also the duty and power of such Knights, and Burgesses that shall be elected; therefore to know the full extent of the power of parliament, you must have an eye, and observe well the words of the Writ; for the Freeholders cannot transfer a greater power than is comprised in the Writ to those that they appoint their servants in parliament. The Writ being used to be in Latin, few Freeholders, God wot, understood it, or knew what they did; I will faithfully render the said Writ to you in English. The King to the Viscount or Sheriff, Greeting. WHereas by the advice and assent of our Council, for 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 enjoin you, that making Proclamation at the next County Court after the receipt 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 discreet●r and most sufficient, to be freely and indiffer●ntly chosen by them who shall be present a● such Proclamation, according to the tenor of the Sta●utes in that case made and provided; And the ●ames of the said Knights, Citizens and Bur●esses so chosen to be inserted in certain In●entures to be then made between you and those ●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 a●ores●id and the Citizens and the Burgesses for themselves and the Commonalty of the said Cities and Bor●ughs may have severally from the●● full and sufficients power to do, and to consent to those things which then by the favour of God shall there happen to be ordained by the Common Council of our said Kingdom concerning the business aforesaid so that the business may n●t by any mean●●●main undo● for want of such power, or by reason of the improvident election of the aforesaid Knights, Citizens, and Burgesses; But we wil● 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 sai● Election, being made in a full County Court▪ You shall certify without delay to us in our Chancery under your Seal, and the Seals of them which shall be present at that Election s●nding back unto us the other part of the Indenture aforesaid affiled to these presents together with the Writ, witness ourselves at Westminster. This Commission or Writ is the foundation whereon the whole fabric o● the power and duty of both Houses o● Parliament is grounded. The first Hour● is to parley or have conference, and to treat with the King; the other house is only 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 supreme 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 only to consent; and Sir Edward Cook to ●rove the Clergy hath no voice in Parliament, useth this argument, that in their Writ also the words are to come thither ad●onsentiendum, to consent to such things as ●ere ordained by the Common Council of the ●ingdom; but the other word ad facien●um, to do, is not in their Writ, action being ●ot so proper for them in regard of their ●lerical functions. Polyander. Then it may be well inferred from what ●ou have produced, that the King with the ●elates and Peers is properly the Common ●ouncil of the Kingdom. Philanglus. Yes without controversy, nor until the reign 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 Regi● Praelatorum, procerumque collectorum, the presence of the King with his Prelates and Peers. Selden also tells out of an old chronicle of the Church of Lichfield, that Kin●Edward by the advice of his Council of Baron● revived a Law which hath lain dorma● threescore and seven years; in the sam● Chronicle tis said, that William the Co●●querer held a Council of his Barons, An. 〈◊〉 Regni sui apud Londinias. The next ye●● after he had a Council of Earls and Baro●● at Pinend●n Heath to decide the great co●troversie twixt Lanfra●t Archbishop 〈◊〉 Canterbury, and Odo Earl of Kent. In the 21. of Edward the third, there 〈◊〉 mention made of a Parliament held 5. 〈◊〉 questoris, wherein all the Bishops of 〈◊〉 land, ears and Barons made an Ordina●●● touching the Exception of the abbey 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 reign there was another Parliament at Rockingham Castle, Episcopis, Abbatibus, cunctisque Regni principibus coeuntibus, wherein the Prelates, Abbots, and all the chief 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 Nottingham, and a while after another at Windsor, than another at Northampton, wherein there is mention made only of Prelates and Peers. Richard the first after him held a Parliament at Nottingham in his fifth year, consisting of Bishops, Earls 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 ploughed land in England; he required also the third part of the service of every knight's 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 convoke● another Parliament of Nobles at Northampton. King John in his first year summoned 〈◊〉 Magnates, his great men to a Parliament a●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 i● Parliament; he had afterwards Parliaments at London, Westminster, Merton, Winchester, and Marlborough; Now these Precedents show that from the conqust unt●● a great part of the reign of Henry the thir● in whose days 'tis thought the Writ 〈◊〉 election of Knights was framed first, the B●rons only made the Parliament or Commo● Council of the Kingdom. Polyander. By so many strong evidences, and prenant proofs which you produce, I find it to be a ●●ridian truth, that the Commoners were no part of the High Court of Parliament in ages passed: Moreover I find in an ancient Manuscript, that the Commons were reduced to a House, by the advice of the Bishops to the King in the brunt of the Barons Wars, that they might allay and lesson the power of the Peers who bandied so many years against the Crown; yet to prevent that they should not arrogate too much authority to themselves, (as Asperius nihil est humili cum surgit in altum) it was done with those cautions th●● they had scarce as much jurisdiction given them as a Pyepowders Court hath, for they should neither exhibit an oath, nor impose fine, or inflict punishment upon any but their own members, or be a Court of Record, or grant Proxies, therefore it may well be a quere how they can appoint Committees, considering that those Committee-men whom they choose are no other than their Deputies, and act by power and proxy from them. But it is as clear as the Sun that the conqueror, first brought this word Parliament with him, being a French Word, and made it free denizen of England being not known before; for therein the Normans did imitate the Romans, whose practice was that wheresoever they conquered, they brought in their language with the Lance as a mark of conquest; I say that besides those instances you produce, I could furnish you with many in the Saxons times who governed by the council of the Prelates and Peers, not admitting the Commons to any communication in affairs of State: There are records hereof above a thousand year old in the Reign of King I a, Offa, and Ethelbert; and the rest of the seven Kings during the Heptarchy, They called their great counsels and Conventions, than Michael smooth, Michael Gemote, and Witenage Mote, wherein the King and Nobles with the Bishops only met, and made laws; that famous Convention at Gratley by King Athelstan was composeed only of Lords spiritual and temporal; such also was that so much celebrated Assembly held by Canutus the Dane, who was King of England, Denmark, and Norway: Edward the Confessor established all his Laws thus, and he was a great Legislator. The British Kings also who retained a great while some part of this Island unconquered, governed and made laws this way by the sole advice of their Nobles whom they call Arglwyded; witness the famous Laws of Prince Howel called Howel Dha (the good King Howel) whereof there are yet extant some Welsh records, and divers of those Laws were made use of at the compilement of Magna Charea. But in your discourse before, among other Parliaments in Henry the third's time, you make mention of one that was held in 55, of his reign, at Marlbourough, at which time Braston the great Lawyer was in high request, being Lord Chief Justice: They that would extenuate the Royal Prer●gative insist much upon a speech of his, wherein he saith, The King hath a superior God, he hath also the Law by which he is made; as also the Court, viz. the Earls and Barons, but not a word of the Commons: But afterwards he doth interpret, or rather correct himself, when speaking of the King, he resolves thus, Nec potest ei necessitatem aliquis imponere quòd injuriam suam corrigat & emen●et, cùm superiorem non habeat nisi Deum, & satis erit ei ad poenam quòd Dominum expectet ultorem. Nor (saith he) can any man put a necessity upon the King to correct and amend his injury, unless he will himself, since he hath no Superior but God: It will be sufficient punishment for him to expect the Lord for his avenge: To preserve the honour of this great Judge, the Lawyers found out this distinction, That the King is free from the coer●ive power of Laws and councillors, but he may be subject to their directive power, yet according to his own will and inclination, that is; God can only compel or command him, but the Law and his Courts may only advise and direct him; but I pray Sir excuse me that I have so much interrupted you in your discourse. You may please now to proceed. Philanglus. To prove my assertion further, that the Commons were no part of the high Court, and Common council of England, I will make use of the testimony of Mr. Pryn, who was in such high repute most part of the late long Parliament, and appeared so eage● for the privilege and power of the lower House: In his Book of Treachery and disloyalty, he proves that before the Norman Conquest by the Laws of Edward the Confessor, the King was to do Justice by the council of the Nobles of his Realm: he would also prove that the Earls and Barons are above the King, and aught to Bridle him when he exorbitates from the law, but not a syllable of the Commons. He further tells us, that the Peers and Prelates have oft translated the Crown from the right Heir, whereof out of his great reading he urgeth divers Examples; First, after King Edgar's decease they crowned Edward who was illegitimate, and put by Ethelred the right Heir: Then they crowned Canutus a mere foreigner in opposition to Edmund the lawful Heir to Ethelred. Harrolld and Hardicanute were both elected Kings successively without just title, the Lords putting by Edmund and Alfred the rightful Heirs. Upon the death of Herold the English Nobility enacted that none of the Danish blood should reign any more over them; Edgar Atheling was rejected by the Lords, and though he had the best title, yet they elected Harrolld. He goes on further in prejudice of the Commons, saying that the beginning of the Charter of Henry the first is observable, which runs thus, Henry by the Grace of God King of England, &c. Know ye that by the mercy of God and Common Council of the Barons of the Kingdom, I am crowned King. Maud the Empress was the right heir, but she was put by the Crown by the Prelates and Barons, and Steven Earl of Mortmain who had no good title, was heaved up into the Throne by the Bishops and Peers. Lewis of France was Crowned King also by the Barons instead of King John, and by the same Barons was uncrowned, and sent back to France. In all these high transactions, and changes, Mr. Pryn confesseth the Commoners had nothing to do the despotical and ruling power as well as the consultative being in the Council of Prelates, and Peers; and if Mr. Pryn could have found half so much Antiquity for the knight's Citizens, and Bourgesses, without question we should have heard from him with a witness; but while he converseth with Elder times, he meets not with so much as the names of Commoners in any record. Polyander. How then came the Commoners to sway so much of late years, and challenge such an interest, in the public 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 compass of the great Council consisting only 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 called to Parliament till that reign 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 kingdom, 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 themselves 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 reign of Henry the first, that the people were admitted to the Common Council of the kingdom, yet they were not constantly called, for though the said King called them to his Coronation, and again in the 15. or 18. year of his reign, yet he did not so always, 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 publicly 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 assumed 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 shall likely be, Our Lord the King hath ordained 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 resident 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 C●mden hath it, that prudent King summoned always 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 wisdom 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 than what the King's 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 domestic quiet, the defence of the marches of Scotland, and security of the Seas from enemies; the Commons were desired their advice herein, but they humbly desired not to be put to consult of things, Queu●ils n'ont pas cognisance. Things whereof they had no cogn●sance. In 21. of the same King, the Commons being moved 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 there●n by the Lords being of more experience than themselves in such affairs. In the 6. year of Richard the second, the Parliament was called to consult, whether the King should go in person to res●● the great City of Ga●nt, or send an Army the Commons being ask●d their advice, the humbly answered by Sir Thomas ●uckerin● their Speaker that the Councils of Wa● did more aptly belong to the King and 〈◊〉 Lords. The next year after the Commo● are willed to advise of the Articles 〈◊〉 peace with France, but they modestly e●cuse themselves as too weak to counsel in ● weighty matters: And being charged agai● as they did tender the repute of the County, and right of their King, the humbly de●ivered their opinions rathe● for Peace then war: such was the moderation and modesty of the house of Commons in former times that they decline● the agitation and cognizance of hig● State affairs, specially foreign, humbl● transferring them to their sovereign, an● his upper Council; a Parliament ma● then, (I mean a member of the Commons House) thought to be the adequ●● object of his duty, to study the welfare to complain of the grievances, and hav● the defects supplied of that place fo● which he served: The burgess of 〈◊〉 studied to find out something that mough● have advanced the trade of Fishing: He 〈◊〉 Norwich what Might▪ have advantage the making of Stuffs: He of Rye, what might preserve their Harbour from being choked up with shelves of sands: He of Taverston, what might have furthered the manufacture of kerseys: He of Suffolk, what conduced to the benefit of clothing: the Burgesses of Cornwall what belonged to their Stanneries, and in doing this they thought to have complied with the obligation, and discharged the conscience of honest men, without soaring to things above their reach, and roving at random to treat of Universals, to pry into Arcana Imperii, and bring Religion to the Bar, the one belonging to the chief governor, and his intern council of State, the other to Divines who according to the erymology of the Word use to be conversant, and employ their talon in the exercise and speculations of holy and heavenly things. Polyander. I am clearly of your opinion touching the two last, particulars; for Secrecy being the Soul of Policy, matters of State should be communicated to the cognizance and deliberations of few, viz. the Governor in Chief, and his Privy council: And touching Religion, I do not see (humbly under favour) how it may quadrat with the calling of Laymen to determine matters of Divinity, and discuss points of Faith. But though the establishment of the House of Commons be a wholesome thing in itself, I heard it censured beyond the Sea, that there is a great incongruity in one particular, which is, tha● the Burgesses are more in number then the Knights of Shires, for the Knights 〈◊〉 Shires are commonly Gentlemen we● born, and bred, and divers of them verse● in foreign governments as well as the Law● of the Land: But the Burgesses of Town● are for the most part all tradesmen, and being bred in Corporations they are more inclining to popular governmen● and democracy: Now, these exceeding th●Knights in number, carry all before then by plurality of voices, and so puzzle the proceedings of matters: But now tha● I have mentioned Corporations, I must 〈◊〉 you that the greatest solecism in the polic● of this State is the number of them, specially this monstrous City, which is composed of nothing else but Corporations which smell rank of little republics 〈◊〉 Hanses; and it was a great error in the last two Kings to suffer this Town to sprea● her wings so wide, for she bears no proportion with the bigness of the Island, but may fit a Kingdom thrice as spacious; she engrosseth and drains all the wealth of the Land, so that I cannot compare England more properly then to a Cremona Goose in Italy. where they have a way to fatten only the heart of the Goose, but in doing so they make the rest of the whole body grow leanand lank: And as it was an error so to suffer her to monopolise the trade and riches of the land, so it was in letting her gather so much strength in exercise of arms, by suffering her to have such an Artillery garden, and Military yard; which makes me think on a speech of Count Gondamar the Spanish ambassador, who being invited by the King to see a Muster of the Citizens in St. Jame's Fields; after they were gone, he was asked by the King how he liked his Citizens of London's? Truly Sir, said he, I have seen a company of goodly able men, with great store of good arms; but, Sir, I fear that these men will do you a mischief one day, for the conceit wherewith they may be puffed up for the knowledge they have in handling their Arms, may heighten their spirits too much and make them insolent: My Master the King of Spain, though there breathes in his Court well near as many Souls as there are in London, and though he be in perpetual War with some or other; yet i● his Court he is so peaceable that one shall see no sign of War at all, he suffers not any armed men to strut under his nose, there is neither Artillery Garden, or Military yard there at all, but only a fe● partisians' that guard his body; therefore, as I said before, these men may do you Majesty an ill turn one day, and whether Gondamar was a Prophet herein or no, judge you. But I pray, Sir, be pleased to dispense with me for these interruptions! give to your former discourse touching Parliaments. Philanglus. Having formerly spoken something of the Original duty and power of the Great council of the Kingdom with the Primitive institution of the House of Commons, I will proceed now to that grand question, Where the supreme Legislative Power resides? Certainly, if we examine the Writs of Summons for both Houses, with the Bodies and Titles of our ancient Acts of Parliament, we shall find the Supremacy and power of making Laws to rest in the King or governor in chief: Now when the Parliament is styled the supreme Court, it must be understood properly of the King sitting in the house of Peers in person, and but improperly of the Lords without him; It is granted that the consultative▪ directive, or deliberativ● pa●er is in the House of Peers, the performing and consenting power, in the house of Commons, but the Legislative powers lodgeth in the person of the King; for Parliaments are but his productions, they derive their being from the breath of his Writs: He as Sir Edward Cook doth positively affirm, is Cap●t, Principum, & finis, He is the head, he is the beginning and ending, the Alpha and Omega of Parliaments. Pol●ander. But some affirm that the legislative power is in the two Houses; and that they are above the King. Philanglus. The difference twixt the King or supreme Magistrate, and the Parliament, is this, that the one represents God, the other the people: 'Tis true, as I said before, the consultative power is in Parliament, and 'tis but by the King's permission, the commanding power resides still in the chief Governor, and is inseparable from him, the results and productions of Parliament, at best are but Bills, 'tis the King's breath makes them Laws, till than they are but dead things, they are like matches unfired, 'tis the King that gives life and light unto them: The Lords advise, the Commons consen●, but the King ordains; they mould the Bills, but the King makes them Laws, therefore they are ever after called the King's Laws, the King's judgements: The Lords, &c. have the Indicatif part, but the King the Imperatif: the liberties also of the people flow all from him, for Magna Charta begins thus, Henry by the grace of God, Know ye that We of our mere and free will, have given these liberties: in the self same stile runs Charta de foresta. The Statute of Marlborough. 52. Henry the third, runs thus, The King hath made these Acts, Ordinances, and Statutes which 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 prohibitet●s that none do ravish, or take away by force any Maid within age. 6. Edward the first, it is said, our sovereign 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 shall 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 l●vatis, the King's words are, We intending to provide remedy in our Parliament have ordained, &c. 28. Edward the first, The King wills that the chancellor, and the Justices of the Bench shall follow him, so that he may at all time have some near 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 Earls. Barons, and Nobles by that consent hath ord●ined. The Stat●●e de Tallagio speaks in the King's person no Officer of ours, no ●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 Carlisle saith. We have sent our command in writing firmly to be observed. 1. Edward● 3. begins thus, King Edward the third, At the request of the commonalty, 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 establ●sh●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 council being there, hath ordained, &c. In the 10 year of the same King it is said. Because our Lord the King hath received by the complaints of the Earls, Barons, also at the showing of the Knights of the Shires, and the Commons bytheir Petition, in his Parliament, &c. hath ordained 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 ●Ric. ●. 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 seventh's 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 turned to the King, and not to the Commons. The Petition begins thus, To the right Worshipful Commons in this present Parliament assembled, shows to your discreet wisdoms the Wardens of the Fellowship of the Craft of Upholsters within London, etc But the conclusion is, Therefore it may please the King's highness by the advice of the Lords Spiritual and Temporal, and his Common i●● Parliament, &c. Thus it appears that in our forefather's days it was punctually expressed in all laws that the Statutes and Ordinances were made by the King: And withal, it is visible by what degrees the styles 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 ordainin● laws, nor do we meet with at first so much as the assent or advice of the Lords mentioned. Nay, if one cast hi● eye upon many Statutes of those that be of most antiquity, they will appear to be no other things but the King's 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 King's mere will and pleasure, as if there were no other law at all, witness these precedents. 3. Edward the first, the ninth Chapter saith, That Sheriffs, Coronets and bailiffs for concealing of Felonies shall make grierous fines at the King's pleasure. Such as shall be found culpable of ravishing of women shall fine at the King's pleasure. The penalty for detaining a Prisoner that is mainpernable is a fine at the King's pleasure. Offenders in Parks or Ponds, shall make fines at the King's pleasure. Committers of Champarty, and Extortioners are to be punished at the King's pleasure. Purveyors not paying for what they take shall be grievously punished at the King's 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 King's Will. If a Goldsmith be attainted, for not assaying, touching and working vessels of Gold, he shall be punished at the King's pleasure. There is a notable saying declared in the 8. year of Henry the fourth, viz. potestas princip●s non est inclusa legibus, the Power of the Prince is not curbed by law. In the 2. year of Henry the fifth, there was a Law made, wherein there is a clause, that it is the King's Regality to grant or deny such Petitions as he please. 6. Henry the sixth, an Ordinance was made to indu●e as long as it should please the King. Now for further proof, that the legislative power is in the King, or Supr●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, 'tis easy to judge who makes the Acts: Moreover Sir John Gla●vil affirms, that in former times the way of Petitioning the King, was this: The Lords, and Speaker either by words or writing preferred their Petition to the King, (which was afterwards called a bill) which Petition being received 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 always acknowledged for Laws, and Statutes. The Statute called the Statute of Ireland, dated at Westminster, 9 Feb. 14. Hen. the third, was nothing else but a Letter of the King's 〈◊〉 Gerard son of Maurice Justicer of Ireland 'Tis 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 easy matter to put a difference twixt a Proclamation and a Statute; or twixt the King's Privy Counsel, and his Common Counsel of the Kingdom. In the Statute of Westminster 'tis 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 himself, and by his council, 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 sovereign 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 King's Council, I mean his Privy Council, it hath been always of great authority, and extremely useful in the public government of the commonwealth, 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 faciendum & recipiendun 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 council Table of the Kings, upon the complaint of Elizabeth Audley commanded James Audley to appear before him and his council, where a controversy was determined between them touching land contained in her jointure. Henry the fifth, in a suit before him and his council for the titles of the manors of Serre, and Saint Laurence in the I'll of Thanet in Kent, sent order for the profits to be sequestered till the right were tried. Henry, the sixt, commanded the Justices of the Bench to stay the arraignment of one Varney in London, till they had commandment from Him, and his council. Edward the fourth, and his Privy council heard, and determined the cause, of the Master, and poor brethren of St. Leonar's in York, complaining that Sir Hugh Hastings and others, withdrew from them a great ●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 council commanded that: Margery and Florence Becket should su● 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 King's Council, and it was pleaded at the common Law in ba● 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 consu●● with the King's Privy Council. In the case of Adam Brabson who was assaulted in the presence of the Justices of assize at Westminster, the Judges would not proceed without the advice of the King's Privy Council. Green and Thorp were sent by the Judges to the King's 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 King's 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 council of the Kingdom, yet the ordinary way of government was by the King or sovereign Magistrate, and his council of State: for the great council (without disparagement) may be called the production of the Privy council, witness 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 privileges it hath. Philanglus. I shall do my endeavour to satisfy 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 supreme 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 justness, of such bills that he is to pass for Laws, because afterward he is to protect them, and his soul lies by oath at the stake for the defence and Safeguard of them; he is also to consult with his learned and Privy council 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 denial. Touching the second point, Sir Edward Coke tells us that parliaments have been utterly deceived, and that in cases of greatest moment, specially in the interpretation of Laws, and in that point the twelve Judges, who are called the Sages and Oracles of the Law, are to be believed before the Parliament, whose office is more to make new Laws, then to expound the old; Parliament● being composed of men may err; Mr. Pryn, as I alleged before, tells 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 should be equivalent to laws. 2. That Queen Elizabeth was illegitimat. 3. That the King in his will might name whom he pleased to be his successor: Besides in less than four years, Religion was changed twelve times in his reign by Parliament. Polyander. Touching the last Act of naming a successor, I have seen a manuscript which makes mention that Henry the eight some 2. years 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 council about it; And whomsoever his Majesty would please to nominate in his last Will, they would confirm and ratify; Whereupon old Harry made a formal Will, which was enroled in the Chancery, wherein (Remembering 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 sixt's time, till Queen Mary, who about the midst of her reign did cancel it. But now Sir, be pleased to pardon this Parenthesis, and resume the thread of your former discourse, in displaying what are the privileges of Parliament which were so much insisted upon, and cried up in the late long Parliament, till they swelled so high, that they swallowed up and devoured 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 used to call that Great Monster) the privilege of freedom from Arrests is the only privilege of Parliament. He cannot or at least, he doth not so much as name any other in his Section of the privilege of Parliament; neither is this privilege so unquestionable and clear 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 duchy were sent by the House to the Lord Keeper, to require his Lordship to revoke two writs of Subpoena's which were served upon Mr. Tho. K●●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 replied as he thought reverently and honourably of the House, and of their liberties and privileges, so to revoke the said Subpoena in that sort was to restrain her Majesty in her greatest power which is in the public 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 duchy upon the Committee for the delivering of one Mr. Hall's man, that the Committee found no precedent for setting at large by the Mace any person in arrest but only by Writ, and that by divers precedents of records perused by the said Committee it appeared that every Knight, Citizen or burgess, 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, unless 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 'tis 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 than is warranted by his Commission, the act is not only invalid but punishable. Now the end and scope of privileges of parliament, is not to give power to do any public 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 comprised 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 public 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 mere gift, and grace of the sovereign Prince, yet in point of treason, felony or breach of the King's 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 King's business, or some public service. Nor could the House of Commons punish any for breach of this their privilege till they had conferred 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 Ferrer the King's servant and burgess of Plymouth going to Parliament, was arrested by process out of the King's Bench for debt; which being signified to Sir Thomas Moyl then Speaker, the sergeant that attended the House was sent to the Counter to demand Ferres, the Officers of the Counter refuse to deliver him, an● giving the Sergeant ill language a scu●●● happened; the Sheriff of London being sent for, took part with the Counte●● and so the Sergeant returned without the prisoner; This being related to the House of Commons, they would sit no longer without their Member, and desiring a conference with the Lords, Sir Thomas A●dly then chancellor, and the rest judged the contempt to be very great, and referred 〈◊〉 punishment thereof to the House of Commons itself. Concerning liberty or freedom of speech which is held another privilege of Parliament; There is a speech of Sir Thom●● Moors upon record, who being chosen Speaker, 14. Henry the eight, He first disabled himself, and then petitioned the King in the behalf of the House, that if i● communication and reasoning any ma●● should speak more largely then of duty be aught to do, all such offences should be pardoned, which was granted and entre● upon record. In which petition it is observable, that liberty or freedom of speech is not a power for men to speak wha● they will or please in Parliament, It is ● privilege only not to be punished, but pardoned for the offence of speaking more largely then in duty they ought to do; which in a right construction must be understood of rash, unadvised, ignorant, or negligent escapes, and slips in speech, not for wilful, malicious, much less for treasonable speeches: And then the King's pardon was desired to be upon record that it might be pleaded at Bar to all actions. There is a speech upon record in Queen Elizabeth's time, wherein the Commons were warned not to meddle with the Queen's Person, the State, or Church-Government. Polyander. I have heard of divers traverses that happened in the reign of that popular and long lived Queen, which trenched as much, if not more upon the privileges of Parliament, and the liberties of the people, than any that happened in the reign of the two last Kings. Philanglus. It is very true, and I will give you some instances drawn from good authentic records: 23. Elizabeth, Mr. Paul Wentworth moved in the House for a public fast, and for a Sermon every morning at seven a clock before the House sat: the House hereupon was divided, 100 were against it, and 150 for it, and so an order passed accordingly; The Queen being told hereof sent a message to the House by her Vice-chamberlain; That her highness had great admir●●tion of the rashness of the House in commit●ing such an apparent contempt of her express command, as to put in execution such an innovation without her privity or pleasure fist known. Thereupon Mr. Vice-chamberlain moved the House to make an humble submission to her majesty, acknowledging the said offence and contempt, and to crave remission for the same, with●●full, purpose to forbear the committing of the like hereafter: So by the suffrage of the whole House, Mr. Vice-chamberlain carried their submission to the Queen accordingly. 35 Elizabeth, Mr. Peter Wentworth, and Sir Henry Bromley delivered a Petition to the Lord Keeper desiring the Lords of the Upper House to be suppliants with them of the Lower House unto her Majesty for entailing the succession of the Crown, whereof a Bill was ready drawn. The Queen was highly displeased herewith, and charged her council to call the parties before them, so Sir Thomas Henage was sent to fetch them; so they were first commanded to forbear going to the House, and not to go out of their several lodgings; afterward they were called before the Lord treasurer, Lord Buckhurst, and Sir Thomas Henage: Wentworth was committed to the Tower, and Bromeley to the Fleet, together with Mr. Stevens, as also Mr. Welsh Knight for Worcestershire. The Queen sent a notable check to the House of Commons 28. of her reign for choosing and returning Knights of the Shire for Norfolk, a thing impertinent for the House to deal withal, and belonging only to the Office and charge of her Chancellor from whom the Writs issue and are returned. In one Parliament, when Mr. Coke, afterwards Sir Edward Coke, was Speaker, the Queen sent a Messenger or Sargeant at Arms into the House of Commons, and took out Mr. Morris, and committed him to Prison, with divers others, for some speeches spoken in the House; Thereupon Mr. Wroth moved the House that they would be humble suitors to her Majesty, that she would be pleased to enlarge those members of the House that were restrained, which was done accordingly; and answer was sent by her Privy council, That her Majesty had committed them for causes best known to herself, and to press her Highuesse with this suit would but hinder the whole good they sought: That the House must not call the Queen to an account for what she doth of her Royal Authority: That the causes for which they are restrained may be high and dangerous: That her Majesty liketh no such questions, neither doth it become the House to search into matters of that nature. The Commons were told 39 Elizabeth, that their privilege was yea and no: And that her majesty's pleasure was, that if the Speaker perceived any idle heads, which would not stick to hazard their own estates, but meddle with reforming the Church, and trans forming the Common-weal by exhibiting Bills to that purpose, the Speaker should not receive them till they were viewed and considered by those who are sitter to consider of such things, and can better judge of them: Moreover, the Queen rejected 48. Bills which had passed both Houses, in that Parliament. The House of Commons by their Speaker 39 Elizabeth, complained of some Monopolies, whereupon the Lord Keeper made answer in her majesty's name, That her highness hoped her dutiful and loving Subjects would not take away her Prerogative, which is the chiefest flower in her Garland, the principal and h●ad Pearl in her Crown and Diadem, but that they will rather leave that to her own disposition. Sergeant Heal said 43. Elizabeth. publicly in Parliament, that he marvelled the House stood either at the granting of a subsidy or time of payment, considering that all we have is her Majesties, and she may lawfully at her pleasure take it from us, in regard she had as much right to all our lands and goods, as to any revenue of the Crown, and he said he could prove it by precedents in the reign of Henry the third, King John, and King Steven. This speech agrees with that which Sir Edward Coke hath in his Institutes, where he saith positively. That the first Kings▪ of this Realm had all the Lands of England in Demesne, and the great manors and Royalties they reserved to themselves, and enfeoffed the Barons of the remnant for the common defence of the Kingdom, There was a remarkable passage happened in the reign of Henry the fourth; The House of Commons Petitioned the King that they might have advice, and communication with certain Lords about matte●● of business in Parliament for the commo● good of the Kingdom, which prayer, as the record hath it. Our Lord the King graciously granted, but with this protestation. That he did it not of duty, nor of custom, but of his special grace. So our Lord the King charged the Clerk of the Parliament, that this Protestation should be entered upon record in the Parliament roll. This the King made known to them by the Lord Say, and his Secretary: who told them that Our Lord the King neither of due, nor custom ought to grant any Lords to enter into communication with them of matters t●uching the Parliament, but by his special grace at this time he granted their request in this par●icular: And the said Steward and Secretary brought the King word back from the Commons, That they knew well they could not have any such Lords to commune with them of any business of Parliament without special grace, and command from the King himself. Polyander. But it is not the privilege of Parliament to examine misdemeanours of Juridical Courts, and Officers of State according to Lex Repetundarum? Philanglus. This cannot be called properly a privilege, for there is not the meanest subject, but hath liberty on just cause to question any Court or Officer, if he suffer by them; yet it hath been esteemed a great favour from the Prince to permit such examinations; for we read that when the Lords were displeased with the greatness of Piers Gaveston, 'tis said, that in the next Parliament, The whole Assembly obtained leave of the King to draw Articles of their grievances, which they did, two whereof were; That all strangers should be banished the Kingdom (whereof Gaveston was one.) The second was, that businesses of State should be treated by the Clergy and Nobles. Polyander. Though the cognizance and debatings of great affairs of State, belong to the high Court of Parliament, yet I have read that oftentimes, the Lords have transmitted such businesses to the King's Privy Council. Philanglus. 'Tis a great truth, and many instances might be produced for proof thereof; among others, when one Mortimer, who styled himself Captain Mendall (otherwise called Jack Cade) came with the rabble of the vulgar, with a Petition to the lower House, the Commons sent it up to the Lords, and the Lords transmitted it to the King's Privy Council to consider of. Polyander. But the granting of Subsidies is a peculiar privilege of the House of Commons. Philanglus. I think not, for it is an unquestionable truth, that Subsidies were raised, and paid before ever the Commons were called to sit in Parliament: The great and long subsidy of Dane-ghelt was without any gift of the Commons, or of any Parliament at all as can be proved▪ Henry the third imposed a subsidy of two Marks in Silver upon every Knight Fee only by the advice of his council. The words of the King when he passeth the Bill of subsidy are observable, which are these: Le roy remercie ses loyaux Subjects, accept lour benevolence, & aussy ainu● le ve●lt, The King thanks his loyal Subjects, accepts of their good will, and also will have it; which last words make the Act of Subsidy a Law to bind every man to the payment of it; In so much that the Parliament cannot impose a penny upon the Subject without the King, nor can the freeholders whom they serve, invest any such power in them. Polyander. I find by the substance of your discourse, that not only all power and grace, but all Parliamentary privileges flow from the concession of the sovereign Prince, and chief Magistrate. Philanglus. Yes, without controversy you know (as a Gentleman wittily observes) 'tis an axiom in Philosophy, quod dat formami. That which gives the form, gives the consequence of the form; The King by his Writ gives the very essence, and form to the Parliament, being the production of his breath, therefore privileges which are but consequences of the form must necessarily proceed from him. In the 21. of King James, a Declaration was sent from Newmarket to the Parliament, wherein he asserts; That most privileges of Parliament grew from precedents, which she wrather a Toleration that an Inheritance, there●ore he could not allow of the stile they us●d to him, c●lling it their ancient and undoubted Rights and Inheritance, but could rather have wished they had said, their privileges were derived from the ●race and Permission of his ancestors and Himself. Thereupon he concludes. that He cannot with patience endure his Subjects to use such Antimonarchical words concerning their liberty, except they had subjoined, they were gran●ed unto them by the grace, and favour of his Progenitors; yes he promiseth to be careful of whatsoever privileges they enjoy by long custom, and incontrolled lawful precedents. At the presentment of the Speaker of the House of Commons to the King upon the first day of Parliament, the Speaker in the name and behoof of the Commons humbly craves, that his Majesty would be pleased graciously to grant them their accustomed liberties and privileges, which petition of theirs is a fair recognition of the primitive grace and favour of the sovereign Prince in bestowing of Privil●dge, and is a shrewd argument against any other title. For our Antecessors would not have been so ceremonious, nor so full o● compliment, as to beg that of grace, which they might have claimed de jure by right: A●d the renewing of this Petition at the beginning of every Parliament, argues the grant to be but temporary. Polyander. This was not the doctrine it seems of the late long Parliament whose privileges flew so high that they ●retopped the ●rerogative; for they drew the reins of all rule and reason into their hands, and left the governor in chief neither of them; And if he chanced to send them any advice or admonition 'twas presently cried up to be breach of p●iviled●e, breach of privilege. But Sir, by the seque● of our former discourse, I find that the High Co●rt or Common Council of this Kingdom was composed at first of Prelates, and Peers; that Parl. is but a modern word, and came in after the Norman Conquest: I find also that the Commons came to be made ● House, and that Magna Charta and Charta de foresta, were not free Spontaneou● grants, but that they were in a manner extorted from Kings in times of necessity and confusion; I find also that the Primitive and ordinary way of Government was the one supreme Magistrate alone and his Council of State, and when he pleased, by the Common Council; But now Sir, I pray be pleased to acquit yourself of the promise you did me the favour to make, of acquainting me with the proceedings of the late long Parliament. Philanglus. To do that, I will deduce matters from the beginning, and to find them our must look North ward, for there the cloud of all our ensuing confusions began to condense first. You know Sir, the Scots Nation were ever used to have their King personally resident among them, and though King James by reason of his Age, Bounty, and long breeding there, with other advantages, drew such extraordinary respects from them that they continued in a good conformity all his reign, yet after his death they were often overheard to mutter at the remoteness and absence of their King▪ and that they should now become a kind of Province truckling under England, by reason of such a distance from the Royal Court: Moreover some of their Nobles and Gentry found not at the English Court, nor at the late King's Coronation in Edinburgh, that countenance, familiarity, benefit and honours which they expected: And 'tis too well known who He was that having got some Wealth in the Swedish Wars, and being denied to be Lorded, took a pet, and went hence discontented to his own Country. These discontented parties tampered with the Mercenary preach-men up and down Scotland to obtrude and hold out to the people what Doctrines were put into their mouths by their Patrons so that the Pulpits everywhere ●ung of nothing but of invectives against certain obliquities and solaecisms, and I cannot tell what in government, and many glances they had upon the English Church. Yet all this while there was not matter enough for an insurrection, nor to dispose the people's hearts to a mutiny, until by the Policy of the said discontented party, the English Liturgy was sent thither. This, by the incitement of those fiery Pulpiteers, was cried up to be the greatest Idol that possibly could be brought into their Kirk; insomuch that when it was first offered to be read, the women and baser sort of mechanics threw stools at the Bishop's head in the Kirk, and were ready to tear them in pieces: And here began the first storm. The King having notice hereof sent a Proclamation, signifying, that whereas he had recommended that Book of Common Prayer to be practised among them, whereby be himself served God Almighty twice a day, he did it only out of a design to establish an uniformity of public Divine Service in all his Dominions, specially in that his native Country. But since it had produced such dangerous effects, he was contented to revoke it absolutely; it never being his purpose to press the practice of the said book upon the conscience of any, for he did only commend, not peremptorily command the use of it. Therefore, he exhorted and required that every one unto whom it had given any scandal▪ should return to his former obedience, and serve God as he was wont, offering therewith a general pardon, and to pass an Act of Amnestia for the abolition of all offence passed. Polyander. And would not this suffice? In natural motions we find that the cause being taken away, the effect ceaseth, and will not this rule hold in civil Actions. Philanglus. It seems this would not serve the turn, but there was a further reach in it, and to take the advantage of fishing in these troubled waters: You know the Scots since their single lion came to quarter with our three, were much heightened in their spirits, more respected, employed and trusted abroad, more elevated in their resolutions and aims, they grew rich, for you have heard of a Silver Mine that reached from Westminster to Edenbrough: And I believe you have not forgot B●ccolinies balance, wherein Lorenzo de Medici was appointed by the Oracle at Delphos to weigh all the States of Christendom, and throwing England into the Scales to counterpoise France, you know how much he made her to weigh less by the addition of Scotland. Polyander. I believe we had been better without this addition, for the union twixt Scotland and England may be said to be a mixture of Vinegar with oil. Philanglus. To resume my discourse, the former Proclamation, though it breathed nothing but grace, would not suffice the Scots, but having an inch given them, they would take an Ell, and nothing would serve their turn but an utter extirpation of Episcopacy, for by trampling the mitre under their feet, they hoped to have some of the Birds Plumes being plucked to feather their own Nests, and they brought their work about: Good Lord, what a deal of dirt was thrown into the Bishop's faces by every rural petty Clerk? what infamous Ballads were sung up and down? what a thick Cloud of Epidemical hatred hung suddenly over them, so far that a Dog with a white neck was called Bishop amongst them. The chiefest contrivers of this uproar, finding their designs to fadge so well, and perceiving the Country to be so eagerly bent against Bishops (and what Artifices and suggestious were used to render them so odious, is incredible.) But finding withal the King unwilling to alter the Government his Father had left him, and to which he had been sworn at his Coronation: They put themselves in Arms, and raised Forces to beat down the mitre with the Sword, if the sceptre would not do it. To the English frontiers they marched with a numerous Army, pretending they came as petitioners, but they brought their Petition upon the pikes point. Hereupon the King raised a Counter Army, and marched as far as Barwick, but some of the great ones about him grew cold in the Action; so a pacification was shuffled up, and I think it was the most dishonourable that ever England made. Polyander. I could have wished two things, that either the King had then given them battle, having the flower of his Nobility and Gentry about him, who understood came with all promptitude and cheerfulness to the service, or else that after the pacification he had with a royal freedom, and a commanding confidence gone amongst them in person to handsel their new Parliament house at Edinburgh, for in all probability this course might have averted those showers and Cataracts of miseries which fell upon him afterwards, but I pray Sir proceed. Philanglus. Hereupon a Parliament was summoned in England, a Parliament do I call it? it was rather an embryo of a Parliament, a kind of Ephemeran thing. In this short sitting the King declared to both Houses the indignities he had received from his Scots Subjects, and therefore he proposed a supply to be made of twelve Subsidies to suppress that rebellion, and in lieu thereof, he was willing to forbear, and utterly to abolish the Ship-money, which he had reason to think legal, being advised thereunto by Noy his Attorney General, who was cried up to be so great a Clerk in the Law, yet he would not rest there, but he advised further with his learned Council of the Sergeants at Law and others who concurred in opinion with No; Nor would he rest there, but he had the approbation of all the Judges si●gly, and afterwards of the major part of all the twelve upon a leisurely debate; this he thought sufficient to induce his conscience to hold the things legal: It was proved that the moneys levied that way were employed to the right use and no other, viz. to the guarding of the narrow Seas, and to preserve the right of his dominion in them (being the fairest flower of his Crown) which was not only discoursed of abroad, but the French Cardinal was over heard to question his right that way. And touching the danger that hung over England he alleged how 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, Dunkirk, hamburgers, and Hollanders, to appear ever and anon in her channel and hard before her Royal Chambers. He declared further, that not one penny of that public contribution came to his private Coffers, or was given to any favourite, but he added much of his own treasure for the maintenance of a Royal Fleet abroad every Summer; yet he was ready to pass 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 chastses 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 straits, 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 domestic serv●n●s did contribute; Among others who were active herein, the Earl of Strafford bestirred himself 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 bedchamber (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 than his own Country, and to invade rather than to be invaded, he got o'er 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 'tis thought he had more friends than foes, for all Presbyterians were his confederates. The King being advanced as far as York, summoned 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 disadvantageous Treaty with the Scot, you may well imagine: So the Treaty began, which the Scot, would not conform himself unto, unless he were first made Rectus in Cur●a, and the Proclamation wherein he was called Traitor revoked, alleging how dishonourable it would be for his Majesty to treat with Rebels. This Treaty was then adjourned to Londo● where the late long Parliament was summoned. 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 called rather as Invitation than 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 convened, the King told them that he was resolved to cast himself and his affairs wholly upon the affection and d●lity of his people, whereof they were the Representatives; Therefore he wished them to go roundly on to close up the Ruptures that wer● made by that infortunate War, and that the two Armies one English, the other foreign, which were gnawing the very bowels of the Kingdom might be both dismissed: Touching grievances of all natures he was ready to redress them, concerning the shipmoney he was willing to pass a law for the utter abolition of it, and to canc●l all the enrolments, therefore he wished 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 counsellors either in White-Hall or Westminster-Hall, either in Church or State, he 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 careful how they shook and d●●jointed the frame of an old settled Government too much, in regard 'twas 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 Archbishop of Canterbury, the Judges, and divers other are clapped up, and the Lord Keeper Finch took a timely flight tother side of the Sea: And in lieu of these, the Bishop of Lincoln is enlarged, Bastw●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 yield 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 strengthening 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 pass the Act of Continuance, which proved so fatal unto him. Polyander. Touching the Triennial Parliament, I heard of a prophetic 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 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 sceptre to the Parliament, for now we may say, that England hath four hundred and odd Kings in her: But 'tis 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. Add hereunto, that the Earl of Strafford was passed over unto them, who after a long costly trial 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, 'tis 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 trial, he applied not himself 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 believe his death was resolved upon before his coming from York, if not by ordinary way of justice, yet by way of public 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 itself to strut up and down both before White Hall and, Westminster Hall, where they cried 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 solemn high Court of Parliament should permit such popular insolences 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 'twas not harkened unto; nay when the King had commanded a double guard of Constables and watchmen (which is the usual way by law) to attend at Westminster Hall, for suppression of such disorders, the Commons cried 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 soldiers 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. 'Tis true, the Scots were dismissed a little after, having fiddlers 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 filled the house of Commons with odd kind of jealousy, therefore they cast about how to prevent the journey: so they did beat their brains night and day about it, so far that they sat 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 filled 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 honours, they made havoc, and divided all the Bishops Lands amongst them; for all which unparalleled Concessions and Acts of grace, as an argument of gratitude, they caused an Act (though already in force) to be published and revived. 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 King's 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 Catholics; Thirdly, for design the English Parliament had to bring the ●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 soldiers, which the King promised by Royal Word and Letter to the King of Spain, who relying upon that employment which was denied them by order from the English Parliament, rather than to beg, steal, or starve, they turned Rebels. Polyander. Indeed, I heard that Act of staying the Irish forces much censured abroad, to the dishonour of the King of England and reproach of the Parliament, considering ho● the Marquis de Velada, and Malvezzi and Don Alonzo de Cardenas, who were all three ambassadors here for the King of Spain at that time, having by dependence 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 settled 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 framed, a work of many weeks, and voted in the dead of night, when most of the moderate and well-minded members were retired to their rest; in which remonstrance, with as much industry and artifice as could be, all the old moats in government were exposed to public view from the first day of the King's inauguration to that very hour. Polyander. How could this agree with the Protestation the House did make formerly to the King, to make him the best beloved that ever was? I thought that before his going to Scotland he had redressed all grievances, by those Acts of Grace you spoke of before. Philanglus. So he had, and he rested not there but complid further with the house, by condescending to an Act for putting down the Star Chamber Court▪ the High Commission Court, the Court of honour, nay he was contented that his Privy council shou●d be regulated, and his Forests bounded, not according to ancient Prerogative, but late custom; nay further, he passed a Bill for the unvoting and utter exclusion of the spiritual Lords from the Parliament for ever: Add hereunto, that having placed two worthy Gentlemen Liev●enants of the Tower, he removed them one after another▪ to content the House, and put in one of their election: Lastly, he trusted them with his Navy Royal, and called home at their motion, Sir I. Pennington who had then the guard of the narrow Seas. Polyander. I never remember to have heard or read of such notable Concessions from any King▪ but how came the Bishops to be so tumbled out. Philanglus. The City rabble were still connived at to be about Westminster Hall, where they offered some outrages to the Bishops as they went into the House; hereupon they presented a Petition to the King and Parliament, that they might be secured to repair thither to discharge their duties according to the Laws of the Land: In which Petition there was a protest or Caveat that no Act should pass, or be valid without them: This Petition, both for matter and form was much excepted against, and cried up to be high Treason, so twelve of the old Bishops were hurried to the Tower; but some of the knowingest Lawyers being considered withal, whether this was Treason in the Bishops, or no▪ they answered, that it might be called Adultery as much as Treason: so after many month's imprisonment, the charge of Treason being declined against them, they were released in the morning, but cooped up again in the afternoon, than they were restored to a conditional liberty touching their persons but to be eternal●y excluded out of the house, which made one of them in a kind of prophetic way, to tell one of the Temporal●Peers▪ my Lord you see how we are voted out of the House, and the next turn will be yours, which proved true. Polyander. I remember when I was at York a Gentleman showed me a fair old manuscript of some things passed in Henry the eighths time: and one passage among the rest sticks in my memory, how Cardinal Wolsie being sick at Leic●ster, the King sent Sir Jo●n Kingston to comfort him: to whom he answered. Oh! Sir John, 'tis too late to receive any earthly comfort but remember my most humble allegiance to the King, and tell him this story from a dying man; The Bohemians repining at the Hierarchy of the Church, put down Bishops▪ but what followed? then the Comunalty insulted over the Nobility, and afterwards the King himself was depo●●d▪ so the government grew a while to be merely popular, but than it turned from a Successive to be an Elective Kingdom; This, said he, will be the fate of Eng. unless the King bear up the reverence ●ue to the Church, and so I pray God that his Majesty may find more mercy at the tribunal of Heaven, than I have upon the Earth; But pray Sir be pleased to proceed. Philanglus. The Parliament having the Navy at their disposing (which they found to be in a good equipage, gramercy Ship money) and having chosen the Earl of Warwick Commander in Chief, notwithstanding the King excepted against him, They demand all the Land soldiers and Military strength of the Kingdom to be managed by them, and to be put in what posture, and under what Commanders they pleased; But the King answered, that he would consider of this, and it was the first thing that he ever denied them, yet at last he was contented to grant them this also for a limited time; but that would not serve the turn: Hereupon growing sensible how they inched every day more and more upon the Royal Prero●ative He thought 'twas high time for him to look to himself: And intending with some of his menial servants only to go to Hull to see a magazine of an which he had bought with his own treasure, he was in a hostile manner kept out, the Gates shut. Cannons mounted, Pistols cocked and leveled at him, and there the King's party said, the war first began. Polyander. A hard destiny it was for a King to lose the love of his subjects in that manner, and to fall a clashing with his great Council: but under favour; that demand of the Militia was somewhat too high: for every natural Prince, and supreme governor hath an inherent and inalienable right in the common strength of the Country, for though the people's love be a good citadel, yet there must be a concurrence of some outward visible force besides, which no Earthly power may dispose of without his command, and for him to transmit this power to any other, specially to any that he mistrusts, is the only way to render him inglorious, unsafe, and despicable, both at home and abroad; you know in the Fable when the Lion parted with his paws, and the Eagle with her talons, how contemptible the one grew among all beasts, and the other among birds. The sceptre and the Crown are but babbles without a sword to support them. There's none so simple as to think there's meant hereby an ordinary single sword, such as every one carrieth at his side, no, 'tis the public Polemical sword of the whole Kingdom, 'tis an aggregative compound sword, and 'tis moulded of Bellmettle, for 'tis made up of all the Ammunition and Arms, small and great, of all the Military strength both by Land and Sea, of all the Forts Castles, and tenable places within and without the whole Country: The Kings of England have had this sword by virtue of their Royal Signory, as the Law faith, from all times, the Prerogative hath girded it to their sides, they have employed it for repelling of foreign force, for revenging of all National wrongs or affronts, for quelling all intestine tumults; The people were never capable of this sword, the sundamental constitutions of this Land deny 〈◊〉 them: 'Tis all one to put a sword in a mad man's hand as in the peoples: Now under favour, the supreme Governor cannot transfer this sword to any other, for that were to desert the protection of his people, which is point blank against his oath and office: but I crave your pardon again that I have detained you so long from the pursuit of your former discourse. Philanglus. The King being so shut out of one Town (I mean Kingston upon Hull) he might suspect that an attempt might be made to shut him in within some other: Therefore be made a motion to the Yorkshire Gentlemen to have a guard for the preservation of his Person in imitation of the Parliament, who had taken a kind of choice Praetoria● band many months before for their safeguard, though without the King's consent: The Northern men came cheerfully to this service; wherewith the Parliament being not well pleased they interdicted all trade to Newcastle. But I must make a step back; when the King was returned from Scotland, he retired to Hampton Court, yet upon the Lord mayor and city's solicitation, he 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 crew of hold sturdy mechanics, mariners, and tarpaulins came from the City, and ruffled again before Whitehall 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 forced 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 impeached before but could get no justice against them in an ordinary way, though he desired the Parliament to direct him in a course how to go on in the impeachment in such extremity, for desperate diseases requiring desperate cures. He took the Palsgrave with him, and making use of the next Coach he met withal at the Court gate, he went to the House of Commons in person to demand five Members, which he would prove to be traitors 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 desired only that their persons might be secured: 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 near into the adjacent Countries, whence the plebeians (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 privilege of Parliament. Polyander. Yet as I observed 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. 'Tis true, the King went in state one day to the Parliament in his behalf, where he cleared unto them the whole business, and because he doubted that Sir Thomas Roe his ambassador 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 join with him in a public Manif●sto. The Parliament did cheerfully approve hereof, praying that Scotland would join with them: The Manifesto consisted of two parts, or protestations, one against all Acts whatsoever that should pass in the Imperial Diet in the prejudice to the Palatine; the other, that the King and Parliament of great Britain were resolved 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 retired to London for refuge, the House having had notice of the design from Marquis Hamilton who was used to reveal unto them whatsoever was intended at Court. Polyander. It may well be said then, that the infortunate King had greater Traitors within doors, than abroad; but it concerned 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 proved against him, yet he scaped 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 killed afterwards upon the same turf of earth where he called the people together) came in great swarms to Town, and joining with the City and suburban rabble. They brought the five Members the next day to the House, in a kind of Triumph, being guarded by water as well as by land by such companions. A little after, sundry Troops of Count●y horse came, and instead of Feathers or ribbons, 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 tell what it was. Philanglus. It consisted of many parts, being penned, and enjoined 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 hono● of the Kin. The third, The privilege and Power o● Parliament. And lastly, the pr●priety and liberty of the Subject. Polyander. Where was the King during all these popular Riots? Philanglus. Rather than expose himself to such indignities, and there being dark whispers of an attempt upon his Person; he retired to Hampton Court. thence to Windsor Castle, whence having accompanied the Queen, and his eldest Daughter to the seaside for Holland, and having commanded the Prince to attend him at Greenwich against his return, the Prince had been surprised, and brought to London, had the King stayed but a quarter of an hour longer: Thence he removed to York, where he sojourned 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 settled 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 loath to be disarmed, and part with his sword: Therefore he put forth his Commissions of Array according to the old Law of England as he alleded, which declares it to be the undoubted Right, and Royal Signory of the King to arm or disar● 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 mixed of Lords and Commons, and I cannot tell how many Rural, and subordinate Committees of mean mechanical men, who stood higher a tiptoe in conventing Lords and Knights before them, than the Parliament members themselves; an Admiral also was sent to sea, against whom the King excepted. Polyander. That was strange, considering how oft the King had complied with them that way, having at their request removed two lieutenants of the Tower, and taken one of their Election, having removed the governor about his son, and taken one of their choice, having removed Sir Thomas Glenham from Hull, and nominated Hotham, &c. Philanglus. The Presbyterians who had brought in the Scots Army before, and were the activ'st men, cried out that the whole Kingdom was like to be ruined by secret Plots and machinations; That there was a design to bring in the Pope, and to cast the civil Government into a French frame, whereof they made the Pulpits to ring up and down; nor did the Pulpit only help to kindle this fire, but the press also did contribute much thereunto, dangers, and jealousies, and a kind of superfetation of fears did daily increase in every corner, — Traduntque metus n●c poscitur Author. As the Poet saith. Polyander. There be sundry sorts of fears: There are conscientious fears, there are panic fears, there are pusillaminous fears, and there are politic fears: The first proceeds from guilt of conscience, which corns oft to frenzy; The second fear may be called a kind of Chimaera, 'tis some sudden surprisal or consternation proceeding from no grounds; Pusillaminous fear makes a Mountain of a molehill, it proceeds from poverty of spirit, and want of courage, and is a Passion of abject, and degenerous minds, and is called cowardice; politic fear is a created forged fear, wrought in another, to bring some design about; And as we find the Astronomers (as is said elsewhere) do imagine such and such shapes and circles in the Heavens, as the zodiac, Equinoctial, C●lur●s, Tropiq●es, and others, though there be no such things really in nature, to verify and make their conclusions good; so the Sta●ist doth often devise and invent imaginary fears to make his proceedings the more plausible, and thereby to compass his ends. Or as the Sun useth to appear far bigger in the morning and evening, then at noon when he is exalted to his Meridian, and the reason the Philosophers use to give is the interposition of the vapours and exhalations, which are in the lower Region of the air, through which we look upon him, (as we find a piece of Silver look bigger in a basin of water, than elsewhere) so the politician useth to cast strange mists of fears, and fogs of jealousy before the simple people's eyes, to make dangers seem bigger. It is observed, that the Torpedo fish▪ when he fears to be catched, useth to disgorge an ●nky ●lack froth, to puddle and darken the water that he may not be seen and so avoids taking; so one trick of a Statist when he goes a fishing after some ends of his own, is to cast out before the eyes of the credulous vulgar strange mists, and apprehensions of fears and dangers, that they may scape in them if need be: But I pray deal clearly with me, was there a design to bring in the Mass again? Philanglus. The Mass? you may say there was a plot to bring in Mahomet as soon, to bring in the Koran or Talmud as soon; yet I believe there was a pernicious plot to bring in a new Religion, but what Religion I pray? it was not Papery but Presbytery, and with it to Usher in Buchanan and Knox and to cast our Church and State into a Scots mould. Polyander. I must tell you indeed that I heard the English much censured, and undervalued abroad, for enslaving, as it were, their understandings and judgements in point of Religion to the Scots, whom we made Christians and Reformed Christians first, and now for us to run to them for a Religion, what a disparagement think you is it? But you spoke before of an impeachment of high Treason; the King had against the five Members, for which he desired only the benefit of the Law, I pray what was that Treason? Philanglus. The main charge of Treason that was intended to be exhibited against them, was the private intelligence, and combinations they held with a foreign nation, and to have been the prime instruments of bringing in the Scots Army, which had done so much mischief to England, and was dismissed upon such inglorious terms, for besides the plunder they got, they had a vast sum of treasure to be gone; which was not the usua● 〈◊〉 that our Progenitors used in dealing with the Scot, for in former times England was 〈◊〉 to pay the Scot his Arrears (when he came to visit her borders) in another kind of metal; viz. with good Iron and Steel, not with Gold and Silver, but she hath soundly revenged herself since, for the insolences of that hungry Nation. But to proceed, The Hierarchy, and English Liturgy being voted down, there was a general liberty given to all consciences in point of Religion; The tailor and shoemaker might have cut out what Religion they pleased; the Vintner and Tapster might have broached what Religion they pleased; the Druggist and Apothecary might have mingled her as they pleased; the Haberdasher might have put her upon what block he pleased; The armourer & Cutter might have furbrished her as they pleased; the Dier might have put what colour, the Painter what face they pleased upon her; the Draper and Mercer might have measured her as they pleased; the Weaver might have cast her upon what loom he pleased; the boatswain and Mariner might have brought her to what deck they pleased; the Barber might have trimmed her as he pleased; the gardener might have lopped her as he pleased; the blacksmith might have forged what Religion he pleased. And so every one according to his profession and fancy was tolerated to form what Religion he pleased, as was observed elsewhere. Polyander. Indeed I was told often beyond the Seas that the Liberty of the Gospel, and the Liberty of the People, were the two things which were mainly aimed at, but how did the war begin? Philanglus. I told you before, that besides other causes the clashing of the Militia, with the Commission of Array, did put all things in disarray throughout the whole Kingdom, many Declarations came from the King, but they were prohibited at last to be published, and the Printers punished. A little after the Parliament voted an Army to take away ill counsellors from about the King's person, and the Earl of Fssex was appointed General, with whom they voted to live and die. Polyander. Me thinks that Lord was not so proper for the service, in regard his Father before him lost his head upon the like occasion for offering to amove ill councillors from about Queen Elizabeth; but I believe he might have a private quarrel of his own with the Court, in that his first wise was Articled, and sentenced away from him, and married to a Scotch man whom he much hated, in King James his time, who made a deep asseveration, that if any thing was amiss in that divorce, he wished it might light upon his own Soul; but I pray be pleased 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 displayed 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 complete 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 forced him to fly with his little confused 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. We your majesty's 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, than the just and faithful performance of our duty to your Majesty and this Kingdom; and being sensible of the great distractions, and distempers, and of the imminent 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 subtle informations, mischievous practices, and ill counsels of men disaffected to God's true Religion, your majesty's honour and safety, and the public Peace and Prosperity of your people. After a serious observation of the Causes of these mischiefs: we 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 tenderness 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 means through God's 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 councillors 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 advice of private men, or by unknown, and unsworn councillors, but that such matters that concern the public and are proper for high Assemblies, which is your majesty's great and supreme Council, may be debated, resolved, and transacted here, and nowhere else, and such as shall presume to do any thing to the contrary, shall be reserved to the censure and judgement 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 public 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, no●t exceeding twenty five, nor under fif●●een; And if any councillor's place happen to be void in the intervals of Parliament, it shall not be supplied without the co●●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 officers 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 shall have any just exception, shall be removed. 5. That no All ●nce of any of the Royal issue, by way of marriage, shall be concluded or treated with any foreign 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 effectual course be enacted to disable them from making any disturbance in the State, or ●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 pleased to consent, that such a Reformation be made of the Church-government, as the parliament 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 pleased 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 pleased to rest satisfied with that course the Parliament hath appointed for ordering the Militia, until the same shall be further settled by ●●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 restored, or have satisfaction for the same, upon the Petition of the Court, whereof he or they are Members. 11. That all Privy councillors and judges take Oath, the form where●f to be agreed upon, and settled 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 be given in charge by the chief judges, 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 ●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 designs 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 enco●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 impeached, in such a manner, that future Parliaments may be secured from the consequence of ill Presi●ents. 19 That your Majesty will be graciously pleased to pass a Bill for restrai●ing Peers made hereaf●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 ourselves to regulate your present revenue in such sort as may be to your best advantage, and likewise to settle such a● ordinary, and constant increase 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 majesty's royal 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 endeavours 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 allegiance. 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 alleged 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 clo●●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 Si●, on. Philanglus. You must think Sir, that one part of four of the Lords were not there, the rest were with the King, who slighting those nineteen Propositions (an unlucky 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 wh●tsoev●r they declare is not to be questioned by ●ing, Magistrate or Subject: That ●n P●●cedents can bound or limit their proceedings: ●at they may dispose of any thing wher●i● King of Subject hath any rig't●forth▪ public good, wherefore they may be Jud●es without Royal Assen: That none of their Members ●ught to be molested or meddled withal for treason felony, or any other crime, unless the cause ● brought b●fore them to judge o● the f●ct: That the S●v●raign power resides in them: That l●vying of war against the command of the King though his person be present, is no l●vying of War against the King, but the levying of War against his politic person and Laws, that is the only levying War against the King. Polyander. It was not the first time that this new kind of metaphysic was found out to abstract the person of the King from his Office, and make him have two capacities private and politic, for the same metaphysic was made use of in Edward the seconds Reign, but it was exploded, and declared by Act of Parliament afterwards to be detestable, and damnable Treason: This were to make sovereignty (by separating it from the person) to be a kind of Platonic 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 assumed to himself to do any thing that implies contradiction. Philanglus. The Parliament or rather the Presbyteria● Army (for the Presbyters sat then at the Helm) increased daily, and things being at such a desperate point, there were two choice Earls (Southampton and Dorset) sent from Nottingham with this pathetic Letter of the Kings to the Parliament. WE have with unspeak●bl grief of heart, long beheld the distraction of this our Kingdom; Our very soul is full of anguish until we may find some re●●dy to prevent the miseries which are ready to overwhelm this whole Nation by a civil War; And though all our endeavours t●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 success we hoped for, yet such is our earnest and constant care to preserve the public peace, that we shall not be discouraged from using any expedient, which by the blessing of the God of mercy may lay a firm foundation of peace and happiness 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 council, which haply may be prevented by some other way of Treaty, wherein the matters in difference may be clearly und●rstood, and more freely transacted, We have thought fit to propound unto you that some sit persons may b●e by you enabled to treat with the like number to be authorized by us, in s●ch a manner, and with such freedo●e of d●bate, as may best tend to that happy co●clusion which ●ll good people desire▪ viz. The Peace of the Kingdom, wherein as we promise in the 〈◊〉 of a King all sa●ety and ●ncouragement to them, who shall be sent unto u●, if ye w●ll choose the place we are to meet for the TREATY, which we wholly le●ve unto you, presuming the like care of the safety of those we 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 p●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 privileges 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, w●e have done our duty so amply, that God will absolve us from the guilt of any of that blood which shall be spilled; And whatsoever opinion other men may h●ve of our power, we assure you that nothing but our pious and Christian care to prevent the effusion of blood hath begot this motion in us: Our provisio● of men, Armies, and Money being such as may secure us from violence, till it please God ●o open the Eyes of our people. Poly●nd●r. What impression did thi● Letter make, for it promised 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 ● motion to go himself 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 reduct●on of Ireland to you, we intended not to exclude ourselves, or not to be concerned 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 practice; 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 ourselves as neither deprived of our understanding, or devested of any right we had, were there no Parliament at all sitting; We called 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 ourselves to your absolute determination; we have always weighed your Counsel as from a body entrusted by us, and when we have dissented from you, we have returned you the reasons which had prevailed with ou● understanding and conscience, and with such candour, 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 rectify our understanding by reasons, and what motives have been given by you to persuade 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 ourself (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 brutish formality, and unprincely simpleness, to assent to every thing without examining our own Conscience and judgement which yet never pleased us more, than when they concurred 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 breast, 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 w●en 'tis 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 Nottingham? 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 wo●ld revoke and annul in the first place those Proclamations, and o●her public instruments whereby their Adherents were declared traitors, u●der which notion 'twas neither honourable for his Ma●esty to t●eat with them, nor were they capable to treat with Him. Polyander. This Doctrine I believe they had learned 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 recall 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 n●ne should be molested or questioned for adhering unto, or assisting the Royal person of the King. This the King desired 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 public Manifesto. WE do engage ourselves not to obey any Orders or Commands whatsoever, that are not warranted by the known Laws of the Land; We engage ourselves and fortunes to defend your majesty's 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 lawful Liberties of the Subjects of England, with the just privileges of your Majesty and the Parliament: And we engage ourselves further, not to obey any Rules, Order or Ordinance whatsoever concerning any Militia, that hath not the royal Assent. To this was subjoined another. We whose na●es are under written, in obedience to his majesty's desire, and ou● of the duty we owe to his honour, and to truth, being here on the place, and witnesses of his majesty's frequent and earnest Declarations and Professions of his abhorring all designs of making war upon the Parliament; And not finding any counsels that might reasonably beget the belief of any such design; We do promise before God, and testify to all the World, that we are fully persuaded, his Majesty hath no such intention, but that all his endeavours tend to the ●●rm, and constant settlement of the true Religion, and the just privileges of Parliament, the Lib●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 droped 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 Sup●rstition; so, unusual voluntary collections were made both in Town and Country; the Seamstress brought in her silver thimble, the chambermaid 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 than 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 earrings, as if some Golden Calf were to be molten and set up to be idolised, which proved 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 engendering, 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 itself through the whole Region, and obscured 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 encounter 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 removed from Nottingham to Derby, and so to Strafford, his forces increased all along; but passing by Chartly the Earl of Essex house, the soldiers hoped to have had some plunder there, but a strict command was given by the Kings own mouth that nothing should be touched, not as much as a Buck, whereat their teeth 〈◊〉 water▪ as they Marched through his Park; So he came to Shrewsbury where the Co● kept above a month, at which time, the Army multip●i'd exceedingly, to near upon ●o M● men, and the Welshmen coming so thic● down the Mountains, did much animate th●English. From Shrewsbury the King took a reso●●tion to remove to Oxford▪ but after seve●● dai●s tiresome march, he understood the Parliaments Army were within six mile of him, so he went out so far to find the● out, and faced them on a Sunday mornin● from Edg● Hil▪ as they lay in Kinton field● where their Colours were displayed: A sight of the Royal Army they discharge some pieces of Ordnance in Defiance so both Parties prepared for battle, a●● the Sun had declined above two hours the afternoon before the Cannons a● 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 battle; Thus a most furious Engagement began, which lasted about three hours, 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 o'er a low hedge lined thick with the enemy's 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 soldiers fallen a plundering too soon, matters might have gone better with the King. Polyander. I heard it reported that this battle 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 battle of Edgehill may be said to be sudden, inexpected, and unpitched, yet for position of ground 'twas fought in as indifferent and a fit place for a battle 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 firelocks, 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 lifeguard 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 garrison 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 battle 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 skirmishes and battles fought, than happened in those last thirty years' wars of Germany, or fourscore years' wars twixt Spain and Holland. Polyander. This shows that the English have still the same old innated valour, that they had when they made the grey Goose wing fly through the heart of France, which made Comines one of their greatest Authors to confe●s, that no Nation is more greedy of battle, and more impatient of delays that way then the English, but how was it possible for the King to subsist so long considering the mighty advantages, the Parliament had of him? Philanglus. There were mighty advantages indeed; For they had all the tenable places, and Towns of strength, both by Land and Sea. They had all the Navy Royal; They had the Tower of London with all the Ammunition and Arms of the Crown; They had the Imposts and Customs, Poundage and Tonnage, they had the Exchequer at their devotion, with the Revenues of King, Queen, and Prince; They had the City of London, which may be called the great magazine of men and money, where there is a ready supply of all things that may feed, cloth, or make them gay and gallant, to put them in heart and resolution. Polyander. Then they had Sea, City and Scot on their side. But how came the Scot to be so against the King, or to levy arms without his Commission, considering the late great Protestations and Oaths they had made not to do it, by reviving the Act of Parliament to that effect▪ which they said they did in recognition of those Royal recent favours, and unparalleled mighty Concessions and Acts of grace, which he had done them by their own Confessions? Philanglus. They were indeed mighty, or rather monstrous Acts of grace that he had passed unto them, which did so trench upon the Royal Prerogative, and so de●ude him of all power that it Might have been said of him ever after, that he was King of Scotland, no otherwise than he was King of France, titular only. Polyander. How did the Scots express their thankfulness to their King and countryman afterwards for such transcedant favours? Philanglus. They proved the greatest Monsters of Ingratitude of any upon earth specially the Kirk-men whom he had obliged in an extraordinary manner; For the King being informed of the mean condition of churchmen in that Kingdom, who by their holy function have a care of the noblest part of man, and being told what poor pittances or rather benevolences one●y they had▪ and for those also how they depended upon the will and pleasure of the Laic By a special Commission to that purpose, he found a way not only to augment but to ascertain those Salaries of Church Ministers upon good firm rent; whereby they might be free from that servile kind of Clientele and Dependency they had upon their secular Patrons. Polyander. Questionless this was a mighty general advantage to the Clergy of Scotland, both in point of esteem and subsistence, but what returns did these royal favours receive? Philanglus. Those foolish Kirk men grew afterwards his greatest enemies by virulent seditious Preachments and Pasquils to corrupt and lessen the hearts of the Subjects towards him nay, when he made himself a Prisoner to the Scots Army at Newark and Newcastle those Kirk-men did so little resent his hard condition, that they did Preach up and down against his coming to Scotland, &c. Moreover, Whereas, The common sort of Freeholders who were bound to pay Tithes to the Impropriation or Lords of the Erection, as they styled themselves, were used to be much incommoded, and oftentimes damnified, because they could not take in their Corn till the secular Lord had fetched away his Tithe, which he would sometimes delay of purpose, to show his Passion or Power, whereby the whole Crop for not taking the advantage of the weather, ofttimes did suffer: The King for relief of the Country Husbandman, appointed certain Commissioners to take this grievance into consideration, who after much pains taken in the business, found out a legal and indifferent way to purchase those Tithes and bring the Impropriator to take a pecuniary set valuable Rent, which was also an advantage to Him, in regard of the certainty of it. Polyander. It was doubtless an advantage to both parties, but how did they carry themselves towards the King afterwards? Philanglus. Just as the Kirk-men did; But you shall hear more, when the King, as I told you before, had in a full Parliament confirmed unto the Scot all the privileges of Kirk and Kingdom, when he had made an oblation to them of all the Bishops Lands, conferred many honours and offices, and done them many other obliging Acts of Grace, and all this gratis, the English Parliaments using always to answer their King's favours in this kind, with a supply of Treasure, I say in having done all this gratis, He before his departure desired them to continue their allegiance, and live in peace, for they had not now the least grievance to complain of, and if any difference should fall out betwixt him, and his English Subjects which he hoped God would avert, He desired them not to intermeddle, for whereas he might expect and demand aid of them if the case required, yet he would not trouble the repose of that his Native country: This they all did not only promise to do, but they did solemnly oblige their Souls thereunto by revival of the Act I told you of before, at the publishing whereof one of their Grandees fell on his knees, and lifting up both his Arms, wished they might rot to his body before death, if ever he would heave them up hereafter, or draw sword against his gid King; yet for all this they intruded themselves into the King's affairs, convoked a Parliament without his summons, sent Commissioners to Oxford, and thrust themselves to be umpires: They made besides, a strict League with the English Parliament, and at last rushed into England again with an Army in the dead of Winter, which Army they had levied not only without, but expressly against the King's Commission and Countermands; that wretch who had publicly vowed never to draw Sword again without his majesty's Commission, &c. coming General of the said Army: But for Martial exploits the little credit that Army got by storming Newcastle was not countervailable to that which they lost before Hereford, where the Welshmen banged them to some purpose from before the Town, and made their General after 9 weeks' siege to truss up his pack and away, sending him a fat Sow with a Litter of pigs after her, and a blue Bonnet upon her head for his Breakfast. I must inform you farther, that the King being reduced to much extremity in Oxford, by cross successes and Councils, he got away in a servingman's disguise to the Scots Army near Newark as his last refuge, which plot was managed by the subtlety of the French Agent then residing here: A man would have thought that Nation would have deemed it an eternal honour to have their own King and Country man to throw himself thus into their arms, and repose so singular a confidence in them upon such an exigent; But they corresponded not with him as he expacted; For though at first when the English Parliament solicited their Dear Brethren for a delivery of the King's Person unto them, their note was then, that if any stranger Prince had put himself so upon them, they could not with honour deliver him up, much less their own native King, yet they made a sacrifice of him afterwards for a sum of money; Whereupon Bellieure the French ambassador being convoyed by a troop of Scots horse to such a stand, in lieu of largesse to the said Troopers he drew out half a Crown piece, and asked them how many pence that was, they answered thirty pence, he replied, for so much did Judas betray his Master, and so hurled them the half Crown. Polyander. But afterwards the Scots carried themselves bravely by sending a gay Army under D. Hamilton to assist the King. Polyander. Touching that Presbyterian Army, the bottom of its design is not known to this day, and I was told, that when the King heard of it, and that Himilton was in the head of it, he should say; Then I expect but little good to be done for me. Polyander. Certainly the routing of that Army, was a glorious exploit of the Lord Protector that now is, his forces not amounting to the third part of the Scots. Philanglus. It was certainly a very heroik Achivement, as also was the battle of Dunbar, where the Scots had greater advantages far of him: which two exploits deserve to be engraven in large Letters of Gold in the Temple of immortality, and transmitted to after ages; For hereby he did more than Roman Emperors, or after them▪ the Saxon, Danish, Norman, and English Kings could ever do, to conquer that craggy Country, and make England Scot-free ever hereafter. But before I have done with this unlucky Nation; I will give you a touch of those visible judgements which have fallen upon them so thick one upon the neck of another in few years more than fell upon the Jews in forty; First there happened the greatest plague in Edinburgh, that ever was in that Country, for in less than a twelvemonth, the Town was peopled with new faces, the Pestilence having swept away almost all the old: There have been above 2000 Witches arraigned and executed there within these few years: After the routing of D. Hamilton, and the battle of Dunbar, with that at Worcest●r, many thousands of that Nation have been bought and sold in quality of slaves to be banished, and sent over to foreign Plantations, what numbers of them were starved, and buried before they were dead; And what is now become of their hundred and ten Kings, and their Crown? which I heard them brag, was more weighty, as having more Gold in it then the English? and for their Government they are reduced to be as pure a subordinate providence, and subject to the will of the Conqueror as ever Country was. Polyander. I must tell you also that they have lost much of their repute abroad; but if I were worthy to be heard by the Lord Protector, I would make a motion that his highness would take in at least, all the Land twixt Barwick and Edinburgh into the English Pale, and impose a new name upon it for an Eternal mark of Conquest, and for enlarging the Skirts of England. But Sir, it is time for you now under favour to return to London, and know what the Paraliment doth. Philanglus. There are all Artifices used to make the King odious, and both the Press and the Pulpit join in the work; new distinctions are coined, that though he was God's ●nynted, yet he was man's appointed; That he had the Commanding but not the Disposing power; That he was set to Rule, but not to over●rule us: That he was King by human choice, not by Divine Charter; That he was not King by the Grace of God, but by the suffrage of the people; That he had no implicit trust or peculiar property in any thing, that populus ●st potior Rege, that Grex Lege, Lex Rege potentior; That the King is, singulis major, but universis minor. Lastly, that he was but a Creature, and production of the Parliament● &c. Moreover all Artifices are used to raise money: The first way that the Parliament used (after a Royal Subsidy of 400000 l.) was to poll us, than they went on to clip and shave us, and had they continued longer, they had fallen a fl●ying of us: They lighted on no less than twenty several ways to get money above board, whatsoever they got below. Polemoney, and the Royal Subsidy were the first two. 3. Free Loans and Contributions upon the public Faith, which swelled to an incredible sum, 4. The Irish Adventures for sale of Lands. the first and second time. 5. The general Collection for relief of the distressed Protestants in Ireland, to which use the Hollanders sent over in money and Corn, near upon 50000 l. and the E●glish Collections came to near four times so much, so that in all, both Collections amounted to above 200000 l. sterling, and yet not ten thousand pound, not the twentieth part was employed to the right use. 5. They grew so hungry for money, that they imposed the weekly meal. 6. The City Loan after the rate of five Subsidies. 7. A particular assessment for bringing in our dear Brethren, the Scots. 8. The five and twentieth part. 9 The weekly Assessment for the Lord general's Army. 10. The weekly assessment for Sir Tho. Fairfax Army. 11. The weekly assessment for the Scots Army. 12. The weekly assessment for the British Army in Ireland. 13. The weekly assessment for the Lord of manchester's Army. 14. The Kings, Queens, and Prince's Revenues. 15. Sequestrations and plunder by Committee. 16. Compositions with Delinquents, and fines, which came to sums passed all understanding 17. That ●utch Devil the Excise. 18. Fortification money. 19 Bishop's Deans and Chapters Lands. To this may be added the Ship Sancta Clara, valued in money and merchandise at 800●0 l. sterling, which was detained at Southampton for reparation of those damages that some English Merchants had received by the Spaniard, as it was declared in the House, but not a farthing thereof was employed to that use, notwithstanding that many with expense of time and coin did solicit for the same; and lastly, the household stuff of the King, Queen, Prince and others; whereof some small proportion was allotted for payment of the Arrears of the King's poor Servants; but they were to advance two in the pound be forehand before they could be admitted to any dividend, and 'tis incredible what juggling there was used in that business, for some received nothing thereby but loss upon loss: Nay they took away moneys given to repair Churches, and in some places robbed the very Lazaretto. Polyander. Sure, these vast sums must amount to a huge mass of money, money enough to have pourchased half a dozen Kingdoms instead of purging one. Touching that Du●ch devil you speak of, the Excise, I remember Sir Dudley Carleton when he was Secretary of State did but name it in one Parliament, and it was such a Bugbear abominable word, that he was called to the bar, and hardly escaped going to the Tower, though he made use of it to no ill sense; But was there no account given of these public Erogations and taxes? Philanglus. An account was often voted and promised, but never performed; for than they should have discovered how much their own memberships had swallowed for their private interest of the public treasure, by free gifts among themselves, and the perquisites of gainful offices. Polyander. But we heard beyond Sea, that they had passed a solemn Ordinance of 〈◊〉 o● self-abnegation, called the self-de●ying Ordinance, whereby they made themselves incapable of Offices, and other things of gain. Philanglus. 'Tis true there was such an Ordinance, and 'twas thought it passed principally to remove Essex from the Generalship, whom they began to suspect, but nothing was afterward less observed. Polyander. I heard you speak of money's borrowed upon the public Faith, I pray how were those reimboursed? Philanglus. It was the first●time that public Faith did ever set up for herself, and she quickly grew to be a Bankrupt; And never was there such double dealing used by any public Assembly; For when the Lenders upon that public Faith came to demand their money's, They could not have them, unless they doubled the first sum, together with the interest they had received, and then they should have the value in Church or Crown Lands, but if they doubled not both interest and principal, they should not be capable to have any La●ds allowed for their money's; Divers to my knowledge have ruined themselves hereby, and though they clamor'd, and spoke high language at the Parliaments door, and were promised satisfaction, yet they could not get penny to this day. Poliander. I heard this cried up abroad to be the arrant'st Cheat that ever was done by a great Counsel, and one of the foulest blemishes that England could receive, by making her forfeit her faith in that manner. Fides publica, Fides Punica. I heard likewise of divers Interlopers, that for half a crown in the pound were used to buy the public Faith Bills, as others drive on a trade to buy the Soldiers debentures. But whereas we have spoke a little of that Dutch Devil the Excise, we heard abroad of a Scotch Devil also, though of an other nature, that was risen up amongst you, which was the Covenant; I pray how was he conjured up? Philanglus. That Covenant was conjured up by the Presbyterian party, and, may be called a worse devil than the Excise for the one tyrannised o'er the purse, the other o'er the Conscience; But what an unmanly and dishonourable thing was it for the English Nation to bind their souls for conserving the Religion of another foreign people inferior to them▪ for conserving the Doctrine, discipline, and Government of that Church which not one En●lish man in a thousand did understand, and yet every one must take the holy Covenant by a blind implicit Faith? But now that we have fallen upon the Covenant which may be said to be an engine ●org'd in Hell for battery of the Conscience, I will tell you of an odd passage that happened about that time; There was one Ma●ter Heron a Printer, who being sent for by the Lady Tilbury, she told him that now that there is a national Covenant come forth, which every one must taste, she had a Sermon in a fair manuscript of that great light of the Church Master Brightman which treats of univers●l Coven●n●s, how far they are agreeable to Scripture, and consonant to the Word of God, and it had been preached before the House of Commons thirty years before, therefore it would be now very seasonable to print and publish it; The Printer giving her Ladyship many thanks, received the Sermon, (which she avouched upon her honour to be a true Copy) and undertook the business, so he went to him who was appointed by the Synod to licence for the Press pieces of that nature, to get an Imprematur, but the Syododcall man having kept the Sermon above three days by him, the Printer went for his Sermon and found it formally licenc'd for the Press, but most pitifully falsified, interlin●d and adulterated in many places; For whereas the opinion of Brightman throughout the whole Sermon, was, That a N●tionall and general Covenant was agreeable to the Word of God, Provided, the K●ng did give his royal assent thereunto, without w●ich it w●s both detestabl● and d●mnable; The holy synodical man had expunged the word King everywhere, and foisted in the room of it, sometimes the word Parliament, sometimes the trusties of the Common wealth; The Printer having perused the interlinations told him, that were he to get 1000 l. by printing that Sermon, he would not be so arrant a Knave as to wrong the Dead so much, by making him speak what he never meant, nay things qu●te contrary to his meaning; I saw the said Sermon, and the manner how it was so basely sophisticated. Polyander. There was another Oath consisting all of Negatives, called the Oath of Abjuration, which I also heard of, that came out about the same time, which extended to take away the liberty of the very thought, it did not only re●●h the outward man, but it ransacked all the Cells of his brain, with the intern Ideas and cogitations of his mind. Philanglus. Truly, under favour, and correction, I humbly speak it, there is a kind of inhumanity, and {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} in that Oath; for all Laws are made, and all Magistrates are instituted to restrain the outward man, and regulate his Actions, as they refer to the public; for it matters not what private crotchets we have in our single selves, so we be in comfort and tune with our Companions; The Law considers us as we have reference one to another, and to the body politic, therefore it neither useth to limit our private spendings, nor ties us to any course of diet or P●ysick, because our single fortunes, and health, though they mightily concern ourselves, yet they are but of little importance to the public; And as every one enjoys this liberty in relation to his body, and goods, so our souls ought to be allowed a proportionable share of that freedom, so that it give no scandal to the public. Our thoughts, as long as we keep them within doors, cannot any way offend therefore the Law hath provided no punishment for them; The intention of murder is taken no notice of by the Law, if the design of mischief stay at the imagination, and proceeds no further to any outward attempt, The Law refers that to the great Tribunal of God who is the only Kardiognostic, the sole searcher of the heart; If a Law were justifiable against erroneous Thoughts in points of Religion, with an Oath of Abjuration to make the suspected accuse himself, why (as a Gentleman doth rationally infer) should there not an Oath be also provided against thoughts of treason, Adul●ery and murder? and so bring every one to swear whether he be guilty or no of such crimes. Now, touching this Presbyterian Oath of Abjuration, it is not contented with a modest, and simple denial, that one believes there are no such and such things, but he must swear positively and point blank there are no such things at all; Now, though I am not of the same opinion with Copernicus that the Earth moves, and the Sun stands still, yet I w●ld be loath to swear either the one or the other. Polyander. I observe that this Oath hath a double edge, for either it must wron● o●e's Conscience, or ruin his fortunes; besides he is condemned without either Accuser or Witness, the party himself must be both against himself, and what can be more repugnant to nature? Philanglus. It is not only opposite to the Law of Nature, but the Common Law of England doth so abhor that any should accuse and condemn himself, that there were extraordinary provisions made against it by our Progenitors, Therefore if any had been cited in the spiritual Court to accuse himself pro salute animae, a Prohibition lay at the Common Law to stop and supersede their proceedings: All which is humbly left to the consideration of the present Government. Polyander. I infer out of this, that if the Presbyterian had established himself he had proved the ugliest tyrant that ever was on God's Earth, if you relate to Soul, Body, or goods, in lieu of 26 Bishops, we should have had nine thousand and odd Pop●s, who would have delivered us over t● Satan ever and anon, and puzzeled us with their Parochial, Congregational, and National Classes. But I cannot wonder enough that the House of Commons should so busy themselves so much, and undertake to frame, and impose new Oaths, when by the Law of the Land they had● or ●ower as much as to administer an old Oath to the meanest Subject; And touching that C●vena●t, what could be more opposite unto their former Oath? for therein they offered their Souls to preserve that R●ligion which was established by the Laws of ●ngland, and in the Covenant they bind them●elves, to conserve that which was established by the Laws of Scotland, and to that purpose they may be said to offer to God for their security to Sa●an; Moreover, those Demogogs' or popular Dagons', though they were so forward to constrain all other of their fellow Subjects to take and swallow up any Oaths, yet two parts of three among themselves did not take them, as I have been often told. But Sir, now that you have been pleased to inform me of their carriage in spiritual things, how did they comport themselves in civil matters, after they had monopolised unto themselves all power by the Act of Continuance? Phil●nglus. First I must tell you, that touching that monstrous Act, the soundest Lawyers of the kingdom were of opinion, that it was of no validity, that it was void in itself, in regard that what grants or concessions soever the King makes, the Law presupposeth, they are always made with these provisoes, Sa●vo j●re Regio, salvo jure Coronae; now it was impossible that any grant could possibly trench more upon the Right of the King or Crown, as that extravagant Act of Continuance, therefore it was n●l in its own nature at the first; nay, as some affirmed, the very proposal of it was treason in a high degree. But having hooked the power thus into their hands, they strained it up to the highest pitch that could be; They made themselves landlords of all the three Kingdoms, it was a common thing to take any man, house over his head, and make use of it for their service; They meddled with every thing, so far, that scarce a churchwarden or Vestry-man could be made without them, they would have a hand in making common Counsel men, and Constables, with other petty Officers. Polyander. Me thinks that was somewhat derogatory to the supremacy of their power, for great Counsels should not descend to every petty object, but with their high authority they should enlarge their souls to consider of Universals. Philanglus. I could produce many Instances how they undervalved themselves this way, but let this one suffice. It happened one day that a company of ramping wenches, who went under the name of maids, or Holy Sisters, came with a Remonstrance to show their affections to the House, and they were headed by Mrs. Ann Stagg▪ who was to deliver the Remonstrance; hereupon a choice member was voted to go to Mrs. Ann Stagg's lodging, to thank her and the r●st of the maidens for their good affections to the Parliament, &c. But to be more serious with you, touching civil matters, whereof you gave a touch before, there was nothing so Common in those times as a ch●rg● without an Accuser, a sentence w●thout a Ju●ge▪ and cond●mnation without hearing: How many were outed of their freeholds, liberty and livelihoods before any examination, much le●se conviction? how many appeals were made from solemn tribunals of Justice to inferior commits? how common a thing was it to make an order of theirs to control a●d suspend the very fundamental Laws of the Land? Polyander. But this was in the brunt of the War, which the King did necessitate them unto, as he acknowledged in the Treaty at the Isle of Wight. Philanglus. 'Tis true he did so, but he did it upon two weighty considerations, and as it had reference to two e●ds, first to smoothen things thereby, and pave the way to a happy peace: Secondly, that it might conduce to the further security of the two Houses of Parliament with their Adherents: Besides he did it when the Razor was as it were at his throat, when there was an Army of above 30000 effect if Horse and foot, that were in ●otion against him; Then, this acknowledgement was made, with these two provisoes and reservations; First▪ that it should be of no virtue and validity at all till the whole Treaty were totally consummated; Secondly, that he might when he pleased enlarge, and clear the truth hereof with the reservedness of his meaning by public Declaration; Moreover, That Grant or acknowledgement was but a preambular proposition it was not of the Essence of the Treaty itself; Now, as the Philosophers and schoolmen tell us, there is no valid proof can be drawn out of Proems, Introductions, or Corollaries in any Science, but out of the positive Assertions, and body of the Text, which is only argument-proof, so in the Constitutions & Laws of England, as also in all civil accusations and charges, fore-running Prefaces (which commonly weak causes most want) are not pleadable. And though they use to be first in place, like Gentlemen Ushers, yet are they last in dignity, and should also be so in framings; Therefore there was too much hast used by the Parliament to draw that Hyp●thetic Provisional concession to the form of an Act, so suddenly before the Treaty itself was fully concluded. Polyander. But who was the first Aggressor of that ugly War, the King or the Parliament? Philanglus. I will not presume to determine that, only I will inform you, that the Parliament took the first Military guard; they first interdicted trade: They countenanced all tumultuous Riots, gave way to Club-law, and They kept the King by force out of Hull, issued Commissions for Horse, brought in foreign force, and had a complete Army in motion, a good while before the royal Standard was set up. Polyander. I remember a witty Motto that the last French Cardinal caused to be engraven upon the breech of some new Canons which were cast in the arsenal at Paris, it was — KATIO ULTIMA REGUM. Viz. That the Canon was the last reason of Kings. But whether this Motto may fit Subjects, I will not now dispute. But sure the King was ill advised so to rush into a War, considering what infinite advantages the Houses had of him, for as you said before, they had the Sea, the Scot, and the City on their side; and the King had no Confederate at all at home or abroad; I am sure he had no friend abroad that one might say was a true friend unto him, unless it was the Prince of Ora●●e▪ in regard he had disobliged all other Princes: For you know, as soon as he came to the Crown, he rushed into a War with the King of Spain, and in lieu of making him his Brother in ●aw●e made him his foe, which stuck still in his stomach; as also th●● he had given so fair a reception to the Ambassadors of Don Juan de Braganza now King of Portug●ll. A little after he broke with the Fr●nch King, Notwithstanding that he had his Sister every night in his Arms; The hollanders gave out that he had appeared more for the S●aniard than Them, in that great fight with Do● Anton●o d'Oqu●nd●; and that he suffered his own ships and others to convey the King of Spain's money to Dunkirk. He was engaged to his Onc●e the K. of De●mark in great old s●m●, whereof there was little care taken to give satisfaction; the Iri●h cried out, They had been oppressed; The Swed observed that he was more for the House of Austria, than for Gustavus Adolphus; And at home I have been told that the Irish cried out he had been oppressed; And the Scot whom he had obliged most of any by such Mountains of favours, with divers of his own Creatures, and domestic bosom servants whom he had engaged most, started aside from him like a broken bow, so that all things did cooperat and conspired as it were to make him a hard-Fated Prince, and to usher in a Revolution. Philanglus. Yet I heard that all Princes were very sensible of his fall. Polyander. 'tis true, they did must resent it at first, yet they were affected rather with ●stonishment than sorrow; And touching the Roman Catholic Princes they did afterwards rejoice at it, considering what a blemish the manner of his death brought upon the Reformed Religion; but Sir I pray be pleased to proceed. Philanglus. The Sophies, or Gran signo'rs of the commonwealth, whereof we spoke before, screwed up their authority every day higher and higher, They declare, that an ordinance of Parliament without the Royal assent is equivalent to an Act; They declare; that not only the consultative, ministerial, and directive power is in them, but also the Judicatory, Despotical, and Legislative highest power is inherent in the Walls of their two Houses; That their power is also Arbitrary, ubiquitary and incontrolable; That they are not subject to Dissolution or Time, being the eternal and irrevocable trusties of the Commonwealth, with such rodomontadoes▪ which made one to think that a midsummer Moon had got betwixt them, and therefore thought this Anagram a very fit one to be set upon the door of the House, with the distic annexed, Parliamentum, Lar Amentium. front rogas isto P. cur Anagrammate non sit, In promptu causa est, Principem abesse scias. Polyander. They who have pried into the true humour of a Portuguez, have observed, that He useth to act more according to what he thinks himself to be, than what he really is, It seems that these Parliamenteers were possessed and puffed up with the same humour; But if the supreme power were in an Assembly, when that Assembly is risen, I wonder what's become of the power, sure it must rest in the air, or sticking to the Walls of the Chamber where they breathed. Now Sir, touching long Parliaments, I am of opinion, it is the greatest and generallest grievance that can be possibly to the English people, by reason that besides other irregularities, it stops the ordinary course of Law, in regard of the privilege they have, not to be subject to arrest with others to whom they give protection, now not one in four of that long Parliament men, but owed money, and what use Sir Peter T▪ and others made of that privilege, to the detriment of a thousand poor Creditors, is too well known: And were such men, think you, fit to keep the kingdom's Purse in their Pockets so long? but having got the Great Seal, as well as the Sword into their hands, what signal Acts of Justice did they do? Philanglus. 'Tis true they had got the Seal and Sword, which the Law of England doth appropriate to the chiefest Magistrate, the one should be girt only to his side, and the other hang at his Girdle; And it was told them to their faces by the knowingest Members in the House, that to cut a broad seal of England was the highest reason that possibly could be attempted, without the assent of the Governor in chief. Now Sir touching any signal Act of Justice they ever did, I am to seek to this day; but for horrid acts and passages of in justice, I think there could be produced a thousand clear, and yet crying examples (which would make a greater volume than the Book of Martyrs.) I mean Acts that were done before the wars begun, and after it was ended, which takes away the specious colour of necessity wherewith they varnished all their excesses and actions. I will instance only in two (for this was intended for a short discourse, not for a story) viz. The business of the Lord Craven, and Sir John Stawel: the first a personage who is a great ornament to this Nation by his gallant comportments beyond the Seas, the other one of the considerablest Knights in the whole Country. Touching the Lord Craven, he went with consent of Parliament to his charge in the Low Countries, not only before the War, but before any discontentment happened at all twixt King and Parliament, and being atten●ing his said military charge at Breda when the King of Scots came thither, and the Queen of Bohemia being also there, he could not avoid seeing them sometimes; nor was there any Order or Act of Parliament to prohibit anybody from doing so; but for intermeddling with any affairs of State, or mixing with the Scots Council, he never did it; At that time there happened to be in Breda, many cashiered English Officers, and among them one falconer, who having a Petition drawn, and written all with his own hand, the pourport whereof only was, that the King would relieve their necessities; they desired the intercession of my Lord Craven herein▪ but he with a civil compliment declined the business, for he was not fit to do them service, because, as he said, he was neither Courtier nor Servant to the King. Hereupon Faulkner being offended, both with King and Craven, in a passion said (as 'twas proved) This it is to follwo a thing called King, dam me, I'll to England and do all the mischief I can; Being come to London he forged another Petition, wherein there were scandalous words against the Parliament, viz. That they were barbarous inhuman villains. Then going with a Confident of the Parliaments who fed him with Money to go on in his design, He made an Affidavit upon Oath, that the forementioned Officers at Breda showed this very Petition to the Lord Craven, who read it, and delivered it to the King, (both which was damnably false) As soon as this Deposition was reported to the House, they presently voted a Confiscation of all the Lord Cravens Estate; He being then near upon a thousand miles off in Germany, and no soul appearing for him, nor could any on his behalf procure a Copy of falconer's deposition: Craven having notice hereof, he sent a most humble Petition to the Parliament, declaring his innocence, which Petition was sent in the Dutch ambassadors Packet, who delivered it accordingly; but it was denied to be read in the House, because there was none present, who could testify they did see the Lord Craven subscribe it; He sent afterwards another Petition, but it was seven Months before it could be read in the House; In the mean time his estate had been sequestered, his woods cut down, and other spoils done; His Agents here to invalidate the Affidavit of Faulkner indicted him of Perjury, which was clearly proved in open Court, and the original Petition was produced, which was written by Faulkner himself, wherein there was not one syllable that spoke of the Parliament; There was legal proof also made that Craven had nothing to do with that Petition; This indictment of perjury being found against falconer by the grand Jury, the Parliament was informed therewith, yet neretheless a Bill passed for sale of the Lord Cravens Estate, and Surveyors sent accordingly to the Country; Faulkner being thus convicted of Perjury, it was proved also in Court what a nefarious Atheistical, and most wicked fellow he was both in his words and actions, how he had nothing more common in his mouth, then dam me, blood and wounds, and buggering of his Soul to Hell: It was proved that at Petersfield he drank a health to the devil, and that he should say our Saviour was a Bastard, and but a Carpenters son, carrying a basket of tools after his Father; The Parliament was acquainted with all this, and divers earnest and sedulous applications that possibly could be made, were used, but nothing would prevail. The Lord Craven finding the House so inexorable and obdurate, rather than so fair an Estate should be canconized and squandered into so many hands, he proposed by way of humble Petition, that the House would punish him by way of pecuniary mulct, and there were two able Knights attending the Door ready to undertake the payment thereof, which motion the Lord General, now Lord Protect●r, did most nobly advance: yet all would not do, but the Surveys of the Estate being returned, the Bill of Sale was completed, and some of the Members of the House stepped in with the first to buy the flour of his Lands, to the value of 6000 l. per annum, as appears by the contracts made at Drury House in their own names: That goodly house at Causam near Redding being in excellent repair, was bought by some, who for greedy lucre and gain utterly defaced it, they pulled down the Wainscot, staircases, Lead, Iron, and all other materials about the House, which had cost above 20000 l. yet they gave the commonwealth, but little above 1500 l in moneys for it, the price of Debentets therein also included. Polyander. Truly Sir, it was one of the hardest pieces of injustice I ever heard of, that such a Princely Estate (for I heard by divers, that had the Lord Craven enjoyed it to this day, it would have amounted to above 20000 l. per annum) a Revenue that I know some sovereign Princes come short of; I say it was a sad thing, that by the single testimony of one man, and he such a perjured notorious villain as it was apparently proved, such an Estate should be destroyed. Philanglus. A sad thing indeed, but besides those pregnant proofs which were produced and made good in open Court, that abominable wretch, being lately upon his death bed in the King's Bench, confessed all under his hand and what monstrous wrong he had done the Lord Craven. But I will proceed now to the other Instance I promised you. The unlucky War twixt King and Parliament being begun about the Commission of Array, the City of Exeter was beleaguered by Sir T. Fairfax, which at last rendered herself upon Article; it chanced Sir Jo. S●awel was then in the Town; A full agreement being made, the Capitulations signed and sealed, and the place yielded, Sir John came to London in due time to reap the benefit of the Articles which were solemnly confirmed and ratified by both Houses of Parliament: Now, two of those Articles were that no Oath, Covena●t, Protestation or Subscription should be imposed upon any person comprised within those Articles, but only such as should bind them from bearing Arms for the future against the Parliament. 2. That all persons comprised in those Articles, having made such a subscription▪ should be admitted to a moderate Composition, which was not to exceed two years' value of any man's real estate, &c. Sir John Stawel having subscribed accordingly, and brought a Copy of his Subscription, as also a fair Certificate from Sir Tho. Fairfax that he was comprised in Exon Articles, made his address to. goldsmith's Hall, and producing the said Certificate and Subscription, He petitioned that he might be admitted to compound according to Article; The Commissioners answered, that he was not capable of Composition unless he would take the Covenant, and Negative Oath, whereunto he modestly repl●'d, that there was no Article for that, but rather è contrario; whereupon he was not only barred of his Composition, but he was sent Prisoner to Ely house; Afterwards by the sole order of the House of Commons, he was committed to Newgate for high Treason, in levying War against the Parliament, where he continued almost four years, in which time, he was several times i●dited of Treason, and twice arraigned at the K. Bench Bar for his life; Then was he removed from Newgate to the Tower and kept close Prisoner, whence he was several times convented before the High Court of Justice, which had been newly erected who after many day's trial would neither sentence him, nor acquit him, but only certified their proceedings to the Parliament. Now Sir, you must know, that presently upon the taking of Exeter, his whole estate was sequestered, and continuing so above 7 years, he being not allowed a penny to put bread in his mouth, he visibly lost above 30000 l. which he humbly prayed might satisfy for his Composition, which would not have amounted to the sixth part so much according to Article; He was not only denied that, but a nigrum Theta a black Bill was voted for selling away his whole Estate: A little after, an Act being passed, and Commissioners appointed for the relief of Prisoners upon Articles in time of War, Sir John made his addresses unto them, and after above ten months' debate of the business, the whole Court (consisting of eight Commissioners) delivered their opinions clearly, that Sir John Stawel was within the Articles of Exon, that he had not broken any of those Articles ever since, but exactly observed and performed them, that consequently he was not only to have his person unmolested, and his whole Estate restored him, but to have satisfaction for the great losses he had received while his Estate lay under Sequestration, &c. This clear and positive Judgement being pronounced solemnly by the Court of Articles, and the demurs which the trusties appointed to sell forfeited Estates, and the Pourchasers of Sir John Staw●ls Lands had made, being ov●r ruled, yet the Parliament resumed the business, reversed, the sentence of that Court they themselves had Authorized, and Voted that the Pourchasers should quietly enjoy and occupy according to their several Contracts, what they had bought of Sir John Stawels Estate. P●lyander. Good Lord, what a world of hardships did that noble Knight undergo, as to be so tossed from Prison to Prison, from Bar to Bar▪ yet to be found guilty nowhere, but to be pronounced R●ctus i●curia, nevertheless, to have a sentence of Civil death pronounced against him, viz the loss of so fair and noble an Estate as any in the west of England, by the mischievous practice of a Member of the House, who, as I heard professed most friendship unto him! But was there no more care to observe Articles of War which is held a sacred thing among Pagans and Infidels? The T●rk and Tartar, in this point will keep faith with the Sword as well as with the scimitar, with the Hat as well as with the Turban or Shash. Philanglus. Herein a difference may be said to have been twixt Generals, for the Presbyterian Generals did not much care how their Articles were broke or kept; but his Highness who is now Lord Protector, was very careful for the observation of what Articles he made, and clashed about it more than once with the Parliament. Polyander. Truly Sir, you have related many horrid things, which might make the Word Parliament merit the same fate that befell Tyrant, Sophister, and others, which were good in their first institution, but afterwards came to be odious and reproachful, and will continue so to the world's end. But 'tis much that the Parliament which should be the great physician of the Common wealth should become such a Mountebank, that in lieu of making up the ruptures twixt King and people, and closing the leaks in the great vessel of the State▪ they should cause more, that like Banbury Tinkers in lieu of stopping one hole they should make two. There is a saying, that Infaeliciter agrotat c●● plus-mali venit à medico, quam à morbo; That Patient is in a sad case, who receives more hurt from the physician then from the Disease; more mischief from the remedy then from the malady; 'tis better for one to endure a little headache, then to have his pate broken. Philanglus. There breathes not a soul Inter quatuor maria, betwixt England's four Seas, who hath a more venerable opinion of Parliaments than I, having had the honour to have been a good while a small part thereof; They were used to be the bulwark of our liberties, the main banks and boundaries which kept us from slavery, from the inundation of Arbitrary Rule, and unbounded Will-Government; This high superintendent Court at its first Constitution was used to be compared to the Macrocosm the Great World itself; The sovereign Magistrate was compared to the Sun, the Nobles to the fixed Stars, the Judges & other Officers who went with Messages twixt both Houses, to the Planets, the Clergy to the Element of Fire, the Commons to the solid Mass of Earth; And as the Heavenly bodies when three of them meet in Conjunction, use to produce some admirable effects in the Great world, so when the three States did use to convene and assemble in one solemn Junta, some notable and extraordinary things were used to be brought forth tending to the welfare of the whole Kingdom. Now, there were three essential properties that belonged to Parliament, viz. fairness of Election, fullness of Members, and freedom of Speech: 'Tis too well known how little of all three were found in the late long Parliament, specially the last, to wit, liberty of speech. For none was permitted to speak, unless he spoke still to the sense of the House, to the sense of the House, which was a pure restraint; what a deal of time was spent in bandying of answers in Remonstrances, in Replies, rejoinders, and descanting upon words? so that the first 16. months were spent merely in chopping logic with the King, and nothing at all done; For fullness of Members, they were purged at last very low, so that there was scarce the tenth part of what they should have been in number. The King offered to give them a little purge of five or six Drams, but it was furiously cast away, because there was too much Basilicon in it. Then there was a purge of eleven drams given them, wherein there was some unguentum Armarium that cures a far off, which made some of them to fly t' other side of the Sea, where one Member, as soon as he put foot on shore, fell sick of the Plague, and so was buried no better than in the Town ditch, because he had first infected the place; At last they had a good sound purge, as big as a drench administered them, which purged away above a hundred Members at once; yet all this would not do, for some Members were grown so corrupt and putrid, that nothing could cure the House but an utter Dissolution, according to the old saying, — Immedicabile vulnus Ense recidendum— Which great Dissolution was made without one tear, or drop of blood, as the Portugal ambassador sent word to Lisbon;, for England had been long weary of her Physicians, who had they continued longer, might have made Her say as Alexander the Great did on his death bed, Perii Turba Medicorum, I die of too many Physicians. Polyander. Touching fullness of Members I heard it censured by some critics beyond the Seas, for a Solaecism in the English Government, that they are so many, but specially that the Burgesses should exceed the Knights; you know Trop gran n●mbre est incombre, Too great a number Ushers in nothing but Confusion encumbrances, and noise, which oftentimes was so extremely loud and obstreperous among them, that as I was told they were heard at Lambeth, there could not be a greater among the O●ster women at Billingsgate. Now Sir, there may be Tyranny in One, in a Few, and in many; In one, as in the Great Turk (and indeed all the Eastern Emperors) who with his breath alone, without any legal process, can take any one's life away, and is sole proprietor of the whole Country, insomuch that the best man in Turkey cannot leave one foot of land as an inheritance to his Son, but it reverts to the Grand Signior. Secondly, There may be Tyranny in few, as in the thirty men of Athens, or in some Privy council of State. Lastly, there may be Tyranny in many, as in some general great Convention or popular Assembly, and this is the worst of all, it being a rule, that Plebs est pessimus Tyrannus. Philanglus. The late long Parliament degenerated to such a one, whereof thousands of instances might be produced; Let this one serve at present; The Army had occasion to make their address to the House, upon a business of a just and general concernment; But the Grandees of the House answered, That if they should read those demands, they might chance to find them of that nature, as they could not with justice deny them, nor with honour grant them, &c. But herein they showed themselves but poor Politicians; for you know it is a true Rule. Ar●●a renenti, Omnia dat qui usta negat. And was it not time then for the Army to think of dismissing their Memberships? But the truth is, that if you go to the right rule of Parliament, they had dissolved themselves I cannot tell how often before; for besides that the Original Writ from whence they derived their power was void by the King's death, how often did they rise up in confusion, without adjourning the House? How oft did they sit without a Speaker, he being fled to the Army? How many hundred ways did they break their own privileges? What things did they do which they voted shoùld not serve for precedents hereafter? As Strafford's death, and sitting on Sunday, &c. How many Bills were resumed, being twice▪ ejected out of the House of Peers? as those against Bishops, and touching the Militia, &c. yet were they taken into debate again the same Session, which is point blank against the very fundadamentals of Parliament: How many thousand Petitions (some whereof were recommended by the Lords) lay mouldering in corners, and were never so much as read in the House? And was it not high time think you to quell this Monster? or rather, to pull down this Idol? Truly this great prudential act of shutting up that House, and the barring up of that cold Postern door in the North, may well take place among those many mighty things his Highness hath done. Polyander. They are mighty things indeed, and they are marvellous in our eyes; Nor do these Isles only, but every corner of the habitable Earth ring thereof: nay the Sea swells high with the breath of them. England may be said to be heretofore like an animal that knew not her own strength; she is now better acquainted with herself; for in point of Power and Treasure, she did never appear so high both at home and abroad, as you said before: This makes France to cringe unto her so much; This makes Spain to offer her peace with Indian Patacons upon any terms: This makes the Hollander to dash his Colours, and veil his Bonnet so low unto her; This makes the Italian Princes, and all other States that have any thing to do with the Sea, to court her so much; Though the Emperor and the Mediterranean Princes of Germany, whom she cannot reach from her Gun-rooms care not much for her. Now Sir among those many heroic and difficult exploits of divers kinds which his Highness hath performed there is one Act (humbly under favour) may well become the greatness of his spirit; It is, to reach a timely hand for preserving the stutely Temple of Paul's from tumbling down, and from being buried in her own rubbish; a Temple which hath above a thousand years tugged with the fury of the Elements, and the iron teeth of Time; the goodliest pile of stones in the world, take all dimensions together. 'Tis also the greatest and most visible ornament of this Renowned City, who would look bald, and as it were crest-fallen without her; a Temple that hath this singularity above all others, as to be founded upon Faith, having a spacious Church of that Name underneath to serve and support her. I remember it was observed how in that disastrous expedition to the Isle of Rhe, the great stones which were designed to repair Paul's, were carried away to make Ballast for Ships▪ and for other warlike uses in that service, which made some judicious critics of those times ●o foretell the unlucky and inglorious return we made thence. Some giddy heady Puritan in reading this, will presently shoot his bolt, and cry out, that I have a Pope in my belly, but you know my Intellectuals better. Philanglus. I know well Sir, your principles are otherwise; but I concur with you in opinion, that it would be a very glorious thing to achieve such a work, and one months' Tax or two would do it; or if his Highness would give way▪ that a general contribution might be made to that purpose; Other vast sums are daily spent, but little or nothing appears of them afterwards in point of effect; Those moneys that would be employed in this, will leave something behind them, viz. a glorious visible monument to all posterity, which will make after ages to bless these times. Polyander. Such a Monume●t would suit well with the grandeur of his Highness, whom all Nations cry up for the Hero of the times, and a special instrument designed for great actions, He would gain the applause of millions of souls hereby, both at home and abroad where I have heard divers, who are far from thinking any inherent holiness to odge in stones or inanimate things, I say, I have heard divers of the Reformed Churches sadly complain, that Paul's in the case it is, is the ruthfullest spectacle upon earth; But now Sir, I take leave to give you serious thanks for the elaborate Relation you have been pleased to make me of the proceedings of that long Parliament, which in lieu of redressing grievances, became itself at last the greatest grievance. As also of the practice and modesty of Parliaments in former times, who declined high affairs of State, specially foreign, much more to arrogate to themselves the Supreme Power; for sovereignty may be said to be an indivisible way, derived and d●r●ed from the Divine Majesty itself, it cannot be divided among a multitude; we never read that the people were called gods, or the lord's anointed, or nursing fathers, nor do ●e read of any Aristocracies or Democraci●s at all in the holy Scriptures. Therefore I ascribe to his judgement▪ who holds, That the firmest and most c●mp●ndious way of Government is, when the supremacy resides in one per●on, whom the people ought to trust by an indispensable necessity for their own advantage, in steering the great Vessel of the commonwealth, with the advice of a select Council: And herein a State may be compared to a galley, wherein some are to observe the Compass, others to furl the S●yls, others to handle the Ropes, others to rug at the Oar, others to be ready ●n Arms, but there is but one Pilot to sit at the Helm. It is requisite also that this single Person should be attended with a visible standing veteran Army, to be paid well, and punished well if there be cause, to awe as well as to secure the people, It being the greatest solecism that can be in Government, to depend merely upon the affections of the people, for there is not such a wavering windy thing, not such an humoursome and cross-grained animal in the world as the common people; And what Authors soever, either Greek or Latin, have pretended to policy, affirm so much. There be divers modern Writers that busy their brains to prescribe rules of Government, but they involve the Reader in universals, or rather bring him to a labyrinth of distinctions, whereby they make the Art of Mast●ring man to be more difficult, and distracted then it is in itself. Philanglus. SIR, Touching the account you speak of, that I have endeavoured to render of the traverses that happened for matter of fact▪ during the Reign of the long Parliament, I have given you but cursory short touches; There would be subject enough for so many Tomes as would make a Library, if one should relate all; But for inferences and conclusions in point of Judgement which may be drawn out of what hath been said already, I leave that to be done in the close of every one's private Conscience. GLoria Honorque Deo saeCLorVM In saeCVLa sunto. A Chronogram of the present year, and that will last till 1920. An Advertisement. LEt the discerning Reader be pleased to know, that whereas in the foregoing Con●er●nce: there are some free touches at divers things happened in the late long Parliam●nt. What is ●poken that way, is spoken with this restrictive Rule of the Logician: Non de singulis generum, sed d● generibus singulorum: It is well known, there sat there as prudential and well tempered men, as England affords, whose chiefest aim was the common good. The former Discourse is far from meaning such Noble Patriots, but only Those, who having tasted the sweetness of Authority, thought to immortalize that Session, and make themselves perpetual Dictators. FINIS.