The privileges OF PARLIAMENT: OR, A Modest anwer to these three QUESTIONS: I. Whether it be in the power of a Parliament, called by Writ, to alter pre-established State-government? II. Whether it be in the power of a Parliament to alter Church-government? III. Whether it be in the power of a Parliament( when their Rights and just privileges be undermined, and sought to be subverted by private stratagems, or public war) to take up arms in defence of themselves and the whole kingdom? LONDON, Printed for Thomas Harrison. 1643. Englands State-Policy: OR, The privileges of a PARLIAMENT. 1 FIrst, Let a Parliament be considered in its denomination, and something will be added to its splendour and perspicuity: It is called a Parlement, or Parliament, taking its derivation from the French word, parley, or parlour, to speak, or speaking, and the Latin word Mens, a mind, and according to the English sense attributed thereto, by contraction it is called A Speech of the mind: By which is to be collected, that the Members of that honourable Senate have even in the denomination of their council imported freedom of speech, to utter their minds and opinions freely, for the good of the King and Common-wealth, without any impeachment or contradiction. 2 Consider the virtue of a Parliament, which is described by the operative power of it to cure the diseases of the Commonwealth, by obtaining those things which are beneficial, and removing such things as are prejudicial to the kingdom, by punishing Delinquents, Malignants, &c. And so from the virtue of Parliaments, I proceed to the antiquity of them. 3 The antiquity of a Parliament is manifested not to be of late, but long since instituted: It hath been in more estimation in its priority, then in these latter times and decrepit age of the world, more esteemed when it was new and in its minority, then now: It is a maxim of the mad world; Too much of one thing is good for nothing: This problem seems verified in our time: frequency of benefits not regarded seems tedious and irksome; short and sweet, but too much used is wearisome: it proves so in these times: the constancy of Parliaments made this nation secure, and rest safely in their councils; but intermission preventing their free intercourse, made the use of them neglected, and of little estimation: for probate of the antiquity of Parliaments, I need not bring many Authors: since William the conqueror it hath been in use, and the onely way in esteem for the preservation of the liberty and immunities of the subjects of England, and before his reign, from King Lucius to Edward the confessor, councils both of the Lords and Commons of the Realm hath been summoned to treat of the weighty affairs of the kingdom, for the safety and protection thereof against foreign force and invasion; yea in the time of the division of this Isle by the Septuagint, or reign of the seven Kings, Councells of this nature in their several Jurisdictions have been summoned, and therefore the benefit of councils have been known before now: I mean, councils national. But( as I said) the neglect or abuse makes them now of no value, which is the cause( as I conceive) that makes this present Parliament regardless, especially this Nation being grown to that height of careless liberty, and over-spread with contrary opinions of the best way for the security thereof, that every man would now be his own judge, what Law and Religion is best to follow and be observed( not looking back to the peaceable times of former ages, when the whole State agreed in one uniformity of law and religion most agreeable to sacred Writ and divine approbation) by which means have accrued these sad disasters and distempers that now this land doth groan under; and having plunged itself into these troubles, will not admit of those medicines that may cure these sores, prescribed and propounded by the Parliament. And now I proceed to the Power and Jurisdiction of that high Court, wherein it will not be amiss to consider of these particulars: viz. 1 Whether it be in the power of a Parliament called by Writ to alter pre-established State-government. 2 Whether it be in the power of a Parliament to alter Church-government. 3 Whether it be in the power of a Parliament, when their Rights and just privileges be undermined, and sought to be subverted by private stratagems, or public war, to take up arms in defence of themselves and the whole kingdom. 1 Touching alteration of State-government pre-established by former Parliaments, I have observed in the several reigns of divers Princes of this kingdom, even from the time of Henry 3. to the reign of King james of blessed Memory, that Acts made by a general council or Parliament in one Kings reign have been repealed and amnihilated by succceding Parliaments: but here is to be observed, that a Parliament consists now of three Estates, King, Lords and Commons: in former times four estates were were reckoned, King, Lords temporal, and spiritual, sitting in the upper or higher House, commonly called the Barons House, or House of peers, and the Commons House, consisting onely of Knights and Burgesses: and hereupon ariseth this Question: Whether if the King dissent from his two Houses, and refuse to make laws or pass Bills by them agreed unto, and confirmed by Vote, the Subject be obliged thereby? To which I answer, that the custom of divers Parliaments have been to pass bills by Vote, and if dissented from and not agreed unto, to protest against such refusal, and by arms to defend their privilege of free Vote, as binding to the whole kingdom. Vid. Reg. H. 3. E. 3. R. 2. E. 2. H. 7. H. 8. Q. M. Q. Eliz. which government hath continued to this Parliament. This Parliament hath changed the continued Order of divers Parliaments, by expelling the Lords spiritual out of the upper House, and taking away their Votes, and the Votes of Popish Lords: upon which I conclude, that a Parliament hath power to alter government, if the diversity of times, and necessity of the State, for the safety and preservation thereof, so require, of which a Parliament is the sole Judge. 2 Touching Church-government, many Parliaments have altered the form of Discipline, and manner of worshipping; yea and sometimes the doctrine of the Church, acknowledged and confirmed by a continued succession of Parliaments. Vid. 31, 32, & 33. H. 8. The whole Doctrine of the Church of Rome was abolished and rejected, the Popes supremacy denied, the Kings superiority in matters ecclesiastical approved, acknowledged, and established, and the Protestant Religion in this Nation in some measure restored, which continued till 1. & 2. Phil. & Mary, when the government was again altered, the Protestant Religion adjudged heretical, and Popery again restored and established, till 1. & 2. Q. Eliz. then the Romish Religion was again suppressed, & rejected, and the Protestant again confirmed, which to this time hath continued, although many times undermined by the jesuitical party, and Popish affencted Clergy of this kingdom, who perceiving it not like by Parliaments to change the government of the Church established and so long time together continued, sought to put by Parliaments, and by degrees to introduce Popery into the government of this Church, but by the providence and mercy of God hitherto prevented: and hence I conclude, That it is in the power of a Free Parliament to alter Church-government, and if so, then much more to purge the government of the Church from erroneous and superstitious Discipline, and from false and papistical Doctrines, the Parliament now not endeavouring to change, but purge the errors crept into Religion. 3 Touching the third Question propounded, I need make no Answer thereto, for that the wisdom and policy of that high Court by their present proceedings, and many Declarations to the kingdom published by their authority, and in their names, have made manifest, That it is lawful, and in the power of a Parliament, to take up arms in defence of their just Liberties and privileges, so undermined or violated by open force, or private stratagems, which policy of Parliaments is the next and last thing I intend to speak of. 5 Policy I thus divide: 1 Policy joined with piety, which I call godly policy. 2 Policy without piety, which I call human, or worldly policy. The first is to be embraced as profitable to a Common-wealth. The other to be rejected as pernicious and hurtful. Policy joined with piety may be twofold. 1 national, or State-policy. 2 Private, or particular policy. The first tending and aiming at the weal and Prosperity both of the King and his kingdom, and the last aiming at particular profit in particular persons, separated each from others councils or approbation; I will onely speak of the first, Parliament, or State-policy. This was Hushai's policy for his master and the House of Iuda, against the pernicious counsel of Achitophel, being joined with piety, and approved by God, brought the others counsels and himself to confusion, which is the onely effect of human and earthly policy. The word may be taken and understood with a double sense, in the evil or good part, politicè, warily: the King of Egypt dealt with the children of Israel wisely, politicè, craftily, cunningly, Come let us deal wisely: here it is taken in the evil part, policy without piety: the aim thereby was only oppression and wrong, and to effect evil purposes. In the speech of Christ to his Apostles, Be wise as serpents, and innocent as doves: policy joined with innocency, pious policy, taken and to be understood in the better part. Policy without piety is devilish policy: And the serpent was more subtle( or wise) then any other creatuoe, &c. The policy of Sauls counsellors against David was devilish, aiming onely to shed innocent blood: policy joined with piety preserve● peace and tranquillity in a kingdom, not destroys it: now then let us see somewhat of this Parliament or State-policy, whether it be godly policy: by the fruit is the three discerned, by the effects that have followed political Counsels will they be known: the effects in brief, as I have observed, are these. 1 By their politic wisdoms, with Gods blessing attending the same, have been discovered, many treasonable plots & evil practices agitated in private by the papistical, prelatical and malignant party in this and all other his Majesties Dominions, for the subversion and destruction of the Protestant Religion, of Parliaments, and the fundamental Laws of this kingdom, and not only discovered, but hitherto prevented. 2 By policy was the act for triennial Parliaments obtained, the act for continuance of this present Parliament, by which means no way of escape for malignants left, nor no means unattempted to preserve his Majesties person, and royal posterity in glory and dignity, the true Religion, Parliaments and their rightful privileges and the Immunities and liberties of the subject. 3. By this policy was the Protestation propounded to the kingdom against Popery, and the usurping jurisdiction of the prelates by which means the well-affected from the bad are diserned, and discovered, and be made more easy to be avoided. And So I conclude this discourse with this unfeigned desire, that it would please God to direct these State politicians in all their councils, that they may aim only at his glory, preservation of true Religion, of his Majesties person, of peace and prosperity of his people, and to put a speedy end to the sad and bloody divisions begun in this kingdom, that the sword may be again sheathed before utter desolation and destruction be procured to this and other his Majesties kingdoms. FINIS.