THE Government of the People of ENGLAND precedent and present the same.  


Ad 

Subscribentes Confirmandum.  
Dubitantes Informanduus.  
Opponentes Convincendune.      Multa videntur quae non sunt, Multa sunt quae non videntur. 
Ut uniamur. Vis unita fortior.  two hands clasped in friendship over a tied bundle of arrows, surrounded by broken arrows  Concordia parvae res crescunt, Discordia dilabuntur. 
London Printed for john Wright, at the King's Head in the Old-Baily. 1650.   

The Government of the people of England precedent and present, the same.  
THe Government of the people of England precedent and present, is the same; and therefore the Subscription now made or required, is just and lawful. For the manifesting of which truth it will be necessary to know what Government is.  
Now Imperium est jubendi prohibendique potestas, Government is a power to command, or prohibit others, which command or prohibition they ought to obey, or for disobedience to he punished.  
This Government the Civilians divide into Summum liberum & merum imperium, & mixtum, the chief free and mere command, and mixed: Now of the chief free and mere command, there are no bounds for that, where that power is, it may appoint, decree, ordain, act, do or command, above, contrary, or besides the Laws, it only and alone maketh, abrogateth, interpreteth, and confirmeth Laws, which from the beginning and of ancient time resideth in the people only, as saith Tholosanus, l. 47. c. 20. S. 8. and Daneus, l. 1. polit. c. 4. saith, Populus suo Magistratu prior est tempore, natura, & dignitate, quia populus magistratum constituit, & quia populus sine Magistratu esse potest, sed Magistratus sine populo non potest esse, i. e. The people are first in time, nature, and dignity, before their Magistrate, because the people make the Magistrate, and because the people can be without a Magistrate, but a Magistrate cannot be without a people; and Stephanus Brutius vindiciae contra Tyrannos, quaest. 3. saith, Reges sunt à populo, & sunt constituis causa populi, Kings or Governors are from the people, and are appointed for the people's sakes.  
And the same Tholosanus, lib. 47. c. 20. s. 9 setteth down how the same was transferred from the people, where he saith, Regia lex de imperio lata est per quam potestas à populo in principens translata est, (that is to say) the Kingly Law of the Empire, (viz. the Roman Empire) was that by which the power of the people was transferred to the Prince.  
Which Law he supposeth to have been made when the people granted all their power to Augustus Caesar, and citeth Zonarus to that purpose, and saith further, Plena fuit illa lex & sine aliqua reservatione, i. e. That Law was absolute and full without any reservation to the people.  
Which Law never extended itself to the Government of England, neither was England ever governed by the will and pleasure of any one man; let us therefore examine who commandeth and forbiddeth, here in England, clearly the Laws, which Government Aristotle, lib. 3. polit. c. 7. preferreth afore all other, saying, Nihil ita ratum & firmum esse ut leges rectae & salutares, & lex sine affectu regit, but goeth on penes eum qui praeest sive sit unus sive pluret iis de rebus statuendi arbitrium volo de quibus leges cumulate & accurate loqui non possunt.  
Which is the very Government here in England, for the power of commanding and forbidding the people of England, is in the laws only, and none other, and that appeareth plainly by the daily practice amongst the people, as well before these times, in the times of those called Kings and Queens, as at present. All the commands or prohibitions that then came, or now do come to the people, were and are appointed, directed, and set down by the Laws of England; so that if any King or Queen did command or prohibit any thing, 
Co. M. c. p. 186.187.206.  or in any other manner then the Laws directed it, was void, and the people were not bound to obey; yea, if they did obey it, and thereby there were any prejudice, damage, or offence done to the public Government, or to any private person, they were to be punished, for that no King or Queen could alter the Laws without consent of the people, and so do our Law-Books plentifully testify; nay, they could not alter the form, and therefore if they varied but from the form prescribed by Law, the command or prohibition did not oblige or bind the people to obey the same, a great part of which form is prescribed and particularly set down in an ancient Book called, The Register of Writs (but indeed is the Register of the commands and prohibitions) the Laws of this Nation, according to the several cases, causes, and complaints of the people.  
Other parts of the Commands not therein comprised, given and appointed by the Laws, are by the Common Laws and Statutes also particularly directed, and the King, Ex merito Justitae debitae, aught to grant, award, and issue those Commands or Prohibitions to the people for their relief. Co. Magna Charta, 269.  
And to prevent a defect of Justice for want of a particular command or prohibition, according to the people's varying cases by the Statute of Westm. 2 cap. 24. it is provided, Et quotiescunque de caetero evenerit in cancellar quod in uno casu reperitur breve & in consimili casu cadente sub codem jure simili indigente remedio non reperitur, concordent clerici de cancellaria in brevi faciondo vel atterminent querentes in prox. Parliamentum & scribantur casus in quibus concordari non possunt & referant eos ad prox. Parliamentum & de consensu jurisperitorum fiat breve ne contingat de caetero quod antea Domini Regis deficiat conquerentibus in justitia perquirenda idonea. And whensoever from henceforth it shall fortune in the Chancery, that in one case, a Writ is found, and in like case, falling under like Law, and requiring like remedy is found none, the Clerks of the Chancery shall agree in making the Writ, or the Plaintiffs may adjourn it until the next Parliament, and let the case be written in which they cannot agree, and let them refer themselves until the next Parliament, by consent of men learned in the Law, a Writ shall be made, lest it might happen after that the Court should fail to minister Justice unto Complainants.  
But it must be in the like case, for if it be otherwise, it must be framed and provided by the people themselves by their Representatives in Parliament, whereupon Bracton says, lib. 1. cap. 2. Si aliqua nova & inconsueta emerserit quae nunquam prius evenerunt, & obscurum & difficile sit corum Judicium, tunc ponantur Judicia in respectu usque ad magnam curjam ut ibi pet. consilium curiae terminet: So that these several supplies of learned Clerks of Chancery, and of the wise and learned men of Parliament do completely provide, quod curia non debet deficere conquerentibus in Justitia exhibenda.  
And it is true that those commands and prohibitions may be altered, repealed or expounded, or other made by the people only, that is by their Representatives in Parliament, in such manner as might seem fittest and best for their benefit, quiet, and safety, where always was to be observed that ancient Rule, Salus popu'i suprema lex esto.  
Which form of Government suiteth in all things with that so much applauded by the Philosopher, and by him preferred before others.  
And the truth is, the Kings and Queens that sent forth the Commands or Prohibitions heretofore, were but Deputies to the Laws, to send, or as Conduit pipes, to convey the same Commands or Prohibitions that the Laws directed; so that here in this Nation the opinion of Antigonus is verified, Regnum nihil aliud est quum nobilis servitus; and that other opinion, Reges cum jubent socundum leges sunt legis ministri.  
And that is apparently manifested to be true by a familiar example, viz. A Master of a Family having divers sons and servants, directeth his eldest son or chief servant, that whereas one other of the servants oweth to his fellow-servant 10. 1. or hath beaten his fellow-servant, that he command that servant so owing the 10. l. or hath beaten his fellow-servant, that he pay the 10. l. or make satisfaction to his fellow-servant for the battery, upon pain of being turned out of his service, which the son or chief servant doth accordingly: In this case the Governor or Commander is the Master of the Family, and it is his Command, Qui per aliud facit per seipsum facere videtur, and the eldest son or chief fervant but the instrument he employeth. Verbum sapienti sat est.  
And that they were but Ministers, Officers, and Servants, to the Commonwealth, appeareth as well by their admission thereunto at the time of their Coronation, by the suffrages of the people, as also by the Oath they then used to take for the due performance thereof, which is the usual manner of making and constituting all other Officers and Ministers to the Commonwealth.  
Now the Commonwealth, Cicero, lib. 3. de Republica, defineth thus, Rempublicam esse rem populi, populus autem esse non omnis coetus multitudinis, sed coetus juris concensu & utilitatis communione consociatus.  
And therefore I conceive the words Kingly Office in the late Act for the abolishing thereof, is very proper, if they could properly be called Kings, for the reasons afore remembered; and then, if but Officers, it will follow by good consequence, they are removable by the people, viz. their Representatives (who make them) at their pleasure, or at least upon miscarriage in their Office to the damage of the Commonwealth; so it hath been heretofore put in ure in former ages, viz. Edw. 2. Removed, and his son Edward then appointed Custos Regni. And so Richard 2. displaced by the people, and Hen. 4. then Duke of Lancaster appointed in his stead. And this touching the Government of this Nation of England, when there is no Parliament sitting, is clear to all from the constant usage continually from time to time continued, and at this time is continued the same. But as touching the time when there is a Parliament fitting, which is that  by the Philosopher, Cum de Rebus Leges Cumulate & accurate loqui non possunt, is the more difficult question, which also upon serious examination will appear, that even the Government then, is, and ever was, or aught to have been solely in the people, as touching the altering or abrogating any of the old Laws, or constituting of new, which is the prime and principal cause and occasion of convoking a Parliament, Scil. circa ardua Regni, as the Writ of Summons to Parliament expresseth it.  
And as touching the Government by Kings, Lords and Commons, scil. in time of Parliament, it is fitly divided into two questions.  
First, whether the King had any interest in the Government in time of Parliament, viz. of altering or abrogating former laws, or making of new.  
And that is clear, that he had not, which appeareth first by his Office and Oath to perform the same, which is that he will grant and consent unto such Laws, Quas populus elegerit, which must be construed, which the people shall choose, or else it is a nonsense, the former part of the Oath being, that he will govern by and according to the Laws of the Land. And it is also so expounded by 25. E. 3. Statut. de provisoribus, the words whereof are these, La Ley de dit Roylme est tiel que sur mischeife et dammages que aveignont all Roylme Roy doit et est tenus per son serement de la consent de son people in Parliament ent fair Remedy et ley en oustant les Mischeifes et Damages. And so also is Co. M. C. pag. 586. and then the King could have no negative voice rightfully and by Law, it being contrary to the Law and his said Oath.  
And if not the King, than a fortiore, not the Lords, they being not so much as Officers of the Commonwealth, and had nothing there to do, as may seem for the public, but for their private interest to save them.  
And it is agreed in our books, that an Act of Parliament may pass, and be valid without consent of the late Lords, called Spiritual, 7. H. 8. Cr. 184. b. Co. Jurisd. 25. and yet Co. Jurisd. 1.2. calleth them one of the three Estates, and saith, that they must necessarily be summoned to Parliament aswel as the Lords Temporal.  
And truly the Case cited Co. Jurisd. pag. 25.13. H. 4. N. 20. proveth plainly, that a Parliament might be without the Lords Temporal also, for there he saith, I have read of a Restitution in blood and of Lands, of one William de Lasenby, by the King, by the assent of the Lords Spiritual, and Commons (omitting the Lords Temporal) whereupon he saith, This we hold is an Ordinance, and no Act of Parliament, which under his good favour must be an Act of Parliament, or else is of little or no use, for an Ordinance endureth, and is of force only sitting that Parliament, and that determined, the Ordinance is determined, and so the restitution void, and also a restitution in blood can only be by Act of Parliament, which bindeth all; and this restitution is to bind the mean Lords, and all others that are any ways interessed by that corruption of blood.  
However, since all Government is in the people, from the people, and for the people, touching altering or abrogating of Laws, or making of new, which none can do without them, and that they are now met by their Representatives in Parliament, the place where the cure of such grievances, as infest the people, is to be had, some of which grievances being that pretended Negative Vote both of King and Lords, thereby thwarting, crossing, and opposing the application of such wholesome Medicines as might probably recover the Patient, the Commonwealth, they must in all justice remove them as the cause thereof, or else no hope of recovery. Pereat unus ne pereat unitas.  
And that grievance of the Negative Vote, if not removed, was fatal, and would have ruined all, as thereby hindering of all applications for recovery, which was too much verified and manifested, when the last year was a War very eminently dangerous to the whole Parliament and people here, and that by the continuance of the Royal Party, Scots and Ormond, the Lords then sitting in Parliament, in that extremity, refused to declare with the Commons, that the Scots were enemies to the Kingdom, and being then several times requested to give their concurrence for Counties to arm themselves, they then making use of, rather abusing their Negative Vote, utterly refused, which tended to the utter ruin and destruction of Parliament and people.  
And besides, many of the grievances to the people, issuing from King and Lords, could not otherwise be cured then by taking them away, the one not regarding his Oath, and the other not esteeming the public good, as they ought to have done. Especially, the Kings of England, having all the late Lords, called Spiritual, at their beck and command then, being under their power, to place and displace at their pleasure, or at least to prefer them; and also pretending to have power to make as many Lords of Parliament as they pleased, for that therein imitating the policy of the Pope in the late Council of Trent, in making titular Bishops at his pleasure, they were thereby as able to carry all things in the House, called the Lords, touching the Civil State, at their pleasure, as the Pope was in that Council, to carry on things touching the State Ecclesiastical.  
And we see that by Act of Parliament made by consent both of King and Temporal Lords this present Parliament, the Lords then called Spiritual, were secluded from Parliament, and their Votes and Sitting in the House, than called the Lords, were quite taken away.  
And since that time, and before the taking away the Vote from the Temporal Lords, many Acts of Parliament have been made, and esteemed as well by the Temporal Lords as the Commons, and all others to be valid, effectual, and of force to bind the people, and yet the Spiritual Lords are called one of the three Estates, Co. Jurisd. 2.  
And herein is no prejudice to the Public, because the people may now freely and fully act for the public good without any opposition, and that is the principal end of meeting in Parliament: Neither is there any prejudice to the Lords, for what is there acted for the Public good, must also necessarily extend to them, and they be partakers thereof as well as any others.  
Yea, if there were some prejudice to the private, yet that aught to be endured, to accommodate the Public, Publica & communis utilitas est praeferenda privatae. And if we examine the first and true Constitutions of Parliaments, the Lords never had that power of the Negative Vote, thereby to frustrate the good Laws intended for the Public; for anciently the Commons and they sat together, as Co. Juris. l. 1. tit. Parliament. and then the number of Lords being but small and inconsiderable, in respect of the number of the Commons, their Negative could not much harm, for that it is probable, and to be presumed, that the number of the good Zelots for their Country, both of Lords and Commons, would much exceed the opposite number.  
So that in substance touching Parliament affairs, there is the same Government at this present, as of right it was or ought to have been heretofore: And as touching Government in all other things, there is no more change betwixt Carolus, etc. and Custodes libertatis Angliae Authoritate Parliamenti, then there was betwixt Elizabetha, etc. and Jacobus, etc. for that the Laws were and are the Governors, and not they, as hath been plainly demonstrated before.  
And for further proof that the Government of this Nation is by the Laws and themselves, the late years now last past experience doth manifest it, during which time King Charles transported with Passion, and enraged with fury, that the people would not permit him to introduce the Monarchical Government, that is, to command and prohibit what and how he pleased, was not in fit case to act the part or office of a King of England, yet during that time the Law governed the people and only used his name, pro forma, in its commands and prohibitions, which compared to times of peace before, will appear to be the same; or if any difference be, it was that in those times of his discontent, the Government was more just and beneficial for the people, the Laws their Governors, being then more free from straining, misconstruing, and perverting, then formerly: So that from these premises I may safely conclude, That the Government of the people of England precedent and present is the same; For parum differunt quae Re Concordant.  
Under which popular Government our Ancestors have lived happily hundreds of years, which if experience did not testify here what Bodin saith in his Book De Rep. lib. 6.702. a. himself a Frenchman borne, bred, and employed under a Monarchical Government, as of late times it hath been used, one I dare say will not flatter in this case; his words are these, Libertus autem illa quam in popularibus Imperiis tantopere vigere putant in eo maxime versatur ut suis quisque bonts uxore liberis tranquille fruatur, nec sibi aut suis ulla vis inferatur aut si fuerit illa vindicetur.  
But further, to manifest to all the world, that neither the precedent Kings here, had not, or claimed not that Negative Vote lately pretended to by the late King, and also the inevitable danger, yea ruin of the people, if they should have had it and used it, I shall instance in some disceases procured by Kings, and shall show you how they have been cured; and I shall only remember such as are probatum● in Print, and in every man's hands, beginning with Magna Ch●rta, setting down the disease, by whom procured, and how cured, following the series of time for my Method. King Henry the third entertaining into his grace and favour Peter Bishop of Winchester, an evil man, and relying on him for the managing the Estate, he chooseth unto him a man like himself Peter de Rivallis, who draw the King into an evil opinion of his people, in whose time, and by whose means judicia Committuntur injustis, leges exlegibus, pax discordantibus, justitia injuriosis, persuading the King to reject in passion the just Petitions of his Subjects. These two being displaced, the King entertaineth others as bad as they, who exact of whom they please, what they please, set prices on all Offices, rain the Law within the rule of their own breasts; the Great, they enforced not to obey, but serve; and the Mean, to live so as they might justly say they had nothing: The distemper than grew so high, that even the Patients themselves practise upon each other, not by advice of Physic, but by the rage of fury, entering into Civil War, blooding themselves till they almost fainted: At last a Physician is thought on, a Parliament is called, wherein divers wholesome Medicines are provided against divers diseases raging and reigning at that time, the King and his Courtiers having endeavoured to enslave all, this Physician directs this Recipe of Cham libertatum, to restore all to their former liberties: Thus you have the general disease, the cause, and cure, the particulars follow, viz. Churchmen had formerly been oppressed by the King's Officers by unjust exactions, the cure is, Quod Ecclesia Anglicana libera sit, cap. 1.  
The Subject was oppressed by the King's Officers and Ministers, under pretence of taking Rationabile Relevium, which they hold every taking to be, were it never so unreasonable, the cure is by putting it in certain, as it formerly had been, cap. 2.  
The Possessions of the Archbishops, Bishops, and other Ecclesiastical persons of the King's foundation, were by the King's Officers much wasted, during the Kings possessing them in vacancy, the cure is cap. 5.  
The Subjects were oppressed by the King's Officers, in seizing possessions of great value for petty debts due to the King when they might have levied it otherwise, without much damage t● the Subject; or else in taking the Pledge when the Principal was sufficient and this is cured, cap. 8.  
The Subject was oppressed by grievous amerciaments, imposed by the King's Ministers, and others, this is cured, cap. 14.  
In the Reign of King john, and his elder brother King Richard, divers oppressions, exactions, and injuries were encroached upon the Subject for making Bulwarks, Fortresses, Bridges and Banks contrary to I awe; which is cured, cap. 15.  
The King's Officers and Ministers, Sheriff, Constable, Coroner, and other his Bailiffs, ignorant, unlearned men in the Laws of the Land, under pretence of more speedy justice, though in truth for lucre of gain presumed to hold Plea in matters of life, whereby oft the innocent suffered, and the nocent escaped, this is cured, cap. 17.  
A debtor to the King dying, possessed of a great personal estate, his Officers upon pretence seized all into their hands for a small debt, and oftentimes only upon pretence of a debt, where in truth there was none due, whereby the Widow and Orphans were deprived of means of living, and this under pretence of diligent care to levy the King's debts, and this is cured cap. 18.  
Purveyance of Carts by the King's Officers was a great grievance in taking, without paying for the same, or in taking where they ought not to take, and this under pretence of diligence in their Master's service, Non amo nimium diligentes, and this is cured, cap. 21.  
For the avoiding of the wasting of houses of persons attainted of Felony, etc. which was due to the King, the Common Law gave him the profits of the Lands of the person attainted for one year and a day, but his Officers being like Harpies, having once fastened thereon, would not easily be taken off, under pretence of profit to the King, though in truth to their own private, whereby much damage grew to the Lords, of whom the Lands were holden, and who of right aught to have the same, which is cured, cap. 22.  
The unlimited and unbridled pleasure of the King's Ministers was become the Law, or at least was forced to be the Law, whereby the people must be governed, how cruel, how tyrannical, every one may easily think, and yet upon a pretence of doing service to their great Master, to make him a Monarch, to make him seared, though not loved, than which a greater disservice cannot be to a Prince, as the tempests of these times thereupon following manifestly prove, and yet this grievous disease not thereby cured, it being too sharp, but a more gentle Medicine is directed, cap. 29.  
The King's Agents evil entreating Merchant-strangers in amity, both by exacting what they pleased for licence to trade, and what customs and other duties for their Master, as their covetous and boundless humour led them, yet upon a pretence to ennich their Master, Trade, the life of a Kingdom, was hereby much hindered and impaired, and this is cured, cap. 30.  
The King's Council and Ministers making all advantageous exposition for their Master, as they pretended, though in all likelihood, the gain thereby accrueing came to their own purses, would needs hold the Law of the Kingdom to be, that whosoever held of the King by Knight's Service, in what manner soever, whether as of Honour, Manor, or otherwise, yet it must be In capite, and thereby the King to have his Prerogative for Wardship of all the Lands held of whomsoever. And thus these Mountebanks misapply the wholesome Medicine of the Law, to the destruction of the Patient, the people, mixing it with some ill ingredient of their own, a usual trick and very frequent, it being their main endeavour under colour of Law, to colour their unjust oppressions; and this is only cured by those wise and faithful Physicians, the Parliament, by rightly tempering such mis-tempered Medicines, which is done by them in this particular case, cap. 31.  
Escuage, a duty due to the King and other Lords from their Tenants, the King's Ministers for that it was uncertain would thereof make their advantage, and assess it at what sum they pleased, and from their example it is likely other Lords did the like, for Regis ad exemplum totus componitur orbis, especially when it is for their profit; and incertainty in duties is a fit opportunity, whereby cruel tyranny may oppress, if referred to the party to whom it is due, and yet the poor knoweth not where, nor to whom to complain; but for this particular malady, there is a proper Medicine, cap. 37. Referring the assessing thereof as formerly had been used, which was by the Parliament, the most equal and indifferent Arbiters in cases doubtful, and fittest to be trusted; and the mischief of incertainty is so well foreseen by the Common Laws of England, that it is always referred to those that by probability are strangers, and indifferent as to Parliament Judges or Jurors.  
The vigilant Physicians now assembled in consultation in Parliament using all their industry they possibly can for procuring and continuing the welfare of this Commonwealth direct the like general Recipe in the conclusion, c. 38. as in the beginning, that if they had not directed for every particular a convenient Medicine, yet this general might supply; so that now it might probably be thought, 
3. E. 3. c. 9 25. E. 3. Stat. 5. c. 4. 28. E. 3. c. 3. 37. E. 3. c. 18 42. E. 3. c. 3. 1 R. 3. c. 2.  that there would need no new advice or Medicines; but such and so many are the redundant and malignant humours in this great body, that it presently groweth into new distempers, and must be new physicked, or it will perish, though for the most part the ingredients hereafter used are but the same as in the general or particular Recipes mentioned.  
The King's Court-Councell informed him that he might for his recreation and better preservation of his health afforest any Subject's ground, and so dispose of it for his pleasure, as he should think fit, upon pretence no doubt that his life was so precious, and so to be regarded, that no possession the Subject had should be so dear to him as that he should be unwilling to part with it for the King's preservation; fair shows, 
25. E. 3. Stat. 5. c. 7. 7 R. 2. c. 4.  but fowl substance even to the ruin of the people, as may appear by the cure set down in Cham de Foresta, and as it is well known in some parts of this Kingdom, by woeful experience, even in these present times long after the making of the said Charter, procured by the Court-Parafites chirping in the late King's ear the same or as bad notes as at the making of the said Charter.  
The Common Law of England allowing the King this Prerogative, that he might distrain the goods of his debtor, and make sale thereof towards his satisfaction, which his Ministers abused, and thereby oppressed the Subject in selling at low prizes, or before the Debtor could have notice, and sometimes when there was no debt due, but only pretended; all which are provided for by a Statute of distresses of the Exchequer, 
2. H. 4. c. 14. 3. E. 3. c. 3, 4. 20 H. 6. c. 8. 5. E. 3. c. 2. 23. H. 6. c. 1, 2. 10. E. 3. St. 2. c. 1. 4. 14. E. 3. c. 19 28. H. 6. St. 2. c. 2. 25. E. 3. St. 5. cap. 6. 21. 2. & 3. E. 6. cap. 3. 28. E. 3. c. 12 2. & 3. Mar. ca 6. 34. E. 3. c. 2, 3. 43. E. 3. c. 3. 7. R. 2. c. 8. 14. E. 3. c. 14  made 51. H. 3.  
And lest the prime Medicines prescribed by Magna Charta should be forgotten, neglected, or antiquated, the said Charter is newly confirmed 52. H. 3. Marlebridge, cap. 5. and 30. times at the least since, so careful and provident have these faithful Physicians been, and yet new diseases break forth, as that the King's Prerogative in purveyance for victuals how much abused by his Ministers in oppression of the Subject, may appear by the many Medicines provided for the cure thereof, Westm. 1. cap. 32. and many other cited in the margin, the Declaration of the Common Law being as it were new tempering of old Medicines, thereby reviving the strength and virtue thereof, which these Physicians are often enforced so to do as for ousting the long delay procured by praying in aid of the King by the Stat. de Bigamis, cap. 1, 2, 3.  
The King's Courtiers and Servants under colour of right, and preserving of it to the King, by menaces and thre●ts prevailed with many Religious houses for corodi●s, and other promotions, whereunto the King had no right, for redressing whereof a Stat. is made, 1. E. 3. St. 2. cap. 10.  
The King's Officers, in oppression of the Subject, construe the Law of the Land to be, that every alienation of any of the King's Tenants in Capite, without licence, to be a forfeiture, the Law therein is truly expounded by 1. E. 3. cap. 13. And where colour of Law will not serve, they use force, and compel divers of the King's Subjects to enter bond to come to the King with force and Arms, whensoever they should be sent for, upon pain of life and limb, and to forfeit whatsoever they could forfeit, a fearful and dangerous tye, but happily untied by a Stat. made, 1. E. 3. St. 2. cap. 15.  
And the usefulness of these Physicians, and their often consultations, and their frequent advices, apparently proved and approved by the happy experience this great body the Commonwealth had formerly had to be exceeding necessary for its preservation and happiness, it is is provided 4. E. 3. cap. 14. to be once every year, 
36. E. 3. c. 10  or oftener if need require.  
Monopolies and restraint of Trade being beneficial to the King's Courtiers, though much prejudicial to the State and people, are no doubt upon fair, though false glosses, set up and countenanced, which dangerous disease is provided for by 9 E. 3. Stat. 1. cap. 1.  
The King's Council and Courtiers, abusing for their own private ends, the wholesome Medicine of the Common Laws of this Kingdom, to the great detriment of the Subject, upon pretence that Nullum tempus occurrit Regi, and that all Lands came from the King at the first, seize into the King's hands any man's Lands, thereby to enforce him to show his title, and if he make default, to forfeit the same, which great mischief is provided for by 9 E. 3. St. 1. cap. 2. For that by tenure some Tenants of the King, by reason of their tenure are bound to find Arms in the King's service, his Council and Courtiers strained this to be due from all, to the great damage of the people, which misexposition is remedied 25. E. 3. Stat. 5. cap. 8.  
The King by his Prerogative is to be first satisfied his debt before any Subject, and till that were levied, the King might protect the debtor, which in true intention was, with what speed the King might be first satisfied, than the Subject might sue for his; but under colour hereof the Courtiers had got this trick, that if they did owe money to any other, they would also be debtors to the King and thereupon get his protection, and delay the Subject of his due debt till Doomsday, or at least till he should be without remedy, which great mischief is provided for by 25. E. 3. St. 5. cap. 19 It were very probable that the general and particular provisions  would be sufficient to prevent any oppressing of the Subject, but as the Poet saith, 
Queritur ut crescunt tot magno volumina logis,  
In promptu ratio est croscit in orbe dolus.   
New Ages produce new wirs, and they new inventions, and amongst the rest was this, that the King should grant a Commission to certain persons to view and search victuals, and correct where they found cause, upon a specious and fair pretence forsooth, that thereby the Subject might be the hertor provided of wholesome meat, and not to be poisoned or destroyed by miscarriage therein, though in truth the thing intended was their own private gain, as expenience presently showed; a grand way of oppressing under colour of relieving; this also is cured by 12. E. 4. cap. 8.  
The King's Officers and Ministers extending the King's Prerogative beyond its true bounds, especially where there was not particular bounds, as in case of assignment of debts to his Majesty, they construed all assignments, whether by Debtor or Accountant, Bona fide, or feignedly, to be within the King's Prerogative, to the great damage of the people, in respect of the large execution the King may take, which is remedied by 7. Jacobi, cap. 15.  
But it seemeth our present age hath been more straining of the Prerogative, then of hundreds of years before, for notwithstanding the many and wholesome Medicines formerly recited to have been provided, the Court-Mountebancks found means to vex and oppress the Subjects, and one way was by prying into their estates, and picking holes and quarrels with their titles, upon pretence no question of much good service to his Majesty, though the true mark they shot at was their own private profit; and this is particularly cured by 21. Jac. cap. 2.  
Another late invention among the Courtiers, were the swarming Patents of Monopolies, whereby they oppressed the rich, and fed upon the poor, and yet in all these they have most glittering, though false colours, of good to the Public, thereby endeavouring to deceive the people, but what their true aim was, may appear by woeful experience in getting gain to themselves; and this is remedied by 21. Jac. cap. 3.  
But as if all the former Medicines had never been provided, or else the virtue and operation of them so decayed by time, the Courtiers of the late King ranged, roved, yea and raged in such, so many, and heinous grievances, as it is not easily to be believed if late sufferings did not too too much attest the same, some whereof are specified in the late Petition of Right 3. Carol. viz. Loane-Money, New Oaths, Bonds for Appearance, Attendance, Imprisonment, Confinement, unlawful charges laid and levied by Lord Lieutenants, Deputy Lieutenants, Commissioners for Musters, Justices of peace, and others by command or direction from his Majesty or his Privy Council, and many more therein mentioned; all which by the Kings condescending to the said Petition is remedied: And sure now the Head of this great Body is likely to be fully cured, and that there should no distempers in future flow from thence, yet consider how many have appeared since the beginning of this Parliament, 16. Carol. and what cured, and what to cure, and it cannot pass without wonder, whence such peccant humours should arise to produce such maladies, but the art of these later times fare pass the precedent, in that they cover all their proceed under colour of Law and Justice, witness Shipmoney, Coat, and Conduct Money, Fines, Imprisonments, and other grievous sufferings in the High-Commission Court, which were much to have been enhanced and advanced by their late new Canons, Oaths, Articles; in the Star-Chamber by their excessive Fines, Imprisonments, and cruel Macering of such as fell into their hands. And these Gangrenes are also taken care of by the present Parliament: Out of all which recited Acts of Parliament may be observed; first, that the Kings of England had not a Negative Vote, for sure it is, if they had so had, they would have made use of it, the same tending so much towards Monarchy, which all in some sort laboured for. Secondly, the many oppressions, dangers, yea ruins that had befallen the people of England, if not remedied by their careful Physicians, the Parliament. Thirdly, the dangerous consequent of the Negative Vote allowed to either King or Lords, that then their oppressions, wrongs, and injuries could not be prevented, so that Tyranny must needs follow with might and main.  
Behold then, O England, and consider thy Governors, the Laws of this Nation, free from passion, ambition, and all other exorbitant affections, yet willing to be reform by yourselves for your good, Cupiunt etenim leges ut jure Regantur; And therefore I may safely conclude that Motto true in this Nation, Legi servire libertas, for that the Laws by which they are governed, are of their own framing, consent, and entertainment.  
O fortunati nimium si sua bona norint.  
Legis virtus est imperare, vetare, permittere, punire.  
Pro Patria.  
FINIS.