An argvment of ivstification of the five members accused by His Majesty vvherin is proved that the raising of this present army by authority of Parliament, is not treason : by which it likewise appeareth, that never any king of England received losse or damage by any Parliament, from the first that ever was called to this present Parliament / by Peter Bland of Grays-Inne, Gent.
         Bland, Peter, of Gray's Inne.
      
       
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         ESTC R16874
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             An argvment of ivstification of the five members accused by His Majesty vvherin is proved that the raising of this present army by authority of Parliament, is not treason : by which it likewise appeareth, that never any king of England received losse or damage by any Parliament, from the first that ever was called to this present Parliament / by Peter Bland of Grays-Inne, Gent.
             Bland, Peter, of Gray's Inne.
          
           15 p.
           
             Printed for John Field,
             London :
             [1643]
          
           
             Reproduction of original in Thomason Collection, British Library.
          
        
      
    
     
       
         eng
      
       
         
           Great Britain -- Politics and government -- 1642-1649.
        
      
    
       A28358  R16874  (Wing B3161).  civilwar no An argument in iustification of the five members accused by His Majesty. VVherein is proved, that the raising of this present army by author Bland, Peter, of Gray's Inne 1643    4695 0 0 0 0 0 0 0 A This text  has no known defects that were recorded as gap elements at the time of transcription.  
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           AN
           ARGVMENT
           IN
           IVSTIFICATION
           OF
           The
           five
           Members
           ACCUSED
           By
           HIS
           MAIESTY
           .
           VVherein
           is
           proved
           ,
           that
           the
           raising
           of
           this
           present
           Army
           by
           Authority
           of
           Parliament
           ,
           is
           not
           Treason
           .
           By
           which
           it
           likewise
           appeareth
           ,
           that
           never
           any
           King
           of
           
             England
          
           received
           losse
           or
           damage
           by
           any
           Parliament
           ,
           from
           the
           first
           that
           ever
           was
           called
           ,
           to
           this
           present
           Parliament
           .
           By
           
             PETER
             BLAND
          
           of
           Grays-Inne
           ,
           Gent.
           
        
         
           
             London
             ,
          
           Printed
           for
           JOHN
           FIELD
           .
        
      
    
     
       
       
       
         
           A
           Dialogue
           between
           a
           Doctor
           of
           Divinity
           and
           a
           Student
           at
           Law
           ,
           Concerning
           the
           
             KING
          
           and
           
             PARLIAMENT
             .
          
        
         
           
             DOctor
             .
          
           
             
               Sir
               ,
               being
               acquainted
               with
               your
               wayes
               of
               imployment
               ,
               and
               knowing
               you
               to
               be
               a
               Lawyer
               ,
               I
               shall
               desire
               some
               satisfaction
               from
               you
               concerning
               a
               Parliament
               ,
               it
               being
               no
               way
               belonging
               to
               my
               own
               study
               ,
               whereby
               I
               may
               resolve
               my self
               :
               and
               first
               I
               desire
               you
               to
               tell
               me
               ,
               who
               may
               be
               Burgesses
               or
               Knights
               in
               Parliament
               .
            
          
        
         
           
             Student
             .
          
           
             I
             wish
             all
             Divines
             were
             of
             your
             temper
             ,
             not
             to
             meddle
             with
             that
             which
             belongs
             not
             to
             them
             ;
             and
             to
             answer
             your
             question
             ;
             the
             son
             and
             heir
             of
             an
             Earl
             may
             be
             ,
             and
             so
             was
             the
             Lord
             
               Russell
               :
               Eliz.
            
             6.
             or
             the
             sonne
             and
             heir
             apparent
             of
             a
             Baron
             ,
             and
             so
             was
             Mr.
             
               Henry
               Brook
            
             ;
             for
             the
             eldest
             son
             of
             an
             Earl
             is
             not
             a
             Lord
             ,
             only
             by
             the
             courtesie
             of
             
               England
            
             he
             is
             called
             so
             ,
             but
             in
             any
             Declaration
             or
             writing
             he
             hath
             no
             more
             then
             his
             legall
             addition
             given
             .
          
        
         
           
             Doct
             :
          
           
             
               But
               may
               not
               a
               Divine
               be
               chosen
               for
               a
               Burgesse
               ,
               for
               he
               hath
               no
               voice
               in
               the
               upper
               House
               unlesse
               he
               be
               a
               Bishop
               .
            
          
        
         
           
             Stud.
             
          
           
             No
             Sir
             he
             may
             not
             ,
             and
             therefore
             
               Alexander
               Nowell
            
             was
             refused
             ,
             being
             a
             Prebend
             of
             
               Westminster
               ,
            
             whereupon
             a
             Writ
             issued
             to
             choose
             another
             in
             his
             roome
             for
             
               Leo
            
             in
             
               Cornwall
               .
            
          
        
         
           
             Doct.
             
          
           
             
               But
               I
               have
               heard
               that
               the
               Country
               hath
               a
               free
               chise
               ,
               and
               if
               they
               choose
               a
               Divine
               and
               he
               is
               returned
               ,
               may
               the
               House
               put
               him
               out
               ,
               and
               have
               they
               power
               to
               send
               out
               Writs
               ?
            
          
        
         
         
         
         
           
             Stud.
             
          
           
             In
             23
             
               Eliz.
            
             it
             was
             ordered
             ,
             that
             during
             the
             Session
             ,
             no
             Writs
             should
             issue
             to
             choose
             Knights
             or
             Burgesses
             ,
             but
             by
             Warrant
             of
             the
             House
             to
             the
             Clerk
             of
             the
             Crown
             ,
             and
             18
             Martii
             ,
             23
             
               Eliz.
            
             it
             was
             agreed
             by
             the
             House
             ,
             that
             if
             a
             Burgesse
             be
             incurably
             sick
             ,
             another
             may
             be
             chosen
             in
             his
             place
             by
             licence
             of
             the
             House
             ,
             but
             not
             if
             he
             be
             easily
             sick
             ,
             or
             sent
             of
             his
             Majesties
             service
             ,
             unlesse
             the
             House
             will
             allow
             of
             a
             new
             Election
             .
          
        
         
           
             Doct.
             
          
           
             
               What
               then
               Sir
               if
               one
               man
               be
               chosen
               for
               two
               places
               ,
               which
               must
               he
               serve
               for
               ?
            
          
        
         
           
             Stud.
             
          
           
             He
             must
             serve
             for
             that
             place
             which
             first
             chose
             him
             :
             Sir
             
               Henry
               Piercy
            
             was
             chosen
             Knight
             for
             two
             Counties
             ,
             and
             thereupon
             it
             was
             adjudged
             by
             the
             House
             ,
             that
             he
             should
             serve
             for
             that
             County
             which
             first
             chose
             him
             :
             13.
             
               Eliz.
            
             and
             in
             7.
             
               E.
            
             6.
             one
             
               Cavell
            
             was
             returned
             for
             
               Ludders-hall
            
             and
             for
             
               Travayny
               ,
            
             and
             he
             appeared
             for
             the
             first
             ,
             and
             a
             Writ
             issued
             to
             choose
             another
             for
             
               Travayny
               .
            
          
        
         
           
             Doct.
             
          
           
             
               Well
               Sir
               ,
               you
               have
               satisfied
               me
               for
               the
               Election
               of
               Burgesses
               ,
               and
               who
               may
               be
               ,
               now
               tell
               me
               what
               they
               do
               usually
               require
               at
               the
               Kings
               hands
               ,
               when
               they
               are
               all
               met
               and
               a
               Speaker
               made
               .
            
          
        
         
           
             Stud.
             
          
           
             The
             first
             thing
             that
             they
             require
             at
             the
             Kings
             hands
             ,
             is
             that
             which
             was
             required
             by
             the
             Commons
             in
             the
             thirteenth
             yeer
             of
             
               Henry
            
             8.
             to
             wit
             ,
             that
             if
             any
             man
             of
             the
             Commons
             House
             should
             speak
             more
             largely
             ,
             then
             of
             duty
             he
             ought
             to
             do
             ,
             all
             such
             offences
             to
             be
             pardoned
             ,
             and
             that
             to
             be
             of
             record
             .
          
        
         
           
             Doct.
             
          
           
             
               If
               that
               be
               granted
               ,
               then
               they
               may
               speak
               of
               the
               King
               what
               they
               please
               ;
               and
               he
               must
               be
               pardoned
               .
            
          
        
         
           
             Stud.
             
          
           
             No
             Sir
             ,
             the
             reverence
             which
             a
             vassall
             oweth
             his
             Soveraigne
             is
             intended
             (
             in
             that
             motion
             )
             for
             to
             be
             proved
             in
             every
             speech
             ,
             what
             ever
             it
             be
             it
             must
             import
             the
             good
             of
             the
             King
             and
             his
             State
             ;
             and
             so
             long
             it
             may
             be
             easily
             
             pardoned
             ,
             otherwise
             not
             ;
             for
             in
             Queen
             
               Elisabeths
            
             time
             ,
             who
             gave
             freedom
             of
             speech
             to
             all
             Parliaments
             ,
             when
             
               Wentworth
            
             made
             those
             motions
             that
             were
             but
             supposed
             dangerous
             to
             the
             Queens
             estate
             ,
             he
             was
             imprisoned
             in
             the
             Tower
             ,
             and
             there
             dyed
             .
          
        
         
           
             Doct.
             
          
           
             
               I
               thought
               every
               Burgesse
               or
               Knight
               of
               the
               Parliament
               house
               had
               a
               priviledge
               that
               they
               could
               not
               be
               imprisoned
               .
            
          
        
         
           
             Stud.
             
          
           
             No
             more
             they
             cannot
             at
             the
             suit
             of
             any
             common
             person
             ,
             where
             the
             offence
             does
             not
             touch
             the
             King
             directly
             ,
             as
             by
             a
             Trespasse
             against
             another
             ,
             or
             the
             like
             ;
             but
             a
             man
             shall
             not
             have
             the
             priviledge
             of
             the
             House
             for
             a
             criminall
             offence
             that
             immediatly
             toucheth
             the
             King
             .
          
        
         
           
             Doct.
             
          
           
             
               If
               he
               shall
               not
               have
               the
               priviledge
               of
               the
               House
               for
               such
               an
               offence
               as
               immediately
               toucheth
               the
               King
               ,
               who
               then
               must
               commit
               him
               ,
               the
               King
               ,
               or
               the
               House
               of
               Parliament
               whereof
               he
               is
               a
               Member
               .
            
          
        
         
           
             Stud.
             
          
           
             As
             to
             that
             question
             ,
             I
             shall
             not
             give
             you
             my
             own
             opinion
             ,
             but
             I
             shall
             shew
             you
             what
             Presidents
             have
             been
             done
             ,
             if
             the
             Books
             be
             true
             that
             I
             go
             by
             :
             Sir
             
               Edward
               Warner
            
             (
             Lieutenant
             of
             the
             Tower
             )
             was
             sent
             out
             of
             his
             house
             to
             the
             Tower
             for
             an
             offence
             done
             before
             the
             Parliament
             was
             summoned
             :
             And
             Sir
             
               William
               Cecill
            
             then
             Secretary
             ,
             said
             that
             the
             Queen
             was
             then
             assured
             by
             her
             Justices
             ,
             that
             she
             might
             commit
             any
             of
             the
             House
             during
             the
             Parliament
             ,
             for
             any
             offence
             against
             her
             Crown
             and
             Dignity
             ;
             and
             that
             they
             shewed
             divers
             Presidents
             thereof
             ;
             and
             
               Pearne
            
             was
             committed
             to
             the
             Marshalsy
             for
             words
             ,
             without
             any
             notice
             given
             to
             the
             House
             ;
             and
             Master
             
               Cope
               ,
            
             Master
             
               Leukenor
               ,
               Hurlston
               ,
            
             and
             Master
             
               Braynbridge
               ,
            
             and
             others
             were
             committed
             to
             the
             Tower
             by
             the
             Queen
             ,
             for
             that
             before
             the
             Parliament
             they
             had
             sundry
             conventions
             for
             the
             preferring
             in
             Parliament
             a
             Book
             touching
             the
             Rates
             of
             the
             Church
             ,
             and
             a
             form
             of
             an
             Act
             for
             establishing
             the
             
             same
             :
             Which
             also
             they
             did
             print
             ,
             prefer
             ,
             and
             urge
             in
             Parliament
             ;
             but
             it
             seemed
             that
             if
             they
             had
             treated
             thereof
             onely
             in
             time
             of
             Parliament
             (
             being
             Burgesses
             )
             they
             should
             not
             have
             been
             impeached
             :
             in
             28
             
               Eliz.
               
            
          
        
         
           
             Doct.
             
          
           
             
               What
               then
               do
               you
               think
               of
               the
               Kings
               accusing
               of
               the
               five
               Members
               ?
            
          
        
         
           
             Stud.
             
          
           
             Sir
             ,
             you
             must
             know
             that
             the
             accusation
             layd
             by
             His
             Majesty
             against
             them
             ,
             is
             not
             within
             the
             compasse
             of
             any
             of
             those
             Presidents
             ;
             and
             we
             need
             not
             stand
             to
             give
             any
             reasons
             to
             prove
             how
             it
             differs
             from
             them
             presidents
             ,
             because
             the
             King
             Himself
             hath
             acknowledged
             it
             ;
             and
             what
             dishonor
             can
             His
             so
             doing
             be
             to
             so
             Religious
             a
             Prince
             ,
             when
             as
             he
             himself
             is
             subject
             to
             error
             ,
             being
             considered
             as
             man
             ?
             nay
             ,
             in
             that
             point
             He
             hath
             excelled
             the
             goodnesse
             of
             His
             Royall
             Ancestors
             ,
             which
             act
             I
             hope
             shall
             be
             perpetually
             Recorded
             in
             the
             hearts
             of
             all
             His
             Subjects
             ,
             for
             a
             testimony
             of
             His
             Grace
             and
             goodnesse
             ,
             and
             for
             a
             pattern
             to
             all
             succeeding
             Princes
             .
          
        
         
           
             Doct.
             
          
           
             
               But
               why
               did
               not
               they
               then
               except
               of
               a
               Pardon
               ?
            
          
        
         
           
             Stud.
             
          
           
             Then
             the
             Kings
             mercy
             had
             been
             apparent
             ,
             of
             which
             we
             have
             other
             great
             evidences
             ;
             but
             His
             willingnesse
             to
             acknowledge
             His
             errors
             (
             which
             is
             as
             great
             a
             vertue
             in
             Prince
             )
             had
             been
             concealed
             ,
             and
             so
             he
             had
             been
             (
             in
             that
             respect
             )
             lesse
             glorious
             :
             besides
             ,
             had
             they
             received
             a
             Pardon
             ,
             being
             not
             guilty
             ,
             they
             had
             
               ipso
               facto
            
             lost
             their
             personall
             estate
             by
             the
             Statute
             ,
             unlesse
             some
             words
             of
             Art
             had
             been
             put
             into
             the
             pardon
             ,
             which
             is
             not
             too
             late
             yet
             to
             be
             done
             .
          
        
         
           
             Doct.
             
          
           
             
               Then
               it
               seems
               that
               in
               former
               times
               the
               King
               had
               a
               power
               over
               the
               Parliament
               ,
               unlesse
               I
               misapprehend
               them
               ,
               pray
               tell
               me
               ,
               hath
               he
               not
               now
               a
               power
               over
               them
               ?
            
          
        
         
           
             Stud.
             
          
           
             I
             shall
             tell
             you
             what
             I
             have
             read
             ,
             and
             farther
             I
             cannot
             go
             :
             The
             House
             had
             agreed
             in
             23
             
               Eliz.
            
             to
             have
             a
             
             common
             Fast
             ,
             whereof
             the
             Queen
             misliked
             not
             for
             the
             matter
             ,
             but
             for
             the
             innovation
             of
             order
             ,
             without
             her
             privity
             ,
             and
             without
             Ecclesiasticall
             Authority
             ;
             for
             which
             cause
             ,
             the
             Commons
             submitted
             themselves
             ,
             and
             she
             gave
             them
             their
             pardon
             :
             And
             Sir
             
               Walter
               Raleigh
            
             saith
             ,
             the
             three
             Estates
             do
             but
             advise
             ,
             as
             the
             Privie-Councell
             doth
             ;
             which
             advice
             if
             the
             King
             embrace
             ,
             it
             becomes
             the
             Kings
             own
             Act
             in
             the
             one
             ;
             and
             the
             Kings
             Law
             in
             the
             other
             ;
             for
             without
             the
             Kings
             acceptation
             ,
             both
             the
             publike
             and
             private
             advices
             be
             but
             as
             empty
             Egge-shells
             .
             Again
             ,
             if
             there
             be
             any
             difference
             for
             alteration
             of
             a
             Bill
             between
             the
             Lords
             and
             Commons
             ,
             then
             usually
             some
             speciall
             persons
             of
             each
             House
             meet
             &
             confer
             ,
             that
             one
             House
             may
             understand
             the
             meaning
             of
             the
             other
             ;
             but
             a
             Bill
             that
             is
             signed
             by
             the
             King
             ,
             and
             sent
             to
             the
             Lower-house
             ,
             may
             not
             be
             altred
             in
             any
             part
             thereof
             ,
             without
             His
             Majesties
             licence
             ;
             but
             if
             a
             Bill
             come
             from
             the
             Lords
             ,
             and
             not
             signed
             by
             him
             ,
             it
             may
             be
             altered
             ,
             by
             noting
             what
             should
             be
             taken
             from
             it
             ,
             or
             added
             unto
             it
             :
             from
             whence
             learned
             Doctor
             I
             desire
             you
             to
             gather
             your
             own
             satisfaction
             :
             and
             in
             4.
             
             
               &
            
             5.
             
             
               Phill.
               &
               Mar.
            
             The
             Speaker
             shewed
             that
             it
             was
             the
             QUEENS
             pleasure
             ,
             that
             the
             House
             should
             proceed
             no
             farther
             with
             the
             Bill
             for
             the
             Revenues
             of
             the
             Queen
             ,
             because
             it
             extended
             to
             divers
             which
             had
             accompted
             ,
             and
             then
             
               Peter
               Wentworth
            
             and
             
               James
               Dalton
            
             moved
             ,
             whether
             this
             did
             not
             restrain
             the
             Liberty
             of
             the
             House
             ;
             upon
             which
             after
             many
             arguments
             ,
             they
             resolved
             to
             cease
             till
             some
             other
             time
             :
             now
             the
             Queen
             revoked
             her
             said
             Command
             ,
             and
             gave
             them
             liberty
             to
             proceed
             ;
             but
             upon
             consultation
             amongst
             themselves
             ,
             they
             spared
             to
             proceed
             any
             farther
             .
          
        
         
           
             Doct.
             
          
           
             
               But
               pray
               Sir
               ,
               tell
               me
               your
               opinion
               freely
               ,
               Is
               it
               dangerous
               for
               the
               King
               to
               assemble
               the
               three
               States
               ;
               for
               thereby
               former
               Kings
               have
               alwayes
               lost
               somewhat
               of
               their
               Prerogative
               :
               
               and
               because
               you
               shall
               not
               think
               that
               I
               speak
               at
               random
               ,
               I
               will
               begin
               with
               elder
               times
               ,
               wherein
               the
               first
               contention
               began
               betwixt
               the
               Kings
               of
               this
               land
               ,
               and
               their
               Subjects
               in
               Parliament
               .
            
          
        
         
           
             Stud.
             
          
           
             Sir
             you
             would
             do
             me
             a
             singular
             favour
             in
             your
             so
             doing
             .
          
        
         
           
             Doct.
             
          
           
             
               You
               know
               that
               the
               Kings
               of
            
             England
             
               had
               no
               formall
               Parliament
               ,
               till
               about
               the
               eighteenth
               yeer
               of
            
             Henry
             
               the
               first
               ,
               for
               in
               his
            
             17th
             
               yeer
               for
               the
               marriage
               of
               his
               daughter
               ,
               the
               King
               raised
               a
               Tax
               upon
               every
               hide
               of
               Land
               by
               the
               advice
               of
               his
               privy
               Councell
               alone
               ;
               but
               you
               may
               remember
               how
               the
               subjects
               ,
               soon
               after
               this
               Parliament
               ,
               began
               to
               stand
               upon
               termes
               with
               the
               King
               ,
               and
               drew
               from
               him
               by
               strong
               hand
               and
               the
               sword
               ,
               the
               Great
               Charter
               .
            
          
        
         
           
             Stud.
             
          
           
             You
             say
             well
             Sir
             ,
             the
             great
             Charter
             was
             drawn
             from
             the
             King
             by
             the
             sword
             ,
             but
             hereof
             the
             Parliament
             cannot
             be
             accused
             ,
             but
             the
             Lords
             .
          
        
         
           
             Doct.
             
          
           
             
               Then
               afterwards
               King
            
             John
             
               promised
               to
               restore
               King
            
             Edwards
             
               Laws
               ,
               and
               also
               to
               confirm
               the
               Charter
               of
               Forrests
               ,
               and
               the
               great
               Charter
               upon
               his
               absolution
               ;
               but
               after
               his
               return
               out
               of
            
             France
             ,
             
               in
               his
            
             16
             
               year
               he
               denyed
               it
               ,
               because
               without
               such
               a
               promise
               he
               had
               not
               obtained
               restitution
               ,
               therefore
               he
               said
               his
               promise
               was
               constrain'd
               ,
               and
               not
               voluntary
               :
               what
               say
               you
               therefore
               ,
               was
               he
               not
               bound
               in
               honor
               to
               perform
               it
               ?
            
          
        
         
           
             Stud.
             
          
           
             Certainly
             no
             ,
             for
             it
             was
             determined
             the
             Case
             of
             King
             
               Francis
            
             the
             first
             of
             
               France
               ,
            
             That
             all
             promises
             by
             him
             made
             ,
             whil'st
             he
             was
             in
             the
             hands
             of
             
               Charls
            
             the
             Fifth
             his
             enemy
             ,
             were
             voyd
             ,
             by
             reason
             the
             judge
             of
             Honor
             ,
             which
             tells
             us
             he
             durst
             do
             no
             other
             .
          
        
         
           
             Doct.
             
          
           
             
               But
               King
            
             John
             
               was
               not
               in
               prison
               .
            
          
        
         
           
             Stud.
             
          
           
             Yet
             for
             all
             that
             ,
             restraint
             is
             imprisonment
             ,
             yea
             ,
             fear
             it self
             is
             imprisonment
             ,
             and
             the
             King
             was
             subject
             to
             both
             :
             I
             know
             there
             is
             nothing
             more
             Kingly
             in
             a
             King
             ,
             than
             the
             performance
             of
             his
             word
             ;
             that
             is
             ,
             his
             word
             that
             
             is
             freely
             given
             ;
             for
             binding
             of
             a
             King
             by
             Law
             upon
             the
             advantage
             of
             his
             necessity
             ,
             makes
             the
             breach
             it self
             lawfull
             in
             a
             King
             (
             saith
             Sir
             
               Walter
               Raleigh
            
             )
             his
             Charters
             and
             all
             other
             instruments
             being
             no
             other
             than
             the
             surviving
             witnesses
             of
             unconstrained
             will
             ,
             
               Princeps
               non
               subjicitur
               nisi
               suae
               voluntate
               libra
               ,
               mero
               motu
               &
               certa
               scientia
            
             ;
             necessary
             words
             in
             all
             the
             Grants
             of
             a
             King
             ;
             witnessing
             that
             the
             same
             Grants
             were
             given
             freely
             and
             willingly
             .
          
        
         
           
             Doct.
             
          
           
             
               But
               what
               say
               you
               to
               the
               Parliament
               of
            
             Westminster
             
               in
               the
            
             16
             
               yeare
               of
               the
               King
               ,
               when
               notwithstanding
               the
               Wars
               of
            
             France
             ,
             
               and
               the
               great
               charge
               he
               had
               been
               at
               in
               repulsing
               the
               Welsh
               Rebels
               ,
               he
               was
               flatly
               denyed
               the
               Subsidy
               demanded
               .
            
          
        
         
           
             Stud.
             
          
           
             I
             confesse
             Sir
             ,
             That
             the
             House
             excused
             themselves
             by
             reason
             of
             their
             poverty
             ,
             and
             the
             Lords
             taking
             of
             Arms
             ;
             but
             you
             spake
             Sir
             of
             danger
             of
             Parliaments
             :
             Now
             in
             this
             Parliament
             there
             was
             a
             deniall
             ,
             but
             there
             was
             no
             danger
             at
             all
             ;
             yet
             in
             the
             end
             of
             that
             year
             ,
             at
             the
             Assembly
             of
             the
             States
             at
             
               Lambeth
               ,
            
             the
             King
             had
             the
             fortieth
             part
             of
             every
             mans
             goods
             given
             him
             freely
             towards
             the
             payment
             of
             his
             debts
             ,
             and
             those
             people
             who
             the
             same
             year
             had
             refused
             to
             give
             the
             King
             any
             thing
             ,
             when
             they
             saw
             he
             had
             supplied
             his
             own
             necessity
             out
             of
             Delinquents
             and
             corrupt
             Officers
             which
             he
             call'd
             to
             accompt
             ,
             they
             willingly
             yeelded
             to
             give
             him
             satisfaction
             ;
             and
             indeed
             't
             is
             impossible
             for
             a
             King
             of
             
               England
            
             to
             greaten
             and
             enrich
             himself
             by
             any
             way
             so
             assuredly
             ,
             as
             by
             the
             love
             of
             his
             people
             ;
             for
             by
             one
             years-Rebellion
             ,
             or
             civill
             Wars
             ,
             the
             King
             hath
             more
             losse
             ,
             than
             by
             a
             hundred
             years
             observance
             of
             
               Magna
               Charta
               ,
            
             and
             the
             other
             Laws
             that
             are
             in
             force
             ;
             for
             in
             those
             times
             of
             War
             ,
             Kings
             have
             been
             forced
             to
             compound
             with
             Rogues
             and
             Rebels
             ,
             and
             to
             pardon
             them
             ;
             but
             by
             Parliaments
             ;
             the
             Kings
             of
             
               England
            
             never
             
             received
             losse
             or
             prejudice
             .
          
        
         
           
             Doct.
             
          
           
             
               But
               what
               say
               you
               to
               tha
               deniall
               in
               the
            
             26
             
               year
               of
               this
               Kings
               Reigne
               ,
               sven
               when
               the
               King
               was
               invited
               to
               come
               into
            
             France
             
               by
               the
               Earle
               of
            
             March
             
               who
               married
               his
               Mother
               ,
               and
               who
               promised
               to
               assist
               him
               in
               the
               Conquest
               of
               many
               places
               that
               he
               had
               lost
               ?
            
          
        
         
           
             Stud.
             
          
           
             It
             is
             true
             ,
             that
             a
             Subsidie
             was
             then
             denyed
             ,
             and
             the
             reasons
             are
             delivered
             in
             English
             Histories
             ;
             who
             say
             ,
             That
             with
             a
             world
             of
             payments
             there
             mentioned
             ,
             the
             King
             had
             drawn
             the
             Nobility
             dry
             ;
             and
             besides
             ,
             That
             whereas
             not
             long
             before
             ,
             great
             summes
             of
             Money
             were
             given
             ,
             and
             the
             same
             appointed
             to
             be
             kept
             in
             four
             Castles
             ,
             and
             not
             to
             be
             expended
             ,
             but
             by
             the
             advise
             of
             the
             Peers
             ;
             it
             was
             believed
             ,
             that
             the
             same
             Treasure
             was
             yet
             unspent
             .
          
        
         
           
             Doct.
             
          
           
             
               Good
               sir
               ,
               you
               have
               said
               enough
               ;
               judge
               you
               your self
               ,
               whether
               that
               were
               not
               a
               dishonor
               to
               the
               King
               to
               be
               so
               tyed
               ;
               as
               not
               to
               expend
               his
               Treasure
               ,
               but
               by
               other
               mens
               advise
               ,
               as
               it
               were
               by
               their
               licence
               .
            
          
        
         
           
             Stud.
             
          
           
             Surely
             (
             noble
             Doctor
             )
             the
             King
             was
             well
             advised
             to
             take
             the
             money
             upon
             any
             condition
             ,
             and
             they
             were
             fooles
             that
             did
             propound
             the
             restrain't
             ;
             for
             it
             does
             not
             appear
             that
             the
             King
             took
             any
             great
             heed
             to
             those
             overseers
             :
             Kings
             are
             bound
             by
             their
             Piety
             ,
             and
             by
             no
             other
             obligations
             .
             In
             Queen
             
               Maries
            
             time
             ,
             when
             it
             was
             thought
             that
             she
             was
             with
             Childe
             ;
             It
             was
             propounded
             that
             the
             Rule
             of
             the
             Realm
             should
             be
             given
             to
             King
             
               Philip
               ,
            
             during
             the
             Minority
             of
             the
             hoped
             Prince
             or
             Princesse
             ;
             and
             the
             King
             offered
             his
             assurance
             in
             great
             summes
             of
             Money
             ,
             to
             relinquish
             the
             Government
             ;
             at
             such
             time
             as
             the
             Prince
             or
             Princesse
             should
             be
             of
             age
             :
             At
             which
             motion
             when
             all
             were
             silent
             in
             the
             House
             ,
             the
             Lord
             
               Dacres
            
             (
             who
             was
             none
             of
             the
             wisest
             )
             asked
             who
             should
             sue
             the
             Kings
             Bonds
             ?
             which
             ended
             the
             despute
             ;
             for
             what
             Bond
             is
             between
             a
             
             King
             and
             Vassall
             ,
             more
             than
             the
             Bond
             of
             the
             KINGS
             Faith
             ?
          
        
         
           
             Doct.
             
          
           
             
               What
               say
               you
               then
               to
               the
               twenty
               eighth
               yeare
               of
               that
               King
               ,
               in
               which
               when
               the
               King
               demanded
               Reliefe
               ,
               the
               States
               would
               not
               consent
               ,
               except
               the
               former
               Order
               had
               beene
               taken
               for
               the
               appointing
               of
               foure
               Overseers
               for
               the
               Treasure
               ;
               As
               also
               that
               the
               Lord
               Chiefe
               Justice
               ,
               and
               the
               Lord
               Chancellor
               should
               be
               chosen
               by
               the
               States
               ,
               with
               some
               Barons
               of
               the
               Exchequer
               and
               other
               Officers
               .
            
          
        
         
           
             Stud.
             
          
           
             Why
             Sir
             ,
             Admit
             the
             King
             had
             yeelded
             to
             their
             demands
             ,
             then
             whatsoever
             had
             been
             ordained
             by
             those
             Magistrates
             to
             the
             dislike
             of
             the
             Commonwealth
             ,
             the
             people
             had
             beene
             without
             remedy
             ;
             whereas
             while
             the
             King
             made
             them
             ,
             they
             had
             their
             appeale
             and
             other
             remedies
             ;
             It
             is
             an
             excellent
             thing
             for
             a
             King
             to
             have
             patience
             ,
             and
             give
             way
             to
             the
             fury
             of
             mens
             passions
             .
          
        
         
           
             Doct.
             
          
           
             
               Was
               not
               the
               King
               denied
               a
               Subsidie
               in
               the
               forty
               first
               of
               his
               Reign
               ?
            
          
        
         
           
             Stud.
             
          
           
             No
             Sir
             ,
             for
             although
             the
             King
             required
             Money
             as
             before
             ,
             for
             the
             impossible
             conquest
             of
             
               Scicily
               ,
            
             yet
             the
             House
             offered
             to
             give
             fifty
             two
             thousand
             Marks
             ,
             which
             whether
             he
             refused
             or
             accepted
             ,
             is
             uncertaine
             ;
             And
             whilest
             the
             King
             dreamed
             of
             
               Scicily
               ,
            
             the
             Welsh
             Invaded
             and
             spoyled
             the
             Borders
             of
             
               England
            
             ;
             for
             in
             the
             Parliament
             of
             
               London
               ,
            
             when
             the
             King
             urged
             the
             House
             for
             the
             prosecuting
             the
             Conquest
             of
             
               Scicily
               ,
            
             the
             Lords
             utterly
             disliking
             the
             attempt
             ,
             urged
             the
             prosecuting
             of
             the
             Welsh-men
             :
             Which
             PARLIAMENT
             being
             Proroged
             ,
             did
             againe
             Assemble
             at
             OXFORD
             ,
             and
             was
             called
             the
             mad
             PARLIAMENT
             ,
             which
             was
             no
             other
             than
             the
             Assembly
             of
             Rebels
             ;
             for
             the
             Royall
             Assent
             of
             the
             KING
             ,
             which
             gives
             life
             
             to
             all
             Laws
             formed
             by
             the
             three
             Estates
             ,
             was
             not
             a
             Royall
             assent
             ,
             when
             both
             the
             King
             and
             Prince
             were
             constraind
             to
             yeeld
             to
             the
             Lords
             ;
             A
             constraind
             consent
             is
             the
             consent
             of
             a
             Captive
             ,
             not
             of
             a
             King
             ;
             and
             therefore
             there
             was
             nothing
             done
             there
             either
             legall
             ,
             or
             Royall
             ;
             for
             if
             it
             be
             not
             properly
             a
             Parliament
             where
             the
             Subject
             is
             not
             free
             ,
             certainly
             ,
             it
             can
             be
             none
             where
             the
             King
             is
             bound
             ,
             for
             all
             Kingly
             Rule
             was
             taken
             from
             the
             King
             ,
             and
             twelve
             Peers
             appointed
             to
             Governe
             the
             Realm
             ;
             and
             as
             other
             Writers
             have
             it
             ,
             24
             Peers
             ,
             and
             therefore
             the
             assembly
             made
             by
             
               Jack
               Straw
            
             and
             other
             Rebels
             ,
             may
             aswell
             be
             called
             a
             Parliament
             ,
             as
             that
             at
             
               Oxford
               ,
               Principis
               nomen
               habere
               non
               est
               esse
               Princeps
               ,
            
             for
             thereby
             was
             the
             King
             driven
             ,
             not
             onely
             to
             compound
             all
             quarrels
             with
             the
             French
             ,
             but
             he
             quitted
             his
             Right
             to
             
               Normandy
               ,
               Anyou
               ,
            
             and
             
               Mayne
               .
            
          
        
         
           
             Doct.
             
          
           
             
               But
               what
               needed
               this
               extremity
               ,
               seeing
               the
               Lords
               required
               but
               the
               confirmation
               of
               the
               former
               Charter
               ,
               which
               was
               not
               prejudiciall
               to
               the
               King
               to
               grant
               ?
            
          
        
         
           
             Stud.
             
          
           
             Yes
             Sir
             ,
             but
             they
             insulted
             upon
             the
             King
             ,
             and
             would
             not
             suffer
             him
             to
             enter
             into
             his
             own
             Castles
             ;
             they
             put
             down
             the
             Purvey
             or
             of
             the
             meat
             ,
             for
             the
             maintenance
             of
             his
             house
             ,
             as
             if
             the
             King
             had
             been
             a
             Banckrupt
             ;
             and
             gave
             order
             ,
             That
             without
             ready
             money
             he
             should
             take
             up
             a
             Chicken
             ;
             and
             though
             there
             is
             nothing
             against
             the
             Royalty
             of
             a
             King
             in
             these
             Charters
             ,
             yet
             it
             is
             so
             contrary
             to
             the
             nature
             of
             a
             King
             to
             be
             forced
             ,
             even
             to
             those
             things
             which
             may
             be
             to
             his
             avantage
             ,
             as
             that
             the
             King
             had
             some
             reason
             to
             seek
             the
             dispensation
             of
             his
             oath
             from
             the
             Pope
             ,
             and
             to
             draw
             in
             strangers
             for
             his
             own
             defence
             ;
             yea
             ,
             
               jure
               salvo
               coronae
               nostrae
               ,
            
             is
             intended
             inclusively
             in
             all
             oaths
             and
             promises
             exacted
             from
             a
             Soveraign
             .
          
        
         
           
             Doct.
             
          
           
             
               But
               you
               know
               t
               is
               dangerous
               to
               call
               in
               other
               Nations
               both
               for
               the
               spoyle
               they
               make
               ,
               as
               also
               because
               they
               have
               often
               
               held
               the
               possessions
               of
               the
               best
               places
               ,
               with
               which
               they
               have
               been
               trusted
               .
            
          
        
         
           
             Stud.
             
          
           
             T
             is
             true
             Sir
             ,
             nothing
             is
             so
             dangerous
             for
             a
             King
             ,
             as
             to
             be
             constraind
             and
             held
             as
             prisoner
             to
             his
             Vassalls
             ;
             for
             by
             that
             
               Edward
            
             the
             Second
             and
             
               Richard
            
             the
             Second
             lost
             both
             their
             Kingdoms
             and
             their
             lives
             .
          
        
         
           
             Doct.
             
          
           
             
               Why
               ,
               those
               were
               both
               Deposed
               by
               Parliament
               ,
               were
               they
               not
               ?
            
          
        
         
           
             Stud.
             
          
           
             Yes
             Sir
             ,
             being
             prisoners
             ,
             and
             being
             out
             of
             Possession
             ;
             It
             is
             an
             old
             contrary
             Proverb
             (
             that
             might
             overcomes
             right
             )
             a
             weak
             title
             that
             wears
             a
             strong
             sword
             ,
             commonly
             prevails
             against
             a
             strong
             title
             that
             wears
             but
             a
             weak
             one
             ;
             otherwise
             .
             
               Philip
            
             the
             second
             had
             never
             been
             Duke
             of
             
               Millaine
               ,
            
             nor
             King
             of
             
               Naples
            
             and
             
               Sicily
            
             ;
             but
             sir
             ,
             
               errores
               non
               sunt
               trahendi
               in
               exemplam
               ,
            
             when
             I
             defend
             Parliaments
             ,
             I
             speak
             of
             peaceable
             ,
             Regall
             and
             lawfull
             Parliaments
             .
          
        
         
           
             Doct.
             
          
           
             
               What
               say
               you
               then
               to
               the
               Parliament
               held
               at
            
             London
             ,
             
               about
               the
               sixt
               year
               of
            
             Edward
             
               the
               Seconds
               time
               ?
            
          
        
         
           
             Stud.
             
          
           
             I
             say
             ,
             that
             King
             was
             not
             bound
             to
             performe
             the
             Acts
             of
             that
             Parliament
             ,
             because
             the
             Lords
             ,
             beeing
             too
             strong
             for
             the
             King
             ,
             enforced
             his
             consent
             ;
             for
             these
             be
             the
             words
             of
             our
             own
             History
             ,
             
               viz.
            
             They
             wrested
             too
             much
             beyond
             the
             bounds
             of
             reason
             ;
             and
             at
             the
             Parliament
             in
             the
             13
             year
             of
             that
             King
             ,
             the
             Lords
             that
             were
             so
             moved
             came
             with
             an
             Army
             ,
             and
             by
             strong
             hand
             surprized
             the
             King
             ,
             they
             constraind
             (
             saith
             the
             Story
             )
             the
             rest
             of
             the
             Lords
             ,
             and
             compelled
             many
             of
             the
             Bishops
             to
             consent
             unto
             them
             ;
             yea
             ,
             it
             saith
             farther
             ,
             That
             the
             King
             durst
             not
             but
             grant
             to
             all
             that
             they
             required
             .
          
        
         
           
             Doct.
             
          
           
             
               What
               say
               you
               to
               the
               Lords
               in
            
             Richard
             
               the
               Seconds
               time
               ,
               when
               he
               was
               first
               besieged
               in
               the
               Tower
               ,
               the
               Lords
               came
               to
               the
               Parliament
               ,
               and
               no
               man
               durst
               contradict
               them
               .
            
          
        
         
           
             Stud.
             
          
           
             Certainly
             in
             raising
             an
             Army
             ,
             they
             committed
             
             Treason
             ,
             and
             though
             it
             did
             appear
             that
             they
             all
             loved
             the
             King
             (
             for
             they
             did
             him
             no
             harm
             having
             him
             in
             their
             power
             )
             yet
             our
             Law
             doth
             conster
             all
             levying
             of
             War
             without
             the
             Kings
             Commission
             ,
             and
             all
             Force
             raised
             to
             be
             intended
             for
             the
             death
             of
             the
             King
             ,
             not
             attending
             the
             sequell
             ,
             so
             saith
             Sir
             
               Walter
               Raleigh
            
             ;
             but
             Mr.
             
             Doctor
             ,
             for
             this
             war
             that
             our
             present
             Parliament
             do
             maintain
             ,
             I
             must
             tell
             you
             ,
             that
             you
             must
             take
             this
             for
             a
             generall
             rule
             ;
             That
             the
             immortall
             Policy
             of
             a
             State
             ,
             cannot
             admit
             any
             Law
             or
             Priviledge
             whatsoever
             ,
             but
             in
             some
             particular
             or
             other
             ,
             the
             same
             must
             necessarily
             be
             broken
             ;
             therefore
             I
             hold
             not
             Sir
             
               Walters
            
             opinion
             for
             good
             Law
             in
             the
             case
             of
             our
             times
             ;
             for
             the
             supreme
             reason
             beares
             out
             their
             practise
             of
             many
             things
             without
             the
             advise
             of
             the
             Law
             ;
             and
             where
             the
             Law
             by
             forecast
             hath
             not
             provided
             remedies
             for
             future
             dangers
             ,
             Parliaments
             are
             forced
             to
             assist
             themselves
             by
             their
             Priviledges
             :
             And
             besides
             ,
             who
             can
             shew
             a
             greater
             Right
             or
             Title
             to
             the
             exposition
             of
             that
             Statute
             ,
             and
             determining
             what
             is
             a
             levying
             of
             War
             within
             that
             Statute
             ,
             and
             what
             not
             ;
             then
             those
             that
             can
             expound
             with
             the
             same
             authority
             that
             the
             thing
             expounded
             was
             made
             by
             ;
             however
             I
             am
             sure
             ,
             That
             as
             those
             Parliaments
             wherein
             the
             Kings
             of
             this
             Land
             have
             satisfied
             the
             people
             ,
             have
             beene
             ever
             prosperous
             both
             to
             King
             and
             people
             ;
             so
             where
             Kings
             have
             restrained
             the
             House
             ,
             the
             contrary
             hath
             hapned
             .
          
        
         
           
             Doct.
             
          
           
             
               Well
               Sir
               ,
               but
               is
               it
               not
               the
               best
               way
               to
               compound
               a
               Parliament
               of
               the
               Kings
               servants
               and
               others
               ,
               that
               shall
               in
               all
               obey
               the
               Kings
               desires
               ?
            
          
        
         
           
             Stud.
             
          
           
             Certainly
             no
             ,
             for
             it
             hath
             never
             succeeded
             well
             on
             the
             Kings
             part
             ,
             nor
             on
             the
             Subjects
             ;
             for
             from
             such
             a
             composition
             do
             arise
             all
             jealousies
             and
             all
             contentions
             ;
             it
             was
             practised
             in
             elder
             times
             ,
             to
             the
             great
             trouble
             of
             the
             Kingdome
             ,
             and
             to
             the
             losse
             and
             ruine
             of
             many
             ;
             In
             later
             times
             
             't
             was
             used
             by
             King
             
               Hen.
            
             the
             eight
             ;
             but
             every
             way
             to
             his
             disadvantage
             ,
             when
             the
             King
             leaves
             himself
             to
             his
             people
             ,
             they
             assure
             themselves
             that
             they
             are
             trusted
             and
             beloved
             of
             their
             King
             ;
             and
             there
             was
             never
             any
             people
             so
             barbarous
             ,
             as
             not
             to
             answer
             the
             love
             and
             trust
             of
             their
             King
             .
          
        
         
           
             Doct.
             
          
           
             
               Well
               Sir
               ,
               notwithstanding
               all
               this
               ,
               who
               dares
               to
               advise
               a
               King
               to
               call
               a
               Parliament
               ;
               for
               if
               it
               should
               succeed
               ill
               ,
               those
               that
               advised
               the
               King
               to
               it
               ,
               should
               fall
               into
               the
               Kings
               disgrace
               ;
               and
               if
               the
               King
               be
               driven
               into
               any
               extremity
               ,
               they
               can
               say
               to
               the
               King
               ,
               that
               because
               we
               found
               it
               extreamly
               unpleasing
               to
               his
               Majesty
               to
               hear
               of
               a
               Parliament
               ,
               we
               thought
               it
               no
               good
               manners
               to
               make
               such
               a
               motion
               .
            
          
        
         
           
             Stud.
             
          
           
             As
             to
             the
             first
             part
             of
             your
             excuse
             ,
             let
             me
             tell
             you
             ;
             that
             there
             was
             never
             any
             just
             Prince
             that
             hath
             taken
             any
             advantage
             of
             the
             successe
             of
             Counsells
             ,
             which
             have
             bin
             founded
             upon
             reason
             ;
             to
             fear
             that
             ,
             were
             to
             fear
             the
             losse
             of
             the
             Bell
             more
             then
             the
             losse
             of
             the
             Steeple
             ;
             and
             were
             also
             the
             way
             to
             beate
             all
             men
             from
             the
             study
             of
             the
             Kings
             service
             :
             But
             for
             the
             second
             part
             of
             your
             excuse
             ,
             where
             you
             excuse
             your self
             upon
             the
             Kings
             protesting
             against
             a
             Parliament
             ;
             let
             me
             tell
             you
             ,
             that
             the
             King
             upon
             better
             consideration
             may
             encounter
             that
             finesse
             of
             yours
             ;
             therefore
             't
             will
             be
             better
             for
             a
             King
             to
             trust
             his
             own
             reason
             and
             excellent
             judgement
             ,
             which
             have
             not
             deceived
             him
             in
             any
             thing
             wherein
             His
             Majesty
             hath
             imployed
             them
             ;
             
               take
               counsell
               of
               thine
               heart
            
             saith
             Salomon
             ,
             
               for
               their
               is
               none
               more
               faithfull
               unto
               thee
               then
               it
               .
            
          
        
         
           FINIS
           .