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IT is necessary to state the question rightly, * 1.1 and to set down the true difference between your Lordships and us. Now indeed there is no difference or question between your Lordships and us, concerning this additional Clause in the nature and quality of a Proposition; For so con∣sidered, we say it is most true, and to be received and embraced by us, in toto & qualibet parte & qualibet syllaba, yea, and were that the
question, we should add to the addition, and in∣stead of due regard, say we have had, and ever will have a special and singular regard, where to leave entire Sovereign power: but this were to intimate, as if we had first cropt it, and then left; but our regard was to acknowledge and confess it sincerely, and to maintain it constant∣ly, even to the hazard of our Goods and Lives, if need be.
To which purpose your Lordships may be pleased to remember that strict Oath every Mem∣ber of our House hath taken this very Session, in these words, I (A. B.) do utterly testifie and declare in my conscience, That the Kings Highness is the Supream or Sovereign Governour of this Realm in all Causes, &c. and to my utmost power will assist and defend all Jurisdictions, Priviledges, Prehemi∣nences and Authorities, granted or belonging to the King's Highness, or united, or annexed to the Im∣perial Crown of this Realm, &c.
So that your Lordships need not to borrow from our Protestations any Exhortations to us, to entertain a Writing in assistance of the King's Sovereign power, since we stand obliged by the most sacred Bond of a solemn Oath, to assist and defend the same, if cause and occasion so re∣quired; So that the only question between your Lordships and us, is, whether this Clause should be added to our Petition, and received into it as part thereof, which to do, your Lordships rea∣sons have not perswaded us, because so to admit it, were to overthrow the Fabrick and substance of our Petition of Right, and to annihilate the Right pretended by us and the Petition it self in effect: For these words being added to our Peti∣tion (viz.) we humbly present this Petition, &c. with due regard to leave entire your Sovereign power, &c. do include manifestly an exception to our Petition, and an Exception being of the nature of the thing whereunto it is an Excepti∣on, Exceptio est de regula, must of necessity de∣stroy the Rule or Petition, so far as to the case ex∣cepted; Exceptio firmat regulam in casibus non ex∣ceptis, in casibus exceptis destruit regulam: Then this construction followeth upon our Petition thus inlarged, that after we have petitioned, that no freeman should be compelled by imprison∣ment to lend or contribute Money to his Majesty without his assent in Parliament, nor receive against his will, Souldiers into his House, or un∣dergo a Commission of Marshal Law, for Life or Member in time of Peace, we should add, ex∣cept his Majesty be pleased to require our Mo∣neys, and imprison us for not lending, and send Souldiers into our Houses, and execute us by Marshal Law in time of Peace, by vertue of his Sovereign power: which construction, as it fol∣loweth necessarily upon this enlargement, so it concludeth against our Right in the Premisses, and utterly frustrateth all our Petition; neither may it seem strange, if this clause additional (which of it self in quality of a proposition we confess) being added to our Petition (which also is true) should overthrow the very frame and fabrick of it, seeing the Logicians take knowledge of such a fal∣lacy called by them, Fallacia à bene divisis ad male conjuncta. Horace the Poet giveth an instance to this purpose, in a Painter, who when he had paint∣ed the head of a man according to Art, would then joyn to it the neck of a horse, and so mar the one and the other; whereas each by it self might have been a piece of right good workmanship.
The second Branch of my Lord Keepers ratio∣nal part, was enforced out of the last words of this addition, by which his Lordship said, that they did not leave intire all Sovereign power, but that wherewith his Majesty is trusted for the pro∣tection, safety, and happiness of the people; as if his Lordship would infer, that Sovereign power wherewith, &c. in this place to be Terminum dimi∣nuentem, a term of diminution or qualification, and in that consideration might induce us to ac∣cept it. But under his Lordships correction, we cannot so interpret it: For first we are assured, that there is no Sovereign power wherewith his Majesty is trusted, either by God, or man, but only that which is for the protection, safety, and hap∣piness of his people; and therefore that limita∣tion can make no impression upon us: but we conceive it rather in this place to have the force Termini adaugentis, to be a term of important ad∣vantage, against our Petition▪ a Term of restri∣ction, and that wheresoever his Majesties Sove∣reign power should be exercised upon us; in all and every the particulars mentioned in the Peti∣tion, we should, without further enquiry, submit thereunto, as assuming and taking it pro concesso, it induced to our safety and happiness, &c. Since therefore (as the Petition is now conceived) it carrieth the form and face of a picture, which re∣presenteth to the life the pressures and grievances of the people, with the easie remedies; and there∣fore we hope that his Majesty, casting upon it a gracious eye, will compassionate his poor Loyal Subjects, and afford a comfortable Answer.
I do humbly pray your Lordships not to marr or bl••mish the grace and face of this picture with this unnecessary Addition; and unnecessary I prove it to be, according to that Rule, Expressio ejus quod tacite inest nihil operatur. And Sove∣reign power, in cases where it hath place, ought to be used, is alwaies necessarily understood, and though not expressed, yet supplied by rea∣sonable intendment, or by the opinion of all Learned men.
And therefore, as it neither is, nor can be by us expresly included, especially in this Petition, where the Addition thereof would make such a confusion of the whole sense and substance.
The King's Sovereign power and Prerogative is alwaies able to save it self, and if it were not, we must, without this Addition, save it to our utmost powers, if we will save our Oath, and save ourselves. The true state of the cause thus standing between your Lordships and us, the House of Commons doth not a little marvel up∣on what grounds your Lordships are so earnest to urge upon them this addition to be inserted into their Petition, they nothing doubt, but the same proceeded out of a sollicitude and fear which your Lordships have, lest otherwise the simple and absolute passage of this petition might be construed hereafter in prejudice of his Maje∣sties Sovereign power: And this your Lordships sollicitude and fear, proceedeth from your love, as the Poet saith,
Res est solliciti plena timoris Amor.
But I humbly pray your Lordships to examine with us, the grounds of this your sollicitude and fear, which grounds must needs be laid either upon the words of the Petition, or the intenti∣on of the Petitioners.
Upon the words there is no possibility to lay them, for therein is no mention made of the So∣vereign power; and were the words doubtful, as thus, We pray the like things be not done here∣after, under pretext of your Majesties Sovereign power; yet in respect of the protestations pre∣ceding,
concomitant and subsequent to the Peti∣tion, such doubtful words ought reasonably to be interpreted only of such Sovereign Power as was not applicable to the Cases wherein it was exercised; and of such Sovereign Power as should be justly practised: but there are no such doubt∣ful words, and therefore it followeth, that your Lordships fear and sollicitude must be ground∣ed upon the intention of the Petitioners. Now your Lordships well know, that the House of Commons is not ignorant, that in a Session of Parliament, though it continue so many weeks, as this hath done daies, yet there is nothing prius & posterins, but all things are held and taken as done at one time; if so, what a strange Collecti∣on was this, that at the same time the House of Commons should oblige themselves, by a fearful adjuration, to assist and defend all Priviledges and Prerogatives belonging to the King, and at the same time by a Petition (cautiously convey∣ed) endeavour or intend to divest and deprive the King of some Prerogatives belonging to his Crown? If therefore such fear and sollicitude can neither be grounded upon the words of the Petition, nor intention of the Petitioners, I humbly pray your Lordships to lay them aside: as we do believe that the Proposition of this Ad∣dition from your Lordships, was not only excu∣sable, but commendable, as proceeding from your love: So now having heard our Reasons, your Lordships would rest satisfied, that our re∣fusal to admit them into our Petition, proceed∣eth from the conscience of the integrity and up∣rightness of our own hearts, that we in all this Petition have no such end to abate or diminish the King's just Prerogative. And so much in re∣ply to that Rational part, whereby my Lord Keeper laboured to perswade the entertainment of this Addition.
This being done, it pleased the House of Com∣mons to instruct and furnish me with certain Reasons which I should use to your Lordships, to procure your absolute conjunction with us in pre∣senting this Petition; which albeit I cannot set forth according to their worth, and the Instru∣ctions given me by the House; yet, I hope, their own weight will so press down into your Lord∣ships Consciences and Judgments, that without further scruple, you will chearfully vouchsafe to accompany this Petition with your right noble presence.
A personis. The first Argument wherewith I was commanded to move your Lordships, was drawn from the consideration of the Persons which are Petitioners, the House of Commons; a House, whose temper, mildness, and modera∣tion in this Parliament hath been such, as we should be unthankful and injurious to Almighty God, if we should not acknowledge his good hand upon our tongues, upon our hearts, pro∣cured, no doubt, by our late solemn and pub∣lick Humiliation and Prayers.
This moderation will the better appear, if, in the first place, we may be remembred, in what passion and distemper many Members of this House arrived thither, what bosoms, what pockets full of complaints and lamentable grie∣vances the most part brought thither, and those every day renewed by Letters and Packets from all parts and quarters: You know the old Pro∣verb, Ʋbi dolor ibi digitus, ubi amor ibi oculus; it is hard to keep our fingers from often handling the parts ill affected; but yet our Moderation overcame our Passion, our Discretion overcame our Affection.
This Moderation also will the better appear, if in the second place it be not forgotten, how our Ancestors and Predecessors carried them∣selves in Parliaments, when upon lighter provo∣cations, less would not serve their turns, but new severe Commissions to hear & determine offences against their Liberties, publick Ecclesiastical Curses, or Excommunications against the Au∣thors or Actors of such violations, accusations, condemnations, executions, banishments. But what have we said all this Parliament? we only look forward, not backward: we desire amend∣ment hereafter, no man's punishment for ought done heretofore; nothing written by us in blood, nay, not one word spoken against any man's per∣son in displeasure. The conclusion of our Petitionis, that we may be better intreated in time to come: And doth not this moderate Petition deserve your Lordships chearful conjunction, ex congruo & condigno? If a Worm being trodden upon, could speak, a Worm would say, Tread upon me no more, I pray you: Higher we rise not, lower we cannot descend; and thus much we think in modesty may well be spoken in our own commendation, thence to move your Lordships to vouchsafe us your noble company in this Petition, without surcharging it with this Addi∣tion.
Atempore. Our next Argument is drawn à tem∣pore, from the unseasonableness of the time. The Wise man saith, There is a time for all things un∣der the Sun. Tempus suum; and if, in the wise man's judgment, a word spoken in its due time be precious as Gold and Silver, then an unsea∣sonable time detracts as much from the thing or word, done or spoken: We hold (under your favours) that the time is not seasonable now for this Addition; it is true, that of it self, Sove∣reign power is a thing alwaies so Sacred, that to handle it otherwise than tenderly, is a kind of Sacriledge, and to speak of it otherwise than re∣verently, is a kind of Blasphemy; but every vulgar capacity is not so affected, the most part of men; nay, almost all men, judge and esteem all things, not according to their own intrin∣sick vertue and quality, but according to their immediate effects and operations, which the same things have upon them: Hence it is, that Religion it self receiveth more or less credit or approbation, as the Teachers or Professors are worse or better; yea, if God himself send a very wet Harvest or Seed-time, men are apt enough to censure Divine Power: The Sove∣reign power hath not now, for the present, the antient amiable aspect in respect of some late sad influences, but by God's Grace it will soon recover.
To intermix with this Petition any mention of Sovereign power, rebus sic stantibus, when an∣gry men say, Sovereign power hath been abused, and the most moderate wi••h it had not been so used, we hold it not seasonable, under your Lord∣ships correction.
Aloco. Our next Argument is drawn à loco: we think the place where your Lordships would have this Addition inserted (viz.) in the Peti∣tion, no convenient or seasonable place; your Lordships will easily believe, that this Petition will run through many hands, every man will be desirous to see and to read, what their Knights and their Burgesses have done in Parliament up∣on their complaints, what they have brought
home for their five Subsidies; If, in perusing of this Petition, they fall upon the mention of So∣vereign power, they presently fall to arguing and reasoning, and descanting, what Sovereign power is, what is the Latitude, whence the Original, and where the Bounds? with many such curious and captious questions; by which course, Sove∣reign power is little advanced or advantaged; for I have ever been of opinion, that it is then best with Sovereign power, when it is had in ta∣cite veneration, not when it is profaned by pub∣lick hearings or examinations.
Our last Argument is drawn from our Duty and Loyalty to his Majesty, in consideration whereof, we are fearful at this time to take this Addition into our Petition, lest we should do his Majesty herein some disservice: with your Lord∣ships we make the great Council of the King and Kingdom; and though your Lordships, having the happiness to be near his Majesty, know other things better, yet certainly the state and condi∣tion of the several parts for which we serve, their dispositions and inclinations, their appre∣hensions, their fears and jealousies, are best known unto us: and here I pray your Lordships to give me leave to use the Figure called Reticentia, that is, to insinuate and intimate more than I mean to speak: Our chief and principal end in this Parliament is, to make up all Rents and Breaches between the King and his Subjects, to draw them, and knit them together, from that distance, whereof the World abroad takes too much no∣tice, to work a perfect union and reconciliation: how unproperly and unapt at this time this Addi∣tion will be in respect of this end, we cannot but foresee, and therefore shun it, and do re∣solve, that it is neither agreeable to the persons of such Counsellors, of whom we are, nor an∣swerable to that Love and Duty which we owe to his Majesty, to hazard an end of such unspeaka∣ble consequence, upon the admittance of this Addition into our Petition, whereof (as we have shewed) the omission at this time can by no means harm the King's Prerogative, the ex∣pression may produce manifold inconveniences: and therefore since the admittance of your Lord∣ships Addition into our Petition, is incoherent and incompatible with the body of the same; since there is no necessary use of it for the saving of the King's Prerogative; ••ince the moderation of our Petition deserveth your Lordships chear∣ful conjunction with us; since this Addition is unseasonable for the time, and inconvenient in respect of the place where your Lordships would have it inserted; and lastly, may prove a disser∣vice to his Majesty: I conclude with a most af∣fectionate prayer to your Lordships, to conclude with the House of Commons, in presenting this Petition to his Sacred Majesty, as it is, without this Addition.
Sir H••••. Martin's Speech, as to the ra∣tional part of the matter of the Con∣ference.