The government of the people of England precedent and present the same.:

The Government of the people of England precedent and present, the same.

THe Government of the people of England pre∣cedent and present, is the same; and there∣fore the Subscription now made or requi∣red, is just and lawfull. For the manifest∣ing of which truth it will be necessary to know what Government is.

Now Imperium est jubendi prohibendique potestas, Govern∣ment is a power to command, or prohibit others, which command or prohibition they ought to obey, or for diso∣bedience to he punished.

This Government the Civilians divide into Summum libe∣rum & merum imperium, & mixtum, the chiefe free and meere command, and mixt: Now of the chiefe free and meer com∣mand, there are no bounds for that, where that power is, it may appoint, decree, ordain, act, doe or command, above, contrary, or besides the Lawes, it onely and alone maketh, abrogateth, interpreteth, and confirmeth Lawes, which from the beginning and of ancient time resideth in the peo∣ple onely, as saith Tholosanus, l. 47. c. 20. S. 8. and Da∣neus, l. 1. polit. c. 4. saith, Populus suo Magistratu prior est tempore, natura, & dignitate, quia populus magistratum constituit, & quia populus sine Magistratu esse potest, sed Magistratus sine populo non potest esse, i. e. The people are first in time, nature, and dignity, before their Magistrate, because the people make the Magistrate, and because the people can be without a Magistrate, but a Magistrate cannot bee without a people; and Stephanus Brutius vindiciae contra Ty∣rannos, quaest. 3. saith, Reges sunt à populo, & sunt constituis causa populi, Kings or Governours are from the people, and are appointed for the peoples sakes.

And the same Tholosanus, lib. 47. c. 20. s. 9. setteth downe how the same was transferred from the people, where hee saith, Regia lex de imperio lata est per quam potestas à populo in principens translata est, (that is to say) the Kingly Law of the Empire, (viz. the Romane Empire) was that by which the power of the people was transferred to the Prince.

Which Law hee supposeth to have beene made when the people granted all their power to Augustus Caesar, and citeth Zonarus to that purpose, and saith further, Plena fuit illa lex & sine aliqua reservatione, i. e. That Law was absolute and full without any reservation to the people.

Which Law never extended it selfe to the Government of England, neither was England ever governed by the will and pleasure of any one man; let us therefore examine who commandeth and forbiddeth, here in England, clearly the Lawes, which Government Aristotle, lib. 3. polit. c. 7. prefer∣reth afore all other, saying, Nihil ita ratum & firmum esse ut leges rectae & salutares, & lex sine affectu regit, but goeth on penes eum qui praeest sive sit unus sive pluret iis de rebus statuendi arbitrium volo de quibus leges cumulate & accurate loqui non possunt.

Which is the very Government here in England, for the power of commanding and forbidding the people of Eng∣land, is in the lawes onely, and none other, and that appea∣reth plainely by the daily practise amongst the people, as well before these times, in the times of those called Kings and Queens, as at present. All the commands or prohibitions that then came, or now do come to the people, were and are appointed, directed, and set downe by the Lawes of England; so that if any King or Queen did command or prohibit any thing, or in any other manner then the Laws directed it, was void, and the people were not bound to obey; yea, if they did obey it, and thereby there were any prejudice, damage, or offence done to the publike Government, or to any private person, they were to be punished, for that no King or Queen could alter the Lawes without consent of the people, and so doe our Law-Books plentifully testifie; nay, they could not alter the forme, and therefore if they varied but from the

forme prescribed by Law, the command or prohibition did not oblige or binde the people to obey the same, a great part of which forme is prescribed and particularly set downe in an ancient Book called, The Register of Writs (but indeed is the Register of the commands and prohibitions) the Lawes of this Nation, according to the severall cases, causes, and complaints of the people.

Other parts of the Commands not therein comprised, given and appointed by the Lawes, are by the Common Lawes and Statutes also particularly directed, and the King, Ex merito Justitae debitae, ought to grant, award, and issue those Commands or Prohibitions to the people for their reliefe. Co. Magna Charta, 269.

And to prevent a defect of Justice for want of a particular command or prohibition, according to the peoples varying cases by the Statute of Westm. 2 cap. 24. it is provided, Et quotiescunque de caetero evenerit in cancellar quod in uno casu re∣peritur breve & in consimili casu cadente sub codem jure simili indigente remedio non reperitur, concordent clerici de cancellaria in brevi faciondo vel atterminent querentes in prox. Parliamentum & scribantur casus in quibus concordari non possunt & referant eos ad prox. Parliamentum & de consensu jurisperitorum fiat breve ne contingat de caetero quod antea Domini Regis deficiat conque∣rentibus in justitia perquirenda idonea. And whensoever from henceforth it shall fortune in the Chancery, that in one case, a Writ is found, and in like case, falling under like Law, and requiring like remedy is found none, the Clerks of the Chancery shall agree in making the Writ, or the Plaintifs may adjourne it untill the next Parliament, and let the case be written in which they cannot agree, and let them referre themselves untill the next Parliament, by consent of men learned in the Law, a Writ shall be made, lest it might happen after that the Court should faile to minister Justice unto Complainants.

But it must be in the like case, for if it be otherwise, it must be framed and provided by the people themselves by their Representatives in Parliament, whereupon Bracton sayes, lib. 1. cap. 2. Si aliqua nova & inconsueta emerserit quae nunquam

prius evenerunt, & obscurum & difficile sit corum Judicium, tunc ponantur Judicia in respectu usque ad magnam curjam ut ibi pet. consilium curiae terminet: So that these severall supplies of learned Clerkes of Chancery, and of the wise and learned men of Parliament doe compleatly provide, quod curia non debet deficere conquerentibus in Justitia exhibenda.

And it is true that those commands and prohibitions may be altered, repealed or expounded, or other made by the people only, that is by their Representatives in Parliament, in such manner as might seeme fittest and best for their bene∣fit, quiet, and safety, where alwayes was to be observed that ancient Rule, Salus popu'i suprema lex esto.

Which forme of Government suiteth in all things with that so much applauded by the Philosopher, and by him preferred before others.

And the truth is, the Kings and Queenes that sent forth the Commands or Prohibitions heretofore, were but Depu∣ties to the Lawes, to send, or as Conduit pipes, to convey the same Commands or Prohibitions that the Lawes direct∣ed; so that here in this Nation the opinion of Antigonus is verified, Regnum nihil aliud est quum nobilis servitus; and that other opinion, Reges cum jubent socundum leges sunt legis ministri.

And that is apparently manifested to be true by a familiar example, viz. A Master of a Family having divers sonnes and servants, directeth his eldest sonne or chiefe servant, that whereas one other of the servants oweth to his fellow-ser∣vant 10. 1. or hath beaten his fellow-servant, that he com∣mand that servant so owing the 10. l. or hath beaten his fellow-servant, that he pay the 10. l. or make satisfaction to his fellow-servant for the battery, upon pain of being turned out of his service, which the sonne or chiefe servant doth accordingly: In this case the Governor or Comander is the Master of the Family, and it is his Command, Qui per aliud facit per seipsum facere videtur, and the eldest sonne or chiefe fervant but the instrument hee imployeth. Verbum sapienti sat est.

And that they were but Ministers, Officers, and Servants,

to the Common-wealth, appeareth as well by their admis∣sion thereunto at the time of their Coronation, by the suf∣frages of the people, as also by the Oath they then used to take for the due performance thereof, which is the usual manner of making and constituting all other Officers and Ministers to the Common-wealth.

Now the Common-wealth, Cicero, lib. 3. de Republica, de∣fineth thus, Rempublicam esse rem populi, populus autem esse non omnis coetus multitudinis, sed coetus juris concensu & utilitatis com∣munione consociatus.

And therefore I conceive the words Kingly Office in the late Act for the abolishing thereof, is very proper, if they could properly be called Kings, for the reasons afore re∣membred; and then, if but Officers, it will follow by good consequence, they are removeable by the people, viz. their Representatives (who make them) at their pleasure, or at least upon miscarriage in their Office to the dammage of the Common-wealth; so it hath been heretofore put in ure in former ages, viz. Edw. 2. Removed, and his sonne Edward then appointed Custos Regni. And so Richard 2. displaced by the people, and Hen. 4. then Duke of Lancaster appointed in his stead. And this touching the Government of this Nati∣on of England, when there is no Parliament sitting, is cleare to all from the constant usage continually from time to time continued, and at this time is continued the same. But as touching the time when there is a Parliament fitting, which is that afore-mentioned by the Philosopher, Cum de Rebus Leges Cumulate & accurate loqui non possunt, is the more difficult question, which also upon serious examination will appeare, that even the Government then, is, and ever was, or ought to have been solely in the people, as touching the altering or abrogating any of the old Lawes, or constituting of new, which is the prime and principall cause and occasion of convoking a Parliament, Scil. circa ardua Regni, as the Writ of Summons to Parliament expresseth it.

And as touching the Government by Kings, Lords and Commons, scil. in time of Parliament, it is fitly divided into two questions.

First, whether the King had any interest in the Govern∣ment in time of Parliament, viz. of altering or abrogating former lawes, or making of new.

And that is cleare, that he had not, which appeareth first by his Office and Oath to performe the same, which is that he will grant and consent unto such Lawes, Quas populus elegerit, which must be construed, which the people shall choose, or else it is a non-sence, the former part of the Oath being, that he will governe by and according to the Lawes of the Land. And it is also so expounded by 25. E. 3. Statut. de provisoribus, the words whereof are these, La Ley de dit Roylme est tiel que sur mischeife et dammages que aveignont al Roylme Roy doit et est tenus per son serement de la consent de son people in Parliament ent faire Remedy et ley en oustant les Mischeifes et Dammages. And so also is Co. M. C. pag. 586. and then the King could have no negative voice rightfully and by Law, it being contrary to the Law and his said Oath.

And if not the King, then a fortiore, not the Lords, they being not so much as Officers of the Common-wealth, and had nothing there to doe, as may seeme for the publique, but for their private interest to save them.

And it is agreed in our books, that an Act of Parliament may passe, and be valid without consent of the late Lords, called Spirituall, 7. H. 8. Cr. 184. b. Co. Jurisd. 25. and yet Co. Jurisd. 1.2. calleth them one of the three Estates, and saith, that they must necessarily be summoned to Parliament aswel as the Lords Temporall.

And truely the Case cited Co. Jurisd. pag. 25.13. H. 4. N. 20. proveth plainly, that a Parliament might be with∣out the Lords Temporall also, for there he saith, I have read of a Restitution in bloud and of Lands, of one William de Lasenby, by the King, by the assent of the Lords Spirituall, and Commons (omitting the Lords Temporall) whereup∣on he saith, This we hold is an Ordinance, and no Act of Parliament, which under his good favour must be an Act of Parliament, or else is of little or no use, for an Ordinance indureth, and is of force onely sitting that Parliament, and

that determined, the Ordinance is determined, and so the re∣stitution void, and also a restitution in blood can onely be by Act of Parliament, which bindeth all; and this restitu∣tion is to binde the meane Lords, and all others that are a∣ny wayes interessed by that corruption of bloud.

However, since all Government is in the people, from the people, and for the people, touching altering or abroga∣ting of Lawes, or making of new, which none can doe without them, and that they are now met by their Representatives in Parliament, the place where the cure of such grievances, as infest the people, is to be had, some of which grievances being that pretended Negative Vote both of King and Lords, thereby thwarting, crossing, and opposing the application of such wholsome Medicines as might probably recover the Patient, the Common-wealth, they must in all justice remove them as the cause thereof, or else no hope of recovery. Pereat unus ne pereat unitas.

And that grievance of the Negative Vote, if not removed, was fatall, and would have ruined all, as thereby hindering of all applications for recovery, which was too much veri∣fied and manifested, when the last yeare was a Warre very eminently dangerous to the whole Parliament and people here, and that by the continuance of the Royall Party, Scots and Ormond, the Lords then sitting in Parliament, in that extremity, refused to declare with the Commons, that the Scots were enemies to the Kingdome, and being then severall times requested to give their concurrence for Counties to arme themselves, they then making use of, rather abusing their Negative Vote, utterly refused, which tended to the utter ruine and destruction of Parliament and people.

And besides, many of the grievances to the people, issuing from King and Lords, could not otherwise be cured then by taking them away, the one not regarding his Oath, and the other not esteeming the publique good, as they ought to have done. Especially, the Kings of England, having all the late Lords, called Spirituall, at their beck and command then, being under their power, to place and displace at their pleasure, or at least to prefer them; and also pretending to

have power to make as many Lords of Parliament as they pleased, for that therein imitating the policy of the Pope in the late Councell of Trent, in making titular Bishops at his pleasure, they were thereby as able to carry all things in the House, called the Lords, touching the Civill State, at their pleasure, as the Pope was in that Councell, to carry on things touching the State Ecclesiasticall.

And we see that by Act of Parliament made by consent both of King and Temporall Lords this present Parliament, the Lords then called Spirituall, were secluded from Parlia∣ment, and their Votes and Sitting in the House, then called the Lords, were quite taken away.

And since that time, and before the taking away the Vote from the Temporall Lords, many Acts of Parliament have beene made, and esteemed as well by the Temporall Lords as the Commons, and all others to be valid, effectu∣all, and of force to binde the people, and yet the Spirituall Lords are called one of the three Estates, Co. Jurisd. 2.

And herein is no prejudice to the Publique, because the people may now freely and fully act for the publique good without any opposition, and that is the principall end of meeting in Parliament: Neither is there any prejudice to the Lords, for what is there acted for the Publique good, must also necessarily extend to them, and they be partakers thereof as well as any others.

Yea, if there were some prejudice to the private, yet that ought to be endured, to accommodate the Publique, Pub∣lica & communis utilitas est praeferenda privatae. And if we ex∣amine the first and true Constitutions of Parliaments, the Lords never had that power of the Negative Vote, thereby to frustrate the good Lawes intended for the Publike; for anciently the Commons and they sate together, as Co. Juris. l. 1. tit. Parliament. and then the number of Lords being but small and inconsiderable, in respect of the number of the Commons, their Negative could not much harme, for that it is probable, and to be presumed, that the number of the good Zelots for their Countrey, both of Lords and Com∣mons, would much exceed the opposite number.

So that in substance touching Parliament affaires, there is the same Government at this present, as of right it was or ought to have been heretofore: And as touching Govern∣ment in all other things, there is no more change betwixt Carolus, &c. and Custodes libertatis Angliae Authoritate Par∣liamenti, then there was betwixt Elizabetha, &c. and Jaco∣bus, &c. for that the Lawes were and are the Governours, and not they, as hath been plainly demonstrated before.

And for further proofe that the Government of this Na∣tion is by the Lawes and themselves, the late yeares now last past experience doth manifest it, during which time King Charles transported with Passion, and inraged with fury, that the people would not permit him to introduce the Mo∣narchicall Government, that is, to command and prohibit what and how he pleased, was not in fit case to act the part or office of a King of England, yet during that time the Law governed the people and onely used his name, pro forma, in its commands and prohibitions, which compared to times of peace before, will appeare to be the same; or if any diffe∣rence be, it was that in those times of his discontent, the Government was more just and beneficiall for the people, the Lawes their Governours, being then more free from straining, misconstruing, and perverting, then formerly: So that from these premises I may safely conclude, That the Government of the people of England precedent and present is the same; For parum differunt quae Re Concordant.

Under which popular Government our Ancestors have lived happily hundreds of years, which if experience did not testifie here what Bodin saith in his Book De Rep. lib. 6.702. a. himselfe a Frenchman borne, bred, and employed under a Monarchicall Government, as of late times it hath beene used, one I dare say will not flatter in this case; his words are these, Libertus autem illa quam in popularibus Imperiis tan∣topere vigere putant in eo maxime versatur ut suis quisque bonts uxore liberis tranquille fruatur, nec sibi aut suis ulla vis infera∣tur aut si fuerit illa vindicetur.

But further, to manifest to all the world, that neither the precedent Kings here, had not, or claimed not that Nega∣tive

Vote lately pretended to by the late King, and also the inevitable danger, yea ruine of the people, if they should have had it and used it, I shall instance in some disceases procu∣red by Kings, and shall shew you how they have been cured; and I shall onely remember such as are probatum•• in Print, and in every mans hands, beginning with Magna Ch••rta, setting downe the disease, by whom procured, and how cu∣red, following the series of time for my Method. King Henry the third entertaining into his grace and favour Peter Bi∣shop of Winchester, an evill man, and relying on him for the managing the Estate, he chooseth unto him a man like him∣selfe Peter de Rivallis, who draw the King into an evill opi∣nion of his people, in whose time, and by whose meanes Iudicia Committuntur injustis, leges exlegibus, pax discordantibus, justitia injuriosis, perswading the King to reject in passion the just Petitions of his Subjects. These two being displaced, the King entertaineth others as bad as they, who exact of whom they please, what they please, set prices on all Offices, rayne the Law within the rule of their owne breasts; the Great, they inforced not to obey, but serve; and the Meane, to live so as they might justly say they had nothing: The distemper then grew so high, that even the Patients themselves pra∣ctise upon each other, not by advice of Physick, but by the rage of fury, entring into Civill Warre, blooding themselves till they almost fainted: At last a Physician is thought on, a Parliament is called, wherein divers wholsome Medicines are provided against divers diseases raging and raigning at that time, the King and his Courtiers having endeavoured to enslave all, this Physician directs this Recipe of Cha. liber∣tatum, to restore all to their former liberties: Thus you have the generall disease, the cause, and cure, the particulars fol∣low, viz. Churchmen had formerly been oppressed by the Kings Officers by unjust exactions, the cure is, Quod Ecclesia Anglicana libera sit, cap. 1.

The Subject was oppressed by the Kings Officers and Mi∣nisters, under pretence of taking Rationabile Relevium, which they hold every taking to be, were it never so unreasonable, the cure is by putting it in certain, as it formerly had been, cap. 2.

The Possessions of the Archbishops, Bishops, and other Ecclesiasticall persons of the Kings foundation, were by the Kings Officers much wasted, during the Kings possessing them in vacancy, the cure is cap. 5.

The Subjects were oppressed by the Kings Officers, in sei∣sing possessions of great value for petty debts due to the King when they might have levied it otherwise, without much dammage t•• the Subject; or else in taking the Pledge when the Principall was sufficient and this is cured, cap. 8.

The Subject was oppressed by grievous amerciaments, imposed by the Kings Ministers, and others, this is cured, cap. 14.

In the Reigne of King Iohn, and his elder brother King Richard, divers oppressions, exactions, and injuries were in∣croached upon the Subject for making Bulwarks, Fortresses, Bridges and Bancks contrary to I aw; which is cured, cap. 15.

The Kings Officers and Ministers, Sheriffe, Constable, Coroner, and other his Bailifs, ignorant, unlearned men in the Lawes of the Land, under pretence of more speedy justice, though in truth for lucre of gaine presumed to hold Plea in matters of life, whereby oft the innocent suffered, and the nocent escaped, this is cured, cap. 17.

A debtor to the King dying, possessed of a great personall estate, his Officers upon pretence seised all into their hands for a small debt, and oftentimes onely upon pretence of a debt, where in truth there was none due, whereby the Wid∣dow and Orphans were deprived of meanes of living, and this under pretence of diligent care to levy the Kings debts, and this is cured cap. 18.

Purveyance of Carts by the Kings Officers was a great grievance in taking, without paying for the same, or in ta∣king where they ought not to take, and this under pretence of diligence in their Masters service, Non amo nimium diligen∣tes, and this is cured, cap. 21.

For the avoiding of the wasting of houses of persons at∣tainted of Felony, &c. which was due to the King, the Com∣mon Law gave him the profits of the Lands of the person at∣tainted

for one yeare and a day, but his Officers being like Harpies, having once fastned thereon, would not easily bee taken off, under pretence of profit to the King, though in truth to their owne private, whereby much dammage grew to the Lords, of whom the Lands were holden, and who of right ought to have the same, which is cured, cap. 22.

The unlimited and unbridled pleasure of the Kings Mini∣sters was become the Law, or at least was forced to be the Law, whereby the people must be governed, how cruell, how tyrannicall, every one may easily think, and yet upon a pretence of doing service to their great Master, to make him a Monarch, to make him seared, though not loved, then which a greater disservice cannot be to a Prince, as the tempests of these times thereupon following manifestly prove, and yet this grievous disease not thereby cured, it being too sharp, but a more gentle Medicine is directed, cap. 29.

The Kings Agents evill entreating Merchant-strangers in amity, both by exacting what they pleased for licence to trade, and what customes and other duties for their Master, as their covetous and boundlesse humor led them, yet upon a pretence to ennich their Master, Trade, the life of a King∣dome, was hereby much hindered and impaired, and this is cured, cap. 30.

The Kings Councell and Ministers making all advanta∣gious exposition for their Master, as they pretended, though in all likelihood, the gaine thereby accruing came to their owne purses, would needs hold the Law of the Kingdome to be, that whosoever held of the King by Knights Service, in what manner soever, whether as of Honour, Mannour, or otherwise, yet it must be In capite, and thereby the King to have his Prerogative for Wardship of all the Lands held of whomsoever. And thus these Mountebanks misapply the wholsome Medicince of the Law, to the destruction of the Patient, the people, mixing it with some ill ingredient of their owne, a usuall trick and very frequent, it being their maine endeavour under colour of Law, to colour their un∣just oppressions; and this is onely cured by those wise and faithfull Physicians, the Parliament, by rightly tempering

such mis-tempered Medicines, which is done by them in this particular case, cap. 31.

Escuage, a duty due to the King and other Lords from their Tenants, the Kings Ministers for that it was uncertain would thereof make their advantage, and assesse it at what summe they pleased, and from their example it is likely o∣ther Lords did the like, for Regis ad exemplum totus componi∣tur orbis, especially when it is for their profit; and incer∣tainty in duties is a fit opportunity, whereby cruell tyranny may oppresse, if referred to the party to whom it is due, and yet the poore knoweth not where, nor to whom to com∣plaine; but for this particular malady, there is a proper Medicine, cap. 37. Referring the assessing thereof as formerly had been used, which was by the Parliament, the most equall and indifferent Arbiters in cases doubtfull, and fittest to be trusted; and the mischiefe of incertainty is so well fore∣seen by the Common Lawes of England, that it is alwayes referred to those that by probability are strangers, and in∣different as to Parliament Judges or Jurors.

The vigilant Physicians now assembled in consultation in Parliament using all their industry they possibly can for procuring and continuing the welfare of this Common∣wealth direct the like general Recipe in the conclusion, c. 38. as in the beginning, that if they had not directed for every particular a convenient Medicine, yet this generall might supply; so that now it might probably be thought, that there would need no new advice or Medicines; but such and so many are the redundant and malignant humours in this great body, that it presently groweth into new distempers, and must be new physicked, or it will perish, though for the most part the ingredients hereafter used are but the same as in the generall or particular Recipes mentioned.

The Kings Court-Councell informed him that he might for his recreation and better preservation of his health affo∣rest any Subjects ground, and so dispose of it for his plea∣sure, as he should think fit, upon pretence no doubt that his life was so precious, and so to be regarded, that no possession

the Subject had should be so deare to him as that he should be unwilling to part with it for the Kings preservation; faire shewes, but fowle substance even to the ruine of the people, as may appeare by the cure set downe in Cha. de Foresta, and as it is well knowne in some parts of this Kingdome, by wo∣full experience, even in these present times long after the making of the said Charter, procured by the Court-Para∣fites chirping in the late Kings eare the same or as bad notes as at the making of the said Charter.

The Common Law of England allowing the King this Prerogative, that he might distraine the goods of his debtor, and make sale thereof towards his satisfaction, which his Ministers abused, and thereby oppressed the Subject in selling at low prises, or before the Debtor could have notice, and sometimes when there was no debt due, but onely preten∣ded; all which are provided for by a Statute of distresses of the Exchequer, made 51. H. 3.

And lest the prime Medicines prescribed by Magna Charta should be forgotten, neglected, or antiquated, the said Charter is newly confirmed 52. H. 3. Marlebridge, cap. 5. and 30. times at the least since, so carefull and provident have these faithfull Physicians been, and yet new diseases break forth, as that the Kings Prerogative in purveyance for victuals how much abused by his Ministers in oppression of the Subject, may appeare by the many Medicines provided for the cure thereof, Westm. 1. cap. 32. and many other cited in the margent, the Declaration of the Common Law being as it were new tempering of old Medicines, thereby reviving the strength and vertue thereof, which these Physicians are often enforced so to doe as for ousting the long delay pro∣cured by praying in ayde of the King by the Stat. de Biga∣mis, cap. 1, 2, 3.

The Kings Courtiers and Servants under colour of right, and preserving of it to the King, by menaces and thre••ts pre∣vailed with many Religious houses for corodi••s, and other promotions, whereunto the King had no right, for redres∣sing whereof a Stat. is made, 1. E. 3. St. 2. cap. 10.

The Kings Officers, in oppression of the Subject, construe

the Law of the Land to be, that every alienation of any of the Kings Tenants in Capite, without licence, to be a forfei∣ture, the Law therein is truly expounded by 1. E. 3. cap. 13. And where colour of Law will not serve, they use force, and compell divers of the Kings Subjects to enter bond to come to the King with force and Armes, whensoever they should be sent for, upon pain of life and limbe, and to forfeit what∣soever they could forfeit, a fearefull and dangerous tye, but happily untied by a Stat. made, 1. E. 3. St. 2. cap. 15.

And the usefulnesse of these Physicians, and their often consultations, and their frequent advices, apparently pro∣ved and approved by the happy experience this great body the Commonwealth had formerly had to be exceeding ne∣cessary for its preservation and happinesse, it is is provided 4. E. 3. cap. 14. to be once every yeare, or oftner if need require.

Monopolies and restraint of Trade being beneficiall to the Kings Courtiers, though much prejudiciall to the State and people, are no doubt upon faire, though false glosses, set up and countenanced, which dangerous disease is provided for by 9. E. 3. Stat. 1. cap. 1.

The Kings Councell and Courtiers, abusing for their owne private ends, the wholsome Medicine of the Common Lawes of this Kingdome, to the great detriment of the Sub∣ject, upon pretence that Nullum tempus occurrit Regi, and that all Lands came from the King at the first, seise into the Kings hands any mans Lands, thereby to enforce him to shew his title, and if he make default, to forfeit the same, which great mischiefe is provided for by 9. E. 3. St. 1. cap. 2. For that by tenure some Tenants of the King, by reason of their tenure are bound to finde Armes in the Kings service, his Councell and Courtiers strained this to be due from all, to the great dammage of the people, which misexposition is remedied 25. E. 3. Stat. 5. cap. 8.

The King by his Prerogative is to be first satisfied his debt before any Subject, and till that were levied, the King might protect the debtor, which in true intention was, with what speed the King might be first satisfied, then the Subject

might sue for his; but under colour hereof the Courti∣ers had got this trick, that if they did owe money to any o∣ther, they would also be debtors to the King and thereupon get his protection, and delay the Subject of his due debt till Doomesday, or at least till hee should be without remedy, which great mischiefe is provided for by 25. E. 3. St. 5. cap. 19. It were very probable that the generall and particular provisions afore-cited would be sufficient to prevent any op∣pressing of the Subject, but as the Poet saith,

Queritur ut crescunt tot magno volumina logis, In promptu ratio est croscit in orbe dolus.

New Ages produce new wirs, and they new inventions, and amongst the rest was this, that the King should grant a Commission to certaine persons to view and search victualls, and correct where they found cause, upon a specious and fair pretence forsooth, that thereby the Subject might be the her∣tor provided of wholsome meat, and not to be poisoned or destroyed by miscarriage therein, though in truth the thing intended was their owne private gaine, as expenience pre∣sently shewed; a grand way of oppressing under colour of relieving; this also is cured by 12. E. 4. cap. 8.

The Kings Officers and Ministers extending the Kings Prerogative beyond its true bounds, especially where there was not particular bounds, as in case of assignment of debts to his Majesty, they construed all assignments, whether by Debtor or Accomptant, Bona fide, or feignedly, to be within the Kings Prerogative, to the great dammage of the people, in respect of the large execution the King may take, which is remedied by 7. Jacobi, cap. 15.

But it seemeth our present age hath been more straining of the Prerogative, then of hundreds of yeares before, for notwithstanding the many and wholsome Medicines former∣ly recited to have been provided, the Court-Mountebancks found meanes to vex and oppresse the Subjects, and one way was by prying into their estates, and picking holes and quarrels with their titles, upon pretence no question of much good service to his Majesty, though the true mark they shot at was their own private profit; and this is particularly cured by 21. Jac. cap. 2.

Another late invention among the Courtiers, were the swarming Patents of Monopolies, whereby they oppressed the rich, and fed upon the poore, and yet in all these they have most glittering, though false colours, of good to the Publique, thereby endeavouring to deceive the people, but what their true ayme was, may appeare by wofull experi∣ence in getting gaine to themselves; and this is remedied by 21. Jac. cap. 3.

But as if all the former Medicines had never been provided, or else the vertue and operation of them so decayed by time, the Courtiers of the late King raunged, roved, yea and ra∣ged in such, so many, and hainous grievances, as it is not easily to be beleeved if late sufferings did not too too much attest the same, some whereof are specified in the late Petition of Right 3. Carol. viz. Loane-Money, New Oathes, Bonds for Appearance, Attendance, Imprisonment, Confinement, unlawfull charges laid and levied by Lord Lieutenants, De∣puty Lieutenants, Commissioners for Musters, Justices of peace, and others by command or direction from his Maje∣sty or his Privy Councell, and many more therein menti∣oned; all which by the Kings condescending to the said Pe∣tition is remedied: And sure now the Head of this great Body is likely to be fully cured, and that there should no distempers in future flow from thence, yet consider how many have appeared since the beginning of this Parliament, 16. Carol. and what cured, and what to cure, and it cannot passe without wonder, whence such peccant humours should arise to produce such maladies, but the art of these later times farre passe the precedent, in that they cover all their procee∣dings under colour of Law and Justice, witnesse Ship-mony, Coat, and Conduct Money, Fines, Imprisonments, and o∣ther grievous sufferings in the High-Commission Court, which were much to have been inhaunced and advanced by their late new Canons, Oathes, Articles; in the Star-Cham∣ber by their excessive Fines, Imprisonments, and cruell Ma∣cering of such as fell into their hands. And these Gangrenes are also taken care of by the present Parliament: Out of all which recited Acts of Parliament may be observed; first, that

the Kings of England had not a Negative Vote, for sure it is, if they had so had, they would have made use of it, the same tending so much towards Monarchy, which all in some sort laboured for. Secondly, the many oppressions, dangers, yea ruines that had befalne the people of England, if not reme∣died by their carefull Physicians, the Parliament. Thirdly, the dangerous consequent of the Negative Vote alowed to ei∣ther King or Lords, that then their oppressions, wrongs, and injuries could not be prevented, so that Tyranny must needs follow with might and maine.

Behold then, O England, and consider thy Governours, the Lawes of this Nation, free from passion, ambition, and all other exorbitant affections, yet willing to be reformed by your selves for your good, Cupiunt etenim leges ut jure Re∣gantur; And therefore I may safely conclude that Motto true in this Nation, Legi servire libertas, for that the Lawes by which they are governed, are of their owne framing, con∣sent, and entertainment.

O fortunati nimium si sua bona norint. Legis virtus est imperare, vetare, permittere, punire.

Pro Patria.

FINIS.

Notes

• Co. M. c. p. 186.187.206.
• 3. E. 3. c. 9. 25. E. 3. Stat. 5. c. 4. 28. E. 3. c. 3. 37. E. 3. c. 18 42. E. 3. c. 3. 1 R. 3. c. 2.
• 25. E. 3. Stat. 5. c. 7. 7 R. 2. c. 4.
• 2. H. 4. c. 14. 3. E. 3. c. 3, 4. 20 H. 6. c. 8. 5. E. 3. c. 2. 23. H. 6. c. 1, 2. 10. E. 3. St. 2. c. 1. 4. 14. E. 3. c. 19 28. H. 6. St. 2. c. 2. 25. E. 3. St. 5. cap. 6. 21. 2. & 3. E. 6. cap. 3. 28. E. 3. c. 12 2. & 3. Mar. ca. 6. 34. E. 3. c. 2, 3. 43. E. 3. c. 3. 7. R. 2. c. 8. 14. E. 3. c. 14
• 36. E. 3. c. 10