thinke themselves not to have jurisdiction and power enough; and they know that Parliaments think they have too much, and abuse that which they have much more: therefore to uphold themselves, and to crush their ill-willers, they not only tax Parliaments of Puritanisme, but all Puritans of sedition. As much as in them lies, they wed the King to their quarrell, perswading him that Parliaments out of Puritanisme, doe not so much aime at the fall of Episcopacie, as Monarchy: and that Episcopacie is the support of Monarchy, so that both must stand and fall together. Howbeit because they cannot upbraid Parliaments of attempting anything against Monarchy further than to maintaine due liberty, therefore they preach an unlimitable prerogative, and condemne all law of liberty as injurious to Kings, and incompatible with Monarchy. Manwarring denies Parliamentary power and honour, Cowel16 denies propriety of goods, further than at the King’s discretion, and Harrison17 accuses Judge Hutton of delivering law against God’s Law, in the case of Ship-money. And the common Court doctrine is that Kings are boundlesse in authority, and that they only are Cesar’s friends which justifie that doctrine; and from this doctrine hath grown all the jealousies of late betweene the King and his best Subjects; and this is that venemous matter which hath lain burning, and ulcerating inwardly in the bowels of the common-wealth so long. The other enemies of Parliaments, are Court dependants, and projectors, which have taken advantage of this unnaturall dissention betwixt the King and his Subjects; and have found out meanes to live upon the spoile of both, by siding with the King, and being instruments to extend his Prerogative to the purchasing of preferment to themselves, disaffection to the King, and vexation to the common-wealth. These three factions excepted, and some few Courtiers which are carried with the current of example, or are left to speake unpleasing truths, there is scarce any man in all the King’s dominions, which doth not wish for Parliaments, as the State’s best physick, nay almost as its naturall necessary food: but I will instance in three thinges wherein Parliaments excell all other Counsells whatsoever.
1. For wisdome, no advice can be given so prudent, so profound, so universally comprehending, from any other author; it is truly said by Sir Robert Cotton, that all private single persons may deceive and bee deceived; but all cannot deceive one, nor one all.
That an inconsiderable number of Privadoes should see or know more than whole Kingdomes, is incredible: vox populi was ever reverenced as vox Dei, and Parliaments are infallible, and their acts indisputable to all but Parliaments. It is a just law, that no private man must bee wiser than Law publickly made. Our wisest Kings in England, have ever most relied upon the wisdome of Parliaments.
Secondly, no advice can bee so faithfull, so loyall, so religious and sincere, as that which proceeds from Parliaments, where so many are gathered together for God’s service in such a devout manner, we cannot but expect that God should bee amongst them: and as they have a more especiall blessing promised them; so their ends cannot be so sinister. Private men may thrive by alterations: and common calamities, but the common body can affect nothing but the common good, because nothing else can be commodious for them. Sir Robert Cotton in the life of Hen. 3. according to the Court Doctrine at this present, sayes, that in Parliament Kings are ever lesse than they should be, and the people more. If this bee spoken of irregular Kings, which will endure to heare of nothing but Prerogative government, it may carry some semblance of truth: but sure it is, good and wise Kings are ever greatest when they sit immured, as it were, in that honorable assembly: as the History of Queen Elizabeth and many of her Progenitors testifies. Tis true, Hen. the third, met with divers oppositions in Parliament. He was there upbraided, and called dilapidator regni;18 it was true that he was so, and the most unworthy of rule, that ever sate in this Throne; yet those words became not subjects. I doe not justifie, but in some part extenuate such misdemeanours; for the chiefe blame of those times is not to bee throwne upon the Peeres and Commons, but upon the King and his outlandish Parasites. It is without all question also that in those bloudy unjust times, had it not been for frequent Parliaments, and that soveraigne remedy which thereby was applied to the bleeding wounds of the Kingdome, no other helpe could have stanched them.
Even then, when Parliaments were most prevalent, and when they had so much provocation from so variable and uncapable a Prince, they did not seeke to conditionate prerogative, or to depresse Monarchy for the future, though they were a little too injurious to him in person for the present.
Since that time also many Parliaments have had to struggle for due liberty with insolent Princes, and have had power to clip the wings of Royalty; and the custome of all Europe almost besides hath seemed to give some countenance to such attempts; but the deepe wisdome, and inviolable loyalty of Parliaments to this composure of government hath beene such, that they never made any invasion upon it. As it was in all former ages, so it now remaines intire with all its glorious ensignes of honour, and all the complements of power; and may he be as odious which seekes to alter or diminish Monarchicall government for the future, as he which seekes to make it infinite, and slanders Parliaments as enemies to it, or indeavours to blow such jealousies into the King’s eares.
3. No advice can be so fit, so forcible, so effectuall for the publicke welfare, as that which is given in Parliament: if any Cabinet Counsellors could give as wise and sincere advice as Parliaments, yet it could not be so profitable, because the hearts of the people doe not goe along with any other, as with that.
That King which is potent in Parliament, as any good King may, is as it were so insconsed in the hearts of his subjects, that he is almost beyond the traines or aimes of treason and rebellion at home, nay forraigne hostility cannot pierce him, but through the sides of all his people.
It ought to be noted also, that as the English have ever beene the most devoted servants of equall, sweetly-moderate Soveraignty; so in our English Parliaments, where the Nobility is not too prevalent, as in Denmark, nor the Comminalty, as in the Netherlands, nor the King, as in France, Justice and Policie kisse and embrace more lovingly than elsewhere. And as all the three States have alwayes more harmoniously borne their just proportionable parts in England than elsewhere, so now in these times, in these learned, knowing, religious times, we may expect more blessed counsell from Parliaments than ever, wee received heretofore. May it therefore sinke into the heart of our King to adhere to Parliaments, and to abhorre the grosse delusive suggestions of such as disparage that kinde of Councell. May he rather confide in that Community which can have no other end but their owne happinesse in his greatnesse, than in Papists, Prelates, and Projectors, to whom the publick disunion is advantagious. May hee affect that gentle Prerogative which stands with the happinesse, freedome, and riches of his people; and not that terrible Scepter which does as much avert the hearts, as it does debilitate the hands, and exhaust the purses of his Subjects. May he at last learne by experience, that the grievance of all grievances, that that mischiefe which makes all mischiefes irremediable, and almost hopelesse in England at this day, is that Parliaments are clouded, and disused, and suffered to be calumniated by the ill boding incendiaries of our State. May it lastly enter into his beleefe, that it is impossible for any Kingdome to deny publicke assent for their Prince’s aid, either in Parliament or out, when publicke danger is truly imminent, and when it is fairely required, and not by projects extorted: that no Nation can unnaturally seeke its owne ruine, but that all Kings, like Constantine, may make their Subjects’ purses their owne private coffers, if they will demand due things, at due times, and by due meanes.
4. I come now to the last difficulty about the condition and nature of such aides as are due by Law from the Subject to the King. Though much hath beene argued both at the barre and on the Bench, for the King, that he may raise monies from his Subjects, without consent by law, prerogative, and necessity. Yet at last, because the Petition of Right absolutely crosses this tenet, it is restored to us backe againe, and yeelded, that the King may not impose a pecuniary charge by way of Tollage, but only a personall one by way of service. And now all our controversie ends in this, that we must contest, whether the Ship-scot be a pecuniary, or a personall charge. For though the intent of the Writ, and the office of the Sheriffe be to raise monies only, yet the words of the Writ, and the pretence of State, is to build and prepare Ships of warre. The Kingdome generally takes this to bee a meere delusion and imposture, and doubtlesse it is but a picklock tricke, to overthrow all liberty and propriety of goods, and it is a great shame that so many Judges should be abetters to such fraudulent practice