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A.

APPENDIX

TO THE

LIFE OF JOHN P Y M.

A Discovery of the great Plot for the utter Ruine of the Citie of London and the Parliament, as it was at large made knowne by John Pym, Esq., on Thursday, being the 8th of June, 1643, at a Common Hall, and afterward corrected by his owne Hande for the Presse.

JOHN PYM, ESQ., HIS SPEECH.

out) members of the two houses of Parliament; and the third sort was two gentlemen, Master Waller, and a brothbetwixt the Parliament and the citie, as they pretended; er-in-law of his, Master Tomkins, that were to bee agents then a fourth sort was those that were to bee messengers to convey intelligence from this place to the courte at Oxford, and to other places where there should bee occasion; and the fifth and last consisted but in one man, that we yet discover, and that was the Lord of Falkland, that kept correspondency with them from the courte. These were to bee the actors in this mischievous designe.

They began then to thinke upon some other courses of very great advantage to themselves.

MY LORD-MAJOR, and you, worthy citizens of this famous and magnificent citie,- We are sent hither to you from the House of Commons, to make knowne to you the discovery of a great and a mischievous designe, tending not onely to the ruine and destruction of the citie and of the kingdome, but which, in those ruines, would likewise have buried religion and libertie. I might call it a strange designe, though in these late times designes of this kinde have beene very frequent, because it exceedes others in divers considerable circumstances of it-in the malice of the intention, in the subtletie of contrivance, in extente of mischiefe, and nearnesse of execution; all which arose from the wickednesse of the authors. Two others may bee added, that is, the clearnesse of the discovery and proofe, and the greatnesse of the deliv-ing the businesse to any of those who were to bee brought erance proceeding from the great mercies of God.

I shall, in the opening of this designe, take this course for my owne memory and yours.

Observe, first, what was in their ayms. Secondly, the varietie of preparations. Thirdly, the degrees of proceeding. Fourthly, the maturitie and readinesse for execution. The Parliament, the citie, and the army seeme to bee the three vitall parts of this kingdome, wherein not onely the well-being, but the very life and being of it doth consist: this mischiefe would have seized upon all these at once.

The citie should have beene put into such a combustion as to have your swordes imbrued in one another's blood; the Parliament should have beene corrupted and betrayed by their owne members; the army destroyed, if not by force, yet for want of supply and maintenance, that so they might have had an open and a clearer way to the rest, which they had in proposition, especially to that maine and supreame end, the extirpation of religion.

I shall tell you, first, out of what principles this did rise. It was from the ashes of another designe that failed-that mutinous petition which was contrived in this citie. The actors of that petition being therein disappointed, they fell presently into consultation how they might compasse their former end in another way, that is, under pretence of securing themselves by force against the ordinances of Parliament. Thus, under pretence of procuring peace, they would have made themselves masters of the citie, yea, of the whole kingdome, and they would have ruined and destroyed all those that should have interrupted them in their mischievous intentions.

The first step in their preparation was to appointe a committee that might often meete together, and consult how they might compasse this wicked end. Their next was, that they might inable that committee with intelligence from both the armies, as well those on the king's side (as they call themselves, tho' we bee of the king's side indeed) as those that are raised by the Parliament; especially they were carefull to understand the proceedings of Parliament, that so by the advantage of this intelligence they might the better effect that which they had in project, and finde the readiest and the nearest wayes to it. After they had thus provided for intelligence, how they might procure power and countenance to this action by some appearing authoritie of his majestie was next considered; for which purpose, they projected to get a commission from the king, whereby many of themselves, and of those that were of their owne consort, should bee established a councell of warre in London and parts adjacent, with power to raise forces, make provisions of ammunition, and of other kinde of armes, and to give authoritie for the leading and conducting of those forces, and to raise money for the maintenance of them, and, as it is express'd in the commission, for the destruction of the army under the command of Robert E. of Essex, raised by authoritie from the two houses of Parliament.

Having layd these grounds, I shall, in the next place, discover to you those that should have beene actors and agents in this businesse, their severall qualifications and relations. The first sort was some members of the citie, whereof there were divers (you shall heare the names out of the proofe); and the next was (in their pretence, as they gave

The first was of combination, how they might bee more closely conjoyned one to another, and how they might bee more secure from all others that were not of the same partie. And for this purpose there was devis'd a protestation of secresy, whereby, as they were Christians, they did binde themselves to keepe one another's counsell, not to reveal that which they had knowledge of, or which they were trusted with. And the second was a warinesse in discover

into the plot, though they came in amongst them to bee of them. They would not trust all of their owne body, but they took this wary and subtile course, that no man should acquainte above two in this businesse; that so, if it came to examination, it should never goe further than three by the same partie that discovered it; and then those two had the like power, that any one of them might discover it to two others, that so still it might bee confined within the number of three; then there was a speciall obligation (as was pretended by Mr. Waller), which hee had made to those that hee said were members of both houses of Parliament, and consenting to this plot; but that is yet but a pretenceno names or parties are knownɛ.

After they had provided thus for their combination and for their securitie, then, in the next place, they thought of some meanes of augmentation-how they might increase their numbers, and drawe in others to come to bee of their partie; and for this they did resolve to use all the art and subtiltie to irritate men's mindes against the Parliament. They found out those that thought themselves most heavily burdened with the taxes; they did cherish all that had any discontents about the assessement, advising them to repaire to the committee for ease, which they knew would bee difficult to obtaine, and that they, being disappointed, would bee more enraged, and the apter to joyn them in this plot. From this care of augmentation, they went, in the next place, to finde out some meanes of discovery, that they might knowe how farre their partie did extende, who were of their side, and who were against them; and for this purpose they did devise that there should bee a survey of all the wards, nay, of all the parishes within the citie of London, the suburbs and places adjoyning in every parish, to observe those that were for them, whom they called right men, and others that were against them, whom they called averse men; and then a third sort, whom they called neutralls and indifferent men; and they appointed severall persons that were trusted with this survey and enquiry to finde out these severall degrees and sorts in every parish.

Thus farre this designe seemes to bee but a worke of the brain-to consist onely in invention and subtiltie of designe; but the other steps and degrees which I shall nowe observe to you will make it to bee a worke of the hande, to bring it somewhat nearer to execution.

The first step that came into action and execution was, that they procur'd this commission which they had before designed, and indeavour'd to obtaine. Nowe they had obtained a commission (as I told you before) to establish certaine men, seventeen in number; their names are there expressed, and you shall heare them read to you. They were to bee a councell of warre here within the citie. These seventeen men had power to name others to themselves to the number of twenty-one, and both were to bee inabled to appointe, not onely colonells and captaines, and other inferiour officers of an army, but to appointe and nominate a generall; they had power to raise men, to raise armes, ammunition, and to doe all those other things that I told you before; and to lay taxes and impositions to raise money; and to execute martial law.

When they had gone thus farre, in the next place they did obtaine a warrant from the king, and this was to Mr.

Challoner, that hee might receive money and plate of all those that, either by voluntary contribution or loan, would furnish the king (as they called it) in this necessitie of his; and thereby the king was obliged to the repayment of it. This was obtained.

By this cometh in the list, and what was before part of the designe cometh nowe into act. The citizens that were trusted with framing of this list brought it in, except in some few parishes, under those heades of discovery that I formerly told you of; that is, in every parish, who were right, and who were indifferent and neutrall, and who were averse; and those were brought to Mr. Waller's house; and after they had delivered that list, the citizens then declared themselves that nowe they had done their part; they had discovered to them a foundation of strength, they did expect from them a foundation of countenance and authoritie, namely, from both houses of Parliament; and they did declare that they would proceed no further till they knew the names of those members of both houses that should joyn with them, and should undertake to countenance this busiDesse. Mr. Waller made this answer: That hee did assure them that they should have members of both Houses, both lords and commons, to joyn with them; that hee himselfe was but their mouth; that hee spoke not his owne wordes, but their wordes; that hee was but their agent, and did their worke; that they should have of the ablest, of the best, and of the greatest lords, and the greatest number may, that they should pick and chuse; that they could not wish for a lord whom hee doubted not but to procure them: this was the vanitie of his boasting to them to drawe them CB, and to incourage them in this plot. This being done nowe, and propounded by the citizens on their part, so Mr. Waller propounded from the lords divers quæries, questions which had beene framed (as he said) by the lords and commons, and in their name hee did present them, that were for the removall of difficulties, of some obstructions that might hinder this worke. Those quæries were delivered upon Friday was se'ennight to some of the citizens, and upon the Saturday morning (that was Saturday se'ennight) they were returned back againe with answers.

I shall now relate to you both the queries, and the answers that were returned by those of the citie. The first quarie was, What number of men there were armed? The answer was, That there were a third part well armed, and a third part with halberts, and another third part with what they could get, with that that came to hande.

The second quærie was, In what places the magazines were laide! The answer to that was, At Alderman Fowks's house, at Leaden Hall, and at Guild Hall.

The third querie was, Where the rendezvouz should bee? The answer was, At all the gates, at the places of the magazines, in Cheapside, in the Exchange, and at what other places the lords should thinke fit.

The fourth quarie was, Where the place of retreat, if there should bee occasion? The answer was, That they had Banstead Downs, they had Blackheath in proposition, but they did referre the conclusion of the place to the lords. The fifth was, What colours there should bee? To this it was answered, That at every rendezvouz there should bee colours.

A sixth consideration was, By what markes and tokens they should bee distinguished from others, and knowe their friends from their enemies? To that it was answered, That they should have white ribands or white tape.

Then, in the seventh place, it was asked, What strength there was within the walls, and what strength without the Walls! To that it was answered, That within the walls there was, for one with them, three against them; but without the walls, for one against them there was five for them. The eighth was, What was to bee done with the Tower? The answer was, That they could conclude nothing in that

pointe.

The ninth was, Where the chiefe commanders dwelt? To that they made this answer: That every parish could tell what new commanders and captaines they had, and who of the militia dwelt in it.

The tenth and the last was, What time this should bee put in execution? To that the answer was, That the time was wholly left to the lords.

After these queries thus propounded and answered, Master Waller told them that hee would acquainte the lords with those answers that hee had received from them to their queries, and wished them not to bee troubled, though the lords did not yet declare themselves, for they could doe them as goode service in the House.

Being proceeded thus farre, they came then to some propositions which should bee put in execution, and they were these:

First, that they would take into their custodie the king's children that were here. The second was, that they would lay hold of all those persons that they thought should bee able to stand in their way, or to give them any impediment, or at least of some considerable number of them. It is un

like that all were named; but some were named. Of the Lord's House there was named my Lord Say and my Lord Wharton, and besides, my lord-major, whom they took into their consideration, as the heade of the citie. There was named of the House of Commons Sir Philip Stapleton, Master Hampden, Master Strode, and they did me the honour and the favour to name me too.

When they had taken into consideration the surprizall of these members of both Houses, they did further take into their further resolution, that with my lord-major should have beene seized all your committee of militia; they would not spare one of them. They intended further, that they would release all prisoners that had beene committed by the Parliament, that they would seize upon the magazines, and that they would make a declaration to satisfy the people. There are no designes, bee they never so ill, but they doe put on a maske of some goode; for betwixt that that is absolutely and apparently ill, there is no congruitie with the will of man, and therefore the worst of evills are undertaken under a shadow and a shew of goodnesse. Thus declarations must bee set out, to make the people beleeve that they stood up for the preservation of religion; for the preservation of the king's prerogative, of the liberties of the subject, of the priviledges of Parliament; and of these one thousand were to bee printed; they were to bee set upon postes and gates in the most considerable and open places: and they were to bee dispersed as much as they could thorow the citie against the time it should bee put in execution. This was done upon Saturday last was se'ennight, in the morning. Then, in the next place, they thought fit to give intelligence to the courte of what proceedings they had made here, and thereupon Master Hazel hee was sent to Oxford that very Saturday in the afternoon from Master Waller's house. There were two messages sent by him, for this maine designe they would not trust in writing. The first message was from Master Waller: it was, that hee should tell my Lord of Falkland that hee would give him a more full notice of the great businesse very speedily; the other message from Master Tomkins, and that was, that the designe was nowe come to goode maturitie; that they had so strong a partie in the citie, that, though it were discovered, yet they would bee able to put it in execution. They promised also to give notice to the king of the very day, and, if it were possible, of the very hour, wherein this should bee put in execution; and then they did desire, that when they had seized upon the outworkes, that there might some partie of the king's army come up within fifteen miles of the citie, who, upon knowledge of their proceedings, must bee admitted into the citie. These were the foure pointes upon which the message did consist, which was sent from Master Tomkins to my Lord of Falkland by Master Hazel. To both these messages my Lord of Falkland returned an answer by word of mouth. They kept themselves so closely that they durst not venture to write; but hee bid the messenger to tell Master Waller, Master Tomkins, and Master Hampden (a gentleman that was sent up with a message from the king, and remained here in towne to agitate this businesse, and made that use of his being here in towne) that hee could not well write, but did excuse himselfe, but prayed them that they would use all possible haste in the maine businesse.

Master Waller, having plotted it and brought it on thus farre, nowe began to thinke of putting it further; and the Tuesday following this Saturday, which was Tuesday was se'ennight, in the evening, after hee came home to his lodg ings, Master Tomkins and hee being together, hee told Master Tomkins that the very next morning, that was Wednesday, the fast day, hee should goe to my Lord of Holland and acquainte him with this plot, discover so much to him as hee thought fit, that hee himselfe would goe to some other lords, and doe the like. This was the Tuesday night, in which conference they had put on that confidence in expectation of successe in this plot, that Master Waller broke out with a great oathe, to affirme, that if they did carry this throughout, then we will have any thing. This hee spake to Master Tomkins with a very great deall of earnestnesse and assurance. So farre they went on in hope and expectation; but here they were cut short. That very night there were warrants issued (upon some discoveries that were made of this plot) to the lord-major and to the sheriffes here, which they did execute with so much diligence and care of the goode of the citie, that the next morning, when Master Tomkins and Master Waller should have gone about their businesse, they were apprehended, and the rest of the citizens, divers of them; but some escaped.

Thus farre I have discovered to you the materials and the lineaments of this michievous designe; you shall nowe bee pleased to heare the proofes and the confessions out of which this narration doth arise, and that will make all this goode to you that I have said; and after those are read, I shall then tell you what hath beene done since in the House of Commons, somewhat in the House of Lords, and what else is in proposition to bee offered to you from the House of Commons; but I shall desire you first that you may bee

fully convinced of the great goodnesse of God in discovery of this plot, and the truth of these things that I have spoken to you, that you will heare the evidence of the proofes, and then we shall goe on to those other things which we have in charge.

The proofes having beene read, Mr. Pym proceeded thus: Gentlemen, we have held you long; you are nowe almost come to the end of your trouble. I am to deliver to you some short observations upon the whole matter, and then to acquainte you with the resolutions thereupon, taken in the House of Commons; and to conclude with a few desires from them to you.

The observations are these: First, I am to observe to you the contrarietie betwixt the pretences with which this designe hath beene mark'd and the truth. One of the pretences was peace; the truth was blood and violence. Another of the pretences was the preserving of proprietie; the truth was the introducing of tyranny and slavery, which leaves no man master of any thing hee hath.

A second observation is this: The unnaturall way by which they meant to compasse this wicked designe: that was to destroy the Parliament by the members of Parliament, and then, by the carcasse and shadow of a Parliament, to destroy the kingdome. What is a Parliament but a carcasse when the freedome of it is suppressed? when those shall bee taken away by violence that can or will oppose, and stand in the way of their intentions? The high courte of Parliament is the most certaine and constant guardian of libertie; but if it bee deprived of its owne libertie, it is left without life or power to keepe the libertie of others. If they should bring a Parliament to bee subject to the king's pleasure, to bee correspondent (as they call it) to his will, in the middest of such evill counsells which nowe are predominant, there would little or no cure bee left; but all things that are most mischievous would then seeme to bee done by law and authoritie.

The third observation is this: With what an evill conscience these men undertooke this worke. They that pretended to take armes to defend their owne proprietie, obtained a commission to violate the proprietie of others; they would take the assertion of the lawes of the lande, but assumed to them such a power as was most contrary to that law-to seize upon their persons without due processe, to impose upon their estates without consent, to take away some lives by the law martiall; and besides all this, without any commission they intended to alter the government of the citie, which is nowe governed by your owne councell, and by a magistrate chosen by yourselves-then to bee governed by violence.

The fourth observation is this: That the mischievous effect of this designe would not have ceased in the first night's worke. All the godly part in the kingdome, all faithfull ministers especially, would have beene left not onely to the scorn and reproach, but to the hatred, malice, and crueltie of the Papists and malignants.

The fifth and last observation I shall make to you is this: That this matter was prosecuted in part, and agitated and promoted by those that were sent from the king, and seemed to bee messengers of peace; and while we should bee amazed with pretences of gracious messages to propose peace, this villanous project, which should have set you all in blood, was promoted by those messengers, and should have beene put in execution very shortly after. This is all I shall trouble you with by way of observation.

The matters resolved on in the House of Commons are these things: First, that there bee publike thanksgiving to God, both in the citie and throughout the kingdome, for this great deliverance; that a neare day bee appointed for the citie, the Parliament, and the parts adjacent, and a convenient day for other parts of the kingdome. The next thing resolved on was, that the House of Peeres, they should bee made acquainted with these proofes, and with all this discovery, which hath beene done accordingly. It was likewise resolved that there should bee a covenant made, whereby we should both testify our detestation of this mischievous plot, and joyne ourselves more closely in the maintenance of the common interest of the Church and Commonwealth, in religion and libertie, which are still in great danger, and would have beene utterly subverted if this proj ect had taken effect. It was resolved, in the fourth place, which is nowe partly executed, that this should bee communicated to you of the citie, that so, as you have a great part in the blessing, you may doe your part in the dutie of thankfulnesse, together with us. It is further resolved, that it shall bee communicated to the armie, that they likewise take notice of this great mercy of God, and joyne with us, both in the thanksgiving, and in the protestation and covenant, as we shall likewise desire you of the citie to doe.

Then we are commanded to give thankes to my lord-major, to the sheriffes, and to the rest of the officers of the citie, for their great care in the apprehending of these persons, in guarding the peace and the quiet of the citie.

We are likewise to give thankes to those gentlemen that have had the custody of these prisoners. We knowe it can

not but bee a trouble to them; there was no meanes to keepe them safe from messages one to another, and from speeches, but by such a way of putting them in honest men's handes. The House of Commons have commanded us to give them speciall thankes that they would undertake this care, and to assure them that they will see them fully rec ompensed for all the trouble and charge they shall undergoe by it.

And we are to give you thankes, which are the citizens of this citie, for your goode affections to the publike cause, and for your continuall bountie for the support of it.

Thus farre we are enjoyned by the resolution of the House. Now we are further to intreate you to heare both the covenants: you shall thereby knowe to what we have bound ourselves, and to what we desire you should bee bound. There are two covenants, that is, one proper for the houses of Parliament, which hath beene taken in the House of Commons by all the members, by those gentlemen that are named in those examinations to have beene privy to this plot, which they all have disavowed; and the other cove bant is to bee taken by all the other part of the kingdome, by the citizens, by the armie, and the rest of the people generally in all places.

The draught of these two covenants we shall communicate to you; the House of Lords, they have had them already, and have taken them into consideration; and we heare they doe resolve that which is appointed for them shall bee taken by the members of that House.

We are further to desire you that you would bee serviceable to the Divine providence, to God's great mercy to this citie and the whole kingdome. God doth not onely doe goode, but thereby gives assurance that hee will doe goode. His mercies, they are comforts for the present, they are pledges for the future; but yet our care must not cease.

We are to desire that you would keepe your guardes, and look well to your citie, and that you would finde out these evill members that are among you, as neare as may bee, that so for the time to come this plot may bee prevented, as hitherto hath beene stopped; for out of doubt all the malig nity is not drawne out of them, though the present oppor tunitie is hindered for the present of putting it in execution. I am to tell you further, that in desire to winne those that shall bee taken with remorse for this wicked designe and conspiracy, it is resolved, that if any man shall come in before the 15th day of this present June, and freely confesse his fault, and what hee knowes of this conspiracy, that hee shall have a full, and free, and plenary pardon for the time to come, except those that are already or fled. I say, those that come in voluntarily shall bee pardoned.

Your care and our care, they will bee all little enough; we hope God's blessing will bee so upon them both, that you shall bee restored to a full peace, and that in the mean time you shall enjoy such a degree of safetie and prosperitie as may make way to it.

B.

Some Extracts from THE SENSE OF THE HOUSE, or the Opinion of some Lords and Commons concerning the Lon doners' Petition for Peace. Orford; printed by the University Printer, Leonard Lichfield.

"Give ear, beloved Londoners

Fie! fie! you shame us all!
Your rising up for peace will make
The Close Committee fall.

Wonder you should aske for that

Which they must needs deny :

Here's thirtie swears they'll have no peace,
And bid me tell you why."

A number of lords are then represented giving reasons against peace. Thus:

"First, I'll no peace,' says Essex,
For my chaplin says 'tis sinne,
To lose a £100 a day

Just when my wife lies inn;

They cry, God bless your excellence;
But if I lose my place,

They'll call me rebell, popular asse,
And cuckold to my face.""

&c.

&c.

&c.

Their lordships disposed of, the leading members of the lower House follow with similar reasons:

"My venum swels,' quoth Hollis,

And that his majestie knowes;'
'And I,' quoth Hampden, fetch the Scots,
Whence all this mischiefe growes.'

"I am an asse,' quoth Hazlerigge,
But yet I'me deepe i' th' plot;'

'And 1, quoth Stroud, can lye as fast
As Master Pym can trott.'

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'Who talks of peace,' quoth Ludlow,
'Hath neither sense nor reason,

For I ne'er spake i' th' House but once,
And then I spoke high treason;
Your meaning was as bad as mine-
You must defend my speech,

Or else you'll make my mouth as fam'd
As was my father's ***?

'You see (beloved Londoners)

Your peace is out of season,

For which you have the sense of th' House
And every member's reason.

Oh, doe not stand for peace, then,
For, trust me, if you doe,
Each county of the kingdome will
Rise up and doe so too."

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WHEN kings were first ordained in this realm, the kingdom was divided into forty portions, and every one of those portions or counties was committed to some earl, to govern and defend it against the enemies of the realm. Mirror of Justice, p. 8.

Those earls, after they received their government in each county, divided them into centurians or hundreds; and in every hundred was appointed a centurian or constable, who had his portion and limits assigned him to keep and defend with the power of the hundred, and were to be ready, upon all alarms, with their arms, against the common enemy. These, in some places, are called wapentakes, which, in French, doth signify taking of arms. Mirror, p. 10. ́ 12 Henry 8, folio 16, 17.

King Alfred first ordained two Parliaments to be kept every year for the government of the people, where they were to receive laws and justice. Mirror, p. 10, 11. The Peers, in Parliament, were to judge of all wrongs done by the king to any of his subjects. Mirror, p. 9. The ancient manner of choosing and appointing of officers was by those over whom their jurisdiction extended.

INSTANCES.

1. Tythingman: This man was, and at this day is, chosen by the men of his own tything, and by them presented to the leet, to be sworn for the true execution of his office.

2. Constable: This officer is chosen by the inhabitants, who are to be governed by him, and those of the place where his jurisdiction lieth, and presented unto the leet to be

sworn.

3. Coroner: This officer hath jurisdiction within the whole county, and therefore was chosen by the free holders of the county in the county court. Cook's Magna Charta, p. 174, 175, 559.

4. Such as had charge to punish such as were violaters of Magna Charta: These were chosen in the county court, as appeareth by stat. 28 Ed. 1, c. 1, 17.

5. Sheriffs: were in time past, and by the common law, to be chosen likewise in the county court. Lamb. Saxon Laws, fo. 136, stat. 28 Ed. 1, c. 8, 13. Cook's Magna Charta, 175, 559. Mirror, p. 8.

6. Lieutenants of counties (anciently known by the name of Heretoch) were chosen in the county court (which Cook, apon Magna Charta, p. 69, calls the Folkmote). Lamb. Saxon Laws, folio 136. Mirror, p. 8, 11, 12.

7. Majors and bailiffs, in boroughs and towns corporate, are chosen by the commonalty of the same corporation within their jurisdiction.

8. Conservators of the peace were anciently chosen by

the freeholders in the county court. Cook's Magna Charta, 558, &c.

9. Knights for the Parliament are to be chosen in the county court, stat. 7 H. 4, cap. 15; 1 H. 5, cap. 1; 8 H. 6, cap. 7; 10 H. 6, cap. 2.

10. Verderers of the forest are chosen within their jurtsdiction by the inhabitants. Cook's Magna Charta, 559.

11. Admirals, being the sheriffs of the counties, as Selden, in his Mare Clausum, p. 169, 188, affirms, must_be chosen as the sheriffs were, viz., in the county court. But the Parliament of R. 2, folio 29, saith they are chosen in the Parliament, the representative body of the realm, because they had the defence of the realm by sea committed unto them.

12. The captain of Calais, viz., Richard, earl of Warwick, in the time of Henry 6, refused to give up his captainship of Calais unto the king because he received it in Parliament. Cowel's Interpreter, in the word Parliament. 13. The Lord-chancellor, to whom is committed the great seal of England, being the publick faith of the kingdom, was in former times chosen in Parliament. Lamb. Archeion, p. 48. Dan. Chronicle, p. 139, 148, 195.

14. Lord-treasurer, an officer to whom is of trust committed the treasure of the kingdom, was, in like manner, chosen in Parliament.

15. Chief-justice, an officer unto whom is committed the administration of the justice of the realm, was chosen in Parliament. Lamb. Archeion, p. 48, ut suprà.

Anno 15 Ed. 3d. The king was petitioned in Parliament that the high officers of the kingdom might, as in former times, be chosen in Parliament. To which the king yielded, that they should be sworn in Parliament. Dan. Chron icle, p. 195. Quære the Parliament roll and petitions.

And it appeareth by a printed statute, Anno 15 Ed. 3, cap. 3, that the great officers of the kingdom were sworn to maintain Magna Charta.

16. The great council of the king and kingdom, namely, the Parliament, is chosen by the Commons; for they choose the knights and citizens, and burgesses, or barons, for so the citizens were anciently called; and the cinque-ports retain that name to this day.

And this was, as I conceive, the ancientest constitution of the kingdom for choosing of their officers.

In the next place, it will be requisite to inquire which of these officers are now altered, and by what authority. And, first, of sheriffs. The choice of sheriffs was first taken from the freeholders by the statute of 9 Edward 2, and the choice of them committed to the lord-chancellor, treasurer, the barons of the Exchequer, and the justices of either bench. Cook's Magna Charta, p. 559.

This election is to be made the morrow after All-SoulsDay, in the Exchequer, by statute 14 Edward 3, c. 7. Quære 1. If they choose none at that day and place, but at some other time, whether the choice be good? Or if he be chosen by any other?

Objection. The king himself doth usually make and appoint sheriffs in every county by his prerogative.

Solution. It hath been agreed by all the judges that the king cannot appoint any other to be sheriff than such as are named and chosen according to the statute of Lincoln. Cook's Magna Charta, p. 559.

If so, then it is questionable whether the making of Mr. Hastings sheriff of Leicestershire be warrantable by law or

not?

Quære 2. If no sheriff be legally chosen, whether the freeholders of the county shall not choose one, as they were accustomed before the making of the stat. of 9 Ed. 2, for these

reasons:

1. If there be no sheriff legally chosen, there will be a failure of justice, which the law will not permit.

2. Because the statute is in the affirmative, and therefore doth not altogether take away their power of choosing, because affirmative statutes do not alter the common law. Next, let us consider the choice of justices of the peace, who, as they are commissioners of the peace, are not officers by the common law; and therefore this case will differ in some respects from the former, it being an office created by statute.

1. I conceive that no court may be erected without the authority of Parliament; for the court of first-fruits was erected by stat. 32 Henry 8, cap. 45; the court of wards by stat. 32 Hen. 8, cap. 46; the court of justice in Wales by stat. 34 H. 8, c. 6; and power to erect courts given 1. Mar. ses. 2, cap. 10. And it was resolved in this Parliament, at the trial of the Earl of Strafford, that the court at York was against law, albeit it hath had continuance these hundred years, because it was not erected by Parliament.

And justices of the peace, being judges of record, were first ordained by statute, as appeareth by 18 Ed. 3, cap. 2, and 34 Ed. 3, cap. 1; with such other additions of power as later scatutes have given unto them.

Justices of the peace, then, having their being by virtue of the statute law, they are to be ordained in the same manner as the statutes prescribed, and not otherwise.

1. After their first institution, the statutes did leave the choice of them indefinitely in the crown, as I conceive, until the statute of 12 R. 2, 27; which statute doth instruct the chancellor, treasurer, keeper of the privy seal, steward and chamberlain of the king's house, the clerk of the rolls, the justices of both benches, barons of the Exchequer, and others, to name and make them.

2. Other statutes do appoint what persons shall be chosen to be justices of the peace; namely, such as reside in the same county where they are justices of peace, as stat. 12, R. 2, c. 10. And they must be of the most sufficient knights, esquires, and gentlemen of the same county, stat. 17, Rich. 2, 10; and dwelling in the same county, 2 H. 5, stat. 2, cap. 1 (except lords and justices of assizes). Upon this last statute, it may be doubted if choice may be made of any lords and justices of assizes which have no residence or estate in the county where they are so made justices of the peace; which, if it doth, it doth repeal all former statutes which confine them to such persons as are of the same county, which I conceive is against their meaning, for that statute doth only dispense with the residence of lords and justices of assize, because men of the same county, inhabiting in the county where they are justices of peace, in regard of their other employments in the Commonwealth which necessarily requireth their absence, and so it amounteth only to a dispensation for their residency.

Objection. The common practice is, that the lord-keeper doth appoint whom he pleases, and that by virtue of the statute of 18 Henry 6, cap. 1.

Solution. True, such is the practice; but the doubt is, how warrantable his act is; for the statute of 18 H. 6 doth give the lord-chancellor (alone by himself) no other power but in case there be no men of sufficiency in the county, and where none of twenty pounds per annum are to be found; for, in such case, he hath power to appoint such as he conceives are men most fit. But, in case there are men of sufficient estates in the county to be found, he must join with the others mentioned in the statute, viz., the treasurer, privy-seal, &c., who have a joint and undivided power with him.

If this be so, then it may be doubted whether the Lordviscount Falkland, being no peer of the realm, Sir Peter Miche, Sir Edward Nichols, of late put into the commission of the peace in many counties of this kingdom, are, by the law, capable of being justices of the peace in those counties where they do not reside. Et sic de similibus.

Quere, also, whether a justice of the peace, being once legally chosen according to the statute before mentioned, may be put out at the pleasure of the lord-keeper alone, without any just cause alledged; for, being a justice of record, whether some matter of record must not appear to disable him? for, being settled by law, he is to be displaced by law, and not upon displeasure or surmise.

3. A third officer is the lieutenants in every county, in former times known (for the name only is out of use) by the name of heretoch, Lamb. Saxon Laws, fol. 136. And here will fall into debate the ordinance in Parliament about the settling of the militia of the kingdom.

The choice of these, as was formerly mentioned, was by the freeholders in the county court; but of later times they have exercised the same power, being appointed by the king, under the shadow of his prerogative.

First, it is to be demanded whether the king's prerogative can take away that ancient right which the subjects had by law invested in them? If so, then the king, by his prerogative, may do wrong, which is contrary to a maxim in law. Fortesque, de Legibus, &c., fol. 25. If not, then whether the power of choosing a lieutenant, or heretoch, doth not yet remain in the subject, so as they may now choose one as well and by the same right they did in former times?

If freeholders of a county may yet choose, then I conceive the Parliament, being the representative body of the whole kingdom, may appoint lieutenants; because they include them, or, at least, they are not excluded from such a power, no more than where the statute, giving power unto justices of peace to inquire of a riot, doth exclude the power of the King's Bench, which no man will affirm. And therefore the ordinance of the militia is legal.

That the Parliament hath power to make an ordinance may be proved a minori. For,

If the inhabitants of a town, without any custom to enable them, may make an ordinance or bye-law for the reparation of their church, highway, or bridge in decay, or any the like thing, being for their publick good, and upon a pecuniary pain in case of neglect, and if it be made by the greater part, that it shall bind all within the town, as hath been agreed for law. 44 Ed. 3, fol. 19; Cook, lib. 5, fol. 63; the Chamberlain of London's case; Clarke's case; and Jefferyes's case, ibid., fol. 64, 65.

If a township be amerced, and the neighbours, by assent, shall assess a certain sum upon every inhabitant, and agree that if it be not paid by such a day, that certain persons thereto assigned shall distrain; and, in this case, the distress is lawful. Doctor v. Student, fol. 74, 6, cap. 9.

If a bye-law that every one that holdeth land shall pay one penny towards the reparation of a church, and, for nonpayment, shall forfeit to the churchwardens twenty shillings, be good and doth bind, as the book saith, 21 H. 7, fol. 20, holdeth.

If a town make bye-laws, and they shall bind every one of the town, if it be for the common good, as 11 H. 7, fol. 14, then, by the same reason, may the Parliament make ordinances and bye-laws for the common good of the kingdom, as shall bind all. For if a town may make ordinance, much more may the knights and burgesses of the Parliament, because they have their power ad faciendum et consentiendum; as appeareth of record under their hands and seals in chancery, in their return of their several elections for knights and burgesses.

Lastly, as every private man is by law bound to preserve the peace-as, in case an affray be made by two, and a third man standing by shall not use his best endeavour to part them and preserve the peace, he may be indicted and fined for it-why may not the Parliament, being entrusted with the preservation of the peace of the realin, make an ordinance for the preservation of the peace in case of apparent danger?

Ordinance made in Parliament, 8 Ed. 2, for the preservation of the alienation of the king's land, and fines set upon such as presume to break them. Rot. Parl., 28 H. 6, Árt. 29. The judges and courts at Westminster may make an or dinance for fees to be paid unto the clerk of their courts, and for bar fees taken by sheriff and gaolers. 21 H. 7, fol.

17.

An ordinance made in Parliament, 21 Ed. 3, fol. 60, for exemption of the Abbot of Bury from the jurisdiction of the Bishop of Norwich. Selden's Titles of Honour, p. 702; 12 H. 7, fol. 25.

Heyborne and Keylond's case, M. 14 Ed. 4, Rot. 60, in Banco. Reg. Crook, page 25, who had his money taken away from him by virtue of an ordinance, and was adjudged that the ordinance did bind him.

Whether an infant may be a colonel, admiral, &c.

1. None, by the intention of the law, can do knight's service before he be twenty-one years of age. And this is the reason of wardship.

2. It is an office of trust, which may not be executed by a deputy.

3. Such an office requires personal attendance, for otherwise the county may be overthrown unawares in the ab sence of such a governor from his charge.

D.

A Sketch of English Affairs, from the Dissolution of the third Parliament to the raising of the King's Standard at Nottingham; from a Speech by Sir Arthur Hazlerig, on the 7th of February, 1658.

THE Council-table bit like a serpent, the Star Chamber like scorpions. Two or three gentlemen could not stir out for fear of being committed for a riot. Our souls and con sciences were put on the rack by the archbishop. We might not speak of Scripture, or repeat a sermon at our tables, Many godly ministers were sent to find their bed in the wilderness. The oppression was little less in the lower courts and in the special courts.

Altars were set up, and bowing to them enjoyned; pictures were placed in church windows, and images set up at Durham and elsewhere; with many other exorbitancies in troduced, both in Church and State. The archbishop would not only impose on England, but on Scotland, to bring in the Book of Common Prayer upon them. They liked it not; and, as luck would have it, they would not bear it. He prevailed with the king to raise an army to suppress them. The king prevailed with his nobles to conquer them into it. He went to their country, and, finding himself not able to conquer them, came back.

He called a Parliament, which was named the httle, or broken Parliament; disbanded not his army, but propounded that we should give him a great sum to maintain the war against Scotland. We debated it, but the consequence of our debate made him fear we would not grant it. We had, if he had suffered us to sit. Then did Strafford and his council advise him to break us and to rule arbitrarily, and that he had an army in Ireland to make it good. For this, Strafford lost his head. The king suddenly broke that Parliament. I rejoiced in my soul it was so. He raised the gallantest army that ever was-the flower of the gentry and nobility. The Scots raised too, and sent their declaration into England, that by the law of God and nature they might rise up for their own preservation; and thus they came inte England. At Newburn the armies met. We were warsted. God was pleased to disperse our army, and give them the day. The Scots passed Newburn, and advanced to New castle.

Then some of our nobles-Say, Essex, and Scroop-bumbly petitioned his majesty for a Parliament. He, seeing

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