1 FIrst, Let a Parliament be considered in its denomination, and somthing will be added to its splendor and perspicuity: It is cal­led a Parlement, or Parliament, taking its derivation from the French word, Parle, or Parler, to speake, or speaking, and the Latin word Mens, a mind, and according to the English sense attributed thereto, by contraction it is called A Speech of the mind: By which is to be collected, that the Members of that honourable Senate have e­ven in the denomination of their Councell imported freedome of speech, to utter their minds and opinions freely, for the good of the King and Common-wealth, without any impeachment or contradiction.

2 Consider the vertue of a Parliament, which is described by the operative power of it to cure the diseases of the Common­wealth, by obtaining those things which are beneficiall, and re­moving such things as are prejudiciall to the Kingdome, by punish­ing Delinquents, Malignants, &c. And so from the vertue of Par­liaments, I proceed to the antiquity of them.

3 The antiquity of a Parliament is manifested not to be of late, [Page 2]but long since instituted: It hath been in more estimation in its priority, then in these latter times and decrepit age of the world, more esteemed when it was new and in its minority, then now: It is a maxime of the mad world; Too much of one thing is good for nothing: This Probleme seems verified in our time: frequen­cy of benefits not regarded seems tedious and irksome; short and sweet, but too much used is wearisome: it proves so in these times: the constancy of Parliaments made this nation secure, and rest safely in their councels; but intermission preventing their free intercourse, made the use of them neglected, and of little esti­mation: for probate of the antiquity of Parliaments, I need not bring many Authors: since William the Conquerour it hath been in use, and the onely way in esteem for the preservation of the li­berty and immunities of the subjects of England, and before his Reigne, from King Lucius to Edward the Confessour, Councels both of the Lords and Commons of the Realm hath been sum­moned to treat of the weighty affaires of the Kingdome, for the safety and protection thereof against forraigne force and invasion; yea in the time of the division of this Isle by the Septuagint, or reigne of the seven Kings, Councells of this nature in their seve­rall Jurisdictions have been summoned, and therefore the benefit of Councels have been known before now: I mean, Councels Nationall. But (as I said) the neglect or abuse makes them now of no value, which is the cause (as I conceive) that makes this pre­sent Parliament regardlesse, especially this Nation being grown to that height of carelesse liberty, and over-spread with contrary o­pinions of the best way for the security thereof, that every man would now be his own judge, what Law and Religion is best to follow and be observed (not looking back to the peaceable times of former ages, when the whole State agreed in one uniformity of law and religion most agreeable to sacred Writ and divine ap­probation) by which means have accrued these sad disasters and distempers that now this land doth groane under; and having plunged it self into these troubles, will not admit of those medi­cines that may cure these sores, prescribed and propounded by the Parliament. And now I proceed to the Power and Jurisdiction of that high Court, wherein it will not be amisse to consider of these particulars: viz.

1 Whether it be in the power of a Parliament called by Writ to alter pre-established State-government.

2 Whether it be in the power of a Parliament to alter Church-government.

3 Whether it be in the power of a Parliament, when their Rights and just Priviledges be undermined, and sought to be subverted by private stratagems, or publike warre, to take up armes in defence of themselves and the whole Kingdome.

1 Touching alteration of State-government pre-established by former Parliaments, I have observed in the severall Reignes of divers Princes of this Kingdome, even from the time of Henry 3. to the Raigne of King Iames of blessed Memory, that Acts made by a general Councell or Parliament in one Kings reigne have been repealed and annihilated by succceding Parliaments: but here is to be observed, that a Parliament consists now of three Estates, King, Lords and Commons: in former times foure estates were were reckoned, King, Lords Temporall, and Spirituall, sitting in the upper or higher House, commonly called the Barons House, or House of Peeres, and the Commons House, consisting onely of Knights and Burgesses: and hereupon ariseth this Question: Whether if the King dissent from his two Houses, and refuse to make Lawes or passe Bills by them agreed unto, and confirmed by Vote, the Subject be obliged thereby? To which I answer, that the custome of divers Parliaments have been to passe Bils by Vote, and if dissented from and not agreed unto, to protest against such refusall, and by armes to defend their priviledge of free Vote, as binding to the whole Kingdome. Vid. Reg. H. 3. E. 3. R. 2. E. 2. H. 7. H. 8. Q. M. Q. Eliz. which government hath conti­nued to this Parliament. This Parliament hath changed the con­tinued Order of divers Parliaments, by expelling the Lords Spiri­tuall out of the upper House, and taking away their Votes, and the Votes of Popish Lords: upon which I conclude, that a Parlia­ment hath power to alter government, if the diversity of times, and necessity of the State, for the safety and preservation thereof, so require, of which a Parliament is the sole Judge.

2 Touching Church-government, many Parliaments have al­tered the forme of Discipline, and manner of worshipping; yea and sometimes the doctrine of the Church, acknowledged and [Page 4]confirmed by a continued succession of Parliaments. Vid. 31, 32, & 33. H. 8. The whole Doctrine of the Church of Rome was abolished and rejected, the Popes supremacy denyed, the Kings superiority in matters Ecclesiasticall approved, acknowledged, and established, and the Protestant Religion in this Nation in some measure restored, which continued till 1. & 2. Phil. & Mary, when the government was again altered, the Protestant Religion adjudged hereticall, and Popery again restored and established, till 1. & 2. Q. Eliz. then the Romish Religion was again suppressed, & rejected, and the Protestant again confirmed, which to this time hath continued, although many times undermined by the Jesuiti­call party, and Popish affected Clergy of this Kingdome, who perceiving it not like by Parliaments to change the government of the Church established and so long time together continued, sought to put by Parliaments, and by degrees to introduce Pope­ry into the government of this Church, but by the providence and mercy of God hitherto prevented: and hence I conclude, That it is in the power of a Free Parliament to alter Church-government, and if so, then much more to purge the government of the Church from erroneous and superstitious Discipline, and from false and Papisticall Doctrines, the Parliament now not endeavouring to change, but purge the errours crept into Religion.

3 Touching the third Question propounded, I need make no Answer thereto, for that the wisdome and policy of that high Court by their present proceedings, and many Declarations to the Kingdome published by their authority, and in their names, have made manifest, That it is lawfull, and in the power of a Parlia­ment, to take up armes in defence of their just Liberties and Pri­viledges, so undermined or violated by open force, or private stra­tagems, which policy of Parliaments is the next and last thing I intend to speak of.

5 Policy I thus divide:

1 Policy joyned with piety, which I call godly policy.

2 Policy without piety, which I call humane, or worldly po­licy.

The first is to be imbraced as profitable to a Common-wealth.

The other to be rejected as pernicious and hurtfull.

Policy joyned with piety may be twofold.

1 Nationall, or State-policy.

2 Private, or particular policy.

The first tending and aiming at the weale and Prosperity both of the King and his Kingdome, and the last aiming at particular profit in particular persons, separated each from others Councels or approbation; I will onely speak of the first, Parliament, or State-policy.

This was Hushai's policy for his master and the House of Iuda, against the pernicious counsell of Achitophel, being joyned with piety, and approved by God, brought the others counsels and him­self to confusion, which is the onely effect of humane and earth­ly policy.

The word may be taken and understood with a double sense, in the evill or good part, politicè, warily: the King of Egypt dealt with the children of Israel wisely, politicè, craftily, cunningly, Come let us deale wisely: here it is taken in the evill part, policy without piety: the aime thereby was only oppression and wrong, and to effect evill purposes. In the speech of Christ to his Apo­stles, Be wise as serpents, and innocent as doves: policy joyned with innocency, pious policy, taken and to be understood in the better part. Policy without piety is divellish policy: And the serpent was more subtill (or wise) then any other creatuoe, &c. The policy of Sauls counsellours against David was divellish, aiming onely to shed innocent bloud: policy joyned with piety preserve [...] peace and tranquillity in a Kingdome, not destroyes it: now then let us see somwhat of this Parliament or State-policy, whether it be godly policy: by the fruit is the tree discerned, by the effects that have followed politicall Counsels will they be known: the effects in brief, as I have observed, are these.

1 By their politique wisdomes, with Gods blessing attending the same, have bin discovered, many treasonable plots & evil pract­ises agitated in private by the papisticall, prelaticall and malignant party in this and all other his Majesties Dominions, for the subver­sion and destruction of the Protestant Religion, of Parliaments, and the fundamentall Laws of this Kingdome, and not only dis­covered, but hitherto prevented.

2 By policy was the act for triennial Parliaments obteyned, the act for continuance of this present Parliament, by which means [Page 6]no way of escape for malignants left, nor no means unattempted to preserve his Majesties person, and royall posterity in glory and dignity, the true Religion, Parliaments and their rightfull Privi­ledges and the Immunities and liberties of the subject.

3. By this policy was the Protestation propounded to the King­dome against Popery, and the usurping jurisdiction of the Prelats by which means the wel-affected from the bad are diserned, and discovered, and be made more easie to be avoyded.

And So I conclude this discourse with this unfeined desire, that it would please God to direct these State Polititians in all their councels, that they may aym only at his glory, preservation of true Religion, of his Majesties person, of peace and prosperity of his people, and to put a speedy end to the sad and bloody divisions be­gun in this Kingdome, that the sword may be again sheathed be­fore utter desolation and destruction be procured to this and other his Majesties Kingdomes.