In
Sr.
H.
Martins
Speech
,
pag.
9.
lin.
25.
for
higher
read
lighter
.
MY
Lords
,
the
worke
of
this
day
,
wherein
the
House
of
Commons
hath
imployed
the
Gentleman
that
spake
last
,
and
my selfe
,
was
to
reply
to
the
answer
,
which
it
had
pleased
the
Lord
Keeper
to
make
to
those
reasons
which
We
had
offered
to
your
Lordships
consideration
,
in
iustification
of
Our
refusall
,
not
to
admit
into
Our
Petition
the
addition
commended
by
your
Lordships
:
which
reasons
of
Ours
,
since
they
had
not
given
such
satisfaction
as
Wee
desired
and
well
hoped
(
as
by
the
Lord
Keepers
answer
appeared
)
it
was
thought
fit
for
Our
better
order
and
method
in
replying
,
to
diuide
the
Lord
Keepers
answer
into
two
parts
,
a
Legall
and
a
Rationall
.
The
reply
to
the
Legall
your
Lordships
have
heard
;
my selfe
come
intrusted
to
reply
to
the
Rationall
,
which
also
consisted
of
two
branches
.
The
first
deduced
from
the
whole
context
of
the
additionall
clause
;
the
second
inforced
out
of
some
part
.
In
the
first
were
these
reasons
,
That
the
same
deserved
Our
acceptance
.
First
,
as
satisfactory
to
the
1.
King
;
Secondly
,
to
your
Lordships
;
Thirdly
,
agreeable
2.
3.
to
what
Our selues
had
often
protested
and
professed
expressely
by
the
mouth
of
Our
Speaker
.
I
must
confesse
these
motives
were
weighty
and
of
great
force
;
and
therfore
to
avoide
mis-understanding
&
mis-conceit
,
which
otherwise
might
be
taken
against
the
House
of
Commons
upon
refusall
of
the
propounded
addition
,
it
is
necessarie
to
state
the
question
rightly
,
and
to
set
downe
the
true
difference
betweene
your
Lordships
and
Vs.
Now
indeede
there
is
no
question
or
difference
between
your
Lordships
and
Vs
,
concerning
this
additionall
clause
in
the
nature
and
qualitie
of
a
proposition
.
For
so
considered
,
We
say
it
is
most
true
,
and
to
be
received
&
imbraced
by
Vs
,
in
toto
,
&
qualibet
parte
,
&
qualibet
syllabâ
:
yea
,
and
were
that
the
question
,
Wee
should
adde
to
this
addition
,
and
in
stead
of
due
regard
,
say
,
Wee
have
had
,
and
have
,
and
ever
will
have
,
a
speciall
and
singular
regard
,
Whereto
?
To
leave
entire
Soueraigne
power
?
No
,
That
were
to
intimate
,
as
if
we
had
first
cropt
it
,
and
then
left
it
:
but
Our
regard
was
to
acknowledge
and
confesse
it
sincerely
,
and
to
maintaine
it
constantly
,
even
to
the
hazzard
of
Our
goods
and
lives
,
if
neede
be
.
To
which
purpose
,
your
Lordships
may
bee
pleased
to
remember
what
strict
oath
every
member
of
Our
House
hath
taken
,
this
very
Session
,
in
these
words
.
I
(
A.
B.
)
doe
utterly
testifie
and
declare
in
my
conscience
,
that
the
Kings
Highnesse
is
the
Supreame
or
Soueraigne
Gouernour
of
this
Realm
in
all
causes
,
&c.
and
to
my
uttermost
power
will
assist
and
defend
all
jurisdictions
,
priviledges
,
preheminences
,
and
authorities
,
granted
or
belonging
to
the
Kings
Highnesse
,
or
united
or
annexed
to
the
Imperiall
Crowne
of
this
Realme
.
So
that
your
Lordships
neede
not
to
borrow
from
Our
protestations
,
any
exhortations
to
Vs
,
to
entertaine
a
writing
in
assistance
of
the
Kings
Soveraigne
power
,
since
Wee
stand
obliged
by
the
most
sacred
bond
of
a
solemne
oath
,
to
assist
and
defend
the
same
,
if
cause
or
occasion
so
required
.
So
that
the
onely
question
betweene
your
Lordships
and
Vs
,
is
,
Whether
this
clause
should
be
added
to
our
Petition
,
and
received
into
it
as
part
thereof
;
which
to
do
,
your
Lordships
reasons
have
not
perswaded
Vs
:
Because
so
to
admit
it
,
were
to
overthrow
the
fabricke
and
substance
of
Our
Petition
of
right
,
and
to
annihilate
the
right
pretended
by
Vs
and
the
Petition
it selfe
,
in
effect
.
For
these
words
being
added
to
Our
Petition
,
viz.
Wee
humbly
present
this
Petition
,
&c.
with
due
regard
to
leave
intire
your
Soveraigne
power
,
&c.
doe
inure
manifestly
an
exception
to
Our
Petition
.
And
an
exception
being
of
the
nature
of
the
thing
whereunto
it
is
an
exception
(
Exceptio
est
de
regulâ
)
must
of
necessity
destroy
the
Rule
or
Petition
,
so
far
as
to
the
case
excepted
;
Exceptio
firmat
regulam
in
casibus
non
exceptis
,
in
casibus
exceptis
destruit
regulam
.
Then
this
construction
followeth
upon
Our
Petition
thus
enlarged
,
that
after
We
haue
petitioned
,
That
no
Freeman
should
bee
compelled
by
imprisonment
,
to
lend
or
contribute
money
to
his
Maiestie
,
without
his
assent
in
Parliament
,
nor
receive
against
his
will
souldiers
into
his
house
,
or
undergoe
a
Commission
of
Martiall
Law
for
life
and
member
in
time
of
peace
:
Wee
should
adde
,
Except
his
Maiestie
be
pleased
to
require
Our
monies
,
and
imprison
Vs
for
not
lending
,
and
send
Souldiers
into
Our
houses
,
and
execute
Vs
by
Martiall
Law
in
time
of
peace
,
by
vertue
of
his
Soveraigne
power
.
Which
construction
,
as
it
followeth
necessarily
upon
this
enlargement
;
so
it
concludeth
against
Our
right
in
the
premises
,
and
utterly
frustrateth
all
Our
Petition
.
Neither
may
it
seeme
strange
if
this
clause
additionall
,
(
which
of
it selfe
in
qualitie
of
a
proposition
,
We
confesse
to
be
most
certaine
and
true
)
being
added
to
Our
Petition
(
which
also
is
true
)
should
overthrow
the
very
frame
and
fabrick
of
it
,
seeing
the
Logicians
take
knowledge
of
such
a
fallacie
,
called
by
them
fallacia
à
benè
divisis
ad
malè
coniuncta
.
Horace
the
Poet
giveth
an
instance
to
this
purpose
in
a
Painter
,
who
when
he
had
painted
the
head
of
a
man
according
to
art
,
would
then
joyne
to
it
the
necke
of
a
horse
,
and
so
marre
both
the
one
and
the
other
;
whereas
each
by
it selfe
might
haue
been
a
peece
of
right
good
workmanship
.
The
second
branch
of
my
Lord
Keepers
Rationall
part
,
was
inforced
out
of
the
last
words
of
this
addition
,
by
which
his
Lordship
said
,
that
They
did
not
leave
entire
all
Soveraigne
power
,
but
that
,
wherewith
his
Maiestie
is
trusted
for
the
protection
,
safetie
,
and
happinesse
of
the
people
.
As
if
his
Lordship
would
inferre
,
that
Soueraigne
power
wherewith
,
&c.
in
this
place
to
bee
terminum
diminuentem
,
a
terme
of
diminution
or
qualification
,
and
in
that
consideration
might
induce
Vs
to
accept
it
.
But
under
his
Lordships
correction
We
cannot
so
interpret
it
:
For
first
We
are
assured
,
that
there
is
no
Soveraigne
power
wherewith
his
Maiestie
is
trusted
either
by
God
or
Man
,
but
onely
that
,
which
is
for
the
protection
,
safetie
,
&
happinesse
of
his
people
.
And
therefore
that
limitation
can
make
no
impression
upon
Vs
;
but
We
conceive
it
rather
in
this
place
to
have
the
force
termini
adaugentis
,
to
be
a
terme
of
important
advantage
against
Our
Petition
,
a
terme
of
astriction
,
as
that
whensoeuer
his
Maiesties
Soveraigne
power
should
be
exercised
upon
Vs
,
in
all
or
any
the
particulars
mentioned
in
the
Petition
,
Wee
should
without
further
inquirie
submit
thereunto
,
as
assuming
and
taking
it
pro
concesso
,
it
induced
to
our
safetie
and
happinesse
,
&c.
Since
therefore
(
as
this
Petition
is
now
conceived
)
it
carrieth
the
forme
and
face
of
a
picture
,
which
representeth
to
the
life
,
the
pressures
and
grievances
of
the
people
,
with
the
easie
remedies
:
(
And
therefore
Wee
hope
that
His
Majestie
,
casting
vpon
it
a
gracious
eye
,
will
compassionate
His
poore
loyall
Subjects
,
and
affoord
a
comfortable
answer
:
)
I
doe
humbly
pray
your
Lordships
not
to
marre
nor
blemhsi
the
grace
and
face
of
this
picture
,
with
this
unnecessarie
addition
:
And
unnecessarie
I
prove
it
to
be
,
according
to
that
rule
,
Expressio
ejus
quod
tacite
inest
nihil
operatur
;
And
Soveraigne
power
in
cases
where
it
hath
place
,
and
ought
to
be
used
,
is
alwayes
necessarily
understood
,
and
though
not
expressed
,
yet
supplyed
by
reasonable
intendment
in
the
opinion
of
all
learned
men
.
And
therefore
as
it
neyther
is
,
nor
can
be
by
Us
expressely
excluded
,
so
not
necessarily
by
your
Lordships
to
be
expressely
included
;
especially
in
this
Petition
,
where
the
addition
therof
would
make
such
a
confusion
of
the
whole
sense
and
substance
.
The
Kings
Soveraigne
Power
and
Prerogative
is
alwayes
able
to
save
it selfe
:
and
if
it
were
not
,
Wee
must
,
without
this
additament
,
save
it
to
Our
uttermost
powers
,
if
We
will
save
Our
Oaths
,
and
save
Our
Soules
.
The
true
state
of
the
cause
thus
standing
betweene
your
Lordships
and
Vs
,
the
House
of
Commons
doth
not
a
little
marvell
,
upon
what
grounds
your
Lordships
are
so
earnest
,
to
urge
upon
them
this
addition
to
be
inserted
into
their
Petition
.
They
nothing
doubt
but
that
the
same
proceedeth
out
of
a
sollicitude
and
feare
which
your
Lordships
have
,
lest
otherwise
the
simple
and
absolute
passage
of
this
Petition
might
be
construed
hereafter
in
prejudice
of
his
Majesties
Soveraigne
Power
.
And
this
your
Lordships
sollicitude
and
feare
proceedeth
from
your
love
(
as
the
Poet
saith
)
Res
est
soliciti
plena
timoris
amor
.
But
I
humbly
pray
your
Lordships
to
examine
with
Vs
the
grounds
of
this
your
sollicitude
and
feare
:
which
grounds
needs
must
bee
laid
eyther
upon
the
words
of
the
Petition
,
or
the
intention
of
the
Petitioners
.
Vpon
the
wordes
there
is
no
possibilitie
to
lay
them
;
for
therein
is
no
mention
of
the
Soveraigne
power
.
And
were
the
words
doubtfull
,
as
thus
,
We
pray
the
like
things
bee
not
done
hereafter
under
pretext
of
your
Majesties
Soveraigne
power
;
yet
in
respect
of
the
protestations
preceding
concomitant
and
subsequent
to
the
Petition
,
such
doubtfull
words
ought
reasonably
to
be
interpreted
,
only
of
such
Soveraigne
power
as
was
not
appliable
to
the
cases
wherein
it
was
exercised
,
not
of
such
Soveraigne
power
that
should
be
justly
practised
.
But
there
are
no
such
doubtfull
words
,
and
therefore
it
followeth
,
that
your
Lordships
feare
and
sollicitude
must
be
grounded
upon
the
intention
of
the
Petitioners
.
Now
your
Lordships
well
know
,
and
the
House
of
Commons
is
not
ignorant
,
that
in
a
Session
of
Parliament
,
though
it
continue
as
many
weekes
as
this
hath
done
dayes
,
yet
there
is
nothing
prius
&
posterius
,
but
all
things
are
held
and
taken
,
as
done
at
one
time
.
If
so
,
what
a
strange
collection
were
this
,
that
at
the
same
time
the
House
of
Commons
should
oblige
themselues
by
a
fearfull
adjuration
,
to
assist
&
defend
all
priviledges
and
prerogatives
belonging
to
the
King
,
and
at
the
same
time
by
a
Petition
(
cautelously
conveyed
)
indeavour
or
intend
to
divest
and
deprive
the
King
of
some
prerogatives
belonging
to
his
Crowne
.
If
therefore
such
feare
and
sollicitude
of
your
Lordships
can
neither
be
grounded
upon
the
words
nor
intention
of
the
Petitioners
,
I
humbly
pray
your
Lordships
to
lay
them
aside
,
and
as
We
doe
beleeve
that
the
proposition
of
this
addition
from
your
Lordships
,
was
not
onely
excusable
,
but
commendable
,
as
proceeding
from
your
love
;
so
now
having
heard
Our
reasons
,
your
Lordships
would
rest
satisfied
,
that
Our
refusall
to
admit
them
into
Our
Petition
,
proceedeth
from
the
conscience
of
the
integrity
and
uprightnesse
of
Our
owne
hearts
,
that
We
in
all
this
Petition
,
have
no
such
end
to
abate
or
minish
the
Kings
just
Prerogative
.
And
so
much
in
reply
to
that
Rationall
part
,
whereby
my
Lord
Keeper
laboured
to
perswade
the
entertainment
of
this
addition
.
This
being
done
,
it
pleased
the
House
of
Commons
to
instruct
and
furnish
mee
with
certaine
reasons
which
I
should
use
to
your
Lordships
,
to
procure
your
absolute
conjunction
with
Vs
in
presenting
this
Petition
;
which
albeit
I
cannot
set
forth
according
to
their
worth
and
the
instructions
given
mee
by
the
House
,
yet
I
hope
their
owne
weight
will
so
presse
downe
into
your
Lordships
consciences
and
judgements
,
that
without
further
scruple
,
you
will
cheerefully
vouchsafe
to
accompany
this
Petition
with
your
right
noble
presence
.
The
first
argument
wherewith
I
was
commanded
to
move
your
Lordships
,
was
drawne
from
the
consideration
of
the
persons
which
are
Petitioners
,
the
House
of
Commons
;
a
House
whose
à
personis
petentium
.
temper
,
mildnesse
,
and
moderation
,
this
Parliament
hath
been
such
,
as
We
should
be
unthankfull
and
injurious
to
Almighty
God
,
if
We
should
not
acknowledge
his
good
hand
upon
Vs
,
upon
Our
tongues
,
upon
Our
hearts
:
procured
(
no
doubt
)
by
Our
late
solemne
and
publique
humiliation
and
prayers
.
This
moderation
will
the
better
appeare
,
if
in
the
first
place
it
may
bee
remembred
in
what
passion
and
distemper
many
members
of
the
House
arrived
thither
,
what
bosomes
,
what
pockets
full
of
complaints
and
lamentable
grievances
,
the
most
part
brought
thither
,
and
those
every
day
renewed
by
letters
and
packets
from
all
parts
and
quarters
.
You
know
the
old
Proverbe
,
ubi
dolor
,
ibi
digitus
,
ubi
amor
,
ibi
oculus
:
It
is
hard
to
keepe
our
fingers
from
often
handling
the
parts
ill
affected
;
but
yet
Our
moderation
overcame
Our
passion
,
Our
discretion
over-ruled
Our
affection
.
This
moderation
also
will
the
better
appeare
,
if
in
the
second
place
it
be
not
forgotten
,
how
Our
Ancestors
and
Predecessors
carried
themselues
in
Parliaments
upon
higher
provocations
;
lesse
could
not
serve
their
turnes
,
but
new
severe
Commissions
to
heare
and
determine
offences
against
their
liberties
;
publique
Ecclesiasticall
curses
or
excommunications
against
the
authors
or
actors
of
such
violations
,
accusations
,
condemnations
,
executions
,
banishments
.
But
what
have
Wee
said
all
this
Parliament
:
We
onely
looke
forward
not
backward
,
We
desire
amendment
hereafter
,
no
mans
punishment
for
ought
done
heretofore
:
nothing
written
by
Vs
in
bloud
,
nay
,
no
one
word
spoken
against
any
mans
person
in
displeasure
.
The
conclusion
of
Our
Petition
is
,
that
Wee
may
bee
better
intreated
in
time
to
come
.
And
doth
not
this
moderate
Petition
deserve
your
Lordships
cheerefull
conjunction
ex
congruo
&
condigno
?
If
a
worme
being
trodden
upon
could
speak
,
a
worme
would
say
,
Tread
upon
mee
no
more
I
pray
you
.
Higher
We
rise
not
,
lower
We
cannot
descend
.
And
thus
much
We
thinke
in
modesty
may
well
be
spoken
in
Our
owne
commendation
;
Thence
to
move
your
Lordships
to
vouchsafe
Vs
your
noble
company
in
this
Petition
,
without
surcharging
it
by
this
addition
.
Our
next
argument
is
drawne
à
Tempore
,
from
à
circumstantia
temporis
.
the
unseasonablenesse
of
the
time
.
The
wise
man
saith
,
There
is
a
time
for
all
things
under
the
sunne
,
Tempus
suum
.
And
if
in
the
wise
mans
judgement
,
a
word
spoken
in
its
due
time
be
as
precious
as
gold
and
silver
,
then
an
unseasonable
time
detracts
as
much
from
the
thing
or
word
then
done
and
spoken
.
We
hold
(
under
Your
favours
)
that
the
time
is
not
seasonable
now
for
this
addition
.
It
is
true
,
that
of
it selfe
Soveraigne
power
is
a
thing
alwaies
so
sacred
,
that
to
handle
it
otherwise
than
tenderly
,
is
a
kinde
of
sacriledge
;
and
to
speake
of
it
otherwise
than
reverently
,
is
a
kinde
of
blasphemie
,
but
every
vulgar
capacity
is
not
so
affected
:
the
most
part
of
men
,
nay
,
almost
all
men
judge
and
esteeme
all
things
not
according
to
their
owne
intrinsicke
vertue
and
quality
,
but
according
to
their
immediate
effects
and
operations
,
which
the
same
things
have
upon
them
.
Hence
is
it
that
Religion
it selfe
receiveth
more
or
lesse
credit
and
approbation
,
as
the
teachers
and
professors
are
worse
or
better
.
Yea
,
if
God
himselfe
send
a
very
wette
harvest
or
seede
time
,
men
are
apt
enough
to
censure
divine
power
.
The
Soveraigne
power
hath
not
now
for
the
present
the
ancient
amiable
aspect
,
in
respect
of
some
late
sad
influences
,
but
by
Gods
grace
it
will
soone
recover
.
To
intermixe
with
this
Petition
any
mention
of
Soveraigne
power
(
rebus
sic
stantibus
)
when
angry
men
say
,
Soveraigne
power
hath
been
abused
,
and
the
most
moderate
wish
it
had
not
beene
so
used
,
Wee
hold
not
seasonable
under
your
Lordships
correction
.
Our
next
argument
is
drawne
à
Loco
,
We
thinke
the
place
where
your
Lordships
would
have
this
à
Loco
.
addition
inserted
,
viz.
in
the
Petition
,
no
convenient
or
seasonable
place
.
Your
Lordships
will
easily
beleeve
that
this
Petition
will
runne
through
many
hands
,
every
man
will
bee
desirous
to
see
and
to
reade
what
their
Knights
and
their
Burgesses
have
done
in
Parliament
upon
their
complaints
,
what
they
have
brought
home
for
their
five
Subsidies
.
If
in
perusing
this
Petition
they
fall
upon
the
mention
of
Soveraigne
power
,
they
presently
fall
to
arguing
,
and
reasoning
,
●nd
〈◊〉
what
Soveraigne
power
is
;
what
is
the
latitude
,
whence
the
originall
,
where
the
bounds
,
&c.
with
many
such
curious
and
captious
questions
;
by
which
course
Soveraigne
power
is
little
advanced
or
advantaged
.
For
I
have
ever
been
of
opinion
,
that
it
is
then
best
with
Soveraigne
power
,
when
it
is
had
in
tacite
veneration
,
not
when
it
is
prophaned
by
publique
harangues
or
examinations
.
Our
last
argument
is
drawne
from
Our
duety
Reticentia
,
that
is
,
to
insinuate
and
intimate
more
than
I
meant
to
speak
.
Our
chiefe
and
principall
end
this
Parliament
,
is
to
make
up
all
rents
or
breaches
between
the
King
and
his
Subiects
,
to
draw
them
and
knit
them
together
from
that
distance
,
whereof
the
world
abroad
takes
too
much
notice
,
to
worke
a
perfect
union
and
reconciliation
.
How
improper
and
unapt
at
this
time
this
addition
would
be
in
respect
of
this
end
,
Wee
cannot
but
foresee
,
and
therefore
shunne
it
;
and
doe
resolve
,
that
it
is
neither
agreeable
to
the
persons
of
such
Counsellors
whom
Wee
act
,
nor
answerable
to
that
love
and
duety
which
We
owe
to
his
Majesty
,
to
hazzard
an
end
of
such
unspeakeable
consequence
,
upon
the
admittance
of
this
addition
into
Our
Petition
,
wherof
(
as
We
have
shewed
)
the
omission
at
this
time
,
can
by
no
meanes
harme
the
Kings
Prerogative
,
the
expression
may
produce
manifold
inconveniences
.
And
therefore
since
the
admittance
of
your
Lordships
addition
into
Our
Petition
,
is
incoherent
and
incompatible
with
the
body
of
the
same
,
since
there
is
no
necessary
use
of
it
for
the
saving
of
the
Kings
Prerogative
,
since
the
moderation
of
Our
Petition
deserveth
your
Lordships
cheerefull
conjunction
with
Vs
,
since
this
addition
is
unseasonable
for
the
time
,
and
inconvenient
in
respect
of
the
place
where
your
Lordships
would
have
it
inserted
:
and
lastly
,
may
prove
a
dis-service
to
his
Majesty
:
I
conclude
with
a
most
affectionate
prayer
to
your
Lordships
,
to
joyne
with
the
House
of
Commons
in
presenting
this
Petition
unto
his
sacred
Majesty
,
as
it
is
,
without
this
addition
.
FINIS
.