not as made of particular persons and that must be taken for its Ordinance which is the agreement of all or the mâ—jor paâ—t without any other consideration of Individualls save sometimes the entring of a dissent which may declare a private dislike but cannot disauthorize any thing For those two objections though you keep an hacking and slashing of them yet you do not at all infirme or destroy them For I would gladly know of you what radiâ—â—ll distinction you can perceive between businesses of greater and lesser moment in the House as you seeme to infer I meane what difference you can make between the House when it handles lesser businesses and the greatest For questionlesse 't is an House still and hath the same Priviledges and authority Nor do's your objection of the frequent summons make any thing for you saving that it proves it hath been a custome to summon in absent Members either when their abillities were particularly aâ—anting or else the number of absent Members took from the Majesty and Splendor Not the necessity and being of the House 2. Though you suppose They might make an House in cases of absoâ—ute Necessity yet you say their was never such a case as till now that 40 might expell 400 c. To this I say that Never was their so great a necessity as that of their suspension as may eaâ—ily be demonstrated 3. 'T was the Army suspended some Members indeed but injur'd not the collective body and abundance absented either through disaffection guilt or suspition and whereas you challenge them to shew such a Law or custome I cannot but laugh at you For if it be lawfuâ—l it may well stand on its one legs without such an infirme and unproper stay If unlawfull you will not expect any example should make it so For by the same reason every vice that can but parallel it self in Zwinger or Lycosthenes will soon be gilded into a vertue and you your self in every action you doe and garment you weare unlesse you can prove your Grandfather did and wore the like sin extremely and herein at one dash confuâ—e your whole Histrio-Mastix whâ—n by so many Presidents Records Iournalls Historyes Diarys Ledgeer Books Anâ—alls Poems Oratiâ—ns c. it can be prov'd that playes have been in former times acted and entertained into the deligâ—ts of Princes as your self write confesse declare acknowledge manifest and prove by Authors in your Retractation to that purpose 4. Then Fourthly since you stand so stifly upon it I challenge you to shew me by any Journall Year-Book Records the time when fourty was not accounted a Parliament though this far exceeds that number For 5. you say Neither Commons nor whole House ought to do it without K. or LL. Still Crambe â—is coâ—â—au sed you not that Topic largely before and do you now vomit it up againe I doe not now wonder at the facultie of squirting Books when you have this art of Repetition Truly voluminous Sir methinks you are like Flaminius his host who entertaine his Noble guâ—st with a great many various dishes which yet in the conclusion proved nothing but Swines-flesh or rather to Erisichthon's daughter who though she were sometimes sold under the shape of a Cow sometimes of an asse sometimes of a Sheep was but still Erisichthon's daughter and therefore who knows one of your Book knows all and who confutes one confutes them all Only I advise all that shall hereafter have to deale with you to medle with you no otherwise then the great Grotius did with a learned man that spoyles and looses abundance of brave learning amidst his volumes insteed of answering the Book to confute the contents So would I interdict any man further Commerce with you then the Title which is ever the best of your Bookes and having confuted that to sit downe in quiet For your answer to the second objection which sneaks in at the Back dore and stands like Ela in the Gamuth and no wonder for a man of your hâ—ste may easily forget Importancies viz. That the present Parliament shall not be dissolved unless by Act of Parliament by tâ—e Statute of 17. Car. ' swas conâ—uted â—ut of what hath been already spoken and hath been already touched upon you But to come closer to you that if the Kings Person were so necessary a businesse with what face did you justify their proceedings without when he was at Oâ—ford or if the forme oâ— writ calling them together to conâ—uâ—t with him Render them a meer Junctiâ—â—o of his and no loâ—ger a body then he lends them a soule what miserable and slavish people were we whose Nationall Counsells were to depend upon the will and pleasure of one man as though we had been created for no other end and cast hither by providence only to make so many vassalls for a Tyrant But I hope Master Prinne you know better what the safety of a people is then to adhere to so miserable Rules which being commonly struck from the present occasion cannot prevent all inconveniences and therefore must be Subject to change and alteration and with what prudence can you â—rge that your Act was only intended as to your lâ—tâ— King not to his Heirs and Succâ—ssors your reasons are so trâ—fling I passe them when you know the King of England never dyes and 't is an horrid thing that the welbeing of a people should depend uâ—on the truth of one who is but a Bubble and must dye like â— man For suppose in that heavy conjunctuâ—e of time which produced the act King Charles had put off his Mortality either the best Parliament that ever was shouâ—d have broke up and left us both in the present hazard of affaires and danger of never any more Parliaments or else the Supreme Right of the People and necessity would have confuted what you assert Besides the Parliamâ—nt was called for such and such ends and if the King had dyed before the fulfilling had it not been mâ—erly an illusion and a frustration oâ— the very act which even obâ—â—gâ— them to the accomplishment of such and such things But methinks that clause which you so Ingenuously quote cleers the Busines and that every thing â—r things whatever done or to be done for the adjourâ—ment or proroging or dissolving of the present Parliament contrary to the present Act shall he utteâ—ly void and of none effect upon this score the Anti-Parliamentâ—t Oxford was counted unlawfull and the Kings disclaiming them â—or a while of none effect But say you the Kings death cannot properly be said a thing done or to be done by him for the adjournment of the Parliament contrary to this present Act cannot make the Kings death voyd and of none effect by restoring him to life againe Spectatum admiâ—â—i Risum Tâ—neatis Amici But pray Sir is not death a privation what talk you then of it as an Act and of a privation you will not say it hath any thing positive the King hath
liberty Notwithstanding they often brought Laws to make a Dictator who had an unlimited power Nor have you Reason to storme with this Parliament for voting the exclusion of part of their Members whereof your selfe were one that had concurred in dangerous and destructive pernicious Votes And now you may see how unsound your Proposition was and how utterly the State of the whole Syllogiâ—me is altered for if you will but take along with you what hath been said you will find their was an huge deal of Equivocation and Fallacy in the words of Parliament and whole Realme and therefore the whole ought thus to be conceived That by the Fundamentall Laws of the Nation what Tax is Imposed by the Câ—mmons of the Realme in a free and fâ—ll Parliament by Act of Parliament and none other is lawfull But this Tax of 90000. l. per mensem was thus Imposed Ergo it ought c. The Proposition is manifest out of what hath beeâ— said to the Assumption for the present I shall say thus much That since King and Lords are no essentiall parts of it and that they make up the customary number we have no Reason to disavow them on that Tophick some other Reason then must we search and see whither they were either lawfully called or else since their calling some act either done by themselves or others have in Law dissolved them But for the Legallity of their Assembling your self are so far from denying that you found some Arguments upon it I further justifie that they immediatly were entrusted by the people and that the Kings did put them into a course not give them Authority for if it had then must all power Immedidately flow from the King which we have deny'd and therefore though the Right of the people were at that time câ—og'd with that load there is no Reason but they might when they could shake it off and restore themselves to those Priviledges nature endowed them with And therefore they must necessarily remain anauthoritative Body after the decollation of the King as not sitting by him But it is a question according to the word of the Law whither they ever can be dissolved or no the King not being alive to dissolve them Howsoever you can distinguish a King in the abstract and concret and know that it is not his Personall presence adds any thing to them for otherwise your own books must rise up against you and all their actions since the Kings deâ—ertion will prove un-Parliamentary We must see if there be any thing that in Law dissolved them since they are in origine a lawfull Assembly and that must either be by the King themselves or some externall power By the King it must be either by some act of his and that I think you are not ready to say or by his remotion and that we have just now answered if by themselves why â—it they or shew me an Act or Ordinance of theirs why they should not if from externall â—â—rce externall force I say may violate it but cannot dissolve it since the Speaker declar'd his opinion two years agoe that nothing could dissolve this Parliament But an Act of Parliament which you cannot produce either in your own sence or mine And now we see what miracles you have perform'd how according to your manner you have esâ—oygn'd from the question for it is not the Recitall of a many Impertinâ—nt Presidents with any slavish head that has but the pâ—tience to collect may muster up to wearinesse But a right stating and deduction of things and a Generall view of the question in its whole latitude that must convince and enforce in these cases For producing authorities though it may be of excellent use in proving matter of fact or that things were so yet it is not of much concernment when matter of right or reason falls under dispute For whosoever do's rightly converse with the writings Records of former times cannot buâ— know that since a many things are spoken out of the sence and interest of the times A many things through decourse of affaires are altered from their Primitive reason a many things imperfectly related and circumstances of great light often omitted they are not at all authoritative to after times save where a cleer and undeniable analogy of reason do's apply and enforce them But least you may thinke I fraudulently elude the strength of your arguments by these generall avisos I care not much if I put them I meane the strength and heart of them for you are very fatall in setting down things at length into a Catalogue briefly overthrowing those that are not Immediatly Implicitly or perempâ—orily answered in the former pages and putting the others to no other trouble but a bare rehersall as things that carry their confutations in their bowells Your First Reason is The Parliament is dissolved by death of the King 2. Or supposing it in being yet the Lords aâ—â—ented not 3. Suppose the Commons alone coâ—ld Impose a Tax yet now the House is neither full nâ—r free if you will give every man leave to be Judge of his own liberty they can the best tell what they think of theirs anâ— they have declar'd themselves free from any feare or Restraint and certainly it is one shrewd signe of it in that they have performed that under that which you call aw which none of their Predecessors in all their pretended lâ—â—erty and fullnesse could ever atchieve and if you say they are not full and free because all their Members doe not actually sit For my part I hold them freer as being eas'd of so oppressive an humour that so long Rendred their Counsells abortive or unprosperous yet in poiâ—t of reason I see not why he should be entrusted with the liberty of a Country that is an enemy to it Or admitted into a Counsell whose ruine he is both by his iâ—terest and opinion obliged to endeavour Though the tendernesse of the Parliament is such that they Reâ—dmit all such as they can either with surety or safety and the obstinacy of the absent Gentlemen is such that they refuse to comply with the ways of providence and come into action rather suspending themselves then being suspended 4. Though it should oblige those places whose Knights Citiâ—ens Burgesses sit yet it cannot those whose c. sit not Now ouâ— of all your Presidents find me one that shall warrant this distinction for that of the writ of wast will not doe for upon the same reason the County oâ—Durâ—am or such Burroughs as have no Members to sit for them are not tyed by any act of Parliament as not consenting to it and for any thing I see the same reason should hold in those Counties or places whose Representatives should be for some unquestionable crime thrust out of the House Nay why may not this extend to absent Members But I pray Sir consider that the House of Commons must be considered as a collected body and
present so surrounded with enemys as who knows we are girt with both extremes which now begin to close and unite into one why should we dissolve any Armie of choice and brave Veterans for a sort of Raw countrie fellows that neither have the courage nor the art of fighting not to mention the just causes of distrust of them which though you indeavour to remove yet you doe nothing for you say 1. These men may enforce an Army till Doomesday as though their politick capacity took away their naturall of Dying or that things would be ever in their present insecurity 2. If they dare not trust the People why should the people trust them this I thinke is your sence for you are long and cloudy and want an expositor The strong Retort they will not follow the humour of the Râ—bble and therefore the Rabble ought to get up on the Saddle and act the bold Beauchamps upon the Common-wealth 3. The Gentlemen of England have little reason to trust this Army that have violated their Laws and say all is theirs by conquest Reader understand this in the contrary sence and Master Prinne is in the Right But he should have told where ever the Army aver'd all was theirs by conquest or if ever any private man said so and if some had said it why the integrity and actions of all shal be blasted through the vapor or Surquedry of a private Souldier Now to the second part of the same tune the second End of this Tax is for Ireland which was but at first 20000. l. now 30000 l. To this you say 1. That by Statutes c. No Freemen ought to be compelld to goe in person c. Or to pay Taxes c. without their consents in a free Parliament such an one you deny this present to be and I contrariwise affirme it and have demonstrated it and so farwell this Argument 2. Most of those Ancient forces are revolted and declared Rebells and therefore this Parliament shall not avail themselves of others in their Roomes 3. Many now pretending for Ireland hath been obstructers of its reliefe This is a strong Argument against the Legalitie of the Tax 4. The reliefe of Ireland is not now upon the first just and pious grounds 'T is false they are now just the same But to joyne with Owen Roe the Parliament have disclaim'd the actions of two brave men in that affaire Notwithstanding the prudence advantage and necessitie of it which certainly cannot but declare that they are not over affected with him and his Interest Your Fourth Reason is the coercive power and manner of Levying this Tax as though upon cases of necessitie and Imminent danger a State must want necessary reliefe because such and such a skittish person is not satisfied and if we see that many actions of private men otherwise illegall are justified by their subordination to the publike How much more must we thinke of Common-wealths themselves in whom the chiefe care and trust of preservation is reposed which how they could be endowed with know not I unlesse they had also a power to enforce those reliefs which necessity and reason of Staâ—e so usually require and therefore your First reason that they ought not to distraine is nothing since it determines not in what cases it is unlawfull to distraine and you withall take it as granted that this is an unlawfull Tax 2. For Imprisonment It hangs upon the same false supposition as the former and all you can instance who hath been imprison'd upon this Act invalid since a many Laws come accompanyed with a terror which they also intend shall seldome or never be put in execution 3. Levying of Taxes by Souldiers was judged high Treason in Strafords case as though there were not difference between a Supreame authority and a Subject a time of peace and War 4. If any person bring his Action at Law we shall be stopt by the Committee of Indemnity as though the Parliament who are so much above all ordinary proceedings of Law ought not in Justice to protect those who execute their just Commands Your Fifth Reason is The tune sticks much with you for if we have such a Tax in the first yeare of Englands declared freedome what shall we have in the second c. To this I answer Evax vah there wants a Comma to expresse Irrision and Indignation Your Sixth Is the order or newnesse of Tax is is the first you find Jmpos'd by the Commons House after the Parliament dissolved Lingua thou strikst too much upon one string Thy tedious plain-song grates my tender ears I thought this Argument had been thred bare enough to be used againe But no matter 't is your custome but certainly A man of your Imployment and speed is to be forgiven if he forget what he wrote three pages before and yet this you confirme with a not able reason as you think out of Ovids Remedio Amoris Principiis obsta c. a bu kin that may fit any fool and clog any objection whatever Your Seventh is the excessivenesse of the Tax A main objection indeed when you were to treat about its Legality but I must tell you occasions are also excessive as I told you when I answered your third Reason in which this your seventh Reason according to the usuall Caball of your writing was also involved I shall onely adde now that I wonder by what Arithmetick you Calculate 90000 pounds per mens to be half the Revenue of the Nation and by what Analogy of Reason you instance the Imposition of the Popes Legate on the English Clergy to affront an Act of Parliament concerning the whole Nation Your Eighth for I would gladly once be rid of you is the Principall Judgement of this Tax is to free us from Free quarter and you say 1. Free-quarter is illegall and you make an ample citation for it and so ought to be taken off without any compensation 'T is true but when there is a Necessity of keeping up a Souldiery whether of the two evills is to be chosen and secondly you say That they have often promis'd to take off Free quarter but still as soon as Contributions were paid there was as much free quartering as formerly and therefore because some under-Officers are negligent and some Common-souldiers rude An Act of Parliament must become invalid although it may be affirmed that the discipline of this Army is as regular and strict as can be possible and therefore it is not strange if they be not subject to such disorders as might commonly make such Companies of men both detestable or hated and yet certainly there are some among them very rare Myrmidons if that strange Tragae-Comedy of May 22. a day it seems fatall to your strong-beer and provisions be true for certainly according to your Lamentations it is as dreadfull and hideous as the breaking up of an Inchanted Castle or some new Commotion in the dolorous Cavâ— or St. Patricks Purgatory
done nothing by it whereby to dissolve and raise the Parliament I shall adde only you stand so strictly upon poore Formalities why you may not as well say that the Parliament is not at al because their are no Bishops in it as wel as you say about Loros For you cannot be ignorant how far in these darke times of superstition the Bishops have incroâ—cht and why should Presidents for the Temporall Lords be more inviolable then for them insomuch that they once came to a contest of Precedency which certainly they would never have done without some assurance of themselves and interest and therefore it was no more Injury to the Lords Temporall to be dispossessed then for the Spirituall they being both derived from one power and though you 'l say the latter were ejected in a free and full Parliament and so not the former yet I think I prov'd other whilst I had in hand your Syllogisme and must now tell you I conceive not what more Right or title the one have then the other and why they may not as well be disrobed of these Priviledges which are both unnecâ—ssary and burdensome and to speak freely Superior to any other in Europe and Inconâ—istent with the liberty of our Nation I shall not much trouble my self with your disingenuitie in quoâ—ing the Parliaments former Declarations against them since that They have been as good as their words in procuring the libertie of the Nation and what they doâ— at this present is meerly out of publique necessity and safety But I must tell you that of all men living you ought the least to encounter your adversaries out of theâ—r own writings since your own doe aboâ—â—d with such strong monstrous Contradiction and forgetâ—ulnesse that a man may suppose you change â—ouâ—es as often as you doe shirts or else there is an unanimous conspiration in mankind to adopt all absurdities whatsoever under your Name And now have I thank the curtesie of my fates fully survey'd your first Reason and truly if your other Nine take me up as much time I shaâ—l with difficulty wade through the rest of this inglorious taske and I am affraid obtain your faculty of Multiplication of lines and in stead of your adversary turn your Schollar like Julian the Emperour that essayed at first what he could say against Christianism but at last exercised himselfe into a losse of it And now for your second Reason which tells us that there are some sit in the House who ought not to sit some whose Elections have been Voted voyd some chosen by a new great Seale since the Kings death some that are Noblemen and therefore uncapable of sitting there c. But stay bring me but one example or president where the illegality of Election deprived the Parliament which must ever be considered in the Aggregat not dis-junctively of its authority and Right sure we have proved them a Parliament and supreme why may not they make a Seal and use it and for the Lords since their House is broke up why should the people be denyed their liberty of choosing or the Lords without any demerit their capacity of sitting For your scruple at the Oath of Alleageance I see not how it oblig'd further then civil obedience in lieu of civill protection or why it should oblige longer then the power that imposed it had existence or why it should oblige a man to a perpetuall pertinacy contrary to his judgement and conscience Till I be satisfied in this I must put away all your Arguments of this heaâ— and in the mean time Recruit you to that judicious and learned piece of Mr. Aschâ—m concerning this subject and truly if you want empâ—oâ—ment you would doe well to gnaw a little upon that file The Third you learnedly draw from the ends of your Tax which being two you accordingly branch your Argument into two heads The first whereof the Maintenance of my Lord Fairfax his Aâ—my and to this you answer That their notorious defections Rebellions have made them unworthy of pay To this I say you in your confused Catalogue of their misdemeanours you lay many things to their charge which are not properly theirs a many things you mistake and many things you falsly suggest so that he that pares off your exaggerations and considers them nakedly will find them an illustrious brave sort of people particulâ—rly favour'd by Providence and worthy all the encouragement and care of this State Then secondly you say No â—ax ought to be imposed but in case of Necessitie let any judge whether there bee not a Necessity for this Tax But you say there is no necessity of keeping up this Army for these strong Reasons The Kingdome is exhausted with seven years Taxes and therefore for saving a little mony now must be utterly ruin'd and as though you in all your reading could want examples how often such a base parsimony hath bin fatall to people and Cities 2. The decay of Trade as though a petty payment hinder'd either Importation or exportation or slackned mens endeavours or as though that money were not spent among the people that pay it and so there can be no decrease in the main stock But a decay of Trade must ever be expected in or immediatly after a civilâ— wâ—rre and so you lodge this cause amisse 3 It destroyes trade why did you not tumble this with the former for they both came to one head Still you â—urn to your voâ— it of impertinency and largenesâ—e 4. There is no visible enemy in the field and therefore not in Houses or abroad Do not you know Maâ—ter Priâ—ue that an enemy is not quite vanquish'd when he is forc'd to give the field but so long as he has animosities grudges opportunities encouragements hopes is to be fear'd and therefore for any people to gull themselves in such a mad security can be no other then to fall a sleep that their enemies might with the better conveniency cut their throats Besides you cannot be ignorant that that Thing which you call a King hovers and flutters over and if he could but engage any forreigne Prince on his desperate lost fortunes would come over and see if he couâ—d set up the Dagon of Monarchy once more amongst us and you would have us tamely cast away our swords that he might with more liberty exercise those cruelties upon us and that either his indignation revenge flatterers or possibly Inclination might suggest unto him 5. This was but at first established 40000 l. per mensem and after 60000. But why 90000 l. now since those for Ireland of that establishment Thou knowest not it seems Wil Prynne Nor thy Neighbours at Swanswick that there are a great many new forces rais'd and their are a great many there already to be maintained The Country Militia's might serve the forme of them in secure time is good enough But not in the midst of such contingencies as we daily see and if we be at