Magna Charta is such a fellow that he will have no Soveraign I wonder this Soveraign was not in Magna Charta or the confirmations of it If we grant this by Implication we give a Soveraign power above all these Laws mind that for all Power and Liberties and Prerogatives are bounded and limited by the Laws and though they be great as the Sea yet have their bounds the Law saying Hitherto shalt thou go and no further and here shall thy proud Waves be stay'd no Prerogative is infinite in England nor any power omnipotent except that of God alone the Law limits and bounds us all from the greatest to the least And therefore Sir Eward Cook goes on telling the House That Power in Law is taken for a power with force The Sheriff shall take the power of the County what it means here God only knows It is repugnant to our Petition that is the King shall not Billet Souldiers raise Money by Privy Seals Loans Imprison without cause in Law shewn c. saving by his Soveraign Power our Petition is a Petition of Right grounded on Acts of Parliament Our Predecessors would never endure a Salvo Jure suo no more than the Kings of Old could endure for the Church Salvo Honore Dei Ecclesiae we must not admit of it and to qualifie it is impossible Let us hold our Priviledges according to the Law that Power that is above this it is not sit for the King and People to have it disputed further Tant The Oath of Allegiance binds us all to maintain the Kings Prerogative Whigg No doubt on 't and let it be for ever Sacred let no Prophane Hand or Tongue touch it no nor so much as think upon it Irreverently both it and the Peoples Liberties as aforesaid are vast and great but they are not Infinite they have their known Bounds and ancient Land-marks and Cursed is that evil Councellor that makes such a Stir to Encroach or Remove them extend them or Stretch them such deserve to Stretch for it For 't is certain that there is no Soveraign Power or Prerogative wherewith any King of England hath been intrusted either by God or Man but what is for Edification not for Destruction for the Weal of his People and for their Protection Safety and Happiness Tant Our Gracious Soveraign in his late Declarations pretends to no other Prerogative but what is legal Whigg All the better for him and us his Royal Father of Gracious Memory seem'd to Disgust his Lords as aforesaid when he told them that he meant not to shew the Power of a King by diminishing their Priviledges Tory. He wanted not bad Instillers sometimes as he Confest afterwards Whigg The Summer shall want Flies e're the Crown want Sycophants swarming about it yet like Musketoes too they usually Burn their Wings in the Flame to this sort some ascribed those words in the Kings Speech I owe the account of my Actions to God alone c. But as for Tunnage and Poundage it is a thing I cannot want Tant No why should he Whigg The matter of taking it was not so much the question as the manner of taking it namely taking it before and without the gift thereof to the King by them that had the only power to dispose thereof Tant Then there was hard Measure to some as well as hard Imprisonment if the Parliament had the only power to give Tunnage and Poundage for the Kings Commission to the Customers begins thus C. R. WHereas the Lords of the Council taking into Consideration our Revenue and finding that Tunnage and Poundage is a principal Revenue of our Crown and has been continued for these many Years have therefore Order'd all those Duties of Subsidie Custom and Import as they were in the Twenty first of King James and as they shall be appointed by Us under our Seal to be Levyed Know ye that we by the Advice of our Lords Declare our Will that all those Duties be Levyed and Collected as they were in the time of our Father and in such manner as we shall appoint and if any Person refuse to Pay then our Will is that the Lord Treasurer shall Commit to Prison such so Refusing 'till they Conform themselves And we give full Power to all our Officers from time to time to give Assistance to the Farmers of the same as fully as when they were Collected by Authority of Parliament Whigg This occasion'd Debates that ended in the Dissolution of that Parliament after which the King call'd no more of eleven long Years and Straits and Necessities were urgent and remediless without a Parliament and woful work in Conclusion Tant Why did the Parliament meddle with the Customers Whigg Because they collected Customs in Tunnage and Poundage without Authority of Parliament Tant King James had them before they were given to him in Parliament Whigg King James had them by Authority of Parliament from the day before his first Parliament begun but the Statute gave him Power so to do but not from the first day of his coming to the Crown for he came to the Crown March 24. 1602. His first Parliament began at Westminster March 19. 1603. and took many things into Consideration and Enacted them before they took into consideration Tunnage and Poundage but 1 Jac. cap. 33. the Commons by the Advice and consent of the Lords gave the King the Subsidy of Tunnage and Poundage at a very low rate namely but three Shillings a Tun for Wine and so proportionably for quantities greater or lesser than a Tun but this expir'd with the Kings Life his only Son and Successor took it without Authority of Parliament as his Father took it by Authority of Parliament to the great Disgust of his Parliament who did at length grant him Tunnage and Poundage upon certain Trusts and Confidences from the 9th of August 1641. for about three months 16 Car. 1.22 Tant What no longer Whigg Not at one loose then by 16 Car. 1.25 they trusted the King with the Customs from November 30. 1641. to February 1. namely for two Months longer Then the other Hitch for five Months namely from February 1. 1641. until July 2. 1642. Then they continued it for some little time by 16 Car. 1. c. 29. cap. 31. cap. 36. Tant But did the Free Free-Parliament in 12 Car. 2.4 give it to our gracious King for no longer time Whigg Yes yes for his Life but upon trust too so sayes the Act namely The Commons Assembled in Parliament reposing Trust and Confidence in your Majesty in and for the Guarding and defending of the Seas against all Persons intending or that shall intend the Disturbance of your said Commons in the Intercourse of Trade and the Invading of this Realm c. Tant Then it was granted for these Uses and Considerations belike and should be made Use of for no other end you would say Whigg Yea I do say so as the said Statute sayes Tant
years namely from March Anno Domini 1628. until April 13. 1640. which lasted but twenty dayes his Majesty Dissolving them also for they went on in the old Story looking back since the last Parliament at the Grievances which were as numerous as intollerable but the King found it necessary to call another Parliament which met November 3. 1640. and did the strange things you have heard Tant Sure the People were mad stark mad in 40. and 41. Whigg Oppression makes Wise men mad Tant Did not Addresses come from all parts to thank the King for Dissolving the Parliaments so fast Whigg No such matter for the people were so enraged when the Parliament was Dissolved 1628. attributing it to the D. of Buckingham that they would ordinarily utter these words Let Charles and George do what they can The Duke shall dye like Doctor Lamb. Tant How dyed Doctor Lamb Whigg The Boyes ordinary People and the Rabble beat him and bruised him and left him for dead falling on him as he walk't through the Old-Jury calling him the Duke's Conjurer Tant But when the Duke was Stabb'd who did they blame for the Dissolution of the Parliament Whigg Who who but the powerful men at Court especially Bishop Laud some few dayes after two Libels being found in the Dean of Paul's Yard to this effect Laud look to thy self be assured thy Life is sought as thou art the Fountain of Wickedness repent of thy monstrous Sins before thou be taken out of the World and assure thy self neither God nor the World can endure such a vile Councellor or Whisperer to live The other was as bad against the Lord Treasurer Weston Tant What he that you say dyed a profest Papist Whigg The same Tant But Bishop Laud dyed of the Church of England Whigg Yes yes It is better to be the Arch or Chief of the Clergy of England and chief Favourite Also than to be the Second at Rome and he very fairly refused a Cardinal's cap which was proffer'd him and I believe he was no more a Papist in heart than I am what he did in complyance with Popery and Popish Ceremonies was only in complacence to you know who Tory. The more blame-worthy to act against his little Conscience as appear'd by the then Favourites for Strafford Noy Laud c. untill Preferment dazel'd them and height made them Vertiginous and Turn-sick were as steddy Protestants and English-men as any Whigg Ay Ay the Devil knew what he did when he proffer'd our Saviour the Kingdoms of the World shewing the glory of them tempting him as if they had need be assisted by Divinity who are Temptation-proof Tant Right for onely Divines are temptation-proof Whigg True none are Temptation-proof but those that are true Divines in Reality not Divines that are such in Name onely or such that lay heavy burdens on others but will not touch them themselves with one of their fingers or such as preach Prayers and Tears onely to other Christians whilest they themselves tear and rend with the Civil Sword curses instead of prayers and instead of tears rant it with blood and wounds Tory. You think the Laws are the onely as well as the best Boundaries to keep King and People within their just limits and duty Whigg Right The Rules of Justice or the Laws are the Hercules Pillars or the nè plus ultra to King and People to the Kings Prerogative and the Peoples Liberties as they are the Hercules Pillars so they are the Pillar to every Hercules to every Prince which if he pass he goes into the vast Ocean the Lord knowes whither for no body knowes what will be the End and Issue of such dismal wandring Therefore the old Rule of Law is Solum Rex hoc non potest facere quod non potest justè agere The King can do nothing but what he can Legally do Therefore Antiochus King of Asia sent his Letters and Missives to all his Provinces That if they received any Dispatches in his Name not agreeable to Law and Justice Ignoto se literas esse scriptas ideoque iis non parerent he disclaim'd the same as not being his Act and deed though attested under the Broad-Seal Tory. But suppose at a Bone-fire on a Thanksgiving Night such a Whigg as you pass by and will not drink the Kings Health or the Dukes Health and I break your head Whigg Whigg Then you are a Ryotor and the Magistrates ought to punish you accordingly and in my own defence I may lawfully Knock your Pate again Tory to get out of your clutches Tory. That might occasion Knocking-work Whigg Have a care then that you keep the Kings-Peace and do not dye as a Fool dyeth for he that makes the assault the Aggressor must be responsible for all the mischief that ensues from his own wickedness and villanously-bold attempt in stopping the Kings Subjects and setting upon them with violence in the Kings High-way walking peaceably by them Tory. There is none but a Rebell will refuse the King or Dukes Health Whigg There is none but a drunken Coxcomb will say so besides 't is expressely against His Majesties Proclamation publisht Against forcing of Healths down mens Throats whether they will or no. Tory. Wee for the King will Drink and Whore It showes our Loyalty the more Whigg Ay such Loyalty has done wonders wonderful Mischief and the Kings Friends were his greatest Enemies and Traytors and most guilty Laesae Majestatis Tory. How prove you that Whigg Infallibly by the Premises for if the King can do no wrong and can onely do that that Legally and justly he may do then 1. Tunnage and Poundage without Authority of Parliament 2. Money for Knights Fees or lest you should be made a Knight 3. Loans and Privy Seals Benevolences and Monopolies 4. Billeting of Souldiers 5. Ship-money and Ship-writs 6. Imprisonment and seizures for refusing to pay those illegal Taxes were none of them the Kings Act and deed though in his Name and under his Seal Tant That 's strange why man the return of the Cause of their Commitment upon their Habeas Corpus was this Per speciale mandatum domini Regis that the Prisoners were Committed by the special Command of the King himself and so the Council Order'd Whig That 's Braze Good Councellors will take upon themselves harsh things and leave the King the Honour and Thanks of our Acts of Grace and Goodness but this invests all the order of true Politicks Mercy and Goodness only naturally and immediately flow from the Throne Justice from the Ministers Therefore the Sword is carried before him but the Scepter in his Hand Tory. Ay but it was advised that the Calling of a Parliament being pleasing to the People and obliging should be given out to be at the motion of Buckingham Ay Ay But when it was Dissolv'd the King did it in his own Person as well as by his Prerogative But has the King such a Prerogative to Adjourn
them can tell what or who is the Church but usually by the Church they mean themselves the Clergy that is the promoted and Dignifyed Clergy-men and how the Vilest and worst of Clergy-men came to be promoted by their Vileness and Villanies you have heard for no other Clergy-men could be found so to Debauch their Consciences the Laws of England and the Protestant Religion and these are the men Forsooth whose Spitle we must all lick up and be punish'd if we speak never so little against them Ten thousand times more than when by Curses and Oaths we Blaspheme the Holy Name of God Oh brave World and brave Holy Religion and bravely managed Tant You are warm upon us Whig Is this a time to be Meally-mouth'd To sit weeping and wailing and wringing of hand with Prayers and Tears only when Tant When what Speak out Whig I will not Catch-pole you do but ly at lurch to undo a man for speaking Truth if you can but by hook or Crook drill him in and bring him within the reach or swing of some Old Stretch'd Law to colour as well as vindicate safely the private Spleens and Revenge every body sees you and yet you think you walk invisible and now too having got Tory here to be a Fellow-witness with you Oh how you will Strain a word and your own Consciences To bring a man that Thwarts your Evil purpose to be Maul'd by Law especially when you get which is not difficult a Jury and for your Turns Tory. You speak feelingly Whigg Jeet on and mark the end on 't there is an over-ruling Providence and God of Justice the very Heathens apprehend it and the Wheel of Fortune comforted the Captive Prince that drew the Conqueror's Chariot the Wheels whereof turning round and the upmost side forthwith undermost and the undermost again uppermost comforted and cheer'd his Captivity with the certain incertainty inconstancy and vicissitude of things And therefore good Rampant Tory let not him that putteth on his Armour boast himself yet you think you have got the World in a string and since the days of Blessed Mary Popery Coleman says had never so fair and likely a Prospect Tant I am not for Popery Whigg No not for the Name I believe thy Religion is 1500 l per Annum call it by what Name any body pleases Tory. But did not you say Whigg that you would prove by Common-Law Statute-Law Reason and Equity that the Law determines how and when Parliaments shall sit or be Dissolv'd How long they shall sit and when they shall be called all which I understand lay no where but in the Hallow of the Kings-Breast His Will and Pleasure Whig No Acts of Justice as a King lyes so incertainly only as at the will and pleasure of the King so as not to be determined by Law though some Acts of Mercy and Pardon are purely Arbitrary to adorn the Throne For if that did all our other Laws are nothing worth but at the good pleasure of the King and His Ministers Arbitrarily For for all their Transgressions none can call Evil Ministers to Account but a Parliament at least none more properly And if they can stave off a Parliament at pleasure and Dissolve it at pleasure we hold all our other Liberties Charters and Properties at pleasure which they have often oppress'd and invaded as aforesaid and when a Parliament call'd them to a Reckoning and Account for their Roguery and worse than march them off Here the Remedy by this Rule is left to the mercy and good will and pleasure of the Disease when Evil Ministers Disease the Common-wealth and this Disease may not be inquired into by the only Physitians the Parliament For Alas the Judges know who gives them and continues to them their Places and Soft Seats Tory. You see as aforesaid in King Charles I. his Speeches his Declarations c. Still he inculcates and bids them remember that the Calling Adjourning Prorogueing Holding and Dissolving Parliaments are in his Power Whig I believe you mistake for the Houses usually if not always do Adjourn themselves but they are Prorogued and Called and Dissolved by the King so all Criminals or so suspected are Indicted by the King that is in the Kings Name but the Law directs it both how and wherefore Tory. So you would say the Law directs the formal part also of Calling and Dissolving of Parliaments to be by the King in His Name but the wherefore or cause of Calling and Dissolving Parliaments is limited and determined by the Law and the time of Intervals which the King cannot pass or dispute with Whig Yes surely or else the great foundation of our Laws Parliaments the banks that limit and bound the out-ragious swellings and overflowings of Arbitrary and unlimited dominion would be strangely deficient and lame in not providing first and especially for its own Preservation against Arbitrary Will and Pleasure Tant Nay I suppose you are a Learned and Stout Champion for the Laws and for the Laws of Parliament and much Skill'd in them Whig I pretend to no Skill therein nor to the Honour of it all I have to say or have said on this Subject is only as an Historian of Whiggism a bare summary Collection of what others have done and said as to these particulars in the Reign of King Charles I. to rub up your memory with my brief Notes not to tell you any thing you have not heard before but with little Cost and Charge give you the Marrow of greater and more Elaborate works at an easier rate and minute Expence both of Money and Time Tant Well said I like that very well for I have not much of either to spare but first say what the Common Law enjoynes as to the Holding or Dissolving Parliaments Whig Few know what the Common Law is Coke says it is founded in the Immutable Law and Light of Nature agreeable to the Law of God requiring Order Government Subjection and Protection containing Ancient usages warranted by Holy Scripture and because it is generally given to all King and People Poor and Rich Lords and Commons it is therefore called Common Now consider that never any King of England had any Prerogative but what the Common-Law or Statute-Law gives them nor any Liberty or Priviledge but by Law The Prerogative is a Royal Priviledge Privilegio quasi privatae Leges Priviledges are Private Laws which always yields to the Common-Law Common-weal and Common-Benefit The King has no Priviledge or Prerogative contrary to the Publick-weal Order Government and Protection of the People Apply this to the question in hand concerning Holding or Dissolving of Parliaments And therefore in the Mirror of Justice a Book so commended by the Lord Coke that he saith it contains the whole Frame of the Ancient Common-Laws of this Realm from the time of King Arthur till near the Conquest Citesout of it one Law Concerning Parliaments made Reg. R. Alfred Anno Dom. 880.
But how will you mend your selves if I get some of it for secret Service Whigg Thou art capable of any secret Service but Pimping Tant Pimping that becomes not my Coat Whigg True but I could tell you a time when Pimping and Conniving at Whoredom and Adultery has been as ready a road to a Bishoprick as ever Sybthorp Manwaring or Mountague took Tant In what time I pray Whigg In what time Catch-pole in no good time Tant Well say tho' in what time good Whigg Whigg When Popish Councils prevail'd most and Popish Interest Tant Oh! a great while ago Whigg Yes yes Man-Catcher how fain thou wouldst find me tripping Tant But did King Charles 1. take Tunnage and Poundage and Imprison the refusers without Authority of Parliament for the first 15 years of his Reign Tory. Yes indeed Mr. Richard Chambers was Imprisoned for refusing to pay Customs and had also 7060 Pounds of his goods taken from him and was fined 2000 l in the Star-chamber Tant See what it is to be obstinate and Rebellious Whigg What language these Tantivees have Obstinate and Rebellious when it was Voted and Declared by the honourable House of Commons Anno 1627. 1628. That whosoever shall Counsel or Advise the taking or Levying of the Subsidy of Tunnage and Poundage not granted by Parliament or shall be any Actor or Instrument therein shall be reputed an Innovator in the Government and a capital Enemy to the Kingdom and Common-wealth And if any Merchant or Person whatsoever shall voluntarily yield or pay the said Subsidy of Tunnage or Poundage not being granted by Parliament they shall likewise be reputed Betrayers of the Liberties of England and Enemies to the same As may appear by the said Order upon Record Now good Tantivee what shall a Subject do in this Case he must necessarily be ground-crusht between two Mill-stones if he Payes not the Kings party take all from him and if he Payes the Parliament punishes him for Betraying the Liberties of England and as a common and capital Enemy Tant There is but Right and Wrong in the World which of them were in the Right Whigg Neither of them would acknowledge themselves in the Wrong I 'le warrant 'till the longest Sword decided the Quarrel Tant But might not Mr. Chambers have been Pardoned if he would have Recanted these words They meaning the Merchants are in no parts of the World so screw'd and wrung as in England and that in Turkey they have more Incouragement Whigg Recant yes they brought him a Recantation to Subscribe and then he should be Released of his Fine 2000 l But the draught of Submission he Subscribed thus All the abovesaid Contents and Submission I Richard Chambers do utterly abhor and detest as most unjust and false and never 'till Death will acknowledge any part thereof Richard Chambers Also he underwrit these Texts of Scripture instead of Submission namely That make a man an Offender for a word and lay a snare for him that reproveth in the gate and turn aside the just for a thing of nought Wo to them that devise Iniquity because it is in the Power of their hand and they covet Fields and take them by Violence and Houses and take them away so they Oppress a man and his house a man and his heritage Thus saith the Lord God let it suffice you Oh Princes of Israel Remove Violence and Spoil and execute Judgment and Justice take away your Exactions from my People saith the Lord God If thou seest the Oppression of the Poor and violent perverting of Judgment and Justice in a Province marvel not at the matter for he that is higher than the highest regardeth and there be higher than they Per me Richard Chambers Tant But did He that is higher than the highest regard and shew his Displeasure in this Affair Whigg It is neither safe nor easy to unriddle the meaning of Gods Providence by the Events But as to matter of Fact History tells us that Richard Chambers notwithstanding his vast Losses for which he never had considerable Reparation when time serv'd so thankless an Office it is to be a State Martyr as to the gratitude of men but by Gods goodness to him he liv'd to be Sheriff of London and a worshipful Alderman thereof but his Judges in the Star-Chamber many of them did not come to the Grave in Peace but went out of the World as naked as they came into it stript of all before they were bereav'd of Life yet the Lord Treasurer Weston dyed of his fair death flying beyond Sea and withall he dyed a professed as before he was vilely suspected and taken upon suspition for a Masquerade Papist Tant You Whiggs thought him a Covert-papist or a Protestant in Masquerade when he was so preferr'd at Court from Chancellor of the Exchequer to be the great Lord Treasurer Whigg He was a Creature of Buckingham's making and Bishop Laud's Confirming Tant Do Bishops confirm Lord Treasurers Whigg Sometimes as well as turn Lord Treasurers themselves as they used to be Tant The worst of the Disciples carryed the Bag. Whigg That Rule holds not always true Tant But if the said Treasurer did Dye a profest Papist that looks not well on our side Tory. Nor can it surely be deny'd and the Commons were so sensible of it that they agreed upon this ensuing Petition to his Majesty concerning Recusants long before Weston grew so high in these words To the Kings most Excellent Majesty YOUR Majesties most Obedient and Loyal Subjects the Commons in this present Parliament Assembled do with great Comfort remember the many Testimonies which your Majesty hath given of your Sincerity and Zeal for the true Religion Established in this Kingdom and in particular your gracious Answer to both Houses of Parliament at Oxford upon their Petition concerning the Causes and Remedies of the Increase of Popery that your Majesty thought fit and would give Order to Remove from all Places of Authority and Government all such Persons as are either Popish Recusants or according to direction of former Acts of State justly to be suspected which was then Presented as a great and principal Cause of that Mischief but not having received so full redress herein as may conduce to the Peace of this Church and safety of this Regal State they hold it their Duty once more to resort to your Sacred Majesty humbly to Inform you that upon Examination they find the Persons underwritten to be either Recusants Papists or justly suspected according to the former Acts of State who now do or since the Siting of the Parliament did remain in places of Government and Authority and Trust in your several Counties of this your Realm of England and Dominion of Wales The Right Honourable Francis Earl of Rutland Lieutenant of the County of Lincoln Rutland Northampton Nottingham and a Commissioner of the Peace and of Oyer and Terminer in the County of York and Justice of Oyer
from Trent Northwards and also against his Deputy Justice in Oyer from Trent northwards the right Honourable Viscount Dunbar Deputy Lieutenant in the East riding of York-shire his Wife and Mother and the greatest part of his Family being Popish Recusants also against William Lord Eure a convict Popish Recusant and in Commission for the Sewers Henry Lord Abergavenny John Lord Tenham Henry Lord Morley John Lord Mordant John Lord St. John of Basing Captain of Lidley Castle in Com. Southampton Em. Lord Scroop Lord President of his Majesties Council in the North Lord Lieutenant of the County and City of York and of Kingston upon Hull Anthony Viscount Mountague in Commission of the Sewers Sir William Wray Knight Deputy Lieutenant Collonel to a Regiment his Wife a Recusant Sir Edward Musgrave Sir Thomas Lampley Justices of Peace and quorum Sir Thomas Savage Deputy Lieutenant and Justice of the Peace his Wife and Children Recusants Sir Richard Egerton a Non-communicant Thomas Savage Esquire a Deputy Lieutenant a Recusant and his Wife Indicted and Presented William Whitmore Sir Hugh Beeston Sir William Massy Sir William Courtnâ—y Knight Vice-warden of the Stannery and Deputy Lieutenant a Popish Recusant Sir Thomas Ridley Sir Ralph Conyers James Lawson Esquire Sir John Shelley Knight and Baronet a Popish Recusant William Scot Esquire a Recusant John Finch Esquire not convicted but comes not to Church Sir William Mullineux Deputy Lieutenant and Justice of the Peace his Wife a Recusant Sir Richard Houghton Knight Deputy Lieutenant Sir William Norris Captain of the General Forces and Justice of Peace a Recusant Sir Gilbert Ireland Justice of Peace a Recusant James Anderton Esquire Justice of Peace and one of his Majesties Receivers Edward Rigby Esquire Clerk of the Crown Justice of Peace himself a good Communicant but his Wife and Daughter Popish Recusants Edward E Robert Warren Clerk a Justice of the Peace justly suspected for five Reasons there mentioned Sir Henry Compton Knight Deputy Lieutenant Justice of the Peace and Commissioner for the Sewers Sir John Shelly Knight and Baronet himself and his Lady Recusants Sir John Gage a Popish Recusant with a vast number more of Justices of Peace and Commissioners of Sewers either Papists or justly suspected Wherefore they humbly beseech your Majesty not to suffer your loving Subjects to continue any longer discouraged by the apparent sence of that Increase both in number and power which by the Favour and Countenance of such like ill affected Governours accreweth to the Popish Party but that according to your own Wisdom Goodness and Piety whereof they rest assured you will be graciously pleased to Command that Answer of your Majesties to be effectually observed and the Parties above named and all such others to be put out of such Commissions and Places of Authority wherein they now are in your Majesties Realm of England Contrary to the Acts and Laws of State in that behalf Tant Those last words were Pungent Tory. Not prevalent surely for the Parliament was soon after Dissolved and the House of Commons having Intimation of their intended Dissolution made what hast they could to perfect a Remonstrance or Declaration against the Duke of Buckingham and concerning Tunnage and Poundage taken by the King since his Fathers death without consent in Parliament and which were never payable they say in their Remonstrance to any of his Majesties Ancestors but only by a special Act of Parliament and ought not to be levyed without such an Act. Tant And did the King go on Collecting and taking Tunnage and Poundage notwithstanding Tory. Yes he said he could not want it and sent them a former Message that if He had not a timely supply He would betake himself to New Councils Tant New Councils what were they Tory. The Commons in their said Remonstrance often with thoughtful Hearts remember the words New-Councils repeating and Repeating them as if they were somewhat against the old Parliamentary Councils and course of this Kingdom and they Order'd every Member of the House to have a Copy of the said Remonstrance for they had not time to Present it to his Gracious Majesty but were Dissolv'd though the Lords also prepared a Petition to stay the Kings purpose in Dissolving the Parliament sending Viscount Mandevil Earl of Manchester Lord President of his Majesties Council the Earls of Pembrook Carlisle and Holland to entreat his Majesty to give Audience to the whole House of Peers But the King returned Answer that his Resolution was to hear no motion for that purpose but He would Dissolve the Parliament and he was then as good as his Word for he immediately Dissolved them by Commission under the great Seal Dated at Westminster June 15.2 R. R. Car. 1. 1626. To that purpose And withall Publishes a Declaration in Print concerning the Grounds and Causes which moved his Majesty to Dissolve this as also the former Parliament Dated June 13. 2 Car. 1. two dayes before the Date of the Commission Tant It was the readyer against the time of using it Coleman was as provident Tory. Right And also a Proclamation was published against the said Remonstrance of the Commons commanding all Persons of what Quality soever who have or shall have hereafter any Copyes or Notes of the said Remonstrance forthwith to Burn the same that the Memory thereof might be utterly abolished upon Pain of his Majesties Indignation and high Displeasure Tant Then the Tide did run very high Tory. The King also Published another Proclamation against Preaching or Disputing the Arminian Controversies Pro or Con but the effects of that Proclamation how equally soever intended became the stopping of the Puritan's Mouths and an uncontroul'd Liberty to the Tongues and Pens of the thriving Divinity-men the rising side Mountagues Party And though the Parliament was Dissolv'd so that the Duke of Buckingham for that nearly-reflecting Article the last against him which the King in Honour and by the Bonds of natural Affection and Piety to the Memory of his Deceased Father thought himself obliged to Call him to a publick account for so Daring an Insolence in applying a Plaister to the Kings breast against his Will and without the Advice and contrary to the Opinion of the Sworn Physitians of King James who attributed the Cause of his trouble unto the said Plaâ—â—â—â—â— and a Drink that Buckingham gave him as was Alledged in the Thirteenth Article of the Dukes Impeachment and the said Drink twice given to the King by Buckingham's own Hands and a third time refused by the King who felt great Impairment of his Life and Health complaining of the Drink that the Duke gave him His Physitians telling him to Please him and Comfort him that His second Impairment was from cold taken or some other ordinary Cause No no said his Majesty It is that which I had from Buckingham as more at large much aggravated and insisted upon by Mr. Wandesford who managed the Thirteenth Article of the Impeachment against Buckingham Tant But what
said the Duke in his own Justification and Defence in the Star-Chamber Tory. He denyed it and examined divers Witnesses about the matter Tant And what then Tory. Nothing more the Cause never came to Judicial Hearing in that Court Tant Then let us hear no more of it I am sick of it my self I never heard so much before Go on Tory. After the Parliament was Dissolv'd and things well husht the Privy Council Order'd all Customs to be paid and the Refusers Punisht by Fines Imprisonment this was deem'd one New-council and Loans another Tant Loans prythee Tory what were they Tory. The King sent to the Rich a Letter beginning Trusty and Well-beloved c. under the Privy Seal requiring him or them to send him within twelve dayes so much Money as for Example in the West-riding in York-shire to Sir Thomas Wentworth 20 l Sir Francis Fuljam 20 l Sir Edward Osburn 30 l Godfrey Copley Esquire 15 l promising in the Name of the Kings Majesty his Heirs and Successors to repay the Money so lent Tant Ay when le ts hear that Tory. Within eighteen Months Tant And was the Money Repayed Tory. Pish that 's a silly question then of the City of London the King bid them lend him a hundred thousand pound Tant Well said a few such Summs from Towns or Cities would do the business but did they lend the Money Tory. No the City desir'd to be excused Tant And what then Tory. Then the Privy-Councel required them all excuses set apart to return a Direct and speedy Answer to his Gracious Majesty or in default thereof that his Majesty may frame his Councils as appertaineth to a King in such extream and Important occasions Tant And were they not afraid and apprehensive of the Innuendo Tory. The Commands rested not here for they also commanded the City to Equippe twenty of their best Ships in the River with all manner of Tackle Sea-stores and Ammunition men and Victuals for three Months Tant And did they do it Tory. They grumbled at it saying it was without President as did also the Deputy-Lieutenants and Justices of Peace at Dorset having received the Kings Commands for setting forth Ships from Pool Weymouth and Lime but the Council checkt them for daring to dispute Orders instead of obeying them and whereas they mention presidents they might know that the presidents of former times were Obedience not Direction Whigg It would puzzle a good Historian to find presidents of Obedience in England to Arbitrary-sway and Orders of Privy-Council for Impositions without Law to back them Tory. How Did not stout King Edward 1. Command Roger Bigot Earl of Norfolk and Lord Marshal of England and several other Lords to go to the Wars in Gascoygne in France which they refusing except the King himself went also in Person But the King threatned then to take away their Lands and their Lives saying to the Lord Marshal and Swearing By God Sir Earl you shall either Go or Hang. Whigg Ay but the Earl answered the King at the same moment I Swear by the same Oath I will neither Go nor Hang and so without leave went out of the Room and departed and shortly after he and Humphrey Bohun Earl of Hereford and other Lords and Noble-men Assembled and other their Friends to the number of thirty Bannerets one thousand five hundred men at Arms well appointed and stood upon their Guard but the King Dissembled his Resentments at that time being about to go to Flanders where he spent much Money and for recruit Summons a Parliament to meet at York promising from thenceforth never to charge his Subjects otherwise than by their Consents in Parliament and also to Pardon all such as had denyed to attend him in this Journey Tant And did they trust the Kings word Tory. Yes but he broke it and all his other Oaths and Confirmations of the Peoples Charters made in Parliament two Years after having obtained and bought a Pardon for so doing as aforesaid of his Holiness nay he begun to play his Arbitrary Pranks long before that for in 8 Edw. 1. he sent out his Writ of Quo Warranto a fine Engine to get Money to examine by what Title men held their Lands which upon flaws found in their Charters and pryed into by the Lawyers brought him in much Money 'till John Earl of Warren stopt the Current and stem'd the Tyde for calling upon him to show his Title He drew out an old rusty Sword and said He held his Land by that and by that would hold it to Death and having many Backers it made the King desist from his Project Tant An old rusty Sword dost say that was more than the old Christian Weapons Prayers and Tears Tory. And stopt the Kings Tyranny and lawless Usurpations more than a thousand Petitions Prayers and Tears Tant Still I say Subjects Christian Subjects should use no Weapons but Prayers and Tears Whigg What not against Robbers Thieves and Murderers Tant Not against Magistrates that Rob by Law Whigg Thou talk'st like an Asse every day more than other Rob by Law a Contradiction in terminis if there be Law for it it is not Robery Theft nor Murder and if it be against Law or without Law all violent taking of mens Goods one Subject from another is Theft and Robbery except the Law enjoyn it and may lawfully be Resisted without all doubt in like manner and with such Weapons as the Onset or Assault is made Tant What in an Officer a Commission-Officer Whigg No man can be Authoriz'd to do an ill thing or an illegal thing by any mans Commission much less by the Kings Commission or the Broad-Seal for the King can do no wrong if it be wrong it stands for nothing it is not the Kings act nor the Kings Commission but Surreptitious and punishable Tant And who shall Judge of its Legality or the legality of the Resistance Whigg The Judges and the Law and the Juries Tant Nay then we are well enough yet Whigg If you be well keep you so whil'st you are well but remember Belknap Tresilian c. many Judges have been Hang'd right right and good Reason for corrupt and false Judgment there are they that shall judge the Judges Tant Ay but when at the day of Judgment Whigg Yes yes no more on 't but this Doctrine of resisting with other Weapons than Prayers and Tears Force with Force Violence with Violence in our own just Defence seems so strange to the new Tantivee-men that herein join with the old Error of the Anabaptists condemned in the 37 Article of the Church of England as also the Family of Love who Condemned all Wars as did the Manichees nay the learned Ludovicus Vives saith Arma Christianum Virum tractare nescio an fas sit I know not whether or no it be lawful for a Christian to Fight at all or go to the Wars and wear Weapons Lactantius also was against all Killing right and
all Kings are called so especially whilst they Live and to their Heads for a King can do no wrong And all men acknowledged that King Charles I. of his own Natural Temper was inclined to Goodness and Mercy and Justice and Righteousness and the keeping of Faith with men and observing his Word fulfilling his Promises and keeping stedfast to Religion and therefore they think that he knew nothing of the matter when Popish-Books or Books in Favour of Popery as Mountagues Book aforesaid and the Authors of such Books and the Books for Arbitrary Government and the Authors of them Sybthorp aud Manwaring were the men and the Books the Tenents Doctrines and Opinions that were prefer'd advanc'd extoll'd cry'd up and Countenanc'd at Court above all other men and Books were really Orthodox and according to Law nay some think the King knew not that Mountague and Manwaring were not only Pardon'd but made Bishops since the Parliament had judg'd them unmeet for their demerits which no man in England durst publickly own or vindicate to this day and vile wretchedness and false Doctrines to be uncapable of the meanest Benefices yet these must be the chief Shepheards the Flocks were like to be well govern'd and Bishop Land that abetted and Countenanc'd the said Authors and Books Licensed their false Doctrines and impure as well as Illegal Principles and got their Books Licensed was made Archbishop and who but he with the King and Court The King knew nothing of all this nor that Papists great Papists were put into Commission all the Kingdom over nor that Arbitrary Government in Loanes Knighthood-Money Tunnage and Poundage Ship-Money Assessing and Billeting of Souldiers c. The King knew nothing of all this these were Deeds Deeds not Words Deeds that made the Kingdom groan Deeds that Affrighted the Parliament and the Kings best Subjects with too much cause of Jealousies and Fears of Popery and Arbitrary Government when it was really practic'd in so many particulars and the Councellors and Favorites that abetted the same the only men in Favour and nothing was said against them in Parliament but it prov'd the ruine of the men though Parliament-men that might Parler le ment speak their minds freely and lawfully and also prov'd to be the Dissolution of those Parliaments 'till the Kings Necessities and Straits were so great and the Dissolutions so frequent and on the strange occasions aforesaid that the Parliament would do nothing 'till the King not only had Promis'd but had granted it by Statute that they should not be Dissolv'd but by their own Consent Tory. It is the greatest wonder in the world to me that any King should Dissolve a Parliament but by their own Consent or 'till all Grievances be Redress'd for the King is Pater Patriae the Father of the Country and what an odd Humour is it if a Father that has a Child or Children troubled with griefs or Grievances and had a Prerogative that could but would not remedy them nay nor suffer them that would remedy his Children is this Father like or like something else The King is the chief Shepheard of his People his Flock but what an odd humour is it if a Shepheard when he sees Doggs and Wolves tear and rend his Sheep shall neither according to the duty of his place deliver his Sheep out of their Jaws nor yet suffer others to do it but contrarily side with the Doggs and defend the Worried Sheep much more if he see the Currs on worse if he shall go Snips in the Booty and Prey Whigg I am glad to hear this of you Mr. Tory you have been us'd to Language that has less of Sense Reason or Law in it Tant But all this while Mr. Whigg you do not tell us any thing in Answer to this excuse the Favourites made namely Necessity the Kings necessities required that which indeed ought not to be done by Law Whig Necessity Pish this excuse aggravates their Offence for thus they dispute in a Carcle and justify their wickedness by greater by links and chains of evil consequences First the Kings Affairs by their Evil Councel and Managements is brought into Straits and Necessities the effect of them then these evil effects are made the Cause of the continuance of worse effects World without end But thank God for a Parliament The Pretence of this same Whimzey Necessity hath ruin'd the Liberties and Properties of the French-men in Normandy to this day For they were ruled once by as good Laws as we are but being opprest with some Grievances contrary to their Charters Customs and Franchises they made their Complaint to Lewis the Tenth who by his New Charters in the year 1314. acknowledged their Rights and Customs aforesaid and confirmed them Confessing also that they had been unjustly grieved and wrong'd but by the said New Charter did provide that from thence forward they should be free from all Subsidies and and Exactions to be imposed upon them without their own Consents but with this saving or small exception Si necessitis grand ne le requiret namely except great necessity required the contrary Which little business Mr. Necessity has done their business and broke the neck of all their Laws Charters and Franchises and of Subjects they are become Slaves and Vassals little differing from Turky-Gally-Slaves for no man can say any thing is his own if necessitye le Grand that is the King require the same nay they dare not now say That their Souls are their own so great is the Encroachment of Tyranny Covetousness and Oppression if you give it an Inch it will take an Ell and thefore you Toryes are a base generation for you hate your Friends most of all and Spaniard-like at the same time basely Fawn Wagg your Tails and Cringe base Currs to the Hand that beats you most nay you 'l Fight to Blood in pursuit of your Sycophantry poor Slaves And your Tantives will Preach your People all out of Church rather than not Preach up the said false Doctrine of Sybthorp Mountague and Manwaring Oh most unworthy Treacherous and Easy-bought Hirelings That for to be made a Shepheard or chief Bishops of Souls would betray them and Sell them all and your own to boot into the bargain in defyance of the Laws of God and the Realm which the King is Sworn and bound to obey perform observe and keep The Throne cannot have it has been found by woful experience worse Friends nor greater Traytors than such Sycophants and Wretches as you are Tant We are as much obliged to you Mr. Whigg for your good Opinion of us Whig 'T is according to your Merits Is it not enough that this Kingdom and Commonwealth should be once in one Age undone by the same kind of men the same Sell Truths the same Illegal Principles and Tantivee-Practices and Parasitical Flatteries and Slye Insinuations under the Vizard of Divinity Loyalty and the Church the Church and yet not one in a hundred of