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
them to have taken away the only legal bound to their arbitrary power and made as it were a conquest upon the common Law of the Land which is our common Inheritance and after made use of that power to turn their Brethren out of their Free-holds for not doing that which no Law of man required them to do and which in their Opinions the Law of God required of them not to do We shall find them in general to have encouraged all the Clergy to suits and to have brought all suits to the Council-table that having all power in Ecclesiastical matters they laboured for equal power in Temporal and to dispose as well of every Office as of every Benefice which lost the Clergy much Revenue and much reverence whereof the last is never given when it is so asked by encouraging them indiscreetly to exact more of both than was due so that indeed the gain of their greatness extended but to a few of that order though the envy extended upon all We shall find of them to have both kindled and blown the common fire of both Nations to have both sent and maintained that Book of which the Author no doubt hath long since wish'd with Nero Vtinam nescissem litera and of which more than one Kingdom hath cause to wish that when he writ that he had rather burn'd a Library though of the value of Ptolomie's We shall find them to have been the first and principal cause of the breach I will not say of but since the Pacification at Berwick We shall find them to have been the almost sole abettors of my Lord of Strafford whilst he was practising upon another Kingdom that manner of Government which he intended to settle in this where he committed so many so mighty and so manifest Enormities and Oppressions as the like have not been Committed by any Governour in any Government since Verres left Sicily And after they had called him over from being Deputy of Ireland to be in a manner Deputy of England All things here being Govern'd by a Juntillo who dare say thus much at this time of day and that Juntillo Govern'd by him And he Govern'd by I know who to have assisted him in giving of such Councels and the pursuing of such Courses as it is a hard and measuring Cast whether they were more Unwise more Unjust or more Unfortunate and which had Infallibly been our Destruction if by the Grace of God their share had not been as small in the subtilty of Serpents as in the Innocency of Doves Master Speaker I have represented no small quantity and no mean degree of Guilt Tant Enough enough of this I see Whiggish Doctrines Principles and Practices grow upon us Whigg Do not mistake your self Tory it is your Tory-Plots and Principles have swell'd of late years to a monstrous Tumour and Deformity almost to the Consumption of our right and natural Constitution and because we make warm Applications sometimes to draw down the Swelling and let out the Corruption how you Tantivees Kick and Frisk Tant Kings of old us'd not to be Bearded nor Brav'd by their Subjects Whigg No there was no Cause for it but read the History of the Lives of King John Henry 3. Edw. 1. Edw. 2. what Bickering there was to keep those Kings from encroaching on the Subjects Liberties and Properties the subject of the great Quarrel Contest and Battels fought betwixt King and People in all and onely in the unhappy Reigns of unhappy Kings that suffer'd themselves to be Seduc't out of their Faith and Truth and to outstretch their Prerogatives beyond its Maker and Creator the Law and outstretch their Consciences and their Oaths till they broke all to pieces Tant Poor feeble Kings perhaps they were Worms soonest grow in soft Wood. Whigg Were any Kings Fiercer or Stouter than the three first of them who more Valiant than Edward 1. or more Victorious against Forreigners and if he were weak and feeble it was only when the Head like Children that have the Rickets swell'd monstrously and unconscionably to the starving and Consumption of the whole Body and inferiour Members which cannot fare ill but the Head must ake for it and feel the smart at long run Honestly therefore if he could have continued so did he answer the encroaching Prelates to whom he had Promis'd to give whatever they would ask and they ask't him to Repeal the Statute of Mortmain The King answered that this was a Statute made by the whole Body of the Realm and therefore was not in his Power who was but one Member of that Body to undo that which all the Members together had done Tant By this Answer he should seem to inferr that He and his People are made all of a piece of the same Clay Whigg Why what dost thou think Kings are not Mortals Tant They are Divine Whigg So Tantivees also call themselves but as Alexander the great answered his Flatterers that call'd him a god those that emptyed their Close-stools scent no such matter or extraordinary Hogo beyond other Mortals Tant Does not the Text say Touch not mine Anointed and do my Prophets no Harm Whigg What of that Tant Then do not you touch Gods Ministers and Gods Prophets Whigg Where are they you must first show them to me before I can touch them Tant All the Kings Ministers Arch-bishops Bishops Arch-deacons Deans Parsons Vicars and Curates are all Ministers and Prophets of God Whigg And also all Officials Commissaries Publick-notaries Delegates Surrogates Vicars general Apparitors Proctors Jaylors and Hangmen Registers and Summers are also all the Kings Ministers I do not desire to touch them nor am very ambititious that they should touch me from them all good Lord deliver us and all good Men. Tant They meddle not with good men cannot live by good men the Hangmen must starve if all were good men they live by Sinners they eat eat up Gods People as they eat Bread that is the Sins of Gods People is Meat and Drink and Cloath to them Whigg Foh no more of them Tant Thou talk'st like a bold Rebel and wouldst act like a Rebel I fear with other Weapons than Prayers and Tears Whigg I do not know how such Fools and Knaves as thou art may hap to provoke the old man within me 't is at your peril and you come at your own adventure but I will rather dye than be a Rebel Tant When the Kings Subjects in Edw. 2. Reign took up Arms to remove evil Counsellors from the King and the King fled before them and at length in hopes to preserve his Minion and the Instrument of his wickedness Gaveston lodg'd him in an impregnable Hold Scarborough-Castle which the Kings Subjects took and Beheaded poor Pierce Gaveston you Whiggs do not call this Rebellion Whigg Why what Historian does call it so I am sure that great Loyalist and Cavalier Sir Richard Baker that throughout writes leaning on one side as if he was
Hold and Dissolve Parliaments at pleasure Whig King Charles often told the Parliament so saying as before in pag. 23. Remember that Parliaments are altogether in my Power for their Calling Sitting and Dissolution therefore as I find the fruits of them good or Evil they are to continue or not to be Tory. By his Prerogative the Law of Parliaments is wholly at the Kings Will and in his breast For grievances intoiierable as aforesaid many and great in false Imprisonment false Seizures false Subsidies all illegal were yearly and daily inflicted in the Kings Name and by his Authority upon the Bodies and Estates of the King's Subjects no man was sure of holding either liberty or property longer than the good pleasure these grievances were contrary to Law Equity Justice Equity Reason and the Stipulation Oath and Acts these grievances ought not to have been or if by evil Councellours and evil Ministers and wicked men they happened the King ought to have remedied and redrest them instead of abetting and defending the Oppressors of his Subjects and the violators of those Laws that he was sworn to uphold and obey and ought to have lookt upon these Vsurpations of his Subjects Rights and the Vsurpers as the greatest Enemies of his Throne which Solomon says is only established by Justice not by Pilling and Polling Robbing or Defrauding the harmless People And the King should have look't upon the Parliament that desired to redress the Grievances and to cure these griefes and distempers of the State as his best Friends and should have blest God that he had a Prerogative to Call them and keep them together for so blessed a work and not to threaten to Dissolve them if they will not give him more Money and if they will not forbear to punish those grand Delinquents that had so shamefully abused the King by abusing his Subjects his Justice his Oath his Royal Word and Promises his Conscience and his Laws Tory. Bracton says that although the Common Law doth allow many Prerogatives to the King yet it doth not allow any that he shall wrong or Hurt any by his Prerogative Tant By that Rule a King has no Prerogative it seems to Dissolve a Parliament for medling with Redress of Grievances or the punishment of the Evil Instruments and Ministers that caus'd or councell'd them Whig I will not be so bold to define the Kings Prerogative let it be for ever Sacred otherwise than as we describe Divinity Negatively rather telling what it is not than what it is First The King has no Prerogative to hurt himself or his People nor yet to break his Laws or dispense with a Statute nor to violate his Conscience his Word nor his Oath For Rex merito debet retribuere legi quia lex tribuit ei facit enim lex quod ipse sit Rex says Bracton The King may well give the Law its free course due unto it because the Law gives him his due For the Law makes him what he is a King Rex enim a bene Regendo The King is so called from Ruling well but he is called a Tyrant that Oppresses Secondly The Kings Oath is not only to Rule according to Law but to make new and abrogate old Laws which cannot be without a Parliament therefore Parliament therefore Parliaments are a Fundamental and Vital part and constitution of the Government Thirdly If a King can chuse whether he will Call a Parliament at all except once in three years and then send them Home and Dissolve them as he list and when he list without Redress of Grievances then the fundamental Constitution and Law of the Government must be Lame and Imperfect For at this rate the Prince and his Ministers may do what they list and impune make their Wills a Law But it is impossible that a Government so wisely Constituted as ours is should be so lame imperfect and deficient as not to make Provision for its own Being and Subsistance in the Fundamentals This therefore is provided for in the very Essence of the Government which we may call the Common-Law which is of more value than any Statute and of which Magna Charta and other Statutes are but Declaratory Fourthly Tho' the King is Trusted with the formal part of Summoning and pronouncing the Dissolution of Parliaments yet the Law which obliges both him and us has determined and ascertained how and when he shall do it Tant Ay marry Whigg now you come close let us hear that Whig I 'le prove it clearly and evidently by Common-Law and Statute-Law Reason and Equity and these four do guide or should guide all the Benches in Westminster-Hall Tory. If you can do this it will prove very Beneficial to all for I observ'd that in the late Civil Wars the cause of the great Bloodshed was the difference betwixt the Kings Prerogative and the Peoples Liberties which could not be decided it seems but by the Sword Whig It is better far to decide the difference with a Pen but indeed the Kings Prerogative and the Peoples Liberties never clash but there is a sweet Harmony betwixt them one with another one supporting and upholding another not destroying and ruining one another as some Juncto Councils would make them Tory. We Tories Fought for the Prerogative Royal. Whig Then you Fought for you did not know what Tory. Yes the Loans Privy-Seals Tunnage and Poundage Ship-Money c. and Seizures and Imprisonment thereupon were all against Law Law and against the Peoples Liberties and Properties but the King did act by his Royal Prerogative and so took the Goods and Imprisoned the Gentlemen that refus'd by Prerogative Whig The King has no Prerogative wrongfully to Imprison or take mens Goods to Imprison men is a work for the Kings Ministers of Justice but below the Grandeur of Royal Majesty to do it or to give order for it other than that as all the Execution of the Kings Laws is to be done in his Name though he personally know nothing of the matter And if the King ore tenus or in writing command John a Nokes to Imprison John a Styles without mentioning any cause in Law or breach of some Law that requires Imprisonment an Action of false Imprisonment lyes against John a Nokes and he shall not be suffered in his excuse and justification to plead speciale mandatum Regis that the King Commanded it but must set forth some other special matter for if that might be admitted the King who cannot with a word take away my Pence my Horse nor my Asse yet he might destroy with a Breath that which is much Dearer to me my Liberty Tory. You speak Reason and Law too but may not the King Invade his Subjects Liberties and Properties in Cases of Necessity by his Royal Prerogative Whig Pish The Favourites Buckingham and Laud c. as you have heard before destroyed the Kings Fleet consumed the Kings Men and Money Ships and Ammunition by Senseless and
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.
THE SECOND PART OF THE History of Whiggisme OR THE Whiggish-PLOTS PRINCIPLES and PRACTICES Mining and Countermining THE TORY-PLOTS PRINCIPLES and PRACTICES In REIGN of King CHARLES I. TORY ONce more well met Mr. Tantivee and honest Whigg Tantivee Whigg We come on purpose to hear the Continuation of your History of Whiggisme Tory. I neither am able nor do I pretend to tell you any thing but what is to be found in Chronicles Histories and at large already in Print Tant Ay but I have not Money to buy them nor Leisure to read large Volumes give us onely an Abridgment out of those vaster Collections in relation only to the Whiggisme of them Tory. With all my heart where left I off Tant At Mr. Moor's Release and Discharge by his Gracious Majesty Charles 1. and the Imprisonment and Release of the Earl of Arundel Tory. Oh! 'T is Right Whigg But was not that part of the Kings Answer about the Imprisonment of the Earl of Arundel namely My Lords By this I do not mean to shew the Power of a King by diminishing your Priviledges ill resented by the House of Lords Tory. It plainly Intimated that the King thought He had such a Power or some about him made him believe he had such a Power of a King to Diminish their Priviledges but he did not mean to show it Tant No the more Gracious King He. Tory. However the House of Lords were so Allarum'd at the Expression that lest they should happen to have a King that was less Gracious or of a worse Meaning they would not meddle with any Business 'till they had secured as well as claim'd their Priviledges by another Tenure than what was meerly Arbitrary Ad libitum Regis and therefore Adjourn'd in Disgust resolving unanimously to take nothing into Consideration 'till they had Contrived how their Priviledges might be Secur'd to Posterity which being perceiv'd the Earl of Arundel as you have heard was Releas't to them for which he was thankfull Tant Ay that was right Tory-like and most Loyally done some Whiggs would not so Religiously have Kist the Rod that whips them Whigg 'T is somewhat against the Grain of Humanity to fawn Spaniel-like upon the Hand that beats them Tant Some men are so Loyal as to make a Legg at every Box of the Ear Who may say to a King what dost thou Whigg Misapply'd and Misconstru'd Scriptures make up a Tantivee and makes a man be a Tantivee Tant Why Is not the King's Will a Law Whigg In France they say and in Turkey not in England for so the Barons of England told the two Cardinals whom the Pope sent to Reconcile the Differences betwixt King and People about Magna Charta Liberties and Prerogative That there were many Worthy and Learned men in the Kingdom whose Council they would use and not Strangers who knew not the cause of their Commotion in the Reign of K. Edward 2. Tory. No I must confess that Forreigners unacquainted with the Fundamental Constitution of our Government and Laws are no Competent Judges of the lawfulness or unlawfulness of Contests betwixt King and People Whigg Ay the English were alwayes tender of their Liberties Tant But if English Kings did Invade their Liberties they used no Remedy I hope but Prayers and Tears Whigg And Bows and Arrows and long Swords until the Kings were Contented to Rule them according to their Oath and the Law of the Land Tant Ay Perhaps when they happened to have some easie weak timerous and condescending King Whigg No In such a juncture they were alwayes the calmer but grew rough raging high and boysterous the more vehement strong and tempestuous their Kings were as for Instance in Edw. 1. another Saul for he was higher and taller than ordinary men by the Head and Shoulders and as Tyrannical too as King Saul was He at one time at the Instigation of William Marchian then Lord Treasurer fetch 't all the Riches out of the Churches and Religious Houses and put it into his own Exchequer Loans Benevolences the Writ of Trailbaston great Fines were used by him in the Seventeenth Year of his Reign he Fined all his Judges pretending for Corruption the least of them one thousand Marks an immense Summe in those dayes but some of them two thousand some three thousand some four thousand some six thousand and the Chief Justice Sir Ralph de Hengham seven thousand Marks the Chief Baron Sir Adam Stratton four and thirty thousand Marks but from Thomas Wayland all his Goods and whole Estate Confiscate and himself Banish't and just so he used the Jews which were then in England very rich and very numerous 'T is said of K. Hen. 8. that he never Spared Man in his Anger nor Woman in his Lust but King Edw. 1. was as resolv'd as he as Couragious and Stout leaving the Marks of his personal Valour the Trophies of his Victories in the Holy-land before he was King but he could Disguise his furious Resentments and Adjourn Revenge seven and seven Years 'till he could safely Execute it Tant Safely why who should or durst say to that most Couragious and Victorious King that thrice Conquer'd Scotland France and Wales What dost thou Whigg His own People and Subjects forc't him to reason and to Rule them according to Law his Oath and Magna Charta the Parliament-men came to his Parliament Attended with Armed men very numerous at Stamford 28 Edw. 1. to make him fulfill and Execute the Charter of the Forrest says Walsingham and Knighton two Famous Historians of those times Rex Angliae sub his diebus Parliamentum tenuit Stamford ad quod convenerunt Comites Barones cum equis armis co prout dicebatur proposito ut Executionem Chartae de Foresta hactenùs dilatam extorquerent mind that ad plenum Tant Ay but how did the Stout King Edward Treat these Armed Petitioners Whigg They ask't nothing but what the Laws and his own Oath ought to have Compelled him unto and the King yielded to their Requests Rex autem eorum Instantiam Importunitatem attendens eorum voluntati in omnibus condescendit Knighton sayes De quâ re Rex Integrè plenè eorum voluntatem Implevit ad vota in which matter the King fully and wholly granted their Desires to their Wishes Tant It was very civilly done of him Whigg It was wisely and honestly done and as his Coronation Oath Equity Reason Conscience and the Laws from none of which English Kings pretend to be exempt did adjure him and Constrain him and they are devillish Councellors and the Kings worst Enemies and Traitors that perswade him to act contrary to Law Power is high enough without being wanton and lasts longest when it is not Stretcht to the height or Over-stretcht 't is a wonder that a thing so uneasie should please Tory. Ambition and Covetousness know no bounds and I have read King Edward got the Pope to set him free from the
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
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
fear of Hell and Purgatory does affright Tant Brave doings In Athens Themistocles was Governour and Rul'd the City his Wife rul'd him and her Son rul'd her where then were lodg'd the Reyns of Government Tory. What 's that to us here in England good Impertinent Whigg Do not interrupt us you Parson with your Nonsensical Prate out of old Notes which you read devoutly out of Sybthorp Manwaring and Mountague do not mistake your self you think the People of Athens had a brave time on 't luscious doings if you had liv'd there you would have known where and to whom you would make your special Addresses and close Applications Tory. Archbishop Abbot was quite out of play for refusing to License that doughty Sermon to which he made many rational exceptions as namely in Page 2. to these words And whereas the Prince pleads not the power of Prerogative and in page 8. The Kings Duty is first to direct and make Laws and page 10. If nothing may excuse from active Obedience but what is against the Law of God or of Nature or Impossible How does this agree with Page 5. That all Subjects are bound to all their Princes according to the Laws and Customs of the Kingdom wherein they live he might have honestly added and no otherwise and Page 12. yea all antiquity to be absolutely for absolute Obedience to Princes in all Civil and Temporal things Tant Hey day this is like Pope Boniface to Philip the fair of France Sciat te in Temporalibus Spiritualibus nobis subjacere Whigg They do not say in Spiritual things they would have their Prince absolute over all but themselves but is that Position agreeable to the great Charter and many more Acts of Parliament in Edw. 1. and Edw. 3. That the Subjects shall not be grieved to sustain any Charge or Aid but by the Common Assent and that in Parliament and the Petition of Right at large Confirms the same by the Repetition of many more Statutes to that purpose Tory. Enough Enough of this Tant What Opinion had Archbishop Abbot of Dr. Laud Tory. He soon found him and said his Life in Oxford was to pick quarrels in the Lectures of the Publick Readers and to give notice of them to the Bishop of Durham that he might fill the Ears of King James with Discontents against the honest men that took Pains in their Places and settled the truth which he called Puritanisme in their Auditors It was an Observation what a sweet man this was like to be that the first observable Act that he did was the Marrying the Earl of D. to the Lady R when it was notorious to the World that she had another Husband King James did for many years take this so ill that he would never hear of any great Preferment of him The Bishop of Lincoln Doctor Williams got him at length advanc't to the Bishoprick of St. Davids which he had not long enjoy'd before he began to undermine his Benefactor Tant That Ingratitude is inexcusable Tory. He continued his Rancour against him to his utmost to the very last Whigg Ay Archbishop Abbot that had woful cause to know him gave this Character of Land that such was his aspiring nature That he would underwork any man in the World so that he might gain by it Tory. The little man had a high towring Spirit which made the Kings Jester Archee who would needs say Grace before the King when little Bishop Laud was present in these words Great Praise be given to God and little Laud to the Devil Whigg The worst Crime that was laid to his Charge was the Countenancing Arbitrary and illegal Taxes recommended by Sybthorp and Manwaring and abetting these Sycophants which some call Crimen lesae majestatis Legis Regis There cannot be a greater Treason than an endeavour to rob the King of his Goodness Truth Conscience Trust and fidelity to his People nor a readier Road to Ruine The Kings Prerogative is the guard of the Subjects Liberties and Peace he has no Prerogative but what the Law gives him much less any Prerogative against Law Equity Reason Conscience and Justice though Sycophants for vile ends would so have stretch't it They wore the old Text thredbare Give unto Caesar the things that are Caesars in those Tantivee-dayes Tant Why so Whigg If you will not be Angry Parson I 'le tell you a Story a true one of my own certain knowledge and remembrance that will for ever Spoyl hereafter all your Tantivee-Sermons on that Text. Tant Nay if it be such a spoyl-Sermon-story keep it to your self for I have four Sermons upon that Text ready writ and they will last me with Repetitions you know and eeking out two whole Months Tory. Prythee Whigg let 's hear your story however let the Parson storm as he pleases or be disappointed Whigg Before one of the wisest Kings that ever England had King James did one D. Harsnet Preach a Tantivee-Sermon on that Text Give unto Caesar but his Sermon poor man instead of getting thanks for the same had the Hap that afterwards befell Manwarings Sermon it happened to be Burnt by the common Hangman Tant Hard Hap what was the matter Whigg Onely for asserting as thou hast done twenty times That all mens Goods and Moneys are Caesars for which the Parliament though the Sermon was Preached in the Kings Chappel at Whitehall call'd my Gentleman coram nobis taking great offence thereat Tant What was that Doctor Harsnet Whigg He was afterwards made Bishop of Chichester and then Bishop of Norwich just as Mr. Mountague leapt and perhaps upon the same rise and advantage of the ground Tantiviisme and for the same Covetous reason too because the Norwich Bishoprick is the richer and then leapt to Yorks Archbishoprick Tory. But King James disown'd the Doctor in that affair and did not own him therein Whigg Yes yes I told you he was a wise King and used to say that he was a Tyrant that did not rule according to Laws and calmed the business moderating thus and saying that the Bishop onely failed in this When he said the Goods were Caesars he did not add they were his according to the Laws and Customs of the Country wherein they did live Tory. I do not deny but the Bishops had great Sway and influence over affairs both in Church and State if the Lord Faukland's Speech in Parliament to that purpose was well Calculated for those times Tant I have heard much Discourse of the Speech of that Lord so fam'd for his Learning and Loyalty as well as Nobility but I could never get a sight of it Whigg It was call'd the true Picture of those times pourtraying that modern Episcopacy to the life Anno 1640. and here it is Tant Read it Whigg The whole would be tedious I 'le read part of it thus he begins MAster Speaker he is a great stranger in Israel who knows not that this Kingdom hath long laboured under many
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
the Strangest Law in the World if it should give a Prerogative to destroy it self and so become felo de se it s own Executioner having so carefully fenc'd against Arbitrary sway in all Ages and so Industriously and zealously too have our Ancestors stood up for the same to the last drop of their Bloods as chusing rather to leave us no Lands Charters Priviledges and Fields rather than Akeldama's as one calls them Fields of Blood and such as we must like them be forc'd to Fight for their Defence and our own against Arbitrary Projects Whig There needs no Fighting for them if we make the good Old Laws the Arbitrator of the Good Old Cause For the Law alone gives the King his due and his Subjects their due but because men naturally encline to do what they list without controul wonder not if even the best of Kings surrounded with so many Parasites and pimping Sycophants have been tempted to rule and do as he list without Check-mate of Bishops and Knights and Lords in Parliament Tant Why Has Parliaments then been as Old a Constitution as Kings of England Whig Yes for ought can be known to the contrary The said Famous Old Book the said Mirrour of Justice shows that Parliaments were before a single King Ruled England namely during the Heptarchy when there were seven Kings rather than fail to rule England Tant I shall never have enow of Kings I do so love them Whig Ay but seven Kings were accounted more than enough and after the Heptarchy when the King of the West-Saxons namely Cornwall Devonshire Dor setshire Sommer setshire Wiltshire Hampshire and Barkshire had swallowed up all the rest Parliaments still were or Senates as long before this during the Reign of the Senate and Caesars of Rome here in England So also after Egbert when the Bishop of Winchester Ethelwolph his Eldest Son with much ado was perswaded to leave his Bishoprick and a Religious Life for a Kingdom after he had purchas'd a Pardon from the Pope for breaking his Religious Vow And yet he had much ado to keep his Crown upon his head for breaking but one poor Law for if he had not by death timely death cheated his Lords they had certainly Depos'd him for placing his Queen in a Chair of State which was then contrary to Law made ever since Queen Ethelburg by chance Poison'd her Husband King Birthrick by a Venemous Potion which she said at least she had prepared for another but being a Handsome Whore she fled into France 'till by frequent Adulteries she died Miserably and like a Rotten Whore and for her sake the West-Saxons ordained whence Note they were Law-makers in these days a Law that no Kings Wife should hereafter have the Title or Majesty of a Queen which Law as aforesaid King Ethelwolph being so bold as to dispense with and break the Lords would certainly have Depos'd him but that his Grave prevented them Tant Then belike it was not safe for Kings to break Laws in those days Whig Judge you and long after Stout King Edward I. told the Bishops plainly that he could not being but one Member of the Body though the Head undo what the whole Body had done and Enacted as is before remembred Tant You are full of your Old Storyes to maintain your Whiggism Whig I invent none I write nothing but what I have Authentick Histories and Records to Vouch and Attest the Truth And thus Parliaments continued in the short Reign of Ethelbald Successor to his Fathers Crown and Bed for to his Eternal shame he Married Judith his Fathers Widdow So also in the Reigns of Ethelbert Ethelred and Alfred the four Sons of Ethelwolph who Successively Reigned one after another which Alfred was as Learned as Valiant and first Founded the University of Oxford one of the Oldest Universities in the World Tant I thought Universities had been as Old as Christianity What could Christianity and the Ministry continue in the World nine hundred years in its greatest splendor without an University and an Academian Whig Yea so it seems without either Oxford-Scholar Bloxford-Schollar or Cantabrigian Alas alas Universities were at first the Pope's Invention so also were School-men School-Divinity and Canon-Laws with which he has so defac'd Christianity with his Painting Glazings Glossings Comments Arguments Syllogismes Fallacies Fripperies and Metaphysical-Fopperies that Schollars are forc'd to Fool away a great deal of time in Cracking these Insipid Shells and Outward Rindes that their Teeth are broke and worn out before they come to Taste true and Solid Learning or Christianity nay the Majority never come at the Kernel and Marrow of true Divinity and useful Learning during their whole Life not much unlike that Popish Doctor that had been nine years Doctor of Divinity before he saw a Bible Tant Doctor Subtilis I 'le warrant Tory. Prythee Parson do not thus Interrupt Mr. Whigg with your Impertinent Parenthesis Go on Whigg Whig To serve you Tory I will and will let you know that there were Parliaments to which Knights and Burgesses were Summon'd after the Heptarchy in the Reigns aforesaid and the Reigns of Alfred's Sons King Edward as Stout a man as his Father not so Book-Learn'd but more Successful through the help of his Sister Madam Elfled the Wife of Ethelred Earl of Mereia to whom when she had brought him one Daughter with Grievous Pains in her Travel she turn'd Souldier and Virago helping her Brother most Manfully against the Welsh and Danes and brought them all under her refusing the Nuptial Bed of her Husband saying It was a floolish pleasure that brought with it so Excessive Pains Tant Few of our women now a dayes are of her mind they 'l venture again and again Tory. This Parson is always Interrupting us with his Idle Notes Commentaries and Observations Proceed good Mr. Whigg there is some profit and understanding to be learn'd by you Parson hold your Tongue if it be possible for a Prating Circingle to leave his Impertinence in Company Whig This Old Fundamental frame continued in the Reigns of Athelstone Edgar Ethelred Canutus Harold William the Conqueror c. So that Parliaments are part of the Frame of the Common-Law which no Kings can defeat frustrate or make void nor did ever any attempt the same but it proved Fatal to him nay proved to be his ruine Witness all the Unhappy Reigns and Violent Deaths of English Kings that have broke loose and made Rapes and violent attempts upon the known Chast and Sacred Laws of England the Common-Law to King and People fram'd in the Law and Light of Nature Right Reason and Holy-Writ Secondly According to the said Law made in the Reign of King Alfred Parliaments are to Sit frequently Right and good Reason I do not say as often as you take Physick Spring and Fall at least but however so often as the Noxious Humours abound above the Boundaries Banks and Limits of the Law and
King know himself to be ordain'd for his People and not his People for him Wherefore I will never be asham'd to confess it my Principal to be the great Servant of the Common-wealth c. Tory. Ay but we Toryes are not of King James 's mind but quite contrary Whig Right therefore you are most rightly called Tories meer Irish-Bogg-Trotters and Slaves that would be more like than Englishmen because you are Slaves to your Lusts of Avarice and Ambition to gratifie which you will gratifie any other mans Ambition to advance your own and as they say lick up other mens Spitle poor Currs in hopes that others will lick up yours Tory. Ay thouart a Hopeful Whigg such a Tom-Tell-Truth I do not like Whig I know thou dost not thou likest Flatteries and Leasings better by half Old Tory-Boy Tory. Well but tell me true what Authority have you to assert as you have already that the principal ends of calling Parliaments is for Redressing Grievances that dayly happen Whig For this Consult 36 Edw. 3. c. 10.18 Edw. 3. c. 24.50 Edw. 3. No. 17.13 Hen. 4. No. 9. Tant I cannot think that this same King Alfred that was so Wise a man so great a Schollar a Prosperous King and a Valiant should so humble himself to the Laws Whig Therefore you think like as you are a Tantivee and a Cockscomb For Andrew Horne tells us in his Mirrour of Justice that King Alfred made bold to Hang Judge Darling Seynor Cadwine Cole and fourty Judges more Tant For what Judges Hang other men but do not use themselves to be Hang'd Whig No they do not make a common practice of it though they have often had it and more often deserved it but when they meet with some Just Kings they also meet with their deserts some of them a Halter Tant Fourty Judges do you say did they hang together Whig Yea only for Judging contrary to Law Tant Nay if Judges will Hang men for acting contrary to Law I am of Opinion that they that by their Office their Place their Wisdom their Experience and their Oath should act according to Law I would Halter them my self though it is unseemly for my Coat if such Wretches act contrary to Law Whig When we have an occasion for a Tantivee Hangman we 'l send for you Parson for want of a better Tant I am your tres humble when occasion serves Whig In Edward 3d. time poor Thorp Lord Chief Justice went to Pot in plain English he was Hang'd Tant I am your tres humble when occasion serves Whig In Edward 3d. time poor Thorp Lord Chief Justice went to Pot in plain English he was Hang'd Tant For what For receiving a Bribe of the Embassador Whig No he was not so great a Rogue He was only Hang'd for receiving the Bribe of 100 l in obstruction of Justice Tant Poor Fellow he had hard Fortune I can tell you in History of a man that received fifty times as much in Obstruction of Justice and yet the Gallows did not claim its due Whig Ay ay some men are born with their A upwards but there 's a time for all things and a day of Judgement a coming Tant Ay but when canst tell Whig Yes even when it pleases God Tant And the King you should have said Whig That 's needless for what pleases God must please all the Kings in the World The Wisdom and the Politicks of the wisest men is Foolishness with God What Head had more Brains in it than Strafford That out of Self-Interest and Preservation dislik'd coming to Parliament whom he knew in his Conscience he had Offended and both he and the Archbishop Laud fenc'd off the Parliaments sitting so long till at length they themselves had Judgment without Mercy for Involving the Kingdoms by their Arbitrary Projects and Countenancing and Advancing Popish-Books Popish-Authors Papists and Popishly Inclin'd c. Tant But was it true that Strafford rul'd Ireland with an Army and most of that Army Papists Whig Yes Popery and Arbitrary Government are like Fire and Heat the latter is the necessary consequence of the former Lord of Strafford had 10000. Souldiers of his standing Guards of which 8000. were profest Papists and the other 2000. were Well-affected to the Tory Cause they were True-Blew and whilst he Decreed and Ordered mens Estates and Lives away at the Council Board thereby as it was Articled and Alleadged against him breaking the Kings Oath Which made the poor Earl at last Stile himself the Accursed thing or the Achau that had troubled Israel with the Babilonish Garments of Popery and the Accursed Wedges of Gold by Arbitrary Taxes Decrees Loanes Monopolies False Imprisonments nay Sentencing to Death some as the Lord Mount-Norris and Executing others taking from him his Inheritance of his Mannor and Tymore in the County of Armagh so also Thomas Lord Dillon was outed by the good will and pleasure of this great Lord of and from his Lands in Mago and Rosecommen so also Dame Mary Hibbots in Favour of Thomas Hibbots who shortly after conveyed the same to Sir Robert Meredith to the use of the said Earl of Strafford Tant I commend him he had wit enough to get somewhat and gather to himself which some Tyrants do not Whig I know not what he got over the Devils back was spent under his belly as we say male parta male dilabuntur for he Died poor and in Debt The Curse of God followes the Oppressor and his House so true is that of the Prophet Wo to him that Increaseth that which is not his and to him that ladeth himself with thick-clay shall they not rise up suddenly that shall bite thee c. Wo to him that coveteth an evil covetousness to his House that he may set his Nest on high c. Thou hast consulted shame to thy House c. For the stone shall cry out of the wall and the beam out of the timber shall bear witness Wo unto him that buildeth a Town with blood and stablisheth a City by Iniquity Tory Ay Poor Gentleman the Earl of Strafford was made a woful example of an evil Councellor and an Oppressor The sense of his Guilt made him submit to his death the more Patiently Whig Yea he desired to die seem'd weary of his Life a wounded Conscience who can bear Prosperity may a while muzle the Mouth of Conscience but a prospect of Death and Affliction unmuzles the Mastisse Tory. The Earl Confest he had received nothing but Justice and that the death of the bad he ingenuously confess'd with Cicero was the safety of the good that be alive and bid no man trust either in the Favour of his Prince the Friendship and Consanguinity of his Peers much less in his own Wisdom of which he confess'd he had been too Confident saying as once Cardinal Woolsey did Had I strived to obey my God as Faithfully as I sought to Honour my King Fraudulently I had stood and not