before him but by his Copartner Licinius in War and the Christians if they had been all of one piece were not sufficient to support the Empire against the far more numerous Gentiles and Jews Add hereto that in the Rage of the late Persecution under Dioclesian Maximinian Maximin and Maxentius the Christians were so sore persecuted that excepting their Faith and Piety for Christianity they were unfit for any Civil or Military Imployment but so far were the Christians from being of one Piece that they were rent into the Sects and Factions of Marcionists Montanists Novatians Donatists and Sabellians and in the 10th Year of Constantine Arius broacht his blasphemous Opinion of our Saviour's not being God from all Eternity being the Year of Christ 316. We do not read that the Romans before the Empire became Christian ever made War upon any Nation upon the Account of Religion and though there were many Sects among them of different Opinions concerning their Gods and their Attributes and of God's Prescience Fate and the Liberty and Necessity of Human Actions yet the different Sects never went farther than Brawls and endless Contentions with one another they never upon that Account made any Schism or Separation from the publick Worship and Service of their Gods prescribed by the Laws of the Empire And as among the Gentiles so among the Jews tho the Opinions of the Pharisees Sadduces and Esseans were as wild and extravagant as those of the Heathens yet these were never esteemed by them to be Acts of Jewish Religion nor upon that Account did they dispense or separate themselves from the publick Worship and Service of God prescribed by Law Whereas the different Sects of the Christians not only baptized their fond and wicked Opinions many of which were the same with those of the Gentiles by the Name of Religion but took occasion from thence to separate and disjoin themselves from the Communion or publick Worship and Service of God prescribed by publick Authority So as Constantine had a very difficult Task to govern the Empire in this distracted State not only of the Gentiles but of the Christians But since Religion is the highest Act of Piety Devotion and Gratitude which Man can return to God for his having preferred Man in his Creation and Generation above all other Creatures in giving him not only Dominion over them but much more by enduing Man with an intellectual and reasonable Soul capable of eternal Happiness and since Religion is not only mistaken in the Name and Exercise but made at this time as much a Stalking-horse to cover Mens Pride and fantastical Opinions as it was in Constantine's time and since to the Scandal of Christianity I hope the Reader will not lose his Time in understanding the difference between Christian Faith and Christian Religion and herein what is to be ascribed to God and what is the Duty of Man Christian Faith is a firm Belief and Reliance upon God's Promise revealed in the Old and New Testament to the end that Man by his Faith and Obedience to the Precepts which God requires of him herein may be made capable of Eternal Happiness from which he was faln by the Disobedience of our first Parents so as Christian Faith is the Effect of God's meer Grace and Favour to Man wherein Man is only passive in believing in God thus revealing himself and submitting to the Precepts which God requires in the Scriptures Christian Faith does not absolve Man from any of the Moral Duties which God requires of him by the Law of Nature but more strictly obliges Man to them not only in his Speech and Actions but forbids all Immoral Thoughts and Intentions so that Christian Faith is so far from being incompatiable with humane Peace and Society in this World that Man is more obliged hereto by it than by the Law of Nature Christian Religion is a conjoining of two or more in honouring and praising God for the publick Blessings they enjoy by God's Favour both as being by his Grace and Goodness received into the Communion of Christ's Congregation as also being protected in their Lives and Fortunes in their several Societies and Governments So that Christian Religion is the Act of the Will of Man in conformity to Christian Faith and Christian Faith and Religion differ as Man's Understanding and Reason God made Man without any Act of Man's Will an intellectual Creature to inform all his future Intentions Speech and Actions and it is the Will of Man to intend speak and act reasonably or conformable to his Understanding So that tho Christian Faith be the same in all Countries and Places yet Christian Religion must necessarily be different in different Countries and Places as God in his Providence is pleased to govern the World in them Thus the Children of Israel were obliged to join together in celebrating God's Honour and Praises for his Deliverance of them out of their Egyptian Bondage and for his immediate Government of them and prescribing them Laws for the Support of this Government and for God's revealing himself to them in the Old Testament which other Nations to whom God had not thus revealed himself and thus governed could not do So all Christian Countries and Kingdoms are as well obliged to join together in honouring and praising God for the publick Benefits they receive in being protected in every Government in their Lives and Fortunes in this World as well as in being received by God's special Grace and Favour into the Communion of Christ's Congregation But God's Providence in governing the World being after different manners in divers Places so must the Religion or the manner of celebrating God's Praises be differing in them In England we are obliged to honour and praise God that we enjoy God's Blessings by Laws peculiar to this Nation and by being delivered from the Popish Conspiracy in 1605 c. but other Nations which do not partake with us herein cannot join herein with us nor we with them Religion or the conjoining of Men in honouring and praising God for the publick Benefits they equally receive from God is the highest Duty incumbent upon Man for tho God by a peculiar Providence foresees and provides for all Men in several manners it may be not for two alike in all the World and also for these in daily Varieties yet Men are secured in these particular Blessings by the publick Laws and Governments of the different Places wherein they inhabit Christian Religion being a conjoining of many in celebrating God's Praises and in Prayers for God's continuing his Mercies and Blessings these Praises and Prayers are supposed to be uniform and foreknown that all who meet may join with one Voice and Mind in them and therefore S. Paul 1 Tim. 2. 1 2 3 4 5. exhorts Timothy that first of all as for the highest Duty of Christians Supplications Prayers Intercessions and giving of Thanks be made for all Men especially for Kings and all in Authority under
them tho at this time not only the Roman Emperours but all Kings and those in Authority were Heathen and Idolaters that we may lead a quiet and peaceable Life in all Godliness and Honesty for this is good and acceptable in the Sight of God our Saviour who will have all Men to be saved and come to the Knowledg of the Truth for there is one God and one Mediator between God and Men the Man Christ Jesus If therefore by Divine Precept or Command from God Supplications Prayers Intercessions and Thanksgiving be to be made for Heathen Kings and Magistrates much more are Christians obliged to make all these for Christian Kings and Magistrates All Kingdoms consist in the mutual Office of Commanding and Obeying so that it is as well the Duty of Kings and those who are in Authority to command as it is of the Subjects to obey and no Obedience can be where there is no Command to which it is due for where there is no Law there is no Transgression or Omission Tho these Offices be distinct in their Relations to the Governors and Governed yet the Rules of these Offices are the same and common to both so as that they ought to be foreknown as well to those in Authority to command as those who are subject to them these Rules are the Laws and Constitutions of every Kingdom and Country which unite them into one Incorporeal or Intelligible Body and under these is Mankind in different Places in divers manners maintained in Society and Concord The Offices of Commanding and Obeying are not only restrained to Moral Speech and Actions but extend to Religious for the Fear of God is the beginning of Wisdom as well in all publick as private Actions So that all Civil Nations to whom God had not revealed himself however they misplaced their Deities in Osyris Isis Jupiter c. worshipped their Gods in publick manner and had those Rites and Ceremonies which were performed by separate Persons ordained thereto As God governs the World and all Creatures in it so does he govern the Kingdoms in the World and has-set fatal Periods to them as well as to the Life of Man and all other Creatures yet as he has not in vain given Laws to Man to govern his Intentions Speech and Actions by and made him to subsist in the Labour of his Body and Cares of his Mind or both so has he not in vain commanded all Kingdoms and Nations to honour and serve him and to live justly and peaceably with one another and under these only can Kingdoms and Nations hope for Peace and God's Blessing upon them So that it is not the extent of the Territories of Kingdoms and Nations which is the Strength of them but the number of People in them nor is it their well-peopling only but their Unity in Religion and Civil Government for by these small Dominions increase upon others which are in Distraction and Dissension and where Kingdoms or Nations become distracted or divided either in Religion or Civil Government they become how great soever they be so much more enfeebled and tending to outward and intestine Dissolution as these shall be more These Discords in Religion and Justice have their Beginnings oft-times from Kings and those in Authority and often from the Subjects It was Solomon's Wives 1 Kings 11. that turn'd away his Heart from the Religion which God commanded which was the Cause ver 11. that God rent his Kingdom of Israel from him and gave it to his Servant Jeroboam and it was Jeroboam's Idolatry which distracted the Israelites into Factions which in time brought the Babylonish Captivity upon them from which they never returned And as Discords in Religion often arise from Kings and those in Authority which enfeeble the Strength of Kingdoms and Nations so does the Oppression and Injustice of Kings and Magistrates when they are not God's Ministers for their Subjects good make Kings Instruments of their vile Ends to the damage of their Subjects Thus Rehoboam to humour his Favourites bred up with him preferred them before his Subjects and threatned to oppress them more than his Father did whereby he lost the Dominion of ten of the twelve Tribes of Israel not only from himself but from his Father's House for ever and became so poor and feeble that the King of Egypt took Jerusalem and made Spoil of all the wonderful Riches which his Father had left him It was Ahab's Covetousness and Injustice in the Murder of Naboth and seizing his Vineyard that God not only disinherited his Posterity but rooted them out from the Face of the Earth 1 Kings 21. 21. And as this Discord in Religion and Justice may begin with the King and those in Authority so it may from those subject to them It was the People contrary to God's immediate Command forsook the Religion and Worship which was commanded them and set up the Molten Calf to be adored and worshipped Exod. 32. and it was the People which twice conspired to depose Moses from ruling over them Numbers 16. which brought so great a Destruction upon them I do not question but it was the intolerable Tyranny and Oppression of Dioclesian Maximinian Maximin and Maxentius as well as their horrible Persecution of the Christians so livelily described by Lactantius which gave so great a Reputation to the Christians and made Constantine's Passage to the Roman Empire more desirable not only by the Christians but even by the Gentiles Nor was the Roman Empire at any time of a greater extent unless under Trajan than when Constantine became sole Emperor Whereas this Roman Empire in the Body of it was never in so distracted and feeble a State for tho Constantine in regard of the Excellency of his natural Disposition was universally acknowledged Emperor yet above all things endeavouring the Propagation of Christian Faith and Religion and by his own Authority without the Concurrence of the Senate he granted an universal Toleration of Religion to all Sects of Christians as well as Jews and Gentiles and not only discharged the Christian Clergy which by the Constitutions of the Empire when they were not otherwise persecuted were subject to give their Attendance upon defraying the Lustral Sacrifices and watch and ward for Security of the Pagan Temples but made the Christians capable of receiving Legacies and of all publick Imployments so as the Christians were not only in an equal but better Estate than the Gentiles and upon all occasions had the Preference of Constantine's Favour But however this displeased the Gentiles it did not content all sorts of Christian Hereticks and Schismaticks who were so obstinate in their Opinions that all the Endeavours Constantine could use would not reconcile them For besides the Nicene Council he called four more viz. at Gaul Ancyra Neo Caesarea and Laodicea But when the Hereticks and Schismaticks would not submit to these Constantine restrained them from the Privileges he before granted them and left them in the same
Molestation other than by Censure of the House it self for or concerning any speaking reasoning or declaring any Matter or Matters touching the Parliament or Parliament-business And that if any of the said Members be complained of and questioned for any thing done or said in Parliament the same is to be shewed to the King by the Advice and Consent of all the Commons assembled in Parliament before the King give Credence to any private Information If the King was alarmed at the Commons Remonstrance this Protestation of the Commons was such an Invasion upon his Sacred Prerogative Royal that neglecting his Pleasures and Health which he took such care to preserve by retiring into the Country up he now comes to London and upon the 30th of December and in a full Assembly of Council and in the Presence of the Judges declares the said Protestation invalid annull'd and void and of none effect Manu sua propria takes the said Protestation out of the Journal-Book of the Clerk of the Commons House of Parliament and commanded an Act of Council to be made thereupon and this Act to be entred in the Register of the Council-Causes And on the 6th of January the King by his Proclamation dissolved the Parliament Shewing that the meeting continuing and dissolving of Parliaments does so peculiarly belong to him that he needs not give any account thereof to any other yet he thought fit to declare that in the Dissolution of this Parliament he had the Advice and Vniform Consent of his whole Council and that some particular Members of the Commons took inordinate Liberty not only to treat of his High Prerogatives and sundry things not fit to be argued in Parliament but also to speak with less respect of Foreign Princes That they spent their time in disputing Privileges and descanting upon the Words and Syllables of his Letters and Messages and that these evil-temper'd Spirits sowed Tares among the Corn and by their Carriage have imposed upon him a necessity of discontinuing this present Parliament without putting to it the Name or Period of a Session And lastly he declared That tho the Parliament were broken off yet he intended to govern well and shall be glad to lay hold on the first occasion to call another CHAP. IV. A Continuation of this Reign to King James his Death THE first Act the King did to make good his Promise in his Proclamation to govern well was his Commitment of Sir Edward Coke and Sir Robert Philips to the Tower and Mr. Selden Mr. Pym and Mr. Mallery to other Prisons and Sir Dudley Diggs Sir Thomas Crew Sir Nathaniel Rich and Sir James Parrot into Ireland Sir Thomas Overbury had a Cause assigned for his Commitment to the Tower but yet it was observed an Hardship upon him without any Precedent that he should be confined a close Prisoner for a Contempt whereas these were not only confined but close Prisoners for ought I can find I am well assured Sir Edward Coke was not only without any Cause shewed but for performing a publick Trust reposed in them Nor did the Commons only suffer under this Fury of the King for performing their Duty but the Noble Earl of Southampton was imprisoned for his freedom of Speech and for rebuking Buckingham for his disorderly speaking in the House of Lords as you may see in the first Part of Keeper Williams's Life fol. 62. tit 8. But of all others this Storm fell most severely upon Sir Edward Coke and by several ways his Ruin was contrived First By sealing up the Locks and Doors of his Chambers in London and in the Temple Secondly By seizing his Papers by virtue whereof they took away his several Securities for Money as a learned Lawyer Mr. Hawles hath observed Thirdly It was debated in Council when the King would have brought in the General Pardon containing such Points as he should think fittest by what ways they might exclude him from the benefit of it either by preferring a Bill against him before the Publication of it or by excepting him by Name Fourthly If the King's Name were used by Northampton and Somerset to confine Sir Thomas Overbury so close that neither his Father nor Servants should come at him so was the King's Name used here that none of Sir Coke's Children or Servants should come at him and of this I am assured from one of Sir Edward's Sons and his Wife Fifthly In this Confinement the King sued him in the King's-Bench for 30000 l. 2 s. 6 d. for an old Debt pretended to be due from Sir William Hatton to Queen Elizabeth and this was prosecuted by Sir Henry Yelverton with all Severity imaginable but herein the King's Counsel were not all of one piece for when a Brief against Sir Edward was brought to Sir John Walter I think then Attorney-General he returned it again with this Expression Let my Tongue cleave to the Roof of my Mouth whenever I open it against Sir Edward Coke however after the Trial the Verdict was against the King Mr. Selden got his Liberty by the favour of my Lord Keeper Williams but the rest must abide by it till the breaking of the Spanish Match necessitated the King to call another Parliament But lest the King's Word in his Proclamation for governing well should not pass currant and without dispute the King ordered the Judges in their Circuits to give this in their Charges That the King taking notice of the Peoples liberal speaking of Matters far above their reach and also taking notice of their licentious undutiful Speeches touching State and Government notwithstanding several Proclamations to the contrary the King was resolved no longer to pass it without severest Punishment and thereupon to do exemplary Justice where they find any such Offenders The King having in the ninth Year of his Reign borrowed 111046 l. upon Privy-Seals which the Writer of the Historical Narration of the first 14 Years of King James his Reign Tit. Monies raised by him fol. 14. says were unrepay'd Now since he could receive no more Money in Parliament orders the Privy-Council to issue out an Order for raising Money out of Parliament for the Defence of the Palatinate and also sent Letters to the Justices of the Courts in Westminster-Hall and Barons of the Exchequer to move them and perswade others to a liberal Contribution for the Recovery of the Palatinate according to their Qualities and Abilities Nevertheless if any Person shall out of Obstinacy or Disaffection refuse to contribute thereto proportionably to their Estates and Means they are to certify their Names to the Council-Board Letters to the same effect were directed to the High-Sheriffs of Counties and Justices of Peace and to the Mayors and Bayliffs of every City and Corporation within the Kingdom requiring them to summon all before them of known Abilities within their Jurisdictions and to move them to a chearful Contribution according to their Means and Fortunes in some good measure answerable to what others well
thereunto that altho he granted Commissions for collecting certain Duties and Customs due by Law yet made none for receiving the Subsidies of Tunnage and Poundage till it was granted in Parliament Since his time all Kings and Queens have had such Grants for Life by the free Love and Good-will of the Subjects but whensoever the People have been grieved by laying on any other Imposition or Charges upon their Goods and Merchandise without Authority of Law which has been very seldom yet upon Complaint in Parliament they have been relieved saving in the time of your Royal Father who having through ill Counsel raised the Rates and Charges upon Merchandise to that height at which they now are yet he was pleased so far to yield to the Complaint of his People as to offer That if the Value of such Impositions as he had set might be made good unto him he would bind himself and his Heirs by Act of Parliament never to lay any more which Offer the Commons did not yield to Nevertheless your Loyal Commons in this Parliament out of special Zeal to your Majesty's Service and especial Regard of your pressing Occasions have taken into their Consideration so to frame a Grant of Subsidy of Tunnage and Poundage to your Majesty that both you might have been better enabled for the Defence of your Realm and your Subjects by being more secure from all undue Charges be more encouraged chearfully to proceed in Trade by Encrease whereof your Majesty's Profit and likewise the Strength of the Kingdom would be much augmented But being now not able to accomplish this their Desire there is no Course left to them without manifest Breach of their Duty to his Majesty and Country save only to make this Declaration That the receiving Tunnage and Poundage and other Impositions not granted by Parliament is a Breach of the Fundamental Liberties of this Kingdom and contrary to your Majesty's Royal Answer to the Petition of Right The King who had so unwillingly heard the Commons Remonstrance against the Duke before the Bill of Subsidies was passed both Houses now it was past both Houses was resolved to hear no more of this and therefore when this Remonstrance concerning the Tunnage and Poundage was engrossed and reading in the House the King sent for the Speaker and the House to the House of Lords where the King came so unexpectedly that the Lords had not put on their Robes nor had the Commons given the Speaker any Order or Direction to deliver the Bill of Subsidies neither was it brought down to the Commons again as is usual When the Commons came to the Lords House the King said It may seem strange that I come so suddenly to end this Session before I give my Assent to the Bills I will tell you the Cause tho I must avow that I owe the Account of my Actions to God alone It is known to every one of you that a while ago the House of Commons gave me a Remonstrance how acceptable every Man may judg and for the Merit of it I will not call that in question for I am sure no wise Man can justify it Did ever any King of England but this King's Father and himself treat a Parliament or either House at this rate before At the opening of the Parliament he calls them Fools if they would not do as he would have them and now he tells the Commons No wise Man can justify their Advice to him I 'm sure a wiser Man than this King or his Father says He that wins Souls is wise and if you convert the Proposition He that provokes them is otherwise Heretofore the Kings of England and I believe all prudent and civiliz'd Princes ever forbore to give any Petitioners harsh Language if their Petitions did not please their usual Answer was The King will consider or be advised upon them One great End of the Meeting of Parliaments is truly to represent to the King the State of the Kingdom which is rarely done by Flatterers and Favourites whose Interest is contrary to that of the Kingdom and if any thing be done in Prejudice of the King and Kingdom that both may be redressed in Parliament In the Commons Remonstrance to the King they set forth the weak and dangerous State of the Kingdom equally dangerous to the King and Kingdom in six several Particulars Does the King either answer or deny any one of the Particulars otherwise than that he is sure no wise Man can justify their Remonstrance But tells no Reason for this nor from whom he had this Assurance Was ever any King or Man so great as to be above his Interest or less for being well advised in all his Actions Nay ought not not only every King but other Men be so much more careful and advised in all their Actions by how much greater they are The King goes on and says Now since I am truly informed that a second Remonstrance is preparing for me to take away the Profit of Tunnage and Poundage one of the chief Maintenances of my Crown by alledging I have given away my Right thereto by my Answer to your Petition So that here the King hath true Information of that but says not how he was truly informed which was not in being for the Remonstrance was not passed the Commons when the King came into the House of Lords so that it may more probably be the King is not truly informed of this Remonstrance I 'm sure he is misinformed if the Remonstrance as it is printed in Rushworth and Franklin be true that the Commons alledged that the King had given away his Right to the Customs by his Answer to the Petition of Right For the Commons denied there that either he or any of his Predecessors before him which was long before the Petition of Right had any Right to them before they were granted by the free Gift of the Subject Tho the King would take the Customs to which he had no Right yet would he not permit the Commons to sit till they could perfect a Bill to give him Duties upon Tunnage and Poundage without which no King of England before him claimed any other Right But since the King says in his Declaration for the Dissolution of the Parliament that his Predecessors time out of mind have had these Customs but says not who told him so it 's fit to see when and what Customs of Tunnage and Poundage were taken and for what end and how they were taken Sir Edward Coke in his fourth Institute of the High Court of Parliament fol. 32. out of Records makes thirteen Observations upon the Subsidy of Tunnage and Poundage 1. Of Poundage only at 6 s. in the Pound for two Years upon Condition c. And this was 47 Edw. 3. 2. 6 d. for Poundage 2 s. for Tunnage of Wine hac vice This was 6 Ric. 2. 3. 6 d. of every Pound of Merchandise 2 s. of every Tun of Wine upon Condition
c. and hac vice This was 7 Ric. 2. 4. Sometimes to have Intermission and to vary lest the King should claim them as Duties as 2 s. 18 d. 3 s. 5 Ric. 2. 9 Ric. 2. 10 Ric. 2. 5. 3 s. for Tunnage of Wine and 2 s. 6 d. for Poundage for one Year 11 Ric. 2. 6. 3 s. for Tunnage of Wine and 1 s. for Poundage hac vice 13 Ric. 2. 7. 6 d. for Poundage and 18 d. for Tunnage of Wines for three Years 14 Rich. 2. 8. 8 d. for Poundage and 2 s. for Tunnage of Wine 2 Hen. 4. 9. 12 d. for Poundage and 3 s. for Tunnage of Wine for three Years 4 Hen. 4. 10. 12 d. for Poundage and 3 s. for Tunnage of Wines for several times upon Condition sometimes for one Year 6 Hen. 4. 11. 12 d. for Poundage and 3 s. for Tunnage of Wines for four Years 1 Hen. 5. 12. The like Subsidy was granted to Hen. 5. in the third Year of his Reign for Life for carrying on the War against France 13. Tunnage of Wine and Poundage was granted to Edw. 4. for Life with no Retrospect but for time to come 4 Edw. 4. These were continued to all the Kings and Queens of England after Edw. 4. to King Charles 1. but these were of Wines only but these were always granted for the guarding the Seas and of the free good Will of the Subject So that the first Grant of these Duties of Tunnage and Poundage for Life began at Hen. 5. but that was but for that part of his Life for time to come being granted in the third Year of his Reign and so were those in the Reign of Edw. 4. which were granted in the fourth Year of his Reign and Hen. 7. would not take them till they were granted by Parliament and Sir Robert Phillips who was a Member of Parliament Primo Jac. says in his Speech in Parliament Mr. Rushworth mentions it fol. 644. that by reason of the Sickness primo Jac. the Parliament was prorogued and then some were so bold as to demand the Duties of Tunnage and Poundage for which they were questioned in Parliament But after the Duties of Tunnage and Poundage were given to King James and settled by a Book of Rates King James which none of his Predecessors ever did before imposed higher Duties upon several sorts of Merchandise than were granted in Parliament by his own Will and so continued them to his Death and after his Death his Son by his own Will took not only those Duties granted by Parliament but those imposed by his Father neither would he permit the Parliament to sit to establish a Book of Rates but prorogu'd or dissolved them before they could accomplish it And this was the Right he charges the Commons to endeavour to take away by his granting the Petition of Right The King goes on and says This the Right to Tunnage and Poundage alledg'd to be given away by the Commons is so prejudicial to me that I am forced to end this Session some few hours before I meant being unwilling to receive any more Remonstrances to which I must give a harsh Answer And since I see that the House of Commons begins already to make false Constructions of what I granted in your Petition lest it be worse interpreted in the Country I will now make a Declaration concerning the true Intent thereof The King should have declared whether he saw this false Construction of the Commons with his own Eyes or the Eyes of another if with his own Eyes Why does he not declare wherein the Commons made this false Construction of his Grant Or if he saw or heard of this false Construction of the Commons from another the King should have said who told him so Now let us see if the contrary of what the King so injuriously charges the Commons with be not true The Commons say No King of England ever claimed these Customs but by the free Gifts of his Subjects Does the King deny this or shew that ever any King of England claimed them otherways or by any other Right The Commons say His Father raised them to the height they then were without Act of Parliament or free Gift of the People Does the King deny this to be true And that the King continues to take these Customs without any Act of Parliament or Gift of the People Does the King deny this Do not the Commons tell the King That out of their Zeal to his Service and especial Regard to his pressing Occasions they had under Consideration so to frame a Grant of a Subsidy of Tunnage and Poundage to his Majesty that he might have been the better enabled for the Defence of his Realm and Subjects by being secure from all undue Charges for the Security of Trade the Profit of the King and Strength of the Kingdom Does the King deny this With what Conscience and Justice then does the King say the Commons made false Constructions of his Answer alledging he had given away his Right to the Customs by his Answer to the Petition of Right When or where is any such Allegation in any part of the Remonstrance The Commons say that since the King will not permit them to finish their intended Subsidy they have no Course left without manifold Breach of their Duty to his Majesty and their Country save only to make this humble Declaration That the receiving Tunnage and Poundage and other Impositions not granted by Parliament is a Breach of the Fundamental Liberties of this Kingdom and contrary to your Majesty's Answer to the Petition of Right Does the King shew that it was not the Commons Duty to represent this to him or that the Commons alledged he had any Right to the Duties which he had given away by his Answer to the Petition of Right Now let 's see the King's Declaration of the true Intent of his Answer to the Petition of Right The Profession of both Houses in the time of the Hammering spoke like a King this Petition was no ways to trench upon my Prerogative no more it did saying They had neither Intention or Power is hurt it therefore it must needs be conceived that I have granted to new but only to confirm the antient Liberties of my Subjects Yet to shew the Clearness of my Intentions that I neither repent nor mean to recede from any thing I have promised you I do here declare my self That those things which have been done whereby many have had some Cause to expect the Liberties of the Subject to be trenched upon and indeed was the first and true ground of the Petition shall not hereafter be drawn into Example for your Prejudice and from time to time on the Word of a King ye shall not have the like Cause to complain But as for Tunnage and Poundage it is a thing I cannot want and was â—ever intended by you to ask nor meant by me I am sure to grant Nor did
same to correct amend and alter And also where no Statutes are extant in all or any of the aforesaid Cases to devise and set down such good Orders and Statutes as you or any five or more of you as is aforesaid whereof you the said Lord Chancellor to be one shall think meet and convenient to be by us confirmed ratified allowed and set forth for the better Order and Rule of the said Universities Cathedrals and Collegiate Churches Colleges and Grammar-Schools Erections and Foundations and the Possessions and Revenues of the same as may best tend to the Honour of Almighty God Encrease of Vertue Learning and Unity in the said Places and the publick Weal and Tranquillity of this our Realm Moreover our Will Pleasure and Commandment is That our said Commissioners and every of you shall diligently and faithfully execute this our Commission and every Part and Branch thereof in manner and form aforesaid and according to the true Meaning hereof notwithstanding any Appellation Provocation Privilege or Exemption in that behalf to be made pretended or alledged by any Person or Persons resident or dwelling in any Place or Places exempt or not exempt within this our Realm any Law Statutes Proclamations or Grants Privileges or Ordinances which be or may seem to be contrary to the Premises notwithstanding And for the better Credit and more manifest Notice of your doing in Execution of this our Commission our Pleasure and Commandment is That to your Letters missive Processes Decrees Orders and Judgments for or by you or any three or more of you as is aforesaid to be awarded sent forth had made decreed given or pronounced at such certain publick Places as shall be appointed by you or any three or more of you as is aforesaid for the due Execution of this our Commission you or some three or more of you as is aforesaid whereof you the said Chancellor to be one shall cause to be put and fixt a Seal engraven with the Rose and Crown and the Letter J. and Figure 2. before and the Letter R. after the same with a Ring or Circumference about the same Seal containing as followeth Sigillum Commissiariorum Regiae Majestatis ad Causas Ecclesiasticas Finally We will and command all and singular other our Ministers and Subjects in all and every place and places exempt and not exempt within our Realm of England and Dominion of Wales upon any Knowledg or Request from you or any three or more of you as is aforesaid to them or any of them given or made to be aiding helping and assisting unto you and to your Commandment in and for the due executing your Precepts Letters and other Processes requisite in and for the due executing of this our Commission as they and every of them tender our Pleasure and Will to answer the contrary at their utmost Perils In witness c. Here I make these Remarks upon this Commission First That the Archbishop of Canterbury who was first named in it refused to act in it so the Bishop of Chester was put in tho not in the first place Secondly How unwarily it was drawn for though I believe every one understands the Design of this Commission was to introduce a Roman Hierarchy which assumes a Power over the temporal in order to the spiritual Good yet here this Commission grants the temporal Power viz. the Chancellor and any other two viz. my Lord Treasurer President or Chief Justice a Power of Excommunication which is a pure spiritual Act. But whilst this Commission was thus in Embrio 't is fit to observe what was done before its coming into Act. You have heard how severely Oates was treated for discovering the Popish Plot Dangerfield's turn comes now to be as severely treated but with a worse Fate for discovering the Meal-tub Plot which was to have thrown the Popish Plot upon the Presbyterians Dangerfield in his Depositions before the Parliament had revealed that he was imployed by the Popish Party chiefly by the Lords in the Tower and Countess of Powis to kill the King and was encouraged and promised Impunity and Reward and part of it given him by the Duke of York for that end Upon this he was tried in Westminster-Hall in Trinity I think or Easter-Term in 1686 upon a Scandalum Magnatum and as Juries went was found Guilty and had the same Sentence of Whipping which Oates had and in his return from his Whipping from Tyburn towards Newgate was run into the Eye with a Tuck at the end of a Cane by one Robert Francis a fierce Papist of which with the Agony of his Whipping he soon after died but his Body was so swoln and martyr'd with his Whipping that 't was a question whether he died of the Whipping or Wound in his Eye You may read the Information at large which was ordered to be printed by the Commons Novem. 10. 1680. and after the Speaker Williams was fined 10000 l. for Licensing it tho by Order of the Commons to be printed The same Term I think Mr. Samuel Johnson commonly known by the Name of Julian Johnson was sentenced by the Court of King's Bench Sir Edward Herbert Chief Justice to stand three times in the Pillory and to be whipped from Newgate to Tyburn which was severely executed for making this humble and hearty Address to all the English Protestants in the Army raised by the King Gentlemen NEXT to the Duty we owe to God which ought to be the principal Care of Men of your Profession especially because you carry your Lives in your Hand and often look Death in the Face the second thing which deserves your Consideration is the Service of your Native Country wherein you drew your first Breath and breath a free English Air. Now I desire you to consider how well you comply with these two main Points by engaging in the present Service Is it in the Name of God for his Service that you have joined your selves with Papists who indeed will fight for the Mass Book but burn the Bible and who seek to extirpate the Protestant Religion with your Swords because they cannot do it with their own And will you be aiding and assisting to set up Mass-Houses to erect that Kingdom of Darkness and Desolation amongst us and to train up all our Children in Popery How can you do these things and call your selves Protestants And then what Service can be done your Country by being under the Command of French and Irish Papists and by bringing the Nation under a foreign Yoke Will you help them to make forcible Entry into the Houses of your Countrymen under the Name of Quartering contrary to Magna Charta and Petition of Right Will you be aiding and assisting to all the Murders and Outrages which they shall commit by their void Commissions which were declared Illegal and sufficiently blasted by both Houses of Parliament if there had been any need of it for it was very well known before that a Papist cannot