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
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
Vnhappy Expeditions and sometimes by Lending them to France in a time when we had more need to Borrow and by such Whimzees but the Parliament gave it a worse name calling them Treasons they reduc'd the King and Kingdom into great Straits weakness and necessities which was the design of the Popish Plot the Favourites were only the Instruments and perhaps saw not what they did But they did so many Irrational Senseless and Destructive Acts that almost all lay at Stake as you have heard and was just upon the go What must be done That was the Question in these Necessities and Straits To call a Parliament was the proper natural true certain and only English Remedy Tory. Ay so it was I must needs say Whig Well and so the King found too late but the Minions had done such unanswerable things that in all their Consultations they did as all Private Councellors do stear their course with an Eye and main respect to their own particular Safeties and welfare and not to the general good welfare and Salvation of the Ship of the Commonwealth that they guided at the Helm and they were so Conscious of their own wickedness that the Earl of Strafford very prudently foreseeing his own destruction when the Parliament was called humbly craves excuse from attending it chusing rather to stay with his Army in the North. Tory. He had nothing else to trust to but an Army and Force for by Force and an Army he Ruled in Ireland and nothing but the same methods could possibly preserve him nor indeed any Tyranny and Oppression Whig True Violence only can justify Violence not could his sins be safe but by attempting greater yet he had something else to Trust to besides an Army Tant What I pray let me hear that Whig The Royal Word and the Promise of a King who to perswade him to come to the Parliament besides the Peremptory Command that would take no denyal or excuse but come he must the King engaging and promising that as he was King of England he was able to secure him from any danger and that the Parliament should not touch one Hair of his Head Tant But they did reach every Hair of his Head and the Head also the King also Passing the Bill But what said the Earl when he first heard that the King had past the Bill against him as in a Complemental Letter he gave him leave Whig He held up his Hands as Coleman did at the Gallows when he saw he must go to it not using the very words that Coleman did There is no Truth in men but to the same Tune lift up his Eyes to Heaven and laying his Hand on his Heart said Put not you Trust in Princes nor in the Sons of men for in them there is no Salvation Tant Ay Coleman indeed was left in the Lurch some thought by his last words And thus the Devil Huggs the Witch But at the Gallows leaves the Wretch To the Embrace of Squire Ketch Laughing when her Neck does Stretch That he her Soul to Hell may Fetch Tory. But what said King Charles in his own excuse For giving up Strafford contrary to Promise Whig He was Sorry for it but it could not be help'd it was so lately done but the King nevertheless sent a Letter by the Prince to the Lords written with his own Hands Intreating them that they would Confer with the House of Commons to spate the Life of the Earl and that it would be a high Contentment to him Tant And what did the Lords thereupon Whig Just nothing at all as to sparing his Life but so confirm'd the King that he said also Fiat Justitia But the King in a Speech a little before he Signed the Bill of Attainder against the Earl told both the Houses of Parliament that in Conscience he could not Condemn the Earl of High Treason that he Answered for as to the most of the main particulars of the Charge against him Tory. Ay ay the Earl did not durst not have attempted such things as he did if some body had not been privy to it besides himself Whig The King also told the two Houses at the same time that neither Fear nor any other respect should make him go against his Conscience Tant But it seems his Royal Resolution was Changeable Whig Yes and yet he was naturally constant to his Opinions and Tenacious of them some thought even to Offence sometimes But the Crimes against the Earl's Arbitrary Government Arbitrary Sway Arbitrary Councels Arbitrary Force Arbitrary Taxes and Ruling by an Army and making his Will his Law was so Apparent that the fault mustly upon some body and upon whom more fit than upon such an evil Instrument and evil Councellor as Strafford was whom the very King himself could not deny to be guilty as he publickly acknowledged to both Houses in his Speech aforesaid of such Misdemeanors that he thought the Earl not fit to serve him or the Commonwealth in any place of Trust no not so much as a Constable and concluded his said Letter with these words If no less than his Life can satisfie my people I must say Fiat Justitia which words he repeated when the Lords in Answer to his Majesties said Letter denyed to spare his Life as unsafe for the King and Royal Family Tory. I am clear too of Opinion that either the King was privy to his Misdemeanors before that time as the King intimated as aforesaid or else he and all other Kings may think the better of Parliaments as long as they live for representing men in their true colours and letting them see that the Persons and chief Favourites Admirals and Generals of their Armies and when they trust as King Charles did Strafford with the management of their chief Affairs are really and truly such wretches that they are not fit for the meanest Trust no not so much as worthy to be Petty Constable Whig That Dilemma is unanswerable Tant But Prythee Whigg what Opinion had men in those days of the Court as to Arbitrary Government Popery or Affection to Popery Whig Men strangely differ'd in Opinion in those days as now which bred that great difference amongst men as it seems was not to be decided without Blood great unnatural and uncivil Bloodshed Tory. We that were Cavaliers believed the King when he took the Sacrament upon it and pass'd so many Acts of Parliaments against Popery and Papists and promis'd to proceed Vigorously against Papists and that he also did abhor the Thoughts of Arbitrary Government Really we believ'd so many Oathes Sacraments Vowes and Royal Words and Promises publick and private Declarations and Proclamations Whig Ay ay so you did we Whiggs too have a great deal of Faith if we let upon a belief we will not to our own Eyes give Credit we are for Implicite Faith sometimes as well as you Tory. Well but Answer to the purpose was not the King counted a Gracious good King Whig Yes all Kings are called so especially whilst they Live and to their Heads for a King can do no wrong And all men acknowledged that King Charles I. of his own Natural Temper was inclined to Goodness and Mercy and Justice and
But how will you mend your selves if I get some of it for secret Service Whigg Thou art capable of any secret Service but Pimping Tant Pimping that becomes not my Coat Whigg True but I could tell you a time when Pimping and Conniving at Whoredom and Adultery has been as ready a road to a Bishoprick as ever Sybthorp Manwaring or Mountague took Tant In what time I pray Whigg In what time Catch-pole in no good time Tant Well say tho' in what time good Whigg Whigg When Popish Councils prevail'd most and Popish Interest Tant Oh! a great while ago Whigg Yes yes Man-Catcher how fain thou wouldst find me tripping Tant But did King Charles 1. take Tunnage and Poundage and Imprison the refusers without Authority of Parliament for the first 15 years of his Reign Tory. Yes indeed Mr. Richard Chambers was Imprisoned for refusing to pay Customs and had also 7060 Pounds of his goods taken from him and was fined 2000 l in the Star-chamber Tant See what it is to be obstinate and Rebellious Whigg What language these Tantivees have Obstinate and Rebellious when it was Voted and Declared by the honourable House of Commons Anno 1627. 1628. That whosoever shall Counsel or Advise the taking or Levying of the Subsidy of Tunnage and Poundage not granted by Parliament or shall be any Actor or Instrument therein shall be reputed an Innovator in the Government and a capital Enemy to the Kingdom and Common-wealth And if any Merchant or Person whatsoever shall voluntarily yield or pay the said Subsidy of Tunnage or Poundage not being granted by Parliament they shall likewise be reputed Betrayers of the Liberties of England and Enemies to the same As may appear by the said Order upon Record Now good Tantivee what shall a Subject do in this Case he must necessarily be ground-crusht between two Mill-stones if he Payes not the Kings party take all from him and if he Payes the Parliament punishes him for Betraying the Liberties of England and as a common and capital Enemy Tant There is but Right and Wrong in the World which of them were in the Right Whigg Neither of them would acknowledge themselves in the Wrong I 'le warrant 'till the longest Sword decided the Quarrel Tant But might not Mr. Chambers have been Pardoned if he would have Recanted these words They meaning the Merchants are in no parts of the World so screw'd and wrung as in England and that in Turkey they have more Incouragement Whigg Recant yes they brought him a Recantation to Subscribe and then he should be Released of his Fine 2000 l But the draught of Submission he Subscribed thus All the abovesaid Contents and Submission I Richard Chambers do utterly abhor and detest as most unjust and false and never 'till Death will acknowledge any part thereof Richard Chambers Also he underwrit these Texts of Scripture instead of Submission namely That make a man an Offender for a word and lay a snare for him that reproveth in the gate and turn aside the just for a thing of nought Wo to them that devise Iniquity because it is in the Power of their hand and they covet Fields and take them by Violence and Houses and take them away so they Oppress a man and his house a man and his heritage Thus saith the Lord God let it suffice you Oh Princes of Israel Remove Violence and Spoil and execute Judgment and Justice take away your Exactions from my People saith the Lord God If thou seest the Oppression of the Poor and violent perverting of Judgment and Justice in a Province marvel not at the matter for he that is higher than the highest regardeth and there be higher than they Per me Richard Chambers Tant But did He that is higher than the highest regard and shew his Displeasure in this Affair Whigg It is neither safe nor easy to unriddle the meaning of Gods Providence by the Events But as to matter of Fact History tells us that Richard Chambers notwithstanding his vast Losses for which he never had considerable Reparation when time serv'd so thankless an Office it is to be a State Martyr as to the gratitude of men but by Gods goodness to him he liv'd to be Sheriff of London and a worshipful Alderman thereof but his Judges in the Star-Chamber many of them did not come to the Grave in Peace but went out of the World as naked as they came into it stript of all before they were bereav'd of Life yet the Lord Treasurer Weston dyed of his fair death flying beyond Sea and withall he dyed a professed as before he was vilely suspected and taken upon suspition for a Masquerade Papist Tant You Whiggs thought him a Covert-papist or a Protestant in Masquerade when he was so preferr'd at Court from Chancellor of the Exchequer to be the great Lord Treasurer Whigg He was a Creature of Buckingham's making and Bishop Laud's Confirming Tant Do Bishops confirm Lord Treasurers Whigg Sometimes as well as turn Lord Treasurers themselves as they used to be Tant The worst of the Disciples carryed the Bag. Whigg That Rule holds not always true Tant But if the said Treasurer did Dye a profest Papist that looks not well on our side Tory. Nor can it surely be deny'd and the Commons were so sensible of it that they agreed upon this ensuing Petition to his Majesty concerning Recusants long before Weston grew so high in these words To the Kings most Excellent Majesty YOUR Majesties most Obedient and Loyal Subjects the Commons in this present Parliament Assembled do with great Comfort remember the many Testimonies which your Majesty hath given of your Sincerity and Zeal for the true Religion Established in this Kingdom and in particular your gracious Answer to both Houses of Parliament at Oxford upon their Petition concerning the Causes and Remedies of the Increase of Popery that your Majesty thought fit and would give Order to Remove from all Places of Authority and Government all such Persons as are either Popish Recusants or according to direction of former Acts of State justly to be suspected which was then Presented as a great and principal Cause of that Mischief but not having received so full redress herein as may conduce to the Peace of this Church and safety of this Regal State they hold it their Duty once more to resort to your Sacred Majesty humbly to Inform you that upon Examination they find the Persons underwritten to be either Recusants Papists or justly suspected according to the former Acts of State who now do or since the Siting of the Parliament did remain in places of Government and Authority and Trust in your several Counties of this your Realm of England and Dominion of Wales The Right Honourable Francis Earl of Rutland Lieutenant of the County of Lincoln Rutland Northampton Nottingham and a Commissioner of the Peace and of Oyer and Terminer in the County of York and Justice of Oyer
from Trent Northwards and also against his Deputy Justice in Oyer from Trent northwards the right Honourable Viscount Dunbar Deputy Lieutenant in the East riding of York-shire his Wife and Mother and the greatest part of his Family being Popish Recusants also against William Lord Eure a convict Popish Recusant and in Commission for the Sewers Henry Lord Abergavenny John Lord Tenham Henry Lord Morley John Lord Mordant John Lord St. John of Basing Captain of Lidley Castle in Com. Southampton Em. Lord Scroop Lord President of his Majesties Council in the North Lord Lieutenant of the County and City of York and of Kingston upon Hull Anthony Viscount Mountague in Commission of the Sewers Sir William Wray Knight Deputy Lieutenant Collonel to a Regiment his Wife a Recusant Sir Edward Musgrave Sir Thomas Lampley Justices of Peace and quorum Sir Thomas Savage Deputy Lieutenant and Justice of the Peace his Wife and Children Recusants Sir Richard Egerton a Non-communicant Thomas Savage Esquire a Deputy Lieutenant a Recusant and his Wife Indicted and Presented William Whitmore Sir Hugh Beeston Sir William Massy Sir William Courtnâ—y Knight Vice-warden of the Stannery and Deputy Lieutenant a Popish Recusant Sir Thomas Ridley Sir Ralph Conyers James Lawson Esquire Sir John Shelley Knight and Baronet a Popish Recusant William Scot Esquire a Recusant John Finch Esquire not convicted but comes not to Church Sir William Mullineux Deputy Lieutenant and Justice of the Peace his Wife a Recusant Sir Richard Houghton Knight Deputy Lieutenant Sir William Norris Captain of the General Forces and Justice of Peace a Recusant Sir Gilbert Ireland Justice of Peace a Recusant James Anderton Esquire Justice of Peace and one of his Majesties Receivers Edward Rigby Esquire Clerk of the Crown Justice of Peace himself a good Communicant but his Wife and Daughter Popish Recusants Edward E Robert Warren Clerk a Justice of the Peace justly suspected for five Reasons there mentioned Sir Henry Compton Knight Deputy Lieutenant Justice of the Peace and Commissioner for the Sewers Sir John Shelly Knight and Baronet himself and his Lady Recusants Sir John Gage a Popish Recusant with a vast number more of Justices of Peace and Commissioners of Sewers either Papists or justly suspected Wherefore they humbly beseech your Majesty not to suffer your loving Subjects to continue any longer discouraged by the apparent sence of that Increase both in number and power which by the Favour and Countenance of such like ill affected Governours accreweth to the Popish Party but that according to your own Wisdom Goodness and Piety whereof they rest assured you will be graciously pleased to Command that Answer of your Majesties to be effectually observed and the Parties above named and all such others to be put out of such Commissions and Places of Authority wherein they now are in your Majesties Realm of England Contrary to the Acts and Laws of State in that behalf Tant Those last words were Pungent Tory. Not prevalent surely for the Parliament was soon after Dissolved and the House of Commons having Intimation of their intended Dissolution made what hast they could to perfect a Remonstrance or Declaration against the Duke of Buckingham and concerning Tunnage and Poundage taken by the King since his Fathers death without consent in Parliament and which were never payable they say in their Remonstrance to any of his Majesties Ancestors but only by a special Act of Parliament and ought not to be levyed without such an Act. Tant And did the King go on Collecting and taking Tunnage and Poundage notwithstanding Tory. Yes he said he could not want it and sent them a former Message that if He had not a timely supply He would betake himself to New Councils Tant New Councils what were they Tory. The Commons in their said Remonstrance often with thoughtful Hearts remember the words New-Councils repeating and Repeating them as if they were somewhat against the old Parliamentary Councils and course of this Kingdom and they Order'd every Member of the House to have a Copy of the said Remonstrance for they had not time to Present it to his Gracious Majesty but were Dissolv'd though the Lords also prepared a Petition to stay the Kings purpose in Dissolving the Parliament sending Viscount Mandevil Earl of Manchester Lord President of his Majesties Council the Earls of Pembrook Carlisle and Holland to entreat his Majesty to give Audience to the whole House of Peers But the King returned Answer that his Resolution was to hear no motion for that purpose but He would Dissolve the Parliament and he was then as good as his Word for he immediately Dissolved them by Commission under the great Seal Dated at Westminster June 15.2 R. R. Car. 1. 1626. To that purpose And withall Publishes a Declaration in Print concerning the Grounds and Causes which moved his Majesty to Dissolve this as also the former Parliament Dated June 13. 2 Car. 1. two dayes before the Date of the Commission Tant It was the readyer against the time of using it Coleman was as provident Tory. Right And also a Proclamation was published against the said Remonstrance of the Commons commanding all Persons of what Quality soever who have or shall have hereafter any Copyes or Notes of the said Remonstrance forthwith to Burn the same that the Memory thereof might be utterly abolished upon Pain of his Majesties Indignation and high Displeasure Tant Then the Tide did run very high Tory. The King also Published another Proclamation against Preaching or Disputing the Arminian Controversies Pro or Con but the effects of that Proclamation how equally soever intended became the stopping of the Puritan's Mouths and an uncontroul'd Liberty to the Tongues and Pens of the thriving Divinity-men the rising side Mountagues Party And though the Parliament was Dissolv'd so that the Duke of Buckingham for that nearly-reflecting Article the last against him which the King in Honour and by the Bonds of natural Affection and Piety to the Memory of his Deceased Father thought himself obliged to Call him to a publick account for so Daring an Insolence in applying a Plaister to the Kings breast against his Will and without the Advice and contrary to the Opinion of the Sworn Physitians of King James who attributed the Cause of his trouble unto the said Plaâ—â—â—â—â— and a Drink that Buckingham gave him as was Alledged in the Thirteenth Article of the Dukes Impeachment and the said Drink twice given to the King by Buckingham's own Hands and a third time refused by the King who felt great Impairment of his Life and Health complaining of the Drink that the Duke gave him His Physitians telling him to Please him and Comfort him that His second Impairment was from cold taken or some other ordinary Cause No no said his Majesty It is that which I had from Buckingham as more at large much aggravated and insisted upon by Mr. Wandesford who managed the Thirteenth Article of the Impeachment against Buckingham Tant But what
wrong by Law or without Law by or without the Magistrate Tant The Article you mention sayes it is lawful to wear Weapons and serve in the Wars at the Command of the Magistrate Whigg Right I say no other the other resisting without the Magistrate is onely in a Christians own Defence the dictates of the Law of God the Law of Nature the Law of Wisdom reason and Prudence the Law that Worms and all Creatures have of Self-preservation he 's accessary to his own Death and felo de se that resists not a Murtherer or a Robber Tant Ay but suppose the Magistrate take your Goods violently against Law Whigg That also is impossible for as he is a Magistrate he acts by Law and cannot possibly Act as a Magistrate but by having the Law on his side if he has not the Law to Vouch him he Acts not like a Magistrate but as a Robber but this must be certain clear and evident otherwise Resistance is a Sin Tant This is right Whiggish Principles and Whiggish Doctrines and Whiggish Practices Whigg This is the old English Practice and the dictates of right Reason and the Law Tant Where did you learn these Doctrines Whigg I cannot well tell where first I had them for they are connate and coeval with the reason of every Wise man and Good man but I think I first had them in Print out of a Sermon Preach't by one of the Kings Chaplains in Ordinary William Haywood D. D. Preacht before his Majesty at Newport in the Isle of Wight during the time of the Treaty there for Peace betwixt the King Charles 1. and the Parliament upon a suitable Text Rom. 12.18 If it be possible as much as lyeth in you live peaceably with all men Where excellently and suitably he Discourses of the first words of the Text I 'le repeat onely his own words in Print in descant upon the words If it be possible namely He sayes A form of Speech this is which implieth often Difficulties in the business and sometimes Impossibility difficult where the Parties to be reconciled are froward and self-willed Enemies to Peace in Davids language Impossibility where no Agreement will be had without loss of a good Conscience Where Gods Honour or the administration of Justice or the discharge of our calling lieth at stake so that we cannot have Peace with men unless we be irreligious unjust or unfaithful In the former case where Peace is only difficult that should stir up our dilgence the rather endeavour with so much the more Patience and unwearied Industry to overcome the frowardness of those we have to deal with and where so precious a Jewel as Peace is to be compassed with expence of our labour or our substance there spare for no cost or pains But where it is impossible to a Servant of God where nothing will do it but the sale of a good Conscience there rouse up our courage and prefer not outward Peace before inward mens contentment or our own temporal commodity or safety before Gods Honour our Souls quiet and the publick good But it will here be demanded How we may know when Peace is possible when not Six cases are mentioned by some Divines ye may referr them to the three heads aforenamed of Religion Justice and Faithfulness in our calling Of Religion first God himself in case his publick Worship be indangered enjoyns us flatly to break the Peace If thy Brother the son of thy Mother or thy Son or thy Daughter or the Wife of thy bosom or thy friend which is as thine own Soul entice thee secretly saying Let us go and Serve other Gods which thou shalt not know c. Thou shalt not consent unto him nor hearken unto him neither shall thine eye pitty him Thou shalt not spare nor conceal him but thou shalt surely kill him thy hand shall be first upon him and afterward the hand of all the People Deut. 13.6 Thus ye are to understand it in case of Temptation to manifest Idolatry and Popery is clearly prov'd to be Idolatry Blasphemy Heresie or Apostacy from the true Faith and Worship of God we can have no Peace nay we can have no Mercy we are not allowed to spare and conceal the party so tempting us but deliver him up to just Punishment be he never so near or dear to us Secondly where our selves are Persecuted for Religion or Vertue or Obedience to Gods Law in any kind and there is no way of satisfying our Persecutors or delivering our selves from trouble but by denying our Faith yielding up our Vertue or violating our Obedience to Gods Commandments In these two cases the one offensive the other defensive for preservation of our Religion and our Duty to God no Peace possible Two other cases follow which belong to Justice One where we are passive or those who are one with us and we are violently assaulted contrary to Law and Equity We may then break the Peace for our own Preservation in defending our selves so we do it Cum moderamine inculpatae tutelae go not beyond what is needful to our honest defence or theirs who depend on us as our Wives Children or Family The like holds when we are violently handled because we will not joyn with others in breaking Peace and trampling down Justice Cast in thy lot among us We will find all precious substance and fill our Houses with spoil Prov. 1.13 Thus where in defence of Justice to our selves and our own private being Innocent and against wrongful Authority our Lot is to be passive Another case may fall out wherein it becomes us to be active though our selves in our particular Interest suffer not and that is where we see our innocent neighbours wrongfully abused and distressed to extremity by lawless hands we may there rise up in rescue of oppressed Innocence and do as much in our neighbours case as we would wish done in our own Thus Lot resisted the Sodomites in behalf of the Angels whom they Invaded with violence And Moses succoured the Israelite striving with the Egyptian Exod. 2.12 And thus every good man armed with wealth and power may and ought to stand up in defence of the poor Widow and fatherless against their tyrannous oppressors Nor are they breakers of the Peace in so doing but these cruel grinders of the Poor whom they resist Now Tantivee what think you of your Doctrine that Christians may use no other Weapons but Prayers and Tears and what your Design may be in Preaching up and every Sunday inculcating such Crambee Doctrine at this Juncture I do not know it looks like a Set-business What think you of Dalilah's Policy the crafty Whore was Brib'd to Betray Sampson but the Philistines durst not set upon him 'till he was Bound for they had woful Experience of his Whiggish Valour therefore they hire the Hireling to Bind him first that they might securely Spoil him a very crafty Piece of Politicks Tant Ay and if all you Whiggs
in these words Le Roy Alfred ordcigna pur usage perpetuel que a deur foits per lan on plus sovene pur mistier in temps de Peace le Assembler a Londres put Parliementer surle guidement del People de dieu coment gents soy garderent de Pegers viverent in quiet receiverent droit per certain usages Saints Judgments King Alfred Ordaineth for an usage Perpetual that Twice a Year or oftner if need be in time of Peace they shall Assemble themselves at London to Treat in Parliament of the Government mark that of the People of God how they should keep themselves from Offences should live in quiet and should receive right by certain Laws and Holy Judgments Tory. Right for Standing Privy Councels or long Standing Parliaments may be Pentioners to Foraign States may give Councel for their own ends but a frequent Parliament is uncapable of being Brib'd and most improbable to give any Advice against the Common-weal Common-benefit of King and People Tant In Troth I am at a loss to find out a Reason why any should Address and be Thankful for Dissolving a Parliament Whig And yet your Hand was one of the first to an Address of like nature Heark you you know when and where Tant No more of that I am of another mind now But what says the Lord Coke the Laws Oracle and Apollo concerning the said Statute of King Alfred Whig He saith that the threefold end of this Great and Honourable Assembly of Estates is there declared First That the Subjects might be kept from offending that is that Offences might be prevented both by good and provident Laws and by the due Execution thereof Secondly That men might live safely and in quiet Thirdly That all men might receive Justice by certain Laws and Holy Judgments that is to the end that Justice might be the better Administred that Questions and Defects of Law might by the High-Court of Parliament be planed reduced to certainty and adjudged c. In short Si vetustatem spectes est anquessima si dignitatem est Honoratissima si Jurisdictionem est capacissima If you regard Antiquity the Parliament is the most Ancient Court if Dignity the most Honourable if Jurisdiction the most Soveraign and is a part of the frame of the Common-Law which is called usually Leges Anglicae Tant I thought the Parliament had beginning only since Magna Charta in the Reign of Hen. 3. which is not so very Ancient Whig Some of your Tantivees have said so and writ so but it is your ignorance or worse King Hen. 1. Surnamed Beauclark writ to Pope Pascal saying Notum habeat Sanctitas vestra quod me vivente auxiliante Deo Dignitates usus Regninostri Angliae non imminentur siego quod absit in tanto me dejectione ponerem optimates mei totus Angliae populus id nullo modo pateretur Your Holiness may please to understand that as long as I live by the help of God the Dignities and Customs of our Realm of England shall never be impared or diminished to which if I should which God forbid be so high-base as poorly to condescend my Lords and Commons of England would by no means permit the same Judge then how dangerous it is to change the Ancient Customs and usages of the Common Law much less the greatest and most useful of all the rest frequent and uninterrupted Sessions of Parliament without which the Liberties and Franchises have been and may be taken away remedilesly By the Canon Law Children born before Marriage Solemnized were Legitimate if Matrimony afterwards followed which is contrary to our Common Law This was William the Conqueror's Case who is said to be the Son of a Arlot so notorious that all Whores are since called Harlots for her sake yet William of Malmesbury says that Robert Duke of Normandy his reputed Father did after William was Born Marry his Mother Arlot which did Legitimate William by the Canon Law but it reaches not England For in the like Case when the Bishops would have ruled it according to the Papal Decree Omnes Comites Barones una voce respondement quod nolunt leges Anglicae mutare All the rest of the Lords Earls and Barons with one voice cryed out We will not change the Laws of England accounted the wisest Laws in the World but they must be the weakest and most deficient if it be Arbitrary whether Parliaments a Fundamental Constitution may or may not have a Being or only be born to die namely only to be called together that they may be Dissolv'd Therefore even the late Act for holding Parliaments once in three years or oftner if need be made by that Parliament that from the numerous Pentioners therein is commonly but Improperly called for distinction the Pentioners Parliament amongst the many precious Statutes they made take care and provide that Parliaments shall not only be called but sit and be held or else of what use is this Soveraign Remedy if it be not made use of It would be a Mock-Remedy and Mock-Parliament if it only be call'd together to be Dissolv'd This would defeat the very Letter of the Law as well as the true intent meaning and benefit thereof For if a Gracious and good King as King Charles I. is reported to be had such Horrible Oppressions and Violence committed in his Reign as Loanes Ship-money Illegal Seizures of mens Estates Liberties Free-quarter Coat and Conduct-money and False Imprisonment during his Reign contrary to Law as he acknowledged by after Statutes that condemned them If Papists were prefer'd to Offices of great Trust Military and Civil and if his Favorite the Earl of Strafford raised an Army of Papists 8000. and ruled by them committed such Hainous Enormities and Misdeeds that he was not fit to be a Puny Constable and committed such Tyrannies and Cruelties that no Record can parallel And if no remedy was found to these mischiefs but a Parliament and that not suffered to be for 12 long years together Oh Fruitless Remedy of a Parliament Oh dull and Improvident Ancestors That were wise above all the World to make good Laws for securing our Liberties and Properties of which they were Tenacious to the death And yet that the Law that secures these should not be able to secure it self but to grant a Prerogative to make all null and void at pleasure If such mischiefs happened during the Reign of a Gracious King what may not happen in a Reign less Gracious Penelope's Webb which she weav'd all day and undid all again at night might be a Fable but this the moral of it that our Laws which our wise Ancestors had been long contriving to save us from Arbitrary sway should all be unravell'd again and leave us by a Prerogative of which the Law is the Author to meer good will and pleasure Tory. I must needs say that the Law which should be Wise Holy and Good would be