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
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
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
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
offend our Liberties Charters Rights and Properties Thirdly By the said Law the place of Meeting then was London Tant Perhaps Westminster and the Banquetting-house were not then built Tory. Thou happens to be in the right on 't Parson for once Whig Parliaments then being so Ancient no Court so Ancient the Lord Coke having trac'd them from the Brittains Saxons Danes Normans to our days I wonder what Tantivees dares as Sybthorp and Bishop Manwaring c. attempt thus to divide separate and make null and void two of the three Estates of this Realm the Lords and Commons to leave us but one Estate a King in use and de facto whilst the the other two the great and main Body have no Subsistance but de Jure stand useless and for nothing years together and always when there is most need of them too If ever any Head liv'd well without the Body give me but one Instance Tant This makes me think of the Fable when the Head and Hand joyn'd together to pull the Gutts out for quoth the Head I plod for all and we quoth Toryhands and Feet have Fought and Wrought for the Head as it annuated and directed and yet the Whiggish Gutts devour all the good Victuals wherefore it was agreed with joynt-forces to tear the Gutts a pieces little considering that both Hand and Head Live and are Nourish'd and grow Fat and Fresh and well-liking by the assistance of the Trading Part the Whiggish-Gutts to whom we grutch that they have a Being and Subsistance though by them we Live and grow Fat and if we offer to tear them apieces and their Ancient Priviledges Charters and Franchises who knows but it may prove our own Ruine Tory. Here 's a wise Tale of a Tub more fit for a Tub-Preacher than a Tantivee Whig Nay for that there shall be no quarrel for Tantivee at an Idle-Pulpit Metaphor or Far-fetch'd Similitude shall match the best Tub-Preacher of them all whilst Tantivee is Pay'd for some as Idle Stories as poor Tub is Fined and Punish'd for Tory. Some men had better Steal a Horse than others to look over the Hedge You have told us what the Common-Law sayes for Parliaments frequent Parliaments Parliaments that Sit and must be held not Mock-Parliaments made like Penelope's-Web only to be Vnravell'd and Dissolv'd But what says the Statute-Law to this point Whig I have not done yet with my Common-Law Tory. Proceed then but be brief Whig The Ancient Treatise called Modus Tenendi Parliamentum which Lord Coke says was rehearsed and declared before William the Conqueror and by him approved and accordingly he held a Parliament for England as appears 21 Edw. 3. fol. 60. wherein we Read that Petitions being truly prefer'd have been Answered by the Law and Custom of Parliament before the end of Parliament Tant But suppose the King will end it before the Petitions and Grievances be redrest by his Prerogative Whig Parson Thou makes Suppositions most dishonourable to Loyal Majesty and that which is scarce to be suppos'd that ever any Head should not permit any Remedy to be applyed to the Gouty or distempered Hands Gutts and Feet For if the Hands be Lame how will the Politick-Head help it self Or if the Gutts be empty or Gutifounder'd how will Head feed its self And if the Feet be Lame and the Heart faint the Head will make Wise-Fighting I believe when it comes too Therefore I cannot imagine a Head to be so Senseless except the Brains be out that should have such an Vnnatural Cruel Stupid and foolish project in the Nodle of it as neither to help the oppressed Gutts and Hands or Feet nor yet permit the Charity and good will of others that are both willing and able to Ease Remedy and Redress the Griefs and Grievances of the Body and all this without a Fee Tant If you apply this to Parliament Redressing Grievances without a Fee you do not mean a Pentioners Parliament I hope Tory. No no such Physitians are payed as many others they got Fees to hasten us the sooner to our Graves Whig But the True-English-Parliament can never be a Long-Parliament nor can the Intervals of Parliament be long nor yet the Sessions of Parliament can be short For Modus Tenendi saith That the Parliament ought not to be ended while any Petition dependeth Vndiscussed and so say the Statutes too as I 'le shew anon irrefragably Or at least to which a determinate Answer is not made Rot. Par. 17 Ed. 3. No. 60.25 Ed. 3. No. 60.50 Ed. 3. No. 212. 2 Rich. 2.134 2 Rich. 2. No. 38. 1 Hen. 4.132 2 Hen. 4. No. 325. and 113. And that one of the Principal ends of calling Parliaments is for Redressing of Grievances that dayly happen of which the King cannot possibly be inform'd so truly as by Parliaments that Parler le ments speak their minds freely without Glozing and Flattery for Kings seldom hear Truth but in Parliament that it is one of the greatest wonders in the World that Kings of all others should not most of all desire frequent Parliamens wherein of all other places he sits in most Majesty and King-like as Gloriously as Powerfully but those Kings that have been Enemies to Parliaments and to frequent Parliaments have been at poor as ever they could creep for go they could not in State and King-like but were glad to make Poor and Beggarly and Illegal Shifts and all to preserve a company of Sneaking Sycophants that care not how Bare and Beggarly the King's Exchequer be so they may but live impune to pull him more bare and bald when there 's scarce a Hair left knowing that they must be Fleec'd too if a Parliament Sir and also must disgorge the ill gotten Goods they have Gourmandiz'd so Greedily and Illegally swallowed up and they are afraid they shall be choak'd when they are forc'd by the Wise Physitians to Spue it up Tory. But if frequent Parliaments to fit so long till all Petitions be Answered and Grievances be Redress'd be secured by Common-Law and Statute-Law How came King Charles I. in open Parliament more than in one Parliament in a kind of Threatning way to tell the Parliaments and bid them remember that the Calling Adjourning Prorogueing Holding and Dissolving was wholly in his Power Whig So it is in his Power that is he alone can do it as many other Kingly Acts Indicting men for Felony Treason c. It cannot be done but in the Kings Name you cannot Arrest a man for Debt that is owing to you but in the Kings Name But still they are things in Course and directed by the Law Besides when King Charles I. had such Principles whisper'd into his head he was but young he liv'd to be wiser before his latter end and to know the Truth of what his Wise Father had told him and his Parliaments very often That as the Head is ordained for the Body and not the Body for the Head so must a Righteous
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
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
byas't the wrong way does not call it Rebellion nor is the word Rebellion once mentioned in the late Act of Oblivion after the happy Return of his Gracious Majesty But instead of calling it Rebellion which old Hodge would have Eccho'd and Mouth'd twice in each line Sir Richard Baker's note is That while the King was altogether rul'd by Gaveston and Gaveston himself was altogether irregular the Common-wealth could have but little of Justice but was sure to Suffer as long as Gaveston was Suffered and this may be sufficient to Justifie mark that the Lords that it be not Interpreted to be Rebellion which was indeed but Providence After that the two Spencers were the new Minions that trod in the very steps of Gaveston and Seduc't the easie King Pimps to his Lust for these onely were his Favourites whereupon the People rise as one man with the Earls of Hereford and Lancaster who confederating by a solemn League and Covenant to live and dye together in maintaining the Right of the Kingdom and to procure the Banishment of the two Spencers the great Seducers of the King and the Oppressors of the State and under this pretence they take Arms and coming armed to St. Albans they send to the King then at London requiring him as he lov'd the quiet of the Realm to rid his Court of those two Traitors the Spencers Condemn'd in many Articles of High Treason by the Common-wealth mark that of the Land and withall to grant his Letters Patents of Pardon and Indemnity both to them and such as took part with them Tory. By that desire of Indemnity they tacitly acknowledg Guilt Whigg Yes against the Letter of the Law in strict construction and a Judge and Jury of your Principles Tory it is not safe trusting you when necessity had forc't them to Courses that otherwise were Illegal which yet the Historian calls Providence not Rebellion Tant But did the King Pardon them Whigg Pardon them No I trow that had been too wise an Action for such a weak Prince as was that ill-advis'd King Tant But prythee what Answer did the King give to the bold Covenanters Whigg He Swore he should never Violate the Oath made at his Coronation by granting Letters of Pardon to such notorious Offenders who Contemn'd his Person Disturb'd the Kingdom and Violated the Royal Majesty Tant Well said and how did this Answer work upon the armed Confederates Whigg It exasperated them and presently they March't to London the Citizens being their sure Friends and lodged in the Suburbs 'till they had leive of the King to march into the City where they again more peremptorily urge their demands Tant And what did the King then why did he not Hang them all at Tyburn Whigg He could not find Hangmen that would undertake so great a work besides to Hang them all would be a tedious long work and long a doing Tant What did all People hate him and forsake him Whigg No they all lov'd him so universally and wisht him so well that they also desired he might be quit of his two Diseases the two Spencers that made the Head ake and the whole Body sick and ill at ease and so at last he yields to their Banishment But this Kings Goodness and Truth went and came like Ague-fits by Paroxismes and intermissions no trust in his Word and Promises for he Consents to their Banishment onely to hush the present Commotion Hugh Spencer the Father was then beyond Sea and kept himself there but young Spencer lurk't here and there hiding himself in England expecting the turn of a better Season which soon came about for Fortunes-wheel to the Comfort of the Afflicted and terrour of the Prosperous never stands still but is alwayes in Motion and upon the Turn as in this Kings Reign was frequently demonstrated for the next year Anno 1322. the King defeated the Lords and Beheaded his Unkle the Earl of Lancaster and four years after the Parliament Deposed King Edward or rather forc't him to Depose himself and Invest his Son which if he refused they threatned to Chuse a King of another Race and he was Killed soon after by his Keepers Gourney and Matrevers Tarleton Bishop of Hereford writing to them to that effect in doubtful sence viz. Edvardum occidere nolite timere bonum est but they guess'd at his meaning for that Bishop Adam Tarleton had a little before at Oxford Preach't before the Queen and Roger Mortimer her bosom friend on this Text Caput meum doleo My Head aketh whence he inferred that the Kingdom being now deadly sick of its Head it was fit to remove that Head and put a sounder in his place this was the Loyalty of your Bishop when Interest c. Tant How did the Queen approve that Doctrine Whigg She did not dislike it to be sure but her Minion Roger like't it well enough as appeared afterwards Tant It was an Impudent Whores-trick of her first to make the King a Cuckold preferring the Love of Mortimer and then to Vnking him by Deprivation and then to Vnman him by Murthering him Whigg She did not own the Murtherers that did the Deed. Tant But she did not punish the wicked Bishop that Preach't up the King-killing Doctrine and who did give the Murderers also Commission to do it Whigg No he was her chief Favourite-Bishop and fit for her turn but such was the general Hatred to King Edward 2. that he dyed Vnlamented though perhaps not unpittyed he had so disoblig'd his People by espousing two or three unfortunate Minions and their dependants before and above his peoples welfare that ought to have been his chiefest Care Tant I protest though 't is hard measure first to be made a Cuckold and then by the same Engineers to be Depriv'd and then Kill'd this is worse than what befell the Earl of Essex General of the Parliaments-Forces in 41. First the Duke of Som made him a Cuckold then He and she disparage her Husbands virility then for that reason gets her Divorc't from him as not man sufficient And Lastly to make the Church Father all the escapes he Legitimates them by making her an honest woman and Marrying her Tory. Not Man sufficient sayst thou Parson why what one man is sufficient for a Whore if the Church admit that for a sufficient Plea for Divorce they 'l have as many Customers for that as they have for Licenses for Marriage Tant The better trading for us we are men that know our Interest and Advantage as well as carnal men Tory. Ay Ay who doubts it but say Mr. Whigg did the Earl of Essex put up this affront Whigg No I told you he was the man that first headed the Parliaments forces that afterwards took more than sufficient Vengeance on the Church and all that sided or bandyed with her Manet aliâ mente repostum Evil Actions carry their furies along with them Vengeance attends them For the said Kings unfaithfulness to his
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
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
obligation of his Coronation Oath and Magna Charta Tant But did the Pope absolve him and let him loose and free from his Oath and the Laws Tory. Yes he did for the Pope was a Native of Burdeaux Born in King Edward's Domnions but yet he would not acquit him of his Oath and Obligation to his Subjects and his own Conscience 'till the King sent his Holiship all manner of Vessels belonging to a Chamber made of pure Gold and then the Pope untied the King from the Covenant made with his Subjects concerning their Charters Confirmed unto them by his last three Acts of Parliament Tant Has the Pope power to do these things Whigg Yes Fools think so and Knaves would perswade others to think so the King and the Pope got by it but the poor English Subjects paid for all Tant But did not the King pay part of the Reckoning Whigg No doubt on 't King Edward 1. made a shift with much Bickering to rub through and come to his Grave in Peace dying on his fair Death but his Son Edw. 2. that followed his Fathers steps when he could or durst had not the Wit or else not the Luck to manage the Feat so well poor Rehoboam for he was Deposed by the Parliament or rather was perswaded to Depose himself lest his Son also should be Excluded from the Crown for so they threatned and to make a King of another Race Thus he lost his Kingdom no Blow struck no Battel Fought done forcibly and yet without force violently and yet with Consent Tant Then surely he had first lost the Hearts of his People Whigg You may be assured of it for at first his Subjects refused to suffer him to be Crowned unless he would remove Gaveston from the Court and Kingdom which dampt King Edward's Spirit especially many of his great Friends being then at Court witnesses of his Disgrace as Charles of Valois the Queens Unkle and Brother to her Father Philip the Fair the French King the Dukes of Brittain and Brabant the Count of Luxemburg who was afterwards Emperour the Duke of Savoy the Dutchesses of Brabant and Artois with many other Princes and great Ladies so that the King solemnly Swore he would do what they desired in the next Parliament so they would be quiet now and thereupon the Coronation went on Tant Could not so many Forreign Princes and so powerful Encourage the King to repel with force his Subjects Insolence Whigg Insolence Oh Brave Tantivee What would have become of thee if thou hadst liv'd in these dayes to have an answer in Parliament for your Tantivee-principles so Discrepant from and Inconsistent with our English-frame Constitution and Fundamental Laws Tant Why were Parliaments so Malapert in those dayes Whigg Malapert Hey day what again in your Tantivee-strain you have got the Language of some late Addressers that take upon them to Judge the highest Court and Council of the Kingdom the Parliament Tant In your Opinion you mean the Highest Council Whigg Dare you say to the contrary whatever you think Tant I durst if I were sure never to live to see another Parliament Whigg Ay thou art a good one but the Parliament as soon as they met drew Articles of their Grievances which though seeming Harsh to the King yet for avoiding further Inconvenience he yielded unto them Tant Inconvenience What Inconvenience they were Subjects and Christians in those dayes and had no weapons but prayers and tears which can bring no great Inconvenience if a man resolve to be hard-hearted Whig No thou I believe art Prayer-proof but King Edward 2. remembred well that in his stout Fathers time the Parliament met at London Octob. 10. Non tamen nudi not naked and unarm'd but immò cum quingentis equis armatis multitudine magnâ peditum Electorum with five hundred Horse and a vast number of choice Foot Induxerunt etiam cives Londoniarum ut pro recuperandis libertatibus secum starent The Citizens of London were brought to stand up with them for the recovery of their Charters and Liberties Comitibus itaque Baronibus pariter conglobatis confederatis necnon majoritate populi eis inclinante several Lords and Barons confederating and leaguing solemnly together with the majority of the common-people Inclining to their side Tant What against the King Whig No for the Ling against evil Councellors that seduc'd the King against his Oath his Conscience Religion and Law And the Historian Hen. Knighton gives the reason of this general Confederacy quia communem profectum utilitatem amplectebatur communes diligebant eos fortiter because the Conlederates or Covenanters stood for the common benefit and common-weal and the Laws therefore the People lov'd them mightily and voluntarily accompanyed their Parliament-men to London with horse and Arms at their own charge Nay 't is a wonder that any man that had an English heart in his Belly could be a fawning Spaniel-like Tantivee some French Bastard sure Tant But what said the King to his armed Parliamentarians Whig Said he did instead of saying any thing his duty and confirmed their Charters and Liberties so often confirmed and so often wickedly and illegally broken and encroach't upon but King Edward 1. was loath to confirm their Charters except with this clause salvo Jure Coronae nostrae saving the Rights of our Crown But the People would not by any means admit that saving and Exception so that the King confirm'd them as formerly as K. Charles 1. after a long Tugg in the House of Lords consented to the Petition of Right without the saving or leaving intire that Sovereign power wherewith c. Whereupon sayes Mr. Noy To adde a saving is not safe And sayes Mr. Alford Let us look into the Records and see what they are what is Sovereign power Bodin saith That is free from any condition by this we shall acknowledge a Regal as well as a Legal Power let us give that to the King that the Law gives him and no more Tory. There spoke a Whigg Whigg True so Mr. Pym added I know how to adde Sovereign to his Person but not to his Power Also We cannot leave to him a sovereign power Also We never were possessed of it Tory. Our King God bless him does not pretend to absolute and arbitrary Power Whig Sovereign power cannot be invested in any thing that is not Omnipotent And the great Oracle of the Law added that the saving or leaving intire the sovereign Power c. will overthrow all our Petition of Right It trenches to all the Parts of it It flyes at Loans and at the Oath and at Imprisonment and Billeting of Souldiers This turns all about again I know that Prerogative is part of the Law but Sovereign Power is no Parliamentary word In my opinion it weakens Magna Charta and all our Statutes for they are absolute without any saving of Sovereign Power take we heed what we yield unto
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
for there he was Stabb'd by Lieutenant Felton Whigg Upon what Provocation Tory. I 'le tell you anon as for the Loans the King Promis'd that this way should not be made a President for the time to come to charge them or their Posterity to the Prejudice of their Just and Ancient Liberties enjoyed under his most Noble Progenitors and Promising them In the Word of a Prince to repay such Summes Tant That is to be understood when he has the Money to repay Whigg Yes but that time never yet came Tant I am not for this kind of Lending whether I will or no and without being able to sue for or recover neither by fair means nor foul neither Principal nor Interest I 'le Swear Whigg Nay Do not Swear I 'le believe the Parson without Searing for Men of thy Coat and Tantivee-principle seldom put out Money to Interest or Use except to the Ale-house or Tavern to wipe out the Chalk and clear old Scores and then run fresh upon Tick again what needs thou to care for the Liberties and Charters of an English-man thou hast no Inheritance to lose nor will thy Heirs fall out or quarrel about the Land thou leavest them thou wilt take a Course for that and make thine own Hands and Guts thy Executors Tory. To the Imposition of Loans was added the Burthen of Billeting of Souldiers return'd from that unsuccesseful and dishonourable Voyage from Cadiz and Moneys to discharge their quarters were for the present to be levyed upon the Countrey to be repay'd out of Summes Collected upon the General Loan Tant Yes when they could catch it Tory. The Companies were scattered here and there all the Kingdom over but that did not much affright men out of their Purses though many Felonies Robberies Rapes and Murders were Committed by the Souldiers and Mariners but they were governed by Martial-law and some were Executed but they Mastered the People disturbed the Peace of Families committed frequent Rapes Burglaries and Robberies Murthers and Barbarous Cruelties which made a general Outcry and Lamentation wherever they came but the Lord Chief Justice Sir Randolph Crew lost his Place for not favouring the Loan and in his room succeeded a right Cavalier Sir Nicholas Hide who yet for his Abilities and Skill in Law might without blushing climb up to the Bench but he could not without great disgust and general Prejudice succeed a man so universally belov'd as was Sir Randolph Crew To advance this Loan one Sibthorp had contriv'd a Tantivee-Sermon Preached by him at Northampton at Lent Assiizes upon Rom. 13.7 called Apostolical Obedience and by all means the Divinity must be in Print or else you 'l say how could it have reacht the Ears of Bishop Laud or made room for Preferment And Archbishop Abbot must License it under his own Hand or take what followes Tant Why sure he would not lose his Archbishoprick for want of Subscribing his Name Tory. He refused to do it though the Court prest him earnestly to do it and his Archbishoprick was Sequestred soon after Whigg Some said it was Bishop Lauds Policy to pick a Quarrel with him if he refused to obey the Kings Commands or expose him to the Indignation of a Parliament if he dared to License such Tantivee-Stuff and illegal and wicked Positions some called them Traiterous Positions he affirmed that the Prince who is the Head and makes his Court and Council it is his Duty to direct and make Laws Eccles 8.3 4. He doth whatsoever pleases him where the word of the the King is there is power and who may say unto him What dost thou And If Princes Command any thing which Subjects may not Perform because 't is against the Laws of God or of Nature or Impossible yet Subjects are bound to undergoe the Punishment without either resisting or railing or reviling and so to yield a Passive Obedience where they cannot exhibit an active one I know no other Case but one of these three wherein a Subject may excuse himself with Passive Obedience but in all other he is bound to Active Obedience sayes Sybthorp Tory. He had forgot the Laws of this Land which all Kings are bound and Sworn to obey for the municipal Laws are not immediately any of those three and Doctor Manwaring he fisht for Preferment with two Sermons to Drill in the Loan though against Law as the King confest in after Statutes as also the Ship-writs Condemn'd by the King 16 Car. 1.14 But those Court-Sermons did Mischief awhile though in Conclusion the Court-Parasites smarted for their sawcy rashness and falshood Manwaring asserting that the King is not bound to observe the Laws of the Realm concerning the Subjects Rights and Liberties Whigg This is just like the Popes Pardon and Absolving King Edward of and from the Obligation of his Coronation-Oath Vows and Promises Tory. Manwaring also asserted that those who refused to pay the Loan Offended against the Law of God Tant Did he find that in the Bible Tory. And that the Authority of Parliament is not necessary for the raising of Aids and Subsidies Whigg 'T is a wonder to me that the Parliament let him escape after this what sets a Kingdom in a flame but these Incendiaries that do not or will not know the Constitution of this Kingdom and Common-wealth An equal Bridle to curb Tyranny and Arbitrary Sway on the one hand and Anarchy and Confusion on the other Tory. Ay our Laws are good enough none better Whigg Then what Traytors and Villains are they that dare debauch the fundamental Constitutions and Laws Tory. It was the way to Preferment Whigg The way to the Gallowes was it not better a hundred thousand such Sycophants were Hang'd than a good King and his Laws Betray'd and the Kingdom Involv'd in blood through their sly Tantivee-leasings and Insinuations Tory. Bishop Laud was the Man and all in all with the King all Preferments in Church and State he annuated or He and Buckingham though they so mischeivously to the King and State countenanc't the Loan so contrary to the grants of the great Charter and the Subjects Liberties and Properties which the King was bound by Oath and Duty to Preserve and Observe and was ready to do it of his own Benignity and Goodness but those Court-Parasites ruin'd all at length and themselves too Popery and Arbitrary Sway are Twins alwayes coupled the Queen had great Influence upon the Favourites either to make or marre them and they knew it as well and the Jesuits had too much Influence over her what by fair means what by foul but the King was angry when he heard they made her for Penance walk bare-foot to Tyburn Whigg The Jesuits Ay they are pretty Creatures for Princes to be Slaves unto and to become their Vassals and Instruments they have got the two Reyns into their own hands that guide the silly World namely Hope and Fear whom the hopes of Heaven cannot allure to their purposes the
they think if it were overheard all hopes of further Preferment is almost defunct as if Roman was a needless Epithite and as if none were Catholicks in the World but only that barbarous and bloody Sect because like the Devil in the Possessed their Name is Legion for that they are many and numerous more is the pity yet blessed be God if you go to tell Noses in Europe or all the World over Protestants are the major part as well as the better part though you throw to the Papists side all our Tantivees into the bargain Come come Rome loses ground every day let the Pope the Jesuits and the Devil do what they can in Combination I told you they have got but one Main-pillar and that is crazy and rotten almost as great a blunder as they keep Tant Why do you think we shall not carry all before us Whigg Yes you will some of you at least be advanc't as high as Haman if the learned Mr. Selden Prophecyed true for when Doctor Worral Chaplain to the Bishop of London Licensed Sybthorp's said Sermon he scratch't his Name out and suffered not so much as any Sign of the Letters of his Name to remain on the Paper by advice of Mr. Selden to whose better Judgment and for further advice he sent Sybthorp's Pamphlet call'd a Sermon after he had Licens'd it but Mr. Selden said to him What have you done you have allowed a strange Book yonder which if it be true there is no Meum or Tuum no man in England hath any thing of his own if ever the Tyde turn as it did with a Vengeance to the Toryes and Tantivees you will be Hang'd for Publishing such a Book But what the Chaplain upon second thoughts would not do his Master the Bishop of London did Licensing the same with his own hand the good man being not willing that any thing should stick with him that came recommended from the Court. Tant From the Court or Queen what skills it I commend him the same Bishop also Licensed a Book called The Seven Sacraments with all its Errors made by Doctor Cosens Bishop Laud's Confident and yet neither he nor any of them did ever declare themselves to be Papists openly Whigg No no I know it they were the wiser neither did Mountague whom they all upheld and advanc'd and yet he made the Church of England a Schismatick if the Church of Rome be a true Church and alwayes kept the Faith as Mountague asserts and the said Bishops did abett him and Preferr'd him and so did the D. of Buckingham magnifying him as a well Deserving man and when the King Charles 1. was Marryed to his Queen a Daughter of France Letters were sent to the High Commission-Court and other Courts to suspend and take off all Execution of the Laws against Papists then by Proclamation upon the Parliaments Remonstrance a quite contrary Command was published under the broad Seal of England and after the Parliament was Dissolved then all the Popish-Priests fourteen or fifteen at a time are set at Liberty again such great variation of the Compass was found in the same Climat and Longitude sometimes the Laws being put in Execution at a force-put and then again slackning the Reins and following natural inclination Tant What Opinion had Archbishop Abbot of those times and those Transactions Whigg When the allowance of Sybthorp's Pamphlet was put upon him he said He had some reason out of the grounds of that Sermon that the Duke had a Purpose to turn upside down the Laws and the whole Fundamental Courses and Liberties of the Subject and to leave us not under the Statutes and Customs which our Progenitors enjoyed but to the pleasure of Princes Tant That is brave it is al-a-mode d' France but when the Duke was Stabb'd did the same Arbitrary Courses go on Whigg Yes Loans and Monopolies Privy Seals and such Projects were continued and some say the Earl of Strafford begun to assess Souldiers upon the People that would not pay his Arbitrary demands in Ireland chiefly to make way the better for the like Project other-where yet he was a wise man and a right Englishman once 'till he became infected afterwards with Ambition and Court the fate and occasion of the Ruine of Bishop Laud as well as of him and of one more of more worth than both of them Besides Said the Archbishop Abbot Now it came in my heart that I was present at the Kings Coronation where many things on the Princes part were solemnly Promised which being observed would keep all in order and the King should have a loving and gracious People and the Commons a kind and gracious King But I am loth to plunge my self over head and ears in these difficulties the Loans c. that I can neither live with quietness of Conscience nor depart out of the World with good Fame and Estimation And perhaps my Soveraign if he looked well into this Paradox would of all the World hate me because one of my Profession Age and Calling would deceive him and with base Flattery swerve from the Truth Tant Then you think that the Kings Minions Buckingham Laud and Strafford were the Kings greatest Enemies and that of all the World he had most Cause to hate them Whigg No doubt on 't if their Councels came out of their own Heads or was not rather Instill'd and put into their Heads by I know who Tory. Oh! I apprehend you Whigg But whether it be the Devil or man that possesseth men with evil the Sinners that received the Temptation the Baits of Ambition and Avarice as they are Instruments of wonderful Mischief and Blood ought to pay dear for their Sycophantry Tant Pay dear do you say Strafford and Laud lost their Heads on Tower-hill and Buckingham was Stabb'd at Portsmouth by Felton you said But you did not tell me what mov'd him to this bloody Fact Whigg Felton neither fled for it nor denyed the Deed but said he Killed him for the Cause of God and his Countrey and when it was replyed that the Surgeons said there might be hopes of his Life Felton answered and said It is impossible I had the force of forty men assisted by him that guarded my Hand that he did not kill him for any private Interest whatsoever that the late Remonstrance of Parliament published the Duke so odious that he appeared to him deserving Death which no Justice durst Execute Tant But we say seldom comes a better Whigg Nay there was not much to choose for the same Councils were still carryed on so that the Duke was not look't upon as the Original but rather an Instrument to execute Perplext Counsels and when he was Kill'd there wanted not others that would venture in his room though all History tells us those little by-wayes and illegal wayes prove as fatal now a-dayes as of old in the dayes of Gaveston and the two Spencers Suffolk c. There was a Paper found tack't
in the Crown of Mr. Felton's Hat which was to show that his Conscience was satisfyed in the Fact and that he was therewith well pleased lest he had been presently hewed in Pieces without Opportunity to tell the World so much but by the Pious endeavours of some men he was brought to some Remorse and to acknowledge the Fact damnable without Gods great Mercy but denyed that the Puritans or any other set him on or knew of his Purpose but Bishop Laud told him if he would not Confess who set him on that he must go to the Rack he replyed he knew not whom he might Accuse perhaps Bishop Laud or any other in that Torture and the Judges agreed that by Law he could not be Rack't nor Tortured but Felton proffer'd his Hand to be cut off which the King desired might be done but the Judges said it could not be by Law but after he was dead he was Hang'd in Chains Tant But who got the Duke's Place Whigg Places you should say for many were enrich't by this single Wrack yet after the Duke's Death the King seem'd to take none into favour so much as Doctor Land then Bishop of London and Sequestrator of the Profits of the Archbishoprick of Canterbury for Dr. Abbot was civilly dead and four years after he really dyes to the desir'd Advancement of Dr. Laud to that Archbishoprick having long waited for the happy hour before it came Tant But was Tunnage and Poundage continued without Authority of Parliament Whigg Yes and Mr. Chambers his Goods to the value of 5000 l was seized for a pretended Duty of 200 l Custom the like Seizure on the Goods of Mr. Vassall Mr. Rolls and many others and the Attorney General exhibited an Information against Mr. Samuel Vassal seting forth that King James did by his Letters Pattents command the taking the said Customs and that his Majesty Charles 1. by the advice of the Privy Councel did declare his will and pleasure for the said Subsidies Customs c. until it might receive a settling by Parliament Tant What did Mr. Vassal Plead to this Whigg He Pleaded Magna Charta and the Statute De Tallageo non Concedendo c. to which Plea the Attorney General Demurred in Law and the Barous of the Exchequer did absolutely deny to hear Mr. Vassals Council to argue for him Tant That was brave upon our side Whigg And yet the King in his Speech to both Houses in the Banqueting-house confess 't he did not challenge Tunnage and Poundage as of right Tant If not of right how then Whigg De bene esse and of necessity because he could not want it nor stay till the Par 〈…〉 ent was minded to give it him Tant That is a mighty pretty reason in justification when 12 years together he call'd no Parliament Whigg And soon after the King sent a Message to the House of Commons speedily to take Tunnage and Poundage into consideration Tant And how did the Commons like that Message Whigg They were disgusted that the Bill should be Imposed upon them which ought naturally to arise from themselves impowering a Committee to examine the violation of Liberty and Property since the last Session of Parliament and then resolv'd in the next place to proceed in matters of Religion and particularly against the Sect of Arminians And sayes Mr. Pym two Diseases there be Mr. Speaker the one Old the other New the old Popery the new Arminianism Concerning Popery three things to be enquired 1. The Cessation of the Execution of the Laws against Papists 2. How the Papists have been employed and countenanced in great places of trust 3. The Law violated mark that Parson in bringing of Superstitious Ceremonies amongst us as at Durham by Mr. Cozens Angels Crucifixes Saints Altars Candles on Candlemas-day burnt in the Church after the Popish manner Tant That was only because since the Papists would not meet us we would try how far we can go towards Rome and yet be Church of England men Whigg Ay you Tantivees are subtle fellows in Ecclesiastical Policy nay and likewise in State-Policy your hand is in in every dish there is nothing comes amiss to you you are so equally accomplisht for Heaven and Earth you are clearly of Opinion to have your Church Triumphant here as well as hereafter you have the luck of it in comparison of Christ and his Apostles Tant We are Prudent as Serpents and are commanded so to be Whigg And also like Serpents to lick the Dust and other mens Spittle in Prospect of Advancement And the manners of the Bishops was so notorious to that young Prince of famous Memory King Edw. 6. that in his Diary with his own hand-writing was found this Observation concerning the Bishops of his time namely That some for Sloath some for Age some for Ignorance some for Luxury and some for Popery were unfit for Discipline and Government Tant Come no more of them what became of the Tunnage and Poundage Tory. The Committee in debate inclined that the Merchants have first their Goods restored which were taken from them against Law and against Right and the Proceedings against the Refusers null'd in the Exchequer and Star-Chamber before they would enter upon the Bill for Tunnage For quoth Mr. Noy we cannot safely give unless we be in Possession for it will not be a Gift but a Confirmation neither will I give 'till a removal of these Interruptions Whigg Ay Noy and Sir Thomas Wentworth were right Englishmen but ambitious and the King was advis'd to take them off by Preferment and he did so Noy being made Attorney General and the first Projector of Ship-money but he dyed soon after but his Project did but a little while out-live him and then it was Damn'd by the same King that promoted it in 16 Car. 1.14 and All the Writs called Ship-writs and the Proceedings of the Judges thereupon as utterly against the Law of the Land the Right of Property the Liberty of the Subjects former Resolutions in Parliament and the Petition of Right made but in the third year of that King Tant How should we know the Law if the Judges erre Whigg There is none so blind as they that will not see do not we see how great places make men warp and stand awry like high Steeples that are too lofty to be upright Tant All are not so warpt Whigg No God forbid they should Judge Hatton and Judge Crook escap't the general Contagion and Infection Tant But what became of this same Tunnage and Poundage Whigg The King Dissolv'd the Parliament when they would not give it him but as they list and after that in the Interval of Parliament took it and Imprisoned by Warrants from the Council were Denzil Hollis Esquire Sir Miles Hobert Sir John Eliot Sir Peter Hayman John Selden Esquire William Coriton Walter Long William Stroud and Benjamin Valentine Parliament men Tant And how long lasted that Interval of Parliaments Whigg Above twelve
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
all Kings are called so especially whilst they Live and to their Heads for a King can do no wrong And all men acknowledged that King Charles I. of his own Natural Temper was inclined to Goodness and Mercy and Justice and Righteousness and the keeping of Faith with men and observing his Word fulfilling his Promises and keeping stedfast to Religion and therefore they think that he knew nothing of the matter when Popish-Books or Books in Favour of Popery as Mountagues Book aforesaid and the Authors of such Books and the Books for Arbitrary Government and the Authors of them Sybthorp aud Manwaring were the men and the Books the Tenents Doctrines and Opinions that were prefer'd advanc'd extoll'd cry'd up and Countenanc'd at Court above all other men and Books were really Orthodox and according to Law nay some think the King knew not that Mountague and Manwaring were not only Pardon'd but made Bishops since the Parliament had judg'd them unmeet for their demerits which no man in England durst publickly own or vindicate to this day and vile wretchedness and false Doctrines to be uncapable of the meanest Benefices yet these must be the chief Shepheards the Flocks were like to be well govern'd and Bishop Land that abetted and Countenanc'd the said Authors and Books Licensed their false Doctrines and impure as well as Illegal Principles and got their Books Licensed was made Archbishop and who but he with the King and Court The King knew nothing of all this nor that Papists great Papists were put into Commission all the Kingdom over nor that Arbitrary Government in Loanes Knighthood-Money Tunnage and Poundage Ship-Money Assessing and Billeting of Souldiers c. The King knew nothing of all this these were Deeds Deeds not Words Deeds that made the Kingdom groan Deeds that Affrighted the Parliament and the Kings best Subjects with too much cause of Jealousies and Fears of Popery and Arbitrary Government when it was really practic'd in so many particulars and the Councellors and Favorites that abetted the same the only men in Favour and nothing was said against them in Parliament but it prov'd the ruine of the men though Parliament-men that might Parler le ment speak their minds freely and lawfully and also prov'd to be the Dissolution of those Parliaments 'till the Kings Necessities and Straits were so great and the Dissolutions so frequent and on the strange occasions aforesaid that the Parliament would do nothing 'till the King not only had Promis'd but had granted it by Statute that they should not be Dissolv'd but by their own Consent Tory. It is the greatest wonder in the world to me that any King should Dissolve a Parliament but by their own Consent or 'till all Grievances be Redress'd for the King is Pater Patriae the Father of the Country and what an odd Humour is it if a Father that has a Child or Children troubled with griefs or Grievances and had a Prerogative that could but would not remedy them nay nor suffer them that would remedy his Children is this Father like or like something else The King is the chief Shepheard of his People his Flock but what an odd humour is it if a Shepheard when he sees Doggs and Wolves tear and rend his Sheep shall neither according to the duty of his place deliver his Sheep out of their Jaws nor yet suffer others to do it but contrarily side with the Doggs and defend the Worried Sheep much more if he see the Currs on worse if he shall go Snips in the Booty and Prey Whigg I am glad to hear this of you Mr. Tory you have been us'd to Language that has less of Sense Reason or Law in it Tant But all this while Mr. Whigg you do not tell us any thing in Answer to this excuse the Favourites made namely Necessity the Kings necessities required that which indeed ought not to be done by Law Whig Necessity Pish this excuse aggravates their Offence for thus they dispute in a Carcle and justify their wickedness by greater by links and chains of evil consequences First the Kings Affairs by their Evil Councel and Managements is brought into Straits and Necessities the effect of them then these evil effects are made the Cause of the continuance of worse effects World without end But thank God for a Parliament The Pretence of this same Whimzey Necessity hath ruin'd the Liberties and Properties of the French-men in Normandy to this day For they were ruled once by as good Laws as we are but being opprest with some Grievances contrary to their Charters Customs and Franchises they made their Complaint to Lewis the Tenth who by his New Charters in the year 1314. acknowledged their Rights and Customs aforesaid and confirmed them Confessing also that they had been unjustly grieved and wrong'd but by the said New Charter did provide that from thence forward they should be free from all Subsidies and and Exactions to be imposed upon them without their own Consents but with this saving or small exception Si necessitis grand ne le requiret namely except great necessity required the contrary Which little business Mr. Necessity has done their business and broke the neck of all their Laws Charters and Franchises and of Subjects they are become Slaves and Vassals little differing from Turky-Gally-Slaves for no man can say any thing is his own if necessitye le Grand that is the King require the same nay they dare not now say That their Souls are their own so great is the Encroachment of Tyranny Covetousness and Oppression if you give it an Inch it will take an Ell and thefore you Toryes are a base generation for you hate your Friends most of all and Spaniard-like at the same time basely Fawn Wagg your Tails and Cringe base Currs to the Hand that beats you most nay you 'l Fight to Blood in pursuit of your Sycophantry poor Slaves And your Tantives will Preach your People all out of Church rather than not Preach up the said false Doctrine of Sybthorp Mountague and Manwaring Oh most unworthy Treacherous and Easy-bought Hirelings That for to be made a Shepheard or chief Bishops of Souls would betray them and Sell them all and your own to boot into the bargain in defyance of the Laws of God and the Realm which the King is Sworn and bound to obey perform observe and keep The Throne cannot have it has been found by woful experience worse Friends nor greater Traytors than such Sycophants and Wretches as you are Tant We are as much obliged to you Mr. Whigg for your good Opinion of us Whig 'T is according to your Merits Is it not enough that this Kingdom and Commonwealth should be once in one Age undone by the same kind of men the same Sell Truths the same Illegal Principles and Tantivee-Practices and Parasitical Flatteries and Slye Insinuations under the Vizard of Divinity Loyalty and the Church the Church and yet not one in a hundred of
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
that have been the Authors and Causers Tant Of what Of Law and Gospel Whig No of all the Miseries Ruines and Calamities that are now upon us Mr. Speaker This is the Age Mr. Speaker that hath produced and brought forth Achitophels Hammans Woolseyes Empsons and Dedleyes Tricilians and Belknapes Vipers and Monsters of all sorts Tant We use to lay the cause of all our Civil Wars at the doors of the Puritans Roundheads or Whiggs Whig Ay you know no more than just what Oliver 's Fidler and Nat. Thompson discover to you Are you not asham'd to berul'd and taught Ethicks and Politicks from the Pillory the Mass and the Stews poor Tories and Tantivees I blush she you Tant But why do you so often make Astrismes and Remarks of Popular Fury against the Grand Favorites Whig Our own Memories can sufficiently enform us of the Tragical Events that attend the Peoples Odium Indignation and Wrath. Dr. Lamb for no other fault but taken on Suspition for an Intimado and Friend to the Duke of Buckingham was pull'd in pieces by the Mobile and Rable and Verses presently drop'd about the Streets Threatning the like Fate to the Duke This Dystich for one Let Charles and George do what they can The Duke shall Dic like Doctor Lamb. And he that Stab'd the Duke was rather bewail'd and Canoniz'd then Execrated by the Populace what Devils Incarnate did the people prove to the two De Witts in Holland not long ago The examples of Popular Hatred and Revenge I call it not always Justice because Irregular at best are infinite in our own and Foraign Countries What need I tell of the Sicilian Vespers Mastnello's ten days Revenge occasioned by the Gabell's or Excise and yet it was established by Law as Hearth-money amongst us and Excise amongst us and in Holland and other Countries Tant I perceive by the Story that of all men living Favorites Grand Minions whom all men Envy have had the worst luck Whig To go no further back than King Edward 2. how miserably were Gaviston and the two Spencers Tom and Dismembred limb from limb Tory. Ay so was Lord William Scroop Earl of Wiltshire and Lord Treasurer and Sir John Bushy Bagot and the two Green's Thomas and Henry in Richard 2. time Whig And so ended the Duke of Somerset and Suffolk in Henry 6. time Tant These were three Easie Kings Whig But what was Henry 8. then And what Fate had Woolsey Tory. Or the Duke of Somerset and his Brother the Admiral both of them Vncles to the King in Edward 6. Reign Whig Or Duke of Buckingham Earl of Strafford Archbishop Laud in Charles I. time Or Earl of Clarendon in his present Majesties Reign which God long preserve Tant The Earl of Clarendon came off or rather he march'd off if you please and well he could Whig Well then God send me A Moderate Fortune and a quiet Conscience A Soul not Stuff'd with Flattery or Non-sense Nor with much Business too uneasie made Nor of a Curtain-Lecture much afraid But at a Thunder-Bolt stands undismay'd With Brow Unwrinkled Feet without the Gout Let Hero's plod and heave each other out And strive to be mark'd out the Peoples hate Bustling who first shall feel the wonted Fate And Justle for the Bench and Noisy-bar We Shrubs are lower but far Happier I 'le conclude with an old Story Cambyses King of Persia was a man naturally inclin'd to Goodness but Spoil'd by Sycophants and drill'd on to absolute Tyranny by Whores and Sycophants that led him by the Nose and then for Lust he was not only Insatiable but wildly Extravagant scarce any Wench of his own Kingdom would serve his Wanton Squeamish Old Appetite and yet he had of his own Subjects Whores in abundance that were as willing as heart could wish and would have been glad of the Preferment to be a Royal Whore for besides the pleasent sin there was Money and a Title of Honour too perhaps in the Case But nothing would serve Cambyses but to make his own Sister his Miss and not only so but he could have been tempt'd and could find in his heart to make her his Wife if he durst for the Laws whereupon to satisfy the Laws and his Lust together he made a Privy-Council-business of it and Consulted them and the Lawyers whether he might no. Marry his Sister lawfully They Answered That they knew no Law which admitted such Marriages but that there was a Prerogative That the Persian Kings might do what they listed Tant The Prerogative then is a very Hapy Commodity these and a help it seems to get such a Commodity as is not allowed to the poor nor to the wicked neither by the Law of God nor man But tell us more concerning our Kings Prerogative in reference to Parliaments Whig Not now however for I understand your drift Mr. Catch-Pole but I am not very ambitious of being a State-Martyr I find cold comfort in it in a Thankless unthinking and degenerate Age besides Mr. Tantivee you can Swear with a Witness and either strain my words or you 'l stretch your Conscience and it is a Cheverill-Conscience already we know it by woful experience Tant But now that Mr. Tory is absent there cannot you know be two stretching Witnesses speak bold Truths and tell us why the Parliament did lay to the charge of King Charles I. the granting Passes under his own Hand to several of his Servants and Knights to go over into Ireland Signed C. R. and serve and assist the Irish Rebels that cut the Protestants Throats and also sent to the Duke of Ormond to make Peace with them and to promise them Toleration and a Deputy of their own chusing who they would and agreed that they should come over for England and what to do tell us some of these Mysteries and How and Why the Pope sent them a Plenary Indulgence for the merit of Butchering the Protestants Whig A Vaunt thou Tempter how darest thou Pittiful Tantivee grow thus Insolent and Troublesome here May I not be Master of mine own nor quiet in my own House for these Beggarly and Cowardly Tories and Tantivees Boy bring me hither my Old Fox again I 'le once more wear it by my side rather than thus be pester'd and disturb'd with Slaves that cannot look in a Glass but they must see in their Foreheads those Scarrs which are the Witnesses as well as Trophyes of Whiggish Valour and his Vnconquered Sword Tory has had a soft place in his Head ever since Tant Dear Whigg Pry'thee a few more of your Perillous Truths Whig Not now I profess you grow Trouble some Have you no more wit Do you know who you speak to Catchpole Begone I say Ha FINIS London Printed for E. Smith at the Elephant and Castle in Cornhil near the Royal Exchange Anno Dom. 1682. 1626. 2 Car. 1. Whiggisme before in p. 24. Chron. Baker p. 109. Walsingham Hâ—st Angl. p. 48. Yâ—â—ligm nâ—â—str p. 88. Hâ—n de Knighton de event Angl. 3. l. cap. 13. col 2528. Baker Chron. p. 99. Chron. Baker 112. Bak. Chron. p. 105. Anno 1. Edw. 2. Chron. Bak. 106. Anno 25. Edw. 1. Hen. de Knighton de event Angl. l. 3. c. 9. to 14. H. Knighton ibid. 4 Car. 1. 4 Car. 1. 1602. 1603. Isa 29.21 Mic. 2.1 2. Ezek. 45.9 40.8 Eccles 5.8 1626. 2 Car. 1. 2 Car. 1. 25 Edw. 1. 27 Edw. 1. Bak. Chron. p. 100. Augustin cont Manich l. 22. cap. 74. Lud. Viv. Institut Fem. Christ lib. 1. 1626. 3 Car. 1. 1627. Rushw Col. part 1. 440. Rushw part 1. 442. †K. Edw. 1. Bak-Chron 107. Bak. Chron. 129. Anno 132â— Anno 1322. 1326. Ruâ—w 455. Rushw Col 649. Anno 3 Câ—â—â— 4 Car. 1. Bracton Comm. p. 487. Plowd Comm. p. 246. Bracton lib. 3. c. 9. fol. 107. Dated May 11.41 May 1. 1640 16 Car. 1. Commentar of Guilme Jeremie Anno 131 4. Coke lib. 7. Rep. p. 12 13. Lib. 9. Preface Mirror of Justice ch 1. Sect. 3. Lord Coke 's Comment upon it Chart. Hem. 3. Vid. Decret Greg. 9. fol. 260. Col. 1. Will. Maim lib. 3. c. 19. 9 Hon. 3 9. See the Articles of Impeachment against Strafftord Mirrour of Justice Egbert Anno 926. Pope Gregory 4th Baker's Chron. Ann. Dem. 895 Fox Acts and Monuments Mirrour of Justice Coke Instit 4. R. p. 11. King James 's Speeches in Parliaments Anno 1603. and 1609. Horne 's Mirr of Justice Anno 1639. Habak 2.5 6 7 8 9 10 11 12. His Speech in the Tower His Speech in the Tower Sir Harbotle Grimston 's Speech in Parliament The Character of a Happy man Rawleigh ' s History of the World lib. 3. Anno. 1645.