and for fuch Time as his Majefty fhall THINK Echard, pag. "FIT, for the Defence and Safeguard of his King- 459. "dom in Time of Danger and Peril; and BY LAW

might COMPEL the Doing thereof in Cafe of Refufal. And that in SUCH CASE, The King is the SOLE JUDGE both of the Dangers, and WHEN "and How the fame are to be avoided.

A Sentence, fais Lord Clarendon, "which "brought upon the Judges deferved Reproach "and Infamy: And by which they justly fell into "Irreverence and Scorn. For when Men heard

Ship-Money demanded in a Court of Law, as a Clarend. Vol. "Right; and found it, by fworn Judges of the I. p. 69, 70. "Law, adjudged to be fo, upon fuch Grounds "and Reafons as every Stander-by was able to "fwear was not Law,-and were required to pay "it by a Logick which left no Man any Thing "he might call his own, they no more looked upon it as the Cafe of one Man, but the Cafe "of the Kingdom; and an Impofition which "they thought themselves bound in Confcience.to "the Publick Juftice not to fubmit to.-Sir John "Finch, alfo Lord Keeper of the Great Seal, "upon a Demurrer put into a Bill before him, "which had no other Equity in it than an Order "of the Lords of Council, declared, That whilst he 66 was KEEPER No Man fhould be SO SAWCY "as to difpute thofe Orders; but that the Wisdom "of that Board fhould be ALWAYS Ground enough for him to make a DECREE in Chancery." Here

then was a total End to the Liberty of the Subject; and the CONSTITUTION of our Government was abfolutely overthrown; when an Order of Council is to have the fame Authority as a Law enacted by Parliament; and one of the highest Courts of Judicature declares it will always regulate its Determinations thereby.

Id. p. 74

The Lord Mayor, Aldermen, and Commonalty of London petitioned the King for, at leaft, an Abatement of the heavy Number of Ships exacted from them, but were by Order of Council fmartly Echard, pag. told, "That Petitions against fuch Commands were "not to be received: And whereas you speak of "PRECEDENTS; you shall know that the PRECE

459.

Rapin, Vol. X.

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DENTS in former Times were Obedience, not Di"rection; and that there are alfo PRECEDENTS of Punishments of those that disobeyed his Majesty's "Commands.' The Sheriff of Northamptonpag. 398, 399." foire having fent to Court a Petition of the County against Ship-Money, the Council repri"manded him very fharply, commanding him to "do his Office on Pain of exemplary Punishment. "The Judges were exhorted in their Circuits to "ufe all their Authority to promote it. So it

Id. p. 438.

Coke Det. 7. 108.

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was evident the King was refolved to compass "his Ends, let what would be the Confequence : "And that this Impofition was grown by Degrees "a ftanding Tax upon the People."

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Even in

the Year 1640, when the War with Scotland was
commenced," The King inftead of giving over
"this odious Tax, continued to exact it with great

66

Rigor, though his Affairs were then at a Črifis "which fhould have made him dread the Iffue.-"The Lord Mayor and Sheriffs of London were "proceeded againft in the Star-Chamber for not Levying it with that Severity upon the City "which the Court expected."

..

So extreme was the Rigor of the Court in this Point, That when the Writs for Ship-Money "were iffued out, the Proceedings against the Of"ficers, Bailiffs, Constables, &c. for not Collect

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ing the Affeffment, was to bind them over to "answer at the Council-Board, and Commitment "if any refuse to give Bond: And if Sheriffs neg"lect to collect all fuch Affeffments in their Year,

"they

1

*they shall stand charged with the Arrears."

And when the Parliament of 1640 was conven'd, Clarend. Vol. Lord Clarendon obferves, "The Court proceeded 1. pag. 131. in all Refpects in the fame unpopular Ways it "had done; Ship-Money was levyed with the "fame Severity; and the fame Rigor ufed in Ec"clefiaftical Courts, without the least Compliance "with the Humour of any Man."

"A Bill was depending in the House of Commons to grant his Majefty the Duties of Tonnage "and Poundage, but before it was paffed, the Cuftom-Houfe Officers feifed the Goods of three

66

.

"eminent Merchants Mr. Rolls, Mr. Chambers, Neal, Vol. II, "and Mr. Vaffal for Non-payment. Mr. Cham-P. 195. "bers (an Alderman) was fined 2000. befides "the Lofs of his Goods, and fuffered fix Years Imprisonment (b). Mr. Roll's Warehouses were "locked up; and himself (a Member of Parliament) taken out of the Houfe of Commons "and imprisoned. This occafioned fome warm Speeches against the Custom-House Officers and "Farmers of the Revenues: but the King took "all upon himself; and sent the Houfe Word, "that what the Officers had done was by his fpe"cial Direction and Command, and it was not fo "much their Act, as his own. This was a new "Way of Covering the unwarrantable Proceed"ings of corrupt Minifters, and was faid to be "the Advice of the Bifhops Laud and Neile; a "Contrivance that laid the Foundation of his Ma"jesty's Ruin."

(b) Whitelock fais, that after 12 Years Imprifonment, and. Whitelock, long Waiting for Satisfaction for his Loffes from the long Par- Mem. p. 13. liament, he at laft died in Want.

Rapin, Vol. X. pag. 211.

Ech. p. 444.

Hift.Stu. p. 83.

CHA P. VI.

The King's flagrant Invafions of the Privilege and Rights of PARLIAMENT, and Violences committed on it.

THE

HE Freedom and Rights of PARLFAMENT have ever been held facred by the People of Britain. The two Houfes are as effential and unalterable a Part of the Legislature of thefe Kingdoms as the Sovereign himself: they fhare with him in the Sovereignty: All manifeft and open Invafion of their Liberty has therefore been justly confidered as fubverfive of the Co NSTITUTION: a Wound to the People's Right in its tendereft and vital Part. But in what Manner did King Charles behave towards his Parliaments? Why finding them'a Check upon his arbitrary Measures, complaining of Evil Counsellors, and praying a Redress of Grievances; He at first hectors and threatens them, and afterwards proceeeded to open Outrage and Force.

"It was the Temper of the King and Court to "look upon the Parliament, efpecially the Commons, "with extreme Contempt," "He taxed them "(in the Beginning of his Reign, and long before "the open Rupture) with Undutifulness and Sedi"tion; calls the Leaders of them VIPERS and

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EVIL AFFECTED PERSONS, who must look for "their Punishment: tiles them MALEVOLENT "PERSONS, who like EMPYRICKS and LEWD "ARTISTS ftrove to make new Work."- -Tells them, " If they had any Grievances to be redressed, of which his Majesty was not fenfible; they must "complain in a MANNERLY Way, without the leaft Reflection on his, or his bleffed Father's Government. "Sais, I must let you know, that I will not allow

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any

any of my Servants to be questioned amongst you, Rapin, Vol. "much less fuch as are of eminent Place and near X. p. 47, 48. " unto me." "Wonders at the FOOLISH IMPU- Hift. Stu. pag. "DENCE of any Man that can think he should be 84. "drawn to offer fuch a Sacrifice, much i

be

"Greatness of a King, and Master of Sun A IR(Buckingham an extremely infolent, cor

6. VANT.

66 rupt, oppreffive and most obnoxious Prime Mi

"nifter.) (a) But Lord Clarendon owns, "That Clarend. Vol "for the Sovereign Power to interpofe, and shelter I. p. 7. "an accufed Servant from Anfwering, does not

only feem an Obstruction of Juftice, and lay an Imputation upon the Prince of being privy to "the Offence; but leaves fo great a Scandal upon "the Party himself, that he is generally concluded "guilty of whatever he is charged with."

In another Speech He tells them,—" That if "they should not do their Duties, in Contributing

"what the State needed, he must use other Means Rap. Vol. X. "which GOD had put into his Hands," (i. e. if they p. 128. would not give, he would take it by Force, as

he quickly did)." Take not this as a Threatning, his

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Majefty adds, for I fcorn to threaten any but my

Equals.". Again, I defire you will haften my Echard, pag. "Supply, or else it will be worfe for your felves." 425.

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66

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D 3

That

(a) "Whitelock obferves that there were in this Houfe many Perfons of extraordinary Parts and Abilities (Selden,

"Pym, Glanville, Herbert, c.) and as to their Eftates, one Hiff.Stu.p.85. may make a Judgment by what H. L'Eftrange fais of the next Parliament, confifting in a Manner of the fame Mem"bers, viz. Their Eftates, modeftly estimated, were able to buy "the House of Peers, the King excepted, though an Hundred "and eighteen, thrice over. A proper Affembly this to bear "the Infults of a weak and imperious Adminiftration !"

Neither Rome nor Athens, fais a learned Hiftorian, could Coke Det. ever glory in fuch an Affembly as the Commons of this pag. 57. "Parliament were, for their Virtue and Learning: Nor any "Age produce fuch a Number of Men of the like Integrity

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to their Country, and humble Obedience to their Prince."