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254 Answer of Henry VI. to the Petition of the County May cords, out of the fame; wliere, at contrary to the liberties, freedoms, your common law it is written, contra immunities, and franchises of the coronam et dignitatem vefiram : it is said county. And as to the resigning written in your time, and your noble of such possessions, as it hath liked progenitors, finth the said Earldome your highness, to grant unto any of came into your hands, and in all your subjects; all such as have ought earls. times afore, contra dignitatem of grant within the said county, will gladii Cejirie. And also they have no be ready to surrender their letters patkniglits, citizens, ne burgesses ne tents, which they have of your grant, ever had, of the said county, to any for the more honourable keeping of parliament holden out of the said your eítate; as any other person or county ; whereby they might, in any persons within any other part of your way of reason, be bounden. And allo jand; or else they fall be avoided by ye and your noble progenitors, and us, under your authority committed all earles, whose estate ye have in the unto us, within your liid county. faid earledome; as earles of Chelter, And furthermore, confidering that fith the conquest of England have had your beleechers are, and ever have within the same'; regaleri, proiejia- been true, dreading, obaisant, and tuni, jura regalia, prærogativa regia. loving unto you, and of you, as unto Which franchises notwithstanding, you, and of our most dowted fovethere be your commillions directed reign lord, our earle and natural lord: out to several commisioners of the we the said barons, knights, esquires, fame county, for the levy of subsidy, and commons, are ready to live and granted by the commons of your die with you, against all earthly land, in your parliament, late begun creatures; and by your licence, to at Westminster, and ended at Leice- fhew unto your highness, for the grafter, to make levy thereof within the cious expedition of this our most besaid county, after the form of their horeful petition. And we the said grant thereof, contrary to the libero abbots, priors, and clergy, continualties, freedoms, and franchises, of the ly to pray to God for your most houfaid county, and inheritance of the nerable estate, prosperity, and felifame, at all times, before this time city, which we all beseek God to conused, that please your noble grace, of tinue, with as long life to reign, as your blessed favour, the premises gra- ever did prince upon people; with ciously to consider : and also, how issue coming of your most gracious that we your beseechers, have been as body, perpetually to raign upon us ready of our true hearts, with our for all our most singular joy and comgoods, at times of need, as other fort." parts of your lands; and also ready to The king's will is, to the fubfidy in obey your laws and ordinances, made, this bill contained : forasmuch as he ordained, and admitted within the is learned, that the beseechers in the said county, and if any thing amongst same, their predecessors, nor ancef. us (be wrong ] ready to be reformed by tors, have not been charged afore this your highness, by the advice of your time, by authority of any parliament councel, within the said county; and holden out. of the faide county, of hereupon to discharge all such com- any quindisme, or subsidy, granted millioners of levy of the said subsidy unto him or any of his progenitors, in within the said county, and of your any such parliament; that the bespecial meer grace, ever, to see that seechers, and each of them be disthere be never act in this parliament, charged of the paying and levy of the nor in any parliament hereafter, hol said sublidy. And furthermore, the den out of the faid county, made to king willeth, that the said beseechers, the hurt of any of the inheritors, or their successors and heirs, have and inheritance of the said county, of their enjoy all their liberties, freedoms, and bodies, liberties, franchises, goods, franchises, as freely and entirely as lands, tenements, or poffeßions, be- ever they, their predeceffors or an. ing within the said county: For if any cestors in his time, or in time of bis such act thould be made, it were clean progenitors, had and enjoyed it.

255

1776. Palatine of Chester on Parliamentary Taxes. Profecuta fuit

, ifa Billa ad Dominum that they have and hold, poslide, and Regem per Jobannem Manwaring enjoy, all their liberties, freedoms; Militem. Radulpbum Egerton, Ro- and franchises, in as ample and large bertum Foulburji, Robertum Leigh de form, as ever they had in our, or any Adlington, et Johannem Needbam, of our faid progenitors days. And Anno R. R. H. 6. poft Conqueftum that he fail not thereof, as we trust Anglie Viceffimo Nono.

you, and as you deem to please us. By the KING.

Given under our signet of the eagle, TRUSTY and well beloved in God, at the pallace of Westminster the and truity and well beloved-we greet eighth day of March, anno R. R. H. 6. you well. And forasmuch as we have Vicesfimo Nono. understanding, by a supplication pre- To our trusty and well beloved in sented unto us, on behalf of all our liege God, the abbót of our monastry of people within our county palatine of Chelter; and to our trusty and wellChester : how their predecessors nor an- beloved knights Sir Thomas Stanley, cestors, have not been charged before our justices of Chester, Sir John Manthis time, with any fifteenth or subsidy waring, and to every of them." granted unto us, or any of our progeni. The following extract from the tors, by authority of any parliament, year books demonstrates that, from holden out of our said county, for which the same principle, the Biitish parliacause, we have charged our chamberlain ment have no right to tax the people of our faid county, to make out writs, of Ireland, though they have attemptdirected to all our commissioners, oro ed to usurp and enjoy that power. dained for the aflelling and levy of the “ A tax granted by the parliament subsidy last granted unto us : charging of England ihall not bind those of trethem to furcease of any execution of land, because they are not summoned our letters of commillion, made unto to our parliament;" and again, “ Irethem, in their parties. Wherefore, land hath a parliament of its own, and according to our commandment late maketh and altereth Jaws; and our given by us, unto our faid chamber- statutes do not bind them, because they lain : we will that ye in our behalf, do not send kvights to our parliaopen and declare unto all our faid ment:" but their persons are the liege people ; how it is our full will king's subjects, like as the inhabiand intent, that they be not charged tants of Calais, Gascoiny and Gui. with any such grant, otberwise than enne, while they continued under they, their predecessors and anceltors the king's subjection. See 1. BI. have been charged afore time. And Comm. 101.

To the EDITOR of ibe LONDON MAGAZINE. SIR, To TURNING over Blackfione's Com- of their ancestors decisions, gave mentaries, I met with a

very ex

birth to those dangerous political traordinary paltige, which as it seems heresies, which so long distracted the to explain the foundation of the loyitate, but at length are all happily tx. alty of those men, who now dignity tinguished. I therefore rather choose to themselves with the name of the king's cortider this great political measure friends, I here lay before your upon the solid fooring of authority, readers.

than to reason in its favour from its “ The reasons upon which they juitice, moderation, and expedience; decided (who settled the succession 10 the because that might imply a right of crown as it is now estabiifbed] may be dissenting or revolting from it, in case matter of instructive amusement for we should think it to have been unjust, us to conteinplate as a speculative point oppreffive or inexpedient. Whereas of history. But care must be taken our ancestors having most indisputably not to carry this enquiry further than a competent jurisdiction to decide this merely for instruction or amusement. great and important question, and The idea that the consciences of por. having in fact decided it, it is now terity were concerned in the rectitude becoine our duty at this distance of

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time, to acquiesce in their determina- be heartily affected to his person or tion; being born under that establish- his cause, never can stand firmly by ment which was built upon this foun- him, or venture their lives and fordation, and obliged by every tie, re- tunes to support what they must look ligious, as well as civil, to main. upon as a continuance of that injus. tain it."

tice and oppression. Such men are Numberless reflections must crowd evidently the most dangerous to be upon the mind, after an attentive near his perfon, the most unfit to share perufal of the above pallage.-Give his councils. For corrupt and degeme leave to throw together a few of nerate as the age may be, it is not those that occurred to me, in which possible to imagine human nature fo I shall not be very follicitous of ob- intirely abandoned as actively and serving method, for I design not a re- zealously to espouse the cause of ingular ireatise, but a few cursory re: justice and oppression, where the immarks. I would ask this respectable mediate personal interest of the abettor and judicious author, what we are to is not concerned. Such fervice must think of his method of defending the be purchased dear, and, what is worse, Revolution, and its consequence, the must be languid, unlteady, and faithAct of Settlement; does he really less. It can be paid only by the ba. think it the belt in itself, or is it only feft, the most sordid minds; who are calculated for the meridian of Oxford, callous to conscience, dead to every where he delivered those lectures, the virtue. substance of which form his Com. That the unjust oppressive measure mentaries ? Does he look upon it as was the work of their ancestors, cana specific that will eradicate, or only not exculpate their pofterity for activeas an opiate that may lull into loyalty ly supporting, or even for paffively the ever restless and implacable spirit acquielcing in their iniquitous deciof peevish disappointed Jacobitism? fion. If they are active in their supa I am loth to think that a gentleman port, they transgress; if they are not so venerable by his character, so dif- active in their opposition of its continguithed by his rank, so eminent by tinuance, they neglect their duty. his abilities, should entertain the least Our learned and sagacious author diffidence of the justice, the modera. has rightly asserted, that our ancestors tion, or the expediency of the mea: had a competent jurisdiction to settle sure in queltion, or imagine that en- the succession. Their ancestors had tering into a discussion of those points, made a different settlement, which should leave in the minds of the un: was cancelled in 1688, because it was prejudiced, the candid and the ra- thought that it would open the floodtional, (who alone were objects worth gates of oppression and injustice. It his notice) the slightest suspicion of its would not be amiss if it were thewn being unjust, oppressive or inexpe. what competent jurisdiction our greatdient. Let it be concluded then, that grandfathers then possessed, which we he thought authority (authority con. cannot now exercise. He says theirs sidered as acting without regard to was indisputably competent, and they justice, moderation, or expediency) decided ; his hearers and readers will the only method that could prevail retort, then is ours indisputably comwith his hearers to acquiesce in the petent, and we may decide ; if their questioned eltablishment. Possibly he decision appear to us unjust, oppresmay be in the right.

five, or inexpedient, we may diffent, But what dependence a prince can we may revolt from it, as they did have upon loyalty, resting on such a from the decision of their ancestors. foundation, requires to be considered. Thus we see, that at the first step, the The men who imagine the title of his learned writer raises in their minds family to the crown, to be founded the very political berely he intended to on injustice and oppression, can never obviate.

1776.

257

To the EDITOR of the LONDON MAGAZINE.

SIR, I lotendieroorapply myself principally well blow hobichete His fiant troops are commonly distinguished by the plained very loudly. The imminent name of the Tory Party.

invasion of England at that time, did There are many things in the doc- not reconcile them to the measure of trine and practice of that body, which comınitting any part, even our most I never-could perfectly approve. I necessary defence, to foreign forces. think a party whose distinguishing Those foreign troops who were characteriitic is a desire of exalting brought over for the purpose of quietthe prerogative of the crown, ought ing the troubles in Scotland (for I never to take the lead in a government mean to speak gently) in the year conftituted like ours. But, though I 1745, did not ineet from that party a could not relish the doctrines of this more favourable reception. Their political let, I did not of course con- unaffected dread of the prevalence of demn the intentions of all who held the house of Stuart in that critical them. I did not, I confess, think the contest, could not make them permit Tory party entirely well affected to a momentary departure from their an. the constitution. Their own favou- tient maxims. " Their

preservation rite phrase, The old Conftitution," from the greatest of all calamities, which was, and is continually in their fubjection to an irritated, a revengemouths, seems to imply an invidious ful, a bigotted, even a foreign master, distinction, and to intimate a dislike a master who founded his right upon to the constitution, as perfected, or if the supposed nullity of every right in they please, new modelled at the Re. his subjects, could not excuse this obvolution. But whatever their opi. noxious mode of safety. nions of the conftitution might be, I

It was in vain alledged in mitigation thought thein zealous, according to

of that measure, that the national their ideas, for the interest and ho troops were engaged abroad, that we nour of their country. In all things had not time to get together, and to which diftinguish this idand from any discipline a body of Englith; that other nation, the exclusive and pa.

our foreigo enemies bad interfered ; triotic partiality of their affections has that some forces in the French service broken out, and sometimes not in the were actually in Scotland; and the most decent and orderly manner that arrival of more was daily apprehendcould have been wilhed.

ed. This was all urged to inatten. It always appeired a circum- tive ears. The Tories ftill exclaim, stance rather singular, that they whose ed, that the troops of our allies principles were so much of foreign brought hither on that occasion were growth, should far outgo the whigs foreigners; and nothing but the conthemselves in the abhorrence of fo. fideration that a late capitulation had seigners. The great blessings derived bound them not to be of any use, from the Revolution, could not make could induce the Tory party to bear them forget that King William was a

the presence of such guckts, with any Dutchman. They did not readily for- reasonable patience. give even the founders of the fortune Sudden emergencies may make the and greatness of his present majesty, departure from the most wise and that they were born in Hanover, and settled principles justifiable by the were supposed to entertain senti. evident necessity of the case. But ments of partial regard to their nati.e certainly, the general principle of country.

keeping foreign powers from interIn the principle of all this, though

fering in national disputes, is foundsometimes carried too far, and some.

ed in the truest wisdom and soundest times misapplied, there was something policy. There is not only no dignity, respectable. I remember perfectly but no safety in a different conduct. May 1776.

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I was

I was therefore a good deal surprised, be ended by a very few of the superwhen I found so many of the Tories fluous regiments, which a prodigal not only tolerating, but rejoicing in peace establishment wantonly kept up the attempts made by ministers for for parade and thew. Such is the dig. engaging large bodies of foreigners to nity of England in the hands of its aet in this present civil war.' To what present truitees ! are we to attribute this extraordinary If we cannot end our own quarrels change, which that party has made by our own wisdom, or our own in the only part of their fentiments, power, they will never be ended. in which they were perfectly jutiîd Foreigners very rarely, if ever, interable? Instead of murmurs, com- fere with cordial purposes to the beplaints, and remonftrances, we see the nefit of the party which calls them persons' most warm in that cause, al. in. It will be their bufiness, like moft.every where active and bustling lawyers, to prolong the suit, in order to procure addresses of compliment; to exhaust the litigants. in order to give the ministers all kind Whilft the quarrel continues, foi of credit and support in their negocia. reign powers know that you muft tions for foreign troops.

comply with every demand, and sub. In all this I see no sort of attention mit to every infult. The old eneto the honour of this country. Thé mies of the kingdom will be sure to first principle of dignity is indepen. fan the flames of diffention. The dence. A government in profound very best affected of the foreign coures peace with all its neighbours, which will make themselves necessary as long

not able, without external af. as they can. They will affist you just sistance, to enforce obedience from its enough to continue the dispute, but own subjects, is in effect annihilated. not to end it, because that difputé The powers on whom such a phantom and their superiority must have exof authority depends, are the true and actly the same duration.' real government. The other is only Rather than confent to be thus at a vafial. If we cannot govern it but the mercy of foreigners, Dignity, if by the forces of Hanover, &c.—Hao nie would condescend to take common nover, Hesle, &c, are not only the ru- sense into her councils, would think, Jers of America, but they are the maf. that the cruel alternative proposed by ters of England.

the American Congress,“ of reThere'must be some extraordinary turning to the situation in which we weakness in administration, some dif: stood in 1762," ought to be accepted. inclination to the service in the gross If English dignity is to be comproof the people, something unusually co- 'mised, I had rather settle amicably lourable in the resistance, that at the with America, than be obliged to too very outlet of the quarrel, has dis polite a submiffion to the House of abled the strongest power in the Bourbon. " I fould consent rather to world. Our miniiter's stumble at the bear the roughness of English liberty, threshold ; they are

out of wind than subject myself to foreign pride, before they have run the first heat. and barbarian insolence. i had ra The first year of this war in America, ther Make Hancock and Adams by the they implore foreign nations to bring hand, than cool my beels in the antithem out of that struggle, which a chamber of Orloff and Potemkin. little while ago, they told us might :

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I am a weaver, have been married troubling you with my own pri- these twenty years, and have a wife vate concerns, but as my case is the and six children to provide for ; but fame of all the labouring poor in the what with the present excessive deas: kingdom, I hope you will publik niy 11-fs of all sorts of provisions, and epiitle.

the decay of trade and manufactures,

I can

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