to prevent the Fraud and Danger of Holy Pretences for such Unrighteous Attempts against our natural and civil Properties Our Penal Laws are to punish Offences against the Civil Government and Humane Society and tho they be about matters Ecclesiastical the Subjects of England cannot pretend to be exempted from them because of their Consciences any otherwise than they may wickedly claim to be free from the Penal Laws against Felonies and Murders if they shall plead that they Robbed or Killed according to theâ—r Consciences His Majesties avowed Intent and Endeavours are to free the Emissaries of Romes Priests and Papists from the punishments and dangers of those our Penal Laws against such manifest Attempts upon the Freedom Rights and Properties of the Realm that His new Erected Popish Colledges His Convents of Monks His Four Provincial Bishops and His numerous Priests may be authorized by Him without force of Laws to maintain the Church of Romes Canons to be of greater Authority than the Laws of the Realm to Declare all the Power of Magistracy in Protestants Hands to be Unlawful and all Rights and Titles to their Estates forfeited to the Papists by their being Protestants to own and justifie Dispensations from Rome with their Obedience to all such Laws of the Realm as the Pope and His Priests dislike and professedly to hold Communion with the Church of Rome the French King and all Foreign Papists that declare themselves Mortal Enemies to the Religion and Power of the Protestants to contrive with them the Suppression or Extirpation of them out of the Realm This work his Majesty hath so far begun that he hath suspended and stopped the Execution of the Penal Laws against all the High Crimes some whereof the ancient Papists of this Kingdom made Capital and he declares all such Protestants as will not help to finish it not to be qualify'd as Christians or Englishmen for any Imployment in the Kingdom and therefore least of all to be Members of Parliament Hereby his Majesty attempts to Confine the Electors in their Choice to so small a party that he allows them not the choice of one of forty whom our Laws make capable of being Elected for Parliament the Number is so small professed Papists excepted out of which his will is to have Members of Parliament chosen that our Laws will judge it no choice if he can impose his will upon the Kingdom as he hath declared it Hereby your Highnesses may be satisfied that our case is deplorable it seems not sufficient for our Popish Enemies to seek the abolition of all our ancient Penal Laws that are not agreeable to those new invented Doctrines and pernicious Practises of the present Church of Rome which the Penal Statutes shew to have been abhorred by our ancient English Papists but their design is to destroy the Constitution and form of the free Government of the Kingdom from whence arose all those Penal Laws against their Churches proud Domination and their Usurpation of the Rights of the Crown and the whole Realm They know by our Histories and Records that the free Parliament always made the Complaints from age to age against their pernicious claims of power over our Kings our Laws our Courts of Judicature and their Judgments and against their Exactions Impositions Frauds and Delusions of the People with their Superstitious folly whereby they gained a third of the revenues of England and drew so much Money to Rome that they impoverished and almost ruined the Kingdom They are sensible that they have been able to inslave to the Pope and Priests several of the greatest English Kings that they could prevail with the King for Licenses and Pardons to them to transgress the Laws that the Parliament made to preserve the Subjects Rights and properties and that the Parliament only caused new Laws to be made for declaring such Licenses Dispensations and Pardons of the Kings void and null They know that they have perswaded several of the Kings that the Pope could absolve their Conscience from all obligation by the Laws and from Agreements Promises and Oaths to their Kingdom to maintain their great Charters and all their Laws and Liberties and that they prevailed upon one of them to resign the Kingdom intirely to the Pope and to hold it of him by rent and they understand that the People in free Parliament only made and declared all such Dispensations and resignations void and nul and justly required those Kings to renew their Oaths to the Kingdom to preserve their Liberties and scorned with indignation the Popes demands of his pretended rent for the Kingdom declaring that their Kings had no such Patrimonial right in the Kingdom to subject it to any powers on Earth They cannot hope that a freely chosen Representative of this Kingdom can suffer such a delusion to be put upon them to be perswaded that due Christian Liberty of Conscience requires them either to allow the forreign Romish Laws or Canons to contest for power and place with the Laws of England or to suffer any of the Subjects of England openly to profess themselves their Persons Marriages or Estates to be subject to any Foreigners Jurisdiction and to depend of their Authority Offices and Sanctions and the exercise of them for their Eternal Salvation which is in truth to renounce their subjection to England or to own and avow to have the nearest Union and Communion with Foreigners that openly profess themselves Mortal Enemies to more then a hundred to one of the whole Realm and to be bound in Conscience to seek their suppression or destruction They cannot think that a free English Parliament should not always know that no Doctrines of Jesus Christ ever destroyed or changed the Natural and Civil right of any person or Nation or allowed that any part of the People of a free Country should correspond with or depend upon the declared Enemy of the far greatest part of it they have therefore resolved to over-turn the very foundation of our Civil Government the Peoples free choice of their Deputies for Parliament that there may never be a free Parliament more in the Kingdom which is a Plot much worse than their Gunpowder Treason It seems they think it safest to keep a shadow of Elections for their intended Convention by forming Bodies Politick of Cities and Towns to name or return whom the King pleases and by the specious name of Liberty of Conscience with promises of Favour and threats of Displeasure to deceive or affright the other Electors to accept of those for their Deputies that the King shall offer but if this attempt upon the Prime Fundamental of our whole Civil Government shall be suffered the King may hereafter with as much Justice Law and Reason call whom he pleaseth from any parts of the Kingdom to Consult with and in the Name and under Pretence of their Advise change our Laws and Customs impose Taxes and Alter at his pleasure the
of Justice and Love amongst men and by Consequence of the Religion preached and established by Christ. These matters of fact are self-evidences and clearly shew that our Grievous Oppressions by our King are the effects of the united Councils of the Popish Interest whereof the French King is the Chief That the Conspiracy against true Religion and Liberties that now appears in England Comprizes all the Protestant Princes and States in Europe England is only first attacked as the principal Fortress of the Protestant Profession if the three Kingdoms of England Scotland and Ireland can be reduced into the pattern of the French King in Government and Religion and the strength of them be united against any single Protestant State or Prince they shall think fit to assault if they can by Artifices keep the rest divided which will not be hard for them for there is little hope of any long defence of such a State. The French King seems not unwilling to have it known that the Popish design is General against all Profession of the Protestant Religion tho especially against England he hath allowed the Bishop of Cosnaes speech to him at Versailes in 1685. to be published who was authorized to be the Mouth of the Clergy of that Kingdom he magnifies the King for suppressing the Protestants of his own Kingdom and asks what they may not yet expect England saith he is just offering to your Majesty one of the most glorious occasions that you can desire the King of England by the need which he will have of succour and of the support of your Arms to maintain him in the Catholick Faith will make you quickly find occasion to give a protection wholly of your self We know very well before the French Clergy declared it by that Bishop that the same head that contrived the pervertion of destruction of so many millions of the Protestants in that Kingdom designed the ruin of the English Religion and Liberty but it surprised us to see that speech published by the French Kings Authority and that our King should suffer the Translation of it to pass freely in England and thorow the World. We thought it beneath the Majesty of a King of England to be content that his subjects should be told that he was to come under the protection of a King of France over whose Kings and Kingdom his Ancestors had so often triumphed but it seems nothing is to be esteemed inglorious that may serve the General Popish design of Extirpating the Protestant Profession We need not put your Hss in mind that the same speech acknowledges that the Popish Councils and Conspiracy against England intend the like ruin to the Religion and Freedom of the United Provinces that Bishop tells the King that he hath undertook the Conquest of new Countries there to re-establish the Prelacy the Religious worship and the Altars that Holland and Germany have been the Theater of his Victories only that Christ might triumph there that is that the Papists might trample upon the Protestants and their Religion and this he speaks as he says in the very Spirit of the Church and signifies their hopes of succâ—ss against the poor Protestants to be unbounded saying what may we not yet Expect We must freely Confess we were too slow to believe this desperate Popish Plot against the whole Protestant Profession and in our particular Case we have been deluded with our Kings promises to protect and maintain our Religion our Laws and Government until we see them all undermined and the train laid to blow them up by a packed Convention of men preingaged perverted or corrupted to serve the Kings will and designs that shall assume the name of Parliament we were not utterly insensible of the danger of our Liberty in our Religion and our Government from the time his now Majesty declared his late Majesty to have been a Papist but who saw that by their secret Conjoyned Councils they had not been able to prevent the making some Laws to secure the Protestants by Excluding Papists from our Parliaments and all Offices and Imployments and we hoped that our Kings life would not be sufficient to overturn by degrees as they had begun to proceed the Excellent foundations of our Civil Government nor to Extinguish the clear light of the truths of Christ Professed in our Religion and we were assured that your Hss minds were clearly inlightened in the Doctrines of the Protestant Religion and adorned and accomplished with all Christian and Royal Vertues fit to possess the highest throne Thereupon we incouraged each other to suffer with patience his Majesties attempts against our Laws and Liberties presuming that your Hss would ere long be our joyful deliverers to the Everlasting Confusion of the Popish designs against our Government and Religion and to the Vindication of the Innocency of the Protestant Martyrs in all the Kingdoms of Europe But as your Hss were the greatest objects of our earthly hopes so the thoughts of her Royal Highnesses succession to the Crown in Conjunction with your Highnesses Virtues and Military prowess and magnaninity were matters of the greatest horror and dread to all the Popish Councils of Europe They have therefore applied themselves to various consultations sometimes it hath been proposed by his Majesty's Power with a Parliament by the deluding Names of Liberty of Conscience and a Magna Charta therein to Fetter Your Highness in Your accession to the Crown with such Conditions as were obtained in Parliament in the cases of Queen Mary and Elizabeth which they hoped to strengthen by his Majesty's putting the Papists into possession of all the strength and Authority of the Kingdom united with all the power of the French King that your quiet Admission to the Throne might not be possible unless you should submit unto and depend upon the Papists and the Conditions that they should impose But they found it of greater difficulty than they at first imagined to get a Parliament that would joyn with his Majesty in such a project against your Highnesses Therefore some of the more cautious Papists of considerable fortunes stumbled at the absolute force of a mercenary Army and the French Power to put a force upon the Heiress of the Crown they propounded that his Majesty should rather try the force of his Paternal Power with her Royal Highness and use all the arguments of interest to induce her either to change her sentiments in her Religion or at least to moderate her thoughts concerning them and incline her to concur in their full Liberty If such Endeavors should be hopeless that then Your Highnesses should be at least prevailed with to declare your Consents to his Majesties Declaration for Liberty of Conscience and your concurrence in his desires to a Parliament for the repeal of all the Penal Laws in matters Ecclesiastical and the Test It was presumed That Your Highnesses might have been perswaded that the Laws suspended and dispensed with by his Majesty were only
two or three Laws against the Protestant Dissenters holding their Conventicles and some Laws made since the Reformation only to Compel Papists by great penalties to come to Church and to keep their Priests out of the Kingdom and it was hoped that Your Highnesses Compassion to all Christians and a tenderness of the Liberty of Consciences would have moved you without further Examination to have complied with his Majesties Request It was believed Your Highnesses would never have inquired after the Penal Laws in Matters Ecclesiastical made by the Ancient Papists many hundred years since against the horrid Invasions by the Romish Church on the Rights of the Crown and the Realm whereby they had impoverished inslaved and almost ruined the Kingdom nor that your Highnesses would have understood that the King hath opened a return to all those wicked practices of that Popish Church and that the repeal of those Laws would settle them It was supposed that Your Highnesses had not known that the Penal Laws in matters Ecclesiastical contain most of the clearest authoritative Declarations that are extant in any Records of the rights of the English Crown of the Form and Constitution of our Government and of the Rights and Liberties of the Subject the Church of Rome's claims Usurpation and intolerable abuses and oppressions having put a necessity upon the Kings and Parliaments to make those Declarations of Law that are now antient Evidences of the Inheritances of the Kings and People of inestimable value It was imagined That Your Highnesses would not have discerned the consequences of a General repeal of the Penal Laws in matters Ecclesiastical that enacting only his Majesties Declaration as he propounds there would be the most absolute and compleat Establishment of Popery that the Romish Church can wish All the Canons or Laws of the Church of Rome shall then have greater legal force in England than they have had in five hundred years past and all her Authorities and Jurisdictions over our Persons and Estates will be in the same manner legal by ancient usage and approved by Parliament as ever they were heretofore in England part of Magna Charta it self will be repealed that makes it Penal to such as the Priest shall delude to give their Lands to Religious Houses There was such a Confidence of deceiving your Highnesses and obtaining your Consent to the repeal of the Penal Laws that the Priests spread a rumor that you had agreed and that his Majesty understood you well therein a false Jesuit had the impudence to whisper it as a secret that their general design could not miscarry seeing they were secretly assured that the Prince of Orange would Concur in it when it was seasonable to declare himself We were certain of the falsness of those rumors some of us knowing of applications that were contrived by his Majesties order to your Highness in that matter and we were much surprised when a friend of ours at Whitehall told one of us about the end of August last that the rumors of Your Highnesses concurring with his Majesty were suddenly hushed and that he heard a whisper that it was said with much anger that Your Highnesses were obstinate in your Errors and thought to make your selves popular with the Church of England and he would trouble himself no more with you but you should repent it Some few of us who had often Conferences concluded that the King had changed his measures but could not imagin what was designed to offer to a Parliament in lieu of a Protestant Successors consent to oblige them to repeal the Penal Laws desired by his Majesty It was not long before we heard it muttered that the Queen was with Child and then the Papists began to Triumph and the Priests gave out boldly that it would set aside her Royal Highnesses right to the Succession tho it were a Daughter and ignorantly and impudently Affirmed that if the Queen had a Daughter Born after the King came to the Crown it ought to Succeed before a Daughter Born when he was but a Duke But none but the Papists gave any Credit to the reports that she was with Child and the Fable of the Dutchess of Modena's request in Heaven or Purgatory and the Lady of Loretto's helping her to Conceive a Son for the sake of a fine present made all but the Papists believe it a meer invention of the Priests whatever should insue The story of it shewed it to be of the lineage of the Popish Legends and was a matter of laughter and derision amongst the People and a subject for Poets lampoons which were so common that they were in Whitehall it self and no doubt they came to the knowledg of his Majesty and most of his Court. The more serious Protestants presently apprehended that a supposititious Son was designed to abate Your Highnesses growing Reputation and Power all the Protestants of Europe then justly looking upon her Royal Highness as Heiress apparent to the English Crown and Your Highnesses in all respects to be the fittest head for the Protestant Interest against the General Popish Design They knew this device to be necessary for supporting the Glory and Terror of the French King against the greatning reputation of Your Highnesses by the Expectancy of the English Crown 't is known that he dreads Your Highnesses Vindication and recovery of your own rights from his manifest violence and rapine and your Patronage of the Protestant Interest in all Europe against his Arbitrary and Bloody Designs He knows that if her Royal Highness succeeds to the Crown of England he will be quickly incapable of prosecuting his cruel Intentions against the Protestants of other Countries and it may be scarce capable of supporting his grandure and triumph over his miserable Subjects The very Expectation for 8 or 9 Months that the Queen might bring sorth a Son was greatly for the Popish advantage if the trick should have failed in the Issue by any unlucky accident it made a stand for a time of the Protestants of all Countries in the great Expectations from Your Highnesses it raised Triumphant hopes in all Popish Countries it strengthened the English Papists hands and hearts to prosecute their design Vigorously it incouraged Corrupt and Time-serving Protestants in Profession to fall in with their Party and prevailed with many weak Dissenters to make them believe a Succession of Popish Princes and that their Liberty of Conscience is only to be expected from them and that therefore they ought to serve in their imployments When we saw the Incredulity and Mockery of the multitude at the story of the Queens great Belly and the sad apprehensions of the more Considerate that for the politick support of the Popish design a Counterfeit Son of the King's might be imposed on the Kingdom we resolved to observe and keep memorials of the rise progress and issue of the whole matter as far as we could get intelligence We presently perceived that the Popish Priests were the prime
or the Laws of England Our Laws require and demand an entry to be made upon all Intruders into the Rights or Inheritances of another there ought to be legal Interruptions made of all wrongful Possessions however obtained A long permission of an illegitimate Child to pass for a legitimate Heir is of dangerous consequence to the true Heir of an Inheritance 't is a known Rule both in our English Laws and the Civil Laws Tacens longo tempore praesumitur consentire he that remains long without answering any thing to an Intruders claim seems to allow it We crave pardon that we must freely tell your Hss that it hath been our astonishment that your Hss have been so long silent and have deferred to make your just demand and that you have so long suffered her R. Hss Chaplains to pray publickly for this supposed Prince of Wales Your Hss Heart cannot desire the God of Truth and Righteousness to prosper such an Invasion of your own and the Kingdoms Rights nor to bless the Impostor as such being set up tho an Innocent Child to be a Tool in the hands of others to destroy the Protestant Profession your Hss claims to the greatest Inheritance and the best Civil Government known in the World. We believe your Hss to be true Christians that tremble in the Worship and Prayers before the Eternal Majesty and therefore hope such a shew of owning him will not be longer suffered to be acted before the great God that searcheth all the hearts of Princes and Subjects If your Hss shall first make this 〈…〉 and Satisfaction therein be not given by the maintainers of the supposed Prince 〈…〉 al Justice and our Laws dictate that your Hss demand a retraction by the 〈…〉 all Christian Kingdoms and States of the false News they have published of the Birth of a Prince of Wales and their Vindication of her R. Hss Right apparent to the next Succession of the Crown When a wrongful Claimer to be Heir of any Inheritance cannot prove his true Descent the Court wherein he sues his Claim not only rejects and damns his false Pretences but openly declares the Counterfeit Tricks or Forgeries that they observe to have been attempted to support the false Claim and our Laws enable the Heir that hath been disturbed to demand by his Action against the false Pretender Satisfaction for the Scandal of his lawful Title and our Laws further require his prosecution for Justice against all the known Confederates in that intended Wrong and Fraud for their several Crimes therein committed We are sensible that most Catholic Princes have a prejudice to us in the Rights we claim as English Protestants not knowing our Laws and Liberties and we have therefore proposed these two Demands to be first in order made by your Hss in the behalf of her R. Hss and the Kingdom that we might convince them that we have Reason and Justice according to their own Laws and Rules of Right to seek your Hss Protection against the King's Practices as they yet appear in forcing us to stoop to a Counterfeit Prince and to change the Succession of the Crown and the whole Government your Hss having therein a joint Concern with us and our Laws and Nature it self call upon you to defend your own and the Kingdom 's Right to preserve the Succession of the Crown as it is by the Laws established which the King had no pretence of Power to Change. But we must also humbly fly to your Hss to protect us against the horrible destruction made by the King of all our Laws for the Reformation of our Christian Religion and our Security against the open professed and mortal Enemies of our Liberties therein the King having declared to the World that those Laws shall never hereafter be put in Execution and to make our Case therein desperate hath caused his Judges to justify him in what he hath done We must also pray your Hss help against his Invasion of all our Civil Rights and Fundamental Liberties and his utter subversion of the Free Government of England by its ancient Customs and Laws We cannot doubt but your Hss will be convinced by this Memorial that we have not complained of our Oppressions until they are become intolerable nor sought any Relief save from God alone until your Highnesses justly expected inheritance and the very being of our Civil Government are in the most extream danger of utter ruine We are and have been truly Loyal to the King and never refused obedience to any of his legal Commands or any whatsoever that could consist with all our other Duties to God and our fellow Subjects We have been content to suffer personal wrongs and manifest Injustice and considered the Corruption of Men that abuses and particular wrongs will happen in all Governments and ought patiently to be born whilst the Fundamentals of Civil Government and Justice are sacredly preserved Our Christian Charity taught us that 't is better that a few suffer wrongs than to hazard for their just Relief more effusion of Blood or other Mischiefs than can be recompensed by their obtaining Right We know the Jesuites crafts might have clouded the Justice that might have been demanded in particular Cases and we have therefore staid until the Justice of what we pray is become demonstrable unto all that are not corruptly and wilfully blind or led blindfold by the Jesuites or Romish Priests We are sensible that the King hath used the Name of the Royal Authority and Prerogative in all the lawless powers that he hath exercised and we durst not pray your Hss aid against his doings if there could be reasonably any doubt or question whether the things he hath done and daily doth might be authorized by the Royal Powers and high Prerogatives which belong to the Kings of England 'T is most unquestionable that the Noble English Monarchy and Government had a legal Foundation and was and is established upon Customs Franchises and Laws peculiar to the English Nation It was always free and independent upon all the Powers and Potentates on Earth the Kings and the People are and of right were always free and absolute to bind themselves by their own Laws made by their joynt consent and not otherwise they could never be bound by any others than themselves save only by the Laws of the most high God. A King of England ceaseth to act by the English Kingly Authority or as a King of England if he yield up himself or his Subjects to be bound or subjected to any other Laws Canons or Jurisdictions than such as are made or freely received by the mutual agreement of the King and the representative Body of the Realm in Parliament 'T is declared in the St. 16 R. 2.5 that the Crown of England had been so free at all times that it hath been in Subjection to no Realm and that the same ought not in any thing touching the Regality to be submitted to the Bishop of Rome