of the Peace and Vnity of this Realm 3. And that such Person or Persons so to be Named Assigned Authorised and Appointed by Your Highness Your Heirs or Successors after the said Letters Patents to him or them made and delivered as is aforesaid shall have full Power and Authority by Vertue of this Act and of the said Letters Patents under Your Highness Your Heirs and Successors to exercise use and execute all the premisses according to the Tenor and Effect of the said Letters Patents any matter or cause to the contrary in any wise notwithstanding So that I take it that all manner of Ecclesiastical Jurisdiction was in the Crown by the Common Law of England and declared to be so by the said Act of 1 Eliz. 1. and by that Act a Power given to the Crown to assign Commissioners to exercise this Jurisdiction which was accordingly done by Queen Elizabeth and a High Commission Court was by her erected which sate and held Plea of all Causes Spiritual and Ecclesiastical during the Reign of Queen Elizabeth King James the First and King Charles the First till the 17th Year of his Reign Which leads me to consider the Statute of 17 Car. 1. ca. 11. which Act recites the Title of 1 Eliz. ca. 1. and Sect. 18. of the same Act and recites further Section 2. That whereas by colour of some Words in the aforesaid Branch of the said Act whereby Commissioners are authorised to execute their Commission according to the Tenor and Effect of the Kings Letters Patents and by Letters Patents grounded thereupon the said Commissioners have to the great and insufferable Wrong and Oppression of the Kings Subjects used to Fine and Imprison them and to exercise other Authority not belonging to Ecclesiastical Jurisdiction restored by that Act and divers other great Mischiefs and Inconveniences have also ensued to the Kings Subjects by occasion of the said Branch and Commissions issued thereupon and the Executions thereof Therefore for the repressing and preventing of the aforesaid Abuses Mischiefs and Inconveniences in time to come by Sect. 3. the said Clause in the said Act 1 Eliz. 1. is Repealed with a Non obstante to the said Act in these Words Be it Enacted by the Kings most excellent Majesty and the Lords and Commons in this present Parliament Assembled and by the Authority of the same That the aforesaid Branch Clause Article or Sentence contained in the said Act and every Word Matter and thing contained in that Branch Clause Article or Sentence shall from henceforth be Repealed Annulled Revoked Annihilated and utterly made Void for ever any thing in the said Act to the contrary in any wise notwithstanding And in Sect. 5. of the same Act it is Enacted That from and after the first of August in the said Act mentioned all such Commissions shall be void in these Words And be it further Enacted That from and after the said first Day of August no new Court shall be erected ordained or appointed within this Realm of England or Dominion of Wales which shall or may have the like Power Jurisdiction or Authority as the said High Commission Court now hath or pretendeth to have but that all and every such Letters Patents Commissions and Grants made or to be made by his Majesty his Heirs and Successors and all Powers and Authorities granted or pretended or mentioned to be granted thereby And all Acts Sentences and Decrees to be made by virtue or Colour thereof shall be utterly void and of none effect By which Act then the Power of Exercising Ecclesiastical Jurisdiction by Commissioners under the Broad-Seal is so taken away that it provides no such Power shall ever for the future be Delegated by the Crown to any Person or Persons whatsoever Let us then in the last place consider Whether the Act of 13 Car. 2. ca. 12 hath restored this Power or not And for this I take it that it is not restored by the said Act or any Clause in it and to make this evident I shall first set down the whole Act and then consider it in the several Branches of it that relate to this Matter The Act is Entituled An Act for Explanation of a Clause contained in an Act of Parliament made in the 17th Year of the Late King Charles Entituled An Act for Repeal of a Branch of Statute in Primo Elizabethae câ—ncerning Commissioners for Causes Ecclesiastical The Act it self runs thus Whereas in an Act of Parliament made in the Seventeenth Year of the Late King Charles Intituled An Act for Repeal of a Branch of a Stature primo Elizabethae concerning Commissioners for Causes Ecclesiastical It is amongst other things Enacted that no Arch-bishop Bisâ—â—p or Vicar-General nor any Chancellor nor Commissary of any Arch-Bishop Bishop or Vicar-General nor any Ordinary whatsoever nor any other Spiritual or Ecclesiastical Judge Officer or Minister of Justice nor any other Person or Persons whatsoever exercising Spiritual or Ecclesiastical Power Authority or Jurisdiction by any Grant Lisence or Commission of the Kings Majesty His Heirs or Successors or by any Power or Authority derived from the King his Heirs or Successors or otherwise shall from and after the First Day of August which then should be in the Year of our Lord God 1641. Award Impose or Inflict any Pain Penalty Fine Amercement Imprisonment or other Corporal Punishment upon any of the Kings Subjects for any Contempt Misdemeanor Crime Offence Matter or Thing whatsoever belonging to Spiritual or Ecclesiastical Cognizance or Jurisdiction 2. Whereupon some Doubt hath been made that all ordinary Power of Coertion and proceeding in Causes Ecclesiastital were taken away whereby the ordinary Course of Justice in Causes Ecclesiastical hath been obstructed 3. Be it therefore Declared and Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords and Commons in this present Parliament Assembled and by the Authority thereof That neither the said Act nor any thing therein contained doth or shall take away any ordinary Power or Authority from any of the said Arch-Bishops Bishops or any other Person or Persons named as aforesaid but that they and every of them exercising Ecclesiastical Jurisdiction may proceed determine Sentence execute and exercise all manner of Ecclesiastical Jurisdiction and all Censures and Coertions appertaining and belonging to the same before any making of the Act before recited in all Causes and Matters belonging to Ecclesiastical Jurisdiction according to the Kings Majesties Ecclesiastical Laws used and practised in this Realm in as ample Manner and Form as they did and might lawfully have done before making of the said Act. Sect. 2. And be it further Enacted by the Authority aforesaid That the afore recited Act of Decimo Septimo Car. and all the Matters and Clauses therein contained excepting what concerns the High Commission Court or the new Erection of some such like Court by Commission shall be and is thereby repealed to dlintents and purposes whatsoever
being accompanied with several other Lords at the Delivery thereof thus expressed himself The Earl of Essex's Speech at the Delivering the following Petition to His most Sacred Majesty Jan. 25. 1680. May it please your Majesty THe Lords here present together with divers other Peers of the Realm taking notice that by Your late Proclamation Your Majesty has declared an intention of calling a Parliament at Oxford and observing from History and Records how unfortunate many Assemblies have been when called at a Place remote from the Capital City as particularly the Congress in Henry the Second's time at Clarendon Three several Parliaments at Oxford in Henry the Third's time and at Coventry in Henry the Sixth's time With divers others which have proved very fatal to those Kings and have been followed with great mischief on the whole Kingdom And considering the present posture of affairs the many jealousies and discontents which are amongst the People We have great Cause to apprehend that the consequences of a Parliament now at Oxford may be as fatal to Your Majesty and the Nation as those others mentioned have been to the then Reigning Kings and therefore we do conceive that we cannot answer it to God to Your Majesty or to the People If we being Peers of the Realm should not on so Important an Occasion humbly offer our advice to Your Majesty that if possible Your Majesty may be prevailed with to alter this as we apprehend unseasonable Resolution The Grounds and Reasons of our Opinion are contained in this our Petition which We humbly Present to Your Majesty To the King 's most Excellent Majesty The Humble Petition and Advice of the Lords under-named Peers of the Realm Humbly Sheweth THat whereas Your Majesty hath been pleased by divers Speeches and Messages to Your Houses of Parliament rightly to represent to them the Dangers that Threatned Your Majesty's Person and the whole Kingdom from the Mischievous and wicked Plots of the Papists and the sudden Growth of a Foreign Power unto which no stop or remedy could be Provided unless it were by Parliament and an Union of Your Majesty's Protestant Subjects in one Mind and one Interest And the Lord Chancellor in Pursuance of Your Majesty's Commands having more at large Demonstrated the said Dangers to be as great as we in the midst of our Fears could Imagine them and so pressing that our Liberties Religion Lives and the whole Kingdom would be certainly Lost if a speedy Provision were not made against them And Your Majesty on the 21st of April 1679. Having called unto your Council many Honourable and Worthy Persons and declared to them and the whole Kingdom That being sensible of the evil Effects of a single Ministry or private Advice or Forreign Committee for the General Direction of your Affairs Your Majesty would for the future Refer all things unto that Council and by the constant Advice of them together with the frequent use of your great Council the Parliament Your Majesty was hereafter Resolved to Govern the Kingdoms We began to hope we should see an end of our Miseries But to our unspeakable Grief and Sorrow we soon found our Expectations Frustrated The Parliament then subsisting was Prorogued and Dissolved before it could perfect what was intended for our Relief and Security and though another was thereupon called yet by many Prorogations it was put off till the 21st of October past and notwithstanding Your Majesty was then again pleased to acknowledge that neither Your Person nor Your Kingdom could be safe till the matter of the Plot was gone thorow It was unexpectedly Prorogued on the 10th of this Month before any sufficient Order could be taken therein all their Just and Pious Endeavours to save the Nation were overthrown the good Bills they had been Industriously preparing to Unite all Your Majesties Protestant Subjects brought to nought The discovery of the Irish Plot stifled The Witnesses that came in frequently more fully to declare That both of England and Ireland discouraged Those Forreign Kingdoms and States who by a happy conjunction with us might give a Check to the French Power disheartned even to such a Despair of their own Security against the growing greatness of that Monarch as we fear may induce them to take new Resolutions and perhaps such as may be fatal to us The Strength and Courage of our Enemies both at home and abroad increased and our selves left in the utmost danger of seeing our Country brought into utter Desolation In these Extremities we had nothing under God to comfort us but the Hopes that Your Majesty being touched with the Groans of Your perishing People would have suffered Your Parliament to meet at the Day unto which it was Prorogued and that no further interruption should have been given to their Proceedings in Order to their saving of the Nation But that failed us too For then we heard that Your Majesty by the private suggestion of some Wicked Persons Favourers of Popery Promoters of French Designs and Enemies to Your Majesty and the Kingdom without the Advice and as we have good Reason to believe against the Opinion even of Your Privy-Council had been prevailed with to Dissolve it and to call another to meet at Oxford where neither Lords nor Commons can be in Safety but will be daily exposed to the Sword of the Papists and their Adherents of whom too many are crept into Your Majesties Guards The Liberty of speaking according to their Consciences will be thereby Destroyed and the Validity of all their Acts and Proceedings consisting in it left Disputable The Straitness of the Place no way admits of such a concourse of Persons as now follows every Parliament the Witnesses which are necessary to give Evidence against the Popish Lords such Judges or others whom the Commons have Impeached or had resolved to Impeach can neither bear the Charge of going thither nor trust themselves under the Protection of a Parliament that is it self Evidently under the power of Guards and Soldiers The Premises considered We Your Majesties Petitioners out of a Just Abhorrence of such a dangerous and pernicious Council which the Authors have not dared to avow and the direful Apprehensions of the Calamities and Miseries that may ensue thereupon do make it our most Humble Prayer and Advice That the Parliament may not sit at a Place where it will not be able to Act with that Freedom which is necessary and especially to give unto their Acts and Proceedings that Authority which they ought to have amongst the People and have ever had unless Impaired by some Awe upon them of which there wants not Precedents And that Your Majesty would be graciously pleased to Order It to Sit at Westminster it being the usual Place and where they may Consult and Act with Safety and Freedom And your Petitioness shall ever Pray c. Monmouth Kent Huntington Bedford Salisbury Clare Stanford Essex Shaftsbury Mordant Evers Paget Grey Herbert Howard Delamer The Counties
and Corporations throughout England were generally so well satisfied with the Proceedings of the Honourable House of Commons in the last Parliament That as soon as they heard of the Dissolution they Resolved to chuse the very same respective Persons again and contriv'd to make their Elections without putting the Gentlemen chosen to any Charge Thereby to crush that Pernicious Custom of over-ruling Debauchery at Choice of Members which had not only scandaliz'd the Nation but almost impoyson'd and destroyed the very Constitution of our Parliaments A Letter from the famous Town of Kingston upon Hull to Sir Michael Wharton Kt. and William Gee Esq Burgesses for that Town in the late Parliament Worthy Gentlemen WE understand you have signified to us our Magistrates your willingness to represent in the ensuing Parliament and that they have gratefully accepted of your generous Offer which if they had communicated to us our joynt compliance would have been readily manifested for we are so sensible of your integrity in the late Parliament by your indefatigable care and pains in endeavouring the security of His Majesties Sacred Person as also our Religion and Property that we cannot but rejoyce that you are pleased again to offer us that kindness which your former good Service hath engaged us to become Suitors for We do therefore return you our hearty thanks and you may be confident without your appearance or the least charge to have all our Suffrages Nemine contradicente and will as our Obligations bind us stand by your Proceedings as becomes Loyal Subjects and true Englishmen subscribing our selves Your obliged and affectionate Friends and Servants c. Which was subscribed by Matthew Johnson Esq Sheriff of the said Town and 122 more of the most Eminent Burgesses and Electors Another Letter from Lewis in Sussex on the like Occasion To their late Worthy Representatives Richard Bridger and Thomas Pellam Esquires Gentlemen WE are sensible of the great Trouble and Charge you have been at as our Representatives and of your great Care and Constancy for which we return you our hearty Thanks with our earnest Request that you would be pleased once more to favour us in the same capacity And you will thereby much Oblige Your Faithful Friends and Servants This was Subscribed by near 150 of the Inhabitants of Lewis aforesaid On the 4th of February The City of London Assembled in Common-Hall consisting of several Thousand Livery-Men having by an Unanimous Voice Elected their Old Representatives Returned them their Thanks in a Paper there Publickly Read and Approved of with a General Consent The Address of the City of London To the Honoured Sir Robert Clayton Knight Thomas Pilkington Alderman Sir Thomas Player Knight and William Love Esq late and now chosen Members of Parliament for this Honourable City of London WE the Citizens of this City in Common-Hall Assembled having Experienced the great and manifold Services of you our Representatives in the Two last Parliaments by your most faithful and unwearied Endeavours to Search into and discover the depth of the horrid and hellish Popish Plots to preserve His Majesty's Royal Person the Protestant Religion and the well established Government of this Realm to secure the Meeting and Sitting of frequent Parliaments to Assert our undoubted Rights of Petitioning and to punish such who would have Betrayed those Rights to promote the happy and long-wished for Union amongst all His Majesty's Protestant Subjects to Repeal the 35th of Elizabeth and the corporation-Corporation-Act and especially for what Progress hath been made towards the Exclusion of all Popish Successors and particularly of James Duke of York whom the Commons of England in the two last Parliaments have Declar'd and we are greatly sensible is the Principal Cause of all the Ruine and Misery impending these Kingdoms in general and this City in particular For all which and other your constant and faithful Management of our Affairs in Parliament we offer and return to you our most hearty Thanks being confidently assur'd that you will not consent to the granting any Money-Sudply until you have effectually Secur'd us against Popery and Arbitrary Power Resolving by Divine Assistance in pursuance of the same Ends to stand by you with our Lives and Fortunes And likewise there was offered another Paper directed to the Sheriffs purporting their Thanks to the several Noble Peers for their late Petition and Advice to His Majesty which was as followeth To the Worshipful Slingsby Bethel and Henry Cornish Esquires Sheriffs of the City of London and Westminster WE the Citizens of the said City in Common-Hall Assembled having read and diligently perus'd the late Petition and Advice of several Noble Peers of this Realm to His Majesty whose Counsels we humbly conceive are in this unhappy Juncture highly seasonable and greatly tending to the Safety of these Kingdoms We do therefore make it our most hearty Request that you in the Name of this Common-Hall will return to the Right Honourable the Earl of Essex and by him to the rest of those Noble Peers the Grateful Acknowledgment of this Assembly Which being Read and Approved of by a General Acclamation the Sheriffs promised to give their Lordships the Thanks of the Common-Hall in pursuance of their Request The Address of the City of Westminster Febr. 10. 1680 1. To the Honoured Sir William Poultney and Sir William Waller Knights Unanimously Elected Members of the ensuing Parliament for the Ancient City of Westminster WE the Inhabitants of this City and the Liberties thereof Assembled retaining a most grateful and indelible Sence of your prudent Zeal in the late Parliament in searching into the depth of the horrid and hellish Plots of the Papists against His Majesty's Royal Person the Protestant Religion and the Government of the Realm and in endeavouring to bring the Authors of Wicked Counsels to condign punishment And remembring also your faithful discharge of that great Trust reposed in you in vindicating our undoubted Right of Petitioning His Majesty That Parliaments may Sit for the Redress of our Grievances which Hereditary Priviledge some Bad Men would have wrested out of our Hands upon whom you have set such a just Brand of Ignominy as may deter them from the like Attempts for the time to come And further reflecting upon your vigorous Endeavours to secure to us and our Posterity the Profession of the True Religion by those Just Legal and Necessary Expedients which the great Wisdom of the Two last Parliaments fixed upon and adhered to Do find our selves obliged to make our open Acknowledgement of and to return our hearty Thanks for your eminent Integrity and Faithfulness your indefatigable Labour and Pains in the Premises not once questioning but you will maintain the same good Spirit and Zeal to secure His Majesty's Royal Person and to preserve to us the Protestant Religion wherein all good Subjects have an Interest against the secret and subtil Contrivances and open Assaults of the Common Enemy as also our Civil Rights and Properties
do no wrong But the greatest of all wrongs and that which hath been most destructive unto Thrones is by Fraud to circumvent and destroy the Innocent This is to turn a Legal King into a Nimrod a Hunter of Men This is not to act the part of a Father or a Shepherd who is ready to lay down his Life for his Sheep but such as the Psalmist complains of who eat up the People as if they eat Bread Jezebel did perhaps applaud her own Wit and think she had done a great Service to the King by finding out Men of Belial Judges and Witnesses to bring Naboth to be stoned but that unregarded Blood was a Canker or the Plague of Leprosie in his Throne and Family which could not be cured but by its overthrow and extinction But if the Attorney General cannot serve the King by abusing Juries and subverting the Innocent he can as little gain an advantage to himself by falsifying his Oath by the true meaning whereof he is to prosecute Justice Impartially and the Eternal Divine Law would annul any Oath or Promise that he should have taken to the contrary even though his Office had obliged him unto it The like Obligation lies upon Jurors not to suffer themselves to be deluded or persuaded that the Judges King's Council or any others can dispense with that Oath or any part of it which they have taken before God unto the whole Nation nor to think that they can swerve from the Rules set by the Law without a damnable breach of it The pwoer of relating or dissolving Conscientious Obligations acknowled in the Pope makes a great part of the Roman Superstition and that grand Impostor could never corrupt Kingdoms and Nations to their destruction and the Establishment of his Tyranny until he had brought them to believe he could dispense with Oaths taken by Kings unto their Subjects and by Subjects to their Kings nor impose so extravagant an Errour upon either until he had persuaded them he was in the place of God It is hard to say how the Judges or King's Council can have the same Power unless it be upon the same Title but we may be sure they may as well dispense with the whole Oath as any part of it and can have no pretence unto either unless they have the Keys of Heaven and Hell in their keeping It is in vain to say the King as any other man may remit the Oath taken unto and for himself He is not a party for himself but in the behalf of his People and cannot dispose of their Concernments without their Consent which is given only in Parliament The King's Council ought to remember they are in criminal Cases of Council unto every man in the Kingdom It is no ways referred unto the Direction of the Judges or unto them whether that secrecy enjoyned by Law be profitable unto the King or Kingdom They must take the Law as it is and render Obedience unto it until it be altered by the Power that made it To this end the Judges by Acts of Parliament viz. 18 Ed. 3. cap. 8. and 20 Ed. 3. cap. 1. are sworn to serve the People Ye shall serve our Lord the King and his People in the Office of Justice c. Ye shall deny to no man common Right by the King's Letters nor no other mans nor for no other cause and in default thereof in any point they are to forfeit their Bodies Lands and Goods This proves them to be the Peoples Servants as well as the Kings Further by the express words of the Commissions of Oyer and Terminer they are required to assist every man that suffers injury and make diligent inquisition after all manner of falshoods deceits offences and wrongs done to any man and thereupon to do Justice according to the Law so that in the whole proceedings in order unto Tryal and in the Tryals themselves the Thing principally intended which several persons are severally in their capacities obliged to pursue is the discovery of Truth The Withesses are to depose the Truth the whole Truth and Nothing but the Truth Thereupon the Council for the King are to prosecute The Grand Jury to present and the Petit Jury to try These are several Offices but all to the same End 'T is not the Prisoner but the Crime that is to be pursued This primarily the Offender but by consequence and therefore such Courses must be taken as may discover that and not such as may ensnare him When the Offence is found the impartial Letter of the Law gives the Doom and the Judges have no share in it but the pronouncing of it Till then the Judges are only to preside and take Care that every man else who is employed in this necessary Affair do his duty according to Law So that upon result of the whole transaction impartial Justice may be done either to the Acquittal or condemnation of the Prisoner Hereby it is manifest why the Judges are obliged by Oath To Serve the People as well as the King And by Commission To Serve every One that Suffers Injuries As they are to See that Right be done to the King and His injur'd Subjects in discovering of the Delinquent So they are to be of Council with the Prisoner whom the Law supposeth may be ignorant as well as innocent and therefore has provided that the Court shall be of Council for him and as well inform him of what Legal advantages the Law allows him as to resolve any point of Law when he shall propose it to them And it seems to be upon the presumption of this steady impartiality in the Judges thus obliged by all that is held Sacred before God and man to be unbyassed that the Prisoner hath no Council for if the Court faithfully perform their duty the Accused can have no wrong or hardship and therefore needs no Adviser Now suppose a man perfectly innocent and in some measure knowing in the Law should be accused of Treason or Felony If the Judges shall deny unto the Grand Jury the liberty of examining any Witnesses except in open Court where nothing shall be offered that may help to clear the Prisoner but every Thing aggravated that gives colour for the Accusation such Persons only produced as the King's Council or the Prosecutors shall think fit to call of whose Credit also the Jury must not inquire but shall be controll'd and brow-beaten in asking Questions of such unknown Witnesses for their own Satisfaction if they have any Tendency to discover the Infamy of these Witnesses or the Falshood of their Testimony How can Innocence secure any Man from being arraigned And if the Oath of the Judges should be as much forgotten in the further Proceedings upon the Trial where in Cases of Treason the Prisoner shall have all the King's Council commonly not the most unlearned prepared with studied Speeches and Arguments to make him black and odious and to Strain all his words and to alledge them
pinches he is really concerned that Ireland is not altogether an independent Kingdom and in the Hands of its own Natives he longs till the Day when the English Yoak of Boudage shall be thrown off Of this he gives us broad Hints when he tells us That England is the only Nation in the World that impedes their Trade That a Man of English Interest will never Club with them as he phrases it or project any thing which may tend to their Advantage that will be the least Bar or Prejudice to the Trade of England Now why a Man of English Interest unless he will allow none of that Nation to be an able and just Minister to his Prince should be partial to ruine one Kingdom to avoid the least Inconveniency of the other contrary to the positive Commands of his King I cannot imagine For since it is the Governour 's Duty to Rule by Law and such Orders as he shall receive from His Majesty I know no Grounds for our Authors Arraigning the whole English Nation in saying That no one Man among them of what Perswasion soever will be true either to the Laws or his Majesty's positive Orders which shall seem repugnant to the smallest Conveniencies of England This is a glory reserved only as it seems for his Hero my Lord Tyrconnel The Imbargo upon the West India Trade and the Prohibition of Irish Cattel are the two Instances given It were to be wished indeed for the Good of that Kingdom that both were taken off and I question not but to see a Day wherein it shall seem proper to the King and an English Parliament to Repeal those Laws a Day wherein they will consider us as their own Flesh and Blood a Colony of their Kindred and Relations and take care of our Advantages with as little Grudging and Repining I am sure they have the same and no stronger Reason as Cornwal does at Yorkshire There are Instances in sevral Islands in the East-Indies as far distant as Ireland is from England that make up but one Kingdom and govern'd by the same Laws but the Wisdom of England will not judge it time fitting to do this till we of Ireland be one Mans Children either in Reality or Affection we wish the latter and have made many Steps and Advances towards it if the Natives will not meet us half way we cannot help it let the Event lie at their own Doors But after all I see not how those Instances have any manner of relation to the English Chief Governors in Ireland they were neither the Causes Contrivers nor Promoters of those Acts. The King and an English Parliament did it without consulting them if they had 't is forty to one my Lord of Ormond and the Council whose Stake is so great in Ireland would have hindred it as much as possible Our Author's Argument proves indeed That 't is detrimental to Ireland to be a subordinate Kingdom to England and 't is plain 't is that he drives at let him disguise it as much as he will but the conclusion he would prove cannot at all be deduced from it Shortly I expect he will speak plainer and in down right Terms propose That the two Kingdoms may be governed by different Kings Matters seem to grow ripe for such a dilloyal Proposition If these Acts and not the Subjection to an English King were the Grievances they would be so to the British there as well as to the Natives but though we wish them Repealed we do not repine in the mean time if the British who are the most considerable Trading part of that Nation and consequently feel the ill Effects of those Acts more sensibly can be contented why the Natives should not acquiesce in it unless it be for the forementioned Reasons I cannot see Our Author allows that there are different ways of obeying the King 't is a Point gained for us and proves there may be such a Partiality exercised in executing his Majesties Commands as may destroy the very Intent of them and yet taking the Matter strictly the King is obeyed but a good Minister will consider his Masters Intentions and not make use of a Word that may have a double Sence to the Ruine of a Kingdom nor of a Latitude of Power wherewith he is intrusted to the Destruction of the most considerable Party in it Far be it from us to think it was his Majesties Intentions to depopulate a flourishing Country to undo Multitudes of laborious thriving Families in it to diminish and destroy his own Revenue to put the Sword into Mad-mens Hands who are sworn Enemies to the British No! His Majesty who is willing that Liberty of Trade as well as Conscience should equally flourish in all parts of his Dominions that recommends himself to his Subjects by his Impartiality in distributing Offices of Trust and from that Practice raises his greatest Argument to move his People to Repeal the Penal Laws never intended that some general Commands of his should be perverted to the Destruction of that People his Intention is to protect His Majesty Great as he is cannot have two Consciences one calculated for the Latitude of England another for Ireland We ought therefore to conclude in respect to the King that his Commands have been ill understood and worse executed and this may be done as our Author confesses and the King undoubtedly obeyed but such an Obedience is no better than a Sacrifice of the best Subjects the King has in this Kingdom Our Author has given very good Reasons why the Natives may be well content with their present Governor but I cannot forbear laughing at those he has found out to satisfie the poor British with My Lord Tyrconnel's most Excellent Charitable English Lady His high sounding Name TALBOT in great Letters a Name that no less frightens the Poor English in Ireland then it once did the French a Name which because he is in possession of I will not dispute his Title to but I have been credibly informed that he has no relation to that most Noble Family of Shrewsbury though my Lord Tyrconnel presumes to bear the same Coat of Arms a Name in short which I hope in time Vox praetereae nihil A Second Reason is drawn from his Education We have heard and it has never yet been contradicted that my Lord Tyrconnel from his Youth upwards has constantly born Arms against the Brittish If our Author will assure us of the contrary I am apt to believe â—i Excellency will give him no thanks who lays the foundation of his Merit upon the Basis of his constant adherence to the Iâ—ish Party What use of Consolation can be drawn from this head by the Brittish is beyond my skill to conâ—preâ—â—nd A third Reason is drawn from his Stake in England the Author would do well to shew us in what Country this lies that we may know where to find Reprisals hereafter for since he offers this for our Security 't is fit
commended or promised to stand by him For tho the Matter and Subject of the Arbitrary Act of him now upon the Throne be not as to every Branch of it so publickly Scandalous as some of the Arbitrary Proceedings of the late King were as relating to a Favor which Mankind hath a just Claim unto yet it is every way as Illegal being in reference to a Privilege which his Majesty hath no Authority to grant and bestow And were it not that there are many Dissenters who preserve themselves Innocent at this Juncture and upon whom the Temptation that is administred makes no Impression the World would have just ground to say that the Fanaticks are not governed by Principles but that the Measures they walk by are what conduceth to their private and personal Benefit or what lyes in a Tendency to their Loss and Prejudice And that it was not the late King's Usurping and exerting an Arbitrary and illegal Power that offended them but that they were not the Objects in whose Favor it was exercised 'T is also an Aggravation of their Folly as well as their Offence that they should revive a Practice which the Nation was grown asham'd of and whereof they who had been guilty begun to repent through having seen that all the former Declarations Assurances and Promises of the Royal Brothers which tempted to Applications of that kind were but so many Juggles peculiar to the late Breed of the Family for the deceiving of Mankind and that never one of them was performed and made good But the Transgression as well as the Imprudence of the present Addressers is yet the greater and they are the more Criminal and Inexcusable before God and Men in that they might have enjoyed all the Benefits of the King's Declaration without acknowledging the Justice of the Authority by which it was granted or making themselves the Scorn and Contempt of all that are truly Honest and Wise by their servile Adulations and their Gratulatory Scriblers unbecoming English-men and Protestants They had no more to do but to continue their Meetings as they had sometimes heretofore used to do without taking notice that the present Suspension of the Laws made their Assembling together more safe and freed them from Apprehensions of Fines and Imprisonments Nor could the King how much soever displeased with such a Conduct have at this time ventured upon the expressing Displeasure against them seeing as that would have been both to have proclaimed his Hypocrisie in saying That Conscience ought not to be constrained nor People forced in matters of mere Religion and a discovering the villainous Design in Subserviency to which the Declaration had been emitted so it were not possible for him after what he hath published to single out the Dissenters from amongst other Protestants and to fall upon all before Matters are more ripe for it might be a means of the Abortion of all his Popish Projections and of saving the whole Reformed Interest in Great Britain Neither would the Church of England-men have envied their Tranquility or have blamed their Carriage but would have been glad that their Brethren had been eased from Oppressions and themselves delivered from the grievous and dishonorable Task of prosecuting them which they had formerly been forced unto by Court-Injunctions and Commands And as they would have by a Conduct of this Nature had all the Freedom which they now enjoy without the Guilt and Reproach which they have derived upon themselves by Addressing so such a Carriage would have wonderfully recommended them to the Favor of a true English Parliament which tho it would see cause to condemn the King's Usurping a Power of Suspending the Laws and to make void his Declaration yet in gratitude to Dissenters for such a Behavior as well as in Pity and Compassion to them as English Protestants such a Parliament would not fail to do all it could to give them relief in a legal way Whereas if any thing Enflame and Exasperate the Nation to revive their Sufferings it will arise from a Resentment of the unworthy and treacherous Carriage of so many of them in this critical and dangerous Juncture But the Terms which through their Addressing they have owned the receiving their Liberty and Indulgence upon does in a peculiar manner enhance their Guilt against God and their Country and strangely adds to the Disgust and Anger which Lovers of Religion and the Laws of the Nation have conceived against them For it is not only upon the Acknowledgment of a Prerogative in the King over the Laws that they have received and now hold their Liberty but it is upon the Condition That nothing be preached or taught amongst them that may any ways tend to alienate the Hearts of the People from his Majesty's Person and Government He must be of an Understanding very near allied unto and approaching to that of an Irish-man who does not know what the Court-Sense of that Clause is and that his Majesty thereby intends that they are not to preach against Popery nor to set forth the Doctrines of the Romish Church in Terms that may prevent the Peoples being infected by them much less in Colours that may render them Hated and Abhorred To accuse the King's Religion of Idolatry or to affirm the Church of Rome to be the Apocalyptick Babylon and to represent the Articles of the Tridentine Faith as Faithful Ministers of Christ ought to do would be accounted an alienating the Hearts of their Hearers from the King and his Government which as they are in the foresaid Clauses required not to do so they have by their Addressing confessed the Justice of the Terms and have undertaken to hold their Liberty by that Tenor. And to give them their due they have been very Faithful hitherto in conforming to what the King Exacts and in observing what themselves have assented to the Equity of For notwithstanding all the Danger from Popery that the Nation is exposed unto and all the Hazard that the Souls of Men are in of being poysoned with Romish Principles yet instead of Preaching or Writing against any of the Doctrines of the Church of Rome they have agreed among themselves and with such of their Congregations as approve their Procedure not so much as to mention them but to leave the Province of defending our Religion and of detecting the Falshood of Papal Tenets to the Pastors and Gentlemen of the Church of England And being ask'd as I know some of them that have been why they do not preach against Antichrist and confute the Papal Dectrines they very gravely reply that by preaching Christ they preach against Anti-christ and that by Teaching the Gospel they refute Popery which is such a piece of fraudulent and guilful Subterfuge that I want words to express the knavery and criminalness of it What a reserve and change have I lived to see in England from what I beheld a few years ago It was but the other day that the Conformable Clergy
consult their own good but he comes only at the time of Enacting bringing his Royal Authority with him as it were to set the Seal thereof to the Indenture already prepared by the People for the King is Head of the Parliament in regard of his Authority not in regard of his Reason or Judgment as if it were to be opposed to the Reason or Judgment of both Houses which is the Reason both of King and Kingdom and therefore do they as consult so also interpret Laws without him supposing him to be a Person replenished with Honour and Royal Authority not skilled in Laws nor to receive Information either of Law or Councel in Parliamentary Affairs from any saving from that supreme Court and highest Councel of the King and Kingdom which admits no counterpoise being intrusted both as the wisest Counsel and justest Judicature Fourthly either the choise of the People in Parliament is to be the Ground and Rule of the Kings Assent or nothing but his Pleasure and so all Bills tho' never so necessary for publick Good and Preservation and after never so much pains and consultation of both Houses may be rejected and so they made meer Cyphers and we brought to that pass as neither to have no Laws or such only as come immediately from the King who oft is a man of Pleasure and little seen in publick Affairs to be able to judge and so the Kingdoms great Councel must be subordinated either to his meer Will and then what Difference between a free Monarchy and an absolute saving that the one rules without Councel and the other against it or at the best but to a Cabinet Councel consisting commonly of Men of private Interests but certainly of no publick Trust Ob. But if the King must consent to such Laws as the Parliament shall chuse eo nomine they may then propound unreasonable things to him as to consent to his own Deposing or to the lessening his own Revenue c. Ans So that the issue is whether it be fitter to trust the Wisdom and Integrity of our Parliament or the Will and Pleasure of the King in this case of so great and publick Concernment In a word the King being made the Fountain of Justice and Protection to his People by the fundamental Laws or Constitution of this Kingdom he is therefore to give life to such Acts and Things as tend thereunto which Acts depend not upon his Pleasure but though they are to receive their greater Vigour from him yet are they not to be suspended at pleasure by him for that which at first was intended by the Kingdom for an honourable way of Subsistence and Administration must not be wrested contrrry to the nature of this Polity which is a free and mist Monarchy and not absolute to its Destruction and Confusion so that in case the King in his Person should decline his Duty the King in his Courts is bound to perform it where his Authority properly resides for if he refuse that Honour which the Republick by its fundamental Constitution hath conferred upon him and will not put forth the Acts of it for the end it was given him viz. for the Justice and Safety of his People this hinders not but that they who have as fundamentally reserved a Power of being and well-being in their own hands by the Concurrence of Parliamentary Authority to the Royal Dignity may thereby provide for their own Subsistence wherein is acted the Kings juridical Authority though his personal pleasure be withheld for his legal and juridical Power is included and supposed in the very being and consequently in the Acts of Courts of Justice whose being he may as well suspend as their Power of Acting for that without this is but a Cypher and therefore neither their being nor their acting so depend upon him as not to be able to act and execute common Justice and Protection without him in case he deny to act with them and yet both so depend upon him as that he is bound both in Duty and Honour by the Constitution of this Polity to act in them and they for him so that according to that Axiom in Law The King can do no wrong because his juridical Power and Authority is always to controle his personal Miscarriages London's Flames Revivd OR AN ACCOUNT OF SEVERAL INFORMATIONS Exhibited to a Committee appointed by PARLIAMENT September the 25th 1666. To Enquire into the BURNING of LONDON WITH Several other Informations concerning other Fires in Southwark Fetter-Lane and elsewhere UPon the Second of September 1666. the Fire began in London at one Farriner 's House a Baker in Pudding-Lane between the Hours of One and Two in the Morning and continued burning until the Sixth of September following consuming as by the Surveyors appears in Print Three hundred seventy three Acres within the Walls of the City of London and Sixty three Acres and Three Roods without the Walls There remains Seventy five Acres and Three Roods yet standing within the Walls unburnt Eighty nine Parish Churches besides Chappels burnt Eleven Parishes within the Walls yet standing Houses burnt Thirteen thousand and two hundred Per Jonas Moore Ralph Gatrix Surveyors UPon the 18th Day of September 1666. the Parliament came together And upon the 25th of the same Month the House of Commons appointed a Committee to enquire into the Causes of the late Fire before whom the following Informations were given in and proved before the Committee as by their Report will more clearly appear bearing date the 22th of January 1666. and upon the 8th of February following the Parliament was Prorogued before they came to give their Judgment thereupon Die Martis 25 Septembris 1666. 18 Car. 2. Resolved c. THat a Committee be appointed to enquire into the Causes of the late Fire and that it be referred to Sir Charles Harbord Mr. Sandys Col. Birch Sir Robert Brook Sir Thomas Littleton Mr. Prin Mr. Jones Sir Solomon Swale Sir Thomas Tomlins Mr. Seymour Mr. Finch Lord Herbert Sir John Heath Mr. Milward Sir Richard Ford Mr. Robert Milward Sir William Lowther Sir Richard Vatley Sir Rowland Beckley Sir Thomas Allen Mr. Whorwood Mr. Coventry Serj. Maynard Sir John Talbot Mr. Morley Mr. Garraway Sir Francis Goodrick Col. Strangeways Sir Edward Massey Sir Edmond Walpool Sir Robert Atkins Sir Thomas Gower Mr. Trevor Sir Thomas Clifford Sir Henry Caesar Sir John Monson Sir John Charleton Lord Ancram Mr. Pepis Sir Richard Everard Mr. Crouch Mr. Merrel Sir William Hickman Sir Richard Brown Mr. Maynard And they are to meet to Morrow at Two of the Clock in the After-noon in the Speaker's Chamber and to send for Persons Papers and Records William Goldsbrough Cler. Dom. Com. October 9. 1666. Ordered that these Members following be added to the Committee appointed to Enquire into the Causes of the late Fire viz. Sir John Pelham Mr. Hugh Buscowen Mr. Giles Hungerford Sir William Lewis Sir Gilbert Gerrard Sir John Brampstone Mr. Milward Mr. Buscowen
the eighteen Months Assessment granted by a late Act of Parliamert Intituled An Act for raising the Sum of Twelve hundred thirty eight thousand and seven hundred and fifty Pounds for the Supply of his Majesties present Occasions be expended Except it shall appear that the Obstinacy of the Dutch shall render it necessary Nor before this Kingdom be effectually Secured from Popery and Popish Counsels and the other present Grievances be 〈◊〉 And An Address ordered to be presented to His Majesty for a Fast to be observed throughout the Nation and a Committee appointed for that purpose A further Address to be presented to his Majesty concerning the Marriage of the Duke of York with the Dutchess of Modena And the Privy Counsellors of this House to attend His Majesty to know His Pleasure when he will be attended therewith And they Adjourned till to Morrow in the Afternoon November 3. 1673. A Report from the Committee appointed for that purpose was made for an Address to be presented to His Majesty to appoint a General Fast to be observed throughout the Nation and the Concurrence of the Lords to be desired thereto The standing-Army voted a Grievance A Committee appointed to prepare an Address to be presented to his Majesty to shew how this Standing-Army is a Grievance and then adjourned till Three of the Clock in the Afternoon Mr. Speaker and the House went to attend His Majesty at Whitehall with the Address who returning Mr. Speaker reports That it was a Matter he would take into his present Consideration and would return speedily an Answer And then the House Adjourned till to Morrow Morning eight of the Clock November 4. 1673. The House of Commons having Ordered an Address to be made to his Majesty shewing that the Standing-Army was a Grievance and a Burden to the Nation and did intend that Day to wait on his Majesty to present it But his Majesty was in his Robes in the House of Peers and the Lords hastning to him the Black-Rod being sent to the Commons-House to Command the Speaker and the Commons to come to his Majesty to the House of Peers but it so happened that the Speaker and the Black-Rod met both at the Commons-House door the Speaker being within the House the Door was commanded to be shut and they cried to the Chair others said the Black-Rod was at the Door to command them to wait on the King to the House of Peers but the Speaker was hurried to the Chair Then was moved 1. That our Alliance with France was a Grievance 2. That the evil Counsel about the King was a Grievance to this Nation 3. That the Lord Lauderdale was a Person that was a Grievance to this Nation and not fit to be intrusted or imployed in any Office or Place of Trust but to be removed Whereupon they cried To the Question But the Black-Rod knocking very earnestly at the Door the Speaker rose out of the Chair and went away in a Confusion A LETTER FROM A PARLIAMENT-MAN to his FRIEND Concerning the Proceedings of the House of Commons This last Session begun the 13 of October 1675. SIR I See you are greatly Scandalized at our slow and confused Proceedings I confess you have cause enough but were you but within these Walls for one half Day and saw the strange Make and Complexion that this House is of you would wonder as much that ever you wondred at it For we are such a pied Parliament that none can say of what Colour we are for we consist of old Cavaliers old Round-heads Indigent Courtiers and true Country Gentlemen the two latter are most numerous and would in probability bring things to some Issue were they not clogged with the humorous uncertainties of the former For the old Cavalier grown Aged and almost past his Vice is damnable Godly and makes his doating Piety more a Plague to the World then his youthful Debauchery was For he is so much a Byggot to the Bishops that he forces his Loyalty to strike Sail to his Religion and could be content to pare the Nails a little of the Civil Government so you would but let him sharpen the Ecclesiastical Tallons which behaviour of his so exasperates the Round-head that he on the other hand cares not what Increases the Interest of the Crown receives so he can but diminish that of the Miter so that the Round-head had rather enslave the Man than the Conscience The Cavalier rather the Conscience than the Man there being a sufficient stock of Animosity as proper matter to work upon Upon these therefore the Courtier mutually plays For if any Anticourt motion be made he gains the Rounhead either to oppose or absent by telling them If they will joyn him now he will joyn with them for Liberty of Conscience And when any Affair is started on the behalf of the Country he assures the Cavaliers If they will then stand by him he will then joyn with them in promoting a Bill against the Fanaticks Thus play they on both hands that no Motion of a publick nature is made but they win upon the one or other of them and by this Art gain a Majority against the Country Gentlemen which otherwise they would never have Wherefore it were happy that we had neither Roundhead nor Cavalier in the House for they are each of them so Prejudicate one against the other that their sitting here signifies nothing but their Fostering their old Venome and lying at Catch to snap every Advantage to bear down each other though it be in the Destruction of their Country For if the Round-heads bring in a good Bill the old Cavalier opposes it for no other reason but because they brought it So that as the poor English Silk-weavers are feign to hire a French-man to sell their Ribbons So are the Round-heads a Cavalier to move for those Bills they desire should pass which so sowers the Round-head that he revenges that Carriage upon any Bill the Cavalier offers and the Rage and the Passion of the one and other are so powerful that it blinds them both that neither perceives the Advantage they give the Courtier to abuse both them and their Country too so that if either of them do any Good it is only out of pure Envy against the other Thus you see how we are yoked and seeing this you may cease your Admiration that we offer at all and do just nothing Nor is this Division alone of the House all we have to lament for Death that common Cure does now every Day lessen this evil but that which is more our Misery is that those Gentlemen who are truly for the Good of their Country will not be perswaded to stand upon the sure Basis of Rational Principles like Workmen too presumptive of their Judgments that will not build by Rule but rather affect the most loose Standing on the Sandy Foundation of Heat and Humour By reason of which they often do as much Harm as Good and yet
Zeal for the Protestant Religion of your Loyalty to his Majesty's Person and Government and of your faithful Endeavours for the Preservation of the Laws our Rights and Properties we now return you our most hearty Thanks and have unanimously chosen you to represent this County at the Parliament to be holden at Oxford the 21st of March next And though we have not the least distrust of your Wisdom to understand or of your Integrity and Resolution to maintain and promote our common Interests now in so great hazard yet we think it meet at this time of imminent Danger to the King and Kingdom to recommend some things to your Care And particularly we do desire 1. That as hitherto you have so you will vigorously prosecute the Execrable Popish Plot now more fully discovered and proved by the Trial of William late Viscount Stafford 2. That you will promote a Bill for excluding James D. of York and all Popish Successors from the Imperial Crown of this Realm as that which under God may probably be a present and effectual means for the preservation of his Majesty's Life which God preserve the Protestant Religion and the well-established Government of this Kingdom 3. That you will endeavour the frequent meetings of Parliaments and their sitting so long as it shall be requisite for the dispatch of those great Affairs for which they are convened as that which is our only Bulwark against Arbitrary Power 4. That you will endeavour an happy and necessary Union amongst all his Majesty's Protestant Subjects by promoting those several good Bills which were to that end before the last Parliament And that till these things be obtained which we conceive necessary even to the Being of this Nation you will not consent to bring any Charge upon our Estates And we do assure you that we will stand by you with our Lives and Fortunes in Prosecution of the good ends before recited The Address of the Town of Hertford February 21. 1680 1. To the Right Worshipful Sir William Cooper Baronet and Sir Thomas Byde Knight WE the Free-men and Inhabitants of the Burrough of Hertford in the County of Hertford having unanimously Chosen You our Representatives to Sit in the next ensuing Parliament to be holden at Oxford the 21st of March next cannot but with all Thankfulness acknowledge your most faithful Endeavours and unwearied Pains in serving us in the last Parliament searching into and discovering the late damnable Hellish Popish Plot The preservation of His Majesty's Person the Protestant Religion and the well established Government of the Realm To secure the Meeting and Sitting of frequent Parliaments to assert our undoubted Right of Petitioning and to punish such who would have betrayed those Rights To promote a happy Union amongst all His Majesty's Protestant Subjects to Repeal the Act of the 35th of Queen Elizabeth and the Corporation Act and particularly for what Progress hath been made in the Bill of Exclusion of all Popish Successors the principal Cause of all the Miseries and Ruine impending these Kingdoms in general beseeching You as now our Representatives to prosecute the same good Ends and Purposes until the Nation shall be throughly secured against Popery and Arbitrary Power both in Church and State And further in imitation of the ever Renowned City of London We Request You in our behalf to present our humble Acknowledgements to the Right Honorable the Earl of Essex and by him to all the rest of those Right Honorable Peers for their late Excellent Petition and Advice to His Majesty and for all the rest of all their Faithfull Services and Endeavours they have performed for the Protestant Interest of the Nation The Address of the Gentry and Free-holders of the County of Essex To Sir Henry Mildmay and John Lemot Honeywood Esquire Unanimously Re elected Knights for the Shire Feb. 22. 1680 1. Gentlemen THe Faithful Discharge of that Trust we formerly gave You is the true Inducement of our Chusing You again to be our Representatives being abundantly satisfied not only in Your Care and Prudence in General but also in Your Particular Care and Unwearied Diligence in Your Conscientious Endeavours to secure His Majesty's Royal Person the Protestant Religion and Government of the Realm To Unite all His Majesty's Protestant Subjects To Repeal the Act of the 35th of Elizabeth To Assert our just and ancient Rights and Priviledges and particularly that of Petitioning and to punish those who were studious to betray them For Your two excellent Addresses and Publishing Your Votes Endeavouring to secure the Meeting and Sitting of Frequent Parliaments To destroy and root out Popery by securing us against all Popish Successors and particularly by passing a Bill against James Duke of York without which we are highly sensible that all other means will be ineffectual and the Peace and Safety of the Kingdom and government it self left in great danger it being inconsistent with our Oath by which we swear against the Pope's Supremacy whil'st a Popish King himself owns it and it being against the Essence of Government that People should obey him who by his Principles as a Papist is bound to destroy them And as we do heartily thank You for Your past worthy Behaviour herein so we have chosen You to Act on our behalf in the next Parliament to be holden at Oxford in full trust and considence that with Courage and Integrity You will persevere in the same good Endeavours pursuing all things that shall be found for our Publick Good and Safety And in full Assurance that You will not consent to the disposal of any of our Moneys till we are effectually secured against Popery and Arbitrary Power And untill the Fleet and Garisons are settled in the hands of such as are Persons of known Loyalty and Fidelity to the King and Kingdom and true Zeal and Affection for the Protestant Religion and we do resolve by Divine Assistance to stand by You therein with our Lives and Fortunes 'T is observable That this Address being openly read to their Representatives and confirm'd by the Unanimous and loud Acclamations of the Free-holders for further demonstration that it was the Sense of each individual person of that Numerous Assembly it was offered that so many as agreed to it should say Ay upon which they all cried out Ay Ay. And if any were otherwise minded they were desired to express their Dissent by saying No At which there was Altum Silentium not one to be heard saying No. The Address of the Gentry and other Free-holders of the County of Surrey being in number about 2000 Feb. 23. 1680 1. To Arthur Onslow and George Evelin Esquires elected Knights for this County in the ensuing Parliament whose Session is appointed at Oxon the 21st of the following Month. WE the Free-holders of the County of Surrey having in the two former Parliaments chosen you to be our Representatives and being fully satisfied in your Faithfullness and Care to preserve the Protestant Religion
next morning the draught being so much changed and interlined that many even of the most engaged in the Debate did not sufficiently understand it and though they took notes knew not precisely how it stood And this was indeed the Earls case in particular and the cause why in Voting he did forbear either to approve or disapprove His part in the debate was that in the entry of it he said that he thought as few Oaths should be required as could be and these as short and clear as possible That it was his humble opinion that a very small alteration in these Acts which had been used these twenty years might serve for it was manifest and he attested the whole Parliament upon it That the Oath of Allegiance and Declaration had effectually debarred all Fanaticks from getting into places of trust all that time It was true some Papists had swallowed the Oath of Allegiance and therefore a word or two only of addition to guard against them was all he judged necessary And there after where in the close of the Act The Kings Sons and Brothers were intended to be dispensed with from taking the Test he opposed the exception and said it was our happiness that King and People were of one Religion and that they were so by Law That he hoped the Parliament would do nothing to loose what was fast nor open a gap for the Royal Family to differ in Religion their example was of great consequence one of them was as a thousand and would draw the more followers if once it appeared to the people that it were honourable and a priviledge to be of another Religion And therefore he wished if any exception were it might be particular for his Royal Highness but his Highness himself opposing this the Earl concluded with his fear that if this exception did pass it would do more hurt to the Protestant Religion than all the rest of that Act and many other Acts could do good Whilst these Acts about Religion were in agitation his Highness told the Earl one day in private to beware of himself for the Earl of Errol and others were to give in a Bill to the Parliament to get him made liable to some debts they pretended to be Cautioners in for his Father and that those that were most forward in His Majesties service must be had a care of The Earl â—aid he knew there was no ground for any such Bill and he hoped neither the Earl of Errol nor any other should have any advantage of him upon any head relating to His Majesties service His Highness told others likewise he had given the Earl good advice But shortly after the above-mentioned debates there were two Bills given into the meeting of the Articles against the Earl one by the Earl of Errol the other by His Majesties Advocate who alledged he did it by command for otherwise he acknowledged it was without his line The Earl of Errol's claim was that the Earl of Argyle might be declared liable to relieve him and others of a debt wherein they alledged they stood bound as Cautioners for the late Marquess of Argyle the Earl's Father To which the Earl answered that he had not got his Fathers whole Estate but only a part of it and that expressly burdened with all the debts he was liable to pay whereof this pretended debt was none and that the Marquess of Huntly who at that time was owing to the Marquess of Argyle 35000 l. Sterl had got 4000 l. Sterl of yearly Rent out of the Marquess of Argyle's forfaulture without the burden of any debt so that both by Law and Equity the Earl could not be liable the Marquess of Huntly and not he having got that which should bear this relief and which should indeed have payed the far greatest part of the Marquess of Argyle's debt the same having been undertaken for Huntly by Argyle either as Cautioner for Huntly or to raise money to pay his debt Besides that the Earl of Errol can never make it appear that he or his Predecessors were bound for the Marquess of Argyle in the third part of the sums he acclaims yet some were much inclined to believe Errol on his bare assertion His Majesties Advocates claim was to take from the Earl his heritable Offices of Sheriff c. especially that of Justice-General of Argyle-Shire the isles and other places which last is nevertheless only a part of the general Justitiary of all Scotland granted to his Predecessors some hundred of years ago for honourable and onerous causes and constantly enjoyed by them until expressly surrendered in his late Majesties hands for a new Grant of the above-mentioned Justitiary of Argyle c. And this new Grant was also confirmed by many Acts of Parliament and particularly by His Majesties Royal Father of Blessed Memory in the Parliament holden by him Anno 1633. As likewise by His Majesty that now is whom God long preserve his new Gift and Charter after several Debates before him in Anno 1663. and 1672. Which new Gifts and Charters were again ratified by a special instruction from His Majesty in the Parliament 1672. So that albeit several late Gifts of Regality granted to the Marquess of Athol Marquess of Queensberry and others may be questioned because granted since the Acts of Parliament discharging all such Gifts in time coming yet the Earl of Argyl's rights are good as being both of a far different nature and granted long before the said Acts of Parliament and in effect the Earl his rights are rather confirmed by these prohibitive Acts because both anterior to and excepted from them as appears by the Act Salvo Jure 1633. Wherein the Earls rights are particularly and fully excepted in the body of the printed Act. When these things appeared so plain as not to be answered It was alledged that upon the forfaulture of the late Marquess of Argyl his Estate was annexed to the Crown and so could not be gifted to the Earl by His Majesty wherein they soon discovered a design to forfault him if any pretence could be found But the Act of Forfaulture being read and containing no such thing but on the contrary a clear power left to His Majesty to dispose of the whole and the Earl telling them plainly that these that were most active to have his Father forfaulted were very far from desiring his Estate to be annexed to the Crown seeing it was in expectation of Gifts out of it they were so diligent that pretence of the annexation was past from but yet the design was no wise given over for there was a proposition made and a Vote carried in the Articles that a Committee should be appointed with Parliamentary power to meet in the intervals of Parliament to determine all controversies could be moved against any of the Earls rights Which was a very extraordinary device and plainly carried by extraordinary influences Upon this the Earl applyed to the Parliament where this Vote was to be
for securing all these appointed a Test to be taken by all who should be entrusted with the Government which bears expresly That the same should be taken in the plain and genuine sense and meaning of the words We were very careful not to suffer any to take the said Oath or Test with their own Glosses or Explications But the Earâ— of Argyle having after some delays come to Council to take the said Oath as a Privy-Councellor spoke some things which were not then heard nor adverted to and when his Lordship at his next offering to take it in Council as one of the Commissioners of Your Majesties Treasury was commanded to take it simply he refused to do so but gave in a Paper shewing the only sense in which he would take it which Paper we all considered as that which had in it gross and scandalous Reflections upon that excellent Act of Parliament making it to contain things contradictory and inconstant and thereby depraving Your Majesties Laws misrepresenting Your Parliament and teaching Your Subjects to evacuate and disappoint all Laws and Securities that can be enacted for the preservation of the Government suitable to which his Lordship declares in that Paper That he means not to bind up himself from making any alterations he shall think fit for the advantage of Church or State and which Paper he desires may be looked upon as apart of his Oath as if he were the Legislator and able to add a part to the Act of Parliament Upon serious perusal of which Paper we found our selves obliged to send the said Earl to the Castle of Edinburgh and to transmit the Paper to Your Majesty being expresly obliged to both these by Your Majesties express Laws And we have commanded your Majesties Advocate to raise a pursuit against the said Earl for being Author and having given in the said Paper And for the further prosecution of all relating to this Affair we expect Your Majesties Commands which shall be most humbly and faithfully obeyed by Edinburgh Nov. 8. 1681. Your Majesties most Humble most Faithful and most Obedient Subjects and Servants Sic Subscribitur Glencairne Winton Linlithgow Perth Roxburgh Ancram Airlie Levingstoun Jo. Edinburgen Ross Geo. Gordoun Ch. Maitland G. Mekenzie Ja. Foulis J. Drumond Novemb. 15. 1681. The Kings Answer to the Councils Letter C. R. MOst dear c. Having in one of your Letters directed unto us of the 8. Instant received a particular account of the Earl of Argyle's refusing to take the Test simply and of your proceedings against him upon the occasion of his giving in a Paper shewing the only sense in which he will take it which had in it gross and scandalous Reflections upon that excellent late Act of our Parliament there by which the said Test was enjoyned to be taken we have now thought fit to let you know that as we do hereby approve these your Proceedings particularly your sending the said Earl to our Castle of Edinburgh and your commanding our Advocate to raise a Pursuit against him for being Author of and having given in the said Paper so we do also authorize you to do all things that may concern the further prosecution of all relating to this Affair Nevertheless it is our express Will and Pleasure That before any Sentence shall be pronounced against him at the Conclusion of the Process you send us a particular account of what he shall be found guilty of to the end that after our being fully informed thereof we may signifie our further pleasure in this matter For doing whereof c. But as notwithstanding the Councils demanding by their Letter His Majesties allowance for prosecuting the Earl they before any return caused His Majesties Advocate to exhibit an Indictment against him upon the points of slandering and depraving as hath been already remarked so after having received His Majesties answer the design grows and they thought fit to order a new Indictment containing beside the former points the Crimes of Treason and Perjury which accordingly was exhibited and is here subjoyned the difference betwixt the two Indictments being only in the particulars above noted The Copy of the Indictment against the Earl of Argyle Archibald Earl of Argyle YOU are Indicted and Accused That albeit by the Common Law of all well-govern'd Nations and by the Municipal Laws and Acts of Parliament of this Kingdom and particularly by the 21st and by the 43d Act Par. 2 James 1. and by the 83d Act Par. 6. James 5. and by the 34th Act Par. 8. James 6. and the 134th Act Par. 8. James 6. and the 205th Act Par. 14. James 6. All Leasing-makers and tellers of them are punishable with tinsel of Life and Goods like as by the 107th Act Par. 7. James 1. it is statuted That no man interpret the Kings Statutes otherwise than the Statute bears and to the intent and effect that they were made for and as the makers of them understood and who so does in the contrary to be punished at the Kings will And by the 10th Act Par. 10. James 6. it is statuted That none of His Majesties Subjects presume or take upon him publickly to declare or privately to speak or write any purpose of reproach or slander of His Majesties Person Estate or Government or to deprave his Laws or Acts of Parliament or misconstrue his proceedings whereby any mistaking may be moved betwixt his Highness his Nobility and loving Subjects in time coming under pain of death certifying them that does in the contrary they shall be reputed as seditious and wicked Instruments enemies to his Highness and to the Commonwealth of this Realm and the said pain of death shall be executed against them with all rigour to the example of others And by the second Act Ses 2. Par. 1. Char. 2. it is statuted That whosoever shall by Writing Libelling Remonstrating express publish or declare any words or sentences to stir up the people to the dislike of His Majesties Prerogative and Supremacy in causes Ecclesiastick or of the Government of the Church by Archbishops and Bishops as it is now settled by Law is under the pain of being declared incapable to exercise any Office Civil Ecclesiastick or Military within this Kingdom in any time coming Like as by the fundamental Laws of this Nation by the 130th Act Par. 8. James 6. it is declared That none of His Majesties Subjects presume to impugn the Dignity or Authority of the three Estates or to procure innevation or diminution of their Power and Authority under the pain of Treason And that it is much more Treason in any of His Majesties Subjects to presume to alter Laws already made or to make new Laws or to add any part to any Law by their own Authority that being to assume the Legislative Power to themselves with His Majesties highest and most incommunicable Prerogative Yet true it is that albeit His Sacred Majesty did not only bestow on you the said Archibald Earl of Argyle
State as to the legality of which they were themselves to be Judges and how far from degree to degree this at last may come to absolute Anarchy and how scandalous a thing as well as unsecure this new way may look in an Age wherein we are too much tracing the steps of our rebellious Progenitors in the last whose great defection and error was That they thought themselves and not the King the Authors of Reformation in Church and State And no man ever was barred by that that the way he was upon was not a lawful way for if it be allowed to every man to take his own way every man will think his own way to be the lawful way As to the Perjury it is founded on this First That Perjury may be committed not only by breaking an Oath but even in the swearing of it viz. To swear it with such Evasions as make the Oath ineffectual for which Sanderson is cited pag. 138. Alterum Perjurii genus est novo aliquo excogitato Commento Juramenti vim declinare aut eludere Jurans tenetur sub pâ—na Perjurii implere Secundum Intentionem deferentis both which are here For the Earl being bound by the very Oath to swear in the genuine meaning without any evasion he has sworn so as he has evaded every word there being not one word to which it can be said particularly he is bound as is said And it is undeniable that he has not sworn in the sense of the makers of the Law but in his own sense which is Perjury as is said And consequentially whatever sense may be allowed in ambiguous Cases yet there can be none where the Paper clearly bears Generals And where he declares That he takes it in his own sense His Majesties Advocate declares he will not burden himself that Copies were disperst tho it is certain since the very Paper it self by the giving in is chargeable with all that is above charged upon it Sir John Dalrymple's Defence and Plea for the Earl of Argyle by way of Reply upon the King's Advocate SIR John Dalrymple replies for the Pannel That since the solid grounds of Law adduced in the Defences have received no particular Answers in relation to the common consent of all Casuists viz. That a party who takes an Oath is bound in Conscience to clear and propose the terms and sense in which he does understand the Oath Nor in relation to the several Grounds adduced concerning the legal and rational Interpretation of dubious Clauses And since these have received no Answers the Grounds are not to be repeated but the Proctors for the Pannel do farther insist on these Defences 1. It is not alledged That any Explanation was given in by the Pannel to any person or any Copy spread before the Pannel did take the Test in Council So that it cannot be pretended That the many Scruples that have been moved concerning the Test did arise from the Pannel's Explication But on the contrary all the Objections that are answered and obviated in the Pannel's Explication were not only privately muttered or were the thoughts of single or illiterate persons but they were the difficulties proposed by Synods and Presbyteries long before the Pannel came from home or was required to take the Test So that the general terms of the Acts of Parliament founded upon in the Libel are not applicable to this Case For as these Laws in relation to Leasing-makers are only relative to atrocious wilful Insinuations or misconstructions of His Majesties Person or Government or the open depraving of his Laws so the restrictive Cause whereby sedition or misconstructions may be moved raised or engendered betwixt His Majesty and his Liedges cannot be applied to this Case where all these Apprehensions and Scruples were on foot and agitated long before the Pannel's Explanation As it cannot be pretended That any new dust was raised by the Pannel's Explanation so it is positively offered to be proved That there is not one word contained in this Explanation but that either these individual words or much worse had been publickly proposed and verbatim read in Council without the least discouragement or the least objection made by any Member of the Council And where a Writing ex proposito read in so high a Court was universally agreed upon without the alteration of a Syllable how can it be pretended That any person thereafter using the said individual terms in any Explanation and far easier terms that they shall incur the high and infamous Crimes libelled And the question is not here Whether the Council was a proper Judicature to have proposed or imposed a sense or allowed any Explanation of the Test to be published but that it is impossible that a sense they allowed or being publickly read before them and which the Kings Advocate did not controul that this should import Treason or any Crime And tho the Pannels Advocate will not pursue or follow the Reply that has been made to this point yet certainly no man of sober sense will think that it is fit to insinuate that so high a Judicature might have authorised or acquiesced in such Explanations as the Liedges thereafter should be entrapped to have used If the Pannel had officiously or ulteroneously offered a sense or Explanation of His Majesties Laws which the Laws themselves could not have born it might justly have been alledged that he was extra ordinem and medling in a matter he was not concerned in but where the Act of Council did enjoyn and he was required and cited to that effect It could neither be constructed as ostentation or to move or encourage Scruples or Resistance but it was absolutely necessary either for to have refused the Test or else to have declared what he thought to be the true and genuine meaning of it And there being so many objections publickly moved and known his Explanation was nothing else but to clear That he did not look upon these Scruples and Objections moved by others as well sounded and rational in themselves and therefore he was able to take the Test in that sense the Council had heard or allowed And it is not controverted that the sense of the Legislator is the genuine sense both of Laws and Oaths And if a person were only interpreting the meaning of either a Law or an Oath imposed he should deprave and misconstruct the Law and Oath if he rendred it wittingly and willingly in terms inconsistent with the meaning of the imposer But there is a great difference betwixt taking of Oaths and interpreting Oaths For when a man comes to take an Oath except his particular sense did agree with the genuine meaning of the imposer he cannot take that Oath tho he may very well interpret and declare what is the sense of the Legislator which he may know and yet perhaps not be able to take the Oath And therefore when there is any doubtfulness in an Oath and a party is bound to take it
Land to cut off these workers of Iniquity whose Religion is Rebellion whose Faith is Faction whose practice is murthering of Souls and Bodies and to root them out of the Confines of this Kingdom VII All the Judges of England are bound by their Oath 18 Edw. III. 20 Edw. III. Cap. 1.2 and by the duty of their place to disobey all Writs Letters or Commands which are brought to them either under the little Seal or under the great Seal to hinder or delay common Right Are the Judges all bound in an Oath and by their places to break the 13 of the Romans VIII The Engagement of the Lords attending upon the King at York June 13. 1642. which was subscribed by the Lord Keeper and Thirty Nine Peers besides the Lord Chief-Justice Banks and several others of the Privy-Council was in these words We do engage our selves not to Obey any Orders or Commands whatsoever not warranted by the known Laws of the Land Was this likewise an Association against the 13 of the Romans IX A Constable represents the King's person and in the Execution of his Office is within the purview of the 13 of the Romans as all Men grant but in case he so far pervert his Office as to break the Peace and commit Murther Burglary or Robbery on the Highway he may and ought to be Resisted X. The Law of the Land is the best Expositor of the 13 of the Romans Here and in Poland the Law of the Land There XI The 13 of the Romans is receiv'd for Scripture in Poland and yet this is expressed in the Coronation Oath in that Country Quod si Sacramentum meum violavero Incola Regni nullam nobis Obedientiam praestare tenebuntur And if I shall violate my Oath the Inhabitants of the Realm shall not be bound to yield me any Obedience XII The Law of the Land according to Bracton is the highest of all the Higher Powers mentioned in this Text for it is superior to the King and made him King Lib. 3. Cap. 26. Rex habet superiorum Deum item Legem per quam factus est Rex item Curiam suam viz. Comites Barones and therefore by this Text we ought to be subject to it in the first place And according to Melancthon It is the Ordinance of God to which the Higher Powers themselves ought to be subject Vol. 3. In his Commentary on the Fifth Verse Wherefore ye must needs be subject not only for Wrath but also for Conscience sake He hath these words Neque vero haec tantum pertinent ad Subditos sed etiam ad Magistratum qui cum fiunt Tyranni non minus dissipant Ordinationem Dei quam Seditiosi Ideo ipsorum Conscientia fit rea quia non obediunt Ordinationi Dei id est Legibus quibus debent parere Ideo Comminationes hic positae etiam ad ipsos pertinent Itaque hujus mandati severitas moveat omnes ne violationem Politici status putent esse leve peccatum Neither doth this place concern Subjects only but also the Magistrates themselves who when they turn Tyrants do no less overthrow the Ordinance of God than the Seditious and therefore their Consciences too are guilty for not obeying the Ordinance of God that is the Laws which they ought to obey So that the Threatnings in this place do also belong to them wherefore let the severity of this Command deter all men from thinking the Violation of the Political Constitution to be a light Sin Corollary To destroy the Law and Legal Constitution which is the Ordinance of God by false and arbitrary Expositions of this Text is a greater Sin than to destroy it by any other means For it is Seething the Kid in his Mothers Milk CHAP. IV. Of LAWS I. THere is no Natural Obligation wereby one Man is bound to yield Obedience to another but what is founded in paternal or patriarchal Authority II. All the Subjects of a patriarchal Monarch are Princes of the Blood III. All the people of England are not Princes of the Blood IV. No Man who is Naturally Free can be bound but by his own Act and Deed. V. Publick Laws are made by publick consent and they therefore bind every man because every man's consent is involved in them VI. Nothing but the same Authority and Consent which made the Laws can Repeal Alter or Explain them VII To judge and determine Causes against Law without Law or where the Law is obscure and uncertain is to assume Legislative power VIII Power assumed without a Man's consent cannot bind him as his own Act and Deed. IX The Law of the Land is all of a piece and the same Authority which made one Law made all the rest and intended to have them all Impartially Executed X. Law on One Side is the Back-Sword of Justice XI The Best Things when Corrupted are the Worst and the wild Justice of a State of Nature is much more desirable than Law perverted and over-rul'd into Hemlock and Oppression Copies of Two Papers Written by the Late King CHARLES II. Published by His MAJESTIES Command Printed in the Year 1686. The First Paper THE Discourse we had the other Day I hope satisfied you in the main that Christ can have but one Church here upon Earth and I believe that it is as visible as that the Scripture is in Print That none can be that Church but that which is called the Roman Catholick Church I think you need not trouble your self with entring into that Ocean of particular Disputes when the main and in truth the only Question is Where that Church is which we profess to believe in the two Creeds We declare there to believe one Catholick and Apostolick Church and it is not left to every phantastical man's head to believe as he pleases but to the Church to whom Christ left the power upon Earth to govern us in matters of Faith who made these Creeds for our Directions It were a very Irrational thing to make Laws for a Country and leave it to the Inhabitants to be the Interpreters and Judges of those Laws For then every man will be his own Judge and by consequence no such thing as either right or wrong Can we therefore suppose that God Almighty would leave us at those uncertainties as to give us a Rule to go by and to leave every man to be his own Judge I do ask any ingenuous man whether it be not the same thing to follow our own Fancy or to interpret the Scripture by it I would have any man shew me where the power of deciding matters of Faith is given to every particular man Christ left his power to his Church even to forgive Sins in Heaven and left his Spirit with them which they exercised after his Resurrection First by his Apostles in these Creeds and many years after by the Council at Nice where that Creed was made that is called by that name and by the power which they
to the Church of Rome or upon rendring the Monarchy unlimited and independent on the Law would have been thought to have laid a Snare for exposing the Papists to greater Severities than they were obnoxious unto before and to have projected the robbing the Crown of the Prerogatives which belong unto it by the Rules of the Constitution and to which it was so lately restored And the despair of succeeding would have rendred the Royal Brothers deaf to all Importunities from Romish Emissaries and Court Minions Neither the Promises and Oaths which they had made and taken beyond Sea to introduce Popery nor their Ambition to advance themselves beyond the restraint of Laws and the Controul of Parliaments would have prevailed upon them to have encountred the Hazards and Difficulties which in case of the Union of English Protestants must have attended and ensued upon Attempts and Endeavours of the one kind and of the other Or should their beloved Popery and their own Bigottedness in the Romish Superstition have so far transported them beyond the bounds of Wisdom and Discretion as to have appeared possessed with an Intention of subverting the Protestant Religion and of enslaving the Nation to the Superstition and Idolatry of Rome they would have been made soon to understand That the Laws which make it Treason to own the Jurisdiction of the Pope or to seduce the meanest Subject to the Church of Rome were not enacted in vain and that those as well as many more made for the Security of the Protestant Religion and to prevent the growth and introduction of Popery were not to be dallied and plaid withal Or should they have been so far infatuated and abandoned of all Understanding as out of a foolish and haughty Affectation of being Absolute to have attempted the Alteration of the Civil Government they would have been immediately and unanimously told That the People have the same Right to their Liberties that the King hath to the Prerogatives of the Crown And if they would not have been contented with what belongs unto the Prince by the Common and Statute-Laws of the Realm but had invaded the Priviledges reserved unto the Subject they would have been made to know that they might not onely be withstood in what they strove to Usurp contrary to Magna Charta the Petition of Right and other Laws of the Kingdom but that thereby they forfeited and might be disseized of what either appertained unto the Crown by fundamental Agreements or hath been since settled upon the Monarch by Statute-Laws Nor could any thing have emboldened his late Majesty and the present King to Enterprizes of the one kind or the other but the prospect of begetting a Misunderstanding Jealousie and Rancor among Protestants and thereby both of making them instrumental to the ruin of one another and contributary to the loss of English Liberty and the Reformed Religion which they equally value and esteem and to the setting up Popery and Tyranny which the one detesteth and abhorreth no less than the other Though all English Protestants have ever been at an Accord in all the Essentials and Vitals of Religion yet from the very beginning of the Reformation there have been Differences among them concerning Ecclesiastical Government and Discipline and about Forms Rites and Ceremonies of Worship And had they consulted either their Duty to God or the common Interest of Religion they might have found ways either for removing the occasions of them or they ought to have lived together as Brethren notwithstanding the differences which were among them in those things But how much wiser are the Children of this World than those of the Kingdom of God and of Jesus Christ For though the differences among the Papists do far exceed ours both in their number and in the Importance of those things wherein they disagree yet they do mutually tolerate and bear with one another The matters wherein they differ are neither made the Terms of their Church-Communion nor the Grounds of mutual Excommunications and Persecutions But alas one Party among us hath been always endeavouring to cut or stretch others to their own Size and have made those things which themselves stile Indifferent both the Qualifications for admission to the Pastoral Office and the Conditions of Fellowship in the Ordinances of the Gospel Nor is it to be expressed what Advantages were hereby administred all along to the Common Enemy and what Sufferings peaceable and orthodox Christians were exposed unto from their peevish and angry Brethren And though these Things with the Heats begotten among all and the Calamities undergone by one side were not the cause of that funestous War betwixt Charles the First and the Parliament yet they were an occasion of diverting Thousands from the side which the Persecuting Church-men espoused and engaging them in the behalf of the two Houses in the Quarrel which they begun and carried on against that Prince for defence of the Civil Liberties Priviledges and Rights of the People but some of the Mitred Clergy were so far from being made wise by their own and the Nations Sufferings as upon their Restoration to hearken to moderate Counsels and to decline their former Rigours and Severities that they became the Tools and Instruments of the Court not onely for reviving but for heightning and enflaming all the Differences which had formerly been among English Protestants For the Royal Brothers finding nothing more adapted and subservient than this to their Design of altering the Government and subverting Religion they animated those waspish and impolitick Ecclesiasticks not onely to pursue the Restoration of all those things which had given rise and occasion to former Dissentions and Persecutions but to lay new Snares for alienating many persons of unspotted lives and tender Consciences from the Church and of rendring them obnoxious to suffer in their Names Persons and Estates And what a satisfaction was it to the late King and his Brother to find the old Episcopal Clergy prepared through Principles of revenge as well as from Love of Domination Ambition and Covetousness to fall in with the Design not onely of Increasing Divisions among Protestants both by making the Conditions of entring upon the Pastoral Function narrower and for screwing Conformity with the Church in her Forms and Ceremonies of Worship into Tests for admission to Magistracy and Civil Trusts but of obtaining several Laws against Dissenters whereby the Penalties to which they foresaw that People would become liable were rendred greater than they had been before and their Sufferings made more merciless inhumane and intolerable For though his late Majesty had by a Declaration dated at Breda promised Indulgence to all Protestants that would live peaceably under the Civil Government yet it was never in his Thoughts to perform it and the previous Obligations which he was under to the Church of Rome had a virtue to supersede and cancel his Engagements to English Hereticks And all he intended by that Declaration was onely to wheedle
and Historical as may serve to place it in the brightest Light and fullest Evidence that a matter future and yet to come which is only the object of our prospect and dread and not of our feeling and experience is capable of It ought to be of weight upon the minds of all English Protestants that the King of Great Britain is not only an open and avow'd Papist but as most Apostates use to be a fiery Bigot in the Romish Religion and who as the Leige Letter from a Jesuit to a Brother of the Order tells us is resolved either to Convert England to Popery or to dye a Martyr Nor were the Jewish Zealots of whose rageful Transports Josephus gives us so ample an Account nor the Dervises among the Turks and Indians of whose mad Attempts so many Histories make mention more brutal in their Fanatical Heats than a Popish Bigot useth to be when favored with Advantages of exerting his Animosity against those who differ from him if he be not carefully watched against and restrained Beside the innumerable Instances of the Tragical Effects of Romish Bigottry that are to be met with in Books of all kinds we need go no farther for an Evidence of it than to consult the Life of Dominick the great Instigator and Promoter of the Massacre of the Waldenses and the Founder of that Order which hath the Management of the Bloody Inquisition together with the Life of Henry the Third of France who contrary to the Advice of Maximilian the Emperor and the repeated Intreaties of the wisest of his own Counsellors the Chancellor de l' Hospital and the President de Thou not only revived the War and Persecution against his Reformed Subjects after he had seen what Judgments the like Proceedings had derived upon his Predecessors and how prejudicial they had proved to the Strength Glory and Interest of his Crown and Kingdom but he entred into a League with those that fought to depress abdicate and depose him and became the Head of a Faction for the destroying that part of his Subjects upon whom alone he could rely for the defence of his Person and support of his Dignity Nor were the Furies of the Duke de Alva heretofore or the present Barbarities of Louis the Fourteenth so much the Effects of their haughty and furious Tempers as of their Bigottry in their inhuman and sanguinary Religion That the King of England is second to none in a blind and rageful Popish Zeal his Behaviour both while a Subject and since he arrived at the Crown doth not only place it beyond the limits of a bare Suspition but affords us such Evidences of it as that none in consistency with Principles of Wisdom and Discretion can either question or contradict it To what else can we ascribe it but to an excessive Bigottry That when the Frigot wherein he was Sailing to Scotland anno 1682. struck upon the Sands and was ready to sink he should prefer the Lives of one or two pitiful Priests to those of Men of the greatest Quality and receive those Mushroons into the Boat in which himself escaped while at the same time he refused to admit not only his own Brother-in-Law but divers Noblemen of the Supremest Rank and Character to the benefit of the same means of Deliverance and suffered them to perish though they had undertaken that Voyage out of pure respect to his Person and to put an Honor upon him at a Season when he wanted not Enemies Nor can it proceed from any thing but a violent and furious Bigottry that he should not only disoblige and disgust the two Universities of whose Zeal to his Service he hath receiv'd so many seasonable and effectual Testimonies but to the Violation both of the Laws of God and the Kingdom offer force to their Consciences as well as to their Rights and Franchises and all this in favor of Father Francis whom he would illegally thrust into a Fellowship in Cambridge and of Mr. Farmer whom he would arbitrarily obtrude into the Headship of a College in Oxford who as they are too despicable to be owned and stood for in Competition against two famous Universities whose greatest Crime hath been an Excess of Zeal for his Person and Interest when he was Duke of York and a measure of Loyalty and Obedience unto him since he came to the Crown beyond what either the Rules of Christianity or the Laws of the Kingdom exact from them so he hath ways enough of expressing Kindness and Bounty to those two little contemptible Creatures and that in Methods as beneficial to them as the Places into which he would thrust them can be supposed to amount unto and I am sure with less Scandal to himself and less Offence to all Protestants as well as without offering Injury to the Rights of the University or of compelling those learned grave and venerable Men to perjure themselves and act against their Duties and Consciences The late Proceedings towards Dr. Burnet are not only contrary to all the Measures of Justice Law and Honor but argue a strange and furious Bigottry in His Majesty for Popery there being nothing else into which a Man can resolve the whole Tenor of his present Actings against Him seeing setting aside the Doctor 's being a Protestant and a Minister of the Church of England and his having vindicated the Reformation in England from the Calumnies and Slanders wherewith it was aspersed by Sanders and others of the Roman Communion and the approving himself in some other Writings worthy of the Character of a Reformed Divine and of that esteem which the World entertains of him for Knowledge in History and all other parts of good Learning there hath nothing occurred in the whole Tenor and Trace of his Life but what instead of Rebuke and Censure hath merited Acknowledgments and the Retributions of Favor and Preferment from the Court. Whosoever considers his constant Preaching up Passive Obedience to such a Degree and Height as he hath done may very well be surprised at the whole Method of their present Actings towards him and at the same time that they find cause to justifie the Righteousness of God in making them the Instruments of his Persecution whom in so many ways he had sought to oblige they may justly conclude that none save a Bigotted Papist could be the Author of so insuitable as well as illegal and unrighteous Returns For as to all whereof he is accused in the Criminal Letters against him bearing date the 19th of April 1687. I my self am both able to assert his Innocence and dare assure the World that none of the Persons whom he is charged to have conspired with against the King would have been so far void of Discretion knowing his Principles as to have transacted with him in Matters of that kind but whether his Letters since that to the Earl of Middletoune with the Paper inclosed in one of them have administred any Legal Ground for their Second Citation
Proclamation dated at Windsor the 28th of June 1687 for granting further Liberty in Scotland and which was published there by an Order of the Privy Council of that Kingdom bearing date at Edinburgh the 5. of July This Superfoetation of one Proclamation after another in reference to the same thing is so apportioned and parallel to the late French method of emitting Edicts in relation to those of the Reformed Religion in that Kingdom that they seem to proceed out of one mint to be calculated for the same end and to be designed for the compassing and obtaining the like effects For assoon as an Alarm was taken at the publishing of some unreasonable and rigorous Edict there used often to follow another of a milder strain which was pretended to be either for the moderating the severities of the former or to remove and rectifie what they were pleased to call misconstructions unduly put upon it but the true end whereof was only to stifle and extinguish the Jealousies and Apprehensions that the other had begotten and excited and which had they not been calmed and allay'd might have awakened the Protestants there to provide for their safety by a timely withdrawing into other Countries if they had not been provoked to generous endeavours of preventing the final suppression of their Religion and for obviating the ruin which that Court had projected against them and was hastning to involve them under Nor does my suspicion of his Majesties pursuing the same design against Protestants which the great Louis glories to have accomplished proceed merely from that conjunction of Counsels that all the world observes between Whitehall and Versailles nor merely from the Kings abandoning his Nephew and Son-in-law the Prince of Orange and not so much as interposing to obtain satisfaction to be given him for the many Injuries Damages Spoiles and Robberies as well as Affronts done him by that haughty Monarch when one vigorous Application could not fail to effect it nor yet merely from that agreeableness in their proceedures through the King of England's imitating that Foreign Potentate and making the whole course that hath been taken in France the Pattern of all his actings in Great Britain but I am much confirmed in my fears and jealousies by remembring a passage in one of Mr. Coleman's Letters who as he very well knew what the then Duke of York had been for many years engaged in against our Religion and Civil Lberties and under what Vows and Promises he was not to desist from prosecuting what had been resolved upon and undertaken so he had the confidence to say that his Master's design and that of the King of France was one and the same and that this was no less as he farther informs us than the extirpating the Northern Heresie Had the King of England acted with sincerity from that noble Principle that Conscience ought not to be constrained nor People forced in matters of mere Religion as he would delude weak and easie People to believe and had not all his Arbitrary and illegal proceedings in granting Liberty to Dissenting Protestants been to subserve and promote other Designs which it is not yet seasonable and convenient to discover and avow he would have then acted with that conformity to the Principle he professeth to be under the Influence and Government of and with that consonancy and harmonious agreeableness in all the degrees of Indulgence vouchsafed to those of the Reformed Religion in England and Scotland that differ from them of the Established way that there would have needed no second Proclamation apporting new measures of Liberty and favour to Scots Dissenters seeing they would have had it granted them at first in the same latitude and illimitedness that it was bestowed upon the English Nonconformists But when Princes carry on and pursue mischievous designs under the palliations of Religion publick good and the Right of Mankind it comes often to pass through adapting their methods to what they mean and intend and not to what they pretend and give out that their crafty projections by being not sufficiently accommodated to their purposes prove ineffectual to the compassing what was aim'd at and this forceth them to a new Game of Falshood and Subtilety but still under the old varnish and gloss and obligeth them to have recourse to means that may be more proportioned than the former were for their reaching the End that they ubtimately drive at Thence it is that those Rulers who are engaged in the Prosecution of wicked and unjustifiable Designs are necessitated not only to apply themselves to opposite Methods towards different Parties and those such as must be suited and apportioned to their discrepant Interest without the accommodating of which they can neither hope to mould them to that tame and servile Compliance nor work them up to that active and vigorous abetting of their malicious and crafty Projections as is necessary for the rendring them Successful but they are forced to vary their Proceedings towards one and the same Party and that as well when the ways they have acted in towards them are found inadequate to the end unto which they were calculated as when the mischief hid under them comes to be too soon discovered This weak and short-sighted People fancy to arise from an uncertainty in Princes Counsels and from their being at no Consistency with themselves but they who can penetrate into Affairs and that do consider things more narrowly can easily discern that all this Variation Diversity and shifting of Methods in Rulers Actings proceed from other Causes and that it is their Stability and Perseverance in an illegal and wicked Design that compels them to those crooked and contrary Courses either for the gaining the unwary and ill-applied Concurrence of their Subject to the hastning Distress and Desolation upon themselves or for the throwing them into that Lethargy and under that Supineness as may hinder them from all Endeavors of obstructing and diverting the Evils that their Governours are seeking to bring upon them Nor is there a more certain Indication of a Princes being engaged in a Design contrary to the good and happiness of the Society over which he is set than his betaking himself to illegal ways upon pretence of promoting the ease and benefit of his People or according as he finds his Subjects to differ in their particular Interests his applying himself to them in Methods whereof the contrariety of the one to the other renders them the more proper and adapted to ensnare the divided Factions through accosting each of them with something that they are severally fond of Legal means are always sufficient to the pursuing and compassing legal Ends and whatsoever is for the general good of the Community may either be obtained by Courses wherein the Generality find their united Interest and common Felicity or else by Application to a Parliament freely and duly chosen which as it represents the whole Politick Society so there may be expected most Compassion and
Protestant and a Free man and therefore the Case being thus I shall think my self false to my Country if I sit still at this time I am of Opinion that when the Nation is Deliver'd it must be by Force or by Miracle It would be too great a presumption to expect the latter and therefore our Deliverance must be by Force and I hope this is the Time for it a Price is now put into our Hands and if it miscarry for want of Assistance our Blood is upon our own Heads and he that is passive at this Time may very well expect that God will mock when the Fear of Affliction comes upon him which he thought to avoid by being indifferent If the King prevails farewel Liberty of Conscience which has hitherto been allowed not for the sake of the Protestants but in order to settle Popery You may see what to expect if he get the better and he hath lately given you of this Town a taste of the Method whereby he will maintain his Army And you may see of what sort of People he intends his Army to consist and if you have not a mind to serve such Masters then stand not by and see your Country-men perish when they are endeavouring to defend you I promise this on my Word and Honour to every Tenant that goes along with me That if he fall I will make his Lease 〈◊〉 good to his Family as it was when he went from home The thing then which â—â—se â—esire and your Country does expect from you is this That every Man that hath a toâ—rable Horse or can procure one will meet me on Boden-Downs to morrow where I Rendezvouz But if any of you is rendred unable by reason of Age or any other just Excuse then that he would mount a fitter person and put five Pounds in his Pocket Those that have not nor cannot procure Horse let them stay at home and assist with their Purses and send it to me with a particular of every Mans Contribution I impose on no Man but let him lay his Hand on his Heart and consider what he is willing to give to recover his Religion and Liberty and to such I promise and to all that go along with 〈…〉 if we prevail I will be as industrious to have him recompensed for his Charge and â—â—azard as I will be to seek it for my self This Advice I give to all that stay behind That when you hear the Papists have committed any Out-rage or any Rising that you will get together for it is better to meet your danger than expect it I have no more to say but that I am willing to lose my Life in the Cause if God see it good for I was never unwilling to die for my Religion and Country An Engagement of the Noblemen Knights and Gentlemen at Exeter to Assist the Prince of Orange in the Defence of the Protestant Religion Laws and Liberties of the People of England Scotland and Ireland WE do engage to Almighty God and to his Highness the Prince of Orange and with one another to stick firm to this Cause and to one another in the Defence of it and never to depart from it until our Religion Laws and Liberties are so far secured to us in a free-Free-Parliament that we shall be no more in danger of falling under Popery and Slavery And whereas we are engaged in the Common Cause under the Protection of the Prince of Orange by which means his Person may be exposed to Danger and to the desperate and cursed Designs of Papists and other bloody Men we do therefore solemnly engage to God and to one another That if any such Attempts be made upon him we will pursue not only those that made them but all their Adherents and all we find in Arms against us with the utmost Severity of just Revenge in their Ruin and Destruction and that the executing any such Attempt which God of his Infinite Mercy forbid shall not deprive us from pursuing this Cause which we do now undertake but that it shall encourage us to carry it on with all the Vigour that so Barbarous Approach shall deserve The Declaration of the Nobility Gentry and Commonalty at the Rendezvouz at Nottingham Nov. 22. 1688. WE the Nobility Gentry and Commonalty of these Northern Counties assembled together at Nottingham for the Defence of the Laws Religion and Properties according to those free-born Liberties and Priviledges descended to us from our Ancestors as the undoubted Birth-right of the Subjects of this Kingdom of England not doubting but the Infringers and Invaders of our Rights will represent us to the rest of the Nation in the most malicious dress they can put upon us do here unanimously think it our Duty to declare to the rest of our Protestant Fellow-Subjects the Grounds of our present Undertaking We are by innumerable Grievances made sensible that the very Fundamentals of our Religion Liberties and Properties are about to be rooted out by our late Jesuitical Privy Council as hath been of late too apparent 1. By the King's dispensing with all the Establish'd Laws at his pleasure 2. By displacing all Officers out of all Offices of Trust and Advantage and placing others in their room that are known Papists deservedly made incapable by the Establish'd Laws of our Land 3. By destroying the Charters of most Corporations in the Land 4. By discouraging all Persons that are not Papists preferring such as turn to Popery 5. By displacing all honest and conscientious Judges unless they would â—â—ntrary to their Consciences declare that to be Law which was meerly arbitrary 〈…〉 By branding all Men with the name of Rebels that but offered to justifie the Law 〈…〉 a legal course against the arbitrary proceedings of the King or any of his corrupt Ministers 7. By burthening the Nation with an Army to maintain the Violation of the Rights of the Subjects 8. By discountenancing the Establish'd Reformed Religion 9. By forbidding the Subjects the benefit of Petitioning and constâ—â—ing them Libellers so rendring the Laws a Nose of Wax to serve their Arbitrary 〈…〉 And many more such-like too long here to enumerate We being thus made sadly sensible oâ— he Arbitrary and Tyrannical Government that is by the Influence of Jesuitical Counsels coming upon us do unanimously declare That not being willing to deliver our Posterity over to such a Condition of Popery and Slavery as the aforesaid Oppressions inevitably threaten we will to the utmost of our power oppose the same by joining with the Prince of Orange whom we hope God Almighty hath sent to rescue us from the Oppressions aforesaid will use our utmost Endeavours for the recovery of our almost ruin'd Laws Liberties and Religion And herein we hope all good Protestant Subjects will with their Lives and Fortunes be assistant to us and not be bugbear'd with the opprobrious Terms of Rebels by which they would fright us to become perfect Slaves to their Tyrannical Insolences and Usurpations
time acquaint his Highness with what we have further done at that Meeting Dated at Guild-hall the 11th of December 1688. A Paper delivered to his Highness the Prince of Orange by the Commissioners sent by his Majesty to treat with him And his Highness's Answer WHereas on the 8th of December 1688. at Hungerford a Paper signed by the Marquess of Hallifax the Earl of Nottingham and the Lord Godolphin Commissioners sent unto us from His Majesty was delivered to Us in these Word following viz. Sir THE King commanded us to acquaint You That he observeth all the Differences and Causes of Complaint alledged by Your Highness seem to be referred to a Free Parliament His Majesty as He hath already declared was resolved before this to call one but thought that in the present State of Affairs it was advisable to defer it till things were more compos'd Yet seeing that His People still continue to desire it He hath put forth His Proclamation in order to it and hath issued forth His Writs for the calling of it And to prevent any Cause of Interruption in it He will consent to every thing that can be reasonably required for the Security of all those that shall come to it His Majesty hath therefore sent Us to attend Your Highness for the adjusting of all Matters that shall be agreed to be necessary to the Freedom of Elections and the Security of Sitting and is ready immediately to enter into a Treaty in Order to it His Majesty proposeth that in the mean time the respective Armies may be restrained within such Limits and at such a Distance from London as may prevent the Apprehensions that the Parliament may in any kind be disturbed being desirous that the Meeting of it may be no longer delay'd than it must be by the usual and necessary Forms Hungerford Dec. 8. 88. Signed Hallifax Nottingham Godolphin We with the Advice of the Lords and Gentlemen assembled with Vs have in Answer to the same made these following Proposals I. THAT all Papists and such Persons as are not qualified by Law be Disarmed Disbanded and Removed from all Employments Civil and Military II. That all Proclamations which Reflect upon Us or any that have come to Us or declared for Us be recalled and that if any Persons for having so assisted have been committed that they be forthwith set at Liberty III. That for the Security and Safety of the City of London the Custody and Government of the Tower be immediately put into the Hands of the said City IV. That if His Majesty shall think fit to be at London during the Sitting of the Parliament that We may be there also with equal Number of our Guards Or if his Majesty shall please to be in any place from London at what-ever distance he thinks fit that We may be at a place of the same distance And that the respective Armies do remove from London Thirty Miles and that no more Foreign Forces be brought into the Kingdom V. That for the Security of the City of London and their Trade Tilbury Fort be put into the Hands of the said City VI. That to prevent the Landing of French or other Foreign Troops Portsmouth may be put into such Hands as by Your Majesty and Us shall be agreed upon VII That some sufficient part of the Publick Revenue be Assigned Us for the Maintaining of our Forces until the Meeting of a Free Parliament Given at Littlecott the Ninth of December 1688. W. H. Prince of Orange The Speech of the Recorder of Bristol to his Highness the Prince of Orange Monday January the 7th 1688. The Mayor Recorder Aldermen and Commons of the Principal Citizens of the City of Bristol waited upon the Prince of Orange being introduced by his Grace the Duke of Ormond their High-Steward and the Earl of Shrewsbury Where the Recorder spake to this Effect May it please your Highness THE Restitution of our Religion Laws and Liberties and the Freeing us from that Thraldom which hath rendred us for many Years useless and at last dangerous to the Common Interest of the Protestant World by your Highness's singular Wisdom Courage and Conduct are not only a Stupendious Evidence of the Divine Favour and Providence for our Preservation but will be and ought to be an Everlasting Monument of your Highness's Magnanimity and other the Heroick Vertues which Adorn your great Soul by whom such a Revolution is wrought in this Nation as is become the Joy and Comfort of the Present and will be the Wonder of all Succeeding Ages In the Contrivance and Preparation of which great Work your Highness like the Heavens did shed your propitious Influences upon us whilst we slept and had scarce any prospect from whence we might expect our Redemption But as since your happy Arrival in England we did among the first Associate our selves to assist and promote your Highness's most glorious Design with our Lives and Fortunes so we now think our selves bound in the highest Obligation of Gratitude most humbly to present to your Highness our humble and hearty Thanks for this our Deliverance from Popery and Arbitrary Power and likewise for declaring your gracious Intentions That by the Advice of the Estates of this Kingdom you will rectifie the late Disorders in the Government both Ecclesiastical and Civil according to the known Laws The due and inviolable Observation of which will in our poor Opinion be the only proper Means to render the Soveraign Secure and both Soveraign and Subject happy To which his Highness returned a most Gracious Answer By the Commissioners of Lieutenancy for the said City Guild-hall London December the 11th 1688. Ordered THat Sir Robert Clayton Kt. Sir William Russel Kt. Sir Basil Firebrass Kt. and Charles Duncomb Esq be a Committee from the said Lieutenancy to Attend his Royal Highness the Prince of Orange and present to his Highness the Address agreed by the Lieutenancy for that purpose And that they begin their Journey to Morrow Morning By the Commissioners Command Geo. Evans Cl. Lieu. London To His Highness the Prince of Orange The Humble Address of the Lieutenancy of the City of London May it please Your Highness WE can never sufficiently express the deep Sense we have conceived and shall ever retain in our Hearts That Your Highness has exposed Your Person to so many Dangers both by Sea and Land for the Preservation of the Protestant Religion and the Laws and Liberties of this Kingdom without which unparallel'd Undertaking we must probably have suffered all the Miseries that Popery and Slavery could have brought upon us We have been greatly concerned that before this time we have not had any seasonable Opportunity to give Your Highness and the World a real Testimony that it has been our firm Resolution to venture all that is Dear to Us to attain those glorious Ends which Your Highness has proposed for restoring and settling these Distracted Nations We therefore now unanimously present to Your Highness
in your Kingdoms as here in the Roman Empire But now we refer it even to your Majesty to judg what condition we can be in to afford you any Assistance we being not only Engaged in a War with the Turks but finding our selves at the same time unjustly and barbarously Attacked by the French contrary to and against the Faith of Treaties they then reckoning themselves secure of England And this ought not to be concealed that the greatest Injuries which have been done to our Religion have flowed from no other than the French themselves who not only esteem it lawful for them to make perfidious Leagues with the sworn Enemies of the Holy Cross tending to the destruction both of us and of the whole Christian World in order to the checking our Endeavours which were undertaken for the glory of God and to stop those Successes which it hath pleased Almighty God to give us hitherto but further have heaped one Treuchery upon another even within the Empire it self The Cities of the Empire which were Surrendred upon Articles signed by the Dauphin himself have been exhausted by excessive Impositions and after their being exhausted have been Plundred and after Plundring have been Burned and Razed The Palaces of Princes which in all times and even in the most destructive Wars have been preserved are now burnt down to the ground The Churches are Robbed and such as submitted themselves to them are in a most Barbarous manner carried away as Slaves In short It is become a Diversion to them to commit all manner of Insolences and Cruelties in many places but chiefly in Catholick Countries exceeding the Cruelties of the Turks themselves which having imposed an absolute necessity upon us to secure our selves and the holy Roman Empire by the best means we can think on and that no less against them than against the Turks we promise our selves from your Justice ready assent to this That it ought not to be imputed to us if we endeavour to procure by a just War that security to our selves which we could not hitherto obtain by so many Treaties and that in order to the obtaining thereof we take measures for our mutual Defence of Preservation with all those who are equally concerned in the same Design with us It remains that we beg of God that he would Direct all things to his glory and that he would grant your Majesty true and solid Comforts under this your great Calamity we embrace you with tender Affections of a Brother At Vienna the 9th of April 1689. The Declaration of the Lords Spiritual and Temporal and Commons Assembled at Westminster concerning the Misgovernment of King James and filling up the Throne Presented to King William and Queen Mary by the right Honourable the Marquess of Hallifax Speaker to the House of Lords With His Majesties most gracious Answer thereunto WHereas the late King James the Second by the Assistance of divers Evil Counsellors Judges and Ministers Imploy'd by Him did endeavour to Subvert and Extirpate the Protestant Religion and the Laws and Liberties of this Kingdom By Assuming and Exercising a Power of Dispensing with and Suspending of Laws and the Execution of Laws without consent of Parliament By Committing and Prosecuting divers Worthy Prelates for humbly Petitioning to be Excused from concurring to the said assumed Power By 〈◊〉 and causing to be executed a Commission under the great Seal for erecting a Court called The Court of Commissioners for Ecclesiastical Causes By Levying Mony for and to the Use of the Crown by pretence of Prerogative for other time and in other manner than the same was granted by Parliament By raising and keeping a standing Army within this Kingdom in the time of Peace whithout consent of Parliament and Quartering Soldiers contrary to Law By causing several good Subjects being Protestants to be Disarmed at the same time when Papists were both Armed and Imployed contrary to Law By violating the Freedom of Election of Members to serve in Parliament By Prosecutions in the Court of King's-Bench for Matters and Causes cognizable only in Parliament and by divers other Arbitrary and Illegal Courses And whereas of late Years Partial Corrupt and Unqualified Persons have been returned and served on Juries in Tryals and particularly divers Jurors in Tryals for High-Treason which were not Free-holders And Excessive Bail hath been required of Persons committed in Criminal Cases to elude the Benefit of the Laws made for the Liberty of the Subjects And Excessive Fines have been Imposed And Illegal and Cruel Punishments inflicted And several Grants and Promises made of Fines and Forfeitures before any Convictions or Judgment against the Persons upon whom the same were to be Levied All which are utterly and directly contrary to the known Laws and Statutes and Freedom of this Realm And whereas the said late K. James the Second having abdicated the Government and the Throne being thereby vacant His Highness the Prince of Orange whom it hath pleased Almighty God to make the glorious Instrument of Delivering this Kingdom from Popery and Arbitrary Power did by the Advice of the Lords Spiritual and Temporal and divers principal Persons of the Commons cause Letters to be written to the Lords Spiritual and Temporal being Protestants and other Letters to the several Counties Cities Universities Burroughs and Cinque-Ports for the Chusing of such Persons to represent them as were of Right to be sent to Parliament to Meet and Sit at Westminster upon the 22d Day of January in this Year 1688 in order to such an Establishment as that their Religion Laws and Liberties might not again be in danger of being Subverted Upon which Letters Elections having been accordingly made And thereupon the said Lord's Spiritual and Temporal and Commons pursuant to their respective Letters and Elections being now Assembled in a Full and Free Representative of this Nation taking into their most serious Consideration the best Means for attaining the Ends aforesaid do in the first place as their Ancestors in like Case have usually done for the Vindicating and Asserting their Ancient Rights and Liberties Declare That the pretended Power of Suspending of Laws or the Execution of Laws by Regal Authority without Consent of Parliament is Illegal That the pretended Power of Dispensing with Laws or the Execution of Laws by Regal Authority as it hath been assumed and exercised of late is Illegal That the Commission for erecting the late Court of Commissioners for Ecclesiastical Causes and all other Commissions and Courts of the like Nature are Illegal and Pernicious That levying of Mony for or to the Use of the Crown by pretence of Prerogative without grant of Parliament for longer time or in other manner than the same is or shall be granted is Illegal That it is the Right of the Subjects to Petition the King and all Commitments and Prosecutions for such Petitioning are Illegal That the Raising or Keeping a standing Army within the Kingdom in time of Peace unless it be with
Government is ours their Servants were Slaves and their Kings and Emperours Wills were their Laws their People had no Magna Charta's to show nor Fundamental Compacts and so could plead no injustice in any command the frame of the Government Warranted all those commands that had the Royal pleasure Their Political Power was more extensive than their Moral Power The People were wholly at the Mercy of the Prince All their Laws were Acts of Grace not fundamental Reserves and inherent Rights and therefore in Spirituals they had no Cause to resist and in Temporals they might not as was observed above If they had been under limited Governments as we are we might have heard of Blows as well as Words St. Paul was never so virulent with his Tongue as when he was smitten contrary to Law Obj. 3. But the Person of the King is sacred and must not he touched Answ I say so too but it is his just Power that makes him so And therefore in dangerous times he is to be counselled and perswaded to secure himself by keeping within the Sanctuary of the Laws and holding them forth for the Publick Good by gaining the Affections of the People and being content with that measure of Power that is proper to the Government For if he doth not Right may and ought to be defended and resistance for the Publick good of Illegal Commissioned Forces is not resisting the King's Person but his Forces nor his Power but his Force without Power If none would execute the King's contradictory Commands none would resist and if he will against all Justice Prudence and Perswasions joyn with wicked Men and wilfully expose himself to the mercy of blind Bullets charge is to be given to all that none kill him wittingly or wilfully the hand that lifted him up may not pull him down God forbid that any should think of killing him de industrâ or despair of his repentance before God does nothing past can prejudice a Penitent before God and I hope not before Men thus the King's person and power will be safe in the midst of a Civil War not so safe as in peaceable times but as safe as can consist with the Subjects Right when their Religion and Laws Liberty and Property are Violently invaded And therefore if any thing befall his person by their hands it is but a chance and accidental thing which may happen also in peaceable times This shows that Resisting the King 's illegal commission'd Forces in defence of their own just Rights is not resisting the Ordinance of God and consequently no Sin and then the Conscience is not tyed otherwise than the Laws of the Land and the particular Frame of the government tyes it Obj. 4. But to resist the King or his Commissioners is against the Frame of the Government it being a Monarchy and against the Laws and Statutes of the Realm Answ If it be so it is a great Sin but as it is certain this is a Monarchy so it is certain that it is limited in the Foundation otherwise the King would have all the Legislative Power and the Parliment no Authority or Right but derived from him and then he must be Arbitrary and we Slaves and all our Laws must be acts of Grace not Fundamental Rights Not from any inherent power reserved at the Institution to our selves and never submitted to the Princes but from the gracious condescention of an Absolute Monarch which is contrary to the Story of all times which shows that the people ever claimed Liberty and Property according to their Ancient Laws and Customs not as a Gift but as a Right inherent in themselves and never Transferred Aliened or Conveyed to any King but Declared Recognized and Confirmed to them by many I shall therefore suppose what I think none can upon sufficient grounds deny that the King is bound by all the sacred Tyes of God and Man to govern by the Laws and not otherwise neither by a Foreign Law nor by one of his own framing nor by any Word or Will contrary to Law seeing nothing can have the force of Law here but what has the joynt Consent of King and Parliament and that in a Parliamentary way and this shows us in the Terms of Submission that are sworn to on both sides The King and the people by a joynt consent makes Laws and make them the common Rule betwixt them the King swears to observe the Laws and the people swear to obey the King and to leave the Execution of the Laws to the King to be managed for the publick good Therefore as long as he governs by Law he and all his Ministers are safe enough from Resistance the Resister being lyable to be punished both by God and Man and the sole administration being left to the King Subjects all but himself to Criminal process and even himself to Civil but his person and power are safe in both he may be severe in the Execution of the Laws many times but not unjust As if he will not suspend a Burthensom Law or Revive an Antiquated one when the publick good requires it This may render him uncharitable or imprudent but he is safe yet For though he be bound to proceed according to Law yet he is not tyed to proceed always according to the best Methods when there are diverse But if he stop the Courts of Justice erect new ones or proceed contrary to Law he Acts without Authority and against his own Authority and puts on a kind of a Vizard that his Subjects can neither know him nor their Duty for it is the Laws that direct them to the person of the King and their own Duty without which they could know neither And if the End be not the publick good it is downright Injustice as well as politically powerless Necessity indeed may justifie a Political unlawful Act for the Publick good As in case of an Invasion to burn a garrison rather than it should be a refuge for the Enemy or to open Sluces and to drown a part of the Country for though these things have not the form of the Law they have the reason and that is Publick good And therefore it is not Law but Necessity not the King's Command but Publick good that warrants these Acts. And when Peace returns the Injured are to have satisfaction made by the Publick not as of Charity but as of Justice which shows that the Law looks upon it as a Trespass justified only by Necessity and the Publick good And the particular Persons here have reason to be quiet and make no resistance because they shall reap double benefit by it one in the Publick good and another from the Publick Treasure But it does not follow that if the King in an angry mood should command his guards to fire Newmarket because he had lost an Horse-race there or had a mind to have a Bonefire because he had won one that the Inhabitants might not resist them Obj. 5. By what Law