this debt But saith my Author as mercenary as they were the Pensioners would never discharge the Revenue of these Anticipations to the Bankers Which is an Excellent and convincing Argument that they how much soever they are slandered were not such mercenary Pensioners as the world is now told they were Now as he tells us the W. Commons made this Vote purely to keep people from being again choused the same way and in mere pity to the Cries of many Widows and Orphans And truly if they had taken care to have had those that wanted this Caution first paid off the world might have possibly thought so And then a Declaration that such securities were void and that no future Parliament could without breach of Trust repay that Money which was at first borrowed only to prevent the sitting of Parliaments might have had a better reception in this Kingdom than the two Votes they made without it As for his quotation of 1 R. 3. Cap. 2. against Loans that and all the after Statutes is against involuntary and forcible taking of money But the Commons were very modest and restrained their Votes to only three branches of the Revenue all which were by several Acts of Parliament given to his present Majesty Sir I think the last Vote is general and extends to the whole Revenue tho the first doth not but only to those three small Branches of Customs Excise and Hearth money A modest restraint indeed The Statute 12 Car. 2. Cap. 4. says That the Commons reposing Trust in his Majesty for guarding the Seâ—s against all persons intending the distarbance of Trade and the invading of the Realm to that intent do give him Toanage and Poundage and this is as direct an appropriation as word can make and therefore as it is a manifest wrong to the Subject to divert any part thereof to other uses so for the King to Anticipate it is plainly to disable himself to perform the trust reposed in him Now here are several ill Consequences from an undoubted true Principle For it is no wrong to the Subject to divert a part of it to other uses if the Seas can be guarded and the Realm secured with less than the whole ar they have been very well all his Majesties Reign hitherto Secondly An Anticipation may be necessary to attain the ends of the trust if Parliaments shall still go on to refuse the King extraordinary Supplies upon extraordinary occasions The Statute of 12 Car. 2 Cap. 23. which did impower the King to dispose of the Excise did Enact that such Contracts shall be effectual in Law so as they be not for longer time than three years So that here is care taken before their Vote that no great Advance or Anticipation shall be taken upon that Branch The Statute of the 13. and 14. of Car. 2. Cap. 10. declares that the Hearth-money was given that the publick Revenue might be proportioned to the Publick Charge and it is impossible that should ever be whilst it is liable to be preingaged and Anticipated Is it so Must a Prince act to the utmost of his power with less prudence and discretion than other men Must I needs Sell or Morgage my Estate for as much as it is worth because I may do it and no man can hinder me The Parliament took another care in relation to this Branch and made it penal for any one so much as to accept of any Pension or Grant for years or any other Estate or any Sum of Money out of the Revenue arising by Hearth-money by virtue of that Act from the King his Heirs or Successors as my Author takes notice and now what reason was there for him to make such a Splutter as he did about Alienations and leaving the Successor a beggar when one of these Branches the Customs and half the Excise is given to his Majesty only for life and such care is taken to keep the third unchargeable by the very Act that gave it If these things tend to the vindication either of my Author or the Votes I have lost my Reason My Author concludes with this smart reflection on the Declaration This we are sure of that if the inviolable observation of these Statutes it should have been Votes will reduce his Majesty to a more helpless Condition than the meanest of his Subjects he will still be left in a better Condition than the richest and greatest of his Ancestors none of which were ever matters of such a Revenue The King complains of the Votes and the Statutes are craftily laid in the way to bear the brunt the intention of a thing may possibly never succeed as I hope it never will here But yet the complaint is just if it apparently tended to such an end tho it never follow But how his Majesty can be in the most helpless and most wealthy condition at one and the same time in fact my Author must inform us His Majesties Expence as well as Revenue is above all his Royal Ancestors and whatever his Revenue is he was not beholden to these Voters for it who gave him nothing but paper and trouble And of the first of these his Majesty had such a quantity that he is said to have chid his Tailor for not making his Pockets big enough to receive it His Cossers in the mean time were not surcharged nor like to surfeit The next thing my Author falls upon is the Vote for suspension of the Execution of the Penal Laws against the Dissenters which he first recites and then justisieth and I will follow him The House of Commons are in the next place accused of a very high Crime the assuming to themselves a power of suspending Acts of Parliament because they declared it was their Opinion That the prosecutier of Protestant Dissenters upon the Penal Laws is at this time grievous to the Subject a weakning of the Protestant Interest an incouragement to Popery and dangerous to the Peace of the Nation The Ministers remembred that not many years ago the whole Nation was justly Alarm'd upon the assuming an Arbitrary power of suspending Penal Laws and therefore they thought it would be very popular to accuse the Commons of such an Attempt Did the Ministers remember how the Nation was Alarm'd and had the Commons forgot it Well let us follow the Gentleman and see how he will clear his Commons from the guilt of this high Crime which he acknowledgeth was so justly blamed in the Ministers But how they the Ministers could possibly misinterpret a Vote at that rate how they could say the Commons pretended to a power of repealing Laws when they only declare their opinion of the inconveniency of them will never be understood till the Authors of this are pleased to shew their Causes and Reasons in a second Declaration The charge in the Declaration is that by this Vote They assumed to themselves a power of suspending Acts of Parliament without any
had been but for half an hour he would not have consented to it because of the ill consequences it might have hereafter the Militia being wholly in the Crown c. Now I believe it would be difficult for my Author to make and prove the like instance in any of our former Princes And in the first of the short Westminster Parliaments his Majesty passed the Act for the better securing of the Liberty of the Subject and for preventing imprisonment beyond Seas to which an honourable Person adds The Act against quartering of Souldiers upon the Subject and saith his Majesty might have had many Millions for these Acts if he had insisted on a bargain or known how to distinguish between his own private Interest and that of the Subject or the truckling way of Bartering when the good of his People was concerned And in the last short-lived Westminster Parliament his Majesty passed the Act against Importation of Irish Cattel for no other visible cause but because both Houses had passed it tho it tended to the Diminution of his Revenue And now let us see how gratefully our Author treats him for all these Royal and Prince-like Favours Therefore the Favorites did little consult his Majesties Honour when they bring him in solemnly declaring to his Subjects that his intentions were as far as would have consisted with the very Being of the Government to have complied with any thing that could have been proposed to him to accomplish those Ends he had mentioned which were the satisfying the desires of his Subjects and securing them against all their just fears when they are not able to produce an instance wherein they suffered him to comply in any one thing Whatever the House of Commons Addressed for was certainly denied tho it was only for that reason and there was no surer way of Intituling ones self to the favour of the Court than to receive a Censure from the representative body of the People As to the Addresses made by the House of Commons alone they were many of them such as his Majesty could not comply with without great mischief to himself or them that had exprest the greatest Zeal for his Service and when for that case only they seemed to be persecuted it would have been very impolitick in his Majesty tho he had been his own man and not under the dominion of the Favorites as it seems he was to have yielded to the Commons against them But cannot the Favorites instance wherein they suffered his Majesty to comply in any one thing with the House of Commons Did not his Majesty at their single request Pardon a great many Informers against the Plotters Did he not pardon B. Harris too his 500 l. Fine and Imprisonment which he had incurred by Printing disloyal and seditious Pamphlets Did not his Majesty upon their Address discharge all the Protestant Dissenters who were then under prosecution upon several Penal Statutes without paying Fees as far as it could be done according to Law and promise also to recommend them to the Judges There might many other instances be given of moneys issued out of persons taken care for and the like upon the single request of the Commons so that I cannot but wonder where my Authors modesty was when he pressed the Favorites to give one instance of his Majesties compliance with the House of Commons But his Majesty and the Court were kind to all that received any Censure from the representative body of the People They might thank themselves for that who bestowed their Censures so freely on men that had deserved very well of his Majesty and the Government and yet I believe there may be some instances given of men whom they Censured or imprisoned that have not been mightily advanced since by the Court but let us examine those few particular Examples my Author hath marked out Let it for the present be admitted saith my Author that some of the things desired by that Parliament were exorbitant and because we will put the objection as strong as is possible inconsistent with the very being of the Government yet at least some of their Petitions were more reasonable Doubtless there was some such which therefore were freely granted by his Majesty as I have proved The Government might have subsisted though the Gentlemen put out of the Commission of the Peace for their zealous acting against the Papists had been restored And so might the Protestant Religion by Law established be preserved without the assistance of these zealous Gentlemen and therefore his Majesty was not to be instructed by these Representatives whom he should imploy as Justices of the Peace especially after they had discovered so much kindness for the Dissenters who have something an odd Notion of Papists and Popery Nor would a final Dissolution of all things have ensued tho Sir George Jefferies had been removed out of all Publick Offices or my Lord Hallifax himself from his Majesties Presence and Councils The first of these Sir George Jefferies was then Recorder of London and was prosecuted by a part of the City for that he by traducing and obstructing Petitioning for the sitting of that Parliament had betrayed the Rights of the Subject Now that Gentleman opposed them as many others did in obedience to his Majesties Proclamation and the Laws of the Land and it was a little unreasonable that his Majesty should joyn with the Commons to ruine him though it could be made out that his Majesties Proclamation was illegal and that there were a mistake also in the point of Law My Lord Hallifax was prosecuted only for opposing the Bill for disinheriting the Duke of York in the House of Lords and no fault whatsoever laid to his charge Now he being a Member of that House it had been very unreasonable for his Majesty to have punished him for using his own just and legal freedom in a case especially wherein his Majesty had declared his own resolution so very often before Now Sir tho these two Persons are not essentially necessary to the preservation of the Government yet it is absolutely so that his Majesty do not give up those that have faithfully and legally served him in their proper Stations either to please the People or their Representatives without a legal trial and a just defence We may all remember what the Consequences of his Majesties Fathers giving up the Earl of Strafford in the beginning of the late troubles were and I hope I shall never live to see that sort of compliance reacted again Had the Statute of 35. Eliz. which had justly slept for Eighty years and of late unreasonably revived been repealed surely the Government might still have been safe And though the Fanaticks perhaps had not deserved so well as that in favour to them his Majesty should have passed that Bill yet since the Repeal might hereafter be of great use to those of the Church of England in case of a Popish
is undeniable but then those reasons ought to be alledged and proved for the turning a man out of Service is certainly in many cases a great punishment tho not equal to hanging The People themselves are highly concerned in the great Ministers of State who are Servants to the Kingdom as well as to the King and the Commons whose business it is to present all Grievances as they are most likely to observe soonest the folly and treachery of those publick Servants the greatest of all Grievances so this representation ought to have no little weight with the Prince Here is the true reason as long as the Ministers look upon themselves as the Kings Servants they will adhere to the Crown but if they be taught once that they are Servants to the People too then because it is difficult to serve two Masters they will be more distracted and act more timorously especially if according to the modern distinction the Country-Party get the Ascendent of the Court-Party in a Parliament Queen Elizabeth told the Commons by the Lord Keeper that she misliked that such irreverence towards Privy-Counsellors who were not to be accounted as Common Knights and Burgesses of the House that are Counsellors but during the Parliament whereas the other are standing Counsellors and for their Wisdom and great Service are called to the Council of State They were not then thought to be such publick Servants as might be treated at any rate sent to the Tower or to carry up a Bill to the Lords against which they had given their Vote as if it were to triumph over them But Henry IV. a wise and a brave Prince in the Fifth year of his Reign turned out four of his Servants only because the Commons desired they might be removed But then this Prince had no Title and therefore was not in a capacity to dispute any thing with them and in this very Parliament too they gave him so extraordinary a Tax and so troublesom to the Subject that they would not suffer any Record of it to be left in the Treasury and he was obliged to grant them this extraordinary favour in recompence of it He had but newly in Battel conquered one Rebellion wherein Mortimers Title was at the bottom and was ingaged then in a War with France And he had reason to fear a general Defection of the Nation King Richard being reported to be alive And he was then in great want of Money so that for such a Prince so beset to grant any thing was far from a wonder but ought no more to be drawn into Example than that Tax they then gave him and least of all now when things are in a very different posture But then all these Ministers are censured for doing that which was approved by two of the three Estates The Resolve was this That all persons who advised his Majesty in his last Message to this House to insist upon an opinion against the Bill for Excluding the Duke of York have given pernicious Counsel to his Majesty and are promoters of Popery and Enemies to the King and Kingdom Now this Bill was before this thrown out by the House of Lords and therefore there was no reason to Vote the Ministers Enemies to the King and Kingdom for doing that which was approved by two of the three Estates in Parliament But they ought not to have appealed to the People against their own Representatives Why not The unfortunate Reigns of Henry III. Edward II. Richard II. and Henry VI. ought to serve as Land-marks to warn succeeding Kings from preserring secret Councils to the wisdom of their Parliaments And so ought the Example of his Majesties Father to warn both his Majesty and the whole Nation how they suffer the Ministers of State to be trodden under foot by Factious men and the Prerogatives of the Crown to be swallowed up by pretended Priviledges of Parliament for all these things have once already made way for the Ruine of the Monarchy as that did for the enslaving of the People The next thing my Author falls upon is the business of the Revenue but here I cannot imagine what he would have he makes a long Harangue against Alienation of the Revenues of the Crown and about the reasonableness of Resumptions of those that had been alienated And tells us No Country did ever believe the Prince how absolute soever in other things had power to sell or give away the Revenue of the Kingdom and leave his Successor a Beggar That the haughty French Monarch as much power as he pretends to is not ashamed to own that he wanted power to make such Alienations and that Kings had that happy inability that they could do nothing contrary to the Laws of their Country This and much more my Author hath upon this occasion learnedly but very impertinently written about these two Votes believing his Reader could not distinguish betwixt an Alienation and an Anticipation But the best way to have this clearly understood is to insert the Votes of the Commons which are as followeth Resolved That whosoever shall hereafter lend or cause to be lent by way of Advance any money upon the Branches of the Kings Revenue arising by Customs Excise or Hearth-money shall be adjudged to hinder the sitting of Parliaments and shall be responsible for the same in Parliament Resolved That whosoever shall accept or buy any Tally of Anticipation upon any part of the Kings Revenue or whoseever shall pay such Tally hereafter to be struck shall be adjudged to hinder the sitting of Parliaments and shall be responsible therefore in Parliament Now what Advancing money upon the Revenues and accepting Tallys of Anticipation have to do with Alienation of it I cannot devise For certainly it is one thing to advance a Fine and take a Farm so much the cheaper for three four or seven years and another thing to purchase the same to a man and his Heirs for ever And it is one thing to receive an Order to take such a Sum of Money of the Tenant out of the next half years Rent and a quite other thing to purchase the Feesimple of an Estate which is an Alienation The Revenues of the Crown of England are in their own nature appropriated to Publick Service and therefore cannot without injustice be diverted or Anticipated May not an Anticipation be as well imployed upon the Publick Service as a growing Revenue when it is become due Does Anticipation signifie mispending or diverting from a Publick to a private use Is it impossible the Publick should at any time need a greater Sum of money than the Revenue will afford and may not a Prince in such a case Anticipate and afterward get it up again by his good Husbandry No for Either the Publick Revenue is sufficient to answer the necessary occasions of the Government and then there is no colour for Anticipations or else by some extraordinary Accident the King
causes may be assigned according to the several fancies and imaginations of men of our late miserable distractions they cannot be so reasonably imputed to any one cause as to the extreme poverty of the Crown the want of power could never have appeared if it had not been for the want of money But since that the rising greatness of our Neighbours have mounted the Expences of the Crown above that growing Revenue that was then setled and the Republical Party as his Majesty stiles them promise themselves the happiness of bringing about another Revolution by the same means the last was in his Majesties days if it be possible but however at his Death And therefore if the Crown thus beset shall at any time make use of Anticipations to relieve it self they only ought to be responsible for it who have or shall make it necessary For surely no Prince would borrow when he might have it freely given upon reasonable terms unless he took a pride in counting the number of his Creditors And therefore saith my Author it has ever been esteemed a Crime in Counsellors who persuaded the King to Anticipate his Revenue and a Crime in those who furnish'd money upon such Anticipations in an extraordinary way however extraordinary the occasion might be For this cause it was that the Parliament in the 35 of Henry VIII did not only discharge all these Debts which the King had contracted but Enacted that those Lenders who had been before paid again by the King should refund all those Sums into the Exchequer as judging it reasonable punishment to make them forfeit the Money they lent since they have gone about to introduce so dangerous a precedent It is bad Logick that raiseth general Conclusions from particular instances and it will appear so in this that we have in hand which because I cannot so well and creditably do it my self I will make appear by transcribing a passage out of my Lord Coke tho it be somewhat long Advice concerning new and plausible Projects and Oâ—â—ers in Parliament When any plausible project is made in Parliament to draw the Lords and Commons to assent to any Act especially in matters of weight and importance if both Houses do give upon the matter projected and promised their Consent it shall be most necessary they being trusted for the Commonwealth to have the matter projected and promised which moved the House to consent to be established in the same Act lest the benefit of the Act be taken and the matter projected and promised never performed and so the Houses of Parliament perform not the trust reposed in them as it fell out taking one example from many in the Reign of Henry VIII On the Kings behalf the Members of both Houses were informed in Parliament that no King or Kingdom was safe but where the King had three Abilities First To live of his own and be able to defend his Kingdom upon any sudden Invasion or Insurrection Secondly To aid his Confederates otherwise they would never assist him Thirdly To reward his well deserving Servants Now the Projâ—ct was that if the Parliament would give unto him all the Abbies Priories Friories Nunneries and other Monasteries that for ever in time then to come he would take order that the same should not be converted to private use but first That his Exchequer for the purposes aforesaid should be inrich'd Secondly the Kingdom strengthened by a continual maintainance of Forty thousand well trained Souldiers with skilful Captains and Commanders Thirdly For the benefit and ease of the Subject who never afterwards as was projected in any time to come should be charged with Subsidies Fifteenths Loans or other common aids Fourthly Lest the Honour of the Realm should receive any Diminution of Honour by the dissolution of the said Monasteries there being twenty nine Lords of Parliament of the Abbots and Priors that held of the King per Baroniam that the King would create a number of Nobles which we omit The said Monasteries were given to the King by authority of divers Acts of Parliament but no provision was therein made for the said Project or any part thereof only ad faciendam populum these Possessions were given to the King his Heirs and Successors to do and use therewith his and their own wills to the pleasure of Almighty God and the honour and profit of Almighty God Now observe the Catastrophe in the same Parliament of 32 Henry VIII when the great and opulent Priory of St. Johns of Jerusalem was given to the King he demanded and had a Subsidy both of the Clergy and Laity and the like he had in 34 Henry VIII and in 37 Henry VIII he had another Subsidy And since the dissolution of the said Monasteries he exacted divers Loans and against Law received the same Now let my Reader judge if it be reasonable to make what the Parliament did in the 25 of Henry VIII a standing Rule for all succeeding times when it is morally impossible that ever any King of England should have such a Treasure and Revenue as they had given this King within less than seven years and a Subsidy but the very year before besides If we had such Parliaments now and it were possible to give the King such Supplies as they did I would freely give my Vote to have the next Lender Hanged The true way to put the King out of a possibility of supporting the Government is to let him waste in one year that money which ought to bear the charge of the Government for seven But Sir to put you out of pain for that this would necessitate the sitting of Parliaments and the yielding to whatsoever they could desire So this tho true was not the reason of the Vote but directly contrary to it but the King knows the Consequence of that too well to need any restraint in that particular for he knows as well as you that this is the direct method to destroy not only the Credit of the Crown at home and abroad but the Monarchy it self If the King resolves never to pay the money that he borrows what faith will be given to the Royal Promises and the honour of the Nation will suffer in that of the Prince And if it be put upon the People to repay it this would be a way to impose a necessity of giving Taxes without end whether they would or no. Omitting the undutifulness of these suppositions it is very remarkable that the great Anticipations upon the Revenue were made in the time of the last Dutch War when they who now so much clamour against them were Ministers and they who now are such and bear all the blame were not in a capacity to hinder it Whether they had any such intentions as these in it they best know but I am sure one of them made it out powerfully that there was all the reason in the world that the Parliament should pay off
could not hurt the Church of England therefore the Dissenters were to be caressed and cherished that they in a small time might be in a capacity to do it And now if these were not good reasons for the Vote let any impartial man that is any but a Church of England man judge In the midst of such Circumstances was there not cause to think an Union of all Protestants necessary and could they have any just grounds to believe that the Dissenters whilst they lay under the pressures of severe Laws should with such Alacrity and Courage as was requisite undertake the defence of a Country where they were so ill treated Whether this question relates to the French King and the Papists or the Duke and the Civil and Military Officers may be a question and therefore it must be so answered As to the first there was all the reason in the world that they should joyn heartily with the Government against the Papists and French for they could not hope to mend their condition by falling into their hands who they knew would treat them with other manner of severities than those they met with from the Laws if they did not know this any of the French Protestants that fled over 〈◊〉 England might have informed them sufficiently Nâ—w of evils the least is to be chosen and tho their conâ—â—tion had not been equal to their desires yet it had been a madness to have made it worse by delivering up themselves and their Country into the hands of the French and Papists But if it relates to the Duke and the Civil and Military Officers then I hope he will excuse me if I do not think it fit to have another Union of Protestants of that sort again A long and sad Experience had shewed how vain the endeavours of former Parliaments had been to force us to be all of one Opinion and therefore the House of Commons resolved to take a sure way to make us all of one Affection This was the very reason of the Declaration of Liberty of Conscience But how unlike that course was to prevail the Nation had sufficient experience in a few years And Sir I can assure you it is above the power of a House of Commons to unite those men in Affection who differ not only in Opinion but Practice too in matters of Religion For these reasons my Author saith this Vote was made in order to a repeal of them by a Bill to be brought in and presently he grows Pettish and tells us None but a Frenchman could have the confidence to declaim against a proceeding so regular and Parliamentary as this Your humble Servant Sir I pray be a little pacified you may possibly be mistaken as well as another man but would I believe take it a little unkindly to be called Monsieur presently They very first Vote they made that day was this Resolved That whosoever advised his Majesty to Prorogue this Parliament to any other purpose than in order to the passing of a Bill for the Exclusion of James Duke of York is a betrayer of the King the Protestant Religion and of the Kingdom of England a promoter of the French interest and a Pensioner to France So they knew they were to be Prorogued that very day and as the Story goes made more than ordinary haste to pass these Votes Now it was impossible that a Bill should be brought in much less passed in that Session which was to end before night and therefore this was not nor could not be the cause of that Vote and all your little Queries founded upon this supposition are silly and impertinent There was not the least direction or signification to the judges which might give any occasion for the reflection which follows in the Declaration The due and impartial execution of the Laws is the unquestionable duty of the Judges and we hope they will always remember that duty so well as not to necessitate a House of Commons to do theirs by calling them to account for making private instructions the Rule of their judgments and acting as men who have more regard to their Places than their Oaths So the Dissenters may see they are mistaken when they think the Judges or Justices may forbear executing the Laws against them upon the score of this Vote But tho the Judges are sworn to execute all Laws yet there is no obligation upon any man to inform against another No Sir Is not every Grand-Jury man every Constable and Churchwarden sworn to Present the breakers of our Laws as well as the Judges are to punish them And as for the next Conundrams of yours the comparing a parcel of Laws made within twenty years to those Antiquated ones about Caps and Bows and Arrows and killing of Lambs and Calves and your business of Empson and Dudley they are such stuff as a man of half your understanding would have been ashamed to have mensioned in a good cause In the next place my Author acquaints us what are the causes usually of disusing Laws alterations of the Circumstances whereupon a Law was made or if it be against the genious of a People or have effects contrary to the intents of the Maker none of which can be said in this case Nor is that true which follows that the quiet safety or trade of our Nation hath been promoted by the not executing of these Laws as any man may know that can remember but ten years backward And therefore notwithstanding the Vote of the Commons the Judges may act wisely and honestly if they should encourage Informers or quicken Juries by strict and severe Charges For the due and impartial execution of the Laws is the unquestionable duty of the Judges according to my Author and therefore I will hope they shall not be accounted Knaves or Fools for doing their unquestionable duty But then my Author hath another quarrel with the Ministers and that was for numbring this Vote amongst the causes of the Dissolution of that Parliament when the Black Rod was at the door of the House to require them to attend his Majesty at the very time when it was made Well suppose we should grant that this was not one of those Votes that occasioned the Prerogation it not being then made when that was resolved on yet it might occasion their Dissolution which hapned some time after And was not this an excellent time to make Votes for the bringing in of Bills for the Repeal of Laws when the Black Rod was at the door to call the House to a Prorogation After a little anger against the Ministers for arraigning one of the Three Estates in the face of the World for usurping power over the Laws imprisoning their fellow Subjects Arbitrarily exposing the Kingdom to the greatest dangers and indeavouring to deprive the King of all possibility of supporting the Government the man hath forgot how often he hath arraigned the Long Loyal Parliament for a
parcel of Mercenary Pensioners he in the next place falls foul upon the Clergy for publishing this Declaration like an Excommunication in all Churches But if they the Ministers erred in the things they judged rightly in the choice of the persons who were to publish it Blind Obedience was requisite where such unjustifiable things were imposed and that could be no where so intire as amongst those Clergy-men whose preferment depended upon it Yes without doubt ten thousand Clergy-men did expect to be preferred presently for this piece of blind Obedience Yet he is at it again in the next page a Set of Presbyterian Clergy would not have been so tame Well but this would not have done tho If the Paper which was to be read in the Desk had not been so suitable to the Doctrine which some of them had often declared in the Pulpit Then it did not go against their Consciences It did not become them to inquire whether they had sufficient Authority for what they did since the Printer calls it the Kings Declaration No Where or of whom should they have enquired And it being Printed by the Kings Printer with his Majesties Royal Arms before it and sent them by their Ordinaries the Bishops they had no reason to question whether it were the Kings or no. And there was as little reason that they should concern themselves Whether they might not one day be called to an account for publishing it They had reason to trust that his Majesty who commanded them to do it would protect them in their blind Obedience And as for his Law-Quirks whether what his Majesty singly Ordered when he sate in Council and came forth without the Stamp of the Great Seal gave them a sufficient warrant to read in publickly These things never entered into their heads Well but Sir tho those same Clergy-men driven on by Ambition might act in this without fear or shame and think as little of a Parliament as the Court Favourites who took care to dissolve that at Oxford before they durst tell us the faults of that at Westminister Tho it might be so as you say yet the Shoal of Addressors that came in to thank his Majesty for that Declaration they had more light and Sir if you be resolved to call all these Ministers all these Clergy-men all these Addressors to an account in the next Parliament pray for cold weather and long days and another Parliament that may sit for ever if it please or you may happen to want time to go through with so pious and good a work But Sir tho the Ministers durst not discover the faults of the Westminster Parliament till they had taken care to dissolve that Oxford his Majesty in his Speech there did Which he began thus The unwarrantable proceedings of the last House of Commons were the occasion of my parting with the last Parliament For I who will never use Arbitrary Government my self am resolved not to suffer it in others I am unwilling to mention particulars because I am desirous to forget faults c. So that you may see if you please that the Oxford Parliament was told in general the faults of that which preceded in order to their avoiding them if they could have made that good use of his Majesties Advice which will render them the less excusable to all the world So now we come to that Parliament at Oxford which saith the Declaration was assembled as soon as that was dissolved and saith my Author might have added Dissolved as soon as Assembled the Ministers having imployed the People forty days in chusing Knights and Burgesses to be sent home in Right with a Declaration after them as if they had been called together only to be affronted As to the People if their Knights and Burgesses came back sooner than they expected they had reason to thank themselves who had twice before sent up the same men and as you observed before the people do not change suddenly so neither doth the Court but doth as certainly send back a Parliament that will not be governed as the People send them And the People were overjoyed too to see them again for when they went out they had told them they never expected to come back again So that so speedy and safe a return was as welcome to them that sent them as could be imagined As for the Knights and Burgesses themselves they had fair warning given them by his Majesty before-hand and if they would affront either Him or the Upper House they did it at their apperil and it was well they scaped so well as to be sent home with a Declaration after them My Author acknowledgeth that his Majesty failed not to give good Advice unto them who were called together to Advise him And so many I might say all our former Princes have done before his Majesty and commanded them too not to meddle with such and such things yea and punished private Members sometimes for doing otherwise The Lord Keeper in the 35 year of Queen Elizabeths Reign spoke thus to the Commons It is her Majesties pleasure the time be not spent in devising and enacting new Laws the number of which are so great already that it rather burtheneth than easeth the Subject c. And whereas heretofore it hath been used that many have delighted themselves in long Orations full of Verbosity and vain Ostentations more than in speaking things of substance the time that is precious would not be thus spent And in the same Parliament the Lord Keeper upon the usual demands by the New Speaker said thus To your three demands the Queen answereth Liberty of Speech is granted you c. but you must know what priviledge you have not to speak every one what he listeth or what cometh in his brain to utter but your priviledge is to say Yea or No. Wherefore Mr. Speaker her Majesties pleasure is that if you perceive any Idle Heads which will not stick to hazard their own Estates which will meddle with Reforming of the Church and transforming of the Commonwealth and do exhibit any Bills to that purpose that you receive them not until they be viewed and considered of by those whom it is fitter should consider of such things and can better judge of them To your persons all priviledge is granted with this Caveat that under colour of this Priviledge no mans ill doings or not performing of Duties be covered and protected The last free Access is also granted to her Majesties Person so that it be upon urgent and weighty causes and at times convenient and when her Majesty may be at leisure from other important causes of the Realm Now let what his Majesty said at Oxford be compared with this and let any man tell me whether the Parliament deserved any commendation from my Author for their having so much respect to the King as not particularly to complain of the great invasion that was made
voted against the Bill should no longer preside in His Councils no longer possess all the great Trusts and Offices in the Kingdom 3. That our Ports our Garrisons and our Fleets should be no longer governed by such as are at his devotion 4. That Characters of Honour and Favour should be no longer placed on men that the Wisdom of the Nation the House of Commons without the Lords for they have it seems lately got a Patent to Monopolize all the Wisdom of the Nation hath judged to be favourers of Popery or Pensioners of France These are great and important Changes but such as it becomes Englishmen to believe were designed by that Parliament and such as will be designed and prest by every Parliament and such as the People will ever pray may find success with the King without these Changes and the Association forgotten by my Author the Bill of Exclusion would only provoke not disarm our Enemies Nay the very money which we must have paid for it would have been made use of to secure and hasten the Duke's return upon us Now this was all perhaps was meant by that passage in the Declaration and the Consequences of these things are such that no beseeching will ever obtain them till his Majesty is weary of all he hath and therefore it well becomes all English men that do not design another Rebellion for time to come to design and pray and our Parliaments to press for some other things that may be fitter for them to ask and his Majesty to grant I conclude with the Wisemans Advice My Son fear thou the Lord and the King and meddle not with them that are given to change Especially to such important changes We are now come to the consideration of that only fault which was peculiar to the Parliament at Oxford and that was their behaviour in relation to the business of Fitz-Harris the Declaration says He was impeached of High Treason by the Commons and they had cause to think his Treasons to be of such an extraordinary nature that they well deserved an examination in Parliament We shall by and by come to examine the reasons that made them think so and in the interim it is worth the while to recite the very words of the Declaration which are these The business of Fitz-Harris who was impeached by the House of Commons of High Treason and by the House of Lords referred to the ordinary course of Law was on the sudden carried on to that extremity by the Votes which the Commons passed on March 26. last that there was no possibility left of a Reconciliation The Votes are these Rosolved That it is the undoubted Right of the Commons in Parliament assembled to impeach before the Lords in Parliament any Peer or Commoner for Treason or any other Crime or Misdemeanor And that the refusal to proceed in Parliament upon such impeachment is a denial of Justice and a Violation of the Constitutions of Parliaments Resolved That in the case of Edward Fitz-Harris who by the Commons hath been impeached of High Treason before the Lords with a Declaration that in convenient time they would bring up the Articles against him for the Lords to Resolve that the said Fitz-Harris should be proceeded with according to the course of Common Law and not by way of impeachment at this time is a denial of Justice and a violation of the Constitutions of Parliaments and an Obstruction to the further discovery of the Popish Plot and of great danger to his Majesties Person and the Protestant Religion Resolved That for any inferiour Court to proceed against Edward Fitz-Harris or any other person lying under an impeachment in Parliament for the same Crimes he or they stand impeached is a high breach of the Priviledge of Parliament And now let us follow my Authors account of Fitz-Harris his business who he says truly was a known Irish Papist and it appeared by the Informations given in the House he was made use of by some very great persons to set up a Counterfeit Protestant Conspiracy and thereby not only to drown the noise of the Popish Plot but to take off the Heads of the most eminent of those who refused to bow their knees to Baal c. That this might look as unlike a Popish Design and be the better received by the people as was possible they framed a libel full of the most bitter invectives against Popery and the Duke of York it carried as much seeming zeal for the Protestant Religion as Colemans Declaration and as much care and concern for our Laws as the penners of this Declaration would seem to have But it was also filled with the most subtile insinuations and the sharpest expressions against his Majesty that could be invented and with direct and passionate incitements to Rebellion This Paper as it appears by the account of it which was given at Fitz-Harris his Trial was penn'd in the stile and just like the Libels the sober Protestants daily Print and perhaps not much unlike our modest Vindicator in the main but had some things in it which they whisper for the present because it is dangerous Printing of them And some other things plainly spoken which the other Party have a way to insinuate craftily so that it may be understood and yet not hazard their sweet lives This saith my Author was to be conveyed by unknown Messengers Oates says by the Penny Post to their hands who were to be betrayed and then they were to be seized upon and those Libels sound about them were to be a Confirmation of the truth of a Rebellion which they had provided Witnesses to swear was designed by the Protestants and had before prepared men to believe by Private Whispers And the credit of this Plot should no doubt have been soon confirmed by speedy Justice done upon the pretended Criminals And now it is time to give a little better account of this Libel than perhaps the Author has given it was penned by one Mr. Everard by the direction of Fitz-Harris he fearing he might be shamm'd and that it was designed so called in one Mr. Smith and Sir William Waller into the business that so he might clear himself of it and trappan Fitz-Harris These two Gentlemen heard Fitz-Harris dictate the heads of it to Everard and one of them heard him approve of it when it was delivered to him Mr. Everard was promised his reward for all this by the French Embassadour as Sir William Waller swears in the Trial he heard Fitz-Harris say and upon Sir William Wallers giving the King an account of it Fitz-Harris was taken with the Libel about him Being taken and committed to Newgate he was examined the tenth day of March by Sir Robert Clayton and Sir George Treby There he speaks not one word of the Author of the Libel But being thus imprisoned he found there was no way to save his life but to curry favour with those
a man sit there twenty years yet he shall be allowed to know no more of them the day after he is turned out than I do The Declaration mentions one sort of men who are fond of their old beloved Commonwealth Principles and others are aangry at being disappointed in designs they had to accomplish their own ambition and greatness Surely says my Author if they know any such persons the only way to have prevented the mischiefs which they pretend to fear from them had been to have discovered them and suffered the Parliament to sit to provide against the evils they would bring upon the Nation by prosecuting them I cannot but fancy my Author smiled to himself when he made this pleasant Proposition In the next place my Author gives us a description of men of Commonwealth Principles he tells us They are men Passionately devoted to the publick good and to the common service of their Country who believe that Kings were instituted for the good of the People and Government ordained for the sake of those that are to be governed and therefore complain or grieve when it is used to contrary ends and that wise and honest men will be proud to be ranked in this number Now as favourably as he hath drawn it I assure him I for my part am none of the number for tho I know that if there were no People there could hardly have been Kings and that one main end of Government was the good of those that are to be governed yet I believe that God Almighty had some respect for Princes and Governours and did not design only the good of the People but their good too and tho I can grieve yet I am not apt to complain when things go amiss My Author in the next place spends a great deal of learning to prove That the word Commonwealth signifies the common good in which sense it hath been used by all good Authors c. Now this I will yield him with all my hearts that till one thousand six hundred and forty all the World thought that a good Commonwealth man and a good Subject were terms that might be promiscuously and indifferently used but the Author cannot be ignorant that not long after the word Commonwealth was so wholly appropriated to an odious Democracy by the Rebels of the late times whose usurped Seal and Coyn bore the Image and Superscription of the Beast that it is no ways likely it should ever recover its Primitive signification And I dare assure him that many of the English Nation will never be pleased to find in Parliament such men as have so great a kindness for the word as implies a hankering after the thing it has obtained to signifie But if the Declaration says my Vindicator would intimate that there had been any design of setting up a Democratical Government in opposition to our Legal Monarchy it is a Calumny just of a piece with the other thing which the Penners of the Declaration have vented in order to the laying upon others the blame of a design to overthrow the Government which only belongs to themselves Now Sir This is not the first time that his Majesty hath complained of a parcel of men who had such a design and if you please we will inquire a little into the reason of it That there was in the Nation a great number of men that had imbibed a Notion that all other kinds of Governments but what had something of the Democratical form in them without a single Person were Arbitrary and Tyrannical I suppose will not be denied that these men did not all of them expire when his Majesty landed from Breda is very probable but his Majesty being setled and all things running quite contrary to their Interest as you have told us may appear by comparing the Parliaments that were sent up in 1640. and 1660. these men were forced to seem more loyal than they were that they might one day appear what they were Now Sir it is not to be expected they should openly declare for the Commonwealth of England and desire Charles Stuart to march off and give them their right when blessed be God they have neither Men nor Money to back such an insolence with but yet we may be allowed to guess at their Designs by their Actions and if that may be allowed the Penners of the Declaration were not the only men that thought there was then and is now some Democratical or Commonwealth designs against the very Monarchy driving on and you must excuse me if I say the Calumny lies at your doors get rid of it as well as you can It is strange how this word should so change its significacation with us in twenty years All Monarchies in the world that are not purely Barbarous and Tyrannical have ever been called Commonwealths c. Sir I will grant more than that that all without exception have by some men been so stiled and produced good Authors for it But yet we that had so lately like to have been ruined by the word and men that were fond of it shall ever have reason to hate them and it and a less space of years than twenty such as passed betwixt 40. and 60. might be allowed to render a word hateful which in strict propriety signifies the Publick Affairs of a People managed by many with equal Authority I could easily answer all you have brought to defend the word but the case being plain I will not trouble my self or my Reader and therefore if you have no other Argument to prove men guilty of a fondness to Arbitrary Power than their aversion for this word I shall never go about to contend with you No man can have a greater Veneration for Parliaments than I have but then who are they that have disordered things to that height they lately were You say the Ministers are the men whom you represent as you use to do with bitter reflections on his Majesty and not the Parliament others say it was such men as your self and the case hath been by both Parties referred to the People and they have by thousands given their Verdicts against those their Representatives which to me is a strong Argument the case is not so difficult as you pretend for I do not conceive it possible to delude so great a part of the People into an abhorrence of their own Representatives without their having given them just cause And if we look about us we shall find these who design a change on either hand fomenting a misunderstanding between the King his Parliament and People whilst persons who love the Legal Monarchy both out of Choice and Conscience are they who desire the frequent and successful meetings of the great Council of the Nation Sir if you durst have spoken your mind plainly I might possibly have thought this the only honest passage in this whole Book but as it now stands it is to me apparent
regard to the Laws established This the Author could not deny nor defend and therefore he changeth the terms into a power of Repealing Laws with which the Commons were never charged Now a power of Suspending and a power of Recpealing are vastly different Every Pardon is a suspension of the Execution of the Law in relation to the Party pardoned and so is every Dispensation and when the King put forth the Declaration for Liberty of Conscience there was no design of repealing but only of suspending the Execution of the Penal Laws pro tempore so that if the Commons designed this Vote or Declaration of theirs should have any other effect than to shew their good will to the Dissenters it must extend tho not to a Repeal yet to a suspension of the Execution of the Penal Laws against them which is all the Declaration charged the Commons with and so the Dissenters understood it and have since pleaded this Vote in Bar to the Execution of those Laws against them tho they acknowledge they are not Repealed thereby Every impartial man will own that the Commons had reason for this opinion of theirs Suppose they had reason for it this will not give them a legal Power The King hath good reason to do many things which yet if he should offer at they would clamour against him as an Usurper of an Arbtrary Power for reason gives no man any Author to act except he hath a lawful power to back his reason with There may be great reason to repeat an Act of Parliament and yet in all the Judges in Westminster should thereupon declare it to be either suspended or repealed I know what we should hear of it quickly Well but let us hear their Reasons They had with great anxiety observed that the present design of the Papists was not against any one sort of Pretestants but Vniversal and 〈◊〉 extirpating the Reformed Religion That this might be the ultimate design of the Plot is not much to be doubted but it was immediately bent only against the Religion established and accodingly therwere Successors appointed to all the Bishops and 〈◊〉 Clergy but none to Mr. Baxter Dr. Owen and the rest of that Fry that ever I heard of So that this reason concludes not in favour of the Dissenters but of the Regular Clergy who as they were in most danger ought to have been most taken care of But this Vote left them in the same danger it found them of being destroyed by the Papists and let loose the Dissenters upon them too to encrease that danger 2. They saw what advantages these Enemies made of our Divisions and how cunningly they diverted us from persecuting them by fomenting our Jealousies of one another Did they not Sir observe too how the Dissenters took the occasion of the Plot and of the general hatred against Popery to ruine the Loyal and Conformable Clergy How they presently engrossed the Title of Protestant and endeavoured to make the Rabble believe that all but the Bobtail Holders forth and their Followers were Papists in Masquerade Tories Tantivimen c. If they did not observe these things others did And also that all of a sudden all the Jesuits assumed the shapes of Nonconformists and railed stoutly against Bishops Ceremonies Humane Impositions and Arbitrary Government They knew there was no Possibility of escaping the vengeance of the Church of England men but by setting the Dissenters upon them and they needed no Spur. So this was a good Argument to have taught the Dissenters more modesty but since they had not that it was a strong Argument to have suppress'd them vigorously as the only Auxiliaries of the Papists against the Church and the great hinderers of the prosecution of the Plot. 3. They saw the strength and nearness of the King of France and judged of his inclinations by his usage of his own Protestant Subjects 4. They considered the number and the bloudy Principles of the Irish And 5. That Scotland was already delivered into the hands of a Prince the known head of the Papists in these Kingdoms and the occasion of their Plots and Insolencies as more than one Parliament had declared It should have been worded thus as they had declared in more than one Parliament for these were the same men in several Parliaments who made these several Declarations Now I cannot conceive wherein the force of these three Arguments lies the French King was powerful and hated Protestants therefore the Church of England must be prepared for ruine by giving as many as pleased a free liberty to separate from her and procure her destruction The Irish Papists had ill designs just ripe for execution therefore the English Nonconformists were to be tolerated that they might get strength and be able to rise at the same time to ascertain the destruction of the Church But the fifth Reason is much better Scotland was in the hands of the Duke How came he by it What did he invade it by force and violence against his Majesties Will If he did then let us make a mighty Combination against him But if it were delivered to him by the proper Owner who may govern it by whom he please what occasion is there for the Dissenters service here 6. They could not but take notice into what hands the most considerable Trusts both Civil and Military were put 7. And that notwithstanding all Addresses and all Proclamations for a strict execution of the Penal Laws against Papists yet their Faction so far prevailed that they were eluded and only the Dissenting Protestants smarted under the rage of them That they took very good notice who were imployed in Civil and Military Trusts appears by the Address of December 21. 1680. not many days before this Vote where they tell the King That several Deputy Lieutenants and Justices of the Peace fitly qualified for those imployments have been of late displaced and others put in their room who are men of Arbitrary Principles and Countenancers of Papists and Popery These they would have had turned out and others put in who are men of Integrity and known affection to the Protestant Religion and may be moreover men of Ability of Estates and Interest in their Country His Majesty knew what they meant but did not think fit to change his choice and the truth is they gave him no great encouragement by their own carriage to have any more to do with these able wealthy popular men And therefore it seems this was one reason that moved them to Vote the Protestant Dissenters free from Penal Laws either to keep them out of the hands of these evil Trustees both Civil and Military or else to make a Party out of them not only against the Duke of York but also against these Countenancers of Papists and Popery that is against his Majesties Officers both Civil and Military As if because the French King notwithstanding his great Power and Aversion to the Protestant Religion