's or his King's word And though this were a sufficient reason for the mild course taken by the new Act injoyning the Oaths yet certainly the Nation does attribute that course very much to the mild Nature of the King who would not too hastily exact a Complyance nor too severely punish the want of it though certainly the accepting of him for King and swearing Allegiance to him is a matter of far greater moment than any opposition King James met with from the Church and so might deserve a severer punishment than for not obeying an illegal Mandate Our Author misses no opportunity of telling what is doing in Scotland but he is not so forward to tell us News from Ireland He tells us the Scotch Clergy are obliged to pray for the King and Queen under pain of Deprivation and pray why should they not But does not tell us that the Bishop of Dunkell was deprived by the late King for Voting or Arguing in Parliament according to his Conscience neither does he give us any account of the pretended Act of Parliament in Ireland taking away many of the Rights of the Clergy without any pretended fault nor of their Act repealing the Acts of Settlement which almost renders useless another of their Acts attainting our Nobility Gentry and Clergy only for being in England Here is Fangs and Claws with a witness and of so weak a Government that one would think these Acts were designed for nothing else than to shew the Temper of the Man and those that influence him The fourth Article is against the Court of the Commissioners for Ecclesiastical Causes To which he says That the Statute repealing the first of Elizabeth hath a Salvo for the King's Supremacy so that there was an appearance of Law to justifie that Commission and that our Parliament meddle with Ecclesiastical matters also Our Author is pretty modest in this Answer pretending but to an Appearance of Law to justifie the late Commission-Court So that now I am not only to argue against the Court but also to shew how little that very Appearance really was which I think will be best done by considering the Statutes of 170 Car. primi C. 110. and the 13. Car. secundi Cap. 12. In the first we will find that the Clause of the Statute of the Queen which Erected the first Ecclesiastical Commission-Court is repealed In this I do not find any Salvo for the King's Supremacy but there is a Clause of another nature to wit That no new Court shall be Erected with the like Power Jurisdiction or Authority as the former had or pretended to have and that all such Commissions made or to be made by his Majesty his Heirs or Successors and all Sentences and Decrees by colour thereof shall be utterly void and of none effect By the 13th of King Charles the second part of this Statute is repealed but what relates to the High Commission or the new Erecting of such another Court is not this Statute has the Salvo I suppose our Author means So that now the matter is shortly thus The first Statute suppresses the High Commission-Court in being and prohibits the Erecting of any such other for the future and Enacts some other things forreign to this matter which by Charles the second 's Statute are repealed But as to the High Commission-Court it confirms the former with the Author 's Salvo that this Act shall not extend to abridge the King's Supremacy in Ecclesiastical Affairs Now though this Statute had by this Clause been Felo de se yet still by the first Statute the Erecting any such new Court is prohibited for the Salvo only is That nothing in that Act shall abridge the King's Supremacy but does not say that nothing in the former shall To obviate this our Author put his Salvo in the first rather than in the other But I say further That though the Salvo had been where our Author would have it or that the Clause had been That nothing in either of the Acts should abridge the Supremacy or to make the matter a little plainer Suppose it had been literally worded provided that the King by his Supremacy may Erect such a Court when he thinks fit the matter had been but little mended for the Enacting part that no such Court should be Erected had been good and the Proviso void for it is a known Rule in Law That the Proviso or Exception must not wholly destroy the preceding Grant though it may lessen or qualifie it As for instance If one grant to me all his Trees and afterwards adds a Proviso except all his Trees the Grant is good and the Proviso void because it would tender the Grant wholly useless but he may except all his Trees in such a place or twenty or any number by name because there is a subject both for the Grant and Exception So a Proviso in the Act might have preserved the Supremacy in Wales or any particular place but being general it is void or rather has no operation on the matter positively Enacted though it may preserve the Supremacy in other matters This Article complains as much of the Executing as the Issuing this illegal Commission To which since our Author says nothing I will only add That though the Law had been plain for the Prerogative in this case as to the Erecting of the Court yet since King Charles who was looked upon as a Protestant did not think fit to put this Power in execution during the Twenty-four years he lived after the Statute which implies That either there was no need of such a Court or that he thought he had no Power of Erecting it it was a bold step in the late King to venture on it but perfect madness as he managed the matter When the Statute was in force the Proceedings were for the Correction and Reformation of such Offences as by the Ecclesiastical Jurisdiction could lawfully be corrected and reformed during the continuance of that Court which was near an hundred years The Proceedings there were only against persons that disobeyed the King's Laws never one was punished by them for not obeying a Letter but the Bishop of London the disobeying the King 's Arbitrary and Illegal Mandates was never looked upon as a crime before the late times And for a further instance and proof of their illegal Proceedings the Commissioners that acted in pursuance of the Statute could not proceed against persons for small Crimes or such as could be remedied by the ordinary For which reason we find in our Books that a Prohibition went out of the Temporal Courts to stop their Proceedings against one for Adultery as Judge Hutton tells us in Isabel Peel's Case unless in such Cases as were very exorbitant and notorious Now unless we have lost another the most secret Adultery of the Commandments is a greater Offence and a little more expresly prohibited than the Contempts punished in that Court. In Drake's Case a Prohibition went to stop
us to over-throw their Babel when they had almost brought it as they fancied to perfection And urges further That the King being willing to have his last intended Parliament as free as his People could desire had actually restored the old Charters to all the Corporations in England long before the Prince Landed Here the Author nifies the King's good intentions to us and would have us look upon his last Acts of kindness as the sole effects of his Goodness when alas they proceeded only from his Fears which will appear plain if we consider the Times of the several Passages relating to this matter The 9th of September New-Stile Mr. d' Avaux's Memorial to the States-General telling them of the strict Alliance between the two Crowns tells us of the Preparations making against us and came to our Court the 10th of September Old-Stile After ten days Consideration a Parliament is resolved on and the 21st the King by his Proclamation assures us of his kind Intentions to the Nation and Church and therein tells us he is willing the Roman Catholicks should remain incapable of being Members of the House of Commons a mighty favour The 26th of September the Lord-Lieutenants were authorized to grant Deputations to such Gentlemen as had been lately removed from the Lieutenancy and such Gentlemen were to be restored to the Commission of the Peace as had been lately laid aside The 28th of September his Majesty by Proclamation acquaints the Nation with the intended Invasion and recalls the Writs for the Parliament The 2d of October the King declared he would restore the Charter of London and gives us a General Pardon of the same date The 5th he Dissolves the Ecclesiastical Commission The 17th of October the other Corporations of the Kingdom are restored all which favours were conferred on us after they were terrified with the News of the Invasion so that we may rest fully assured they were the first fruits of that blessed design and the meeting of the Parliament was discharged Twenty days before the Restitution of the Corporations which by our Author's computation is a long time otherwise the Corporations were not restored long before the Prince Landed as our Author says they were The 9th Article is against Prosecutions in the King's Bench for Matters and Causes cognisable only in Parliament and by divers other arbitrary and illegal courses The last Clause is omitted and so might all our Author thinks fit to say in answer to the first being only That be doubts not but those Judges câ—n justifie their Proceedings and that some Parliaments have brought matters before them that were not properly cognisable by them But what those things are he does not tell us but be it so and let them and their Advocates justifie them if they can But in the mean time does it follow that because one Court exceeds its bounds sometimes that therefore the King's-Bench may or how does this make the Parallel between the present and the late Times If he had told us that our Speaker had been Prosecuted in the King's-Bench for his Actings as such and Fined 5 or 10000 l. he had said more to the purpose than he has done in the whole Book The Author says the tenth Article is about partial corrupt and unqualified Juries But he should also have added That divers Jurors in Tryals for High Treason were not Free-holders He knew the consequence of this matter in the brave Lord Russel's Case and therefore thought fit to pass it over in silence but tells us That the noise against Graham and Burton for such practises is now ouer for want of proof To which I say the thing is obvious though the steps of those that managed this work of darkness is not yet made plain and no wonder though the same should never happen considering how few persons but those concerned can have any knowledge of it it is not likely the party corrupted will proclaim his own villany and shame so that if the said persons if they were the managers do but keep their own Counsel no positive Witnesses can be had against them But then considering the Nature of the Case the great Sums of Money said to be laid out privately at Law will satisfie Men not over-credulous But if our Author will have a little patience he may hear what proof there is against those Gentlemen the House of Commons having lately ordered a Charge to be brought In against them which was not done sooner because they had matters of far greater importance to dispatch The eleventh Article is requiring excessive Bail in Criminal Cases to elude the benefit of the Laws made for the Liberty of the Subject The truth of this is not denied neither is it justified only the late Acts suspending the Habeas Corpus Act are exclaimed against which I must say is one of the greatest favours imaginable to those most concerned in it if it but prevent them from running too far in dangerous courses it had been a great Blessing to the Lord Dundee and his Family if the Estates of Scotland had committed his Person when they first observed him tampering though my kindness for some of those unfortunate persons then in custody makes me hope they were kept there as well to secure themselves as the Government yet I believe there are not many of them dare pretend to that innocency It must not be forgotten in this place how his Majesty like him whose Vicegerent he is mingles Mercy with his Justice and that he sent one of these Prisoners a considerable Sum of Money to support him from want not knowing how plentifully he might be provided from his own Estate with which it was not easie for him to hold any Communication our Author will find it hard to give me such an instance of Generosity in his King I have only one Remark more on this matter which is That if all Princes were endued with such Moderation and Clemency as our present King there would be but little need to secure us by Laws against that Wolf the Prerogative and that it is much better trusting Power with some Kings than others The late King could commit seven of our Peers at one time without and against the Law whereas his Majesty though encompassed with avowed Enemies in two of his Kingdoms and some as discontented as the Author in the third And though by the late Statutes he had Power to commit I may say at his pleasure yet I believe those so committed by him will scarce exceed the number lately carried to the Tower at one time so that upon experience of his prudent Moderation and that he does not use his Power for the Oppression of those that do not love him I see not why the Parliament may not continue this Trust for some time longer at least until Ireland be as well setled as the rest of the Kingdoms The 12th Article is by our Author made up of two I suppose on purpose to lessen the
and that as soon as conveniently could be it should be called in at the value it issued out and accordingly so it was But that is not practicable now at least to the advantage of any more of the Nation than the last Possessors all the other hands it passes through being certainly losers if in the Neighbourhood it be not as much valued as my Silver one which doubtless it will not be It is no strange thing to have Money inhanced something above the intrinsick value it has been the misfortune of most States to be forced in difficult times to make use of this expedient to increase their Coin But then as there always was an assurance from such Government that it should not only be received in all Payments to be made at the Exchequer but also called in at last so there was also some proportion or deâ—orum kept in the Advancement Thus in the worst of the late times when the Duke of Ormond Coined his own Plate and all that the respect to him or the Cause that he defended could gather together he thought it sufficient to add a tenth part and so made Five shillings out of Four and six-pence So in the Harp-money we find a fourth part added and a Nine-pence was issued out for a Shilling So that in the first Case I had Nineteen pounds instead of Twenty pounds and in the worst Fifteen pounds whereas from King James and his People I shall receive but Sixteen shillings Eight-pence for my Twenty pounds which is but the Twenty-fourth part of what I ought to have received This is the first time that ever any thing pretending to the Name of a Government was so Bankrupt as to issue Money that did not carry intrinsick value above the Twenty-fourth part of its Name The Story of the Frogs in the Fable was formerly so Satyrically applied that our Author should have avoided the bringing it into our Memory but he writes without considering the Consequences or how severely his Allegations may be returned England is 'twixt York and Thee The Fable of the Frog He the devouring Stork and Thou the Log. So he justifies the late King 's retiring into France because all Princes and States besides France were actually engaged against him without considering the other edge that there was little Conscience and less Prudence in disobliging all the States of Europe in favour of France or how from hence we may argue That that King who has all the States of Europe on his back will be able to afford but little relief to his Exiled Ally And one would think the usage the late King met with when he was last in France was no temptation to run the risque of a second Command to retire out of the Territories of his most Christian Majesty But in this we must excuse him for certainly he has not only forgotten the Usage he met wiâ—â— there but also that ever he was there otherwise he would not have added to the Causes of his first Exile But then this Reciprocal Love between France and Him was no Argument why he might not have stayed at home his Fear was not from the Rabble as our Author says for they Huzza'd his return from Feversham but the truth is he feared a Parliament and that they would secure the Religion and Liberties of the Subject and so ruin all his hopes of establishing Popery which it seems he feared more than the Abdicating of his Crowns Our Author pretends he would have gone to Scotland but that his Fleet had deserted him and there was danger in the Land way To which I say a single Ship could have carried him to Scotland as well as France but then it was offered him to chuse his place of Residence and at what distance from the Parliament and with what number of Guards he pleased but he liked not this because it supposed a Parliament But since his Fears were so strong upon him that stay he durst not why did he not leave us some sort of Government Was there no Ballast so proper for his Ship as the Broad Seal which was never carried beyond Sea but once before and it was then reckoned as a crime in him that did it though the Cardinal left the King behind him but we had neither shadow nor substance left us which is the first Act of Kindness he ever did this Nation freeing us thereby from those Chains wherewith we had â—ashly bound our selves Towards the latter end our Author would perswade us That it is a Calumny cast upon the late King to say he endeavours to be re-instated singly upon a Popish Interest and goes about to prove this by his Proclamations A weak Argument this time of the day but he enforces it by the good treatment he gives the Irish Protestants But our Author might as well prove that the French King expects the Possession of the Palatinate and the neighbouring Territories from his kind usage of the inhabitants though King James's Army cannot take Towns the â—â—â—nch way yet to shew the World they have learned someâ—â—â—â—g from the French General sent to assist them they have burned them the French way and in this have been so good Scholars that they have out-done their Masters so that all his labour is not lost for they have lately Burned more Towns in Vlster than the King of France in Germany some of them we can reckon as in the County of Derry Newtown Lemaâ—addy-muffe Monymore Dawsons-bridge Kilrea Ballyagby in the County of Donegall Raphae Donegall in Tyrone-Omegh Castleâ—arfeild in Down Newry in the Counties of Cavan and Monaghan Castlesanderson Farnam and other good Houses if not some Towns which is one proof that what they did of this sort was out of rage and malice and not with any design to incommede or prejudice the English Army For what great relief could an Army find in one House But what puts this matter beyond all dispute they left the Town of Strabane seituate within ten Miles of Derry unburnt in the middle of their Rage and Flames because it belonged to the Earl of Abercorn who is a Papist and Lord Strabane of that Kingdom and all this havock has been made since the late King's Arrival there It is needless after this to mention the Plunderings and Robberies of every Protestant in the Kingdom but in fact so it is that not one of them has escaped and if this should be excused as done against his Will and without his Consent and as the out-rage of a cruel and ill-paid Army if it be so let him be blameless but then do not tell us of the good Treatment he hath given the Irish Protestants If the blame thereof be taken from him and placed to the account of the War he has justice done him without pretending to any Merit from his kindness to the Protestants which will be much lessened if we consider that not one single Man of the Nation has been redressed Flocks of Cattel cannot be