has been formerly thought the whole Constitution of this Church and Kingdom which we dare not do till we have the Authority of Parliament for it It is to recommend to our People the Choice of such Persons to sit in Parliament as shall take away the Test and Penal Laws which most of the Nobility and Gentry of the Nation have declared their Judgment against It is to condemn all those great and worthy Patriots of their Country who forfeited the dearest thing in the World to them next a good Conscience viz. The Favour of their Prince and a great many honorable and profitable Employments with it rather than consent to that Proposal of taking away the Test and Penal Paws which they apprehend destructive to the Church of England and the Protestant Religion and he who can in Conscience do all this I think need scruple nothing For let us consider further what the Effects and Consequences of our Reading the Declaration are likely to be and I think they are Matter of Conscience too when they are evident and apparent This will certainly render our Persons and Ministry infinitely contemptible which is against that Apostolical Canon Let no Man despise thee Titus 2.15 That is so to behave himself in his Ministereal Office as not to fall under Contempt and therefore this obliges the Conscience not to make our selves ridiculous nor to render our Ministry our Counsels Exhortations Preaching Writing of no Effect which is a thousand times worse than being silenced Our Sufferings will preach more effectually to the People when we cannot speak to them but he who for Fear or Cowardise or the Love of this World betrays his Church and Religion by undue Compliances and will certainly be thought to do so may continue to Preach but to no purpose and when we have rendred our selves ridiculous and contemptible we shall then quickly fall and fall unpitied There is nothing will so effectually tend to the final Ruine of the Church of England because our Reading the Declaration will discourage or provoke or misguide all the Friends the Church of England has can we blame any Man for not preserving the Laws and the Religion of our Church and Nation when we our selves will venture nothing for it Can we blame any Man for consenting to Repeal the Test and Penal Laws when we recommend it to them by Reading the Declaration Have we not reason to expect that the Nobility and Gentry who have already suffered in this Cause when they hear themselves condemned for it in all the Churches of England will think it time to mend such a Fault and reconcile themselves to their Prince and if our Church fall this way is there any reason to expect that it should ever rise again These Consequences are almost as evident as Demonstrations and let it be what it will in it self which I foresee will destroy the Church of England and the Protestant Religion and Interest I think I ought to make as much Conscience of doing it as of doing the most immortal Action in Nature To say that these mischievous Consequences are not absolutely necessary and therefore do not affect the Conscience because we are not certain they will follow is a very mean Objection Moral Actions indeed have not such necessary Consequences as natural Causes have necessary Effects because no moral Causes act necessarily Reading the Declaration will not as necessarily destroy the Church of England as Fire burns Wood but if the Consequence be plain and evident the most likely thing that can happen if it be unreasonable to expect any other if it be what is plainly intended and designed either I must never have any regard to Moral Consequences of my Actions or if ever they are to be considered they are in this case Why are the Nobility and Gentry so extreamly averse to the Repeal of the Test and Penal Laws Why do they forfeit the King's Favour and their Honourable Stations rather than comply with it If you say that this tends to destroy the Church of England and the Protestant Religion I ask whether this be the necessary consequence of it whether the King cannot keep his promise to the Church of England if the Test and Penal Laws be Repealed We cannot say but this may be And yet the Nation does not think fit to try it and we commend those great men who deny it and if the same questions were put to us we think we ought in Conscience to deny them our selves And are there not as high probabilities that our Reading the Declaration will promote the Repeal of the Test and Penal Laws as that such a Repeal will ruine our Constitution and bring in Popery upon us Is it not as probable that such a complyance in us will disoblige all the Nobility and Gentry who have hitherto been firm to us as that when the power of the Nation is put into Popish Hands by the Repeal of such Tests and Laws the Priests and Jesuirs may find some salvo for the King's Conscience and perswade him to forget his Promise to the Church of England and if the probable ill consequences of Repealing the Test and Penal Laws be a good reason not to comply with it I cannot see but that the as probable ill consequences of Reading the Declaration is as good a reason not to read it The most material Objection is that the Dissenters whom we ought not to provoke will expound our not Reading it to be the effect of a persecuting Spirit Now I wonder Men should lay any weight on this who will not allow the most probable consequences of our Actions to have any influence upon Conscience For if we must compare consequences to disoblige all the Nobility and Gentry by reading it is likely to be much more fatal than to anger the Diffenters and it is more likely and there is much more reason for it that one should be offended than the other For the Dissenters who are wise and considering are sensible of the snare themselves and though they desire Ease and Liberty they are not willing to have it with such apparent hazard of Church and State I am sure that tho' we were never so desirous that they might have their Liberty and when there is opportunity of shewing our inclinations without danger they may find that we are nations without danger they may find that we are not such Persecutors as we are represented yet we cannot consent that they should have it this way which they will find the dearest Liberty that ever was granted This Sir is our Case in short the Difficulties are great on both sides and therefore now if ever we ought to besiege Heaven with our Prayers for Wisdom and Counsel and Courage that God would protect his Church and Reformed Christianity against all the devices of their Enemies Which is the daily and hearty Prayer of SIR Your Friend and Brother May 22. 1â—88 POSTSCRIPT I Have just now seen H. Care 's Paper
the People 2. There is a mutual compact tacit or express between a Prince and his Subjects and that if he perform not his duty they are discharg'd from theirs 3. That if lawful Governors become Tyrants or govern otherwise than by the Laws of God and Man they ought to do they forfeit the Right they had unto their Government Lex Rex Buchanan de Jure Regni Vindiciae contra tyrannos Bellarmine de Conciliis de Pontifice Milton Goodwin Baxter H. C. 4. The Sovereignty of England is in the three Estates viz. King Lords and Commons The King has but a co-ordinate Power and may be over-ruled by the other two Lex Rex Hunton of a limited and mix'd Monarchy Baxter H. C. Polit. Catech. 5. Birthright and proximity of Blood give no title to Rule or Government and it is Lawful to preclude the next Heir from his Right of Succession to the Crown Lex Rex Hunt's Postscript Doleman History of Succession Julian the Apostate Mene Tekel 6. It is Lawful for Subjects without the Consent and against the Command of the Supreme Magistrate to enter into Leagues Covenants and Associations for defence of themselves and their Religion Solemn League and Covenant Late Association 7. Self-preservation is the Fundamental Law of Nature and supersedes the Obligation of all others whenever they stand in competition with it Hobbs de Cive Leviathan 8. The Doctrine of the Gospel concerning patient suffering of Injuries is not inconsistent with violent resisting of the higher Powers in case of Persecution for Religion Lex Rex Julian Apostat Apolog. Relat. 9. There lies no Obligation upon Christians to Passive Obedience when the Prince Commands any thing against the Laws of our Country And the Primitive Christians chose rather to die than resist because Christianity was not yet settled by the Laws of the Empire Julian Apostate 10. Possession and strength give a right to Govern and Success in a Cause or Enterprize proclaims it to be Lawful and Just to pursue it is to comply with the Will of God because it is to follow the Conduct of his Providence Hobbs Owen's Sermon before the Regicides Jan. 31. 1648. Baxter Jenkin's Petition Octob. 1651. 11. In the state of Nature there is no difference between good and evil right and wrong the state of Nature is a state of War in which every Man hath a right to all things 12. The Foundation of Civil Authority is this natural right which is not given but left to the Supreme Magistrate upon Men's entring into Societies and not only a Foreign Invader but a Domestick Rebel puts himself again into a state of nature to be proceeded against not as a Subject but an Enemy And consequently acquires by his Rebellion the same right over the Life of his Prince as the Prince for the most heinous Crimes has over the Life of his own Subjects 13. Every Man after his entring into a Society retains a right of defending himself against Force and cannot transfer that right to the Common-wealth when he consents to that Union whereby a Common-wealth is made and in case a great many Men together have already resisted the Common-wealth for which every one of them expecteth Death they have liberty then to joyn together to assist and defend one another Their bearing of Arms subsequent to the first breach of their Duty though it be to maintain what they have done is no new unjust act and if it be only to defend their Persons is not unjust at all 14. An Oath superadds no obligation to pact and a pact obliges no further than it is credited And consequently if a Prince gives any Indication that he does not believe the Promises of Fealty and Allegiance made by any of his Subjects they are thereby freed from their subjection and notwithstanding their Pacts and Oaths may lawfully rebel against and destroy their Sovereign Hobbs de Cive Leviathan 15. If a People that by Oath and Duty are oblig'd to a Sovereign shall sinfully dispossess him and contrary to their Covenants chuse and covenant with another they may be obliged by their latter Covenant notwithstanding their former Baxter H. C. 16. All Oaths are unlawful and contrary to the Word of God Quakers 17. An Oath obliges not in the sense of the Imposer but the Takers Sheriffs Case 18. Dominion is founded in Grace 19. The Powers of this World are Usurpations upon the Prerogative of Jesus Christ and it is the Duty of God's People to destroy them in order to the setting Christ upon his Throne Fifth-Monarchy Men. 20. The Presbyterian Government is the Scepter of Christ's Kingdom to which Kings as well as others are bound to submit and the King's Supremacy in Ecclesiastical Affairs asserted by the Church of England is injurious to Christ the sole King and Head of his Church Altare Damascenum Apolog. relat Hist Indulgen Cartwright Travers 21. It is not lawful for Superiors to impose any thing in the Worship of God that is not antecedently necessary 22. The duty of not offending a weak Brother is inconsistent with all human Authority of making Laws concerning indifferent things Protestant Reconciler 23. Wicked Kings and Tyrants ought to be put to Death and if the Judges and inferior Magistrates will not do their office the Power of the Sword devolves to the People if the major part of the People refuse to exercise this Power then the Ministers may Excommunicate such a King after which it is lawful for any of the Subjects to kill him as the People did Athaliah and Jehu Jezabel Buchanan Knox. Goodman Gilby Jesuits 24. After the sealing of the Scripture-Canon the People of God in all ages are to expect new Revelations for a rule of their Actions * Quakers and other Enthusiasts and it is lawful for a private Man having an inward motion from God to kill a Tyrant †Goodman 25. The example of Phineas is to us instead of a Command for what God has commanded or approved in one Age must needs oblige in all Goodman Knox. Naphtali 26. King Charles the First was lawfully put to Death and his Murtherers were the blessed Instruments of God's Glory in their Generation Milton Goodwin Owen 27. King Charles the First made War upon his Parliament and in such a case the King may not only be resisted but he ceaseth to be King Baxter We decree judge and declare all and every of these Propositions to be False Seditious and Impious and most of them to be also Heretical and Blasphemous infamous to Christian Religion and destructive of all Government in Church and State We farther decree that the Books which contain the foresaid Propositions and impious Doctrines are fitted to deprave good Manners corrupt the Minds of unwary Men stir up Seditions and Tumults overthrow States and Kingdoms and lead to Rebellion murther of Princes and Atheism it self And therefore we interdict all Members of the University from the reading the said Books under the Penalties
violent corrupt and false sense will satisfy let us try what transprosing the Earl's Explanation will do and see how the just contrary will look And it must be thus I Have considered the Test nor am I at all desirous to give obedience so far as I can I am confident the Parliament intended to impose contradictory Oaths And therefore I think every man can explain it for others as well as for himself and take it without reconciling it either to it self or his own sense of it And I do take it tho it be inconsistent with it self and the Protestant Religion And I declare that I mean thereby to bind up my self never either in my station or in any lawful way whatsoever to wish or endeavour in the least any alteration tho to the advantage of Church or State and tho never so suitable and no way repugnant to the Protestant Religion and my Loyalty And tho this be the express quality of my Swearing yet I understand it to be no part of my Oath Now whether this contradictory Conversion be not Treason or highly Criminal at best I leave all the World to judge and to make both sides of a contradiction that is both the Affirmative and Negative of the same Proposition Treason is beyound ordinary Logick Escobar finds two contrary ways may both be probable and safe ways to go to Heaven but neither he nor the Devil himself have hitherto adventured to declare two contradictory Propositions both damnable and either of them a just cause to take away mens Lives Honours and Fortunes But where the Disease is in the Will it is lost labour to apply Remedies to the Understanding and must not this be indeed either the oddest Treason or strangest Discovery that ever was heard of The Bishop of Edinburgh sees it not witness his Vindication saying the same and more nor many of the Orthodox Clergy witness their Explanations nor his Royal Highness in private nor at first in Council nor all the Councellors when together at the Council-board nor the President of the Council nor the then President of the Session now Chancellor though he rose from his Seat to be sure to hear nor any of the most learned Lawyers witness their signed Opinion nor the most learned of the Judges on the Bench nor the generality of the knowing Persons either in Scotland or England wonderful Treason one day seen by none another day seen by so many A Stander-by hearing the Trial and the Sentence said He believed the Earl's words were by Popish Magick transubstantiate for he saw them the same as before Another answered that he verily thought it was so for he was confident none could see Treason in the words that would not when ever it was a proper time readily also profess his belief of Transubstantiation but he believed many that professed both believed neither The second Head of the Earl's Additional Defence contains the impertinencies and absurdities of the Advocate 's Arguings And here you must not expect any solid debate For as there is no disputing with those that deny Principles so as little with those who heap up phantastical and inconsequential Inferences without all shadow of reason If a Stone be thrown though it may do hurt yet having some weight it may be thrown back with equal or more force But if a man trig up a feather and fling it it is in vain to throw it back and the more strength the less success It shall therefore serve by a cursory Discourse to expose his Arguments which are in effect easier answered than understood and without any serious arguing which they cannot bear rather leave him to be wise in his own eyes than by too much empty talk hazard to be like him He alledges first That the Earl instead of taking the Test in its plain and genuine meaning as he ought doth declare against and defame the Act that enjoined it which is certainly a great Crime But now Inasmuch says the Advocate as he tells us That he had considered the Test Which I have indeed heard say was his greatest Crime and that he ought to have taken it with a profound and devout ignorance as some of our most inventive Politicians boasted they had done But the Earl says that he was desirous to give obedience as far as he could whereby says the Advocate he insinuates that he was not able to give full obedience This is not the meaning but what if it were and that indeed he could not Have not thousands given no obedience yet even in Law are guiltless And ought not that to please his Highness and the Council that is accepted of God Almighty and is all any Mortal can perform But the Earl says the Advocate goes on That he was confident the Parliament never intended to impose contradictory Oaths whereby says the Advocate he abuses the People with a belief that the Parliament did intend to impose such Wonderful reasoning All men know that Parliaments neither are nor pretend to be infallible And in our present Case hundreds of Loyal Subjects complain of Contradictions and Inconsistencies some way or other crept into this Oath And even the Council have yielded so far to their Exceptions as to make an alteration upon it for satisfying those scruples far beyond any thing the Earl said and such an alteration as I believe few dreamed of and I am certain none durst have attempted without their express command and authority and yet in the midst of all this the Earl's charitable and honest Opinion in behalf of the Parliaments good Intentions must be perverted to a direct slander But the Earl says That every man must explain it for himself and so no doubt he must if the Test be either in it self or in his apprehension ambiguous otherwise how can he swear in Judgment But this the Advocate will have to be a man 's own sense and thereupon runs out That hereby this Law and Oath and all Laws and Oaths are rendred useless and to no purpose And further the Legislative Power is taken from the Imposer and setled in the Taker of the Oath which certainly is a most treasonable presumption But first although there be no reason to strain or mistake the Expression yet the Earl did not say That every man must take the Test in his own sense II. The Council hath now explained the Test for the Clergy Might not then the Earl before their Explanation was devised say by the Councils allowance which he had That he might explain it for himself For if an ambiguous Proposition the Test for example may be reconciled to it self two different ways must not the Taker reconcile it as in his own sense he thinks it doth best agree with the genuine meaning of the words themselves and with the sense he conceives was intended by the Parliament that formed it especially before the Parliament emit their own Explanation And is it not juster to do it so than in any other
of Justitiary before pronouncing sentence but without any answer or effect It was then commonly said that by the old Law and Custom the Court of Justitiary could no more in the case of Treason than of any other Crime proceed further against a Person not compearing and absent than to declare him Out-Law and Fugitive And that albeit it be singular in the case of Treason that the Trial may go on even to a final Sentence though the Party be absent yet such Trials were only proper to and always reserved for Parliaments And that so it had been constantly observed until after the Rebellion in the Year 1666 But there being several Persons notourly engaged in that Rebellion who had escaped and thereby withdrawn themselves from Justice it was thought that the want of a Parliament for the time ought not to afford them any immunity and therefore it was resolved by the Council with advice of the Lords of Session that the Court of Justitiary should summon and proceed to trial and sentence against these Absents whether they compeared or not and so it was done Only because the thing was new and indeed an innovation of the old Custom to make all sure in the first Parliament held thereafter in the Year 1669. it was thought fit to confirm these Proceedings of the Justitiary in that point and also to make a perpetual Statute that in case of open Rebellion and Rising in Arms against the King and Government the Treason in all time coming might by an Order from His Majesty's Council be tried and the Actors proceeded against by the Lords of Justitiary even to final sentence whether the Traytors compeared or not This being then the present Law and custom it is apparent in the first place that the Earl's Case not being that of an open Rebellion and Rising in Arms is not at all comprehended in the Act of Parliament So that it is without question that if in the beginning he had not entered himself Prisoner but absented himself the Lords of Justiciary could not have gone further than upon a citation to have declared him Fugitive But others said that the Earl having both entered himself Prisoner and compeared and after debate having been found guilty before he made his escape the case was much altered And whether the Court could notwithstanding of the Earl's intervening escape yet go on to sentence was still debatable for it was alledged for the affirmative that seeing the Earl had twice compeared and that after debate the Court had given judgment and the Assize returned their Verdict so that had nothing remained but the pronouncing of Sentence it was absurd to think that it should be in the power of the Party thus accused and found guilty by his escape to frustrate Justice and withdraw himself from the punishment he deserved But on the other hand it was pleaded for the Earl That first It was a fundamental Rule That until once the Cause were concluded no Sentence could be pronounced Next that it was a sure Maxim in Law that in Criminal Actions there neither is or can be any other conclusion of the cause than the Parties presence and silence So that after all that had past the Earl had still freedom to add what he thought fit in his own defence before pronouncing sentence and therefore the Lords of Justiciary could no more proceed to sentence against him being escaped than if he had been absent from the beginning the Cause being in both cases equally not concluded and the principle of Law uniformly the same viz. That in Criminals except in cases excepted no final sentence can be given in absence For as the Law in case of absence from the beginning doth hold that just temper as neither to suffer the Contumacious to go altogether unpunished nor on the other hand finally to condemn a party unheard And therefore doth only declare him Fugitive and there stops So in the case of an Escape before Sentence where it cannot be said the Party was fully heard and the Cause concluded the Law doth not distinguish nor can the parity of Reason be refused Admitting then that the Cause was so far advanced against the Earl that he was found guilty Yet 1. This is but a declaring of what the Law doth as plainly presume against the Party absent from the beginning and consequently of it self can operate no further 2dly The finding of a Party guilty is no conclusion of the Cause And 3dly As it was never seen nor heard that a Party was condemned in absence except in excepted Cases whereof the Earl's is none so he having escaped and the Cause remaining thereby unconcluded the general rule did still hold and no sentence could be given against him It was also remembred that the Dyets and days of the Justice Court are peremptour and that in that case even in Civil far more in Criminal Courts and Causes a Citation to hear Sentence is constantly required which induced some to think that at least the Earl should have been lawfully cited to hear Sentence before it could be pronounced But it is like this course as confessing a difficulty and occasioning too long a delay was therefore not made use of However upon the whole it was the general Opinion That seeing the denouncing the Earl Fugitive would have wrought much more in Law than all that was commonly said at first to be designed against him And that his Case did appear every way so favourable that impartial men still wondered how it came to be at all questioned It had been better to have sisted the Process with his Escape and taken the ordinary course of Law without making any more stretches But as I have told you when the Friday came the Lords of Justiciary without any respect or answer given to the Petition above-mentioned given in by the Countess of Argyle to the Court for a stop pronounced Sentence first in the Court and then caused publish the same with all solemnity at the Mercat-Cross at Edinburgh FOrasmuch as it is found by an Assize That Archibald Earl of Argyle is guilty and culpable of the Crimes of Treason Leasing-making and Leasing-telling for which he was detained within the Castle of Edinburgh out of which he has now since the said Verdict made his Escape Therefore the Lords Commissioners of Justiciary decern and adjudge the said Archibald Earl of Argyle to be execute to the death demained as a Traytor and to underly the pains of Treason and other punishments appointed by the Laws of this Kingdom when he shall be apprehended at such a time and place and in such manner as his Majesty in his Royal pleasure shall think fit to declare and appoint And his Name Memory and Honours to be extinct And his Arms to be riven forth and delete out of the Books of Arms swa that his Posterity may never have place nor be able hereafter to bruick or joyse any Honour Offices Titles or Dignities within this Realm in
dangerous a Vertue to be commended If then for these and a thousand other Reasons there is cause to suspect sure your new Friends are not to dictate to you or advise you for instance the Addresses that fly abroad every Week and Murther us with another to the same the first Draughts are made by those who are not very proper to be Secretaries to the Protestant Religion and it is your Part only to write them out fairer again Strange that you who have been formerly so much against Set Forms should now be content the Priests should Indite for you The Nature of Thanks is an unavoidable Consequence of being Pleased or Obliged they grow in the Heart and from thence shew themselves either in Looks Speeches Writing or Action No Man was ever Thankful because he was bid to be so but because he had or thought he had some Reason for it If then there is cause in this Case to pay such extravagant Acknowledgments they will flow naturally without taking such pains to procure them and it is unkindly done to tire all the Post-Horses with Carrying Circular Letters to sollicit that which would be done without any Trouble or Constraint If it is really in it self such a Favour what needeth so much pressing Men to be Thankful and with such eager Circumstances that where Perswasions cannot delude Threatnings are employed to fright them into a Compliance Thanks must be voluntary not only unconstrained but unsolicited else they are either Trifles or Snares they either signifie nothing or a great deal more than is intended by those that give them If an inference should be made that whosoever thanketh the King for his Declaration is by that engaged to justifie it in point of Law it is a greater stride than I presume all those care to make who are perswaded to Address If it shall be supposod that all the Thankers will be Repealers of the TEST when ever a Parliament shall Meet Such an Expectation is better prevented before than disappointed afterwards and the surest way to avoid the lying under such a scandal is not to do any thing that may give a colour to the Mistake These Bespoken Thanks are little less improper than Love Letters that were solicited by the Lady to whom they are to be Directed So that besides the little ground there is to give them the manner of getting them doth extreamly lessen their Value It might be wished that you would have suppressed your impatience and have been content for the sake of Religion to enjoy it within your selves without the Liberty of a publick Exercise till a Parliament had allowed it but since that could not be and that the Artificers of some amongst you have made use of the Well-meant Zeal of the Generality to draw them into this Mistake I am so far from blaming you with that sharpness which perhaps the Matter in strictness would bear that I am ready to err on the side of the more gentle construction There is a great difference between enjoying quietly the advantages of an Act irregularly done by others and the going about to support it against the Laws in being The Law is so Sacred that no Trespass against it is to be Defended yet Frailties may in some measure be Excused when they cannot be justified The desire of enjoying a Liberty from which men have been so long restrained may be a Temptation that their Reason is not at all times able to resist If in such a case some Objections are leapt over indifferent men will be more inclined to lament the Occasion than to fall too hard upon the Fault whilst it is covered with the Apology of a good intention but where to rescue your selves from the severity of one Law you give a blow to all the Laws by which your Religion and Liberty are to be protected and instead of silently receiving the benefit of this Indulgence you set up for Advocates to support it you become voluntary Aggressors and look like Counsel retained by the Prerogative against your old Friend Magna Charta who hath done nothing to deserve her falling thus under your Displeasure If the case then should be that the Price expected from you for this Liberty is giving up your Right in the Laws sure you will think twice before you go any further in such a losing Bargain After giving Thanks for the breach of one Law you lose the Right of Complaining of the breach of all the rest you will not very well know how to defend your selves when you are pressed and having given up the Question when it was for your advantage you cannot recall it when it shall be to your Prejudice If you will set up at one time a Power to help you which at another time by Parity of Reason shall be made use of to destroy you you will neither be pitied nor relieved against a Mischief you draw upon your selves by being so unreasonably thankful It is like calling in Auxiliaries to help who are strong enough to subdue you In such a case your Complaints will come too late to be heard and your sufferings will raise Mirth instead of Compassion If you think for your excuse to expound your thanks so as to restrain them to this particular case others for their ends will extend them further and in these differing Interpretations that which is back'd by Authority will be the most likely to prevail especially when by the advantage you have given them they have in truth the better of the Argument and that the Inferences from your own Concessions are very strong and express against you This is so far from being a groundless Supposition that there was a late instance of it the last Session of Parliament in the House of Lords where the first Thanks though things of course were laterpreted to be the Approbation of the King 's whole Speech and a Restraint from the further Examination of any part of it though never so much disliked and it was with difficulty obtained not to be excluded from the Liberty of objecting to this mighty Prerogative of Dispensing meerly by this innocent and usual piece of good Manners by which no such thing could possibly be intended This sheweth that some bounds are to be put to your good Breeding and that the Constitution of England is too valuable a thing to be ventured upon a Complement Now that you have for some time enjoyed the benefit of the End it is time for you to look into the Danger of the Means The same Reason that made you desirous to get Liberty must make you solicite us to preserve it so that the next thought will naturally be not to engage your self beyond Retreat and to agree so far with the Principles of all Religions as not to rely upon a Death bed Repentance There are certain Periods of time which being once past make all cautions ineffectual and all Remedies desperate Our Understandings are apt to be hurried on by the first heats
which they do evidently show that they are restrained by no Rules or Law whatsoever but that they have subjected the Honors and Estates of the Subjects and the establish'd Religion to a Despotick Power and to Arbitrary Government in all which they are served and seconded by those Ecclesiâ—stical Commissioners They have also followed the same Methods with relation to Civil Affairs For they have procured orders to examine all Lords-Lieutenants Deputy-Lieutenants Sheriffs Justices of Peace and all others that were in any publick Imployment if they would concur with the King in the Repeal of the Test and Penal Laws and all such whose Consciences did not suffer them to comply with their Designs were turned out and others were put in their places who they believed would be more compliant to them in their designs of defeating the intent and Execution of those Laws which had been made with so much Care and Caution for the Security of the Protestant Religion And in many of these places they have put professed Papists tho the Law has disabled them and warranted the Subjects not to have any regard to their Order They have also invaded the Privileges and seised on the Charters of most of those Towns that have a right to be represented by their Burgesses in Parliament and have procured Surrenders to be made of them by which the Magistrates in them have delivered up all their Rights and Privileges to be disposed of at the Pleasure of those Evil Counsellors who have thereupon placed new Magistrates in those Towns such as they can most entirely confide in and in many of them they have put Popish Magistrates notwithstanding the Incapacities under which the Law has put them And whereas no Nation whatsoever can subsist without the Administration of good and impartial Justice upon which Men Lives Liberties Honors and Estates do depend those Evil Counsellors have subjected these to an Arbitrary and Despotick Power In the most important Affairs they have studied to discover before-hand the Opinions of the Judges and have turned out such as they found would not conform themselves to their Intentions and have put others in their places of whom they were more assured without having any regard to their Abilities And they have not stuck to raise even professed Papists to the Courts of Judicature notwithstanding their Incapacity by Law and that no regard is due to any Sentences flowing from them They have carried this so far as to deprive such Judges who in the common Administration of Justice shew that they were governed by their Consciences and not by the Directions which the others gave them By which it is apparent that they design to render themselves the absolute Masters of the Lives Honors and Estates of the Subjects of what Rank or Dignity soever they may be and that without having any regard either to the Equity of the Cause or to the Consciences of the Judges whom they will have to submit in all things to their own Will and Pleasure hoping by such ways to intimidate those other Judges who are yet in Imployment as also such others as they shall think fit to put in the rooms of those whom they have turned out and to make them see what they must look for if they should at any time act in the least contrary to their good liking and that no Failings of that kind are pardoned in any Persons whatsoever A great deal of Blood has been shed in many places of the Kingdom by Judges governed by those Evil Counsellors against all the Rules and Forms of Law without so much as suffering the Persons that were accused to plead in their own Defence They have also by putting the Administration of Justice in the Hands of Papists brought all the Matters of Civil Justice into great Uncertainties with how much exactness and Justice soever that these Sentences may have been given For since the Laws of the Land do not only exclude Papists from all places of Judicature but have put them under an Incapacity none are bound to acknowledge or to obey their Judgments and all Sentences given by them are null and void of themselves so that all Persons who have been cast in Trials before such Popish Judges may justly look on their pretended Sentences as having no more Force than the Sentences of any private and unauthorised Person whatsoever So deplorable is the case of the Subjects who are obliged to answer to such Judges that must in all things stick to the Rules which are set them by those Evil Counsellors who as they raised them up to those Imployments so can turn them out of them at pleasure and who can never be esteemed Lawful Judges so that all their Sentences are in the Construction of the Law of no Force and Efficacy They have likewise disposed of all Military Imployments in the same manner For tho the Laws have not only excluded Papists from all such Imployments but have in particular provided that they should be disarmed yet they in contempt of those Laws have not only armed the Papists but have likewise raised them up to the greatest Military Trusts both by Sea and Land and that Strangers as well as Natives and Irish as well as English that so by these means they having rendered themselves Masters both of the Affairs of the Church of the Government of the Nation and of the course of Justice and subjected them all to a Despotick and Arbitrary Power they might be in a capacity to maintain and execute their wicked Designs by the assistance of the Army and thereby to enslave the Nation The dismal Effects of this Subversion of the established Religion Laws and Liberties in England appear more evidently to us by what we see done in Ireland where the whole Government is put into the hands of Papists and where all the Protestant Inhabitants are under the daily Fears of what may be justly apprehended from the Arbitrary Power which is set up there which has made great Numbers of them leave that Kingdom and abandon their Estates in it remembering well that Cruel and Bloody Massacre which fell out in that Island in the year 1641. Those Evil Counsellors have also prevailed with the King to declare in Scotland that he is cloathed with Absolute Power and that all the Subjects are bound to obey him without Reserve upon which he has assumed an Arbitrary Power both over the Religion and Laws of that Kingdom from all which it is apparent what is to be looked for in England as soon as Matters are duly prepared for it Those great and insufferable Oppressions and the open Contempt of all Law together with the Apprehensions of the said Consequences that must certainly follow upon it have put the Subjects under great and just Fears and have made them look after such lawful Remedies as are allowed of in all Nations yet all has been without effect And those Evil Counsellors have endeavored to make all Men apprehend the loss of
and of which you have seen so fresh an instance that we need not put you in mind of it You know how many of your Fellow-Officers have been used for their standing firm to the Protestant Religion and to the Laws of England and you cannot flatter your selves so far as to expect to be better used if those who have broke their word so often should by your means be brought out of those Straits to which they are reduced at present We hope likewise that you will not suffer your selves to be abused by a false Notion of Honour but that you will in the first place consider what you owe to Almighty God and your Religion to your Country to your Selves and to your Posterity which you as Men of Honour ought to prefer to all private Considerations and Engagements whatsoever We do therefore expect that you will consider the Honour that is now set before you of being the Instruments of serving your Country and securing your Religion and We will ever remember the Service you shall do Us upon this Occasion and will promise unto you that We shall place such particular Marks of our Favour on every one of you as your Behaviour at this time shall deserve of Us and the Nation in which we will make a great Distinction of those that shall come seasonably to join their Arms with ours and you shall find us to be Your Well-wishing and Assured Friend W. H. P. O. Prince George 's Letter to the King SIR WITH a Heart full of Grief am I forced to Write what Prudence will not permit me to say to your Face And may I e'er find Credit with your Majesty and protection from Heaven as what I now do is free from Passion Vanity or Design with which Actions of this Nature are too often accompanied I am not ignorant of the frequent Mischiefs wrought in the World by factious pretences of Religion but were not Religion the most justifiable Cause it would not be made the most specious pretence And your Majesty has always shewn too uninterested a Sense of Religion to doubt the just Effects of it in one whose Practices have I hope never given the World cause to censure his real conviction of it or his backwardness to perform what his Honour and Conscience prompt him to How then can I longer disguise my just Concern for that Religion in which I have been so happily Educated which my Judgment throughly convinces me to be best and for the Support of which I am so highly interested in my Native Country And is not England now by the most endearing Tie become so Whilst the restless Spirits of the Enemies of the REFORMED RELIGION back'd by the cruel Zeal and prevailing Power of France justly alarm and unite all the Protestant Princes of Christendom and engage them in so vast an Expence for the support of it can I act so degenerous and mean a part as to deny my Concurrence to such worthy Endeavours for disabusing of your Majesty by the Reinforcement of those Laws and Establishment of that Government on which alone depends the well-being of your Majesty and of the PROTESTANT RELIGION in Europe This Sir is that irresistible and only Cause that cou'd come in Competition with my Duty and Obligations to your Majesty and be able to tear me from You whilst the same Affectionate Desire of serving You continues in me Could I secure your Person by the Hazard of my Life I should think it could not be better Employed And wou'd to God these Your distracted Kingdoms might yet receive that satisfactory Compliance from your Majesty in all their justifiable pretensions as might upon the only sure Foundation that of the Love and Interest of your Subjects establish your Government and as strongly Unite the Hearts of all your Subjects to You as is that of SIR Your Majesty's most Humble and most Obedient Son and Servant The Lord Churchill 's Letter to the King SIR SInce Men are seldom suspected of Sincerity when they act contrary to their Interests and though my dutiful Behaviour to your Majesty in the worst of Times for which I acknowledge my poor Services much over paid may not be sufficient to incline You to a charitable Interpretation of my Actions yet I hope the great Advantage I enjoy under Your Majesty which I can never expect in any other change of Government may reasonably convince Your Majesty and the World that I am acted by a higher Principle when I offer that violence to my inclination and interest as to desert Your Majesty at a time when your Affairs seem to challenge the strictest Obedience from all your Subjects much more from one who lies under the greatest personal Obligations imaginable to Your Majesty This Sir could proceed from nothing but the inviolable Dictates of my CONSCIENCE and a necessary concern for my RELIGION which no good man can oppose and with which I am instructed nothing ought to come in Competition Heaven knows with what partiality my dutiful Opinion of Your Majesty hath hitherto represented those unhappy Designs which inconsiderate and self-interested men have framed against Your Majesty's true Interest and the Protestant Religion But as I can no longer joyn with such to give a pretence by Conquest to bring them to effect so will I always with the hazard of my Life and Fortune so much your Majesty's due endeavour to preserve Your Royal Person and Lawful Rights with all the tender Concern and dutiful Respect that becomes SIR Your Majesty's most Dutiful and most Obliged Subject and Servant The Princess Ann of Denmark 's Letter to the Queen Madam I Beg your pardon if I am so deeply affected with the surprising News of the Princes being gon as not to be able to see You but to leave this Paper to Express my humble Duty to the King and your Self and to let You know that I am 〈◊〉 to absent my self to avoid the King's Displeasure which I am not able to bear â—ur ther against the Prince or my Self And I shall stay at so great a distance as not to return before I hear the happy News of a Reconcilement And as I am confident the Prince did not leave the King with any other design than to use all possible means for His Preservation so I hope You will do me the Justice to believe that I am uncapable of following Him for any other End Never was any one in such an unhappy Condition so divided between Duty and Affection to a Father and a Husband and therefore I know not what to do but to follow one to preserve the other I see the general falling off of the Nobility and Gentry who avow to have no other end than to prevail with the King to secure their Religion which they saw so much in danger by the Violent Counsels of the Priests who to promote their own Religion did not care to what dangers they exposed the King I am fully perswaded that the Prince of
Regnis atque populi innumerabiles in Guerrâ illâ mortem mortis periculum sustinuerunt bona quoque catalla inaestimabilia thesauros innumerabiles pro sustentatione hujus guerrae Communes Regni hujus indefesse effuderunt Et quod graviùs dolendum est jam in diebus vestris tanta onera iis imposita pro guerris vestris sustinendis supportaverunt quod ad tantam pauperiem incredibilem deducti sunt quod nec reditus suos pro suis tenementis solvere possunt nec Regi subvenire nec vitae necessaria sibi ipsis ministrare depauperatur Regia potestas Dominorum Regni magnatum infelicitas adducitur atque totius populi debilitas Nam Rex depauperari nequit qui divitem habet populum nec dives esse potest qui pauperes habet communes Et mala haec omnia redundant non solum Regi sed omnibus singulis Dominis Proceribus Regni unicuique in suo gradu Et haec omnia eveniunt per iniquos ministros Regis qui malè gubernaverunt Regem Regnum usque in praesens Et nisi manus citiùs apponamus adjutrices remedii fulcimentum adhibeamus Regnum Angliae dolorosè attenuabitur tempore quo minus opinamur Sed unum aliud de nuncio nostro superest nobis ex parte populi vestri vobis intimare Habent enim EX ANTIQUO STATUTO de facto non longe retroactis temporibus experienter quod dolendum est habito si Rex EX MALIGNO CONSILIO QUOCUNQUE vel INEPTA CONTUMACIA aut CONTEMPTU seu PROTERVA VOLUNTATE SINGULARI aut QUOVIS MODO IRREGULARI se alienaverit à populo suo nec voluerit per jura Regni Statuta ac laudabiles Ordinationes cum salubri consilio Dominorum Procerum Regni gubernari regulari sed capitose in suis insanis consiliis propriam voluntatem suam singularem proterve exercere extunc licitum est iis cum communi assensu consensu Populi Regni ipsum REGEM DE REGALI SOLIO ABROGARE propinquiorem aliquem de stirpe Regiâ loco ejus in Regni solio sublimare H. Knighton Collect. 2681. Wherefore taking wholsome Advice they sent by common Assent of the whole Parliament the Lord Thomas de Woodstock Duke of Glocester and Thomas de Arundell Bishop of Ely to the King to Eltham to salute him on behalf of the Lords and Commons of his Parliament who express'd their Desires to the King to this effect Sir The Lords and all the Commons of your Parliament have themselves commended to your most excellent Majesty desiring the Success of your invincible Honour against the Power of your Enemies and a most firm Bond of Peace and Love in your Heart towards your Subjects for your good God-wards and the good of your Soul and to the unspeakable Comfort of all your People whom you govern On whose behalf we intimate these things to you That it appears to us by an antient Statute and by laudable and approved Vsage which cannot be deny'd that our King can call together the Peers of the Realm and the Commons once a year to his Parliament as to the supream Court of the whole Kingdom in which all Right and Justice ought to shine forth without any doubt or stain as the Sun at Noon-day where Poor and Rich may find an infallible Refuge to enjoy the Refreshments of Tranquillity and Peace and for repelling of Injuries where also Errors in Government are to be reformed and the State and Government of King and Kingdom treated upon by sage Advice and the destroying and repelling of both intestine and foreign Enemies to the King and Kingdom with most Convenience and Honour may be debated upon and provided for as also in what manner the Charges incumbent upon the King and Kingdom may be born with most ease to the Commonalty They conceive likewise that since they bear the incumbent Charges it concerns them to inspect how and by whom their Goods and Chattels are expended They say also that it appears to them by an antient Statute that if the King absent himself from his Parliament voluntarily not by reason of Sickness or for any other necessary cause but through an inordinate Will shall wantonly absent himself by the space of forty days as not regarding the Vexation of his People and their great Expences it shall then be lawful to all and singular of them to return to their own Homes without the King's leave And you have now been longer absent and have refused to come to them for what cause they know not Then said the King I now plainly see that my People and the Commons design to oppose me with Force and are about to make an Insurrection against me And if I be so infested I think the best course I can take will be to _____ my Cousin the King of France and ask his Advice and pray in aid of him against those that way-lay me and rather to submit my self to him than be foil'd by my own Subjects To which they reply'd That Counsel is not for your good but will inevitably tend to your ruin for the King of France is your capital Enemy and the greatest Adversary that your Kingdom has and if he should set his foot within your Kingdom he would rather endeavour to prey upon you and invade your Realm and to depose you from your Royal Dignity than afford you any Assistance if which God forbid you should stand in need of his help Call to mind therefore how your Grand-father King Edward III and your Father Prince Edward for him fought indefatigably in Sweat and Sorrow all their days and went through innumerable Hardships of Cold and Heat to acquire the Kingdom of France which by hereditary Right appertain'd to Them and does now to You by Succession after them Remember likewise how innumerable Lords and Commons of both Realms and Kings and Gentlemen of other Kingdoms and People innumerable perished or hazarded perishing in that War and that the Commons of this Realm pour'd out Goods of inestimable value and innumerable Sums of Money for the carrying on of that same War and which is more to be lamented they have now in your days undergone such heavy Taxes towards the maintaining of your Wars that they are reduced to such incredible Poverty that they cannot so much as pay their Rents for their Farms nor aid the King nor afford themselves Necessaries and the King himself is impoverish'd and the Lords become uneasy and all the People faint for a King cannot become poor that has a rich People nor can he be rich whose People are poor And all these Mischiefs redound not to the King only but also to all and singular the Peers of the Realm in proportion And all these Mischiefs happen by means of the King 's Evil Ministers who have hitherto misgovern'd both the King and Kingdom and if some course be not taken the Kingdom of England will