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A51146 The declaration of James Duke of Monmouth, & the noblemen, gentlemen & others, now in arms, for defence & vindication of the Protestant religion, & the laws, rights, & privilieges of England, from the invasion made upon them, & for delivering the kingdom from the usurpation & tyranny of James Duke of York Monmouth, James Scott, Duke of, 1649-1685. 1685 (1685) Wing M2429; ESTC R10337 7,038 9

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of forfeiture hath been wholly arbitrary illegall Wee likewise therefore declare that wee will to our utmost endeavor to see them repossessed in whatsoever they formerly had could legally claime before the late Usurpation upon them and that wee do esteeme all judgments given against them all Surrenders made by a corrupt perjur'd party amongst themselves null void in Law and do hold declare their old charters norwithstanding the new ones lately granted to be good valid And accordingly Wee de invite incourage all honest Burgesses Freemen to reassume the Rights Priviledges which by virtue of the said old charters belonged to their severall respective corporations and to deliver themselves from those Court Parasites instruments of tyranny set up to oppress them More over for restoring the Kingdom to its primitive condition of Freedom safety Wee will have the corporation militia Acts repealed and all Outlawries of treason against any person whatsoever upon the late pretended Protestant plot reversed and also all other outlawries banishments warrants judgments imprisonments abjurations proceedings against any other persons upon any of the penall statutes made against Protestant dissenters reversed made null void and Wee will have new Laws enacted for placeing the Election of Sherriffes in the Freeholders of the severall Counties and for setling the Militia in the respective Sheriffs and for preventing all military standing Force except what shall be raised kept up by Authority consent of Parliament And wheras severall Gentlemen others who have been worthy zealous astertors of the Protestant Interest laws of the Kingdom are now in custody in diverse prisons within the Realme upon most unjust accusations pretences proceedings judgments Wee do hereby further declare their said imprisonments to be Illegall and that in Case any violence shall be offered to them or any of them Wee will revenge it to the utmost upon such of our Enemies as shall fall into our hauds And wheras the said James Duke of York in order to the expediting the Idolatrous bloody designes of the Papists the gratifying his own boundless ambition after a Crown and to hinder enquiry into his Assassination of Arthur Earle of Essex hath poysoned the late King and there in manifested his ingratitude as well as Cruelty to the world in murdering a Brother who had almost ruin'd himselfe to preserve protect him from punishment Wee doe therefore further declare that for the aforesaid Villanous and unnaturall Crime other his crimes before mentioned and in pursuance of the Resolution of both Houses of Parliament who Voted to revenge the Kings Death in Case he came to an untimely end Wee will prosecute the said James Duke of York till Wee have brought him to suffer what the Law adjudged to be the punishment of so excrable a fact And in a more particular manner his Grace the Duke of Monmouth being deeply sensible of that barbarous horrid parricide committed upon his Father doth resolve to pursue the said James Duke of Yorke as a mortall and bioudy Enemy and will endeavor as well with his own hand as by the assistance of his Friends the Law to have justice executed upon him And forasmuch as the said James Duke of Monmouth the now Head Captaine Generall of the Protestant forces of this Kingdom assembled in pursuance of the Ends aforesaid hath been still is beleived to have a legitimate Legall right to the Crownes of England Scotland France Ireland with the Dominions there unto belonging of which he doubts not in the least to give the world full satisfaction notwithstanding the means used by the late King his Father upon popish motives at the instigation of the said James Duke of Yorke to weaken obscure it The said James Duke of Monmouth from the generousness of his own nature and the Love he beares to these nations whose wellfare setlement he infinitly prefers to whatsoever may concerne himselfe doth not at present insist upon his Title but leaves the determination thereof to the wisdom justice authority of a Parliament legally chosen acting with freedom And in the time meane doth promise declare by all that is sacred that he will in conjunction with the People of England Imploy al the Abilities bestowed upon him by God Nature for the reestablishment preservation of the Protestant reformed Religion in these Kingdomes and for restoring the Subjects of the same to a free exercise thereof in opposition to Popery the consequences of it Tyranny Slavery To the obtaining of which ends he doth hereby promise oblige himselfe to the people of England to consent unto promote the passing into Laws all the methods aforesaid that it may never more be in the power of any single person on the Throne to deprive the subjects of their Rights or subvert the fundimentall Laws of the Government designed for their preservation And Whereas the Nobility Gentry Comons of Scotland are now in arms upon the like motives Inducements that wee are in prosecution of ends agreable with ours Wee doe therefore approve the Iustice of their cause commend their Zeale Courage expecting their promiseing our Assistance for carrying on that glorious work wee are joyntly engaged in Being obliged for avoiding tediousness to omit recounting many Oppressions under which the Kingdom hath groaued the giving a Deduction of the several Steps that have been taken for introducing establishing of popery Tyranny Wee think fit therefore to signify both to our Country men Forreigners that Wee intend a larger Manifesto Remonstrance of the Grievances Persecutions Crueltyes Tyrannies Wee have of late layne under and therein a more full particular account of the Unparralleled Crimes of the present Usurper And Wee make our appeale unto God all Protestants Kings Princes States People concerning the Iustice of our Cause and the necessity wee are reduced unto of haveing our recourse to Armes And as wee do beseech require adjure all sincere Protestants and true Englishmen to be assisting to us against the Enemies of the Gospell Rights of the Nation and liberties of mankind so we are confident of obtayning the ut most ayde succour which they can yeild us with their Prayers Persons Estates for the Dethroning the said Tyrant Popish Usurper Nor do Wee doubt being justifyed contenanced assisted by all Protestant Kings Princes comon Wealths Who do either regard the Gospell of Jesus Christ or their own Interest and above all our dependance trust is upon the Lord of hosts in whose name Wee goe forth to whom wee commit our cause and referr the dicision betwixt us our Enemies in the Day of Battle Now let us play the men for our People for the Cities of our God and the Lord do that which seemeth good unto him
to witnes wee should not have done had not the Malice of our Enemies deprived us of all other meanes of redress and were not the miseries wee already feele those which do further threaten us worse then the Calamities of Warr. And it is not for any personall injuries or private discontents nor in pursuance of any corrupt Interest that wee take our swords into our hands but for Vindicating our Religion Laws Rights and rescueing our Country from ruin destruction and for preserving our selves Wives Children from Bondage Idolatry wherefore before God Angels Men wee stand acquitted from do charge upon our Enemies all the slaughters and devastations that unavoidably accompany a Intestine Warr. Now therefore Wee do hereby solemnely declare proclaime Warr against JAMES DUKE of YORK as a Murderer and an Assassin of Innocent men A Popish Usurper of the Crown a Traytor to the Nation and Tyrant over the People And wee would have none that appeare under his Banners to statter themselves with expectation of forgiveness it being our firme resolution to prosecute him his adherents without giving way to Treaties or Accommodations untill wee have brought him them to undergo what the Rules of the Constitution the Statutes of the Realme as well as the Laws of Nature Scripture Nations adjudg to be the punishment due to the Enimies of God Mankind their Countrey and all things that are honorable Vertuous good And thô wee cannot avoid being sensible that too Many have from Cowardise Covetousness Ambition cooperated to the subverting Religion inslaving their Country Yet Wee would have none from a despaire of finding Mercy persever in their Crimes nor continue to pursue the ruin of the Kingdom For Wee Exclude none from the benefit of Repentance that shall joyne with us in retreiving what they have been accessory to the loss of nor do wee designe Revenge upon any but the Obstinate and such as shall befound at this Juncture yeilding aid assistance to the said James Duke of York And that Wee may both Governe our selves in the pursuit of this Glorious Cause where in Wee are ingaged and give encouragement to all that shall assist us in so righteous necessary an Undertaking Wee do in the Presence of the Lord who knows the secrets of all hearts is the Avenger of Deciept Falshood Proclaime publish what Wee aim at forthe obtaining Where of Wee have both determined to Venture are ready to lay down our lives And thô Wee are not come into the Feild to Introduce Anarchy Confusion or for laying aside any Essentiall part of the old English Government Yet our purpose resolutions are to reduce things to that Temperament ballance that future Rulers may remaine able to do all the good that can be either desired or expected from them and that it may not be in their power to invade the Rights infringe the Liberties of the People And Whereas our Religion the most Valuable blessing Wee lay claime unto hath been shaken by unjust Laws undermined by Popish Councills and is now in danger to be subverted by a Tyrannous Idolatrous Usurper Wee are therfore resolved to spend our blood for preserving it to our selves posterity nor will wee lay down our armes til wee seen established secured beyond all probability of being supplanted and overthrown and untill all the penall Laws against Protestant Diffenters be repealed and legall provision made against their being disturbed by reason of their Consciences and for their enjoying an equall Liberty with other Protestants And that the meekness purity of our Principles and the moderation Righteousness of our Ends may appeare unto all men Wee do declare that wee wil not make Warr upon or destroy Any for their Religion how false erroneous soever so that the very Papists provided they Withdraw from the tents of our Enemies and be not found Guilty of Conspiring our destruction or Abettors of them that seek it have no thing to fear or apprehend from us except what may hinder their altering our Laws endangering our persons in the profession of the reformed Doctrine and exercise ofour Christian Worship Our Resolution in the next place is to maintaine all the just Rights Priviledges of Parliament to have Parliaments annually chosen held not prorogued dissolved or discontinued with in the yeare before petitions be first answered Grievances Redressed And seeing many of the miseries under which the Nation doth groan arise from displacing such out of the Number of Iudges as would not for promoting popish arbitrary designes wrest misapply the Laws and from constituting Corrupt Mercenary men in their Roome on purpose to stretch the Laws beyond the Reason and Intention of them and to declare that for Law which is not Wee can neither with silence pass over the mentioning of them nor should wee have peace in our selves if wee did not endeavor to prevent the like mischeifes in time to come For by meanes of Ill mens being advanced to the Bench and holding their places only durante bene placito Many persons have been condemned in Exorbitant fines for no Crimes or for Very small ones many statutes made for the safety of the subject particularly the Habeas Corpus Act hath been wickedly eluded to the oppression of Innocent loyall men the Popish Lords that were Impeached in Parliament for a most Hellish Conjuration have to the subverting of the rights of the House of Commons trampling on the Jurisdiction of the House of Lords been discharged set free the imposing a malignant Major Sherriffes upon the City of London by fraud Violence hath been justified those who in discharge of their duty opposed it illegally prosecuted arbitrarily punished London other Cities Corporations have been robb'd of their Charters upon unrighteous judgments of pretended forfeitures Sr. Thomas Armstrong executed with out being allowed the benefit of a Tryall Collonell Algernon Sydney condemned to dye upon the deposition of one scandalous Witnes And that loyall excellent person the late William Lord Russell murdered for alledged crimes in reference to which if all had been truth that was sworne against him yet there was nothing that according to Law could have reached his life Wherefore wee do upon the considerations a foresaid further declare that wee will have care taken for the future for debarring ignorant scandalous mercenary men from the Administration of Iustice and that the Iudges shall hold their places by the ancient tenure of quam diu se bene gesserint and do leave it to the wisdome of a Parliement to settle some way method for the approbation of such as shall be advanced to the degree dignity of Iudges And for asmuch as the invasion made upon the rights of Cities Burroughes Towns corporate in the seisure of their charters whether by surrender or upon pretence