thâ— sight yet be not extream to mark what we have done amiss and enter not into Judgment with thy Servants but in Mercy consider whereof we are made and remember that we are but Dust encompass'd with Frailties and Infirmities and so prone to Evil that of our selves we are not able so much as to think a good Thought therefore cleanse and purifie us both in Body and Mind that we may be able to do that which is acceptable in thy sight take away the reigning power of Sin that our Wills and Affections may be brought into obedience to the Law of Christ and let the time past suffice us to have wrought the will of the Flesh raise up our thoughts and desires Heaven-wards and convince us of the emptiness and vanity of these sublunary Enjoyments that we may not be drawn aside by them let us use this World as if we used it not and consider it but as a Passage into Eternity let us ever be mindful of the Snares and Temptations that lye in our way and that the Devil as a roaring Lyon walks about continually seeking whom he may devour that he is crafty and subtile and knows how to suit his alurements and wiles to the temper and inclination of every one of us give us Grace to resist him and Power to withstand and conquer all his Devices strengthen us with Grace in the inward man that we may be able to present our selves before thee at the great day of account holy and acceptable in thy sight And to that end let us be daily searching and trying our ways and doings that we may find out our weaknesses and infirmities and discover the Sin that does the most easily beset us and then let us meekly and earnestly beg thy gracious assistance against them and be thou found of us we humbly pray thee oh most merciful Lord God Let us be daily making an even reckoning with thee by Repentance and let it be sincere and from the Heart convince thou us of the danger of a late or Death-bed Repentance make us mindful of our short and uncertain stay and abode here let us be ever mindful that the young dyes as well as the old the healthy as well as the diseased let us not presume upon our Constitution or Youth but remember that the time of our departure is set and that after death there remains no more atonement for Sin Therefore O Lord we entreat thee to make us wise unto Salvation that at what hour soever the Master comes we may be found doing his Will and then receive the Reward which thou hast promised to those whom thou shalt find so doing Look down in mercy upon this poor Nation prevent those Judgments which our Sins and Transgressions have called loud for against us and cause thy Face to shine upon us and to that end be merciful to the King that he may see his true Interest and let all his Designs and Consultations be directed to the advancement of thy Glory and setling the Peace of this Land let no weapon formed against this ancient Government prosper and turn the designs of all those who have Evil to our Sion upon their own Heads with shame and confusion to the manifestation of thy Glory and the Comfort of those who wish her well and to all those whom thou shalt call out to have a share in the administration of affairs give them Understanding to see what they ought to do and say and Courage to reveal what thou shalt put into their Hearts and do it with an honest and upright intention that they may have cause to hope for thy Blessing upon their Endeavours and let us all learn to fear thee and in our greatest difficulties to look up unto thee and not to depend on an Arm of Flesh make us a People zealous of good works and let Holiness to the Lord be engraven upon us And bless us also of this Family all those that are related unto it and those for whom any of us may be in a particular way concerned for give us Grace to walk humbly and with obedience before thee let us in our several employments and stations study to do our duty conscientiously setting thee before us in all our Actions add unto us the good things of this Life bless our Basket and Store and so thankfully receive and carefully bestow them that they may be Blessings and not Snares to us let us whilst we are here live to thy praise and glory and be such eminent Patterns of upright living that others seeing our righteous conversation may also glorifie thee our Father which is in Heaven And remember we beseech thee all the Sons and Daughters of Affliction visit them with thy Kindness as their several wants and necessities do require support them under thy Hand lay no more upon them than they shall be able to bear and let the chastisement of their Bodies turn to the health of their Souls and enlarge thou our bowels and charity to every Object that needs it let us give without grudging and bless thy Name that we are not in their stead And now O Lord from the bottom of our Hearts we return our praise and thanks for all the Mercies and Favours we have received at thy hands we acknowledge that we are unworthy of the least of them and have not been sensible of our obligations to thee but oh Lord as thou hast hitherto conferr'd them upon us without any Merit on our part so we beseech thee to continue them to us for thy Son's sake Jesus Christ and we desire at this time in particular to offer up our tribute of Praise and Adoration for thy unspeakable goodness to several of this Family in that thou hast deliver'd us from those Fears and Apprehensions we had concerning them Death seem'd to threaten them and the Grave ready to devour them but blessed be thy great Name that didst rebuke their Distemper and hast given us such hopes of their perfect recovery thou wert the needful Help in time of trouble and let us learn by this to look up unto thee in all our distresses Take us this night into thy protection let no Evil approach us but let our Beds be places of ease and of refreshment to every one of us and raise us up in the morning fitted for our several Callings and Duties Hear us O Lord and answer us not according to our demerits and unworthiness or coolness in asking but according to thy love in Jesus Christ to whom with thy self and Holy Ghost be all Praise and Adoration both now and for evermore Amen These following were some Occasional Additions GRacious God who out of thine infinite Goodness dost allow us the favour of coming into thy presence and to make our Supplications unto thee possess us we beseech thee with such a sense and dread of thy Divine Majesty that our Thoughts may be so entirely intent upon the service that we are now to perform that
dependance by the hand he 'll quickly find himself alone with them For all Men of worth and honour will of their own accord be as forward to quit their Imployments as he is willing to put them out because the tenderness that they have for their reputations will not allow them to mingle with worser men than themselves and the rather because it would give countenance to the irregular and disobliging Methods which may be advised to by the other sort of men And for this they will not be the worse thought on by their Country but like Gold ten times purified they return home with all the advantage that can be and those who honoured them before will then fall down and worship them no Man ever has lost the esteem he had got with the People for being turn'd out at Court it being a great mistake that any Man will be lessen'd in the Opinion of the Nation by being turn'd out of his Imployment either because he gave bold Advice or would not comply against his Judgment or else by quitting of his place rather than by staying to give a countenance to other Mens proceedings for in such Cases the King suffers more in the good Opinion of the People than the Person whom he dismiss'd from his Service and in what a miserable condition is that King who has lost the hearts of his People for nothing on Earth can repair it or be an equivalent and how shall he recover their affections when honest Men are fled from him and none are left near him but such as whose interest it is to keep him at a distance from his People And though he may return to a right mind and pretend and promise never so fair yet the Nation and every honest and wise Man will be Jealous that every advance he makes is only a Masque or Disguise that he puts on and not that his heart is right in the matter Now when ill Men are imploy'd and advanced as well as others The pretence is either because of their great abilities or usefulness or else that in point of Policy it is convenient to make use of all men without distinction for this indulgence will allay heats and put an end to differences and unite all into the same interest whereas if any are left out they are thereby cut off from the Common Interest and only those sort of Men can be depended on who are thus favoured and imploy'd This will not bear so much weight as at first sight it seems to carry Ability or fitness is the first step to preferment and that is a happy Government that considers it in Persons before they are imploy'd but let Men be never so able yet if they are defective in integrity the unum necessarium is wanting for a Man of Ability without Honesty is like a Ship without ballast he cannot move steddily every little wind of advantage carries him to and fro backwards and forwards and he never sticks at any point longer than he can serve himself by it If there can ever be a necessity of making use of an ill Man it must be because his knowledge transcends the rest of Mankind or else because another wise Man cannot be found but England was never yet so barren of able men that there was a necessity of imploying Knaves or Men obnoxious when ever the Nation falls under such Circumstances it is then visited with a sore Judgment To make use of Knaves is ever a remedy worse than the Disease seldom any good but frequently a great deal of mischief ensues upon it and the Ability of any Person if he be a Knave is rather an Argument to avoid than imploy him because by how much the more able he is by so much is he capable of doing the greater mischief To allay heats and animosities to put an end to future differences and to unite all Parties is an excellent design and a great happyness if it could be effected But withall care is to be taken that whilest one storm is laying a greater is not thereby raised and whilest in the conjuring down of one Devil it does not raise two and in the making up of Divisions worser are created thereby and by gaining one Enemy Twenty Friends are lost and nothing seems to lead so directly to it as equally and without distinction to imploy men of all sorts and Opinions and there is another Method that will give less cause of discontent to any Party For it will be agreed That to pardon a Criminal is as great an act of goodness as to reward the good Service of another Person If all have equal Right and speedy Justice impartially be done to every Man this must be confessed to be a Righteous Government and if it be not too extream to mark what is done amiss nor too strickt to measure every Offender a Peck out of his own Sack nor too rigidly to judge every Man according to his own Law this must be allow'd to be a merciful Government and if at the same time the King bestows his favours and imployments only on such as best deserve them where is the injustice or partiality of this proceeding or who can justly take offence at any part of it And therefore when a King does equally and without distinction bestow his Favours and Imployments on all Interests and Parties there ought to be three things in the case First That all Parties are equal Secondly That he cannot depend upon one more than another Thirdly That his Obligations to all Parties are equal Every one of which is very strange when it is so but much more wonderful will it be when they all happen together For as to the first It is not easie to imagine that all Parties will ever be so equal so as that no one will be bigger than any of the rest no more than it can be supposed that all Men will ever have an equal measure of understanding uninterrupted experience proves that it never was so and there is nothing to induce us to believe that it ever will be so For so long as there are either Fools or Knaves there will be difference in the size and strength of Parties and there will be Fools and Knaves till Christs Kingdom comes â—â—s to the second it may be said That it will be a very extraordinary juncture whenever it happens that the King cannot depend upon one Party more than upon another since the reason of it will be this because the Principles of every party will be equally dangerous or advantagious to the King or equally different or agreeable to his this is a remote supposition and cannot be expected on this side the Grave and therefore it will follow that he cannot have a like confidence of all Parties but must depend upon some more than upon others and this dependance will naturally fix it self either on them whose Principle it is to support the common good or else on such as are more disposed to comply with
Courage did not out-run their Discretion for they did not adventure to name the Prince of Orange but pretended the contrary to the Duke of Newcastle and used as much Artifice to delude him as if it had been of the highest consequence to secure him though he was attended by none but those of his own Family And there was as much preparation and consulting in order to surprize York as if it had been the most considerable Garrison in England though kept only by twenty Men and they as ready to yeild and declare for the Prince as they could have wisht And when they were possest of the Town they set strict Guards at every place and suffered none to go out or come in till they were fatisfied with their business and were as wary as if a considerable Force had been ready to sit down before the place And with the like Steps they moved at Notingham and other places And though no doubt they ingaged in the business with a great deal of Zeal and Resolution yet the Declaration of the cause of their Assembling was penn'd with great caution perhaps as a considerable Man amongst them said to keep themselves within the Statute for their Declaration neither charged King James with Male Administration nor complained of the danger we were in but the Sum of it was to joyn with the Prince of Orange in declaring for a Free Parliament Whereby they put it into King James his power to oblige them to put up their Swords as soon as he pleased for when ever he issued out his Proclamation for a Free Parliament they were bound in Honour to lay down their Arms And then what very great Service can they boast of who could hold their Swords in their hand no longer than King James pleased And though they may pretend to Merit highly yet not to the degree with those who moved forward to Joyn the Princes Army For by their Motion they prevented King James from having a true Account of their Numbers and as they would daily increase so every Account he had of them would make them still more confiderable They shewed thereby that they were resolved not to look back but would either conquer or dye They did not mince the Matter but spoke plain English of King James and of our Condition and thereby animated the Country as they Marcht and made all sure behind them so that the further they Marcht the greater Service they did for 500 Men thus moving would in a short time occasion 40000 to rise in Arms whereby in a few days they would not only be reported but in effect be so considerable and formidable as to support the Cause they had espoused and either reduce King James to Measures or drive him out of the Kingdom So that this seems to be the great thing that so astonished King James and put him to his Wits end For as to the Princes Forces their Number was not valuable and if pressed very hard would not too obstinately stand it out because it was evident they had a Retreat in their thoughts and accordingly had provided for it The desertion in his Army he could not much regard because it did not amount to 2000 Men till he ran away But as to those who intended to Joyn with the Prince of Orange his Army he would with dread behold the Storm coming upon him for he might observe the Cloud no bigger at first than a Mans hand increased so fast that it would quickly over spread the whole Heavens and prove so great a weight that it would bear down all before it for their Numbers would quickly swell very high and it could not be foreseen where and at what degree they would stop He might plainly see that they had thrown away the Scabbard and contemned the thoughts of asking quarter for as they could never hope for another opportunity to recover their Liberties if they failed in this so they very well knew the inexorable temper of King James that it would be to no great purpose to sue for his Mercy whereby being made desperate and abetted moreover by the whole Nation he must expect the utmost that could be done by the united Vigour of Courage Revenge the Recovery of Liberty and Despair all which would make up too strong a Composition for King James his tender Stomach and turn his thoughts from fighting to contrive the best way to save his Life and this was the Storm that drove him away from Salisbury Observations upon the Attainder of the Late Duke of Monmouth THAT which is done by King Lords and Commons is so Sacred as not to be called in question by any power on Earth and what they do is so very good that the Wit of Man cannot devise any constitution that can proceed with more Justice or be less subject to err than they when rightly in Conjunction And therefore whoever he be that proposes to have any of their Acts reviewed must take care to set his words in great order by reason that that which in an Inferiour Court might be called error will scarcely indure the soft name of a mistake if done by King Lords and Commons But however it does appear that they have reconsider'd what they have done and thereupon have many times found that they might do better than to adhere to their first resolve especially in cases of Bills of Attainder which for the most part have rather been expedient than that the strict Rules of Justice were pursued and though in so doing their wrath did seem to burn very hot yet in effect for little more than a moment and even to end with the blow that struck off the Criminals Head for upon the Petition of his Heir his Blood has seldom been deny'd to be restored and this proceeds from the great humanity of this Government The Law of England being a Law of Mercy does in many Cases appoint a grievous punishment rather in Terrorem than that the penalty should be rigorously exacted for which reason it is that so few Attainders are now in force If then those Cases have met with so much compassion the Case of the Duke of Monmouth may well hope for the like favour since there is not any argument for the reversing of any other Attainder that cannot be urg'd with as great force in the case of the Duke and besides there is no president of the like case to be found and whilest it remains in force is of dangerous Consequence The Law is so very careful to do right in every case that it will not allow that any Man be judg'd without being heard or at least that a convenient time be allotted him for it if he think fit to appear and it does also require that the fact be fully and sufficiently proved without both of which no Man can be convicted of any offence in the ordinary course of Justice and this is and has ever been reputed the undoubted Right and Priviledge of every Subject of
all of that Party Every thing moved in Parliament for our settlement receives its opposition from that Party and I do averr that amongst that Party there are none of them who have been preferred by the King have given a Vote but have opposed every thing that was for the Publick good Whatever tends to recal K. James or to facilitate his readmission is vigorously disputed for by that Party And tho' they now stand so stifly for his Interest yet they passively lookt on whilst he was driven out of this Kingdom which is an undeniable Argument that they either wanted Courage or Interest and a defect in either of them makes them rather to be despised than fear'd for if they had neither Courage nor Interest to serve K. James in whom they have so much inclination it will not much mend the matter when this King is in the same Case They have not the face to justifie the late Illegal Proceedings yet are very busie to keep in and get into Imployments the very Persons that were then made use of I don't desire that these People should be removed to make more room for me for I am very well satisfied with the Post I am in and with all possble thankfulness acknowledge his Majesties Grace and Favour but I say this because I wish that every Man the King makes use of were altogether as honest and affectionate to his Service as I am and as able to serve him as I am willing I was and am of opinion that the King made a very wrong step when he employed so many of that Party because it would unavoidably abate the Zeal of many of his Friends and I fear it has had this further bad effect to make those People believe that either he is afraid of them or that they are necessary to him whose utmost hopes or expectations were to shroud themselves under an Act of Oblivion I am far from reflecting upon what the King has done for it lyes heavy upon my Spirits as oft as I think of it but I should rejoyce if I could offer any thing to help the King to make the best of a bad bargain For he has a very ticklish game in his hands If he should now all at once discard that Party no doubt it would confound his business very much for the present and on the other hand if he do not so carry it towards Friends till with more convenience he may put them off that they may see it is necessity and not choice that makes him take this course he will be in great danger of loosing most if not all of them and if so the King will be in very untoward Circumstances For then he will be under the necessity of depending wholly upon this Party and consequently he must run up to all the excess that they have formerly practised and yet he shall not be sure of them for as soon as they can make a better bargain they 'l leave him to shift for himself This I conceive to be the Kings Case and I wish any thing could be thought on that would do his business effectually I do highly approve the Kings Method relating to Ecclesiastical matters in giving of the Church Preferments to none but Moderate Men and of Exemplary Lives for hereby the fierceness of the High Church-Men will be abated and the over-niceness of the Dissenters taken off and consequently bring both sides to better temper which is the first and principal step in order to uniting of Protestants In like manner if the King would for the future dispose of all such places as become vacant to none but Moderate Men and especially give the preference to such as deserv'd well of him this would be to the satisfaction of his Friends and could give no cause of offence to the contrary Party it would let his friends see what further kindness he intended them and the other would have no cause to complain or if they did they would loose ground by it And further to displace such as in Parliament Vote against the Interest of the King and Kingdom I think cannot be a question I am far from thinking it to be justifiable to displace Men for Voting according to their Consciences but when Men are for promoting of that which is against the Publick or for bringing in K James or bringing on Confusion to continue such in Imployment must discourage the Kings Friends and to put them out can offend none but such as whose good or ill will is equally to be regarded Besides the present juncture of Affairs there seems to be but one objection against turning out these sort of Men immediately and that is the doubt in what Interest the bulk of England lies This is a thing that may certainly be known but it would be a great deal more than this Paper can allow of to make it clearly out and yet I will humbly offer one thing that will in a few words give a great deal of light into it That when we have had two State Officers in the same station of different Parties it 's reasonable to suppose that all Persons that have business will apply themselves to the one or the other according to the Interest they are of if then it shall fall out that he who espouses the true Interest of his Country has three times the business of the other I conceive it no mean Argument where the weight of England is Much more I could say upon this Subject and I fear I have already exceeded the bounds of a Letter Yet if what I have said is worth your pains of reading there is no Body to whom I can with so much satisfaction communicate my Thoughts nor will better improve any advantage that may be made by it than your self But if I have not said much to the purpose I hope the honesty of my Inclination will obtain your pardon and continue me the honour of c. A Discourse shewing who were the true Incouragers of Popery Written on the occasion of King James his Declaration of Indulgence UPon the late Declaration of Indulgence many having absented themselves from the Church our high Church-men have from hence taken occasion to lay it down as a Maxime That if Popery be Establisht here in England the Dissenters are the only cause and occasion of it and by the Thunder and Noise that they make in their Pulpits and all other places a great many others are perswaded to be of their opinion yet I cannot assent to it though I am far from turning Advocate either for the Declaration or those that make use of it yet as a moderate and just Man I would set the Saddle on the right Horse and I am perswaded that any impartial considering Man will when he thinks on it seriously find That it is by the help not so much of the Dissenters as the high Church that Popery has put foot into the Stirrup and is ready to mount into the Saddle But yet
send for any person but without that they cannot and therefore I do not see wherein a Justice of Peace has a greater power than the Privy Council or if he had yet it would not be so great a Mischief for he can only send for any person that is in the County but the Privy Council are not limited to this or that County but their power extends all over England But besides it is unjust to be punisht without a cause and restraint or being debarr'd of Liberty is a punishment and whoever he be that would have the Privy Council to exercise this Power when he has known what it is to be brought up by a Messenger upon an Idle Story let him then tell me how he likes it and answer me if he can A SPEECH AGAINST THE Bishops Voting In Case of BLOOD OF all the things that were started to hinder the success of the last Parliament and is like to be so great a stumbling-block in the next That of the Bishops Voting in Case of Blood was and will be the chief Now they that deny that the Bishops have right to Vote in Case of Blood do labour under two great difficulties first because this is a new thing at least it is very long since the like Case has come into debate And next because they are put to prove a negative which is a great disadvantage But Truth will appear from under all the false glosses and umbrages that men may draw over it And I doubt not to make it evident that the Bishops have no right to Vote in Case of Blood at least I hope I shall not be guilty of obstinacy if I do not alter my opinion till what I have to say be answered It is strange the Bishops are so jealous of their Cause as not to adventure it on their great Diana the Canon Law by which they are expresly forbidden to meddle in case of Blood Perhaps they would do by the Canon Law as it is said by the Idolaters in the Old Testament that part of the timber they made a god and fell down and worshipped it the rest of it they either burnt in the fire or cast it to the dunghil For they tell you that the Canon Law was abolisht by the Reformation and that none but Papists yeild obedience to it and therefore now they are not tyed up by the Canon Law but may sit and Vote in case of Blood if they please I should be very glad if they were as averse to Popery in every thing else and particularly that they would leave Ceremonies indifferent and not contend so highly for them whereby they make the breach wider and heighten the differences among Protestants in the doing of which they do the Pope's work most effectually I wish they would consent to have a new Book of Canons for those that are now extant are the old Popish Canons I like Bishops very well but I wish that Bishops were reduced to their primitive Institution for I fear whilst there is in England a Lord Bishop the Church will not stand very steddily But I will leave this though I need say no more and proceed to other things that are very clear as I conceive My Lord Cook in the Second Part of his Institutes the first Chapter treating of Magna Charta when he reckons up the Priviledges of the Church he tells us that Clergy-men shall not be elected or have to do in secular Office and therefore he tells us that they are discharged of such and such burdens that Lay persons were subject to and good reason it should be so that they might with greater ease and security attend the business of their Function that is to govern and instruct the Church But whether they had these Immunities granted them that they might study the Pleas of the Crown and Law Cases or else that they might apply themselves to the work of the Ministry let any Man judge for saith he Nemo militans Deo implicet se negotiis secularibus And if to sit and judge in case of Blood be not a secular Matter I have no more to say and I hope my Lord Cook 's Authority will be allowed And because as I conceive that my Lord Cook 's Authority may pass Muster in this point I will offer some things out of him that will make it evident that the Bishops are only Lords of Parliament and not Peers and if so it is against the Law of England for them to sit and judge upon any Peer for his Life for the Law says that every Man shall be tried by his Peers In the Second Part of his Institutes the first Chapter he tells us that every Arch-Bishop that holds of the King per Baroniam and called by Writ to Parliament is a Lord of Parliament But in the 14th Chapter when he reckons up who are Pares in the Lords House he says not a word of the Bishops but repeats all the other Degrees of Lords as Dukes c. And without doubt he would not have made so great an omission if the Bishops ought to have been taken into the number Besides this if the Bishops be Pares how comes it to pass that an Act of Parliament shall be good to which their consent is not had passed by the King Lords Temporal and Commons But it was never allowed for an Act of Parliament where the Lords Temporal had not given their Vote And for proof hereof see my Lord Cook in his Chap. De Asportatis Religiosorum where he gives you several Instances of Acts of Parliament that passed and the Bishops absent But then in the Third Part of his Institutes he there puts the matter out of all controversie and shews that Bishops are to be tried by Commoners for says he in the second Chap. treating of Petty Treason None shall be tried by his Peers but only such as sit there ratione Nobilitatis as Dukes c. and reckons the several Degrees and not such as are Lords of Parliament ratione Baroniarum quas tenent in Jure Ecclesiae as Arch-Bishops and Bishops and formerly Abbots and Priors but they saith he shall be tryed by the Country that is by the Free-holders for that they are not of the Degree of Nobility So that with submission this is as clear as any thing in the World If the point be so clear that the Bishops may Vote in case of Blood it would do well that some Presidents were produced by which it might appear that they have ever done it at least that they have made use of it in such times when the Nation was in quiet and matters were carried fairly for Instances from Times of Confusion or Rebellion help rather to pull down than support a Cause But my Lord Cook in his Chap. that I mentioned even now De Asportatis Religiosorum gives you several Presidents where the Bishops when Capital Matters were to be debated in the Lords House withdrew themselves particularly 2 of
It 's said he was every Night drinking till Two a Clock or beyond that time and that he went to his Chamber drunk but this I have only by Common Fame for I was not in his Company I bless God I am not a Man of his Principles or Behaviour but in the Mornings he appear'd with the Symptoms of a Man that over Night had taken a large Cup. But that which I have to say is the Complaint of every Man especially of them who had any Law Suits Our Chief Justice has a very Arbitrary Power in appointing the Assize when he pleases and this Man has strained it to the highest point For whereas we were accustomed to have Two Assizes the first about April or May the latter about September It was this Year the middle as I remember of August before we had any Assize and then he dispatcht business so well that he left half the Causes untryed and to help the matter has resolved that we shall have no more Assizes this Year These things I hope are just cause of Complaint It cannot be supposed that People can with ease or delight be in expectation so long as from May till August to have their Causes determined for the notice he gave was very short and uncertain And I beg you is it not hard for them that had any Tryals to see Councel be at the charge of bringing Witnesses and keep them there five or six days to spend their Time and Money and neglect their Affairs at home and when all is done go back and not have their Causes heard This was the case of most People the last Assize Some Observations on the Prince of Orange's Declaration in a Charge to the Grand Jury Gentlemen THE greatest part of the misfortunes which befall mankind would be prevented did they but keep in mind and seriously consider the most remarkable things which happen to them for then they would not as is every day seen neglect so many advantageous opportunities which by Providence is put into their hands nor split so often upon the same Rock For so apt are men to forget even things of the the greatest moment that it is become a common saying That there is not any thing that is more than a nine days wonder which does sufficiently express the giddiness and want of consideration in Men Of which there never was a more pregnant instance than is to be observed in England at this time For tho the late Revolution was as remarkable as any thing could be both for the matter as well as for the manner of it yet it seems to be as much out of peoples thoughts as if no such thing had happened to us It is a great unhappiness that no more notice is taken of it and it would yet be a greater misfortune if we make no more advantage of it than yet we have done and since it does so much concern us to carry it in our thoughts I hope I shall not mispend your time whilst I give you a short account of the occasion that sent K. J. away and for what reason his present Majesty the then Prince of Orange was placed on the Throne I believe you may remember how much the greater part of the Nation was alarm'd when it was known that the Duke of York had declared himself a Papist by reason of the fatal effects it would have upon our Religion and Liberty if in case he should come to the Crown And the Parliament being no less sensible of this threatning danger made several attempts to exclude him from the Crown by Act of Parliament which was the cause wherefore so many Parliaments one on the neck of another in the latter end of Charles the ll 's time proved Abortive for when the Court could not by any other Artifice keep off the Bill of Exclusion that Parliament was dissolved and another called in hopes to find it of another temper but perceiving that every Parliament began where the other left off of that Scent King Charles took leave of Parliaments for the rest of his time And then all those who had been for the Bill of Exclusion were loaded with all manner of reproaches and amongst other things were called Anti-Monarch-men because they would break into the Succession for that the Exclusion of the Duke of York was used only as a pretence to bring in a Common-wealth To such a degree of madness did the mistaken Loyalty of some people carry them And I wish there were not some at this day who hope to make themselves welcome at Court by calling every thing Anti-Monarchical that is proposed for the good of the Nation At last things being in a posture for the purpose C. II. went off but how is not yet certain to make room for his Brother the Duke of York who began very early to discover himself and in a short time had made so very bold with matters both in Church and State as to demonstrate that the apprehensions of those who would have Excluded him was rather a Prophesie of what he would do than a groundless conjecture for his power swelled so fast that he quickly makes all people to feel the intollerable burden of an unbounded Prerogative so that many who before fell down and worshipt Prerogative were than as hasty to get out of the way of it as they would to avoid a Monster that stood ready to devour them and thereby brought them so far to their Wits as to enable them to see that it is much safer to trust the Law than the King's Will and Pleasure with their Liberties and Properties and that God had no more given Kings a right to oppress and inslave their Subjects than he had indued them with a power to Create Men. For the method which King James took shewed plainly to all the world that nothing less than being Absolute would content him That is he would govern by his Will and force an obedience to his pleasure by his Army for his Administration became more exorbitant every day than other till his present Majesty the then Prince of Orange Landed who as is usual upon such occasions set out a Declaration of the occasion that brought him hither wherein is innumerated many of the irregularities of King James his Administration The first thing mentioned is the Dispensing-power which King James had assumed whereby he gave just occasion for a very loud complaint because it is a most dangerous Instrument in the hand of any King for it not only makes a noise but does certain execution it swallows up Law where-ever it comes and tears up Liberty and Property by the Roots it does not only put every mans right at uncertainty but makes it uncertain whether there is any such thing as Right it is of so diffusive a Nature that if it be exercised in one Kingdom the next that is governed by the same King has cause to think it self in danger This the Parliament had early under their
or the King being found unmeet to sway the Scepter is therefore laid aside and another chosen into his place or else the Government is changed into a Commonwealth The first of these that is when the King by a new agreement is continued to Reign is the easiest and surest come at because the irregularities in such a case are not many so that remedies are as obvious as the grievances are sensible and the King finding what it is to provoke the Nation readily complies with whatever is proposed lest he should make the people desperate and there is this farther in the case that being jealous of the King's intentions the people no longer depend upon his Word and Promises but take care to have effectual remedies As to the second thing that is a Regency this is a kind of a mysterious thing for the King is neither altogether Deposed nor does he Govern but the Administration is committed to another who in nature of a Guardian does all in his name yet under the Survey and subject to the Controul of the two Houses of Parliament But this seldom continues for either the King is restrained or the Government is changed into a Common-wealth So that this not answering the and proposed it oftentimes happens that when the King is found unmeet to govern by himself that he is laid aside for good and all and another is elected in his stead which is done when his administration is become exorbitant and that he is deaf to the Petitions and Complaints of his people for such a change is not made for the sake of him to whom the Crown is given but that the Government may be amended Now tho this is seldome done but for very good cause yet through the folly of some and knavery of others it does not often answer expectation For tho there is much to do and a great deal that is needful yet what through the unskilfulness of those who have the conduct of Affairs and the unfair proceedings of others who out of favour to the Deposed King make it their business to lay rubs and difficulties is the way and to render every thing impracticable whereby the work is very often left imperfect But besides this tho the people have then every thing in their power yet a very little matter takes off the dread and apprehension of any danger either for the present or time to come and consequently makes them remiss if not altogether to neglect to make such provisions as are necessary and this for two reasons First Because as soon as the King is deposed the minds of the people are put at ease either from a belief that all the Calamities which befell them during his reign proceeded directly from himself without the advice or improvement of any other Or else because that no other man will be wicked to such a degree as he was which certainly are two very great mistakes For it was never yet seen where the irregularities of a Reign were many but that some about the King put ill thoughts into his head or helpt to improve that which he had conceived And in the next place he that succeeds is more likely to do as the other has done than that no man will ever be guilty of the like mis-behaviour Secondly Because it is the nature of mankind to be transported with every change that is with their consent and especially in such cases as these where it makes so great an alteration so that for some time their consideration departs from them and they depend so implicitly upon words and promises as if there needed nothing more to settle the Nation and then as an unavoidable consequence of it the best construction is put upon all that is done even to look upon the irregularities of the new elected Prince if he shall commit any to proceed from his care of the Publick Nay altho he do imploy the Ministers and Creatures of the Deposed King this shall be imagined to arise from the same regard to the Nation because it will be supposed that he either finds or has made them fitter than any other to serve him and the publick till the ill effects are felt of having such persons near the King But it is not easily to be imagined that such persons are imployed for the sake of the publick unless their parts and abilities eminently exceed the rest of mankind which would be little less than a miracle or else at least that they are become new men to all intents and purposes and that ought to be as evident as the Sun at Noon-day If a Prince entertain such men and knows what they are such evil Ministers are more likely to make him a bad Prince than that he can make them just and faithful Councellors to him and the publick If none of these things I have mentioned happen upon a Revolution then there remains nothing but to change the Government into a Commonwealth But that is seldome done till the case is so desperate as that nothing else will do yet it most commonly happens either when the Father and Son successively have governed Tyrannically or else when one Prince is deposed and the next proves as bad as he indeed unless it be at the last extremity it ought not to be thought on because it is easier to repair an old Government than to make a new one and besides there needs a great deal of time to bring the latter into shape and especially a Commonwealth where so much Vertue in the people is requisite to make and continue it such of which sort of Government I will only say That no doubt but it has its particular excellency for as no Government is altogether perfect so every Government has something that is particularly good in it And here give me leave to say a word in my own vindication I find I have been accused to be a Commonwealths man but were I permitted to speak for my self I would say That I like this Constitution under King Lords and Commons better than any other and I defie any man to mention that thing which can give just occasion to think otherwise of me I am sure there is no man so hardy as to tell me so to my face yet I say withal That if through the Administration of those who are trusted with the Executive Power or by any other means my liberty shall become precarious I will then be for any other form of Government under which my Liberty and Property may be more secure and till then I don't desire to change And in this I think I am not much in the wrong but this only by the by Now to apply what I have said to our present case I think King James was justly deposed for what part of the Constitution had not he put out of order and then how can such a man be meet to sway the Scepter and in the next place as things stood at that time all circumstances considered who was so
yet if the King think good to question it the party must yield it up without insisting upon his Right for the Reason given by the learned Judge for the same Reason every Peer if denied his Writ must not demand it nay he must surrender his Patent and renounce his Title as far as in him lies if the King require it And for the same reason when any man is called to an account for his life he must make no defence but submit himself to the King's Mercy for all we have is from the King and nothing must be disputed when it is his pleasure to question it This is indeed to make the King as absolute as any thing on Earth can be yet is withal to make him the most unjust Prince that ever sate on the English Throne This sort of Justice is learnt from Children whose Gifts continue good no longer than the Donor remains in that kind mood Surely nothing can more reflect Dishonour upon the King for it makes him as unjust and uncertain as any thing can be both which should not be in the Temper much less in the Actings of a Prince Another Reason was given I think by the Chief Justice or else by Mr. Justice Holloway because it was absolutely necessary for the securing of the Peace it was urg'd so far as if the Peace could not be secured without it Surely all this must be but gratis dictura for my Lord Devonshire by finding Sureties had done all that the Law does require for securing the Peace unless they had clapt him up a close Prisoner which they could not justifie if he tender'd Sureties and therefore either my Lord Devonshire is different from all Mankind and a different method must be made use of to secure the Peace or else this Argument of theirs savours not so much of Reason as of something else that ought to be no Ingredient when they give Judgment in any Case and it surpasses common sence to understand how the over-ruling my Lord's Plea could tend to the securing of the Peace either the Security which he had given must awe him to keep the Peace or the other could not for he had broke the Peace again and repeated it several times before he came to his Trial yet that could not effect the Merits of the Cause neither could it be given in evidence at the Trial so as to alter the state of the Fact neither could the Judges by reason of it enhaunce his Punishment if he were found guilty but they must look upon it as a distinct Offence and so might require the greater Security for the Peace and for a longer time Indeed it is an effectual way to prevent a man from breaking the Peace to lay such a Fine upon him as is impossible to be paid immediately and to commit him till payment It is too probable that the Judges being concious how liable they have made themselves to be called in question for this Sawciness and trampling upon the Law would debase and bring under the Credit and Authority of this Court because no other can take cognizance of their proceedings so as to correct their Errors and Mistakes it is only here that they can be called to an account for what they do amiss no Court can punish them but this so that if they can once top your Lordships there is nothing that they need stand in awe of nothing to restrain them but they may act ad libitum not per legem for let this Court be deprest and they may say Of whom then need we be afraid By what they have done already they have sufficiently shewn to what Extravagances they will proceed when they think themselves to be out of the reach of this Court If once the King's Bench can set it self as high as the Judges have attempted by this proceeding against my Lord Devonshire then must the whole Nation your Lordships not excepted stoop to all the Extravagances and monstrous Judgments that every corrupt and ignorant fellow shall give who shall chance to get up to the Bench and not only this present Age shall feel and undergo the Mischief but it will be entail'd upon all succeeding Generations Well then did the Judges attempt that which would bring your Lordships so low and raise their Court so high to set it above all reach or controul especially if they did promise to themselves Impunity if not Reward which they might have expected had it been in the Reign of an arbitrary Prince who would be a great gainer by the fall of this Court because then the Skreen betwixt the King and People is taken away This is the first time that an inferiour Court did take upon it to invalid the Priviledges of a superiour Superiour Courts do sometimes set aside the Orders and Proceedings of Inferiour Courts and yet in that case they proceed with that caution that it is never done but when there is manifest Error and the Law not duly pursued and observed but in no case was it known that they ever meddled with their priviledges If what the Judges have done is good I cannot tell what Power and Jurisdiction they may not pretend to for no bounds nor limits can be set to the King's Bench it may assume as great a power in Civil Affairs as the High Commission does in Ecclesiastical in their Actings not to be tyed up to any Rules or Method but to vary and alter them as well as the Law when occasion or humor serves the proceedings shall be as summary or as delatory as they think fit and your Lordships shall no more than other people be exempted from the exercise of that power Therefore if your Lordships will not prevent the Mischief from spreading it self over the whole Nation yet I hope you will take notice of the Injury you have suffer'd in the Case of my Lord Devonshire and to do your selves Right The Law has for the most part left Fines to the Discretion of the Judges yet it is to be such a Discretion as is defin'd by my Lord Coke fol. 56. Discretio est discernere per legem quid sit Justans not to proceed according to their own Will and private Affection for Talis discretio discretionem confundit as Wing at says fol. 201. So that the Question is not Whether the Judges could fine my Lord Devonshire but Whether they have kept themselves within the bounds and limits which the Law has set them It is so very evident as not to be made a Question whether in those things which are left to the Discretion of the Judges that the Law has set them bounds and limits which as God says to the Waves of the Sea Hitherto shalt thou go and no farther for either they are so restrained or else the Law does suppose them to be exempted from those Frailties and Passions which do attend the rest of Mankind But as they cannot be suppos'd to be void of Passions and Infirmities no less than other
as well for Malice as otherwise whereof the King is often grieved and divers of the Realm put in damage against the Form of the same Charter Wherefore it is ordained That all they which make suggestion shall be sent with the same suggestions before the Chancellor Treasurer and his Grand Council and that they there find Surety to pursue their suggestions and incur the same pain that the other should have had if he were attainted in case that his suggestions be found evil And that then process of the Law be made against them without being taken and imprisoned against the Form of the said Charter and other Statutes In the 38. Edw. III. Chap. 9. is contained the Informers punishment in these Words It is assented That if he that maketh the complaint cannot prove his Intent against the Defendant by the Process limited in the same Article he shall be commanded to Prison there to abide till he hath made gree to the Party of his damages and of the slander that he hath suffered by such occasion and after shall make fine and ransome to the King And the Point contained in the same Article that the Plantiff shall incur the same pain which the other should have if he were attainted shall be out in case that his suggestion be found untrue And still there is another Law made 42. Edw. III. Chap. 3. In these Words At the Request of the Commons by their Petitions put forth in this Parliament to eschew the Michiefs and Damage done to divers of his Commons by false Accusers which oftentimes have made their Accusations more for revenge and singular benefit than for the profit of the King or his people which accused Persons some have been taken and sometime caused to come before the Kings Council by Writ and otherwise upon grievous pain against the Law It is assented and accorded for the good Governance of the Commons That no Man be put to answer without presentment before Justices or Matter of Record or by due process and Writ original according to the old Law of the Land And if any thing from henceforth be done to the contrary it shall be void in the Law and holden for errour These are Laws that are as much in force as any Statutes whatever and ought to be as duly observed But I beseech you consider to what a degree they have been violated by the Privy Counsel How have they sent for Gentlemen from all parts of the Nation upon meer Flamms and Stories No Man could be quiet but upon any groundless pretence away went a Messenger to bring up that Man not considering the great charge and trouble they put the Gentleman upon by it I will mention only that of Sir Giles Gerrard he was sent for up by a Messenger to answer to I know not what a business about a Black Box and who charged him with it But when it came to be examined it proved nothing but Town-talk and what a pudder did they make In our Countrey when a Man makes a great stir about a matter and it ends in nothing that is significant we say Billy has found a Pin So I pray what did this hurly burly of the Black Box end in but nothing that was worth a straw And to this mighty purpose Sir Giles was fetcht from his House in the Country And several other Gentlemen have been thus used against Law and Reason It 's strange the Privy Council should not remember the Bill of Habeas Corpus which passed in the last Parliament that might have brought to their remembrance these Laws that I have mentioned and might further convince them how precious a thing we esteem our Liberty It puts me in mind of the Petition of Right and what I have heard and read after it was passed how soon it was violated and broken The Privy Council has been very unjust to these Gentlemen whom they have molested by their Messengers in that they have not made their Accusers to find Sureties to make good their Accusations as the Law requires 37. Edw. III. 18. for then idle Stories would not be so currant by reason of the Punishment inflicted on those false Accusers by 37. Edw. III. 18. and 38. Edw. III. 9. which Lawes are grounded upon the Word of God Deuteronomie 19. chap. 18. and 19. ver But now such Fellows as are mentioned in the 37. Edw. III. 18. and in 42. Edw. III. 3. who make their Accusation for Malice or for Revenge or singular benefit more than for the Profit of the King or his People these I say shall be allowed to accuse honest Men though they cannot prove a word of what they say and for these devices are we to be forc't from our Habitations to appear before the King and his Council Methinks it's hard play and yet what remedy have we left but to sit down and be quiet But without doubt the Land intended a Redress in these Cases for 25. Edw. III. 4. says that whatever is done contrary to that Law shall be redress't and holden for none but it does not tell us how satisfaction is to be had But since it is left uncertain I hope for the future we shall so order it that every Man may have relief against this great Oppression and that I humbly move for if we let this alone we leave an Arbitrary uncontroulable Power in the Privy Council which will never stop till it has made the Law subject to them But I have heard it objected that if this Power of sending for People be not allowed to the Privy Council then you put them in a worser condition than any Justice of Peace because by his Warrant he can send for any body in the County where he lives I must in the first place deny this altogether for the consequence is not true In the next place I say that the Law is the best Judge of this whether the Privy Council ought to have such an unlimited Power and what the Law has determined over and over again ought not to be disputed by us besides it is a thing of dangerous consequence to put Discretion into the Ballance with so many written Lawes which conserve so dear a thing as our Liberty But the Power of the Privy Council is not hereby made less than that of a Justice of Peace for a Justice of Peace it is to be supposed will not send out his Warrant but upon a just and reasonable ground What Justice of Peace ever sent out a Warrant of the good Behaviour against any person but he either first heard the party accused which is the juster way or else the matter was proved upon Oath Or when was any Warrant of the Peace issued out but it was grounded upon the Oath of him that demanded the Surety of Peace And whatever Warrants or Precepts are granted by a Justice of Peace they ought to be for just causes or else he violates his Trust So the Privy Council may upon a just Accusation