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A28566 Reflections on a pamphlet stiled, A just and modest vindication of the proceedings of the two last Parliaments, or, A defence of His Majesties late declaration by the author of The address to the freemen and free-holders of the nation. Bohun, Edmund, 1645-1699. 1683 (1683) Wing B3459; ESTC R18573 93,346 137

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sending away his Royal Highness the Duke of York to discern whether Protestant Religion and the peace of the Kingdom be as truly aimed at by others as they are really intended by me c. By which it appears the Union his Majesty here meant was not that Union that was afterwards set on foot in Parliament and I cannot but suspect these words were misrecited of purpose And did not he comand my Lord Chancellour to tell them That it was necessary to distinguish between Popish and other Recusants between them that would destroy the whole flock and them that only wander from it These words are indeed in the Lord Chancellors Speech but with this Preface Neither is there nor hath been these fifteen hundred years a purer Church than ours so 't is for the sake of this poor Church alone that the State hath been so much disturbed It is her Truth and Peace her Decency and Order which they the Plotters and Papists labour to undermine and pursue with so restless a malice and since they do so it will be necessary for us to distinguish between Popish and other Recusants between them that would destroy the whole Flock and them that only wander from it So that whatever distinction his Majesty intended to allow between the Popish and Protestant Recusants it must be such as was consistent with the Truth Peace Decency and Order of the Religion by Law established which I suspect the Project of Union set on foot was not much less the Vote of the tenth of January for the suspending the execution of all Penal Laws made against them as a weakening of the Protestant Interest an encouragement to Popery and dangerous to the Peace of the Kingdom These things considered we should not think the Parliament went too far but rather that they did not follow his Majesties Zeal with an equal pace At this rate of concluding a man may draw any Conclusion from any premises if he hath a mind to it His Majesty would joyn with them in any course that might tend to the security of the Protestant Religion for the future so as the same extend not to the diminution of his own Prerogative nor to alter the descent of the Crown in the right Line nor to defeat the Succession Therefore when they brought in a Bill to disinherit his Majesties Brother against his expresly declared resolution they did not go too far but rather they did not follow his Majesties Zeal with an equal pace When his Majesty thought it necessary to distinguish betwixt Popish Recusants and Protestant Dissenters that is to favour the latter more than the former they were for taking away all those Laws at once that have distinguished betwixt the Dissenters and the Religion established and giving up this Pure Church into the hands of her bitter Enemies that had but just before bid fair for her ruine as if the only care had been that the Papists might not have had the honour of destroying her and yet we are not to believe they went too far in this neither The truth is if we observe the daily provocations of the Popish Faction whose rage and insolence were only increased by the discovery of the Plot so that they seemed to defie Parliaments as well as inferiour Courts of Justice under the Protection of the Duke their Publickly Avowed Head who still carried on their designs by new and more detestable methods than ever and were continually busie by Perjuries and Subornations to charge the best and most considerable Protestants in the Kingdom with Treasons as black as those of which themselves were guilty If we observe what vile Arts were used to hinder the further discovery what liberty was given to reproach the Discoverers what means used to destroy or corrupt them how the very Criminals were incouraged and allowed to be good Witnesses against their Accusers We should easily excuse an English Parliament thus beset if they had been carried to some little Excesses not justifiable by the Laws of Parliament or unbecoming the wisdom and gravity of an English Senate Now other men may possibly be of another mind and think that if the state of things had been but half so deplorable as they are here described the least Excess had been then inexcusable for there is never more need of gravity than in great and eminent dangers but what I shall say will it is like not be much regarded hear then what the Chancellour of England said The Considerations which are now to be laid before you are as Vrgent and as Weighty as were ever yet offered to any Parliament or indeed ever can be so great and so surprizing have been our Dangers at home so formidable are the appearances of danger from abroad that the most Vnited Counsels the most Sedate and the calmest Temper together with the most dutiful and zealous affections that a Parliament can shew are all become absolutely and indispensably necessary for our preservation So that little excesses are great crimes when men are beset with dangers tho they may be excused in times of Peace and Security if I rightly understand this wise and honourable person But if we come to search into the particulars here enumerated there may possibly arise better Arguments to excuse their Excesses The Popish Faction about that time having tried all other ways to clear themselves of the Plot without any good success fell at last upon another Project which was to start a New Plot. They knew there were in London some Clubbs and Coffee-house-Sets of Presbyterians Old Army Officers discontented Gentlemen and Republicans which had close Cabals and private Meetings and that the Court had a jealous eye upon them as indeed there was good cause for it and out of these materials they thought they might easily raise the structure of a Presbyterian Plot against the State but all the chief men of the Popish Faction being fled imprisoned or executed this grand Design fell into the hands of people of no great either parts or reputation to carry on so difficult an Undertaking and it was not likely neither to be easily believed if it had no other Witnesses but Papists to attest it And it was not possible for them to bring over any other of any reputation in the low estate their affairs then were so that the Contrivance miscarried and only tended to make the Papists more hated than they were before and this is called the Meal-Tub Plot which I should rather have ascribed to the rage and desperation of the Papists than to their Insolence which was then very well abated by the Execution of Coleman Staley the Murtherers of Sir Edmundbury Godfry and the Jesuits which had reduced them to too low a condition to defie the meanest Courts of Justice in the Nation and put them upon those mean and base thoughts of Perjuries and Subornations to avoid that ruine which they saw ready to overwhelm and destroy them But that which
could not hurt the Church of England therefore the Dissenters were to be caressed and cherished that they in a small time might be in a capacity to do it And now if these were not good reasons for the Vote let any impartial man that is any but a Church of England man judge In the midst of such Circumstances was there not cause to think an Union of all Protestants necessary and could they have any just grounds to believe that the Dissenters whilst they lay under the pressures of severe Laws should with such Alacrity and Courage as was requisite undertake the defence of a Country where they were so ill treated Whether this question relates to the French King and the Papists or the Duke and the Civil and Military Officers may be a question and therefore it must be so answered As to the first there was all the reason in the world that they should joyn heartily with the Government against the Papists and French for they could not hope to mend their condition by falling into their hands who they knew would treat them with other manner of severities than those they met with from the Laws if they did not know this any of the French Protestants that fled over 〈◊〉 England might have informed them sufficiently N●w of evils the least is to be chosen and tho their con●●tion had not been equal to their desires yet it had been a madness to have made it worse by delivering up themselves and their Country into the hands of the French and Papists But if it relates to the Duke and the Civil and Military Officers then I hope he will excuse me if I do not think it fit to have another Union of Protestants of that sort again A long and sad Experience had shewed how vain the endeavours of former Parliaments had been to force us to be all of one Opinion and therefore the House of Commons resolved to take a sure way to make us all of one Affection This was the very reason of the Declaration of Liberty of Conscience But how unlike that course was to prevail the Nation had sufficient experience in a few years And Sir I can assure you it is above the power of a House of Commons to unite those men in Affection who differ not only in Opinion but Practice too in matters of Religion For these reasons my Author saith this Vote was made in order to a repeal of them by a Bill to be brought in and presently he grows Pettish and tells us None but a Frenchman could have the confidence to declaim against a proceeding so regular and Parliamentary as this Your humble Servant Sir I pray be a little pacified you may possibly be mistaken as well as another man but would I believe take it a little unkindly to be called Monsieur presently They very first Vote they made that day was this Resolved That whosoever advised his Majesty to Prorogue this Parliament to any other purpose than in order to the passing of a Bill for the Exclusion of James Duke of York is a betrayer of the King the Protestant Religion and of the Kingdom of England a promoter of the French interest and a Pensioner to France So they knew they were to be Prorogued that very day and as the Story goes made more than ordinary haste to pass these Votes Now it was impossible that a Bill should be brought in much less passed in that Session which was to end before night and therefore this was not nor could not be the cause of that Vote and all your little Queries founded upon this supposition are silly and impertinent There was not the least direction or signification to the judges which might give any occasion for the reflection which follows in the Declaration The due and impartial execution of the Laws is the unquestionable duty of the Judges and we hope they will always remember that duty so well as not to necessitate a House of Commons to do theirs by calling them to account for making private instructions the Rule of their judgments and acting as men who have more regard to their Places than their Oaths So the Dissenters may see they are mistaken when they think the Judges or Justices may forbear executing the Laws against them upon the score of this Vote But tho the Judges are sworn to execute all Laws yet there is no obligation upon any man to inform against another No Sir Is not every Grand-Jury man every Constable and Churchwarden sworn to Present the breakers of our Laws as well as the Judges are to punish them And as for the next Conundrams of yours the comparing a parcel of Laws made within twenty years to those Antiquated ones about Caps and Bows and Arrows and killing of Lambs and Calves and your business of Empson and Dudley they are such stuff as a man of half your understanding would have been ashamed to have mensioned in a good cause In the next place my Author acquaints us what are the causes usually of disusing Laws alterations of the Circumstances whereupon a Law was made or if it be against the genious of a People or have effects contrary to the intents of the Maker none of which can be said in this case Nor is that true which follows that the quiet safety or trade of our Nation hath been promoted by the not executing of these Laws as any man may know that can remember but ten years backward And therefore notwithstanding the Vote of the Commons the Judges may act wisely and honestly if they should encourage Informers or quicken Juries by strict and severe Charges For the due and impartial execution of the Laws is the unquestionable duty of the Judges according to my Author and therefore I will hope they shall not be accounted Knaves or Fools for doing their unquestionable duty But then my Author hath another quarrel with the Ministers and that was for numbring this Vote amongst the causes of the Dissolution of that Parliament when the Black Rod was at the door of the House to require them to attend his Majesty at the very time when it was made Well suppose we should grant that this was not one of those Votes that occasioned the Prerogation it not being then made when that was resolved on yet it might occasion their Dissolution which hapned some time after And was not this an excellent time to make Votes for the bringing in of Bills for the Repeal of Laws when the Black Rod was at the door to call the House to a Prorogation After a little anger against the Ministers for arraigning one of the Three Estates in the face of the World for usurping power over the Laws imprisoning their fellow Subjects Arbitrarily exposing the Kingdom to the greatest dangers and indeavouring to deprive the King of all possibility of supporting the Government the man hath forgot how often he hath arraigned the Long Loyal Parliament for a
a man sit there twenty years yet he shall be allowed to know no more of them the day after he is turned out than I do The Declaration mentions one sort of men who are fond of their old beloved Commonwealth Principles and others are aangry at being disappointed in designs they had to accomplish their own ambition and greatness Surely says my Author if they know any such persons the only way to have prevented the mischiefs which they pretend to fear from them had been to have discovered them and suffered the Parliament to sit to provide against the evils they would bring upon the Nation by prosecuting them I cannot but fancy my Author smiled to himself when he made this pleasant Proposition In the next place my Author gives us a description of men of Commonwealth Principles he tells us They are men Passionately devoted to the publick good and to the common service of their Country who believe that Kings were instituted for the good of the People and Government ordained for the sake of those that are to be governed and therefore complain or grieve when it is used to contrary ends and that wise and honest men will be proud to be ranked in this number Now as favourably as he hath drawn it I assure him I for my part am none of the number for tho I know that if there were no People there could hardly have been Kings and that one main end of Government was the good of those that are to be governed yet I believe that God Almighty had some respect for Princes and Governours and did not design only the good of the People but their good too and tho I can grieve yet I am not apt to complain when things go amiss My Author in the next place spends a great deal of learning to prove That the word Commonwealth signifies the common good in which sense it hath been used by all good Authors c. Now this I will yield him with all my hearts that till one thousand six hundred and forty all the World thought that a good Commonwealth man and a good Subject were terms that might be promiscuously and indifferently used but the Author cannot be ignorant that not long after the word Commonwealth was so wholly appropriated to an odious Democracy by the Rebels of the late times whose usurped Seal and Coyn bore the Image and Superscription of the Beast that it is no ways likely it should ever recover its Primitive signification And I dare assure him that many of the English Nation will never be pleased to find in Parliament such men as have so great a kindness for the word as implies a hankering after the thing it has obtained to signifie But if the Declaration says my Vindicator would intimate that there had been any design of setting up a Democratical Government in opposition to our Legal Monarchy it is a Calumny just of a piece with the other thing which the Penners of the Declaration have vented in order to the laying upon others the blame of a design to overthrow the Government which only belongs to themselves Now Sir This is not the first time that his Majesty hath complained of a parcel of men who had such a design and if you please we will inquire a little into the reason of it That there was in the Nation a great number of men that had imbibed a Notion that all other kinds of Governments but what had something of the Democratical form in them without a single Person were Arbitrary and Tyrannical I suppose will not be denied that these men did not all of them expire when his Majesty landed from Breda is very probable but his Majesty being setled and all things running quite contrary to their Interest as you have told us may appear by comparing the Parliaments that were sent up in 1640. and 1660. these men were forced to seem more loyal than they were that they might one day appear what they were Now Sir it is not to be expected they should openly declare for the Commonwealth of England and desire Charles Stuart to march off and give them their right when blessed be God they have neither Men nor Money to back such an insolence with but yet we may be allowed to guess at their Designs by their Actions and if that may be allowed the Penners of the Declaration were not the only men that thought there was then and is now some Democratical or Commonwealth designs against the very Monarchy driving on and you must excuse me if I say the Calumny lies at your doors get rid of it as well as you can It is strange how this word should so change its significacation with us in twenty years All Monarchies in the world that are not purely Barbarous and Tyrannical have ever been called Commonwealths c. Sir I will grant more than that that all without exception have by some men been so stiled and produced good Authors for it But yet we that had so lately like to have been ruined by the word and men that were fond of it shall ever have reason to hate them and it and a less space of years than twenty such as passed betwixt 40. and 60. might be allowed to render a word hateful which in strict propriety signifies the Publick Affairs of a People managed by many with equal Authority I could easily answer all you have brought to defend the word but the case being plain I will not trouble my self or my Reader and therefore if you have no other Argument to prove men guilty of a fondness to Arbitrary Power than their aversion for this word I shall never go about to contend with you No man can have a greater Veneration for Parliaments than I have but then who are they that have disordered things to that height they lately were You say the Ministers are the men whom you represent as you use to do with bitter reflections on his Majesty and not the Parliament others say it was such men as your self and the case hath been by both Parties referred to the People and they have by thousands given their Verdicts against those their Representatives which to me is a strong Argument the case is not so difficult as you pretend for I do not conceive it possible to delude so great a part of the People into an abhorrence of their own Representatives without their having given them just cause And if we look about us we shall find these who design a change on either hand fomenting a misunderstanding between the King his Parliament and People whilst persons who love the Legal Monarchy both out of Choice and Conscience are they who desire the frequent and successful meetings of the great Council of the Nation Sir if you durst have spoken your mind plainly I might possibly have thought this the only honest passage in this whole Book but as it now stands it is to me apparent
REFLECTIONS ON A PAMPHLET STILED A Just and Modest Vindication of the Proceedings of the Two last PARLIAMENTS OR A Defence of His Majesties Late Declaration BY The Author of the Address to the Freemen and Free-holders of the Nation Ut imperium evertant libertatem praeferunt Si perverterint libertatem ipsam aggredientur Tacitus Ann. lib. 4. Rumoribus atque auditionibus permoti de summis saepe rebus consilia ineunt quorum eos è vestigio poenitere necesse est quum incertis rumoribus serviant plerique ad voluntatem eorum ficta respondeant Caesar de Bello Gal. lib. 4. LONDON Printed by M. Clark for George Wells at the Sun in St. Pauls Church-Yard 1683. The Author to the Reader THE Pamphlet on which these Reflections are written hath so long since received its doom for it was designed to put a stop to the many Loyal Addresses which then came in every day And so every one that succeeded it gave it a moral wound by declaring to the World its weakness and folly that it may seem a piece of impertinence in me to drag it into the light again tho with an intent to expose it the more to the just Recentments of all good Subjects wherefore for my own justification I think my self bound to assign the Causes why so late and why at all Know then Reader that this same Libel entituled A just and modest Vindication c. was Printed near Six months before ever I heard there was any such thing in the World and it was near Six more before I could get a sight of it tho I used all the interest I could make to borrow or buy it When I had it and had read it over once or twice I then resolved to make some short Reflections upon it and put them as a Preface to the third Part of the Address to the Freemen and Freeholders of the Nation which was then going to the Press but being pressed at the same time with an earnest desire to leave no material passage in the Libel unexamined and wanting still to bring a just Answer to it within the compass of a Preface to that Book it swelled to such a bulk that it was totally unfit for that purpose so I thought it was better either to Print it alone or to suppress it To which purpose I sent it up about Michaelmas last to London to a Person of great worth and judgment to peruse it and pass a final Sentence on it but his greater business prevented him from so doing till almost six months after And by that time I cannot deny but that notwithstanding the favourable opinion my worthy Friend was pleased to pass upon it it seemed to me almost Antiquated and upon that account I would certainly have hushed it up in everlasting silence if I had not at the same time considered that the ill Principles this Libel hath sown in the minds of men are like Seeds which lie buried in the Earth during the Winter but if the Soil happen to be stirred again and then the Rain and Sun give their assistance they will certainly spring up and produce a plentiful Crop of pernicious Weeds to annoy and disquiet the Nation And I am not without all hopes that these Reflections may by Gods blessing prevent some part of this mischief and although I should be mistaken in the Event yet I am satisfied the Design is good How well or ill I have performed what I undertook belongs not to me of all men to determine for we are 〈◊〉 to be too fond of the Children of our Brains as well 〈◊〉 of our Bodies but they who have no such relation to 〈◊〉 will easily observe their defects and faults and to 〈◊〉 I leave it to pass what judgment they please upon it 〈◊〉 I have ordered his Majesties Speech at the opening of the Parliament at Oxon and his Gracious Declaration c. to be Printed with it because there are such frequent occasions to have recourse to them that the Reader will have too much trouble if he have them not in the same Piece and it is probable many of them may not have them neither I shall add no more but my earnest Prayers that God would so bless the Work that it may bring forth the blessed fruits of Peace Righteousness and Loyalty in the minds of all those that peruse it and that he would deliver me and all his Majesties Loyal Subjects out of the hands of unreasonable and factious men and if the Reader please to put his AMEN to this he shall infinitely oblige me March 10. 1682-3 REFLECTIONS ON A PAMPHLET STILED A Just and Modest Vindication of the Proceedings of the Two last PARLIAMENTS BEING A defence of his Majesties Declaration THis Author who by his stile and the manner in which he treats all those that have the misfortune to fall under his Censure appears to be no mean person seems every where throughout the whole Discourse to be transported with so much Anger and Rage that he was neither master of his own Reason nor able to use that Learning he had to any good purpose From whence we may suppose it hapned that putting the Title of his Book in the first lines of it he never more thought of the Justice or Modesty pretended but a Vindicative Spirit took such possession of him as he never became his own man after My Reader therefore I hope will pardon me if his Passion happens to move one in me in any part of these Reflections because is is difficult to converse patiently with a man of this temper He begins thus The Amazement which seized every good man upon the unlooked-for dissolution of two Parliaments within three Months was not greater than at the sight of a Declaration pretending to justifie and give Reasons for such extraordinary proceedings Thus my Author comes staring upon the Stage as one newly recovered out of one Amazement and just then taken with another he fansies all the good men of the Nation under the same distraction of mind And what was it that wrought so powerfully on him that every man that was not so affected deserved not the Title of a Good Man Nothing in the world but the Dissolution of the two last Parliaments and the sight of the before-mentioned Declaration A frightful ominous sight He tells us afterwards there never appeared such a Prodigy before but in 1628. and that was one of the first sad Causes though he does not prove it to be so much as an Occasion of the ensuing unhappy War a soft name for a Rebellion which as good men never had Cause so ill men never wanted a Pretence to stir up I can assure him that there were many good men who observed all this as well as he who did not instantly fall into fits upon it Good men can trust God and their King and rest quietly and free from Amazement in greater Accidents than these Having a little recovered himself out
had been but for half an hour he would not have consented to it because of the ill consequences it might have hereafter the Militia being wholly in the Crown c. Now I believe it would be difficult for my Author to make and prove the like instance in any of our former Princes And in the first of the short Westminster Parliaments his Majesty passed the Act for the better securing of the Liberty of the Subject and for preventing imprisonment beyond Seas to which an honourable Person adds The Act against quartering of Souldiers upon the Subject and saith his Majesty might have had many Millions for these Acts if he had insisted on a bargain or known how to distinguish between his own private Interest and that of the Subject or the truckling way of Bartering when the good of his People was concerned And in the last short-lived Westminster Parliament his Majesty passed the Act against Importation of Irish Cattel for no other visible cause but because both Houses had passed it tho it tended to the Diminution of his Revenue And now let us see how gratefully our Author treats him for all these Royal and Prince-like Favours Therefore the Favorites did little consult his Majesties Honour when they bring him in solemnly declaring to his Subjects that his intentions were as far as would have consisted with the very Being of the Government to have complied with any thing that could have been proposed to him to accomplish those Ends he had mentioned which were the satisfying the desires of his Subjects and securing them against all their just fears when they are not able to produce an instance wherein they suffered him to comply in any one thing Whatever the House of Commons Addressed for was certainly denied tho it was only for that reason and there was no surer way of Intituling ones self to the favour of the Court than to receive a Censure from the representative body of the People As to the Addresses made by the House of Commons alone they were many of them such as his Majesty could not comply with without great mischief to himself or them that had exprest the greatest Zeal for his Service and when for that case only they seemed to be persecuted it would have been very impolitick in his Majesty tho he had been his own man and not under the dominion of the Favorites as it seems he was to have yielded to the Commons against them But cannot the Favorites instance wherein they suffered his Majesty to comply in any one thing with the House of Commons Did not his Majesty at their single request Pardon a great many Informers against the Plotters Did he not pardon B. Harris too his 500 l. Fine and Imprisonment which he had incurred by Printing disloyal and seditious Pamphlets Did not his Majesty upon their Address discharge all the Protestant Dissenters who were then under prosecution upon several Penal Statutes without paying Fees as far as it could be done according to Law and promise also to recommend them to the Judges There might many other instances be given of moneys issued out of persons taken care for and the like upon the single request of the Commons so that I cannot but wonder where my Authors modesty was when he pressed the Favorites to give one instance of his Majesties compliance with the House of Commons But his Majesty and the Court were kind to all that received any Censure from the representative body of the People They might thank themselves for that who bestowed their Censures so freely on men that had deserved very well of his Majesty and the Government and yet I believe there may be some instances given of men whom they Censured or imprisoned that have not been mightily advanced since by the Court but let us examine those few particular Examples my Author hath marked out Let it for the present be admitted saith my Author that some of the things desired by that Parliament were exorbitant and because we will put the objection as strong as is possible inconsistent with the very being of the Government yet at least some of their Petitions were more reasonable Doubtless there was some such which therefore were freely granted by his Majesty as I have proved The Government might have subsisted though the Gentlemen put out of the Commission of the Peace for their zealous acting against the Papists had been restored And so might the Protestant Religion by Law established be preserved without the assistance of these zealous Gentlemen and therefore his Majesty was not to be instructed by these Representatives whom he should imploy as Justices of the Peace especially after they had discovered so much kindness for the Dissenters who have something an odd Notion of Papists and Popery Nor would a final Dissolution of all things have ensued tho Sir George Jefferies had been removed out of all Publick Offices or my Lord Hallifax himself from his Majesties Presence and Councils The first of these Sir George Jefferies was then Recorder of London and was prosecuted by a part of the City for that he by traducing and obstructing Petitioning for the sitting of that Parliament had betrayed the Rights of the Subject Now that Gentleman opposed them as many others did in obedience to his Majesties Proclamation and the Laws of the Land and it was a little unreasonable that his Majesty should joyn with the Commons to ruine him though it could be made out that his Majesties Proclamation was illegal and that there were a mistake also in the point of Law My Lord Hallifax was prosecuted only for opposing the Bill for disinheriting the Duke of York in the House of Lords and no fault whatsoever laid to his charge Now he being a Member of that House it had been very unreasonable for his Majesty to have punished him for using his own just and legal freedom in a case especially wherein his Majesty had declared his own resolution so very often before Now Sir tho these two Persons are not essentially necessary to the preservation of the Government yet it is absolutely so that his Majesty do not give up those that have faithfully and legally served him in their proper Stations either to please the People or their Representatives without a legal trial and a just defence We may all remember what the Consequences of his Majesties Fathers giving up the Earl of Strafford in the beginning of the late troubles were and I hope I shall never live to see that sort of compliance reacted again Had the Statute of 35. Eliz. which had justly slept for Eighty years and of late unreasonably revived been repealed surely the Government might still have been safe And though the Fanaticks perhaps had not deserved so well as that in favour to them his Majesty should have passed that Bill yet since the Repeal might hereafter be of great use to those of the Church of England in case of a Popish