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
and thereby they are confirmed in their Wickedness and all honest and deserving Men discouraged When a King calls such Persons near him as ought for ever to be banisht his presence every Man else that is more deserving will withdraw themselves because not consistant with their Honour to herd with any who are unworthy the places they hold and so in a short time the King will be left destitute of Council or any to defend him and exposed to his Enemies both at home and abroad and his own People so prepared that when any fair occasion offers it self to cry out Nolumus hunc regn are and thereby from a Potent King may become a Nominal Prince and no more Upon the whole matter then May not that Prince be judged to be born under an untoward Constellation who goes out of his way when it Iyes so open and directly before him or that splits upon a Rock which he may more easily avoid than fall upon it For that which is necessary to make him as happy as a King can be is not more difficult than what was required of the Syrian General to cure his Leprosie the one was bid to wash and be clean and the other to keep fair with his People and what they desire is reasonable and just in relation to themselves and honourable and safe for him and is the thing in the World that can add most to the Excellency of His Majesty and the Might of His Power When a Prince mistakes his way for want of experience or a true representation of the State of Affairs this is an Error on the right hand and there remains hopes of his return but when it proceeds from his own inclinations and it is the dictates of his own breast then it is an evil that threatens the Land during his Life because nothing but some very pressing necessity can make him alter his course How great a Blessing or a Burden then is a King to the Land and how ought a good one to be valued and a bad one to be dreaded since there is no Medium betwixt those two and since so much of the good or evil depends upon the advices that are given him how careful does it behove him to be in the choice of his Council and then how highly ought he and the Nation to value such who set light by any Imployment when it stands in Competition with their Duty That King then who is inform'd of and sees his mistake and does not rectifie it will leave no good Character behind him but he that finds he is out of his way and returns to the right path is both Wise and Just and he that always keeps in the right road is a fortunate Prince But to say that his administration was unblameable and yet from the first resolved that if he did slip aside he could not sooner discover his Error than he would set things to right is the greatest Character of a King REASONS why King JAMES Ran away from Salisbury In a Letter to a Friend SIR ACcording to my promise when we were last together I send you my further thoughts upon what we then discoursed The first thing as I remember that we had under our consideration was an Inquiry into the true and real cause of King James's running away from Salisbury I then was and am still of opinion that he was acted by Fear more than by any thing else from the first Notice that he had of the Prince of Orange his design to the Moment that he got into France Nothing but fear could make him neglect what is so expedient upon such occasions That is to clap up every Man of Quality or Interest that he suspected but he was so far from laying hold of any man that he courted and even humbled himself to those very people whom before he would not admit into his presence and with so much abjectedness made an offer of their Charter and Franchises to the City of London and other Corporations What else but Fear could put him upon so unpolitick a thing as to send for so very many Irish For not to insist upon their insufficiency to help him at a dead lift had he consulted his reason he must have foreseen the discontents and divisions that it would create in his English Forces for it shewed that he reposed a confidence in the Irish even to a distrust in the fidelity and sufficiency of the rest of his Army and a distrust at any time much more at that would be felt very sensibly though toucht never so lightly and therefore if he could not be confident of his Army before he might expect that this would dispose them to a Revolt upon the first occasion that they should meet with Could any thing but Fear dispose him to those methods which he took to oppose the Prince at his first landing For as upon a Fright all the Blood retires to the Heart so he drew all his Army together and reckoned himself so much the safer by how much less distance any part of his Forces were from him thereby neglecting the advantage that he had against the Prince of Orange whom he was certain must land either in the West or North and eight or ten thousand men sent down to each of those places to receive him at his landing might either have destroyed his Army or else have broke it so much that a small supply of Fresh men in a few days would have made an end of that Matter if withal he had dispersed a few of his Forces conveniently up and down the rest of England which would either have wholly prevented or hindred any considerable Assistance from coming into the Prince for the Nation had been rid so long that little of the old English Spirit was left and most who declared for the Prince of Orange proceeded with so much caution that they shewed more Cunning than Courage as I will shew you by and by and besides those Forces thus placed to prevent any that should appear for the Prince could in a few days joyn that Body that was to attack the Prince when he landed and have made up a Force considerable enough to ingage his that did not exceed 12 or 13000 having lost most of their best Horses and the Men much weakned and disheartned by the Stormes and lying long on Ship-board or had they come on more equal terms it was doubtful whether they could have kept their ground against an equal number of King James his Army But had King James his first Body been routed yet the remainder of his Forces far exceeded in Number the Princes and would have found him fresh work over and over if King James would have staid with them But this Method so prudent and obvious he refused and as little made use of the other which he took He quartered all his Army in and about London till he heard the Prince was landed when he ordered it to march and followed it in
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
or have said that within such a time there will be a change or any other thing that tends to disturb the Government you ought to present it If any Parson or Vicar not having taken the Oaths has officiated at his Benefice since the 2d of Feb. last you ought to present them for it is as much an offence in them to officiate when they have not qualified themselves as if they had never been presented and their contempt is very great Gentlemen Tho I have not mentioned any other parts of your business yet I know you will not neglect them that which I have spoke to does so immediately concern us that I thought it necessary to inlarge upon it And since God has so wonderfully delivered us we could never answer it if we do not our parts for if we perish through our own neglect our blood lyes at our own doors and we deserve the burial of an Ass if we dye like Fools but I trust we shall not nor do I suspect you will be remiss in your parts and therefore I will trouble you no further but dismiss you to your business and I pray God direct you in it A Persuasive to UNION UPON King JAMES's Design to Invade England in the Year 1692. PEace in a Nation is like Health to a Natural Body whose Value is not sufficiently known but by the want of it God Almighty is wonderfully gracious to this Land not only in continuing to us the Blessing of Peace but teaching us the Worth of it by letting us see the Nations round about us at War and groaning under all the miserable Effects of it whilest it is kept at a distance from us and we are only at some Expence which is unavoidable all Circumstances considered unless we will submit to that Monster the French King and indeed God has done so many and great things for us that nothing is wanting to compleat our Happiness but our selves Of all the Mercies this Nation has lately receiv'd I think our Deliverance from King James was none of the least if it be a Mercy to be deliver'd from Popery and Slavery That we were in great danger of it I think 't was very evident from what we had suffer'd and King James had apparently further design'd to do had he been let alone a little longer for his Government was become so exorbitant that Men of all Persuasions many of the Papists not excepted did think his Yoak intollerable and that it was highly just to be relieved against his Oppression For when the Prince of Orange Landed there was scarcely any Man that appear'd for King James nay a great many of his Army deserted him which coldness and neglect could not probably proceed from any thing so much as from the ill opinion they had of his Cause Now if any that were then so indifferent and passive have now conceived a better opinion of him it may well be suspected that a particular pique or some sinister byass guided their Motion at that time and if so it 's no matter what side they are on for those who are govern'd in such Cases by any thing but a publick principle are easily turn'd about by every breath of Air. Nor can I imagine what can give any Man a better opinion of King James than he had of him before he went into France the only place as he says he could retire to with safety considering how improbable it is that any instructions which that Tyrant may give him will make him less inclined to Popery and Arbitrary Power I suppose it is no news to you that King James did lately intend to Land with a French Force I am persuaded that most people believe it they that don't may as well doubt whether there was a Gun-powder Plot for it is as plain as a thing of that nature can be which has not actually taken effect and it is as certain that he and those his good friends had been here several weeks since had they not been kept back by those Easterly Winds which continued so long Yet that did not break their measures it only delay'd the matter for at last they were ready to put all things on Board but were happily prevented by the wonderful Success of our Fleet for which the Name of the great God be prais'd The defeating of their design is a Mercy never to be forgotten for no design that we know of that was ever form'd against this Nation could be more bloody and destructive than this would have been For King James in his Declaration does expressly say That his intent is to spend the remainder of his Reign as he has always design'd since his coming to the Crown These words speak a great deal of Comfort to England for they cannot mean less than what he has already done When he took the Customs against Law Carried on Sham-plots by his countenance and bribery to destroy honest and worthy Men When he bereaved the Corporations of their Liberties and Franchises When he turn'd out Judges for acting according to their Consciences and filling the Benches with the Raff of the Gown When he avowedly set up Popery and erected publick Chapels in all parts of the Kingdom When he placed notorious Papists in the Seat of Justice and brought a Jesuit into his Councels which was more than any Popish Prince but himself ever did When he set up a High Commission When he set up in Time of Peace a numerous Army to the Terror of his Subjects and allowed so little for their Quarters as it amounted to little less than Free-quarter When he assumed a Dispensing Power and declared he would be obey'd without reserve These and a great many other Irregularities were the product of his Reign and it is not very probable that he is brought to a better temper by any thing that he has seen or learnt by his Conversation with the French King and it is as little probable that King would have treated him as he has done had he discover'd in King James any disposition to govern more mildly and reasonably for the future How much he is influenced to the contrary is very evident by designing to bring in the French upon us the people of all others this Nation ought most to dread â—n some Histories they are called the Old Enemy of England and very truly may be called the irreconcilable Enemy of England For who ever looks into Story will find that France has occasiond more trouble to England than all the World besides nay there has scarcely been any ill design against the Nation but France has had a hand in it as if their very Climate did necessitate them to be at Enmity with us If any of our Kings has design'd to enslave us they have entred into a Confederacy with France as the People of all others most likely to serve their purpose and it has always gone ill with England when our Kings have made an intimate friendship with the French
this conclusion will follow that no man can before the Judges be Convicted of Treason unless the Fact be expresly and literally Treason within some Statutes and he be thereof provably attainted by some Overt Deed and consequently a Conspiracy to levy War is not an Overt Act of Compassing the Kings Death REASONS For an UNION Between the CHURCH And the Dissenters WE have at this day many things to lament and complain of and there is nothing that is a greater cause of General Sorrow than the Rents and Divisions that are amongst Protestants It is confessed on all hands that the only way to repair these Breaches is that both sides must yield but who must lead the way is the first question and to that I think there is a very Natural Answer which is this That they who have the Care and Guidance of the Church should by their Condescention in some things that are indifferent give a good Example to induce Dissenters to come up to be more conformable for they that are the Guides are to lead and not to follow As if there be a New Law made whether they that are to see it duely executed shall first put it in practice or else neglect it till it be done by the Rabble and in this I conceive there is no difficulty neither can there be any doubt in the other And there is yet a further Reason of it for what hopes have Protestant Dissenters to affect an Union by coming up to some things so long as they see the Bishops are so far from parting with One Indifferent Ceremony that they are dayly re-assuming several things that the first Reformers had cast away so that they are at nocertainty for what know they but when they have conformed to all that is now injoyned then shall other new things be imposed upon them So that without question it is necessary that the Bishops do begin the work and methinks they should strive to have the Honour of so Famous an Vndertaking as to be the first Authors of Vnitiug Protellants and it is to their Reproach that they have delayed it so long It is true there is an Objection made against remitting any Ceremonies which is this That Dissenters are not yet resolved what they would be contented with and therefore if you comply with them so far as they desire all things would be brought into confusion and the Church would be laid desolate and therefore the Ceremonies are to be kept to preserve Order and Vnity in the Church I do acknowledge that Order and Vnity are very necessary to be maintained but surely that is not the right way to preserve Order and Unity in the Church by making things necessary that are indifferent if that be the worst that can be said of them to keep Thousands out of the Church and methinks that man ventures very far who will make that necessary for which he has no Command from our Saviour or the Apostles I do also acknowledge that there is no great hopes to bring in all Dissenters but though I cannot gain all yet shall we not bring in as many as we can and he that has considered it without prejudice cannot but be of Opinion That if Three or Four things were taken away or left ad libitum that several thousands would conform and be very good Sons of the Church And these things which they desire not to have imposed on them are not Fundamentals and if they were taken away would leave the Doctrine of the Church as sound as before and the Discipline perhaps more pure because it would come nearer to the Primitive Iastitution which perhaps is that that makes the Morsel so bitter to their Lordships the Bishops But besides this these ceremonies which dissenters find fault with are old Popish Ceremonies and retain'd by the first reformers to bring in the Papists that were inclinable to turn and besides it had been as dangerous to have taken away all at a clap for Q. E. had seen the bad effects of a suddain thorough change both in the time of her father and her sister Q. M. and therefore she would not pretend to build Rome of a day nor to take it down the next but she proceeded by degrees as she found the people would bear it For it s a dangerous thing to press any thing against the stream of the Nation and who e're he be that thinks to carry it will find himself Grosly Mistaken Therefore she was forc't to keep in Many of the Popish Ceremonies the better to unite the People and if that was her design in retaining these Ceremonies then without question we have no further occasion for them because the design is at an end for which they were retained And no man can be so senseless as to think that the first reformers had done all that was to be done but that they left some thing for them that succeeded to finish They had Marked out the work and have done a great deal towards perfecting of it but yet they left a great deal to do for them that came after And I wish it were also considered that in regard the first reformers retain'd these Ceremonies to bring Papists into the Church why should not we have the same Charity to lay them aside and bring in Protestant dissenters Ought not we to have the same bowels of Compassion that they had As for my own particular I can comply with every thing that the Church does Command but it cannot but trouble any good man to see his brethren shut out of the Church because he has not on such a suit of Cloaths or will not bow to this or that Post The Kneeling at the Sacrament I wish there be not too much Idolatry in it and bowing to the Altar is of the same peice but I believe there are Thousands who have never considered these things so far or perhaps not at all who are very averse and do not conform because they Savour of Popery for the temper of England is bent against Popery the name of it is distastful to those that know not what it is Therefore it is plain that it is not for the good of the Church that these Ceremonies are not layed aside and the Bishops themselves do know that the Churches would be fuller if these Ceremonies were left indifferent But the true reason why they contend so strongly for Ceremonies it is not to preserve the Church but to support themselves for they very well apprehend that their sloath and neglect of their Cures would be layed open by the care and vigilancy of many Pious and able men who would conform if Ceremonies were left indifferent And then it would not be so easy for them to ingross such Multitudes of Livings and Church-preferments into one hand They are afraid left peoples eyes should be further inlightened and a thorough reformation should be wrought it is terrible to them to think of reducing Episcopacy to its primitive institution
disposition and temper not to prescribe or necessitate them to any particular form And then consequently it will follow that what lawful Right or Power every King claims is by reason of the constitution of the Government and not from Nature If there be any such thing as this Natural Right it must be inherent in all lawful Kings for if some of them have it why not all of them And if any have every King else has the same And if this be so where was the Natural Right of King Stephen and Henry II both born out of the Realm their Fathers Forraigners and at the same time there were others who by right of descent were nearer to the Crown than either of them It was not this natural right that invented the coronation oath neither is it by reason of it that every King of England is bound to take it before they can require any of their Subjects to do them homage and fealty If there be any such thing as this natural right then it will follow that all the Kings of the earth but one are Usurpers because this natural right must arise from Primogeniture and there can be but one man at the same time who is the rightful Heir and Successor to Adam and consequently all others that pretend to be Kings usurp upon his right So that this notion of a natural right pulls down the thing it pretends to set up When a Common-wealth is changed into a Monarchy is it this natural right that makes him King who is first set up Or when a Family is extinct that has been long in possession of the Crown and the Body of the People chuse a King from amongst themselves is it by this natural right that he attains to this dignity But as a multitude of other absurdities would follow upon it so the Apostle puts the thing out of dispute when he says That Kings are the Ordinance of man And here I will leave Kings to resolve which is their best title whether this natural right or the constitution of the Government Differences and disputes do but too frequently arise betwixt the King and People and therefore I will tell you what I conceive to be advisable when such ill humours are afloat Consider whose demands do best suit the common good For by a serious and impartial examination of that you will be able to discover who is in the right For if you follow this rule exactly it will not misguide you And take this Observation along with you When the State is distempered you will find for the most part if not always that the cause of offence proceeds from the Court. And the reason of it is very evident Because so long as English men injoy their rights they have no occasion to quarrel with the King for they need nothing else But Kings as they are always think they are too short in power and those that are about them are too apt to incourage those desires in Kings because the more absolute he is the more able he is to gratifie his Creatures Now in this case let not the opinion of the Clergy govern you for none are blinder Guides than they and no one thing hath done more mischief in this Nation than their politicks If you happen to be on the prevailing side use your advantage with Moderation This you are obliged to do as you are a good Christian and self-interest pleads for it for since the events of all things are uncertain there may come another turn and then in reason you may expect fair quarter from them whom you treated so well in the day of your power If your Party come by the worst remember these two things First don't think the worse of your Cause by reason of the Success Neither make any mean submission nor do any other sordid thing to get out of your trouble use only lawful and honest means for if you are in the right sooner or later it will prevail and then in the end you will come off with double honour 2. If you are examined as a criminal confess nothing only argue against the insufficiency of what is objected against you For First It is an argument of your courage and resolution Secondly By confessing any thing you help them to evidence against your self and others for you furnish them with time and place and then it is an easie matter for a Knight of the Post to give such an evidence against you as is not easily disproved Thirdly It 's very seldom that you will meet with better usage though you confess never so much unless you will turn accuser of others and give evidence against them which is so base a thing that I would advise you to undergoe any extremity rather than do that For as your own Party will for ever abhor you and your Memory so the other side will despise and slight you as soon as you have done their business and all that you can do for the future will never wipe off such a blot If you are concerned in the prosecution of any publick Criminal let your proceedings be tempered with Justice and Moderation For I have seen it fatal to several who have strained and forced the Law to the destruction of others yet in the end fell into the Pit they digged for others and perished by their own Law When the State is so sore that it makes a Man an Offender for a Word and the times are so evil that the prudent keep silence Then are all meetings to be avoided save only such as are upon real business recreation or for Neighbourly Visits and those too in as small numbers as may be for Spyes and Informers will thrust themselves into Consults and Cabals and of all others will say the hottest and most violent things in hopes that believing that all proceeds from the fervency of their Zeal you may thereby be induced to say something that will bring you within the compass of the Law Or if you have the discretion or good hap to say nothing yet your very being in the same Company where such things have been said or uttered may either make you criminal or at best hand involve you into a great deal of trouble without bringing any advantage to the Cause you do assert And besides he that herds in Cabals must implicitely adhere to the opinion of that Company for by asserting his own Judgment in opposition to theirs though he be never so much in the right he runs the hazard of being reproached for a Spye or Deserter As you ought not to refuse any danger when a proportionable advantage will thereby accrue to the Cause you would support so in such sore times you ought to avoid the doing of any thing unnecessary hot and provoking unless where you or the Cause will reap benefit thereby For young men either through the heat of their years or the instigation of more crafty people are too often prevailed upon to do many things that in
or her Husband upon Tryal may not like her and so value her Family accordingly or if he thinks you matcht her to him in hopes to make advantage by him it will be natural for him to make it his business to disappoint you Now whether it be for these or any other reasons I know not but I have observed that giving a Daughter an extraordinary Portion out of that design has hurt many more Families than it has advantaged In the matching of any of your Sons but especially your eldest neither force nor too much flatter him into the likeing of any to whom his own Inclinations don't in some measure prompt him For an Errour in this is like one in the first concoction which can never be repaired For if there be any dislike in the Persons or their affections otherwise ingaged before they are married though their discretion may make them to carry fair to each other yet it has been seldom seen that afterwards there was any warmth of affection between them A great Fortune is welcome to every Family but he that only regards the plenty of Fortune without considering the Woman it is odds but he is out in his reckoning For if she be not a Woman of competent discretion he will fall short in his account In regard that if she be highly born she will expect and her Husband must have no quiet unless she be maintained according to her Quality and the Fortune she brought If she is of mean Parentage yet her Wealth will make her to forget what she was and esteem her self according to her Portion and the Quality of her Husband and as such she will expect to live For being once on Horse-back she will not know when it is time to alight and so by her expencefulness leave her Husband no better than she found him if not worse And therefore a Woman of a middle birth that is a Fortune is the most Eligible For as her Birth will give no allay to your Blood so in probability she will more easily be perswaded to a competent way of living and verifie the true old Adage That you are not so much to regard what a Wife brings as what she will save The best way of providing Annuities for your Younger Sons is by letting of Tenements run out of Lease which will not only be an ease but vantage to your Eldest For as by this you will not narrow his present Revenue so in such Tenements there will be but one Life whereas there might probably have been two or three Lives apiece in them had you renewed them as you did other Tenements Thus my dear Children I have finished these my Instructions which I have been able to write out of my own experience and for that reason ought not to be slighted by you I hope you will live long enough not only to practice but also to improve them yet not by my dear bought experience who have been a Man of trouble from my Childhood Now whether it shall be by Gods Blessing upon these or any other Advice may you get through this troublesome World with Peace and when you dye be received into Abraham's Bosom So prays Your Dearly Affectionate Father Delamer Dunham September 20th 1688. AN ESSAY UPON GOVERNMENT THE various kinds of Government in the World are no less an Argument of Gods Wisdom than the many People and Languages that inhabit the Universe are an evidence of his Power for had there been but one sort of Government in the World the Wisdom of God had not therein been so manifest since he that knows every road to such a place must be allowed to be so much more knowing in that particular than he that is only acquainted with one of those ways Gods Government of the World is amazing when seriously consider'd And the most admirable part of it is to observe that the whole conduct of that Affair is guided not by express Rules and Methods immediately by him delivered to the several People and Nations but they are instructed by the instinct of Nature to choose that which is most conducible to support their several Constitutions Except in such Cases when God in Judgment to a People hides from their eyes the things that belong to their peace Compare this Constitution in its proper Lineaments with other Governments and this conclusion will follow that we are the happiest people under the Sun for when our breaches are repair'd then may that of Deuteronomy the 4th be truely said of us What Nation is there so great that hath Statutes and Judgments so righteous for this Government has as it were extracted the good of all other constitutions having avoided the two Extreams of Tyranny and an unbounded Liberty no Government under the sun being so exact a piece of Symetry having so equally poized the prerogative and property that they are mutually assistant of each other whereby the administration is renderd so very easie he who sits at the helm having nothing more to do to make himself the happyest Prince in the World than to maintain a good understanding betwixt himself and his People and when that is wanting England is like a Ship that has lost her Rudder This Correspondence is seldom broak but by things that do apparently portend an utter eradication of our Antient Land-Marks As when through inadvertency or designedly any of our Neighbours are suffer'd to grow bigger than is consistent with the ballance of Christendom though the effects of it are not soon felt nor early foreseen but by discerning People Yet the Nation has always declined to give any assistance in it because they had no prospect of any advantage that would fall to their share and in a little time it has given great cause of discontent because they saw it did manifestly tend to break the ballance of the Government and could be of no other use than to serve the designs of a Prince who is desirous of Arbitrary Rule But the dissatisfactions betwixt the King and the People do not so usually proceed from this as from some other occasions and more obvious at first sight As when Parliaments are not suffer'd to meet and sit according to the usual times that the Law or necessity of Affairs do require For the Government cannot long continue well when Parliaments are neglected which is the only Physick to purge out those Peccant Humours that are contracted by time or accident and is as necessary to the well-being of it as the Means usually made use of to preserve the good Estate of a Natural Body And the difuse of Parliaments can no more be justified than to have recourse to Force and Violence when right may more easily and certainly be had by the usual methods of Law Parliaments are the Medium whereby the King is represented to the People in a true Light and if it is wanting it is no wonder if he appear to them in a posture of Offence rather than of Defence For when
of every Man is under the protection of the Law even Persons Condemned Outlawed or Attainted to Kill or Execute them in any other manner than the Law directs is Criminal In case of Outlawry for Treason or Felony in the Kings Bench if the Party be apprehended in time of a Vacation no Warrant can go out to execute him before the next Term but he is till then to remain in Prison that so he may not only be heard what he can say for himself wherefore Execution should not be awarded but that also the Law may be satisfied that he is the very Person named in the Outlawry and even a Prisoner condemn'd at the Bar cannot be executed till there is a Rule of Court or other order for it Now it is conceived that the Duke of Monmouth ought not to have been executed till he had been brought before the King's Bench or some other Court that could properly judge and distinguish whether he were the very Person Attainted by that Act for had he been brought to the Bar and there deny'd that he was the same Person a Jury must thereupon have been impanelled to try whether he were the proper Person or not For the Law delights in certainty and will not go out of so grave and considerate a way especially in so solemn a case as Blood where it cannot be too cautious one Man may be so like another that it is not easie to distinguish them when asunder and a mistake in such a kind would be a great blot upon the Justice of any Government when it is occasion'd by precipitancy and haste but we have lately seen such unfortunate times when there was a willing disposition to commit such Mistakes if any Colour of Law could have been found for it But setting all these things aside and were there not so many extraordinary things in the Case yet something ought to be done for the sake of the Dukes Children surely a great deal of compassion is due to them considering upon what score their Father lost his Head by reason that the Cause of his Rising in Arms was no other than that which prevailed with the Prince of Orange to make a descent into England that is to deliver us from Popery and Slavery there being nothing that differences those two Cases but that the one had success and the other miscarried and therefore can it be politick to leave that Attainder unrevers'd as a reproach upon the Duke and his Posterity for what he did Besides if this Attainder be not revers'd it will be an utter discouragement upon all others for the future to attempt the rescue of their Country if no regard shall be had to their Posterity in case they don't succeed I am verily perswaded that if the Prince of Orange had miscarried in his late Attempt to deliver us every Man that had suffered in that cause would have expected that when ever it was in the power of the Nation to have had a mark of favour be set upon their Posterity at least that of right their Families were to be put in Statu quo There will be very small inducement for any to be concern'd for the Publick when nothing but success will make the Publick take care of them when the Vertue of a People is so far depraved as to forget those that have serv'd them they do not after that long retain a true sense of Liberty and are easily perswaded to part with their freedom and so long as this Attainder remains in force it hangs over the Nation like a dreadful Omen for so long as it is in force we consent to the Justice of it and how can that be Just which we would not have done to our selves for certainly no Man would like to be Judged by such Law as took off the Duke of Monmouth and therefore what can be said that his Attainder should not be revers'd THE INTEREST OF Whigg and Tory. A LETTER to a Friend THough others may be more fortunate in their Conceptions yet I am confident that no Body imploys their thoughts so often and with more Affection to His Majesties Service than I do It is very obvious that the Kings Affairs are much perplex'd Vast supplys are necessary and there is but a dark prospect where the Money will be had or if the Nation were in more Wealthy Circumstances the Divisions that are amongst us would much obstruct the giving so much as is needful at this time But the greatest difficulty which the King has to struggle with will be from the High Church or Tory Party and the more he trusts or confides in them the harder game he will have to play For give me leave to say the King can never be safe in depending upon them till they change their Principles or he do foregoe his own No Man can have so mean a thought of the King that he will ever have so little Honour or Justice either to deny or go counter to what he has profess'd and practised in the whole course of his Life And it 's very plain that it is Private Interest and not the Publick good is the Principle by which that party has been acted And though they have sometimes seemed very zealous to serve the Crown yet they have never gone further with any King than so long as they could serve themselves of him and therefore unless they are govern'd by a more Publick Principle or have given more ample testimonies of their true affection to the King than they have done to those that have been before him the more Countenance he gives them the more he strengthens the hands that will be lift up against him if a fair occasion offer it self The Seven Bishops who were sent to the Tower for refusing to read K. James's Declaration were highly applauded for that Action as a Service done the Publick but if their own particular Interest had not prevailed with them they would not have been so forward to read the Declaration of K.C. that struck more directly at the heart of the Government and reproach all that shew'd a dislike of it If that Party has given any instances of their Affection to this King either they are not publickly known or not well understood but what they have done on the contrary are too notorious to admit of a Dispute It was that Party that contended so obstinately for the Regency and when the matter came to be decided by a Vote in the House of Lords there was but one Bishop that gave his Vote against the Regency Who are they besides those of that Party and the Papists that at this day refuse to take the Oaths Five of the Seven Bishops have so done It was that Party in the House of Lords that opposed the imposing the Oaths with the penalty especially on the Clergy It 's that Party that so much favours the Papists of this day and if any Protestants are found to be in a Plot with the Papists they are
constituted by God himself But that cannot be so for it would follow that God is unjust which he cannot be There neither is nor was any Government of that sort but only that of the Jews the rest of the World were left to themselves to frame such a Government as suited best to their Inclinations and to make such Rules and Laws as they could best obey and be governed by Ours is compounded of an absolute Monarchy and a Common-wealth and the original of it we have from the Saxons But be it what it will or whence it will it is without question that the first original of our Kings was that the people found it for their advantage to set one over them because of his Wisdom Valour and Justice and therefore they gave him several Prerogatives above the rest of the People that he might be the better able to govern and defend them for there is none of the Kings Prerogatives but are for the good of the Nation if rightly imployed But it will be a strange conclusion to suppose that the People obliged themselves to submit to the Posterity of that Man whom they first chose for their King because of his extraordinary Endowments let them be what they would and never so unfit for the Government For the next of blood may be incapable of governing in several respects suppose a Fool or Lunatick by his Principles if he aim at Arbitrary Power by his Religion if he be a Papist or a Heathen or by his practises before he comes to the Crown to destroy the Religion and Government by Law Establisht Now this I do not say to argue that the Election of the King is in the People though I think much might be said in that case neither is it now the question but that which I speak for is to prove that the next of blood has not so absolute an Inherent Right to the Crown but that he may for the good of the Nation be set aside There is yet another Inconvenience to allow the next of blood to have so absolute a Right to the Crown because the Possession of the Crown takes away all disabilities but only such as are by Act of Parliament which being so every King must thank his Successor for every moment that he lives if he kill him himself he cannot be questioned for it because as soon as the one is dead the other is King for here the King never dies If therefore the next of blood has so absolute a Right the King is very unsafe For though the D. be not inclined to shorten his Brothers days nay though he be averse to it yet in obedience to the Pope and his Priests it must be done either by himself or some other hand and then how long we expect his Majesties life If Kings were good Men an absolute Monarchy were the best Government but we see that they are subject to the same Infirmities with other Men and therefore it is necessary to bound their Power And by reason that they are flesh and blood and the Nation is so apt to be bad by their Example I believe was that wherefore God was averse to let the Jews have a King till they had Kings they never revolted so wholly from him when their Kings were good they were obedient to him but when they were idolatrous then the People went mad of Idols I hope it is no Regis ad exemplum that makes our Nation so lewd and wicked at this day A SPEECH AGAINST Arbitrary and Illegal IMPRISONMENTS BY THE Privy Councill THere is not any thing that an Englishman can claim as his Right that we value more than Freedom and Liberty I mean that of the Body because Imprisonment is a sort of Death and less tolerable to some than Death it self For by it we are deprived of all our Earthly Comforts What is a Man the better for having never so great an Estate never so great Honour or what else is desirable in this World if he is restrained of his Liberty Now there are several sorts of Restraints or Imprisonments and they are all forbidden by our Law unless the cause be very just and reasonable not for bare surmises or vain stories that a Man shall be imprisoned and hurried from his aboad but only for such cause as shall prove that it is for the good of the Government and the support of it that this or that Man is imprisoned or restrained Although the Law has taken very good care yet the Subject is often abused in his Liberty sometimes by the Courts in West-Hall sometimes by other Courts and particular Magistrates But the greatest cause of complaint proceeds from the Privy Council The Privy Council that is though they have been much to blame in this particular yet it is not a new thing that they practice but this Itch of sending for and imprisoning the Subject upon vain pretences has descended from one Privy Council to another like an Infirmity that runs in a Blood for no sooner is a Man made a Privy Councellor but this Spirit rests upon him This Mischief was early espied even in Henry III's time and several Lawes have been made to restrain the Privy Council By the 9. H. 3. Chap. 29. it 's declared that No Free-man shall be taken or imprisoned or be disseised of his Free-hold or Liberties or Free Customes or be out-lawed or any other way destroyed nor we will not pass upon him nor condemn him but by Lawful Judgment of his Peers or by the Law of the Land By the 5. Edw. III. 9. It is Enacted That no Man from thenceforth shall be attacht by any Accusation nor fore-judged of Life or Limb nor his Lands Tenements Goods nor Chattels seized into the Kings Hands against the Form of the Great Charter and the Law of the Land By 25. Edw. III. Chap. 4. It is declared That from thenceforth none shall be taken by Petition or Suggestion made to our Lord the King or to his Council unless it be by Indictment or Presentment of his good and lawful people of the same Neighbourhood where such Deeds be done in due manner or by Process made by Writ original at the Common Law Nor that none be out of his Franchises nor of his Free-holds unless he be duly brought in answer and fore-judged of the same by the Course of the Law And if any thing be done against the same it shall be redressed and holden for none By 28. Edw. III. Chap. 3. It is Establisht That no Man of what Estate or Condition that he be shall be put out of Land or Tenement nor taken nor imprisoned nor disinherited nor put to death without being brought in answer by due process of Law And by 37. Edw. III. Chap. 18. It says Tho' it be contained in the Great Charter That no Man be taken nor imprisoned nor put out of his Freehold without process of the Law nevertheless divers people make false Suggestions to the King himself
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
their Favourites do for the most part pick up mean Men people of no Fortunes or Estates upon whom it is that they place their favour to so high a degree And therefore it 's for their Interest to advise the King to govern by an Army for if he prevails then they are sure to have what heart can wish or if he fail yet they are but where they were they had no thing and they can loose nothing There is no Man but very plainly sees that there are People about His Majesty who advise him to shake off the Fetters of the Lawes and to govern Arbitrarily and I wish that their Advice have not prevailed for the most part yet I think His Majesties own Inclinations do not bend that way for he seems to love quiet and ease which no Prince can have that Rules by an Army Therefore before we can expect that His Majesty will come in to us these People of Arbitrary Principles must be removed from his Throne for whilest there are the same Advisers we must expect the same Advice whilest there are the same Councellors we must expect the same Results And this alone will not do it it 's but the first step to our happyness the Principles or Maxims of State must be removed it 's not taking away this or the other Man and putting in another to act by the same Rules that will cure our Disease but it 's the change of Principles that must do it You may remember in the last Parliament the change that was made in the Privy Council and Ministers and upon the first news of it I met with a Gentleman that had a great Service for White-Hall says he I hope now you are pleas'd what can you expect more from His Majesty I replyed I like it well yet not so very well for said I all is well that ends well for all is not Gold that glisters I am not sure that these Men that are put out have not left their Principles behind them when those are gone I shall like it very well The Man was angry and flung away saying you are hard to please and says I you are easie and so we parted And I pray you how much Wooll have we had after all this cry what benefit have we reaped by that change Do not we see that unless they would act by the Maximes of their Predecessors they must do nothing and therefore several did desire leave to go off Some of these worthy Lords and Gentlemen that did so are now in my eye and I shall ever honour them for it I cannot forget the promises made to the Parliament at the same time and how well they have been kept Therefore I think it 's very plain that till these Principles are removed from White-hall that all our labour and pains will end in nothing The way then as I conceive to do this is to lay before His Majesty the state of the case let us shew him how unable these Men are to serve him and how destructive to his Interest it is to follow their Advices and that he can be Safe and Great only by closing with his Parliament Would His Majesty be Safe alas what can his Creatures do just nothing they have no Power nor have they Will further than it serves for their own advantage But His Majesty is safe in his Parliament for it is the Interest of every Man in England to preserve and defend His Majesties governing by his Parliament Does he want Money to make him easie I pray what can he expect from the Catterpillers his Favourites their care is not how to serve him but to make their own Fortunes But from his Parliament he need not want very plentiful supplies to preserve the Honour of himself and the Kingdom Would he maintain his Dominions and Rights what can his Creatures do but when he closes with his Parliament he can neither want the Heads Hearts and Purses of his People to serve him so that whatever His Majesty would have it is only to be had by his Parliament For his Favourites cannot in the least contribute to make him Safe or Honourable or whatever else a King may want or desire All the Use a King can have from His Favourites is to have Stories and Lies to set him at variance with his People I hope when the Case is laid before His Majesty that he will close with us but if his Judgment is so prepossessed that it will not convince him of his Interest then we must conclude that it is with him as it was with Rehoboam who forsook the Council of the Old Men and inclined to that of the Young Men who councelled him to tell the People that his little Finger should be thicker than his Fathers Loynes And I pray what was the effect of that huffing Speech Why Ten Tribes were taken from him and it was not his Young Men that could recover them for him again neither was it without a Parliament that his Majesty was brought into England I hope his Majesty has not forgot it Let them advise what they will but I am confident they will think on 't a good while before they will adventure to put those Arbitrary Councils into Execution it will prove a hot matter to handle For though I hope no Man here will lift up his hand against His Majesty yet we may oppose any Man that does seek to invade our Properties And for my own part I will Pistol any Subject be he the greatest in England that shall in deavour to deprive me of my just Right Let us do what we can to effect an Union between the King and his People and leave that Success to God Almighty and his will be done A SPEECH On the Occasion of some JUSTICES Being put out of COMMISSION I Was in hopes that some Gentlemen would have prevented me in what I have to say for I fear the House is under a great mistake as to those Gentlemen of the House who are put out of the Commission of the Peace For it is to speak to that chiefly I stand up I acknowledge that it is an unanswerable thing that other Gentlemen were put out but no doubt it was upon very weighty and warrantable grounds that the Gentlemen of the House were put out For without doubt His Majesty or who he be that advised him to it did think it reasonable and were sensible that we who attend the service of our Country in this place do spend our Time and Money and neglect our own Affairs and therefore when we come home its fit that we have a time of rest and that we be eased both in our Bodies and Purses and be at leasure to settle our own concerns and not that we should be tossed from one chargeable and troublesome Imployment to another So that we have great cause to be thankful for the care that is taken of us Besides there is a further regard had to us for this is a
dangerous time to put the Laws in Execution against the Papists because there are Examples where Magistrates some have been murdered others attempted to be assassinated for putting the Laws in Execution against the Papists and because we appear'd to be zealous in it therefore this care is taken off us I suppose that might be the chief reason why I was put out because I have help't to convict above Five Thousand Papists in Lancashire And furthermore it was necessary to know how we stand in the thoughts of our Country-men whether they have a good opinion of us now we are turn'd out of Office because it look't like a design'd disgrace For my part it has gain'd me ground and I believe every Gentleman else finds his Countreymen not to esteem the worse of him I rather think better therefore seeing our Countreys believe us to be honest Men there 's no great question but we shall be in great esteem at Whitehall now they have had this Tryal of us For White-hall is very apt to incline to the opinion of the Country And that Cart is not well upon the Wheels when it is otherwise Therefore for my part I am very thankful that I am put out I 'le assure you I find my Purse the fuller for it and I find my Countrey to pay me altogether as much respect if not more than formerly There is but one thing that I grudged to part with and that was the Office of Custos Rotulorum which had been in my Family for several Generations and for that I hop'd a particular reason might have been assign'd why they took it from me but from that day to this I cannot learn what was the cause It 's gone and farewel it And that 's all the loss I had by being put out of the Commission of the Peace I have done with our selves and now give me leave to speak a little concerning other Gentlemen who are put out and no reason given for it When any Gentleman is made a Justice of Peace it is out of respect to him and for the good of the Country because he is supposed to be honest and able and without dispute no Man ought to be put out but either that he is unfaithful unwilling to do his part or else he does not understand it And it 's a great injustice to any Gentleman to put him out without hearing him for to judge a Man unheard is not allowed by the Law And what is it but to judge a Mans Reputation a thing most dear to every honest Man For in any Age but this it would be a great reflection upon a Gentleman to be turn'd out of the Commission of the Peace But God be thank't the Nation sees very plainly who and what sort of Persons rule the Rost By all the inquiry I can make I do not find that any Man is put out but such as were very active against the Papists such as are against Arbitrary Power and such as approved of the Bill against the Duke I wish they would give the reason why one Gentleman was put out in my County for besides my self there are but two put out the one was newly put in and had not acted the other is an Ancient Justice of Peace and a Man that cannot be reprehended in relation to the discharge of his trust without reflection or diminution to any Man I think he knows the work of a Justice of Peace as well as any Man in England I except no Man And for his Integrity he may set all Men at defiance to accuse him of the least partiality in the discharge of his trust And I do know that no Man made it more his business than he did that he might ease and serve the Country For as his Ability was not Inferiour to that of any other Man so did he most duly put the Laws in execution especially those against the Papists And therefore Sir on the behalf of my Country I must complain and demand to know the reason why he was put out we are greatly hurt we are deprived of a great assistance and relief and we cannot be quiet till we are satisfied in that particular And my Lord Chancellor or the Privy Council whichsoever of them it is that put him out will they not tell us why Are they asham'd to own the cause What will it not bear water I hate this as I do Arbitrary Power and Popery Brave World that we must be debarrâ—d of the benefit of our Laws for if they are not executed they signifie nothing It is that which gives Life to our Laws And they that do execute them are put out of Office this is a fair step to Arbitrary Power to deprive us of the benefit of the Law It is the same thing not to have Laws as to have Laws and not executed I say no more least I may seem to speak in my own case for I do not desire to have any thing done as to my own particular but as to the Gentleman whose Character I have given you and his Name I will acquaint you with it is Sir Thomas Manwaring you must give me leave to be importunate and press it again and again that he may be again put into the Commission of the Peace A SPEECH For Banishing the PAPISTS I Would be as backward to commit oppression as I will be to do any thing that God has forbidden me For in all our Actions betwixt Man and Man both Publick and Private if we observe that Golden Rule to do as we would be done by we cannot err And if my Conscience should tell me that I transgress'd that Law when I give my Vote to banish the Papists I'll assure you I would not violate either that Rule or my Conscience I would now be silent and give my Vote the other way But that Rule does not so strictly tye us up as that we must forget our selves our Posterity our Laws or our Religion it does not oblige any Man to hurt himself to save another neither does it require that a whole Kingdom shall be lost to save particular Men For Charity begins at home but when the Papists are considered in their Principles and Practices then let any Man deny if he can that the Papists themselves are not the cause of whatever happens to them I will mention but one or two of their Principles because I doubt not but every Gentleman here is very well informed of them The first that I will speak to is this That Faith is not to be kept with Hereticks And this Liberty extends to every thing both as to Religion and Worldly Affairs It 's the same thing to them whether they speak Truth or no when they have to do with a Heretick as they esteem every Man that is not of their Faith so that you cannot tell when to believe them nay though they swear it for to Equivocate is a great part of their Religion The next is this That it is
about it Having said this I will in the first place tell you something of the Law in this case and next give you some account of the practice of our Judges and other Officers of Justice and then let any Man say if he can whether the Nation at this day has not great cause to complain Currat Lex Fiat Justitia is the Life and end of our Government and when the Law has not its Course and Justice is not done then there is a dissolution of it And he that will peruse my Lord Cooks Exposition upon Magna Charta shall find that it is a Fundamental and Ancient Right of the Subject that Justice is not to be delayed or denyed In the second part of my Lord Cooks Institutes the 11th chap. on Magna Charta he tells us lest any Party that hath right should be without remedy or that there should be a failure of Justice therefore Statutes are always so to be expounded that there should be no failure of Justice but rather than that should fall out that Case by construction should be excepted out of the Statute In the 29th Chap on Magna Charta Nulli negabimus aut differemus Justitiam vel ratum and that by no means Common Right or Common Law should be disturbed or delayed no though it be commanded under the Great Seal or by any Command whatsoever either from the Ring or any other and this is backt or seconded by a Statute made the Second of Edw. III. chap. 8. which says thus That it shall not be commanded by the Great Seal nor the Little Seal to disturb or delay Common Right And though such Commandments do come the Justices shall not therefore leave to do Right in any point In his 2d Chap. on the Statute of Gloucester he calls Delay the great Enemy to Justice In his 24th Chap. on Westminster 2d Ne querentes recederent a curia sine remedio And that is supported by a Statute made the 13th of Edw. I. Chap. 50. where it tells us that no Man shall depart from the Kings Court without remedy In the 25th Chap. on Westm 2d Dominus Rex Voluntatem habens ut celeris fiat Justitia And the reason hereof is given for Expedit Reipublicae ut sit finis litium And by a Statute made the 9th of Hen. III. ch 29. It is enacted that Justice shall not be denyed or deferred Therefore having said this I think I need say no more to prove that Justice or Right is not to be sold deny'd or delayed And let any Man deny if he can whether our Judges have not transgress'd in all these Has not Justice been Sold and perverted Witness the Acquittal of Sir George Wakeman Sir Tho. Gascoines and Mrs. Cellier Has not Justice been denyed Witness the abrupt dismissing of the Grand Jury when an Indictment was to have been given in to have proved the D. of Y a Papist and to prevent that great service to the Nation the Jury was dismissed notwithstanding they had several other Bills of Indictment in their hands by which Justice was not only delay'd but deny'd And how many Instances more are there of this kind Nay the Contagion has spread so far that it is more difficult to find a Case without these or some of them than to produce multitudes of Cases where Justice has been Sold Deny'd or Delay'd So that our Judges have been very Corrupt and Lordly taking Bribes and threatning Juries and Evidence Perverting the Law to the highest degree turning the Law upside down that Arbitrary Power may come in upon their Shoulders The cry of their unjust dealings is great for every Man has felt their hand and therefore I hope their punishment will be such as their Crimes deserve that every Man may receive satisfaction It 's so long since K. Alfreds time that possibly what was then done is out of their thoughts for my Lord Coke in the third part of his Institutes chap. 101 makes mention of a great many Judges who were hanged in one year for false Judgment in K. Alfreds time and if we look into the punishment of a corrupt Judge which is recited by him in the 224 page it might be sufficient to deter any Judge who has either any Christianity or Morality from offending in the discharge of his trust but it may be some wonder that they have forgotten what happen'd in the 24th of Edw. III. concerning William Thorp Chief Justice what a severe punishment he underwent for Bribery all which may be seen at large in page 223 3d Part. And also so that of Tresilian and Belknarp with others their Fellows who were all Attainted by Act of Parliament 2d of Richard II. which was afterward confirmed by the 1st of Hen. IV. A Man would think that these cannot be forgotten but as the case stands their Memories are to be refresht by condign punishment and they very well deserve it for my Lord Coke in the fourth part of his Institutes says chap. 13. That when particular Courts fail of Justice the General Courts shall give remedy Ne curiae Regis deficerent in Justitia exhibenda So that what a condition are we in when those Judges that are to relieve against the injustice or delay of Inferiour Courts do turn Merchants of the Law and will not do right for when they are corrupt how shall we escape but all Inferiour Courts will follow their Example therefore in my opinion this Matter ought to be searcht into and if there prove such faults as are complained of we can do no Iess but punish the Offenders and prevent the like for the future least we otherwise seem to countenance their actions for if we do not punish them we approve of them From which Good Lord deliver us And now I am speaking of Judges and their misbehaviour give me leave to acquaint you with the grievance of the County for which I serve in relation to our Judge or Chief Justice The County for which I serve is Cheshire which is a County Palatine and we have two Judges peculiarly assign'd us by His Majesty Our Puisne Judge I have nothing to say against him for he is a very honest Man for ought I know But I cannot be silent as to our Chief Judge and I will name him because what I have to say will appear more probable His Name is Sir George Jefferies who I must say behaved himself more like a Jack-Pudding than with that gravity that beseems a Judge He was mighty Witty upon the Prisoners at the Bar he was very full of his Joaks upon People that came to give Evidence not suffering them to declare what they had to say in their own way and method but would interrupt them because they behaved themselves with more gravity than he and in truth the People were strangely perplexed when they were to give in their Evidence but I do not insist upon this nor upon the late Hours he kept up and down our City
soever a Parliament is corrupted whether it be by Places Pensions or any other thing that makes the Members thereof to become men of dependance The next Article against K. J. is that he Seized upon the Charters of Corporations thereby bringing their Priviledges to be disposed on at his will and pleasure This was very Notable Injustice yet the making havock of Charters was begun and carried on very far by C. II. to which the Loyalty that then prevail'd contributed very much for who ever was not for surrendering of Charters and giving up their Liberties was mark'd out as Anti-Monarchical and a Commonwealths-Man and this fantastical Loyalty had intoxicated so very many that very few Corporations stood out those that disputed the point were taught the Law of Quo Warrento So that when K. C. died he left his brother little more to do than to give the finishing stroke to that he had brought to so great Perfection by which we see how dangerous it is to make any other thing than the Law the Measure of our Loyalty for altho at first no ill consequence may be apprehended of what is done yet it is not long e're Men find their mistake by the mischief which falls upon their own Pates and with this aggravation that they don't see their error till it is out of their power to remedy it The Declaration next observes how that Ireland was put into the hands of Papists which made many to leave the Country well remembring what fell out in the year 41. This was very true and it is as true that it put every Man in England who valued his Religion and Property under very great fears and apprehensions that the storm would blow over into England Because he that would set up Aarbitrary-Power in England must first try his hand upon Ireland it having been observ'd that whatever Arbitrary thing has been done in England that it has first been practised in Ireland So that when ever things go irregularly in Ireland England cannot think it self safe till affairs are put into a better posture there The Declaration further takes notice that K. J. had declared in Scotland that all his Subjects are bound to obey him without reserve This is the highest of absolute Power and it was plain he intended to do no less in England For there is nothing more certain in humane Affairs Than that when a K. mis-imploys his power in one Kingdom it is not for want of inclination but of means and opportunity that he does not do so in all other places under his Dominionâ— As for Example if a King keep one of his Kingdoms without Parliaments he would do so in another if by some necessity he were not compell'd to do otherwise for C. II. kept Ireland without Parliaments and it was out of regard to his particular Affairs that he called a Parliament in England for you may remember how quickly he sent the Parliament packing that called him in because it was more intent upon setling the Nation than to give him unnecessary supplies and those which he afterwards called were kept no longer than he could squeeze Money out of them The Declaration goes on to remind us how K. J. indeavourâ—d to discourage and take away from the Subject the right of Petitioning The priviledge of Petitioning is an ancient and necessary right and so great a right as it has always been supposed that upon such applications the K. was bound either to redress that whereof they complain'd or to let them see that their complaint was without cause But to take away this right from the people is to deprive them of the means of making known their grievances in the most humble and dutiful way that can be and puts them under a necessity of doing it with their Swords in their hands for there is but one of these two ways of letting the K. know their grievances there is nothing more fit than that Subjects tho' never so much opprest do first make known their sufferings in the humblest and most respectful manner that may be and not have recourse to more compulsive methods till no good is to be done the other way That Prince who is unwilling to hear the complaints of his People plainly intimates that he intends to govern them by the rod of his power and not by the equal and gentle methods of the Law and there seems to be no less a fearful expectation when the addresses of both or either House of Parliament don't meet with success but prove abortive for considering that the Nation does then Petition the K. in its highest Capacity it may reasonably be expected that those applications should be answered with effect unless the K. be wiser than all the World and such a Man was never yet found or else what the Parliament complains of is false or frivilous which is not easily to be suppos'd Then the Declaration reminds as of K. James's design to pack a Parliament that by the Peoples consent those things might be made a Law which he had done contrary to the right of the People and the Law of the Land which was to stab the Nation to the Heart For a Parliament is the Soveraign and only remedy for publick Distempers and if rightly apply'd works an infallible Cure but if it be corrupted makes the Malady how slight or inconsiderable soever to become Incurable He that desires to corrupt a Parliament leaves very little room to believe that the good of his people is the end of his Government for when a Prince looks upon it to be his Intrest to influence and byass the Parliament he cannot be thought to have some Interest with his People There are two ways to corrupt a Parliament The first is to influence the Elections so as to have Men chosen that will serve a particular purpose and design and 2dly if that fail to corrupt the Members by Places Pensions or good round sums of Money which is called Secret Service whereby the Nation becomes felo de se The last article against K. J. is that of imposing upon us a Prince of Wales This indeed if it were so is as great a Forgery and Cheat as ever was heard of but because those whom it more nearly concerns have not yet thought fit to inquire further into it I suppose it will not be expected that I should give any opinion of it at this time This is the substance of the charge brought by the P. Orange against K. J. I think I have not omitted any thing that is material but these are not all the irregularites that K. J. was guilty of yet are they sufficient to shew that his administration was inconsistent with the Rights and Liberties of English-Men and who is he that can imagin that there was any other means but force whereby we could recover our Rights they that think it could have been effected by gentler applications may as well pretend to bind the Leviathan with Cords Those that have
be a God of Order and therefore since all Government in general does Originally proceed from God that Administration is rather an Vsurpation than Government that commands or permits the Disturbance of the Subjects in the Enjoyment or Possession of their Rights and Properties And therefore it will follow That it is more for Gods glory that every man do sit safe and quiet under his Vine and Fig-Tree than to be oppressed Oppression intimates a wrong or Injustice and God will not Authorize that which he has declared to be unjust for just and righteous are all his ways Oppression will make a wise man mad which shews that Subjects have a right in their Properties as well as Kings have to their Crowns If there were not some such Right there could be no Oppression or Injustice for Oppression or Injustice iâ— when that which is anothers Right is detained or taken from him against his consent If Naboth had not had a Right in his Vineyard Ahab need not to have Capitulated with him to have it for a Garden of Herbs neither would God have visited Ahabs Family for the Blood of Naboth And I never knew any man to maintain the Doctrine That all our Rights and Properties were in the Crown but he hoped thereby to encrease his Estate And few ever pretended to be of that Opinion that were not broken in their Fortunes or aimed at their Neighbours If therefore Peace and Order is the end of Government and that it is more for Gods glory that every man sit safe under his Vine and Fig-Tree then it will follow That a King may forfeit his Crown by â—eason of Male Administration for otherwise it will follow that God made the World for the Pomp and Grandure of Kings and not for his own Glory that there is no such thing as Property no such thing as Right or Injustice that there are no Laws but his Will and Pleasure nor any thing to guide him but his own Fancy The CASE QUERY Whether a Conspiracy to Levy War is an Overt Act of Conspiring or Imagining the Death of the King IT has been declared in the Affirmative by some modern Precedents But whethen those Judgements did Proceed from Ignorance of the Laws or to serve a Turn will be enquired into when the time comes that the plain English may be spoke that is necessary to open and discover the truth of the Case There are several things which may give occasion to make it be so generally received in the Affirmative but it has chiefly proceeded from making Distinctions where the Law has not distinguished which is altogether forbid if Rules in Law are of any Authority or signify any thing for non est distinguendum ubi Lex non distinguit And therefore this Opinion will easily be refuted by considering these things which follow First Whether any Court the Parliament excepted can Try a man upon an Indictment for High Treason that is grounded upon Common Law Secondly To what end and intent the Statute 25. Ed 3 Chap. 2. was enacted Thirdly Whether Couspiring the Death of the King and Levying of War are distinct Species of Treason Fourthly Whether every Law is not to be construed most strictly to restrain the mischief against which it was enacted Fifthly What is the true meaning and signification of being provably attainted by Overt Deed As to the first it seems to be out of doubt that at this day there is no such thing as an Indictment at Common Law for High Treason tho for other things there is because there is no Precedent of it since the Statute 25. Edw. 3. for every Prisoner that is Arraigned for Treason does commonly demand of the Court upon what Statute he is Indicted and it is always answered upon such a Statute and the particular Statute is named Besides every Impeachment before the Lords in Parliament is grounded upon some Statute and if so a Fortiori no inferiour Court can try the Prisoner upon an Indictment for High Treason grounded upon Common Law For the Law which delights in Certainty especially in Case of Life will not allow of an Indictment at Common Law because no Issue can be joyned upon it by reason of the uncertainty As to the Second To what end and intent the Statute 25 Edw. 3. was made Edw. 3. was a great Prince and Victorious Captain which gained him a very great Renown but that which made his Name the greater and his Fame the more lasting was those good and beneficial Laws which were enacted in his time by which he restored and beautifyed this Government which had been defaced and almost destroyed by the illegal Proceedings during his Fathers irregular Reign and of all the Oppressions under which the Nation groaned at that time there was none that lay heavier upon them than that extravagant License which the Judges took to Interpret and call any thing Treason and this appears by the particular Joy which the whole Land expressed at the making of the aforesaid Statute For tho' he call'd Parliaments very frequently and none of them prov'd abortive for every one of them produced good Laws yet that Parliament which was held in his 25th Year did more than all the rest and of all the Beneficial Laws which were then enacted the Second Statute whereby Treason was reduced to a certainty gave the People greatest cause to lift up their Hearts and Voice in Thankfulness to God and the King because the Jaws of that devouring Beast were broken which had torn in pieces so many Families and threatned destruction to the rest So that this Statute was made to restrain all Treasons that may be made by inference or implication and to limit the Judges so strictly that they may not call any thing Treason but what is literally such within in the Statute for it is there provided That if any such like Treasons shall come before any of the Justices that they must slay without going to Judgement till the Cause be declared before the King and his Parliament And all subsequent Statutes of Treasm are as so many Confirmations of this Law for they had been needless 〈◊〉 the judges could have called any thing Treason but what is literally within that Statute and that Statute had been made to no purpose if it had not so strictly restrained the Judges And my Lord Chancellor Notingham was of Opinion That even the Lords in Parliament could not proceed upon an Indictment of High Treason unless the Fact alledged in it were first declared by some Statute to be Treason As to the third thing It never was not ever will be denyed that Compassing the Death of the King and Levying of War are two distinct Species of Treason unless all Treasons are of the same kind but if there are several sorts of Treasons then it will follow that these are also distinct Because in every Statute of Treason which mentions Conspiring the Death of the King and Levying of War they are named
into Order and frâ— maintaining the Laws and supporting the Government Arbitary Doctrine never did any King good but has ruined many it shook King Charles the seconds Throne and tumbled down his next Successour and tho' such Kings are left without excuse when ruined yet I may say they only are not in fault for their Overthrow is in a great part occasioned by those who Preach up and advise the King to Arbitrary Power Did not other People cocker up and cherish Arbitrary Notions in the Peoples mind tho' such conceptions might sometimes get into his head yet they would never Fructify and come to Perfection if they were not Cultivated by Parasites who make their Court that way in hopes to make themselves great tho' with the hazard of their Masters Crown As it befell K. James whose Male-Administration rendred him unmeet to sway the Scepter and I am very well satisfyed that his Judgment was just for unless a People are decreed to be miserable which God Almighty will never do except thereto provoked by their Sins certainly he will never so tye up their hands that they shall not be allow'd to use them when they have no other way to help themselves Several Artifices were made use of in the two late Reigns for the introducing Arbitrary Power One of which was to insinuate into the minds of the People That the Succession of the Crown was the chief Pillar of the Government and that the breaking into it upon any pretence whatsoever was no less than a Dissolution of the whole Constitution and nothing but Disorder and Confusion would ensue This Doctrine prevailed with many and obtained no less than if the Crown had been settled in that Family by an Ordinance or Decree dropt from Heaven and that every one of that Line or Race had been distinguisht from the rest of mankind by more than ordinary Virtues and Indowments of Mind and Body But we know not of any such Divine Revelation and happy had it been if that Family had been so signal for its Justice and Piety we might then have prayed that there might not want one of them to sit upon the Throne to all Ages How much this Nation is obliged to that Family we very well Remember for the Wounds they gave us are not yet healed Election was certainly the Original of Succession for as the Living more safely and with the freer enjoyment of their Goods was the Original Cause that people Associated themselves into a Nation or Kingdom so for the better attaining that End did they set over themselves the best and Wisest of their Brethren to be their Rulers and Governours and this Administration was trusted in one or more hands according to the temper and Disposition of the People in which Authority they continued either for their Lives or for one Year or some other stated Period of time Where the Government was under a King he usually held it for Life and then upon his decease the People proceeded to a new Election till at last it fell into the hand of some very excellent Person who having more than Ordinarily deserved of his Country they as well in Gratitude to him as believing they could not expect a better Choice than in the Branches that would grow out of so excellent a Stock entailed that Dignity upon him and his Posterity This seems to be the most natural and Lawful rise of Succession I don't deny but some Successions have arisen from force but that was never lasting for that could not subsist or seem lawful longer than there was a force to support it Now those that come to the Crown by the first way of Succession I mean by the consent and approbations of the People does it not plainly imply that they ought to use that power for the good and advantage of their Subjects and not to their hurt and enjoy their Crown only upon that condition no man would ever suffer a Monster to inherit his Estate and Kings are no more exempted from the Accidents of Nature than their meanest Subjects and it is every days practice in private Families to exclude those that will waste their Estate and ruine the Family and if the Reason will there hold good then it is so much stronger in the descent of the Crown by how much the good of a whole Kingdom is to be preferred to that of one private Family Succession is not so very ancient in England as some People may apprehend till the time of William Primus commonly called the Conqueror it was lookt upon as a very precarious Title The next in Succession could reckon very little upon the Crown further than his good Inclinations and Sufficiency to Sway the Scepter did recommend him it being then very common not only to break into the Succession but even to set aside all that Family and Line when ever it was found that the Publick might suffer by their being at the head of the Government the Publick Good being the only Rule and Consideration that Govern'd that point William Primus upon his Death-bed declared that he did not possess the Crown by an Hereditary Right Heary Primus in his Charter acknowleged to hold his Crown by the Mercy of God and the Common Council K. Stephen Henry 2d Rich. Primus and King John all came in by Election so that till Henry 3d. there is scarcely to be found any Precedent of Succession since his time the Succession has been broke into several times and the Crown shifted from one Family to another by Act of Parliament and being so transferred by that Authority is the greatest Proof that can be that Succession is a very feeble Title without something else to support it and I think I may say Defective For says one of great Authority Never did any take pains to obtain an Act of Parliament to settle his Inheritance on his Heirs except he were an Alien or Illegitimate and therefore considering That by vertue of an Intail of the Crown by Act of Parliament in Henry the Sevenths time it is that the four last Kings have swayed this Scepter I could never understand that Divine Right that was by some stampt upon their Title to the Crown or that the Succession was preferrable to the Publick Good I have endeavoured to explain this point the more by reason that some object against the sufficiency of This Kings Title to the Crown because the Succession was broke through to let him into the Throne as if nothing could give a King a good Title to the Crown but Succession For my part I never saw any reason to be of that Opinion and if there be nothing but the Interruption of the Succession to object to this Kings Right if he continue to govern according to the Principle upon which the Crown was given him and according to the laudable Customs of the Realm I think that every man that wishes well to the Interest of his Country ought to bless God for this Revolution
ordained That all they which make Suggestions shall be sent with the same Suggestions before the Chancellor Treasurer and his Grand Councel and that they there find Surety to prove 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 great Charter and other Statutes 38 Ed. III. 9. As to the Article made at the last Parliament of those that make grievous Complaints to the King himself it is assented That if he that maketh the Complaint cannot prove his Intent against the Defendant by process limited in the same Article he shall be commanded to Prison there to abide till he hath made good to the Party of his Damages and of the Slander that he hath suffer'd by such occasion and after shall make Fine and Ransome to the King And the point contained in the same Article That the Plaintiff 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 42 Ed. III. 3. At the Request of the Commons by their Petitions put forth in this Parliament to eschew the Mischiefs 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 sometimes caused to come before the King's 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 Presentments 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 Error To the same purpose are the Statutes of 17 Rich. II. 6. 15 Hen. VI. 4. which you may peruse at your leisure and because I will not trouble you too long I will say no more of them but leave every man to make his own Observations upon the whole matter and so I 'll proceed to the Particulars of your Charge But Gentlemen if we invite our Friends to Dinner and the Gates and Doors are left open for all persons that please to come in and partake of what the Cellar and Kitchin will afford and no Violence or Rudeness is offer'd to any person this is not a Riot within the meaning of the Law and if any such thing shall be offer'd to your consideration I hope you will not take it to be your Duty to present it Gentlemen one thing more I will mention and then I will dismiss you There is a new Opinion which obtains very much which is this That a Grand Jury is oblig'd to find every Indictment without considering the Credibility of Persons that swear to it and the probability of what they swear I must confess I do not understand the reasonableness of this Doctrine for by this Rule a man has more play for any thing else than his Life First As to his Estate he has Relief three several ways first at Common Law secondly in Chancery and thirdly in Parliament As to his Reputation though he may be injured by a false Verdict yet by an Arrest of Judgment he may have another Hearing or else in process of time he may come to redeem his Credit some other way but when an Indictment is preferred against a Man for his Life and the Grand Jury are oblig'd to Find the Bill if it be Sworn to then that man has but one play for his Life and if the Petty Jury give a false Verdict there 's an end of him for there is no redemption from the Grave But besides if you are obliged of course to Find every Bill if it be sworn to and may not consider and deliberate upon the Evidence before you not only a great many will be put to causeless Trouble and unnecessary Charge but it will be an undervaluing of your Service and a lessening of the Trust that your Country reposes in you It is a new Doctrine and therefore it is not convenient to be too forward to put it into practise till time shall prove that it is agreeeble to the Fundamentals of the Government And now Gentlemen I will detain you no longer but do pray GOD to direct you in your Business Monarchy the Best Government AND THE ENGLISH Beyond all others WITH SOME RULES For the Choice of Members to Serve in Parliament Gentlemen of the Grand Jury IT is very probable that this is not the first time that all or many of you have been upon the Grand Jury and therefore I have great reason to believe that all or most of you are acquainted with what your Country expects from you this day and for that cause I shall contract my Discourse into as narrow a compass as the present occasion will permit but before I tell you the Particulars of your Charge I think it may not be impertinent considering the present juncture to give you a short account of the Government of England as it stands at this day Gentlemen Peace and Justice is the End of every Government under the Sun and this is then only to be hoped for when the King or Governour duly executes and administers the Laws and Justice and the People are disposed to obey and be governed by them therefore it does naturally follow that in every Government there is a Supreme Power to which all are to submit whilst that Power contains it self within the Laws for without this there can be no Order or Peace if every man will be his own Master and Judge in his own Case and not own a Superiour our condition would quickly be worser than that of the Brute Beasts for amongst them there seems to be a kind of Government Now that sort of Government appears to be most proper and agreeable to Mankind where the power and administration of the Laws and Justice is vested or setled in one single person And this is fully cleared by the course of Experience ever since the World began although some People are not so happy as to enjoy this Blessing But Gentlemen that Government which is under a single person I mean a King is more or less happy for the People according as it depends more upon the King's Will and so consequently less upon the Laws or else more upon the Laws and less upon the Pleasure of the King And this is the difference betwixt us and our neighbouring Nations our Government depends upon the Laws but theirs chiefly or for the most part upon the Will and Pleasure of their Kings and though no Government under the Sun be perfect in every point yet I think I may safely
and such as keep Dogs Guns Nets and the like for the unlawful taking of Wild-fowl and Hares And of this there is great cause of Complaint both against the Constable and others that presume to keep these things against an express Statute made the 22d and 23d Car. 2. whereby it is provided That none that have not 100 l. per annum Land of Inheritance or 150 l. for Life shall not keep a Gun c. But People do so generally offend against this Law and Constables are so very negligent in not restraining others that one would think there was no such Law If he do not cause Watch by Night and Ward by Day to be kept within his Office from Ascension day to Michaelmas-day Here also is great cause of Complaint against Constables for in many places this is wholly neglected or where it is done it is performed so indifferently that it 's little better than if it had been left undone The Neglect in this is the Occasion of most of the Villanies that are committed in the Night it is the want of this that gives Encouragement to Rogues to do that which else they would scarcely dare to think on It 's Security that promotes Wickednesses of that sort and a Fear of being apprehended makes them desist from putting in execution what they had designed Then Gentlemen Coroner Clerk of the Market of the Peace Searchers and Sealers of Leather Toll-gatherers Overseers of the Poor and of the Highway all these are representable by you for their Neglects in their several Offices If Artificers Labourers or Servants conspire what Wages to take and not to work under those Rates If Artificers or Labourers undertake Work and depart before it be finished If Labourers or Servants take any more Wages than the Rates allowed by the Justices If any Servant assault Master or Mistriss If any refuse to labour in Hay-time or Harvest these also are presentable by you So are Tanners Curriers Shoomakers Butchers Clothmakers Coopers if they fail to do according to the Law And now Gentlemen I am to inform you of Offences against the PLENTY of the Nation such as these If any do buy any sort of Victuals as it is coming to a Market or Fair this is Forestalling If any buy Victuals in a Market and sell it again within four miles this is Regrating If any buy any dead Victuals or Corn growing upon the Ground with intent to sell it again this is Engrossing If any Victuallers conspire to sell their Victuals at unreasonable Prices If any destroy Wild-fowls Eggs or take Wild-fowl between the last of May and the last of August If any not qualified by Law keep Dogs c. for destroying of Hares Pheasants c. But this Law is to be understood and executed with the same moderation as all other Statutes are for it was never the intention of our Law-makers that the Law should be expounded otherwise than according to Equity and Justice and therefore many Laws are made rather in terrorem than that they should be executed strictly in the words of it for there is scarcely any Law but if executed rigidly according to the Letter of the Statute but would rather be Grievous than a Benefit to the Subject for it is a Maxim in the Law That Summum jus est summa Injuria And therefore put the case that a Man has a Gun or Greyhound if it can't be proved that he has destroyed Game it will be very hard to bring him within this Law If a Man who lives remote from Neighbors keeps a Gun for a defence of his House surely it will be severe to judge him an Offender against Law for every Man's House is his Castle and the Law will allow us Means whereby we may defend our Selves and Goods against any Violence that shall be offered If any sell Pheasants Partridge or Hares The last Matters that I shall mention to you are Common Nusances If any erect a Cottage and do not lay four Acres of Ground to it to be occupied with it If any continue such unlawful Cottage If any keep an Inmate in a Cottage If any Common Bridge be out of repair If common Highways be out of repair or if any Ditches be unscoured or undrest which should convey the Water from standing in the Highways If the Parishioners have not met at the day appointed to mend the Highways as the Law directs If any common Vagabonds and Beggars or Wandring Rogues do pass or be suffer'd to pass from place to place If any prophane the Lord's Day by travelling that day or by using Sports and Vnlawful Exercises that day If any prophanely swear or curse These and the like are by you to be presented Gentlemen I have now gone through the several Heads of your Charge many Particulars I have omitted because I endeavoured to be as short as I could those that I have given you I thought to be the most material and proper at this time wherein I have been deficient I question not but your Experience will be able to inform you And Gentlemen you must understand thus much in general That it is required from you not only to present those Offenders that shall come to you by other Hands that is by Indictment or Presentment But if upon your own Knowledge any have offended in these or the like Cases you are to Present them upon your own Knowledge Gentlemen There is now an Opportunity put into your Hands to do a great deal of Good or Hurt If you shall duly present all such Offences as shall come to your Knowledge you then merit the Good Opinion and Love of your Country but if you shall conceal any then you do a great Disservice to your Country and make your self a Party in the Crime by concealing it In my Discourse I have in some Cases given you my Opinion and I have done it really and truly from my Heart out of my sincere Loyalty to my King and Love to my Country and if I am mistaken I hope you will rather pardon than blame me for I have no intention to deceive you I wish we were all of one Mind but it is our Misery that it is otherwise I know some parts of my Discourse will not relish with every body but I cannot help it This is a time that every Man's Principles ought to be known I am not ashamed of mine and therefore have been the more free with you I 'll trouble you no further but pray God Almighty direct you in your Work A POEM On the Death of My Lady Warrington HOW vain is every thing that lives by breath That 's only born to be destroy'd by Death And all the while it doth its Breath retain Is sure of nothing but of Toyl and Pain And only toyls that it may toyl again And of all things that thus so wretched are It is Man's Lot to have the worser Share He that was made the Lord o'er all the rest Is doom'd