in plain English most deliberate wilful and wicked Murders being committed under Colour and Pretence of Law of most of which Judgment hath been reversed by Authority of Parliament and that I think it differs not much in the fight of God whether a Man have his Hand or his Tongue dip'd therein And I doubt not but the great and good Sir Matthew Hale would have been of the same Opinion which this Gentleman who gives him those deserved Characters will find some Reason to believe if he please to peruse but The Account of the Good Steward concerning the Gift of Elocution But to the business The Votes of 23 Jan. have enumerated thirteen Heads of Crimes for every one of which some Persons may be excepted out of the Bill of Indemnity Against all Punishments of these our Lawyer takes Exception as Punishments never declared or promulged and which by the Standing Laws and Common Justice of the Realm could not be inflicted That is to say They are neither Treason Felony nor Misdemeanours For for all those there are Punishments declared and to be inflicted by the Standing Laws and Common Justice of the Realm I must add Nor Crimes punishable by any Statute And this is the least that these Words can imply So that we must suppose that they are nothing like any of those we meet with in the Impeachments Indictment Articles c. against those Flatterers and Evil Counsellors and Instruments of Princes which my Lord Coke mentions in his Chapter of Flattery or any others to be found in our Records Books of Entries Reports or Statutes not so much as those concerning the High-Commission Court 17 Car. I. But the contrary of all this is so well known to all who have looked into the Records and Books aforesaid that it is as needless as improper for this Paper to offer to recite them But in stead of that I will shew him that which is more that is That the Parliament may declare those things to be Treason the punishment whereof is sufficiently known which never were nor can now by the Ordinary Judges though in the late Reigns they are believ'd to have exceeded their Bounds be judged such and that by the express Words of the Statute 25 E. 3. And because that many other like Cases of Treason may happen in time to come which a man cannot think or declare at this present time it is accorded That if any other Case supposed Treason which is not above specified doth happen before any Justices the Justices shall tarry without any going to Judgment of the Treason till the Cause be shewed and declared before the King and his Parliament whether it ought to be adjudged Treason or other Felony Besides for such Crimes as are of their own Nature great Crimes and not meerly by some positive Law of the State there is neither Law nor Reason why the Legislative Authority in any State should not order and inflict such Punishments as they deserve And among those may doubtless be reckoned all such as have a direct tendency to the Subversion of the Laws and Government of any Stateâ— But Treason against the Kingdom as well as against the King may be found in our Books of Law and History And now I know not what most to admire in this Gentleman his profound Skill in the Law the Modesty of his Assertions or his Honesty and Conscience I cannot but think him a very proper Person to have been one of the Servants of former Crowns one of the last Kings Ministers Officers or Instruments of Justice He was certainly well qualify'd for lit and his Zeal for their Vindication discovers that he had some concern of his own in it And so confident a Gentleman and so qualify'd one would think should get in somewhere now at least into the Parliament and no doubt but set up by the Faction and a great stickler there one of those who are recommended by our Vindicators not only for Pardon and Indemnity but for Favour and Employment to our present King And no doubt but he will be well served by them as well as he was the last Year I cannot let this pass without some further Reflection It is not at all besides the Design of my Writing and no great Digression from that particular matter I am now upon Our other Vindicator tells us that His Majesty came a Stranger to England and but darkly informed of the true Arcana of the last two Reigns and of the Practices and Principles of particular Men it being so much their interest to vail them from his View Whence it is to be suppos'd that at his coming to the Government the Representation made him of Persons and Things could not but receive a Tincture of the many different Principles and Interests of those who made them Considering which it 's no wonder that in such a Maze of Business and Mist of various Representations his Majesty's Bounty might happen to to be misplac'd in some one or other page 29. I know not any thing more truly and reasonably said by that Writer It was indeed a great Disadvantage his Majesty was under being unacquainted with the Principles and Interests of Persons And as that was just Cause both of Caution in the Choice and of Excuse of him from any ill Choice upon the recommendation of others so doth it aggravate the Fault of such recommendations and recommend the Service of such as detect them I shall therefore for the more comple at Detection of some ill Men to what I have before observed add this for Confirmation 1. That the Persons concerned in these Vindications are Men of dangerour Principles in respect of the present Government For if these Crimes be not punishable by Law then are all they who invited the Prince of Orange to come in with an Army and all that associated with him Traytors and he himself an Invader and Usurper 2. They are Men of Arbitrary Principles and so dangerous to the Nation and the true ancient Constitution of this Government For if these Crimes be not punishable by Law our English Monarchy is gone and we are already fallen into a French or Turkish Tyranny 3. They are dangerous Persons to be employed or trusted in respect of their Genius Men of smooth voluble Tongues and of Confidence to impose any thing Of which I could add divers Instances to those I have noted before But I will add only this because it may serve also for another purpose He tells us If the thirteen Heads c. had been reduced into a Law one third at least of the Nation had been involved who with their disoblig'd Relations and Dependents is not so contemptible a Flock c. Now if every one of this third part had but one Relative or Dependent they would make two thirds if two they would make the compleat number of the Nation but if many of them have 10 20 100 as many certainly have they would far exceed the number of
the People of this Nation This I the rather mention because I doubt not but they do greatly impose upon some Persons with this Pretence of their Number which is false and would be much less than it is if they had not somewhere met with more Encouragement than they expected 4. They are of the very same kind and Genius with those Forty-One Mea I mentioned before who by their Flatteries to raise themselves imposed upon King Charles I. and so occasioned that Bloody War And again in the beginning of the Reign of King Charles II. to cover the Illegal Actions of themselves or their Friends imposed upon the whole Parliament being then in a Transport those Declarations and Clauses in some Acts which are the occasions of the Mistakes and Dissatisfaction of divers honest well-meaning Men now and of such Dissention an very much discompose and interrupt our compleat Settlement These being so dangerous Persons both to the King and Kingdom and having many though not so many as is pretended of their Party and Principles it cannot but be necessary that not only the King he cautious not to employ or entrust them in any great matters but that some good Provision be made also by Parliament to secure both against them And what less can that be than an Act of Recognition that the present King and Queen are rightful and lawful King and Queen and to disable all Persons from sitting in Parliament or to hold any Place or Office of Authority or Trust who do not believe the same and upon Oath declare such their Relief and Recognitions accordingly And now for Bunishments In all Punishments two things are to be considered The Proportion in respect of the Crime and the Consequence And as to the Crimes it may be fit to be considered in our Case Whether besides the Thirteen Heads of Crimes committed in the last Reigns expressed in the Votes there have not been some of like nature already committed in this for which some Persons may justly be excepted out of such Bill of Indemnity viz. Such as these 1. The publishing of such Libels as by denying the Justice of punishing the Crimes aforesaid de manifestly undermine the very Grounds of our present Settlement and the true Constitution of the English Government 2. The advising the present King to such things as being done by the former Kings contrary to Law seems to justifie their Illegal Actions prejudice his own Cause and tend to the disturbance of the Government again And it may be some others As to the Punishment Proportion and good Consequence are always to be regarded And therefore 1. When the Punishment is less in Proportion than the Crime and the Consequence of Necessity or great Importance for a future Security of other publick Good it is not Mercy but Injustice and Imprudence to forbear it and a greater kindness to Criminals than to the Innocent Such is the Excluding and disabling such Persons from Trusts and Employments is by former Violations and Misdemeanors have shewed themselves unfit to be further trusted This hath indeed something Penal in it but so little that it is nor properly a Punishment but a necessary provident Provision This is the Case of the late King of which more in the Apology for Mr. St. and of his Counsellors and Agents They who betray'd their Country and himself too by Evil Counsel or Compliance ought not presently to be admitted to Employments and Offices of Trust or to sit in Parliament Neither ought they to be returned for they are not in truth beni legates homines I speak not of all his Counsellors c. without distinction as the mercenary Writer falsly suggests but Evil Counsellors c. who betrayed him as well as their Country It will be a Blot and Mark of Ignominy upon this Generation to all Posterity to suffer those persons to sit as judges where those Crimes are to be considered whereof they themselves are notoriously guilty And upon this occasion I must say farther That it is a Dishonourable and an unreasonable thing to suffer persons who have rashly to say no more foul'd their Hands in Innocent Blood to fit in that Assembly to suffer their Counsels which should be Sacred to be profaned by such Company Dishonourable and unreasonable are too soft Words for that but I may very well use them concerning the permitting of Minors who are disable diary Law to dispose of their own Estates to sit there The Honour and Dignity of Parliaments ought to be preserved And therefore also they who did presume to Elect the same person to serve in this who was expelled the House the last Parliament for their Affront to the House ought to be corrected at least by turning out Their Member again and allowing them no new Writ For they deserve not to have a Representative in such an Assembly which they would presume so factiously to affront nor he to have a place there who had so little regard to the Honour of it and so little consideration of what did become those who chose him I write not this out of any Ill Will to any person but out of great Good Will for the Honour and Service of my King and Country In such as are obnoxious certainly Modesty to abstain and retire for some time would be the greatest Prudence But such as will impudently threst themselves in ought deservedly to be thrust out The Honour of a Government ought not to be prostituted for the sake of particular persons be their Quality what it will Nor are they Men of Vertue or Worth who would serve themselves at that rate The Kingdom wants not Men of unspotted and untainted Honesty and Fidelity to be employed But usually the worst are most forward Secondly When the Punishment bears a just proportion to the Crimes it ought generally speaking to be inflicted for the Maintenance of Justice and Restraint of Evil. But there may be special Reasons in respect of the Consequence either to inflict the Punishment or pardon the Offenders Amongst the Thirteen Heads of Crimes there are two at least which I take to be Treason and ought to be adjudged so by Parliament viz. The first concerning the Dispensing Power and the third concerning the Commission for Ecclesiastical Causes I know there is another Punishment of this last by the Statute of 17 Car. I. ch 11. But in this Case the manifest Intention and Design of the King and the Conspirators by those means to subvert the Government and the Laws make them both Treason These Crimes are of so high a Nature and the King himself having already suffer'd for the same Cause both Justice and Prudence require that all the Criminals by whose Unfaithfulness and Compliance the King was encouraged to those Evil Courses be brought to Tryal and have Sentence Not only Justice but Prudence doth require this to assort a just and honest Cause and to terrifie such as should dare to be concerned in such base and
up a Faction for their own Advantage Seventhly That if upon good Information you find that this is a mixt Government composed of the Three Simple Forms the Enquiring Part belonging more specially to the Commons the Judiciary to the Lords the Consultary and Legislative to the King Lords and Commons and the Executive to the King which I believe is the truth upon this Consideration you look upon the Whole as one great Body whereof your self is indeed the Head in Honour and Degree but in effect rather the Hand or if you will the Right Hand but however a Part And therefore that you always retain a great Respect for this Noble Body treating them with all Honour and Affection reputing their Honour and Interest your own as Yours is Theirs and will be so treated by them if a fair Correspondence be kept up between you which will make you not only beloved at home but dreaded abroad Eightly That you be very tender and cautious of invading their Rights or neglecting their Counsel in any matter of Importance but especially of holding up any Favourites against them and to that end that you be very jealous of that Generation and those particular Persons who have been the Authors or Propagators of False Notions concerning the Constitution of this Government or of Evil Counsels and Courses among your Predecessors and more especially those who have already by any Evil Counsels or Unfaithfulness in not well informing you betray'd your self into any Inconvenience Whereof if you please to command me I shall be ready to give you some plain Instances Ninthly That you endeavour wisely to compose the Dissentions and allay the Heats and Animosities of the Nation and to unite all in a mutual Assistance for the Common Interest Our Divisions and the Heats of our Dissentions are for the most part the Reliques of Popish Practices and Effects of Evil Policies of Courtiers These have both conspired for different ends to divide us both in Church and State and to impose upon the People so that it is the truest Wisdom and greatest Interest of this Nation to endeavour so much the more for an Union and to that end to detect their Impostures This Government is in truth a Noble Commonwealth in the Root and Body accommodated with the Advantage and adorned with the Honour and Majesty of a Monarchy in the Execution Crafty Men observing this have practis'd the Division in this manner First By putting the Kings upon illegal Projects till that produced Jealousies of Arbitrary Designs and then improving those to the raising of the like Jealousies in those unhappy Kings of Republican Conspiracies Thus were multitudes imposed upon Whereas the Subversion of the Commonwealth to support the Monarchy is no less Foily Madness and Treachery in an English Man than is the pulling down the Monarchy to support the Commonwealth Nor can any thing endanger our Monarchs but themselves by adhering to Evil Counsellors rejecting or declining the Advice of the Great Council of the Nation and violating their Rights Lastly That to this purpose you avoid all Favour and Encouragement to any Faction and make no other difference between Persons but what the Law hath made except only between the Virtuous and the Vitious and between such as may safely be trusted and such as may not for which end for Parliament-Men and persons admitted to great Offices of Trust and Bishops a Recognition by Act of Parliament may be necessary but by a constant tenor and course of your Actions demonstrate a cordial and universal Affection to All and a great Zeal and Activity for the Service of God and for the Peace Safety and Prosperity of the Nation By these Means you will be a compleat King and rule in the Hearts of the People These will produce in them such a Trust and Confidence in you as will make your Government exceeding easie and such a Government will make your Name Honourable in the Roll of our English Kings But if you once set up for a Separate Interest strike-in with and make your self the Head of any Faction give your self up to the Conduct of particular Favourites suffer the Publick Revenue and the Treasure of the Nation to be squandred away without any Account and the People to be injur'd by Exactions and Delays of Officers and tread in the steps of your Predecessors of the last Race you will ipso facto cease to do the part of a King violate the Trust reposed in you and your Coronation Oath and deceiving the Expectations of all Men after such a Succession of Kings raise such Prejudice against Monarchy it self as may indanger this Noble Government and the Settlement of the Nation and make your Name inglorious to all Posterity But these are things so inconsistent with the Reasons for which you was invited hither the Causes of your Expedition expressed in your own Declaration the Ends for which the Crown was first offered to you and after set upon your Head the Honour and Safety of your Government and which is more than all the Righteous Laws of God who as we hope raised you up to be an Instrument of Mercy not of Vengeance to This Nation as no Man who believes the Character we have received of your great Vertue can easily fear from you though the notorious Miscarriages of the late Reigns may have left some Impressions upon the Minds of some which yet I hope Experience of your Prudence and Justice will totally expunge And I pray God give you as I hope he will true Wisdom to know Him to discern His Hand in these things and what He expects from you to know what is your proper Part in this great Affair and to be more careful to discharge it well than to enlarge it beyond its just Bounds and that all true Happiness may always attend your Majesty Your Majesties most Faithful and Obedient Subject AUTHORITY ABUSED BY THE Vindication of the Last Years Transactions AND The ABUSES DETECTED By the Author of the Reflections OF a great many Evil Arts and Practices which in the late Reigns were used for the Subversion of the True English Government and Suppression of the most ancient common Rights of the People of these Nations one that was most constantly used for that purpose was the Employment of Mercenary Writers to put a colour of Words and Oratory upon those things for which they had no colour of Law And it would be a sad case with us if after so glorious a Deliverance we should be already so far deserted by the Divine Providence as to stand in need of any such Practices or Assistance Yet so it should seem to be unless the Pamphlet Entituled The last Years Transactions Vindicated be a bold and impudent Imposture For it will not be hard to prove That that Pamphlet is a False Scandalous and Impious Libel And to Print it not only as under the Patronage of a Chief Secretary of State but expresly as Published by Authority is