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A37464 The works of the Right Honourable Henry, late L. Delamer and Earl of Warrington containing His Lordships advice to his children, several speeches in Parliament, &c. : with many other occasional discourses on the affairs of the two last reigns / being original manuscripts written with His Lordships own hand.; Works. 1694 Warrington, Henry Booth, Earl of, 1652-1694. 1694 (1694) Wing D873; ESTC R12531 239,091 488

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so great draw him aside and then we shall see Peace in our Israel I doubt not Gentlemen but you will do your Parts and this is all that I have to trouble you with at this time THE LEGALITY Of the Convention-Parliament Though not called by Writ IT 's a new sort of Doctrine That where there is a Power to do a greater thing there cannot also be to do a less The Lords who are born Counsellors to the King and Kingdom the Members of the House of Commons were all duely chose by such as had Right to Elect Members for Parliament The two Houses meet at the same day and first declare the Throne vacant and then fill it with this King and Queen and they thus Elected these Lords acknowledge to be our Rightful and Lawful Soveraign Lord and Lady which is the greatest thing that the two Houses are capable of doing and have thereby according to the Maxims of those very Lords altered the Government in a most Essential point of it and yet say they All Subsequents tho' with the Concurrence and Consent of this lawful King and Queen are invallid unless supported by the Authority of this or some other Parliament because the last was not called by Writ in due form of Law So that the Representatives of the Nation Assembled without a Writ can only do one thing and that the highest to make a King And by like Reason If when Assembled by Writ can do every thing but the greatest But it is against all manner of Reason and Policy to suppose that the Power that can make a King cannot do every thing else that is necessary to settle the Government If those Gentlemen had understood the true meaning of Writs and been so ingenious as to confess it they would not have made that an Objection against the Validity of the last Parliament Writs are necessary in their proper time but not so necessary as to give the Essence to a Parliament for if there be any weight in this Reason a Writ is as necessary as the Consent of the Nation by their Legal Representatives to Establish any thing into a Law Writs can amount to no more than the Means by which the Parliament is concerned It will be granted that the present Writ of Summons was Established by the Government and not by the King and it cannot be deny'd that wherever the power of the Government rests it may if it see Cause direct that Parliaments shall be convened in any other manner or by any other means than by Writ For it is not the Writ that makes a man a true Representative but the Election of those who have right to choose for that place For otherwise the Sheriff or other Officer might have return'd whom he saw good and Elections would be needless But the Law has more expresly shewed that it is the Election that makes the Person a Right Member and so consequently the Election of the People is that which gives the Essence to a Parliament because the Law has under greivious pains commanded That Election shall be free And since the Constitution of the Government makes choice of Writs for the Canvening of the Representative Body of the Nation why was not the Parliament as duely concerned and the Acts they passed as good since it was impossible to be Summoned in due form and these Gentlemen might as well have insisted That a Nation may want a Power to help it self as to object against the Validity of the last Parliament because called without Writ By the Weight that they lay upon a Writ they do seem to make a Writ more necessary to a Parliament than our Allegiance is to the Government and if that be so that which is only a Circumstance in the Government is more to be regarded than what is necessary to the Peace of it But to grant that Absurdity What is it that has given the Sanction to these new Oaths that our sitting and Voting in Parliament has not put us under all the Disabilities of 30 Caroli for we are certainly within that Statute if the last Parliament had not power to alter those Oaths and if it had what else they did is as valid for all or none of those Acts are good If it be destructive of the Monarchy to declare those Laws to be good it may be also said to be alike destructive when the proper and only means to support it is made use of For the Nation had no other way left of coming to a Settlement A RESOLUTION OF Two Important Questions I. Whether the Crown of England be Hereditary II. Whether the Duke of York ought to be excluded SIR THE Questions that you have proposed to me are of such a nature that they require a very strict consideration because they are of the greatest moment in our present condition and therefore you have done me a great honour to command my Thoughts upon them in regard you might have had your Queries resolved by persons much more able than I am but since you desire my Opinion I will give it you very faithfully As I remember the first thing that you was in doubt of was Whether the Crown of England be Hereditary or no and to that I answer negatively That it is not Hereditary And in order to the clearing of this I will in the first place give you a short historical account of Matter of Fact till K. James I think it will not be denied that from the first known Times in this Island after that they had Kings till the Conquest but that the People Elected him for their King whom they best liked without regard had to the Issue of the deceased King and also that they deposed them very frequently and set up others in their stead when upon tryal they were found unfit for the purpose He that says otherwise confesses himself either not to have read our English Story or that he understood not what he read and if your self doubts the truth of what I affirm I will at any time give you a particular account of it till the entrance of the Normans William the First commonly called the Conqueror we must begin with him who it 's most certain had no Right or Title to the Crown by Inheritance or Descent and it is as true that he did not gain it by Conquest for Edgar Etheling who was alive and in England when William came in had an unquestionable right by Descent and therefore whilst he was alive William could not pretend any Title by Inheritance but must find out some other way to come to the Crown and therefore he pretended one while a Compact between him and Harold and again That it was left to him by Edward the Confessor by his Will yet he found that all these were but empty sounds for although he had a potent Army by which he might have done great things yet that Army only brought him into England but it was the Election of the People that
his Will and Pleasure For Principle is the great Director of all Mans Actions and every Man is either better or worse esteemed according to the Opinion that the World has of his Principles In the worst and most corrupt of times there has not wanted such as have been more solicitous about the well-fair of their Country than for themselves and if a King does not so much depend upon those that by the current of their Actions have made it evident they prefer the Publick Good to their own private Advantage as upon some other sort of Men it 's as clear as the Sun that he aims at something beside the Publick Weal or else that God has a quarrel to him and will not let him see his Interest For what greater pledge can be given of a Mans Integrity than when voluntarily and without Compulsion he dedicates himself and all that he has to the Publick service any other security being inconsiderable in comparison of it And therefore when a King knows such Men and yet imploys others rather than they it 's a clear Demonstration that his Designs and Affections are alienated from the good of his People and the Land is then in as ill a condition as when their King is a Child As to the third it will be no less extraordinary to see the King under equal Obligations to all Parties for it can only be for this reason because every Party shall have approved themselves equally serviceable or useless faithful or negligent steddy or inconstant to him which would be very wonderful though he dropt out of the Skies because there are so very many occasions in which a King needs the service of his People that if one Party acquit themselves better than others he will in a little time find who deserves best and it will be so plain and obvious that he must see it unless he be very unfortunate And till all Men have the same Complexion are of the same Stature and proportion of Body and Temper of Mind there will be distinctions of Men and Parties and therefore it will be the most remarkable thing that ever happen'd that notwithstanding their differences in other matters yet they should all concur to have the same Principle and Inclination to the King and Government But that Prince is very unfortunate who cannot depend upon one Party more than another nor has obligations to one more than another since it is an ill effect of a bad cause For the reason wherefore he cannot depend upon one more than another is because he has used and treated all alike And this Method as it will never make his Enemies to become his Friends so in a short time it will make his Friends so cold and indifferent towards him that they will serve him at the rate that others do and hereby his Obligations won't be greater to one more than to another So the Service that is done him will not be the effect of Duty and Affection but only according to the rate that he pays them But when a King cannot depend upon one more than another and is under equal obligations to all the most usual and truest reason of all is because he has so far disoblig'd all Parties that he has more cause to be afraid of than to trust any of them therefore till Men are of the same mind in every thing else it cannot be expected that these things or any of them can ever happen If then should a King act as if they were and the Case prove to be otherwise the consequence of it would be fatal to him For though it may be objected that by a distribution of his favours and imployments equally on all Parties he thereby gives incouragement to all to stand by him and makes none desperate yet on the other hand he thereby makes every Party Jealous of him and none to trust him For when he inlarges his hand to any Party it is to the regret and envy of the rest that were not then also consider'd which he cannot repair but by conferring greater things on them and then this turns to the dissatisfaction of the other Party as much as if nothing had been done for them So that thence it will follow that when ever his bounty moves every one must have a share for if any Party is omitted he will lose more on one hand than he gains on the other and what Prince ever found that his bounty turn'd to account where the Persons that were the objects of it had not something of affection or duty for him because all that he can do in that way will ingage them no longer than till they can make a better bargain or could he winn them by it yet the case of that Prince is much to be lamented who has none to depend on but such as he has gained by his liberality But could he gain any by such a Method which is very uncertain yet for one that he so makes his Friend he thereby looses a hundred who are such upon principle and that Prince gives himself very little leasure to think who does not know that one who is a Friend upon Principle is worth many who are made such by bounty preferments may be out-bid but Principles are permanent Every Prince will find himself out in his reckoning when he perceives what construction the People do put upon such a Method for they will be apt to conclude That it is the effect of Fear want of understanding or that his heart is not right towards them and its a dangerous thing to suffer such Notions to get into their heads it being very difficult to remove them if once they are fixt there Those that wisht him well will grow cold and indifferent towards him when they find that others who don 't deserve it are treated as well as themselves and it will discourage the honest endeavours of others for the future when neither they nor the Nation is much the better for their service and at last they will despise him and such as had no great good will for him will be sure to follow their blow as soon as they find his blind side and improve to their utmost advantage though to the ruine of him and the Nation all Parties will slight him undervalue all his Actions put the worst construction upon every thing and ascribe to chance whatever is well done When obnoxious Men are made use of it is too evident a sign that the same work is to be done because the same Tools come into play and hereby the King in a great measure becomes Particeps criminis of former ill councels and practices in allowing such to suck the fat of the Government who ought to be squeazed if not crushed to satisfie and vindicate the publick Justice and then well may such wipe their mouths and say What evil have I done when in stead of answering at the Bar their Treatment is more like a Reward for what they have done
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
It 's said he was every Night drinking till Two a Clock or beyond that time and that he went to his Chamber drunk but this I have only by Common Fame for I was not in his Company I bless God I am not a Man of his Principles or Behaviour but in the Mornings he appear'd with the Symptoms of a Man that over Night had taken a large Cup. But that which I have to say is the Complaint of every Man especially of them who had any Law Suits Our Chief Justice has a very Arbitrary Power in appointing the Assize when he pleases and this Man has strained it to the highest point For whereas we were accustomed to have Two Assizes the first about April or May the latter about September It was this Year the middle as I remember of August before we had any Assize and then he dispatcht business so well that he left half the Causes untryed and to help the matter has resolved that we shall have no more Assizes this Year These things I hope are just cause of Complaint It cannot be supposed that People can with ease or delight be in expectation so long as from May till August to have their Causes determined for the notice he gave was very short and uncertain And I beg you is it not hard for them that had any Tryals to see Councel be at the charge of bringing Witnesses and keep them there five or six days to spend their Time and Money and neglect their Affairs at home and when all is done go back and not have their Causes heard This was the case of most People the last Assize Some Observations on the Prince of Orange's Declaration in a Charge to the Grand Jury Gentlemen THE greatest part of the misfortunes which befall mankind would be prevented did they but keep in mind and seriously consider the most remarkable things which happen to them for then they would not as is every day seen neglect so many advantageous opportunities which by Providence is put into their hands nor split so often upon the same Rock For so apt are men to forget even things of the the greatest moment that it is become a common saying That there is not any thing that is more than a nine days wonder which does sufficiently express the giddiness and want of consideration in Men Of which there never was a more pregnant instance than is to be observed in England at this time For tho the late Revolution was as remarkable as any thing could be both for the matter as well as for the manner of it yet it seems to be as much out of peoples thoughts as if no such thing had happened to us It is a great unhappiness that no more notice is taken of it and it would yet be a greater misfortune if we make no more advantage of it than yet we have done and since it does so much concern us to carry it in our thoughts I hope I shall not mispend your time whilst I give you a short account of the occasion that sent K. J. away and for what reason his present Majesty the then Prince of Orange was placed on the Throne I believe you may remember how much the greater part of the Nation was alarm'd when it was known that the Duke of York had declared himself a Papist by reason of the fatal effects it would have upon our Religion and Liberty if in case he should come to the Crown And the Parliament being no less sensible of this threatning danger made several attempts to exclude him from the Crown by Act of Parliament which was the cause wherefore so many Parliaments one on the neck of another in the latter end of Charles the ll 's time proved Abortive for when the Court could not by any other Artifice keep off the Bill of Exclusion that Parliament was dissolved and another called in hopes to find it of another temper but perceiving that every Parliament began where the other left off of that Scent King Charles took leave of Parliaments for the rest of his time And then all those who had been for the Bill of Exclusion were loaded with all manner of reproaches and amongst other things were called Anti-Monarch-men because they would break into the Succession for that the Exclusion of the Duke of York was used only as a pretence to bring in a Common-wealth To such a degree of madness did the mistaken Loyalty of some people carry them And I wish there were not some at this day who hope to make themselves welcome at Court by calling every thing Anti-Monarchical that is proposed for the good of the Nation At last things being in a posture for the purpose C. II. went off but how is not yet certain to make room for his Brother the Duke of York who began very early to discover himself and in a short time had made so very bold with matters both in Church and State as to demonstrate that the apprehensions of those who would have Excluded him was rather a Prophesie of what he would do than a groundless conjecture for his power swelled so fast that he quickly makes all people to feel the intollerable burden of an unbounded Prerogative so that many who before fell down and worshipt Prerogative were than as hasty to get out of the way of it as they would to avoid a Monster that stood ready to devour them and thereby brought them so far to their Wits as to enable them to see that it is much safer to trust the Law than the King's Will and Pleasure with their Liberties and Properties and that God had no more given Kings a right to oppress and inslave their Subjects than he had indued them with a power to Create Men. For the method which King James took shewed plainly to all the world that nothing less than being Absolute would content him That is he would govern by his Will and force an obedience to his pleasure by his Army for his Administration became more exorbitant every day than other till his present Majesty the then Prince of Orange Landed who as is usual upon such occasions set out a Declaration of the occasion that brought him hither wherein is innumerated many of the irregularities of King James his Administration The first thing mentioned is the Dispensing-power which King James had assumed whereby he gave just occasion for a very loud complaint because it is a most dangerous Instrument in the hand of any King for it not only makes a noise but does certain execution it swallows up Law where-ever it comes and tears up Liberty and Property by the Roots it does not only put every mans right at uncertainty but makes it uncertain whether there is any such thing as Right it is of so diffusive a Nature that if it be exercised in one Kingdom the next that is governed by the same King has cause to think it self in danger This the Parliament had early under their
without the Law but that he might imploy his power to an ill end and those then that incourage arbitrary inclinations in their Prince are guilty of all the Oppression and Violence that he shall commit The Law is the best hold both of King and people for it 's their mutual and only interest which soever of them lets it go will have much ado to preserve themselves for never did any stand long that parted with it when the King forsakes the Law he ceases to be King and makes room for another that is more righteous than himself and therefore because he endeavoured to set his will above the Law was the late King James set aside and I am perswaded with all the Justice in the World Thus I have indeavoured in a few words to detect the unreasonableness of this arbitrary Doctrine and indeed the great Asserters of it at last discovered what was the true principle that guided them they had very honestly prescribed a rule for others which they could not practice themselves like the Pharisees who were reproved by our Saviour for laying heavy burdens upon others that they would not touch themselves Our Loyal men were very well pleased with arbitrary power whilst they might be imployed and lord it over their neighbours they little dreamt that the wheel might go round for no sooner did they see that this power was like to be exercised upon themselves but they changed their note all their encomiums upon King James were turned into the most bitter invectives that their wit could invent and their threatnings which they used to breath out against the Dissenters were turned into words of Vnity and Reconciliation I will not affirm that the mercenary principle of preferment made them so zealous for Prerogative but this is most certain their zeal never abated till they saw that other people were like to come into play and then they were as forward as any to explode the Doctrine of Non-resistance and to wish success to the Prince of Orange But since King William does not think fit to employ them nothing will serve their turn but King James And because they cannot for shame talk any more of their unshaken Loyalty they have wholly laid aside that word and now their mouths are filled with nothing but the Church and considering that they refuse the Oaths and indeavour to throw all the contempt they can upon this Government therefore in their sense the Church and this Government are two distinct interests and King James a profest bigotted Papist is more likely to support the Church than King William who is a Protestant and thus they demonstrate their care for the Church and if it be not because King William won't put them into imployment I can't imagine why they should be so averse to him unless it is because his Government is more Just and Mild and that he Governs more by the Laws than any of the four last Kings Gentlemen Your inclinations to the Government is not to be question'd yet in regard it has been indeavoured to be so much traduced it may not be improper to say some thing of it Every King of England receiving and holds his Crown upon condition to Govern according to the known and approved Laws of Land for by what means soever he may come to the Crown he can hold it by no other means than by making the Laws the measure of his Power and when he forsakes that good old way he ceases to be King and Male Administration is a forfeiture of his Crown This was the opinion of our forefathers as appears by the many instances of those Kings that have been Deposed for their evil Government And those who have succeeded them have still been acknowledged and obeyed as rightful and lawful tho the other were alive For when the Throne is vacant it naturally comes into the hands of the people because the original dispose and gift of the Crown was from them therefore whoever they place upon the Throne has as good a right to be there as the first King that wore the Crown No Government can want a power to help it self and therefore when the King has set his will above the Laws what other means has the people left but their Arms for nothing can oppose Force but Force Prayers and Tears are our proper applications to God Almighty but signifie but little with an Arbitrary Prince who will be rather confirmed in his purposes when he finds that he is like to meet with no other opposition But this opposing the King with Arms is not justifiable for every wrong step or miscarriage of the Prince save only in cases of extremity when it 's obvious to every man that the King has cast off his affection to the Common Good and sets up his will in the place of the Law and thereby rendered himself unmeet to sway the Scepter For this reason was King James deposed and therefore is this present Government justified to the last degree by very good reason and the constant practice of our Fore-fathers in the like case For long before King Charles dyed the Nation was very apprehensive of the mischief they should be exsposed to if in case the Duke of York should get into the Throne and he had not long been in possession of the Crown before he convinced the world that those jeers and apprehensions were not groundless for he quickly became so exorbitant in the exercise of his power that the Nation grew very uneasie under him where upon the Duke of Monmouth landed in order to deliver us from that which the Nation had so much cause to fear and it did not please God to give him success Yet I am perswaded it was not by reason of the justness of King James 's Cause that God permitted him to prevail for some years but that he might fill up the Measure of his Iniquities and all the Earth might see how justly he was Deposed To recount the particulars of his Male-Administration would take up too much of your time and therefore I will only say this in short That he had so notoriously broken the Constitution of this Government to set up Popery and Slavery that the Nation was necessitated to rise in Arms and by as good right did they take the Diadem from his Head as he ever had to claim it for he having rendered himself unmeet to sway the Scepter the Crown thereby fell into the hands of the people and where then could they so well and properly dispose of it as to set it on his Head that so generously and opportunely came in to our assistance at a time when the Nation lay gasping and just ready to expire with the weight of Popery and Arbitrary Power What horrible unthankfulness to God and ingratitude to King William is every man professing the Protestant Religion guilty of who is disatisfied with the present Government For I would ask any of them what else could have been done to bring
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 ●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
distinctly besides they are different in the manner of Proof for that which is necessary to prove the one does in no sort prove the other and furthermore the one may be effected and the other never so much as intended or designed as that the King may be Murdered and no War levyed nor intended And moreover in the one Case it is Treason as well to intend as to execute it without relation to or being joyned with any thing else but it is not so in the other for it is Treason absolutely in it self as well to compass the Kings Death as to Kill him But an Intention to Levy War and the doing of all things in order to it is not Treason unless the War be levyed except by Misplication or Inference and thus much may serve to prove that they are distinct Species of Treason As to the Fourth No doubt that every Statute is to be construed most strictly to restrain the Mischief against which it was enacted For the Uninterrupted course of all Judgments and Resolutions have been accordingly and nothing can more directly thwart common Sence than to make it otherwise and therefore if the State be absolute the more forcibly that it is construed to restrain the Mischief the more truly is the intent of the Statute pursued for how shall any evil be supprest if the remedy must be applyed but by halves For the Law would then be rather a Mockery than a means to redress the Mischief if it shall not be taken most strongly against it either it is or it is not a restraint of the Evil if it is not why was it made If it is It must be understood in that Sence by which the Mischief or Evil may be effectually prevented and suppressed As to the Fifth The Answer will be best understood by Considering first the Significations of these two words apart Viz. Provably and Overt Provably Signifies To prove or make good by Evidence Argument Reason or Testimony Overt has all these Significations open clear plain apparent manifest notorious evident known undoubted certain perspicuous This then being the Significations of those Words what then can follow more Naturally than that to be provably attainted by Over Deed is that the Fact must not only be direct apparent and notorious to the point but it must also be proved clearly evidently plainly and perspicuously void of all doubt or obscurity and those two Words being taken together do the better Expound each other and seem to be choice Words culled out by the penners of that Statute as the most expressive against all Implications and Inferences which might be made in Case of Treason These things being premised which are as easily proved as alledged there will remain very little for them to maintain their Opinion who say That a Conspiracy to Levy War is an Overt Act of compassing the Death of the King The things which are commonly and chiefly urged for that Opinion are these two First It would be of dangerous consequence if a Conspiracy to Levy War may not be interpreted an Overt Act of Compassing the King's Death because there is no means left to prevent it and the Mischiefs attending it when the War is Levyed Secondly If a War be levyed the Death of the King must needs be intended and will certainly ensue if the Rebels prevail In answer to these it may be replyed That the one of them is but a bare Objection and that the other is no substantial Argument because it begs the Question and then surely that must be a feeble Opinion that has no better a Foundation But a more particular answer to them will discover the Sandy Foundation upon which this Opinion is built And it will be more proper to begin with the Second because in giving an answer to that the other will in a great measure receive an Answer also Therefore as to the Second It may be observed that the Death of the King is made so certain and necessary a Consequence of Levying of War that by reason of that certainty a Conspiracy to Levy War is an Over Act of Compassing the Kings Death Now therefore if that certainty will not hold but that many Cases may be put and Instances produced wherein the Kings Death is not intended nor did it ensue upon the prevailing of the Party then is the whole weight and strength of that Argument of None Effect The Hugonots in France have heretofore Assembled together in Arms and tho' they repeated it several times yet in which of those Occasions does appear either by the cause of their coming together in that manner or by the issue of it that it was Levelled at the Kings Life No the Cause of their rising in Arms was for the asserting of their Religion and just Rights for as soon as their Reasonable Demands were satisfyed they laid down their Arms more willingly than they took them up neither did they attempt any thing against the Kings Life when he was in their power but after they were answered in those things to which they had Right both by the Laws of Nature and the Government immediately they returned home in peace and upon all other occasions proved the most firm and Loval Subjects of all that Kings Dominions and as this present King of France must witness for them if he will do them Justice If the Protestants in France should at this time take up Arms upon so just a provocation as they now have it would be very senceless to suppose that they Levy'd the War with a principal Design to Murder the King and not for the Defence of themselves and their Rights which are so inhumanly and against all Law and Justice at the same time invaded and ravisht from them Story is full of like Cases and Instances to this but to speak more particularly to England What was the Barons Wars the answer to which must be that they took up Arms to assert their Rights and Liberties which the King contrary to his Oath withheld from them and that it lasted near 40 Years yet the Kings Death was never intended nor his Life in any danger for as soon as their just demands were answered they put up their Swords and every man returned home and pray'd for the life of the King And out of English Story what one instance can be produced where the cause of War was declared to be against the Kings life or if that party prevailed the King was put to death by their general consent and approbation For tho' it be true that there are some instances where they have been Murdered after the War yet it is also as true that it was by private Assacination and not by the consent and privity of those who levyed the War for all those that were concerned in the Murder were condemned and executed for it as Traitors as in the Case of Edw. 2d and Richard 2d And as for that of Charles the First which is so much pressed and urged
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
but told the Parliament to their Face that he had so done and was resolv'd to proceed and he was as good as his word for he made Popish Officers Justices of the Peace and Judges upon which Loyalty began to decline for they fell away from him every day more than other But he stopp'd not here for that he might disoblige the Tories and Clergy as well as he had the rest of the Nation the Papists excepted he set up the High Commission and then the Declaration of Indulgence and for refusing to comply with it he clapp'd up seven of the Bishops in the Tower I am far from detracting from the Praise that is due to that Action of the Bishops yet give me leave to say the Merit of it is not so great as many have cry'd it up to be for they refused to read the Declaration more out of Self-Interest than out of regard to the Publick otherwise why did they not refuse to read the Declaration of Charles II. upon his dissolving the Oxford Parliament which struck more directly at the Heart of the Government than King James did yet not one Bishop refused it and accounted every one disaffected to the Government that did dislike it And that which further prevails with me to be of this Opinion is because some of these Bishops at this time refuse to take the Oaths It would be endless to run through all the Particulars of King James's Exorbitant Reign but in short he had turn'd the Government on its Head and was resolv'd to set up Popery instead of God's true Worship and his Absolute Will and Pleasure in the room of the Law and had fully accomplish'd his purpose if God had not sent us a Deliverer by whose assistance we thrust him from the Throne For having broke his Coronation-Oath and the Condition upon which he receiv'd the Crown he thereby lost all the Right of swaying this Scepter And by a just and real Authority with which the People of England are invested upon such occasions has the Nation by a full and free Consent placed King William on the Throne who I trust will be the Repairer of our Breaches How then ought we to rejoyce what cause have we to be thankful for such a stupendious Change when we had nothing but a fearful looking-for of utter Ruine we now enjoy the Protestant Religion instead of Idolatry and a just and equal Government instead of Slavery and all this brought about without the expence of Blood So that I stand amaz'd when I hear of any that are for recalling the late King James if there be any such I hope I shall not be accounted severe if I wish they were with him for I think it would be best and safest for them and every body else Can any Man be so senceless as to desire to set that man over them again who had once destroy'd their Religion and Liberties and had justly forfeited his Crown by Male Administration for when the King denies his Protection the People are discharged of their Obedience to him because the Obligation of Protection and Subjection is reciprocal Nay I may presume to say that the People have a greater Right to be well govern'd than any King can have to his Crown for their Right of being well govern'd was first in Nature and secondly it is necessary to the being of Mankind but so is it not that this or the other man be on the Throne nor even the form of the Government it self for that sort of Government is most necessary that is best for the Common Good We now fit safely under our Vines and Fig-trees and every man may Worship God without being hawled to a Goal the Bone is taken away that the Papists used to throw amongst Protestants to set them together by the Ears And truly it was always my Opinion that it would never go well with England till every man might worship God in his own way And this being thus happily accomplish'd I do beg your permission to offer my Advice which is this That all Protestants would now unite against the Common Enemy and forbear all Distinctions and Revilings though we may differ in some things yet let us neither reproach him that goes to his Parish Church nor be scandaliz'd at him that goes to a Barn let no man be offended at a Liturgy or set Form of Prayer nor think extempore Prayer is unacceptable to God every Tub must stand on its own bottom therefore let every man be more careful to mind and mend his own Failings than to observe the Faults of others let every man live up to the Doctrine he professes and sincerely act according to his Principles and prefer the publick before any private Interest and then it will go well with them here and hereafter Thus have I given you my scatter'd Thoughts which I have endeavour'd to put together as well as I could with the short leisure I have had As to the particular Business of this day it would be needless to offer you any Directions your Oath has sufficiently instructed you and I suppose most if not all of you understand your Duty as well as I can inform you therefore I will only say that whatever is an Offence against the Law is presentable by you Your Country has reposed a great and honourable Trust in you and I don't doubt your good and faithful discharge of it only this I desire to recommend to you That you will not find any Indictment or Presentment upon Suspicious or slight Evidence for it is unjust unreasonable and may be of fatal consequence to our selves or our Posterity A Man's Reputation is a precious thing and no man ought to be troubled unnecessarily And I do rather give you this Caution because it was the Practice of the Late Times and I hope we shall rather reform their Practices than follow them and come nearer to the Golden Rule of doing as we would be done by But in saying this I don't design to lead you out of the way of Justice that any who have offended the Law should escape Punishment Let the Guilty receive the Reward of their Doings and the Innocent suffer no Wrong and then shall we be a happy People So I will trouble you no further but to pray God to direct you in your Business SOME ARGUMENTS To prove That There is no Presbyterian but a Popish PLOT AND Against the Villany of Informing in 1681. I Will trouble you but with a few words before I proceed to the Particulars of your Charge and I hope no body of the Protestant Perswasion will be offended at what I have to say I have heard it positively affirm'd That 80 81. is become 40 41. That the same Game is now playing that was then If by this is meant That our old and restless Enemies the Papists are now at work that it is they who at this time are labouring our Destruction and that they are the Danger that threatens
no Popish but a Presbyterian Plot I doubt there are too many who account it Loyalty to oppose every thing that the late Parliaments have done and though there be never so much Reason in the thing yet if the Parliament had a hand in it it is a sufficient ground to them to traduce it But though they are resolved to think amiss of what the Parliament has done yet in the point of the Popish Plot they may allow the Parliament to be in the right since His Majesty is of the same opinion for he that shall oppose his Judgment against the Opinion of King and Parliament must needs tax them with a great deal of rashness and haste in their Declaration or else profess himself to be a Man of a very extraordinary Understanding and Observation that can see further into the matter than the King and Parliament If there be any man that is acquainted with this Mystery that is hid from the Eyes of King and Parliament it is no doubt a Duty incumbent upon him to reveal the Secret to his King and Country that they may no longer continue to harbour an ill Opinion of them who are not blame worthy He that can believe that there is no Popish but a Presbyterian Plot must also believe that both the Papists and Presbyterians have now changed their former Principles and Practices The Principles of the Papists are incomparably laid open by the Bishop of Lincoln by which every man may see how dangerous and destructive they are to all Civil Governments And the Church of Rome holds it to be lawful to promote their Interest by any way or means though never so contrary to the Word of God and Common Morality or Honesty Accordingly it has been their Practice which produced the Parisian Massacre where so many Protestants were barbarously murdered in one night And in K. James's time the Powder Treason when the King and both Houses of Parliament were to have been blown up and the rest of the Protestants were to have tasted of the same Cup. And in the late King's time the Massacre in Ireland where of Two hundred Thousand Protestants that fell into their Hands not one escaped and all those perish'd in one Month. And the same measure we must have had if their Plot had not been discover'd by which they had designed to turn the whole Land into a Butchers Shambles I don't mention these Particulars as all the Instances of their barbarous practices I only give you these as Examples of what they do elsewhere for in all places where they have endeavour'd to establish or propagate the Romish Doctrine and Superstition it has been carried on by Blood and Cruelty which proves it to be a false Religion for this is contrary to the Precept and Example of our Saviour and his Apostles who had recourse to no such things when they propagated the Christian Faith but to strong Reason and evident Truths for it is not the way to convince Men of the Truth by Hardships and Severities for by such Methods we can only hope to make Hypocrites but not to gain Proselites and besides it is an undervaluing of the Almighty Power of God as if he stood in need of such assistances to establish his Truth But the Presbyterians are not of such Principles they are willing to assist the Government against the Papists for they have no other Interest and therefore I cannot believe them to be like the foolish Woman that pulls down her House with her Hands And if we should believe that their Principles enclined them to practise against the King and Government I doubt it would cast a Reflection upon that which we would be loth to hear ill spoken of for as they differ from us only in some Indifferent Ceremonies but agree with us in Doctrines and Fundamentals therefore their Interest is the same and accordingly will their Inclinations carry them Their Practice proves them to be true to their King and firm to the Government for when the Popish Subjects have rebelled against their King they have always stuck to their Prince and that too in Popish Countries Examples hereof there are very many and the present French King on this score owes a great deal to them of the Reformed Religion for when his Popish Subjects rebelled and would have set up another in his room they stuck to him and setled him in the Throne It was the Presbyterians who were chiefly instrumental in his Majesty's Restauration whilst others who called themselves The Royal Party sate still to see the Game play'd and when they saw which way the Scales would turn were ready to applaud the Victor let it fall to which side it would And His Majesty was so sensible that the Presbyterians were chiefly instrumental in that Work that he declared himself in favour of them in these words From Breda April 14. 1660. WE do declare a Liberty to tender Consciences and that no Man shall be disquieted or called in question for Differences of Opinion in Matters of Religion which do not disturb the Peace of the Kingdom and that we shall be ready to consent to such an Act of Parliament as upon mature deliberation shall be offered to us for the full granting that Indulgence This is not so very long since that it can in probability be imagined that they should now be so clean altered to the contrary as to practise against the King and Government I don't wonder that there is a noise of a Presbyterian Plot but it is some cause of admiration to me that so many seem to believe it I can't tell what Information others may have met with whereby they are prevailed upon to believe it but all that I can understand that has given ground for such a Suspicion is the Accusations against Colledge and my Lord Shaftsbury which methinks is too slender a proof to charge so many Thousands with a Conspiracy against the King and Government for in the Tryals both of Colledge and my Lord Shaftsbury it was not so much as attempted to prove a Plot in general though at Colledge's Tryal it was urged That that Method would be the more regular proceeding but in both the Tryals the Evidence was levell'd against them chiefly without fetching in such numbers as are necessary to make it a Plot of the Presbyterians I shall not say any thing whether the Evidence against both or either swore true or not nor of the Improbabilities of some of them but this I think I may say That the things chiefly insisted on against either of them were only Indiscretions committed by them surely then it will be very severe to charge so great a part of the Nation with a Plot because my Lord Shaftsbury and Colledge had overshot themselves if all were true that was sworn against them It is no new thing for the Papists to put Sham-plots upon others and the Papists are never nearer to execute a Plot of their own than when there is the
affirm that ours is perfect in comparison of any other Government in the World for if we consider those Nations that have Parliaments that Assembly is of little or no use to the People but to pass into Laws the Edicts of their King But God be praised our Parliament is of far greater use and advantage to us for there it is that our Grievances are redressed and Laws that by process of time are become useless or burthensome are repealed and new and profitable Laws and Statutes are made and in a word Barliaments to our Neighbours are their Burden but our great Happiness Secondly All manner of Taxes and Impositions are laid upon the People at the Will and Pleasure of the King But we can have no Tax imposed upon us but by our Consent in Parliament and there is this peculiar to us from the rest of the World That no English-man can be taxed for his Hand-labour whereas in other Countries and especially France every man pays for what he gets by his Labour In France every Labourer pays two parts of three to the King as if he get Six pence in a day Four pence is paid immediately to the King's Officer Thirdly In other Countries War and Peace is made by the King without consulting the People and they are chargeable to that War tho' made without their Consent or against their Interest So it is with us our King has the sole power of making War and Peace but the Sinews of War is in the People I mean Money and that they cannot part with but with our own Consent And although the Matter of War and Peace is an Arcanum Imperii and that no man as some say may pry into it save they to whom the King is pleased to communicate it Yet I conceive in this our Government where the People are so essential a part of it that they ought to be satisfied with the Ground and Reason of the War before they make themselves chargeable to it and the People are not bound to support every War that the King may engage in for methinks it 's all the reason in the World that a Man should be satisfied with the Cause before he part with his Money and I think that Man is very unworthy of the Honour to serve his Country in Parliament who shall give away the Peoples Money for any other thing but what shall be effectually for the good and advantage of the People and Nation Fourthly The Estates and Goods are taken from the People without assigning a Reason of it but only that it is the Mind of the King to have it so But here no Man can be deprived of his Estate or Goods but by due course of Law for Possession is that the Law is very tender of But although some say That the King's Commission may not be resisted in any case whatsoever I shall not argue that point because this is not a proper time for it and I hope we shall never have occasion to try it if it ever should happen I 'll lay the Blame at the door of his Ministers for our King is a merciful Prince and loves not such things Yet this I am sure cannot be denied That every Man's House is his Castle and may defend himself and his Goods against those that shall assault or molest him and I cannot believe that Man can be really a Friend either to his King or Country but rather does it out of some sinister end or to curry Favour with the Court that shall extol the King's Prerogative above the Laws because this Doctrine if true quite destroys the Fundamentals of our Government for if ever you set the King above Laws then it must necessarily follow that the King derives his Title to the Crown of England not from the Laws of England but from something else but I am sure that man does the King no great Service who puts the King to seek his Title to the Crown of England any where else than from the Laws of England To set the King above all Law but that of his own Will does so directly tax the Justice of God Almighty that I cannot believe him to be a good Christian that is of that Opinion Fifthly In other Countries the Subjects are Imprisoned and Hanged at the Command of the King without any other Reason given But none of us can be deprived of Life Limb or Liberty but for some Offence first committed against some known Law Sixthly Our Neighbours are pressed and forced to serve in foreign Countries against their Wills and are hanged for refusing Our King may press any of us for the defence of the Nation but I never heard that the King could press any English-man to serve beyond the Seas Seventhly In other Countries though the King or his Officers commit never so many or great Outrages and Cruelties upon the People yet have the People no Remedy against either the King or his Officers But with us though our Law says That the King can do no Wrong yet his Officers and Ministers may and if any Man shall do an unlawful thing though by the King's Command that man is accountable to the People for it and it is the Right of every English-man to call him to account for if neither the King nor his Officers are answerable for a breach of the Laws then our Laws signifie nothing and are but a dead Letter and we no better than Slaves These Particulars I have now mentioned I suppose may be sufficient to convince any reasonable man of the Excellency of our Government I shall not proceed further into Particulars or discourse how and with what Caution all our Laws are made and how Justice is administred in all Cases for I should not only weary you but want time to finish so great a Work therefore I shall say this in part That in no Government in the World the People live with such Liberty and Security of what we enjoy when the Laws are duly observed and followed as we do no Prince more safe and happy than ours when he holds to the Laws and it is the mutual Interest of both King and People to maintain the Laws It is the Interest of the People to support the King in his Legal Prerogative and it is the Interest of the King to preserve the People in their due Rights and Liberties for the Happiness of one is bound up in the Welfare of the other There is a certain ballance betwixt the King's Prerogative and the Peoples Properties and he that endeavours to turn the Scales to either side does in effect endeavour the destruction of both for the Interest of the King and People are so interwoven that we cannot separate or distinguish one from the other In a word our Government is both the Envy and Admiration of our Neighbours But Gentlemen notwithstanding our excellent frame of Government yet I find that many are impatient under it and thirst extreamly after that which is called a Common