that I disown and renounce all such Principles Doctrins or Practices whether Popish or Fanatical which are contrary unto and inconsistent with the said Protestant Religion and Confession of Faith And for testification of my obedience to my most gracious Soveraign Charles the II. I do affirm and swear by this my solemn Oath that the Kings Majesty is the only Supreme Governour of this Realm over all Persons and in all Causes as well Ecclesiastical as Civil And that no Foreign Prince Person Pope Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preheminency or Authority Ecclesiastical or Civil within this Realm And therefore I do utterly renounce and forsake all Foreign Jurisdictions Powers Superiorities and Authorities And do promise that from henceforth I shall bear Faith and true Allegiance to the Kings Majesty his Heirs and lawful Successors and to my power shall assist and defend all Rights Jurisdictions Prerogatives Priviledges Preferments and Authorities belonging to the Kings Majesty his Heirs and lawful Successors And I further affirm and swear by this my solemn Oath That I judge it unlawful for Subjects upon pretence of Reformation or any other pretence whatsoever to enter into Covenants or Leagues or to Gonvocate Conveen or Assemble in any Councils Conventions or Assemblies to Treat Consult or Determine in any matter of State Civil or Ecclesiastick without His Majesties special Command or Express License had thereto or to take up Arms against the King or these Commissionate by him And that I shall never so rise in Arms or enter into such Covenants or Assemblies And that there lies no obligation on me from the National Covenant or the Solemn Leagâ—e and Covenant commonly so called or any other manner of way whatsoever to endeavour any Change or Alteration in the Government either in Church or State as it is now established by the Laws of this Kingdome And I Promise and Swear That I shall with my utmost power Defend Assist and Maintain His Majesties Jurisdiction foresaid against all deadly And I shall never decline His Majesties Power and Jurisdiction as I shall answer to God And finally I affirm and swear That this my solemn Oath is given in the plain genuine sense and meaning of the words without any equivocation mental reservation or any manner of evasion whatsoever and that I shall not accept or use any dispensation from any creature whatsoever So help ne God The Bishop of Aberdeen and the Synods Explanation of the Test WE do not hereby swear to all the particular Assertions and Expressions of the Confession of Faith mentioned in the Test but only to the uniform Doctrine of the Reformed Churches contained therein II. We do not hereby prejudge the Churches Right to and Power of making any alteration in the said Confession as to the ambiguity and obscure expressions thereof or of making a more unexceptionable frame III. When we swear That the King is Supreme Governour over all Persons and in all Causes as well Ecclesiastick as Civil and when we swear to assert and defend all His Majesties Rights and Prerogatives this is reserving always the intrinsick unalterable power of the Church immediately derived from Jesus Christ to wit the power of the Keys consisting in the preaching of the Word administration of the Sacraments ordaining of Pastors exercise of Discipline and the holding of such Assemblies as are necessary for preservation of Peace and Vnity Truth and Purity in the Church and withal we do hereby think that the King has a power to alter the Government of the Church at his pleasure IV. When we swear That it is unlawful for Subjects to meet or convene to treat or consult c. about matters of State Civil and Ecclesiastick this is excepting meetings for Ordination publick Worship and Discipline and such meetings as are necessary for the conservation of the Church and true Protestant Religion V. When we swear There lies no obligation on us c. to endeavour any change or alteration in Government either in Church or State we mean by Arms or any seditious way VI. When we swear That we take the Test in the plain and genuine sense of the words c. we understand it only in so far as it does not contradict these Exceptions The Explanation of the Test by the Synod and Clergy of Perth BEcause our Consciences require the publishing and declaring of that express meaning we have in taking the Test that we be not mis-interpreted to swear it in these glosses which men uncharitable to it and enemies to us are apt to put upon it and because some men ill affected to the Government who are daily broachers of odious and calumnious Slanders against our Persons and Ministry are apt to deduce inferences and conclusions from the alledged ambiguity of some Propositions of the Test that we charitably and firmly do believe were never intended by the Imposers nor received by the Takers Therefore to satisfie our Consciences and to save our Credit from these unjust imputations we expressly declare That we swear the Test in this following meaning I. By taking the Test we do not swear to every Proposition and Clause contained in the Confession of Faith but only to the true Protestant Religion founded upon the Word of God contained in that Confession as it is opposed to Popery and Fanaticism II. By swearing the Ecclesiastick Supremacy we swear it as we have done formerly without any reference to the assertory Act. We also reserve intire unto the Church it s own intrinsick and unalterable power of the Keys as it was exercised by the Apostles and the pure primitive Church for the first three Centuries III. By swearing That it is unlawful to Convocate convene or assemble in any Council Conventions or Assemblies to treat consult c. in any matter of State Civil or Ecclesiastick as we do not evacuate our natural Liberty whereby we are in freedom innocently without reflection upon or derogating to Authority or persons intrusted with it to discourse in any occasional meeting of these things so we exclude not those other meetings which are necessary for the well-being and Discipline of the Church IV. By our swearing it unlawful to endeavour any change or alteration in the Government either of Church or State we mean that it is unlawful for us to endeavour the alteration of the specifick Government of Monarchy in the true and lineal Descent and Episcopacy V. When we swear in the genuine and literal sense c. we understand it so far as it is not opposite or contradictory to the foresaid exceptions They were allowed to insert after the Oath before their Subscriptions these words or to this purpose We under-written do take this Oath according to the Explanation made by the Council approved by His Majesties Letter and we declare we are no further bound by this Oath EDINBVRGH The sederunt of the Council Sederunt vigesimo secundo Die Septembris 1681. His Royal
of the Peace and Vnity of this Realm 3. And that such Person or Persons so to be Named Assigned Authorised and Appointed by Your Highness Your Heirs or Successors after the said Letters Patents to him or them made and delivered as is aforesaid shall have full Power and Authority by Vertue of this Act and of the said Letters Patents under Your Highness Your Heirs and Successors to exercise use and execute all the premisses according to the Tenor and Effect of the said Letters Patents any matter or cause to the contrary in any wise notwithstanding So that I take it that all manner of Ecclesiastical Jurisdiction was in the Crown by the Common Law of England and declared to be so by the said Act of 1 Eliz. 1. and by that Act a Power given to the Crown to assign Commissioners to exercise this Jurisdiction which was accordingly done by Queen Elizabeth and a High Commission Court was by her erected which sate and held Plea of all Causes Spiritual and Ecclesiastical during the Reign of Queen Elizabeth King James the First and King Charles the First till the 17th Year of his Reign Which leads me to consider the Statute of 17 Car. 1. ca. 11. which Act recites the Title of 1 Eliz. ca. 1. and Sect. 18. of the same Act and recites further Section 2. That whereas by colour of some Words in the aforesaid Branch of the said Act whereby Commissioners are authorised to execute their Commission according to the Tenor and Effect of the Kings Letters Patents and by Letters Patents grounded thereupon the said Commissioners have to the great and insufferable Wrong and Oppression of the Kings Subjects used to Fine and Imprison them and to exercise other Authority not belonging to Ecclesiastical Jurisdiction restored by that Act and divers other great Mischiefs and Inconveniences have also ensued to the Kings Subjects by occasion of the said Branch and Commissions issued thereupon and the Executions thereof Therefore for the repressing and preventing of the aforesaid Abuses Mischiefs and Inconveniences in time to come by Sect. 3. the said Clause in the said Act 1 Eliz. 1. is Repealed with a Non obstante to the said Act in these Words Be it Enacted by the Kings most excellent Majesty and the Lords and Commons in this present Parliament Assembled and by the Authority of the same That the aforesaid Branch Clause Article or Sentence contained in the said Act and every Word Matter and thing contained in that Branch Clause Article or Sentence shall from henceforth be Repealed Annulled Revoked Annihilated and utterly made Void for ever any thing in the said Act to the contrary in any wise notwithstanding And in Sect. 5. of the same Act it is Enacted That from and after the first of August in the said Act mentioned all such Commissions shall be void in these Words And be it further Enacted That from and after the said first Day of August no new Court shall be erected ordained or appointed within this Realm of England or Dominion of Wales which shall or may have the like Power Jurisdiction or Authority as the said High Commission Court now hath or pretendeth to have but that all and every such Letters Patents Commissions and Grants made or to be made by his Majesty his Heirs and Successors and all Powers and Authorities granted or pretended or mentioned to be granted thereby And all Acts Sentences and Decrees to be made by virtue or Colour thereof shall be utterly void and of none effect By which Act then the Power of Exercising Ecclesiastical Jurisdiction by Commissioners under the Broad-Seal is so taken away that it provides no such Power shall ever for the future be Delegated by the Crown to any Person or Persons whatsoever Let us then in the last place consider Whether the Act of 13 Car. 2. ca. 12 hath restored this Power or not And for this I take it that it is not restored by the said Act or any Clause in it and to make this evident I shall first set down the whole Act and then consider it in the several Branches of it that relate to this Matter The Act is Entituled An Act for Explanation of a Clause contained in an Act of Parliament made in the 17th Year of the Late King Charles Entituled An Act for Repeal of a Branch of Statute in Primo Elizabethae câ—ncerning Commissioners for Causes Ecclesiastical The Act it self runs thus Whereas in an Act of Parliament made in the Seventeenth Year of the Late King Charles Intituled An Act for Repeal of a Branch of a Stature primo Elizabethae concerning Commissioners for Causes Ecclesiastical It is amongst other things Enacted that no Arch-bishop Bisâ—â—p or Vicar-General nor any Chancellor nor Commissary of any Arch-Bishop Bishop or Vicar-General nor any Ordinary whatsoever nor any other Spiritual or Ecclesiastical Judge Officer or Minister of Justice nor any other Person or Persons whatsoever exercising Spiritual or Ecclesiastical Power Authority or Jurisdiction by any Grant Lisence or Commission of the Kings Majesty His Heirs or Successors or by any Power or Authority derived from the King his Heirs or Successors or otherwise shall from and after the First Day of August which then should be in the Year of our Lord God 1641. Award Impose or Inflict any Pain Penalty Fine Amercement Imprisonment or other Corporal Punishment upon any of the Kings Subjects for any Contempt Misdemeanor Crime Offence Matter or Thing whatsoever belonging to Spiritual or Ecclesiastical Cognizance or Jurisdiction 2. Whereupon some Doubt hath been made that all ordinary Power of Coertion and proceeding in Causes Ecclesiastital were taken away whereby the ordinary Course of Justice in Causes Ecclesiastical hath been obstructed 3. Be it therefore Declared and Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords and Commons in this present Parliament Assembled and by the Authority thereof That neither the said Act nor any thing therein contained doth or shall take away any ordinary Power or Authority from any of the said Arch-Bishops Bishops or any other Person or Persons named as aforesaid but that they and every of them exercising Ecclesiastical Jurisdiction may proceed determine Sentence execute and exercise all manner of Ecclesiastical Jurisdiction and all Censures and Coertions appertaining and belonging to the same before any making of the Act before recited in all Causes and Matters belonging to Ecclesiastical Jurisdiction according to the Kings Majesties Ecclesiastical Laws used and practised in this Realm in as ample Manner and Form as they did and might lawfully have done before making of the said Act. Sect. 2. And be it further Enacted by the Authority aforesaid That the afore recited Act of Decimo Septimo Car. and all the Matters and Clauses therein contained excepting what concerns the High Commission Court or the new Erection of some such like Court by Commission shall be and is thereby repealed to dlintents and purposes whatsoever
seeing it hath been and still is their Custom to require the Belief of the Corporal Presence in the Sacrament as that upon the not Acknowledgment whereof we are to be accounted Hereticks and to stand condemned to be Burnt which is somewhat worse than the not being allowed to sit in the Two Houses of Parliament or to be shut out from a Civil or Military Office Neither are they required to Declare much less to Swear that the Doctrine of Transubstantiation is False or that there is no such thing as Transubstantiation as is affirmed in a Scurrilous Paper written against the Loyalty of the Church of England but all that is enjoyned in the Test Acts is that I A. B. do declare that I do believe that there is not any Transubstantiation in the Sacrament of the Lords Supper or in the Elements of Bread and Wine at or after the Consecration thereof by any Prrson whatsoever Tho the Parliament was willing to use all the Care they could for the discovering Papists that the Provision for our Security unto which those Acts were designed might be the more effectual yet they were not so void of Understanding as to prescribe a Method for it which would have exposed them to the World for their Folly 'T is much different to say Swear or Declare that I do believe there is not any Transubstantiation and the saying or declaring that there is not a Transubstantiation the former being only expressive of what my Sentiment or Opinion is and not at all affecting the Doctrine it self to make or unmake it other than what it is independently upon my Judgment of it whereas the latter does primarily Affect the Object and the Determination of its Existence to such a Mode as I conceive it and there are a thousand things which I can say that I do not believe but I dare not say that they are not Now as 't is the dispensing with these Laws that argues the King's assuming an Absolute Power so the Addressing by way of Thanks for the Declaration wherein this Power is exerted is no less than an owning and acknowledging of it and that it rightfully belongs to him There is a third thing which Shame or Fear would not suffer them to put into the Declaration for Liberty of Conscience in England but which they have had the Impudence to insert into the Proclamation for a Toleration in Scotland which as it carries Absolute Power written in the forehead of it so it is such an unpresidented Exercise of Despoticalness as hardly any of the Oriental Tyrants or even the French Leviathan would have ventured upon For having stop'd disabled and suspended all Laws enjoyning any Oaths whereby our Religion was secured and the Preservation of it to us and our Posterity was provided for he imposeth a new Oath upon his Scots Subjects whereby they are to be bound to defend and maintaim him his Heirs and lawful Successors in the Exercise of their Absolute Power and Authority against all deadly The imposing an Oath upon Subjects hath been always look'd upon as the highest Act of Legislative Authority in that it affects their Consciences and requires the Approbation or Disapprobation of their Minds and Judgments in reference to whatsoever it is enjoyned for whereas a Law that affects only Mens Estates may be submitted unto tho in the mean time they think that which is exacted of them to be Unreasonable and Unjust And as it concerns both the Wisdom and Justice of Law-givers to be very tender in ordaining Oaths that are to be taken by Subjects and that not only from a care that they may not prostitute the Name of God to Prophanation when the matter about which they are imposed is either light and trivial or dubious and uncertain but because it is an Exercise of Jurisdiction over the Souls of Men which is more than if it were only exercised over their Goods Bodies and Privileges so never any of our Kings pretended to a Right of enjoyning and requiring an Oath that was not first enacted and specified in some Law and it would have been heretofore accounted a good Plea for refusing such or such an Oath to say there was no Statute that had required it It was one of the Articles of High Treason and the most material charged upon the Earl of Strafford that being Lord Deputy of Ireland he required an Oath of the Scots who inhabited there which no Law had ordained or prescribed which may make those Counsellors who have advised the King to impose this new Oath as well as all others that shall require it to be taken upon his Majesty's bare Authority to be a little apprehensive whether it may not at some time rise in Judgment against them and prove a Forfeiture of their Lives to Justice And as the imposing an Oath not warranted by Law is an high Act of Absolute Power and in the King an altering of the Constitution so if we look into the Oath it self we shall find this Absolute Power strangely manifested and displayed in all the Parts and Branches of it and the People required to Swear themselves his Majesty's most obedient Slaves and Vassals By one Paragraph of it they are required to Swear that it is unlawful for Subjects on any pretence or for any Cause whatsoever to rise in Arms against him or any Commissioned by him and that they shall never resist his Power or Authority which as it may be intended for a Foundation and means of keeping Men quiet when he shall break in upon their Estates and overthrow their Religion so it may be designed as an Encouragement to his Catholick Subjects to set upon the Cutting Protestants Throats when by this Oath their Hands are tied up from hindering them It is but for the Papists to come Authorised with his Majesty's Commission which will not be denied them for so meritorious a Work and then there is no Help nor Remedy but we must stretch out our Necks and open our Breasts to their Consecrated Swords and Sanctified Daggers Nay if the King should transfer the Succession to the Crown from the Rightful Heir to some zealous Romanist or Alienat and dispose of his Kingdoms in way of Donation and Gift to the Pope or to the Society of the Jesuits and for the better securing them in the Possession hereafter should invest and place them in the Enjoyment of them while he lives the Scots are bound in the virtue of this Oath tamely to look on and calmly to acquiesce in it Or should his Physicians advise him to a nightly Variety of Matrons and Maids as the best Remedy against his malignant and venomous Heats all of that Kingdom are bound to surrender their Wives and Daughters to him with a dutiful Silence and a profound Veneration And if by this Oath he can secure himself from the Opposition of his Dissenting Subjects in case through recovery of their Reason a Fit of ancient Zeal should surprize them he is otherways
read to their Majesties the King returned to the Commissioners the following Answer WHen I engaged in this Vndertaking I had particular Regard and Consideration for Scotland and therefore I did emit a Declaration in relation to That as well as to this Kingdom which I intend to make good and effectual to them I take it very kindly that Scotland hath expressed so much Confidence in and Affection to Me They shall find Me willing to assist them in every thing that concerns the Weal and Interest of that Kingdom by making what Laws shall be necessary for the Security of their Religion Property and Liberty and to ease them of what may be justly grievous to them After which the Coronation-Oath was tendred to Their Majesties which the Earl of Argyle spoke word by word directly and the King and Queen repeated it after him holding Their Right Hands up after the manner of taking Oaths in Scotland The Meeting of the Estates of Scotland did Authorize their Commissioners to represent to His Majesty That that Clause in the Oath in relation to the rooting out of Hereticks did not import the destroying of Hereticks And that by the Law of Scotland no Man was to be persecuted for his private Opinion And even Obstinate and Convicted Hereticks were only to be denounced Rebels or Outlawed whereby their Moveable Estates are Confiscated His Majesty at the repeating that Clause in the Oath Did declare that He did not mean by these words That He was under any Obligation to become a Persecutor To which the Commissioners made Answer That neither the meaning of the Oath or the Law of Scotland did import it Then the King replyed That He took the Oath in that Sense and called for Witnesses the Commissioners and others present And then both Their Majesties Signed the said Coronation-Oath After which the Commissioners and several of the Scotish Nobility kissed Their Majesties Hands The Coronation OATH of England The Arch-bishop or Bishop shall say WIll You solemnly Promise and Swear to govern the People of this Kingdom of England and the Dominions thereto belonging according to the Statues in Parliament agreed on and the Laws and Customs of the same The King and Queen shall say I solemnly Promise so to do Arch-bishop or Bishop Will You to Your Power cause Law and Justice in Mercy to be Executed in all Your Judgments King and Queen I Will. Arch-bishop or Bishop Will You to the utmost of Your Power Maintain the Laws of God the true Profession of the Gospel and the Protestant Reformed Religion Established by Law And will You Preserve unto the Bishops and Clergy of this Realm and to the Churches committed to their Charge all such Rights and Priviledges as by Law do or shall appertain unto them or any of them King and Queen All this I Promise to do After this the King and Qeen laying His and Her Hand upon the Holy Gospels shall say King and Queen The Things which I have here before Promised I will Perform and Keep So help me God Then the King and Queen shall kiss the Book The Coronation OATH of Scotland WE William and Mary King and Queen of Scotland faithfully Promise and Swear by this Our solemn Oath in presence of the Eternal God that during the whole course of Our Life we will serve the same Eternal God to the uttermost of Our Power according as he has required in his most holy Word reveal'd and contain'd in the New and Old Testament and according to the same Word shall maintain the True Religion of Christ Jesus the Preaching of his holy Word and the due and right Ministration of the Sacraments now Received and Preached within the Realm of Scotland and shall abolish and gainstand all false Religion contrary to the same and shall Rule the People committed to our Charge according to the Will and Command of God revealed in his aforesaid Word and according to the laudable Laws and Constitutions received in this Realm no ways repugnant to the said Word of the Eternal God and shall procure to the utmost of Our Power to the Kirk of God and whole Christian People true and perfect Peace in all time coming That we shall preserve and keep inviolated the Rights and Rents with all just Privileges of the Crown of Scotland neither shall we transfer nor alienate the same That we shall forbid and repress in all Estates and Degrees Reif Oppression and all kind of wrong And we shall Command and Procure that Justice and Equity in all Judgments be keeped to all persons without exception as the Lord and Father of all Mercies shall be merciful to us And we shall be careful to root out all Hereticks and Enemies to the true Worship of God that shall be Convicted by the true Kirk of God of the aforesaid Crimes out of Our Lands and Empire of Scotland And we faithfully affirm the things above written by Our Solemn Oath God save King WILLIAM and Queen MARY Proposals humbly offered to the Lords and Commons in the present Convention for settling of the Government c. My Lords and Gentlemen YOV are Assembled upon Matters of the highest Importance to England and all Christendom and the result of your Thoughts in this Convention will make a numerous Posterity Happy or Miserable If therefore I have met with any Thing that I think worthy of your Consideration I should think my self wanting in that duty which I owe to my Country and Mankind if I should not lay it before You. If there be as some say certain Lineaments in the Face of Truth with which one cannot be deceiv'd because they are not to be counterfeited I hope the Considerations which I presume to offer You will meet with your Approbation That bringing back our Constitution to its first and purest Original refining it from some gross Abuses and supplying its Defects You may be the Joy of the present Age and the Glory of Posterity FIrst 'T is necessary to distinguish between Power it self the Designation of the Persons Governing and the Form of Government For 1. All Power is from God as the Fountain and Original 2. The Designation of the Persons and the Form of Government is either First immediately from God as in the Case of Saul and David and the Government of the Jews or Secondly from the Community chusing some Form of Government and subjecting themselves to it But it must be noted that though Saul and David had a Divine Designation yet the People assembled and in a General Assembly by their Votes freely chose them Which proves that there can be no orderly or lasting Government without Consent of the People Tacit or Express'd and God himself would not put Men under a Government without their Consent And in case of a Conquest the People may be called Prisoners or Slaves which is a state contrary to the Nature of Man but they cannot be properly Subjects till their Wills be brought to submit to the Government
or two Months and then they assure the Court since they can get no good by them they shall take no harm and therefore to stop them from some worthy Undertaking they by their feigned Zeal against Court Corruptions put them upon Impeaching some Treasurer Councellor or Minister of State and having spent half our time about this the rest is spent for the Clergy upon Church-Work which we have been so often put upon and tired with these many Sessions Though Partiality unbecomes a Parliament who ought to lay the whole Body that we represent alike easie Nonconformists as well as Conformists for we were chosen by both and with that Intention that we should oppress neither To lay one part therefore of the Body on a Pillow and the other on a Rack sorts our Wisdom little but our Justice worse You now see all our Shapes save only the Indigents concerning whom I need say but little for their Votes are publickly saleable for a Guinea and a Dinner every Day in the Week unless the House be upon Money or a Minister of State For that is their Harvest and then they make their Earnings suit the Work they are about which inclines them most constantly as sure Cliants to the Court. For what with gaining the one and saving the other they now and then adventure a Vote on the Country side but the dread of Dissolution makes them strait tack about The only thing we are obliged to them for is that they do nothin Gratis but make every Tax as well Chargeable to the Court as burthensom to the Countrey and save no Mans Neck but they break his Purse And yet when all is said did but the Countrey Gentry rightly understand the Interest of Liberty Let the Courtiers and Indigents do what they could they might yet at last deserve the Name of a worthy English Parliament which that we may do is not more passionately your Desire then it also is of SIR Your most Humble Servant T. E. A SPEECH MADE BY Sir William Scrogg ONE OF HIS Majesties Sergeants at Law To the Right Honourable the Lord High Chancellor Of ENGLAND AT HIS Admission to the Place of One of His Majesties Justices of the Court of Common-Pleas My Lord THAT the King's Favour is the Effect of the Duty I have paid him which your Lordship is pleas'd to call Service is the most welcome and pleasing part of his Kindness and I trust we shall still see such Times that no Man shall hope to have it or keep it on any other Account The right Application of Rewards and Punishments is the steady Justice of a Nation where though the Rewards of Kings exceed what a Subject can merit they should never reach him that demerits To return Good for Evil may be an Obligation of Charity It is never of Bounty And the taking off as they call it of an Ambitious and therefore a Factious Man by Favours is the worst way to stop or open his Mouth for he will whisper one way louder then he will speak the other And when you think you gain one Enemy you make many On such an Occasion as this I think it very proper to give your Lordship some Account what Considerations I have had in order to the Discharge of my Duty in this Place since the King 's first Intimations of his Pleasure And that respects Matters either as they stand betwixt the King and his People or betwixt Man and Man As for the First I know that the Law gives such Prerogatives to the King that to endeavour more were to desire worse and it gives to the People such Liberties that more would be Licentious What then hath a Man to do that hath Courage enough to be Honest but to Apply his Understanding to the Ministration of those Laws justly to both wherein I may say that the Cases will be rare that will be difficult in themselves They may be made so from sinister Causes when Men thinking to serve a Turn or like Pilate to please the People deliver up that which is Right to be Crucified Then they are fain to rack their Fancies to make good their Faults This makes such nice Distinctions and such strained Constructions till they leave nothing plain in the World Whereas in truth the Duty we owe to the King and his People is like the Duty we owe to God not hard to understand whatever it is to Practise This Court My Lord 't is true is properly a Court of Meum and Tuum where Prerogative and Liberty are seldom Plaintiffs or Defendants but yet 't is certain that even in private Causes Matter of Government many times intervenes and the Publick is concern'd by Consequence And therefore I think it fair and like English Honesty and Plainness something to unveil one's self in that particular that Men may know before-hand what they may expect And herein I do declare I would no more wrong or lessen the People's Liberties then I would sacrifice up my Son But then I will no more derogate from the King's Prerogative then I would betray my Father My Lord In time when Faction is so bold as to be bare-fac'd and false and seditious News is openly talk'd and greedily embrac'd when the King 's reasonable Demands are disputed and turned into Cavils and those that oppose 'em talk confidently and those that should maintain 'em speak fearfully and tenderly when the Reverence we owe to the King is paid to the People the Government is beset the King is in Danger and there is nothing wanting but Opportunity But when to prevent that Opportunity Men are afraid and hold it dangerous to avoid the Danger when we dare not call a Crime by its right name and for some find none and a Mischief must be effected before we will think it one When dangerous Attempts are minc'd and by some trivial difference Treason is distinguish'd into a Trespass when Men are forward and ventrous enough in what thwarts the Government but in supporting it seem grave and cautious nice and timorous and so fill'd with Prudentials till they are as wise as fear can make 'em The Law is enervated and becomes useless to its greatest end which is the Preservation of the whole 'T is true in Publick Causes the same Integrity is necessary as in Private But that is but part of a Judge's Duty He must be Magnanimous as well as Virtuous And I acknowledge it to be a main and principal part of my Duty as it relates to the King and his People with hearty Resolution to suppress all open Force and private Confederacies not thinking any thing little that attempts the Publick Safety for when the Motives are small the Danger is greater when Discontents exceed their Causes And for the Discharge of my Duty betwixt Party and Party it is impossible to be performed without these two Cardinal Virtues Temper and Cleanness of Hands Temper comprehends Patience Humility and Candor It seems to me that Saying Be quick
be grantable against the Commissioners upon the Statute of 2 H. 5. if they do not deliver the Copy of the Libel to the Party Whereto they all answered That that Statute is intended where the Ecclesiastical Judge proceeds ex Officio ore tenus Thirdly Whether it were an Offence punishable and what Punishment they deserved who framed Petitions and collected a multitude of hands thereto to prefer to the King in a publick cause as the Puritans had done with an intimation to the King That if he denied their Sute many thousands of his Subjects would be discontented Whereto all the Justices answered That it was an Offence finable at Discretion and very near to Treason and Felony in the Punishment For they tended to the raising of Sedition Rebellion and Discontent among the People To which Resolution all the Lords agreed And then many of the Lords declared That some of the Puritans had raised a false Rumor of the King how he intended to grant a Toleration to Papists Which Offence the Justices conceived to be heinously finable by the Rules of the Common Law either in the Kings Bench or by the King and his Councel or now since the Statute of 3 H. 7. in the Star-Chamber And the Lords severally declared how the King was discontented with the said false Rumor and had made but the Day before a Protestation unto them that he never intended it and that he would spend the last drop of Bloud in his Body before he would do it and prayed that before any of his Issue should maintain any other Religion than what he truly professed and maintained that God would take them out of the World I doubt not but yourself and every English Protestant will joyn with this Royal Petitioner and will heartily say Amen But you desire to know if I think the Resolution of the Judges in this case ought to deter us from humbly Petitioning his Majesty that this Parliament may effectually sit on the 26th day of January next In order to this give me leave to observe to you As it is most certain that a great Reverence is due to the Unanimous Opinion of all the Judges so there is a great difference to be put between the Authority of their Judgments when solemnly given in Cases depending before them and their sudden and extrajudicial Opinions The Case of Ship-money it self is not a better proof of this than that which you have now read as you will now see if you consider distinctly what they say to the several Questions proposed to them As to their Answer to the first Question it much concerns the Reverend Clergy to enquire whither they did not mistake in it And whether the King by his Proclamation can make new constitutions and oblige them to obedience under the Penalty of Deprivation Should it be so and should this unhappy Kingdom ever suffer under the Reign of a Popish Prince he might easily rid himself of such obstinate Hereticks and leave his Ecclesiastical Preferments open for Men of better Principles He will need only to publish a Proclamation that Spittle and Salt should be used in Baptism that Holy-water should be used and Images set up in Churches and a few more such things as these and the Business were effectually done But if you will believe my Lord Chief Justice Cook 12. Co. 19. 12. Co. 49. he will tell you that it was agreed by all the Judges upon Debate Hill 4to Jacobi that the King cannot change his Ecclesiastical Law and you may easily remember since the whole Parliament declared That he could not alter or suspend them I have the uniform Opinion of all the Judges given upon great Deliberation Co. Mag. Char. 616. Mich. 4to Jac. to justifie me if I say that our Judges here were utterly mistaken in the Answer which they gave to the second Question I will not cite the numerous subsequent Authorities since every man knows that it is the constant practice of Westminster-Hall at this Day to grant Prohibitions upon refusal to give a Copy of Articles where the Proceedings in the Ecclesiastical Courts are ex Officio You see there was a kind of ill Fate upon the Judges this day as usually there was when met in the Star-chamber and that they were very unfortunate in answering two of the three Questions proposed to them let us go on to consider what does principally concern us at present their Answer to the last Question You have just done reading it and therefore I need not repeat to you either the Doubt or the Solution of it but one may be allowed to say modestly that it was a sudden Answer 'T is possible the Lords then present were well enough inform'd when they were told that such kind of Petitioning was an Offence next to Treason and Felony but I dare be so bold as to say That at this Day not a Lawyer in England would be the wiser for such an Answer they would be confounded and not know whether it were Misprision of Treason which seems an Offence nearest to Treason or Petty-larceny which seems nearest to Felony You will be apt to tell me that I mistake my Lords the Judges and they spoke not of the nature of the crime but the manner of the Punishment but this will mend the matter but little for since the Punishments of those two Crimes are so very different you are still as much in the dark as ever what these ambiguous words mean Well but we will agree that the Crime about which the Enquiry was made was a very great one When Men arrive to such Insolence as to threaten their Prince it will be but little excuse to them to call their Menaces by the soft and gentle Name of Petitions But you would know for what and in what manner we are at present to Petition 13 Car. 2. c. 5 and I will give you a plain and infallible Rule It is the Statute 13 Car. 2. c. 5. Be it enacted c. that no person or persons whatsoever shall solicite labour or procure the getting of hands or other consent of any persons above the number of twenty or more to any Petition Complaint Remonstance Declaration or other Addresses to the King or both or either Houses of Parliament for alteration of matters established by Law in Church or State unless the matter thereof have been first consented to and ordered by three or more Justices of the County or by the major part of the Grand Jury of the County or Division of the County where the same matter shall arise at their publick Assizes or General Quarter-Sessions or if arising in London by the Lord Mayor Aldermen and Commons in Common Council assembled and that no person or persons whatsoever shall repair to His Majesty or both or either of the Houses of Parliament upon Pretence of presenting or delivering any Petition Complaint Remonstrance or Declaration or other Addresses accompanied with excessive Number of People not at
by certain Noblemen and others of our Kingdom of Ireland suggesting Disorders and Abuses as well in the Proceedings of the late begun Parliament as in the Martial and Civil Government of the Kingdom We did receive with extraordinary Grace and Favour And by another Proclamation in the 12th year of his Reign Procl 12 Jac. he declares That it was the Right of his Subjects to make their immediate Addresses to him by Petition and in the 19th year of his Reign he invites his Subjects to it And in the 20th year of his Reign Procl Dat. 10 July 19. Jac. Procl Dat. 14. Feb. 20. Jac. he tells his People that his own and the Ears of his Privy Council did still continue open to the just Complaints of his People and that they were not confined to Times and Meetings in Parliament nor restrained to particular Grievances not doubting but that his loving Subjects would apply themselves to his Majesty for Relief to the utter abolishing of all those private whisperings and causless Rumors which without giving his Majesty any Opportunity of Reformation by particular knowledge of any Fault serve to no other purpose but to occasion and blow abroad Discontentment It appears Lords Journ Anno 1640. that the House of Lords both Spiritual and Temporal Nemine contradicente Voted Thanks to those Lords who Petitioned the King at York to call a Parliament And the King by his Declaration Printed in the same year Declar. 1644. declares his Royal Will and Pleasure That all his Loving Subjects who have any just cause to present or complain of any Grievances or Oppressions may freely Address themselves by their humble Petitions to his Sacred Majesty who will graciously hear their Complaints Since his Majesty's happy Restauration Temp. Car. 2. the Inhabitants of the County of Bucks made a Petition That their County might not be over-run by the Kings Deer and the same was done by the County of Surry on the same Occasion 'T is time for me to conclude your trouble I suppose you do no longer doubt but that you may joyn in Petition for a Parliament since you see it has been often done heretofore nor need you fear how many of your honest Countreymen joyn with you since you hear of Petitions by the whole Body of the Realm and since you see both by the Opinions of our Lawyers by the Doctrine of our Church and by the Declarations of our Kings That it is our undoubted Right to Petition Nothing can be more absurd than to say That the number of the Supplicants makes an innocent Petition an Offence on the contrary if in a thing of this Publick concernment a few only should address themselves to the King it would be a thing in it self ridiculous the great end of such Addresses being to acquaint him with the general desires of his People which can never be done unless multitudes joyn How can the Complaints of the diffusive Body of the Realm reach his Majesty's Ears in the absence of a Parliament but in the actual concurrence of every individual Person in Petition for the personal application of multitudes is indeed unlawful and dangerous Give me leave since the Gazette runs so much in your mind Stat. 13. Car. 2. c. 5. to tell you as I may modestly enough do since the Statute directs me what answer the Judges would now give if such another Case were put to them as was put to the Judges 2 Jacobi Suppose the Nonconformists at this day as the Puritans then did should sollicite the getting of the hands of Multitudes to a Petition to the King for suspending the Execution of the Penal Laws against themselves the present Judges would not tell you that this was an Offence next to Treason or Felony nor that the Offenders were to be brought to the Council-board to be punished but they would tell you plainly and distinctly That if the hands of more Persons than twenty were solicited or procured to such a Petition and the Offenders were convicted upon the Evidence of two or more credible Witnesses upon a Prosecution in the Kings-bench or at the Assizes or Quarter Sessions within six Months they would incur a Penalty not exceeding a 100 l. and three Months Imprisonment because their Petition was to change a matter establisht by Law But I am sure you are a better Logician than not to see the difference which the Statute makes between such a Petition which is to alter a thing establisht by Law and an innocent and humble Petition That a Parliament may meet according to Law in a time when the greatest Dangers hang over the King the Church and the State The Right Honourable the Earl of Shaftsbury 's Speech in the House of Lords March 25. 1679. My Lords YOU are appointing of the Consideration of the State of England to be taken up in a Committee of the whole House some day next Week I do not know how well what I have to say may be received for I never study either to make my Court well or to be Popular I always speak what I am commanded by the Dictates of the Spirit within me There are some other Considerations that concern England so nearly that without them you will come far short of Safety and Quiet at Home We have a little Sister and she hath no Breasts what shall we do for our Sister in the day when she shall be spoken for If she be a Wall we will build on her a Palace of Silver if she be a Door we will inclose her with Boards of Cedar We have several little Sisters without Breasts the French Protestant Churches the two Kingdoms of Ireland and Scotland The Foreign Protestants are a Wall the only Wall and Defence to England upon it you may build Palaces of Silver glorious Palaces The Protection of the Protestants abroad is the greatest Power and Security the Crown of England can attain to and which can only help us to give Check to the growing Greatness of France Scotland and Ireland are two Doors either to let in Good or Mischief upon us they are much weakened by the Artifice of our cunning Enemies and we ought to inclose them with Boards of Cedar Popery and Slavery like two Sisters go hand in hand sometimes one goes first sometimes the other in a doors but the other is always following close at hand In England Popery was to have brought in Slavery in Scotland Slavery went before and Popery was to follow I do not think your Lordships or the Parliament have Jurisdiction there It is a Noble and Ancient Kingdom they have an illustrious Nobility a Gallant Gentry a Learned Clergy and an Understanding Worthy People but yet we cannot think of England as we ought without reflecting on the Condition therein They are under the same Prince and the Influence of the same Favourites and Councils when they are hardly dealt with can we that are the Richer expect better usage for 't is
said Report Resolved Nemine contradicente THat Richard Thompson Clerk hath publickly defamed his Sacred Majesty preached Sedition vilified the Reformation promoted Popery by asserting Popish Principles decrying the Popish Plot and turning the same upon the Protestants and endeavoured to subvert the Liberty and Property of the Subject and the Rights and Privileges of Parliament and that he is a Scandal and Reproach to his Function And that the said Richard Thompson be impeached upon the said Report and Resolution of the House And a Committee is appointed to prepare the said Impeachment and to receive further Instructions against him and to send for Persons Papers and Records Articles of Impeachment of Sir William Scroggs Chief Justice of the Court of King ' s-Bench by the Commons in this present Parliament Assembled in their own Name and in the Name of all the Commons of England of High-Treason and other great Crimes and Misdemeanors I. THat he the said Sir William Scroggs then being Chief Justice of the Court of King's Bench hath traiterously and wickedly endeavoured to subvert the Fundamental Laws and the Establisht Religion and Government of this Kingdom of England and instead thereof to introduce Popery and an Arbitrary and Tyrannical Government against Law which he has declared by divers Traiterous and Wicked Words Opinions Judgments Practices and Actions II. That he the said Sir William Scroggs in Trinity Term last being then Chief Justice of the said Court and having taken an Oath duly to Administer Justice according to the Laws and Statutes of this Realm in pursuance of his said Traiterous Purposes did together with the rest of the said Justices of the same Court several days before the end of the said Term in an Arbitrary manner discharge the Grand Jury which then served for the Hundred of Oswaldston in the County of Middlesex before they had made their Presentments or had found several Bills of Indictment which were then before them whereof the said Sir William Scroggs was then fully informed and that the same would be tendered to the Court upon the last day of the said Term which day then was and by the known Course of the said Court hath always heretofore been given unto the said Jury for the delivering in of their Bills and Presentments by which sudden and illegal Discharge of the said Jury the Course of Justice was stopt maliciously and designedly the Presentments of many Papists and other Offenders were obstructed and in particular a Bill of Indictment against James Duke of York for absenting himself from Church which was then before them was prevented from being proceeded upon III. That whereas one Henry Carr had for some time before Publish'd every week a certain Book Intituled The weekly Packet of advice from Rome Or the History of Popery wherein the Superstitions and Cheats of the Church of Rome were from time to time exposed he the said Sir William Scroggs then Chief Justice of the Court of King's Bench together with the other Judges of the said Court before any Legal Conviction of the said Carr of any Crime did in the same Trinity Term in a most Illegal and Arbitrary manner make and cause to be entred a certain Rule of that Court against the Printing of the said Book in Haec Verba Dies Mercurii proxime post tres Septimanas Sanctae Trinitatis Anno 32 Car. II. Regis ORdinatum est quod Liber intitulat ' The weekly Packet of Advice from Rome Or The History of Popery Non ulterius imprimatur vel publicetur per aliquam personam quamcunque Per Cur ' And did cause the said Carr and divers Printers and other Persons to be served with the same which said Rule and other Proceedings were most apparently contrary to all Justice in Condemning not only what had been written without hearing the Parties but also all that might for the future be written on that Subject A manifest countenancing of Popery and discouragement of Protestants an open Invasion upon the Right of the Subject and an encroaching and assuming to themselves a Legislative Power and Authority IV. That he the said Sir William Scroggs since he was made Chief Justice of the King 's Bench hath together with the other Judges of the said Court most notoriously departed from all Rules of Justice and Equality in the Imposition of Fines upon Persons convicted of Misdemeanours in the said Court and particularly in the Term of Easter last past did openly declare in the said Court in the Case of one Jessop who was convicted of Publishing False News and was then to be sined That he would have regard to Persons and their Principles in imposing of Fines and would set a Fine of 500 l. on one Person for the same Offence for the which he would not Fine another 100 l. And according to his said Unjust and Arbitrary Declaration he the said Sir Will. Scroggs together with the said other Justices did then impose a Fine of 100 l. upon the said Jessop although the said Jessop had before that time proved one Hewit to be convicted as Author of the said false News and afterwards in the same Term did fine the said Hewit upon his said Conviction only five Marks Nor hath the said Sir Will. Scroggs together with the other Judges of the said Court had any regard to the Nature of the Offences or the Ability of the Persons in the imposing of Fines but have been manifestly partial and favourable to Papists and Persons affected to and promoting the Popish Interest in this time of imminent Danger from them And at the same time have most severely and grievously oppressed his Majesty's Protestant Subjects as will appear upon view of the several Records of Fines set in the said Court By which arbitrary unjust and partial Proceedings many of his Majesty's Liege People have been ruined and Popery countenanced under colour of Justice and all the Mischiefs and Excesses of the Court of Star-Chamber by Act of Parliament suppressed have been again in direct opposition to the said Law introduced V. That he the said Sir Will. Scroggs for the further accomplishing of his said traiterous and wicked Purposes and designing to subject the Persons as well as the Estates of his Majesty's Liege People to his lawless Will and Pleasure hath frequently refused to accept of Bail though the same were sufficient and legally tendered unto him by many Persons accused before him only of such Crimes for which by Law Bail ought to have been taken and divers of the said Persons being only accused of Offences against himself declaring at the same time That he refused Bail and committed them to Gaol only to put them to Charges and using such furious Threats as were to the terrour of his Majesty's Subjects and such scandalous Expressions as were a dishonour to the Government and to the Dignity of his Office And particularly That he the said Sir Will. Scroggs did in the Year 1679 commit and detain in Prison in such
being accompanied with several other Lords at the Delivery thereof thus expressed himself The Earl of Essex's Speech at the Delivering the following Petition to His most Sacred Majesty Jan. 25. 1680. May it please your Majesty THe Lords here present together with divers other Peers of the Realm taking notice that by Your late Proclamation Your Majesty has declared an intention of calling a Parliament at Oxford and observing from History and Records how unfortunate many Assemblies have been when called at a Place remote from the Capital City as particularly the Congress in Henry the Second's time at Clarendon Three several Parliaments at Oxford in Henry the Third's time and at Coventry in Henry the Sixth's time With divers others which have proved very fatal to those Kings and have been followed with great mischief on the whole Kingdom And considering the present posture of affairs the many jealousies and discontents which are amongst the People We have great Cause to apprehend that the consequences of a Parliament now at Oxford may be as fatal to Your Majesty and the Nation as those others mentioned have been to the then Reigning Kings and therefore we do conceive that we cannot answer it to God to Your Majesty or to the People If we being Peers of the Realm should not on so Important an Occasion humbly offer our advice to Your Majesty that if possible Your Majesty may be prevailed with to alter this as we apprehend unseasonable Resolution The Grounds and Reasons of our Opinion are contained in this our Petition which We humbly Present to Your Majesty To the King 's most Excellent Majesty The Humble Petition and Advice of the Lords under-named Peers of the Realm Humbly Sheweth THat whereas Your Majesty hath been pleased by divers Speeches and Messages to Your Houses of Parliament rightly to represent to them the Dangers that Threatned Your Majesty's Person and the whole Kingdom from the Mischievous and wicked Plots of the Papists and the sudden Growth of a Foreign Power unto which no stop or remedy could be Provided unless it were by Parliament and an Union of Your Majesty's Protestant Subjects in one Mind and one Interest And the Lord Chancellor in Pursuance of Your Majesty's Commands having more at large Demonstrated the said Dangers to be as great as we in the midst of our Fears could Imagine them and so pressing that our Liberties Religion Lives and the whole Kingdom would be certainly Lost if a speedy Provision were not made against them And Your Majesty on the 21st of April 1679. Having called unto your Council many Honourable and Worthy Persons and declared to them and the whole Kingdom That being sensible of the evil Effects of a single Ministry or private Advice or Forreign Committee for the General Direction of your Affairs Your Majesty would for the future Refer all things unto that Council and by the constant Advice of them together with the frequent use of your great Council the Parliament Your Majesty was hereafter Resolved to Govern the Kingdoms We began to hope we should see an end of our Miseries But to our unspeakable Grief and Sorrow we soon found our Expectations Frustrated The Parliament then subsisting was Prorogued and Dissolved before it could perfect what was intended for our Relief and Security and though another was thereupon called yet by many Prorogations it was put off till the 21st of October past and notwithstanding Your Majesty was then again pleased to acknowledge that neither Your Person nor Your Kingdom could be safe till the matter of the Plot was gone thorow It was unexpectedly Prorogued on the 10th of this Month before any sufficient Order could be taken therein all their Just and Pious Endeavours to save the Nation were overthrown the good Bills they had been Industriously preparing to Unite all Your Majesties Protestant Subjects brought to nought The discovery of the Irish Plot stifled The Witnesses that came in frequently more fully to declare That both of England and Ireland discouraged Those Forreign Kingdoms and States who by a happy conjunction with us might give a Check to the French Power disheartned even to such a Despair of their own Security against the growing greatness of that Monarch as we fear may induce them to take new Resolutions and perhaps such as may be fatal to us The Strength and Courage of our Enemies both at home and abroad increased and our selves left in the utmost danger of seeing our Country brought into utter Desolation In these Extremities we had nothing under God to comfort us but the Hopes that Your Majesty being touched with the Groans of Your perishing People would have suffered Your Parliament to meet at the Day unto which it was Prorogued and that no further interruption should have been given to their Proceedings in Order to their saving of the Nation But that failed us too For then we heard that Your Majesty by the private suggestion of some Wicked Persons Favourers of Popery Promoters of French Designs and Enemies to Your Majesty and the Kingdom without the Advice and as we have good Reason to believe against the Opinion even of Your Privy-Council had been prevailed with to Dissolve it and to call another to meet at Oxford where neither Lords nor Commons can be in Safety but will be daily exposed to the Sword of the Papists and their Adherents of whom too many are crept into Your Majesties Guards The Liberty of speaking according to their Consciences will be thereby Destroyed and the Validity of all their Acts and Proceedings consisting in it left Disputable The Straitness of the Place no way admits of such a concourse of Persons as now follows every Parliament the Witnesses which are necessary to give Evidence against the Popish Lords such Judges or others whom the Commons have Impeached or had resolved to Impeach can neither bear the Charge of going thither nor trust themselves under the Protection of a Parliament that is it self Evidently under the power of Guards and Soldiers The Premises considered We Your Majesties Petitioners out of a Just Abhorrence of such a dangerous and pernicious Council which the Authors have not dared to avow and the direful Apprehensions of the Calamities and Miseries that may ensue thereupon do make it our most Humble Prayer and Advice That the Parliament may not sit at a Place where it will not be able to Act with that Freedom which is necessary and especially to give unto their Acts and Proceedings that Authority which they ought to have amongst the People and have ever had unless Impaired by some Awe upon them of which there wants not Precedents And that Your Majesty would be graciously pleased to Order It to Sit at Westminster it being the usual Place and where they may Consult and Act with Safety and Freedom And your Petitioness shall ever Pray c. Monmouth Kent Huntington Bedford Salisbury Clare Stanford Essex Shaftsbury Mordant Evers Paget Grey Herbert Howard Delamer The Counties
measure hard to be prosecute with such a deadly Dilemma of either Treason or Perjury for you see in their account if the Earl swear with an Explanation his Life is knockt down by Treason and if without an Explanation his Honour which is dearer to him than his Life is run thorow with Perjury But to compleat a fancy beyond Bedlam The Advocate urges and several Assizers agree at the same time to condemn the Earl as perjured for not explaining and for Treason for explaining Quis talia fando In the next place the Earl's Papers contain some thoughts and endeavours to remove certain mistakes which he had good ground to believe did so much prompt and precipitate the Judges to pronounce so important a Sentence against him upon so weak and sandy foundations and which were indeed either meer fancies or so frivolous that though they were true they could never excuse them before men far less exoner them before God Almighty Where laying down a true ground that nunquam concluditur in criminalibus c. and withal representing how his Advocates were questioned in so extraordinary a manner for signing their Opinion which you have above Num. 32. Where you may see how fair just and safe it was that now they dare no more plead for him He says He cannot be denied to plead for himself as he best may The first ground of mistake then that he was to represent was that he knew it had been told them it was very much His Majesty's Interest and necessary for the support of the Government to devest and render him uncapable of publick Trust Which words had been oft said and said to himself to persuade him that there was no further rigour intended But as he is very confident our gracious King will never upon any such pretence allow any innocent Person to be condemned far less to be destroyed in a picque or frolick where his Majesty can reap no advantage So he is persuaded His Majesty hath no design to render him miserable far less to cut him off without a cause And therefore concludes it is only his misfortune in his present circumstances never having access to nor being heard by his Majesty nor the Case perfectly understood by him that hath made His Majesty give so much as way to a Process to be raised or led far less to a Sentence to be pronounced against him But in effect as this Affair hath been managed all alongs and so many engaged in so extraordinary ways to act and write against him first and last nothing should appear strange or surprising However as their own Consciences and God Almighty knows how they have been brought to meddle and act as they have done So one day or other the World may likewise know it A second ground of mistake which he says may impose upon them is a confidence of His Majesty's Pardon intended for him a pretence only given out to render the Condemnation more easie yet indeed least wished for by those who were readiest to spread the report and whereof the Earl had indeed more confidence than any that talked of it if His Majesty were left to himself and had the Case fully and truly represented to him but as His Majesty needs not this false occasion to make his clemency appear which is so well known over all his Dominions by far more true and genuine discoveries so it were the heighth of injustice in their Lordships of the Justiciary to proceed to sentence against him upon such Apprehensions in case in their hearts they believe him innocent as he certainly knows they do besides they cannot but see their acting upon so unjust a ground will not only stain their names and memories but instead of alleviating rather aggravate their guilt both in their own Consciences when they reflect on it in cold blood and in the sight of God Almighty And if His Majesty on importunity and a third Application should give way to execution as he hath already given way first to the Process and then to the Sentence or if as some may design Execution shall be adventured on without the formality of a new Order as the Process was at first commenced before His Majesty's return and so is not impossible would not their Lordships be as guilty of his blood as if they had cut his Throat And in effect these are the grounds and Excuses pretended at this day in private by such of his Judges for their procedour who are not yet come to have the confidence at all Occasions to own directly what they have done A third reason why his Exculpation was not allowed he says might be because the sustaing of it might have brought other Explanations above-board and discover both these who had made and those who had accepted them and perhaps not have left their own Bench untouched But as this Artifice will not keep up the Secret And as this way of shifting is neither just nor equal so to all interested it is the meanest of Security For his Majesty's Advocate hath already told us that His Majesty's Officers can never wrong him And although the Lords and He shauld conceal what others had done it might make themselves more guilty but not prove any Exoneration to those concerned without a down-right Remission Whereas it is manifest That if their Lordships had admitted the Earl's Exculpation upon the sure and evident grounds therein contained it would not only have answered the Justice of his Case but vindicated all concerned And lastly he was to tell them that possibly they might be inclined to go on because they were already so far engaged as they knew not how to retreat with their honour but as there can be no true honour where there is manifest wrong and injustice so in the frail and fallible condition of humane things there can be no delusion more dangerous and pernicious than this that unum scelus est alio scelere tegendum And here the Earl thought to lay before them very plainly and pertinently some remarkable and excellent Rules whereby L. Chief Justice Hales a renowned Judge of our Neighbour-Nation tells he did govern himself in all Criminal Cases which adds the Earl if they took a due impression would certainly give them peace and joy when all the vain Considerations that now amuse will avail them nothing The Rules are these I. Not to be rigid in matters purely conscientious where all the harm is diversity of Judgment II. That Popular or Court-applause or distaste have no influence on any thing is to be done in point of distribution of Justice III. In a criminal Case if it be a measuring cast then to incline to mercy and acquittal IV. In criminal things that consist only of words where no harm ensues moderation is then no injustice V. To abhor all private Solicitations of what kind soever and by whomsoever VI. In matters depending not to be solicitous what men will say or think so long as the rule of
alledged irrelevancy thereof That in time coming all Criminal Libels shall contain that the persons complained on are Art and Part of the Crimes Libelled which shall be relevant to accuse them thereof swa that no exception or objection take away that part of the Libel in time coming He says That he finds no Act of Parliament more unreasonable for the Statutory part of that Act committing the Tryal of Art and Part to Assizers seems most unjust Seeing in committing the greatest questions of the Law to the most ignorant of the Subjects it puts a sharp Sword into the hands of blind men And the reason of this Act specified in the Narrative is likewise most inept and no ways illative c. What Reproaches What Blasphemies The Earl said not one word against any Act of Parliament But on the contrary That he was confident the Parliament intended no contradiction and that he was willing to take the Test in the Parliaments sense But here the Advocate both says and Prints it That an Act of Parliament is most unreasonable and most unjust and it's reason most inept and that it puts a sharp Sword in the hands of blind men Whereof the smallest branch is infinitely more reproachful than all can be strained out of the Earl's words But Sir Speculation is but Speculation and if the Advocate when his day comes be as able to purge himself of Practical Depravations as I am inclined to excuse all his Visionary Lapses notwithstanding of the famous Title Quod quisque juris in alterum statuorit ut ipse eodem jure utatur he shall never be the worse of my censure Murther will out Or the King's Letter justifying the Marquess of Antrim and declaring That what he did in the Irish Rebellion was by Direction from his Royal Father and Mother and for the service of the Crown Ireland Aug. 22. 1663. Ever honoured Sir LAST Thursday we came to Trial with my Lord Marquess of Antrim but according to my Fears which you always surmised to be in vain he was by the King 's Extraordinary and Peremptory Letter of Favour restored to his Estate as an Innocent Papist We proved Eight Qualifications in the Act of Settlement against him the least of which made him uncapable of being restored as Innocent We proved 1. That he was to have a hand in surprizing the Castle of Dublin in the Year 1641. 2. That he was of the Rebels Party before the 15th of September 1643. which we made appear by his hourly and frequent intercourse with Renny O Moore and many others being himself the most notorious of the said Rebels 3. That he entered into the Roman-Catholick Confederacy before the Peace in 1643. 4. That he constantly adhered to the Nuncio's Party in opposition to his Majesty's Authority 5. That he sate from time to time in the Supream Council of Kilkenny 6. That he signed that execrable Oath of Association 7. That he was Commissionated and acted as Lieutenant-General from the said Assembly at Kilkenny 8. That he declared by several Letters of his own penning himself in Conjunction with Owen Ro Oneale and a constant Opposer to the several Peaces made by the Lord Lieutenant with the Irish We were seven hours by the Clock in proving our Evidence against him but at last the King's Letter being opened and read in Court Rainsford one of the Commissioners said to us That the King's Letter on his behalf was Evidence without Exception and thereupon declared him to be an Innocent Papist This Cause Sir hath tho many Reflections hath passed upon the Commissioners before more startled the Judgments of all men than all the Tryals since the beginning of their sitting and it is very strange and wonderful to all of the Long Robe that the King should give such a Letter having divested himself of that Authority and reposed the Trust in the Commissioners for that purpose And likewise it is admired that the Commissioners having taken solemn Oaths To execute nothing but according to and in pursuance of the Act of Settlement should barely upon his Majesty's Letter declare the Marquess Innocent To be short There never was so great a Rebel that had so much favour from so good a King And it is very evident to me though young and scarce yet brought upon the stage that the consequence of these things will be very bad and if God of his extraordinary mercy do not prevent it War and if possible greater Judgments cannot be far from us where Vice is Patroniz'd and Antrim a Rebel upon Record and so lately and clearly proved one should have no other colour for his Actions but the King 's own Letter which takes all Imputations from Antrim and lays them totally upon his own Father Sir I shall by the next if possible send you over one of our Briefs against my Lord by some Friend It 's too large for a Pacquet it being no less in bulk than a Book of Martyrs I have no more at present but refer you to the King's Letter hereto annexed CHARES R. RIght Trusty and well-beloved Cousins and Counsellors c. We greet you well How far we have been from interposing on the behalf of any of our Irish Subjects who by their miscarriages in the late Rebellion in that Kingdom of Ireland had made themselves unworthy of Our Grace and Protection is notorious to all men and We were so jealous in that particular that shortly after Our return into this Our Kingdom when the Marquess of Antrim came hither to present his duty to Us upon the Information We received from those Persons who then attended Us by a Deputation from Our Kingdom of Ireland or from those who at that time owned our Authority there that the Marquess of Antrim had so misbehaved himself towards Us and Our late Royal Father of blessed memory that he was in no degree worthy of the least Countenance from Us and that they had manifest and unquestionable Evidence of such his guilt Whereupon We refused to admit the said Marquess so much as into Our Presence but on the contrary committed him Prisoner to our Tower of London where after he had continued several Months under a strict restraint upon the continual Information of the said Persons We sent him into Ireland without interposing the least on his behalf but left him to undergo such a Tryal and Punishment as by the Justice of that Our Kingdom should be found due to his Crime expecting still that some heinous Matter would be objected and proved against him to make him uncapable and to deprive him of that Favour and Protection from Us which we knew his former Actions and Services had merited After many months attendance there and We presume after such Examinations as were requisite he was at last dismissed without any Censure and without any transmission of Charge against him to Us and with a License to transport himself into this Kingdom We concluded that it was then time to give him
That Parliaments are part of the frame of the Common-Law which is laid in the Law and Light of Nature right Reason and Scripture 2. That according to this Moral Law of Equity and Righteousness Parliaments ought frequently to meet for the common peace safety and benefit of the People and support of the Government 3. That Parliaments have been all along esteemed an essential part of the Government as being the most ancient honourable and Sovereign Court in the Nation who are frequently and perpetually to sit for the making and abolishing Laws Redressing of Grievances and see to the due administration of Justice 4. That as to the place of Meeting it was to be at London the Capital City the Eye and Heart of the Nation as being not only the Regal Seat but the principal place of Judicature and residence of the chief Officers and Courts of Justice where also the Records are kept as well as the principal place of Commerce and Concourse in the Nation and to which the People may have the best recourse and where they may find the best accommodation 5. The Antiquity of Parliaments in this Nation which have been so ancient that no Record can give any account of their Beginning my Lord Coke thus tracing them from the Britains through the Saxons Danes and Normans to our days So that not to suffer Parliaments to sit to answer the great ends for which they were Instituted is expresly contrary to the Common Law and so consequently of the Law of God as well as the Law of Nature and thereby Violence is offered to the Government it self and Infringement of the Peoples fundamental Rights and Liberties Secondly What we find hereof in the Statute-Law The Statute Laws are Acts of Parliament which are or ought to be only Declaratory of the Common Law which as you have heard is founded upon right Reason and Scripture for we are told that if any thing is Enacted contrary thereto it is void and null As Coke Inst l. 2. c 29. f. 15. Finch p. 3. 28 H. 8. c. 27. Doct. and Stud. The first of these Statures which require the frequent Meeting and Sitting of Parliaments agreeable to the Common Law we find to be in the time of Ed. 3. viz. 4 Ed. 3. ch 14. In these words ' Item It is accorded that a Pariament shall be holden every year once or more often if need be The next is in the 36 of the same K. Ed. 3. c. 10. viz. Item For the maintenance of the said Articles and Statutes and Redressing of divers Mischiefs and Grievances which dayly happen a Parliament shall be holden every year as at another time was ordained by a Statute viz. the aforementioned in his 4th year And agreeable hereto are those Statutes upon the Rolls viz. 5 Ed. 2. 1 R. 2. No. 95. By which Statutes it appeareth That Parliaments ought annually to meet to support the Government and to redress the Grievances which may happen in the Interval of Parliaments That being the great End proposed in their said Meetings Now for Parliaments to meet Annually and not suffered to sit to Answer the Ends but to be Prorogued or Dissolved before they have finished their Work would be nothing but a deluding the Law and a striking at the foundation of the Government it self and rendering Parliaments altogether useless for it would be all one to have No Parliaments at all as to have them turn'd off by the Prince before they have done that that they were called and intrusted to do For by the same Rule whereby they may be so turn'd off one Session they may be three Sessions and so to threescore to the breaking of the Government and introducing Arbitrary Power To prevent such intollerable Mischiefs and Inconveniencies are such good Laws as these made in this King's time and which were so Sacredly observed in after times That it was a Custom especially in the Reigns of H. 4. H 5. H. 6. to have a Proclamation made in Westminster-Hall before the end of every Session * An honest and a necessary Proclamation to be made every Parliament That all those who had any matter to present to the Parliament should bring it in before such a day for otherwise the Parliament at that day should Determine Whereby it appears the People were not to be eluded nor disappointed by surprizing Prorogations and Dissolutions to frustrate and make void the great ends of Parliaments And to this purpose saith a late Learned Author That if there was no Statute or any thing upon record extant concerning the Parliaments sitting to redress grievances yet that I must believe that it is so by the fundamental Law of the Government which must be lame and imperfect without it For otherwise the Prince and his Ministers may do what they please and their Wills may be their Laws Therefore it is provided for in the very Essence and Constitution of the Government it self and this saith our Author we may call the Common-Law which is of as much value if not more than any Statute and of which all our good Acts of Parliament and Magna-Charta it self is but Delaratory so that though the King is intrusted with the formal part of summoning and pronouncing the Dissolution of Parliaments which is done by Writ yet the Laws which oblige him as well as us have determined how and when he shall do it which is enough to shew that the King's share in the Soveraignty that is in the Parliament is cut out to him by Law and not left at his disposal The next Statute we shall mention to inforce this fundamental Right and Privilege 25 Ed. 3. c. 23. Statute of Provisors is the 25th Ed. 3. ch 23. called the Statute of Provisors which was made to prevent and cut off the Incroachments of the Bishops of Rome whose Usurpations in disposing of Benefices occasioned intollerable Grievances wherein in the Preamble of the said Statute it is expressed as followeth Whereupon the Commons have prayed our said Soveraign Lord the King that sith the Right of the Crown of England and the Law of the said Realm is such that upon the Mischiefs and Damage which happeneth to his Realm be ought and is bounden of the accord of his said People in his Parliament thereof to make Remedy and Law in avoiding the Mischiefs and Damage which thereof cometh That it may please him thereupon to provide Remedy Our Soveraign Lord the King seeing the Mischiefs and Damage before-named and having regard to the said Statute made in the time of his said Grand-Father and to the Causes contained in the same which Statute holdeth always his force and was never defeated or annulled in any point and by so much is bound by his Oath to do the same to be kept as the Law of this Realm tho that by Sufferance and Negligence it hath since been attempted to the contrary And also having regard to the grievous Complainte made to him by his
as a Quare impedit Quare incumbravit a Writ of Attaint of Debt Detinue of Ward Escheat Scire fac pur repealer patent c. Unto which every Man must answer But no Man can be brought to answer for Publick Crimes at the King's Suit otherwise than by Indictment of a Grand Jury The whole Course of doing Justice upon Criminals from the beginning of the Process unto the Execution of the Sentence is and ever was esteemed to be the Kingdoms concernment as is evidenced by the frequent Complaints made in Parliament that Capital Offenders were pardon'd to the Peoples damage and wrong In the 13 Rich. 2. it is said that the King hearing the grievous complaints of his Commons in Parliament of the outragious mischiefs which happened unto the Realm for that Treasons Murders and Rapes of Women be commonly done and committed and the more because Charters of Pardon had been easily granted in such Cases And thereupon it was enacted That no Pardon for such Crimes should be granted unless the same were particularly specified therein and if a Pardon were otherwise granted for the Death of a Man the Judges should notwithstanding enquire by a Grand Jury of the Neighbourhood concerning the Death of every such Person and if he were found to have been wilfully Murthered such Charter of Pardon to be disallowed and provisions were made by imposing grievous Fines upon every person according to his Degree and Quality or Imprisonment who should presume to sue to the King for any Pardons of the aforesaid Crimes and that such persons might be known to the whole Kingdom their Names were to be upon several Records The like had been done in many Statutes made by several Parliaments as in the 6 Ed. 1.9 the 2 Ed. 3.2 the 10 Ed. 3.2 and the 14 Ed. 3.15 where it was acknowledged by the King in Parliament That the Oath of the Crown had not been kept by reason of the Grant of Pardons contrary to the aforesaid Statutes and Enacted that any such Charter of Pardon from thenceforth granted against the Oath of his Crown and the said Statutes the same should be holden for none In the 27 Edw. 3.2 It is further provided for preventing the Peoples damage by such Pardons That from thenceforth in every Charter of Pardon of Felony which shall be granted at any mans suggestion the said suggestion and the name of him that maketh the suggestion shall be comprised in the same Charter and if after the same suggestion be found untrue the Charter shall be disallowed and holden for none And the Justices before whom such Charter shall be alledged shall enquire of the same suggestion and that as well of Charters granted before this time as of Charters which shall be granted in time to come and if they find them untrue then they shall disallow the Charter so alledged and shall moreover do as the Law demandeth Thus have Parliaments from time to time declared that the Offences against the Crown are against the publick welfare and that Kings are obliged by their Oath and Office to cause Justice to be done upon Traytors and Felons for the Kingdom 's sake according to the ancient Common-Law 9 Hen 3.29 declared by Magna Charta in these words Nulli negabimus nulli vendemus nulli differemeus Justitiam VVe will sell to no Man we will not deny or defer to any Man either Justice or Right And as the publick is concerned that the due and legal Methods be observed in the Prosecution of Offenders so likewise doth the security of every single Man in the Nation depend upon it No Man can assure himself he shall not be accused of the highest crimes Let a Man's Innocence and Prudence be what it will yet his most inoffensive VVords and Actions are liable to be misconstrued and he may by Subornation and Conspiracy have things laid to his charge of which he is no ways guilty VVho can speak or carry himself with that circumspection as not to have his harmless VVords or Actions wrested to another sense than he intended VVho can be secure from having a Paper put into his Pockets or laid in his House of which he shall know nothing till his Accusation History affords many Examples of the detestable Practices in this kind of wicked Court-Paraâ—tes among which one may suffice for Instance Polib lib. 5. out of Polibius an approved Author Hermes a powerful Favourite under Antiochus the younger but a Man noted to be a favourer of Lâ—ars was made use of against the innocent and brave Epigenes He had long watch'd to kill him for that he found him a Man of great Eloquence and Valour having also Favour and Authority with the King He had unjustly but unsuccessfully accused him of Treason by false glosses put upon his faithful Advice given to the King in open Council this not prevailing he by artifice got him put out of his Command and to retire from Court which done he laid a Plot against him with the help and Council of one of his Complices Alexis and writing Letters as if they had been sent from Molon who was then in open Rebellion against his Prince for fear amongst other Reasons of the Cruelty and Treachery of Hâ—â—mes and corrupted one of Alexis's Servants with great Promises who went to Epigenes to thrust the Letters secretly among his other Writings which when he had done Alexis came suddenly to Epigenes demanding of him if he had received any Letter from Molon and when he said he had none the other said he was confident he should â—nd some wherefore entring the House to search he found the Letters and taking this occasion slew him lest if the Fact had been duly examined the Conspiracy had been discovered These things happening thus the King thought that he was justly slain in this manner the worthy Epigenes ended his days But this great Man's designs did not rest here for within a while heightned with success he so arrogantly abused His Master's Authority as he grew dangerous to the King himself as well as to those about him insomuch as Antiochus was forced for that he hated and feared Hermes to take away his Life by Stratagem thereby to secure himself By these and a Thousand other ways the most unblemish'd Innocence may be brought into the greatest danger Since then every Man is thus easily subject to question and what is one Man's Case this day may be another Man 's to morrow it is undoubtedly every Man's concern to see as far as in him lies in every case that the accused Person may have the benefit of all such provisions as the Law hath made for the defence of Innocence and Reputation Now to this end there is nothing so necessary as the secret and separate examination of Witnesses for though perhaps as hath been already observed it may be no very difficult thing for several persons who are permitted to discourse with each other freely and to hear or be told what each
do no wrong But the greatest of all wrongs and that which hath been most destructive unto Thrones is by Fraud to circumvent and destroy the Innocent This is to turn a Legal King into a Nimrod a Hunter of Men This is not to act the part of a Father or a Shepherd who is ready to lay down his Life for his Sheep but such as the Psalmist complains of who eat up the People as if they eat Bread Jezebel did perhaps applaud her own Wit and think she had done a great Service to the King by finding out Men of Belial Judges and Witnesses to bring Naboth to be stoned but that unregarded Blood was a Canker or the Plague of Leprosie in his Throne and Family which could not be cured but by its overthrow and extinction But if the Attorney General cannot serve the King by abusing Juries and subverting the Innocent he can as little gain an advantage to himself by falsifying his Oath by the true meaning whereof he is to prosecute Justice Impartially and the Eternal Divine Law would annul any Oath or Promise that he should have taken to the contrary even though his Office had obliged him unto it The like Obligation lies upon Jurors not to suffer themselves to be deluded or persuaded that the Judges King's Council or any others can dispense with that Oath or any part of it which they have taken before God unto the whole Nation nor to think that they can swerve from the Rules set by the Law without a damnable breach of it The pwoer of relating or dissolving Conscientious Obligations acknowled in the Pope makes a great part of the Roman Superstition and that grand Impostor could never corrupt Kingdoms and Nations to their destruction and the Establishment of his Tyranny until he had brought them to believe he could dispense with Oaths taken by Kings unto their Subjects and by Subjects to their Kings nor impose so extravagant an Errour upon either until he had persuaded them he was in the place of God It is hard to say how the Judges or King's Council can have the same Power unless it be upon the same Title but we may be sure they may as well dispense with the whole Oath as any part of it and can have no pretence unto either unless they have the Keys of Heaven and Hell in their keeping It is in vain to say the King as any other man may remit the Oath taken unto and for himself He is not a party for himself but in the behalf of his People and cannot dispose of their Concernments without their Consent which is given only in Parliament The King's Council ought to remember they are in criminal Cases of Council unto every man in the Kingdom It is no ways referred unto the Direction of the Judges or unto them whether that secrecy enjoyned by Law be profitable unto the King or Kingdom They must take the Law as it is and render Obedience unto it until it be altered by the Power that made it To this end the Judges by Acts of Parliament viz. 18 Ed. 3. cap. 8. and 20 Ed. 3. cap. 1. are sworn to serve the People Ye shall serve our Lord the King and his People in the Office of Justice c. Ye shall deny to no man common Right by the King's Letters nor no other mans nor for no other cause and in default thereof in any point they are to forfeit their Bodies Lands and Goods This proves them to be the Peoples Servants as well as the Kings Further by the express words of the Commissions of Oyer and Terminer they are required to assist every man that suffers injury and make diligent inquisition after all manner of falshoods deceits offences and wrongs done to any man and thereupon to do Justice according to the Law so that in the whole proceedings in order unto Tryal and in the Tryals themselves the Thing principally intended which several persons are severally in their capacities obliged to pursue is the discovery of Truth The Withesses are to depose the Truth the whole Truth and Nothing but the Truth Thereupon the Council for the King are to prosecute The Grand Jury to present and the Petit Jury to try These are several Offices but all to the same End 'T is not the Prisoner but the Crime that is to be pursued This primarily the Offender but by consequence and therefore such Courses must be taken as may discover that and not such as may ensnare him When the Offence is found the impartial Letter of the Law gives the Doom and the Judges have no share in it but the pronouncing of it Till then the Judges are only to preside and take Care that every man else who is employed in this necessary Affair do his duty according to Law So that upon result of the whole transaction impartial Justice may be done either to the Acquittal or condemnation of the Prisoner Hereby it is manifest why the Judges are obliged by Oath To Serve the People as well as the King And by Commission To Serve every One that Suffers Injuries As they are to See that Right be done to the King and His injur'd Subjects in discovering of the Delinquent So they are to be of Council with the Prisoner whom the Law supposeth may be ignorant as well as innocent and therefore has provided that the Court shall be of Council for him and as well inform him of what Legal advantages the Law allows him as to resolve any point of Law when he shall propose it to them And it seems to be upon the presumption of this steady impartiality in the Judges thus obliged by all that is held Sacred before God and man to be unbyassed that the Prisoner hath no Council for if the Court faithfully perform their duty the Accused can have no wrong or hardship and therefore needs no Adviser Now suppose a man perfectly innocent and in some measure knowing in the Law should be accused of Treason or Felony If the Judges shall deny unto the Grand Jury the liberty of examining any Witnesses except in open Court where nothing shall be offered that may help to clear the Prisoner but every Thing aggravated that gives colour for the Accusation such Persons only produced as the King's Council or the Prosecutors shall think fit to call of whose Credit also the Jury must not inquire but shall be controll'd and brow-beaten in asking Questions of such unknown Witnesses for their own Satisfaction if they have any Tendency to discover the Infamy of these Witnesses or the Falshood of their Testimony How can Innocence secure any Man from being arraigned And if the Oath of the Judges should be as much forgotten in the further Proceedings upon the Trial where in Cases of Treason the Prisoner shall have all the King's Council commonly not the most unlearned prepared with studied Speeches and Arguments to make him black and odious and to Strain all his words and to alledge them
for Instances of his guilt If then all his private Papers and Notes to help his Memory in his Plea and Defence shall be taken from him by the Gaoler or the Court and given to his Prosecutors And all Advice and Assistance from Councils or Friends and his nearest Relations shall be denied him and none suffered by word or writing to inform him of the indifferency or honesty or the partiality or malice of the Pannels returned whom the Law allows him to challenge or refuse either peremptorily or for good Reasons offered should he be thus deprived of all the good provisions of the Law for his safety To what Frauds Perjuries and Subornations is not he and every man Exposed who may be accused What Deceits may there not be put upon Juries and what Probability is there of finding Security in Innocence What an admirable Execution would this be of their Commission To make diligent Inquisition after all manner of Falshoods Deceipts Wrongs and Frauds and thereupon to do Justice according to Law When at the same Time if so Managed a Method would be introduced of ruining and destroying any Man in the form of Justice Such practices would be the highest dishonour to the King imaginable whose name is used and so far Misrepresent the Kingly Office as to make that appear to have been Erected to vex and destroy the People which was intended and ordained to help and preserve them The Law so far abhors such proceedings that it intends that every Man should be strictly bound to be exactly just in their several Imployments relating to the Execution of Justice The Serjeant of the King's Council Sir George Jefferys among the rest who prosecute in the King's name and are consulted in the forming Bills of Indictment and advise about the Witnesses and their Testimonies against the Accused These if they would remember it when they are made Serjeants take an Oath Cokes 2d Institutes Pag. 214. as well and truly to serve the People whereof the party accused is one as the King himself and to minister the King's matters duely and truly after the course of the Law to their Cunning Not to use their Cunning and Craft to hide the Truth and destroy the accused if they can They are also obliged by the Statute of Westm 1. Cap. 29. To put no manner of Deceit or Collusion upon the King's Court nor secretly to consent to any such Tricks as may abuse or beguile the Court or the party be it in Causes Civil or Criminal And it is ordained that if any of them be convicted of such practices he shall be imprisoned for a year and never be heard to plead again in any Court and if the Mischievous consequence of their Treacheries be great they are Subject to further and greater punishments Our Antient Law Book called the Miror of Justice Cap. 2. Sect. 4. says That every Serjeant Pleader is chargeable by his Oath not to maintain or defend any Wrong or Falshood to his Knowledge but shall leave his Client when he shall perceive the wrong intended by him Also that he shall not move or proffer any false Testimony nor consent to any Lyes Deceits or Corruptions whatsoever in his pleadings As a further Security unto the People against all Attempts upon their Laws Exemplary Justice hath been done in several Ages upon such Judges and Justiciaries as through Corruption Submission unto unjust Commands or any other Sinister consideration have dared to swerve from them The punishments of these wicked Men remain upon Record as Monuments of their Infamy to be a Terror unto all that shall succeed them In the Reign of the Saxons the most notable Example was given by King Alfred who caus'd above forty Judges to be hanged in a Short Space for several wrongs done to the People as is related in the Mirror of Justice Some of them suffered for imposing on Juries and forcing them to give Verdicts according to their will And one as it seems had taken the Confidence to examine a Jury that he might find which of them would Submit to his Will and setting aside him who would not condemned a Man upon the Verdict of Eleven Since the Coming of the Normans our Parliaments have not been less severe against such Judges as have suffered the course of Justice to be perverted or the Rights and Liberties of the People to be invaded In the time of Edward the 1st Anno 1289. The Parliament finding That all the Judges except Two had swerv'd from their duty condemned them to several punishments according unto their Crimes Ex Chron. Anno 10. Ed. 1. ad finem As Banishment Perpetual Imprisonment or the loss of all their Estates c. Their Particular Offences are specified in a Speech made by the Arch-Bishop of Canterbury in Parliament They had broken Magna Charta Incited the King against his People Violated the Laws under pretence of expounding them and impudently presumed to prefer their own Councils to the King before the Advices of Parliament as appears by the speech c. Hereunto annext The like was done in Ed. the 2d Time when Hugh De Spencer was charged for having prevailed with the King to break his Oath to the People in doing Things against the Law by his own Authority In Edward the 3d. Time Judge Thorpe was hang'd for having in the like manner brought the King to break his Oath Dan. History p. 260 261. And the happy Reign of that great King affords many Instances of the like nature amongst which the punishment of Sir Henry Green and Sir William Skipwith deserve to be observed and put into an Equal Rank with those of his brave and victorious Grand-father In Richard the Second's Time Eleven of the Judges See all the English Histories of Walsingham Fabian Speed c. in the 11 and 12 years of Richard II. forgetting the dreadful Punishments of their Predecessors subscrib'd malicious Indictments against Law and gave false Interpretations of our Ancient Laws to the King thereby to bring many of his most Eminent and worthiest Subjects to suffer as Traytors at his Will Subjected the Authority and very Being of Parliaments to his absolute pleasure And made him believe that all the Laws lay in his own breast Hereupon sentence of death passed upon them and tho upon their repentance and confessing they had been swayed by fear and threatnings from the King Two only were Executed all the others were for ever banished as unworthy to enjoy the benefit of that Law which they had so perfidiously and basely betrayed It were an Endless work to recite all the Examples of this kind that are found in our Histories and Records but that of Empson and Dudley must not be omitted They had craftily contriv'd to abolish Grand Juries and to draw the Lives and Estates of the People into question without Indictments by them and by surprise and other wicked practices they gained an Act of Parliament for their countenance Hereupon
false Accusers 'T is enacted That no man be put to answer such suggestions without presentment before the Justices i. e. by the Grand Jury It cannot surely be imagined that the suggestions made to the King and his Council had no probability in them Or that there was no colour cause or Reason for the King to put the party to answer the Accusation but the grievance and complaint was that the People suffered certain damage and vexation upon untrue and at best uncertain accusations and that therein the Law was perverted by the King and his Councils taking upon them to judge of the certainty or Truth of them which of right belonged to the Grand Jury only upon whose Judgment and Integrity our Law doth wholly rely for the indemnity of the Innocent and the punishment of all such as do unjustly molest them Our Laws have not thought fit so absolutely to depend upon the Oaths of Witnesses as to allow that upon Two or Ten mens swearing positively Treason or Felony against any Man before the Justices of Peace or all the Judges or before the King and his Council that the party accused be he either Peer of the Realm or Commoner should without further Inquiry be thereupon arraigned and put upon his Tryal for his Life Yet none can doubt but there is something of probability in such depositions nevertheless the Law Refers those matters unto Grand Juries and no man can be brought to Tryal until upon such strict inquiries as is before said the Indictment be found The Law is so strict in these Inquiries that tho the Crime be never so notorious nay if Treason should be confessed in Writing under Hand and Seal before Justices of Peace Secretaries of State or the King and Council yet before the party can be arraigned for it the Grand Jury must inquire and be satisfied whether such a Confession be clear and certain Whether there was no collusion therein Or the party induced to such confession by promise of pardon Or that some pretended partakers in the Crime may be defamed or destroyed thereby they must inquire whether the Confession was not extorted by fear threatnings or force and whether the party was truly Compos mentis of sound Mind and Reason at that Time The Stat. 5 Eliz. Cap. 1. declares the antient Common Law concerning the Trust and Duty of Juries and Enacts that none should be indicted for assisting aiding comforting or abetting Criminals in the Treasons therein made and declared unless he or they be thereof lawfully accused by such good and sufficient Testimony or Proof as by the Jury by whom he shall be indicted shall be thought good lawful and sufficient to prove him or them guilty of the said Offences Herein is declared the only True Reason of Indictments i. e. the Grand Juries Judgment that they have such Testimonies as they esteem sufficient to prove the party indicted guilty of the Crimes whereof he is accused and whatsoever the Indictment doth contain they are to present no more or other Crimes than are proved to their satisfaction as upon Oath they declare it is when they present it This exactness is not only required in the Substance of Crimes but in the Circumstances and any doubtfulness or uncertainty in them makes the Indictment and all proceedings upon it by the Petit Jury to be insufficient and void and holden for none as appears by the following Cases In Young's Case in the Lord Cook 's Reports Lib. 4. Fol. 40. An Indictment for Murther was declared void for its incertainty because the Jury had not layed certainty in what part of the body the mortal wound was given saying only that 't was about his breast the words were Vnam Plagam mortalem circitur pectus In like manner in Vaux Case Cooks Rep. Lib. 4. Fol. 44. he being indicted for poisoning Ridley the Jury had not plainly and expresly averred that Ridley drank the Poison tho' other words imply'd it and thereupon the Indictment was judged insufficient for saith the Book the matter of an Indictment ought to be full express and certain and shall not be maintained by argument or implication for that the Indictment is found by the Oath of the Neighbourhood In the 2d part of Rolls Reports p. 263. Smith and Malls Case the Indictment was quashed for incertainty because the Jury had averred that Smith was either a Servant or Deputy Smith existens servus sive deputatus are the words It was doubtless probably enough proved to the Jury that he was either a Deputy or Servant but because the Indictment did not absolutely and certainly aver his condition either of Servant or Deputy it was declared void If there be any defect of certainty in the Grand Juries Verdict no Proof or Evidence to the Petit Jury can supply it so it was judged in Wrote and Wigs Case Coke 4. Rep. Fol. 45 46 47. It was layed that Wrote was killed at Shipperton but did not aver that Shipperton was within the Verge tho in truth it was and no Averment or Oath to the Petit Jury could supply that small faileur of certainty to support the Indictment and the reason is rendred in these words viz. The Indictment being Veredictum id est dictum Veritatis a Verdict That is a saying of Truth and matter of Record ought to contain the whole Truth which is requisite by the Law for when it doth not appear 't is the same as if it were not and every material part of the Indictment ought to be found upon the Oath of the Indicters and cannot be supplied by the Averment of the Party The Grand Juries Verdict is the foundation of all judicial proceeding against Capital Offenders at the King's suit if that fail in any point of certainty both convictions and acquittals thereupon are utterly void and the proceedings against both may begin again as if they had never been tried as it appears in the Case last cited Fol. 47. Now as the Law requires from the Grand Jury particular certain and precise affirmations of Truth so it expects that they should look for the like and accept of no other from such as bring accusations to them For no Man can certainly affirm that which is uncertainly delivered unto him or which he doth not firmly believe The Witnesses that they receive for good are to depose only absolute certainties about the Facts committed That is what they have seen or heard from the accused parties themselves not what others have told them They are not to be suffered to make probable arguments and infer from thence the guilt of the accused Their depositions ought to be positive plain direct and full The Crime is to be sworn without any doubtfulness or obscurity Not in words qualified and limited to belief conceptions or apprehensions This absolute certainty required in the deposition of the Witnesses is one principal ground of the Juries most rational assurance of the Truth of their Verdict The credit also of the
takes cognizance of no such matter and could not by Construction be brought under it such matters being thereby reserved to the Parliament as is declared in the Proviso which he desired might be read but was refused Several important points of Law did hereupon emerge upon which your Petitioner knowing his own weakness did desire that Council might be heard or they might be referr'd to be found Specially But all was over rul'd by the violence of the Lord Ch. Justice and your Petitioner so frequently interrupted that the whole method of his Defence was broken and he not suffered to say the tenth part of what he could have alledged in his defence So the Jury was hurried into a Verdict they did not understand Now forasmuch as no man that is oppressed in England can have Relief unless it be from your Majesty your Petitioner humbly prays that the Premises considered your Majesty would be pleas'd to admit him into your presence and if he doth not shew that 't is for your Majesties Interest and Honour to preserve him from the said Oppression he will not complain though he be left to be destroy'd The very Copy of a Paper delivered to the Sheriffs upon the Scaffold on Tower-Hill on Friday December 7. 1683. By Algernon Sidney Esq before his Execution there Men Brethren and Fathers Friends Countrymen and Strangers IT may be expected that I should now say some Great Matters unto you but the Rigour of the Season and the Infirmities of my Age encreased by a close Imprisonment of above Five Months doth not permit me Moreover we live in an Age that maketh Truth pass for Treason I dare not say any thing contrary unto it and the Ears of those that are about me will probably be found too tender to hear it My Tryal and Condemnation doth sufficiently evidence this West Rumsey and Keyling who were brought to prove the Plot said no more of me than that they knew me not and some others equally known unto me had used my Name and that of some others to give a little Reputation unto their Designs The Lord Howard is too infamous by his Life and the many Perjuries not to be denied or rather sworn by himself to deserve mention and being a single Witness would be of no value though he had been of unblemish'd Credit or had not seen and confessed that the Crimes committed by him would be pardoned only for committing more and even the Pardon promised could not be obtained till the Drudgery of Swearing was over This being laid aside the whole matter is reduc'd to the Papers said to be found in my Closet by the King's Officers without any other proof of their being written by me than what is taken from the suppositions upon the similitude of an Hand that is easily Counterfeited and which hath been lately declared in the Lady Car's Case to be no lawful Evidence in Criminal Causes But if I had been seen to write them the matter would not be much altered They plainly appear to relate unto a large Treatise written long since in answer to Filmer's Book which by all Intelligent Men is thought to be grounded upon wicked Principles equally pernicious unto Magistrates and People If he might publish unto the World his Opinion That all Men are born under a necessity derived from the Laws of God and Nature to submit unto an Absolute Kingly Government which could be restrained by no Law or Oath and that he that hath the power whether he came unto it by Creation Election Inheritance Usurpation or any other way had the Right and none must oppose his Will but the Persons and Estates of his Subjects must be indispensably subject unto it I know not why I might not have published my Opinion to the contrary without the breach of any Law I have yet known I might as freely as he publickly have declared my Thoughts and the Reasons upon which they were grounded and I perswaded to believe That God had left Nations unto the Liberty of setting up such Governments as best pleased themselves That Magistrates were set up for the good of Nations not Nations for the honour or glory of Magistrates That the Right and Power of Magistrates in every Country was that which the Laws of that Country made it to be That those Laws were to be observed and the Oaths taken by them having the force of a Contract between Magistrate and People could not be Violated without danger of dissolving the whole Fabrick That Usurpation could give no Right and the most dangerous of all Enemies unto Kings were they who raising their Power to an Exorbitant Height allowed unto Usurpers all the Rights belonging unto it That such Usurpations being seldom Compassed without the Slaughter of the Reigning Person or Family the worst of all Villanies was thereby rewarded with the most Glorious Privileges That if such Doctrines were received they would stir up Men to the Destruction of Princes with more Violence than all the Passions that have hitherto raged in the Hearts of the most Unruly That none could be safe if such a Reward were proposed unto any that could destroy them That few would be so gentle as to spare even the Best if by their destruction of a Wild Usurper could become God's Anointed and by the most execrable Wickedness invest himself with that Divine Character This is the Scope of the whole Treatise the Writer gives such Reasons as at present did occur unto him to prove it This seems to agree with the Doctrines of the most Reverenced Authors of all Times Nations and Religions The best and wisest Kings have ever acknowledged it The present King of France hath declared that Kings have that happy want of Power that they can do nothing contrary unto the Laws of their Country and grounds his Quarrel with the King of Spain Anno 1667 upon that Principle King James in his Speech to the Parliament Anno 1603 doth in the highest degree assert it The Scripture seems to declare it If nevertheless the Writer was mistaken he might have been refuted by Law Reason and Scripture and no man for such matters was ever otherwise punished than by being made to see his Errour and it hath not as I think been ever known that they had been referred to the Judgment of a Jury composed of Men utterly unable to comprehend them But there was little of this in my Case the extravagance of my Prosecutors goes higher The above-mentioned Treatise was never finished nor could be in many years and most probably would never have been So much as is of it was written long since never reviewed nor shewn unto any man and the fiftieth part of it was produced and not the tenth of that afford to be read That which was never known unto those who are said to have Conspired with me was said to be intended to stir up the People in Prosecution of the Designs of those Conspirators When nothing of particular Application unto
Administration of Justice Belongeth to the Office of a King But the fullest account of it in few words is in Chancellor Fortescue Chap. XIII which Passage is quoted in Calvin's Case Coke VII Rep. Fol 5. Ad Tutelam namque Legis Subditorum ac eorum Corporum bonorum Rex hujusmodi erectus est ad hanc potestatem a populo effluxam ipse habet quo ei non licet potestate alia suo populo Dominari For such a King That is of every Political Kingdom as this is is made and ordained for the Defence or Guardianship of the Law of his Subjects and of their Bodies and Goods whereunto he receiveth power of his People so that he cannot Govern his People by any other power Corollary 1. A Bargain 's a Bargain 2. A Popish Guardian of Protestant Laws is such an Incongruity and he is as Unfit for that Office as Antichrist is to be Christ's Vicar CHAP. II. Of Prerogatives by Divine Right I. GOvernment is not matter of Revelation if it were then those Nations that wanted Scripture must have been without Government whereas Scripture it self says That Government is The Ordinance of Man and of Humane Extraction And King Charles the First says of this Government in particular That it was Moulded by the Wisdom and Experience of the People Answ to XIX Prop. II. All just Governments are highly Beneficial to Mankind and are of God the Author of all Good they are his Ordinances and Institutions Rom. 13.1 2. III. Plowing and Sowing and the whole business of preparing Bread-Corn is absolutely necessary to the subsistence of Mankind This also cometh forth from the Lord of Hosts who is wonderful in Counsel and excellent in Working Isa 28. from 23. to 29th Verse IV. Wisdom saith Counsel is mine and sound Wisdom I am Vnderstanding I have strength By me Kings Reign and Princes decree Justice By me Princes Rule and Nobles even all the Judges of the Earth Prov. 8.14 V. The Prophet speaking of the Plowman saith His God doth instruct him to discretion and doth teach him Isa 28.26 VI. Scripture neither gives nor takes away Mens Civil Rights but leaves them as it found them and as our Saviour said of himself is no Divider of Inheritances VII Civil Authority is a Civil Right VIII The Law of England gives the King his Title to the Crown For where is it said in Scripture That such a Person or Family by Name shall enjoy it And the same Law of England which has made him King has made him King according to the English Laws and not otherwise IX The King of England has no more Right to set up a French Government than the French King has to be King of England which is none at all X. Render unto Caesar the things which are Caesars neither makes a Caesar nor tells who Caesar is nor what belongs to him but only requires Men to be just in giving him those supposed Rights which the Laws have determined to be his XI The Scripture supposes Property when it forbids Stealing it supposes Mens Lands to be already Butted and Bounded when it forbids removing the antient Land-marks And as it is impossible for any Man to prove what Estate he has by Scripture or to find a Terrier of his Lands there so it is a vain thing to look for Statutes of Prerogative in Scripture XII If Mishpat Hamelech the manner of the King 1 Sam. 8.11 be a Statute of Prerogative and prove all those particulars to be the Right of the King then Mishpat Haccohanim the Priest's custom of Sacrilegeous Rapine Chap. 2.13 proves that to be the Right of the Priests the same wood being used in both places XIII It is the Resolution of all the Judges of England that even the known and undoubted Prerogatives of the Jewish Kings do not belong to our Kings and that it is an absurd and impudent thing to affirm they do Coke 11. Rep. p. 63. Mich. 5. Jac. Give us a King to Judge us 1 Sam. 8.5 6 20. Note upon Sunday the Tenth of November in this same Term the King upon Complaint made to him by Bancroft Archbishop of Canterbury concerning Prohibitions was informed that when Question was made of what matters the Ecclesiastical Judges have Cognizance either upon the Exposition of the Statutes concerning Tythes or any other Thing Ecclesiastical or upon the Statute 1 Eliz. concerning the High Commission or in any other Case in which there is not express Authority by Law the King himself may decide it in his Royal person and that the Judges are but the Delegates of the King and that the King may take what Causes he shall please to determine from the Determination of the Judges and may determine them himself And the Archbishop said That this was clear in Divinity That such Authority belongs to the King by the Word of God in Scripture To which it was answered by me in the presence and with the clear consent of all the Justices of England and Barons of the Exchequer That the King in his own person cannot adjudge any Case either Criminal as Treason Felony c. but this ought to be determined and adjusted in some Court of Justice according to the Law and Custom of England And always Judgments are given Ideo consideratum est per Curiam so that the Court gives the Judgment And it was greatly marvelled That the Archbishop durst inform the King that such absolute power and authority as is aforesaid belonged to the King by the Word of God CHAP. III. Of OBEDIENCE I. NO Man has any more Civil Authority than what the Law of the Land has vested in him Nor is he one of St. Paul's Higher Powers any farther or to any other purposes than the Law has impowr'd him II. An Usurped Illegal and Arbitrary power is so far from being the Ordinance of God that it is not the Ordinance of Man III. Whoever opposes an Usurped Illegal and Arbitrary Power does not oppose the Ordinance of God but the Violation of that Ordinance IV. The 13. of the Romans commands Subjection to our Temporal Governours Verse 4. because their Office and Imployment is for the publick welfare For he is the Minister of God to Thee for Good V. The 13. of the Hebrews commands Obedience to spiritual Rulers Verse 17. Because they watch for your Souls VI. But the 13. of the Hebrews did not oblige the Martyrs and Confessors in Queen Mary's Time to obey such blessed Bishops as Bonner and the Beast of Rome who were the perfect Reverse of St. Paul's Spiritual Rulers and whose practice was murthering of Souls and Bodies according to the true Character of Popery which was given it by the Bishops who compiled the Thanksgiving for the Fifth of November but Archbishop Laud was wiser than they and in his time blotted it out The Prayer formerly run thus To that end strengthen the Hands of our Gracious King the Nobles and Magistrates of the
Good and Faithful Subjects to Us and our Royal Predecessors by hazarding and many of them actually losing their Lives and Fortunes in their Defence though of another Religion and the Maintenance of their Authority against the Violences and Treasons of the most violent Abettors of these Laws Do therefore with Advice and Consent of Our Privy Council by Our Soveraign Authority Prerogative Royal and Absolute Power aforesaid Suspend Stop and disable all Laws or Acts of Parliament Customs or Constitutions made or executed against any of our Roman Catholick Subjects in any time past to all intents and purposes making void all Prohibitions therein mentioned pains or penalties therein ordain'd to be Inflicted so that they shall in all things be as free in all Respects whatsoever not only to Exercise their Religion but to enjoy all Offices Benefices and others which We shall think fit to bestow upon them in all time coming Nevertheless it is our Will and Pleasure and we do hereby command all Catholicks at their highest Pains only to Exercise their Religious Worship in Houses or Chappels and that they presume not to Preach in the open Fields or to invade the Protestant Churches by force under the pains aforesaid to be inflicted upon the Offenders respectively nor shall they presume to make Publick Processions in the High-Streets of any of Our Royal Burghs under the Pains above mentioned And whereas the Obedience and Service of our good Subjects is due to Us by their Allegiance and Our Soveraignty and that no Law Custom or Constitution Difference in Religion or other Impediment whatsoever can exempt or discharge the Subjects from their Native Obligations and Duty to the Crown or hinder us from Protecting and Employing them according to their several Capacities and Our Royal Pleasure nor Restrain Us from Conferring Heretable Rights and Priviledges upon them or vacate or annul these Rights Heretable when they are made or conferred And likewise considering that some Oaths are capable of being wrested by men of sinistrous Intentions a practice in that Kingdom fatal to Religion as it was to Loyalty Do therefore with Advice and Consent aforesaid Cass Annul and Discharge all Oaths whatsoever by which any of Our Subjects are incapacitated or disabled from holding Places or Offices in our said Kingdom or enjoy their Hereditary Right and Priviledges discharging the same to be taken or given in any time coming without Our special Warrant and Consent under the pains due to the Contempt of Our Royal Commands and Authority And to this effect We do by Our Royal Authority aforesaid Stop Disable and Dispense with all Laws enjoyning the said Oaths Tests or any of them particularly the first Act of the first Session of the first Parliament of King Charles the Second the Eleventh Act of the foresaid Session of the foresaid Parliament the sixth Act of the third Parliament of the said King Charles the twenty first and twenty fifth Acts of that Parliament and the thirteenth Act of the first Session of * Our late Parliament in so far allanerly as concerns the taking the Oaths or Tests therein prescrib'd and all others as well not mentioned as mentioned and that in place of them all our good Subjects or such of them as We or our Privy Council shall require so to do shall take and swear the following Oath allanerly I A. B. do acknowledge testifie and declare that JAMES the Seventh by the Grace of God King of Scotland England France and Ireland Defender of the Faith c. is rightful King and Supream Governour of these Realms and over all persons therein and that it is unlawful for Subjects on any pretence or for any cause whatsoever to rise in Arms against Him or any Commissionated by Him and that I shall never so rise in Arms nor assist any who shall so do and that I shall never resist His Power or Authority nor ever oppose His Authority to His Person as I shall answer to God but shall to the utmost of my power Assist Defend and Maintain Him His Heirs and Lawful Successors in the Exercise of their Absolute Power and Authority against all Deadly So help me God And seeing many of Our good Subjects have before Our pleasure in these Matters was made publick incurred the Guilt appointed by the Acts of Parliament above-mentioned or others We by Our Authority and Absolute Power and Prerogative Royal above-mentioned of Our certain Knowledge and innate Mercy give Our ample and full Indemnity to all those of the Roman Catholick or Popish Religion for all things by them done contrary to Our Laws or Acts of Parliament made in any time past relating to their Religion the Worship and Exercise thereof or for being Papists Jesuits or Traffickers for hearing or saying of Mass concealing of Priests or Jesuits breeding their Children Catholicks at home or abroad or any other thing Rite or Doctrine said performed or maintained by them or any of them And likewise for holding or taking of Places Employments or Offices contrary to any Law or Constitution Advices given to Us or our Council Actions done or generally any thing perform'd or said against the known Laws of that Our Ancient Kingdom Excepting always from this Our Royal Indemnity all Murthers Assassinations Thefts and such like other Crimes which never used to be comprehended in Our General Acts of Indemnity And We command and require all Our Judges or others concerned to explain this in the most ample Sense and Meaning Acts of Indemnity at any time have contained Declaring this shall be as good to every one concerned as if they had Our Royal Pardon and Remission under Our Great Seal of that Kingdom And likewise indemnifying Our Protestant Subjects from all pains and penalties due for hearing or preaching in Houses providing there be no Treasonable Speeches uttered in the said Conventicles by them in which case the Law is only to take place against the Guilty and none other present providing also that they Reveal to any of Our Council the Guilt so committed As also excepting all Fines or Effects of Sentences already given And likewise Indemnifying fully and freely all Quakers for their Meetings and Worship in all time past preceeding the publication of these presents And we doubt not but Our Protestant Subjects will give their Assistance and Concourse hereunto on all Occasions in their Respective Capacities In consideration whereof and the ease those of Our Religion and others may have hereby and for the Encouragement of Our Protestant Bishops and the Regular Clergy and such as have hitherto lived orderly We think fit to declare that it never was Our Principle nor will We ever suffer Violence to be offered to any Man's Conscience nor will We use Force or Invincible Necessity against any Man on the account of his Perswasion nor the Protestant Religion but will protect Our Bishops and other Minsters in their Functions Rights and Properties and all Our Protestant Subjects in the free Exercise of their
some cases a Promise is in the nature of a Covenant and then between equal parties the breach of it will bear a Suit but where the greatness of the Promiser is very much raised above the Level of equality there is no Forfeiture to be taken It is so far from the party grieved his being able to sue or recover Damages that he will not be allow'd to explain or expostulate and instead of his being relieved against the breach of Promise he will run the hazard of being punished for breach of Good Manners Such a difficulty is putting all or part of the Payment in the Fire where Men must burn their Fingers before they can come at it That cannot properly be called good payment which the party to whom it is due may not receive with ease and safety It was a King's Brother of England who refused to lend the Pope mony for this reason That he would never take the Bond of one upon whom he could not distrain The Argument is still stronger against the validity of a Promise when the Contract is made between a Prince and a Subject The very offering a King's Word in Mortgage is rather a threatning in case of Refusal than an inducing Argument to accept it it is unfair at first and by that giveth greater cause to be cautious especially if a thing of that value and dignity as a King's Word ought to be should be put into the hands of State-brokers to strike up a Bargain with it XXVIII When God Almighty maketh Coveant with Mankind His promise is a sufficient Security notwithstanding his Superiority and his power because first he can neither err nor do injustice It is the only Exception to his Omnipotence that by the Perfection of his being he is incapacitated to do wrong Secondly at the instant of His promise by the extent of his Foresight which cannot fail there is no room left for the possibility of any thing to intervene which might change his mind Lastly he is above the receiving either Benefit or Inconvenience and therefore can have no Interest or Temptation to vary from his Word when once he hath granted it Now though Princes are God's Vicegerents yet their Commission not being soo large as that these Qualifications are devolved to them it is quite another case and since the offering a Security implyeth it to be examined by the party to whom it is proposed it must not be taken ill that Objections are made to it even though the Prince himself should be the immediate Proposer Let a familiar Case be put Suppose a Prince tempted by a Passion to strong for him to resist should descend so as to promise Marriage to one of his Subjects and as Men are naturally in great haste upon such occasions should press to take possession before the necessary Forms could be complyed with would the poor Ladies Scruple be called Criminal for not taking the Security of the Royal Word Or would her Allegiance be tainted by her resisting the sacred Person of her Soveraign because he was impatient of delay Courtesie in this case might perswade her to accept it if she was so disposed but sure the just exercise of Power can never claim it XXIX There is one Case where it is more particularly a Duty to use very great occasion in accepting the security of a Promise and that is when Men are Authorized and trusted by others to act for them This putteth them under much greater restraints than those who are at liberty to treat for themselves It is lawful though it is not prudent for any man make an ill Bargain for himself but it is neither the one nor the other where the party contracting treateth on behalf of another by whom he is intrusted Men who will unwarily accept an ill security if it is for themselves forfeit their own discretion and undergo the Penalty but they are not responsible to any body else They lie under the Mortification and the loss of committing the error by which though they may expose their Judgment to some censure yet their Morality suffers no reproach by it But those who are deputed by others to treat for them upon terms of best advantage though the Considence placed in them should prevent the putting any limits to their power in their Commission yet the Condition implied if not expressed is that the Persons so trusted shall neither make an ill Bargain nor accept a slight Security The Obligation is yet more binding when the Trust is of a Publick Nature The aggravation of disappointing a Body of Men that rely upon them carrieth the Fault as high as it can go and perhaps no Crime of any kind can out do such a deliberate breach of Trust or would more justly make Men forfeit the protection of humane Society XXX I will add one thing more upon this Head which is that it is not always a true Preposition that 't is safe to rely upon a promise if at the time of making it it is the Interest of the Promiser to make it good This though many times it is a good Inducement yet iâ— hath these Exceptions to it First if the proposer hath at other times gone plainly against his Visible Interest the Argument will turn the other way and his former Mistakes are so many Warnings to others not to come within the danger any more let the Inducements to those Mistakes be never so great and generous that does not alter the Nature they are Mistakes still Interest is an uncertain thing It goeth and cometh and varieth according to times and circumstances as good build upon a Quick-sand as upon a presumption that Interest shall not alter Where are the Men so distinguished from the rest of Mankind that it is impossible for them to mistake their Interest Who are they that have such an Exemption from human frailty as that it can never happen to them not to see their Interest for want of Understanding or not to leap over it by excess of Zeal Above all Princes are most liable to mistake not out of any defect in their Nature which might put them under such an unfortunate distinction quite contrary the blood they derive from great and wise Ancestors does rather distingush them on the better side besides that their great Character and Office of Governing giveth a noble Exercise to their Reason which can very hardly fail to raise and improve it But there is one Circumstance annexed to their Glorious Calling which in this Respect is sufficient to outweigh all those Advantages it is that Mankind divided in most things else agree in this to conspire in their Endeavours to deceive and mislead them which maketh it above the Power of human Understanding to be so exactly guarded as never to admit a Surprize and the highest Applause that could ever yet be given to the greatest Men that ever wore a Crown is that they were no oftner deceived Thus I have ventured to lay down my Thoughts of
given to his Declaration and to what he hath since the Emission of it repeated both in his Speech to Mr. Penn and in his Letter to Mr. Alsop And to omit many other Instances of his kindness and Benignity to the Fanaticks whom he now so much hugs and caresseth it may not be amiss to remember them and all other Protestants of that barbarous and illegal Commission issued forth by the Council of Scotland while he as the late King 's High Commissioner had the Management of the Affairs of that Kingdom by which every Military Officer that had command over twelve Men was impower'd to impannel Juries Try Condemn and cause to be put to Death not only those who should be found to disclaim the King's Authority but such as should refuse to acknowledge the King 's new modelled Supremacy over that Church in the pursuance and Execution of which Commission some were Shot to Death others were Hang'd or Drowned and this not only during the Continuance of the Reign of his late Majesty but for above a Year and a half after the present King came to the Crown But what need is there of insisting upon such little Particulars wherein he was at all times ready to express his Malice to Protestants seeing we have not only Dr. Oates's Testimony and that of divers others but most Authentick Proofs from Mr. Coleman's Letters of his having been in a Conspiracy several Years for the Subversion of our Religion upon the meritorious and sanctified Motive of extirpating the Northern Heresie Of which beside all the Evidence that four Successive Parliaments arrived at I know several who since the Duke of York ascended the Throne have had it confirmed unto them by divers Foreign Papists that were less reserved or more ingenuous than many of that Communion use to be To question the Existence of that Plot and his present Majesties having been Accessary unto and in the Head of it argues a strange Effrontery and Impudence through casting an Aspersion of Weakness Folly and Injustice not only upon those Three Parliaments that seem'd to have retained some Zeal for English Liberties but by fastening the same Imputations upon the Long Parliament which had shewed it self at all times more Obsequious to the Will of the Court than was either for their own Honor or the Safety and Interest of the Kingdom and who had expressed a Veneration for the Royal Family that approached too much upon a degree of Idolatry Whosoever considers that Train of Counsels wherein the King was many Years engaged and whereof we felt the woful Effects in the Burning of London the frequent Prorogation and Dissolution of Parliaments the widening and exasperating Differences among Protestants the stirring up and provoking Civil Magistrates and Ecclesiastical Courts to persecute Dissenters and the maintaining Correspondencies with the Pope and Catholick Princes abroad to the dishonor of the Nation and danger of our Laws and Religion cannot avoid being apprehensive what we are now to look for at his Hands nor can be escape thinking that he esteems his Advancement to the Crown both a Reward from Heaven for what he hath done and plotted against these three Kingdoms and an Opportunity and Advantage administred to him for the Perfecting and Accomplishment of all those Designs with which he hath been so long Bigg and in Travel for the Destruction of our Religion the Subversion of our Laws and the Re-establishment of Popery in these Dominions The Conduct and Guidance under which His Majesty hath put himself and the fiery Temper of that Order to whose Government he hath resigned his Conscience may greatly add to our Fears and give us all the Jealousie and Dread that we are capable of being impressed with in reference to Matters to come that there is nothing which can be Fatal to our Religion or Persons that we may not expect the being called to conflict with and suffer For tho most of the Popish Ecclesiasticks especially the Regulars bear an inveterate Malice to Protestants and hold themselves under indispensible Obligations of eradicating whatsoever their Church stiles Heresie and have accordingly been always forward to stir up and provoke Rulers to the use and Application of Force for the Destruction of Protestants as a Company of perverse and obstinate Hereticks adjudged and condemned to the Stake and Gibbet by the infallible Chair yet of all Men in the Communion of the Romish Church and of their Religious Orders the Jesuits are they who do most hate us and whose Counsels have been most Sanguinary and always tending to influence those Monarchs whose Consciences they have had the guiding and conducting of to the utmost Cruelties and Barbarities towards us What our Brethren have had measured out to them in France through Father de la Chaise's Influence upon that King and through the bewitching Power and Domination he hath over him in the quality of his Confessor and as having the Direction of his Conscience may very well alarm and inform us what we ought to expect from His Majesty of Great Britain who hath surrendered his Conscience to the Guidance of Father Peters a Person of the same Order and of the like mischievous and bloody Disposition that the former is 'T is well observed by the Author of the Reasons against Repealing the Acts of Parliament concerning the Test that Cardinal Howard's being of such a meek and gentle Temper that is able to withstand the Malignity of his Religion and to preserve him from concurring in those mischievous Counsels which his Purple might seem to oblige him unto is the reason of his being shut out from Acquaintance with and Interest in the English Affairs transacted at Rome and that whatsoever his Majesty hath to do in that Court is managed by his Ambassador under the sole Direction of the Jesuits So that it is not without cause that the Jesuit of Liege in his intercepted and lately printed Letter tells a Brother of the Order what a wonderful Veneration the King hath for the Society and with what profound Submission he receives those Reverend Fathers and hearkens to whatsoever they represent Nor is His Majesty's being under the Influence of the Jesuits through having one of them for his Confessor and several of them for his Chief Counsellors and principal Confidents the only thing in this Matter that awakens our Fear in what we are to expect from his armed Power excited and stir'd up by that fiery Tribe but there is another Ground why we ought more especially to dread him and that is his being entred and enrolled into the Order and become a Member of the Society whereby he is brought into a greater Subjection and Dependence upon them and stands bound by Ties and Engagements of being obedient to the Commands of the General of the Jesuits and that not only in Spirituals but in whatsoever they shall pretend to be subservient to the Exaltation of the Church and for upholding the Glory of the Tripple Crown This
Edward VI. but had the Royal Faith of Q. Mary laid to pledg in a Promise made to the Men of Suffolk that nothing should be done towards its Subversion or whereby they might be hindred in the free Exercise of it But as neither Law nor Promise could prove restraints upon Mary to hinder her from subverting Religion and burning Protestants so the Obligation of Gratitude that she was under to the Men of Suffolk for their coming in so seasonably to her Assistance against the D. of Northumb. who was in the field with an Army in the name of the Lady Jane Gray whom the Council had proclaimed Queen could not excuse them from sharing in the Severity that others met with it being observed that more of that County were Burnt for Religion than of any other Shire in England And 't is greatly to be feared that this piece of her Example will not escape being conform'd unto by the King in his Carriage towards those that eminently served him as well as all the rest of it in his Behaviour towards Protestants in general Nor is it possible to conceive that the Papists living at that ease and quietness which they did under his late Majesty of whose being of their Religion they were not ignorant as appears by the Proofs they have vouchsaf'd the World of it since his death would have been in so many plots for destroying him and at last have hastned him to his Fathers as can be demonstrated whensoever it is seasonable had they not been assur'd of more to be attempted by his Successor for the Extirpation of Protestants than Charles could be wrought up unto or prevail'd upon to expose his Person and Crown to the danger and hazard of For as it is not merely a Prince's being a Papist and mild gentle and favorable to Catholicks that will content the fiery Zealots of the Roman Clergy and the Regular Orders but he must both gratifie their Ambition in exalting them to a Condition above all others and serve their inhuman Lusts and brutal Passions in not suffering any to live in his Dominions that will not renounce the Northern Heresie so it is not more incredible that they should dispatch a Prince by an infusion in a Cup of Tea or Chocolate whom tho' they knew to be a Papist yet they found too cold and slow in promoting their Designs than that they should have murder'd another by a consecrated Dagger in the hand of Ravilliac the one being both more easie to be detected and likelier to derive an universal Hatred and Revenge upon them than the other And as the King 's being conscious of that parricide committed upon his Brother plainly tells us that there is nothing so abominable and barbarous which he hath not a Conscience that will swallow and digest so the Promotion of the Catholick Cause being the Motive to that horrid Crime we may be sure that what is hitherto done in favor of Papists falls much short of what is intended there being something more meritorious than all this amounts unto needful to attone for so barbarous a Villany which can be nothing else but the extirpating the Protestant Religion out of the three Kingdoms Nor is it probable that the present King who is represented for a Person ambitious of Glory would lose the Opportunities wherewith the present posture of Affairs in the World presents him of being the Umpire and Arbiter of Christendom and of giving check to the Grandeur and Usurpations of a neighboring Monarch to whom all Europe is in danger of becoming enslaved if he were not swallowed up in the Thoughts of a Conquest over the Consciences Laws and Liberties of his own People and of subjugating his Dominions to the Sea of Rome and had he not Hopes and Assurances of Aid and Assistance therein from that Monarch as he is emboldned and encouraged thereunto by his Pattern and Example What the Papists have all along been endeavoring for the Subversion of our Religion during and under the Reigns of Protestant Princes may yet farther inform and confirm us what they will infallibly attempt upon their having gotten one into the Throne who is not only in all things of their own Faith but of an Humor agreeable unto their Desires and of a Temper every way suited and adapted to their Designs Tho' the Protestant Religion had obtain'd some entrance into several States and Kingdoms and had made some considerable spread in Europe before it came to be generally received and established upon Foundations of Law in England yet they of other Countries were little able to defend themselves from the Power and Malice of the Church of Rome and of Popish Princes and many of them were very unsuccessful in Endeavors of that nature till England in Qu. Elizabeths time by espousing their Cause and undertaking their Quarrel not only wrought out their Safety but made them flourish This the Court of Rome and the Priests grew immediately sensible of and have therefore moulded all their Counsels ever since against England as being both the Bulwark of the Protestant Religion and the Ballance of Europe All the late attempts for the Extirpation of the Protestant Religion in France and elsewhere are much to be ascribed to the Confidence the Papists had in the late King and his Brother of their giving no Discouragement nor Obstruction to so holy a Design and thereupon as the first Edicts for infringing the Liberty and weakning and oppressing Protestants in France and the persecution in Hungary commenced and bore date with the Restoration of the Royal Family and multiplied and encreased from year to year as they grew into farther assurance of the Royal Brothers approving as well as conniving at what was done so that for the abolition of the Edict of Nants and the total Suppression of the Reformed Religion in France was emitted upon his present Majesty's being exalted to the Throne and the encouragement he gave them to a Procedure which as he now justifies he will hereafter imitate It were to suppose English Protestants exceedingly unacquainted with the History of their own Nation to give a long Deduction of what the Papists have attempted for the Extirpation of our Religion while we had Princes on the Throne whose Belief and Principles in Christianity led them to assert and defend the Reformation and who had Courage as well as Integrity to punish those that conspired against it Their many Conjurations against Queen Elizabeths Person and their repeated Endeavors of bringing in Foreigners and of betraying the Nation to the Spaniards who were to convert the Kingdom as they had done the West-Indies by killing the Inhabitants are sufficiently known to all who have allowed themselves leisure to read or who have been careful to remember what they have been often told by those that have inspected the Memoirs of those times The Gunpowder-plot with the Motives unto it and the extent of the mischief it was shapen for together with the insurrection they
administred by any of them shall ever tempt me to say they deserve it or cause me to ravel into their former and past carriages so as to fasten a blot or imputation upon the party or body of them whatsoever I may be forced to do as to particular persons among them For as to the generality I do believe them to be as honest industrious useful and vertuous a people tho many of them be none of the wisest nor of the greatest prospect as any party of men in the Kingdom and that wherein soever their carriage even abstracting from their differences with their Fellow Protestants in matters of Religion hath varied from that of other Subjects they have been in the Right and have acted most agreeably to the interest and safety of the Kingdom But it can be no reflection upon them to recall into their memories that the whole tenor of the King's actings towards them both when Duke of York and since he came to the Crown hath been such as might render it beyond dispute that they are so far from having any singular room in his favour that he bears them neither pity nor compassion but that they are the objects of his unchangeable indignation For not to mention how the Persecutions that were observed always to relent both upon his being at any distance from the late King and upon the abatement of his influence at any time into Counsels were constantly revived upon his return to Court and were carried on in degrees of severity proportionable to the figure he made at Whitehall and his Brothers disposedness and inclination to hearken to him surely their memories cannot be so weak and untenacious but they must remember how their sufferings were never greater nor the Laws executed with more severity upon them than since his Majesty came to ascend the Throne As it is not many years since he said publickly in Scotland that it were well if all that part of the Kingdom which is above half of the Nation where the Dissenters were known to be most numerous were turned into a hunting field so none were favoured and promoted either there or in England but such as were taken to be the most fierce and violent of all others against Fanaticks Nor were men preferred either in Church or State for their learning vertue or merit but for their passionate heats and brutal rigours to Dissenters And whereas the Papists from the very first day of his arrival at the Government had beside many other marks of his Grace this special Testimony of it of not having the penal Statutes to which they stood liable put in execution against them all the Laws to which the Dissenters were obnoxious were by his Majesty's Orders to the Judges Justices of the Peace and all other Officers Civil and Ecclesiastical most unmercifully executed Nor was there the least talk of lenity to Dissenters till the King found that he could not compass his Ends by the Church of England and prevail upon the Parliament for repealing the Tests and cancelling the other Laws in force against Papists which if they could have been wrought over unto the Fanaticks would not only have been left Pitiless and continued in the Hands of the furious Church men to exercise their Spleen upon but would have been surrendred as a Sacrifice to new Flames of Wrath if they of the Prelatical Communion had retained their wonted Animosity and thought it for their Interest to exert it either in the old or in fresh Methods But that Project not succeeding his Majesty is forced to shift Hands and to use the Pretence of extending Compassion to Dissenting Protestants that he may the more plausibly and with the less Hazard suspend and disable the Laws against Papists and make way for their Admission into all Offices Civil and Military which is the first Step and all that he is yet in a Condition to take for the Subversion of our Religion And all the celebrated Kindness to Fanaticks is only to use them as the Cat 's Paw for pulling the Chesunt out of the Fire to the Monkey and to make them stales under whose Shroud and Covert the Church of Rome may undermine and subvert all the legal Foundations of our Religion which to suffer themselves to be Instrumental in will not in the Issue turn to the Commendation of the Dissenters Wisdom or their Honesty Nor is there more Truth in the King 's declaring it to have been his constant Opinion that Conscience ought not to be constrained nor People forced in Matters of mere Religion than there is of Justice in that malicious Insiuuation in his Letter to Mr. Alsop against the Church of England That should he see cause to change his Religion he should never be of that Party of Protestants who think their only way to advance their Church is by undoing those Churches of Christians that differ from them in smaller Matters Forasmuch as he is in the mean time a Member of the most Persecuting and Bloody Society that ever was cloathed with the name of a Church and whose Cruelty towards Protestants he is careful not to Arraign by fastning his Offence at Severity upon Differences in smaller Matters which he knows that those between Rome and us are not nor so accounted of by any of the Papal Fellowship It were to be wished that the Dissenters would reflect and consider how when the late King had emitted a Declaration of Indulgence Anno 1672. upon pretended Motives of Tenderness and Compassion to his Protestant Subjects but in truth to keep all quiet at home when in Conjunction with France he was engaging in an unjust War against a Reformed State abroad and in order to steal a Liberty for the Papists to Practise their Idolatries without incurring a Suspition himself of being of the Romish Religion and in hope to wind up the Prerogative to a Paramount Power over the Law and how when the Parliament condemned the Illegality of it and would have the Declaration recalled all his Kindness to Dissenters not only immediately vanished but turned into that Rage and Fury that tho both that Parliament addressed for some Favor to be shew'd them and another voted it a Betraying of the Protestant Religion to continue the Execution of the Penal Laws upon them yet instead of their having any Mercy or Moderation exercised towards them they were thrown into a Furnace made seven times hotter than that wherein they had been scorched before And without pretending to be a Prophet I dare prognosticate and foretell that whensoever the present King hath compassed the Ends unto which this Declaration is designed to be subservient namely the placing the Papists both in the open Exercise of their Religion and in all publick Offices and Trusts and the getting a Power to be acknowledged vested in him over the Laws that then instead of the still Voice calmly whispered from Whitehall they will both hear and feel the Blasts of a mighty rushing Wind and
time acquaint his Highness with what we have further done at that Meeting Dated at Guild-hall the 11th of December 1688. A Paper delivered to his Highness the Prince of Orange by the Commissioners sent by his Majesty to treat with him And his Highness's Answer WHereas on the 8th of December 1688. at Hungerford a Paper signed by the Marquess of Hallifax the Earl of Nottingham and the Lord Godolphin Commissioners sent unto us from His Majesty was delivered to Us in these Word following viz. Sir THE King commanded us to acquaint You That he observeth all the Differences and Causes of Complaint alledged by Your Highness seem to be referred to a Free Parliament His Majesty as He hath already declared was resolved before this to call one but thought that in the present State of Affairs it was advisable to defer it till things were more compos'd Yet seeing that His People still continue to desire it He hath put forth His Proclamation in order to it and hath issued forth His Writs for the calling of it And to prevent any Cause of Interruption in it He will consent to every thing that can be reasonably required for the Security of all those that shall come to it His Majesty hath therefore sent Us to attend Your Highness for the adjusting of all Matters that shall be agreed to be necessary to the Freedom of Elections and the Security of Sitting and is ready immediately to enter into a Treaty in Order to it His Majesty proposeth that in the mean time the respective Armies may be restrained within such Limits and at such a Distance from London as may prevent the Apprehensions that the Parliament may in any kind be disturbed being desirous that the Meeting of it may be no longer delay'd than it must be by the usual and necessary Forms Hungerford Dec. 8. 88. Signed Hallifax Nottingham Godolphin We with the Advice of the Lords and Gentlemen assembled with Vs have in Answer to the same made these following Proposals I. THAT all Papists and such Persons as are not qualified by Law be Disarmed Disbanded and Removed from all Employments Civil and Military II. That all Proclamations which Reflect upon Us or any that have come to Us or declared for Us be recalled and that if any Persons for having so assisted have been committed that they be forthwith set at Liberty III. That for the Security and Safety of the City of London the Custody and Government of the Tower be immediately put into the Hands of the said City IV. That if His Majesty shall think fit to be at London during the Sitting of the Parliament that We may be there also with equal Number of our Guards Or if his Majesty shall please to be in any place from London at what-ever distance he thinks fit that We may be at a place of the same distance And that the respective Armies do remove from London Thirty Miles and that no more Foreign Forces be brought into the Kingdom V. That for the Security of the City of London and their Trade Tilbury Fort be put into the Hands of the said City VI. That to prevent the Landing of French or other Foreign Troops Portsmouth may be put into such Hands as by Your Majesty and Us shall be agreed upon VII That some sufficient part of the Publick Revenue be Assigned Us for the Maintaining of our Forces until the Meeting of a Free Parliament Given at Littlecott the Ninth of December 1688. W. H. Prince of Orange The Speech of the Recorder of Bristol to his Highness the Prince of Orange Monday January the 7th 1688. The Mayor Recorder Aldermen and Commons of the Principal Citizens of the City of Bristol waited upon the Prince of Orange being introduced by his Grace the Duke of Ormond their High-Steward and the Earl of Shrewsbury Where the Recorder spake to this Effect May it please your Highness THE Restitution of our Religion Laws and Liberties and the Freeing us from that Thraldom which hath rendred us for many Years useless and at last dangerous to the Common Interest of the Protestant World by your Highness's singular Wisdom Courage and Conduct are not only a Stupendious Evidence of the Divine Favour and Providence for our Preservation but will be and ought to be an Everlasting Monument of your Highness's Magnanimity and other the Heroick Vertues which Adorn your great Soul by whom such a Revolution is wrought in this Nation as is become the Joy and Comfort of the Present and will be the Wonder of all Succeeding Ages In the Contrivance and Preparation of which great Work your Highness like the Heavens did shed your propitious Influences upon us whilst we slept and had scarce any prospect from whence we might expect our Redemption But as since your happy Arrival in England we did among the first Associate our selves to assist and promote your Highness's most glorious Design with our Lives and Fortunes so we now think our selves bound in the highest Obligation of Gratitude most humbly to present to your Highness our humble and hearty Thanks for this our Deliverance from Popery and Arbitrary Power and likewise for declaring your gracious Intentions That by the Advice of the Estates of this Kingdom you will rectifie the late Disorders in the Government both Ecclesiastical and Civil according to the known Laws The due and inviolable Observation of which will in our poor Opinion be the only proper Means to render the Soveraign Secure and both Soveraign and Subject happy To which his Highness returned a most Gracious Answer By the Commissioners of Lieutenancy for the said City Guild-hall London December the 11th 1688. Ordered THat Sir Robert Clayton Kt. Sir William Russel Kt. Sir Basil Firebrass Kt. and Charles Duncomb Esq be a Committee from the said Lieutenancy to Attend his Royal Highness the Prince of Orange and present to his Highness the Address agreed by the Lieutenancy for that purpose And that they begin their Journey to Morrow Morning By the Commissioners Command Geo. Evans Cl. Lieu. London To His Highness the Prince of Orange The Humble Address of the Lieutenancy of the City of London May it please Your Highness WE can never sufficiently express the deep Sense we have conceived and shall ever retain in our Hearts That Your Highness has exposed Your Person to so many Dangers both by Sea and Land for the Preservation of the Protestant Religion and the Laws and Liberties of this Kingdom without which unparallel'd Undertaking we must probably have suffered all the Miseries that Popery and Slavery could have brought upon us We have been greatly concerned that before this time we have not had any seasonable Opportunity to give Your Highness and the World a real Testimony that it has been our firm Resolution to venture all that is Dear to Us to attain those glorious Ends which Your Highness has proposed for restoring and settling these Distracted Nations We therefore now unanimously present to Your Highness
owe Arbitraty Allegiance Allegiance is more in some Places and less in others but no Man can owe so much Duty to his Prince as not to have a Salvo for God and his Life and here we can owe none that is against our Laws and the Publick Good for that would destroy the Government Our Allegiance therefore must be bounded by our Laws and not by the King's Word or Will No Man can swear to obey the King's Word or Will simply but according to Law It would be Sin to tye our selves to think or speak or do what he would have us at large Our Allegiance therefore must be such as will consist with the Frame of our Government and that must be such as is couched in the Body of our Laws Other Allegiance there can be none but what is wrapt up in Courtesies and Formalities For it seems the King as well as the People is under the Law in some Sense under the direction of it though not under the constraint and therefore at his Coronation he does a kind of Fealty to the Laws and Government and swears Allegiance to them as to a Supream Lord. The Oath is not only Will you grant the Laws but will you grant and keep the Laws and Customs of England and the Answer is I grant and promise to keep them It is certain therefore no Allegiance to the King can be against Law to which he himself owes Allegiance The Case being thus far clear That the Allegiance sworn to is no other but our Legal Duty it does not hinder but that we may resist illegal Force When the King of the Scots swore allegiance to our King it did not deprive him of a just defence of his just Right by taking up arms if he were opprest And the King of England when he swore allegiance to the King of France made no scruple to take up arms against his Liege Lord in defence of his just Rights And the Old Lawyers tell us That the very Villain might in case of Rape and Murther arm against his Lord and if the Law arm a Villain against his Lord Subjects are worse than Villains if they may not arm against their Soveraign Lord's illegal Forces in defence of their Laws Lives Estates and the publick good but what makes it most evident is the Clause in King Henry's Charter which says If the King invade those Rights it is Lawful for the Kingdom to rise against him and do him what injury they can as though they owed him no Allegiance The Words are these if my Author fail me not Licet omnibus de Regno nostro contra nos insurgere omnia agere quae gravamen noster respiciant ac si nobis in nullo tenerentur Much to the same purpose is in King John's Charter which I find thus quoted Et Illi Barones cum communa totius terrae distringent gravabunt Nos Modis omnibus quibus poterunt scilicet per captionem Castrorum terrarum possessionum etalis modis quibus potuerint donet fuerint emendatum secundum Arbitrium eorum salva persona nostra Reginae nostrae Liberorum nostrorum Much may be said of this Nature about the Old Allegiance which was all couched in Homage and Fealty but this is enough to show that true Allegiance does not tye us from resisting illegal Force and Intolerable Incroachments upon our just Rights Obj. 10. But such Resistance would be against the Declaration which says It is not Lawful upon any pretence whatsoever to take up Arms against the King c. Answ The Latitude of the word Lawful causes the Scruple which at first View seems to tell us That it is sinful upon any pretence whatsoever to take up arms against the King c. But it is no good consequence to say That it is sinful because it is unlawful unless the Discourse be restrained to the Laws of God I must confess it is politically unlawful for Subjects in any Case or for any Cause whatever to take up arms against the King and those Commission'd by him because such a taking up arms here can have no political authority But it is morally lawful in all limited Governments to resist that Force that wants political power The regal power is irresistable in all Persons from the King to the petty Constable but it does not hinder but that all these Persons may be resisted when they do what they have no political power to They that have a limited power and a prescribed Duty may either act against or beyond their Commission and when they so do they may be resisted For such acts have no political power in them though the Persons have to other purposes If a Commission should be granted to a Company of Ruffians to plunder and massacre they might have something more of the King's Affections but no more of his authority than Private Robbers had and consequently might be resisted with equal Honesty None therefore can make this Declaration in its full Latitude but upon this presumption That the King and his Ministers keep perpetually within the Bounds of the Law otherwise they declare the King has an arbitrary power which is against the Fundamental Laws of this Land and a kind of Treason against the State For if he may not be resisted in any Case he may be under some moral restraint but under no political restraint and consequently the political frame of the Government must be arbitrary The meaning therefore of this Declaration can be no other but that a Man can have no Civil power or authority in any Case to take up arms against the King c. But this does not debar any man of the Natural Right of Self-defence by private arms against Inauthoritative Force Obj. 11. To this some reply that seeing God hath placed the Governing though limited Power in the King's Hand no Man may by any Natural Right or Private Defence resist his illegal Force God s Power must not be resisted though abused Answ There is a great difference between the abuse of power and the want of power and therefore this argument either supposes the power greater than it is or concludes ill The King and Parliament have indeed an arbitrary power I do not say Infinite but as Extensive as the frame of government will bear and therefore if they make a very grievous Law though they ought not for they are under a moral restraint though no political neither the King nor any of his Ministers may be resisted in the due Execution of it But the King has no power to burden us beyond or against Law and we may thank our own Weakness if ever he have Strength to do it This shows us there is a great difference betwixt the abuse of political power and the want of it Abused power must not be resisted but Force without power may The political power of arbitrary Princes is more extensive than their moral power And this tyes the Subject to Non-resistance when
bars them of Corporal and so Man under one of the best Governments in the World is left naked in the midst of Savage Beasts for homo lupus and must not though he be able make any defence for himself Thus all the Rights of Society and Nature are sacrificed to the Lust and Age of a wicked King and his evil Instruments and the Body Politick is really in a worse Condition than an unlimited Multitude for they may defend themselves if they will against any Enemy but these have an Enemy and may not defend themselves though in never so just a Cause and what is worst of all must hold their own Hands whilst others cut their Throats Lastly This Doctrine would make all Monarchs Arbitrary Monarchs and a like in effect for if the Subjects may not nor ought if they were able resist the Prince any further than by refusing to join with him then he were Arbitrary and might do what he pleas'd without opposition he had but a Moral Restraint and the most absolute Monarch had that upon him and all Limitations in the Fundamentals of Government would be idle and superfluous because they contained only such Rights as others might take from us at pleasure and we might not defend or oppose But the end of limitted Monarchies is not that the Monarch might not lawfully or rightfully oppress for an Arbitrary Monarch is bound to all that but the end of all Limitations in Government is That the Prince may want Means as well as Right to oppress that he may not be able to injure the Subject at all either lawfully or unlawfully they are limitted to govern by Laws that they may want Means as well as Right to include the Subjects Property But the Doctrine of Non-resistance give them Means for a Temptation and is indeed but a fair Bait to draw them into a Snare An Enquiry into the Measures of Submission to the SUPREAM AUTHORITY And of the Grounds upon which it may be lawful or necessary for Subjects to defend their Religion Lives and Liberties THis Enquiry cannot be regularly made but by taking in the first place a true and full view of the Nature of Civil Society and more particularly of the Nature of Supream Power whether it is lodged in one or more Persons I. It is certain that the Law of Nature has put no difference nor subordination among Men except it be that of Children to Parents or of Wives to their Husbands so that with relation to the Law of Nature all Men are born free and this Liberty must still be supposed entire unless so far as it is limited by Contracts Provisions and Laws For a Man can either bind himself to be a Slave by which he becomes in the power of another only so far as it was provided by the Contract since all that Liberty which was not expresly given away remains still entire so that the Plea for Liberty always proves it self unless it appears that it is given up or limited by any special Agreement II. It is no less certain that as the light of Nature has planted in all Men a natural Principle of the Love of Life and of a Desire to preserve it so the common Principles of all Religion agree in this that God having set us in this World we are bound to preserve that Being which he has given us by all just and lawful Ways Now this Duty of Self-preservation is exerted in Instances of two sorts the one are in the resisting of violent Aggressors the other are the taking of just Revenges of those who have invaded us so secretly that we could not prevent them and so violently that we could not resist them In which Cases the Principle of Self-preservation warrants us both to recover what is our own with just Damages and also to put such unjust Persons out of a capacity of doing the like Injuries any more either to our selves or to any others Now in these Instances of Self-preservation this difference is to be observed that the first cannot be limited by any slow Forms since a pressing Danger requires a vigorous Repulse and cannot admit of Delays whereas the second of taking Revenges or Reparations is not of such haste but that it may be brought under Rules and Forms III. The true and Original Notion of Civil Society and Government is that it is a Compromise made by such a Body of Men by which they resign up the right of demanding Reparations either in the way of Justice against one another or in the way of War against their Neighbours to such a single Person or to such a Body of Men as they think fit to trust with this And in the management of this Civil Society great distinction is to be made between the Power of making Laws for the Regulating the Conduct of it and the Power of Executing those Laws The Supream Authority must still be supposed to be lodged with those who have the Legislative Power reserved to them but not with those who have only the Executive which is plainly a Trust when it is separated from the Legislative Power and all Trusts by their Nature import that those to whom they are given are accountable even though it should not be expresly specified in the words of the Trust it self IV. It cannot be supposed by the Principles of Natural Religion that God has authorized any one Form of Government any other way than as the general Rules of Order and of Justice oblige all Men not to subvert Constitutions nor disturb the Peace of Mankind or invade those Rights with which the Law may have vested some Persons for it is certain that as private Contracts lodg or translate private Rights so the publick Laws can likewise lodg such Rights Prerogatives and Revenues in those under whose Protection they put themselves and in such a manner that they may come to have as good a Title to these as any private Person can have to his Property so that it becomes an Act of high Injustice and Violence to invade these which is so far a greater Sin than any such Actions would be against a private Person as the publick Peace and Order is preferrable to all private Considerations whatsoever So that in truth the Principles of natural Religion give those that are in Authority no Power at all but they do only secure them in the possession of that which is theirs by Law And as no Considerations of Religion can bind me to pay another more than I indeed owe him but do only bind me more strictly to pay what I owe so the Considerations of Religion do indeed bring Subjects under stricter Obligations to pay all due Allegiance and Submission to their Princes but they do not at all extend that Allegiance further than the Law carries it And though a Man has no divine Right to his Property but has acquired it by human Means such as Succession or Industry yet he has a security for the Enjoyment of it
super sacras sanctas reliquias coram Regno Sacerdotio Clero jurare antequam ab Archiepiscopis Episcopis Regni coronetur Lamb. de priscis Anglorum Legibus p. 142. Another Instance of the Deposition of a King of England subsequent to this Law we find in King John's time whose Oppressions and Tyrannical Government our Histories are full of Of which take this following Account out of a very Antient Historian Whereas the said John had sworn solemnly at his Coronation as the manner is that he would preserve the Rights and Usages of the Church and Realm of England yet contrary to his Oath he subjected as far as in him lay the Kingdom of England which has always been free and made it tributary to the Pope without the Advice and Consent of his Barons subverting good Customs and introducing evil ones endeavouring by many Oppressions and many ways to enslave both the Church and the Realm which Oppressions you know better than I as having felt them by manifold Experience For which Causes when after many Applications made War was waged against him by his Barons at last amongst other things it was agreed with his express Consent that in case the said John should return to his former Villanies the Barons should be at liberty to recede from their Allegiance to him never to return to him more But he after a few days made his latter end worse than his beginning endeavouring not only to oppress his Barons but wholly to exterminate them who therefore in a GENERAL ASSEMBLY and with the APPROBATION of ALL THE REALM adjudging him unworthy to be King chose US for their Lord and King Collect. p. 1868 1869. Chron. W. Thorn Cum praefatus Johannes in Coronatione suâ solennitèr prout moris est jurasset se Jura Consuetudines Ecclesiae Regni Angliae conservaturum contra juramentum suum absque consilio vel consensu Baronum suorum idem Regnum quod semper fuit liberum quantum in ipso fuit Domino Papa subjecit fecit tributarium bonas consuetudines subvertens malas indutens tam Ecclesiam quam Regnum multis oppressionibus multisque modis studens ancellare quas oppressiones vos meliùs nostis quam nos ut qui eas familiari sensistis experimento Pro quibus cum post multas requisitiones guerra mota esset contra ipsum à Baronibus suis tandem inter caetera de ejus expresso Consensu it à convenit ut si idem Johannes ad flagitia prima rediret ipse Barones ab ejus fidelitate recederent nunquam ad eum postmodùm reversuri Verùm ipse nihilominus paucis diebus evolutis fecit novissima sua pejora prioribus studens Barones suos non tantum opprimere sed potiùs penitùs exterminare Qui DE COMMVNI REGNI CONSILIO APPROBATIONE ipsum Regno judicantes indignum nos in Regem Dominum elegerunt Collect. 1868 1869. Chron. W. Thorn Lewis his Letter to the Abbot of St. Austins Canterbury The next Instance shall be that of King Edward the Second the Record of whose Deposition if it were extant would probably disclose all the Legal Formalities that were then accounted proper for the deposing an Unjust Oppressive King But they were cancelled and imbezled as is highly probable from Rastal's Stat. pag. 170 171. compar'd with the Articles exhibited in Parliament against King Richard the Second of which hereafter in King Richard the Second's time and by his Order Yet the Articles themselves are preserv'd in the Collect. and are as followeth viz. Accorde est que Sire Edward Fitz aisnè du Roy ait le Goverment du Royalme soit Roy Couronne pur les causes que s' ensuent 1. Pur ceo que la Person le Roy n' est pas suffisant de Governer Car en tout son temps il ad estre mene governe per auters que ly ont mavaisement conseillez à deshonour de ly destruction de Saint Esglise de tout son People sanz ceo que il le vousist veer ou conuster lequel il fust bon ou mauvays ou remedie mettre au faire le voufist quant il fuit requis par les grants sages de son Royalme ou souffrir que amende fuist faite 2. Item Par son temps il ne se voloit doner à bon Counsel ne le croire ne à bon Government de son Royalme mes se ad done tous jours as Ouvrages Occupations nient Convenables enterlessant l'esploit des besoignes de son Royalme 3. Item Par defaut de bon goverment ad il perdu le Royalme d'Escoce auters Terres Seigneuries en Gascoyne Hyrland les queux son Pere le leisa en pees amistè du Roy de France dets mults des auters Grants 4. Item Par sa fiertè qualte par mauvays Counsel ad il destruit Saint Esglise les Persons de Saint Esglise tenus en prison les uns les auters en distresce auxynt plusors Grants Nobles de sa terre mys à honteuse mort enprisones exulets desheritez 5. Item Là ou il est tenus par son serment à faire droit à toute il ne l' ad pas volu faire pur son propre proffitt covetise de ly de ces maveis consailires que ount este pres de ly ne ad garde les auters Points del serment qu' il fist à son Coronement si come il fuest tenus 6. Item Il deguerpist son Royalme fist tant come en ly fust que son Royalme son People fust perduz que pys est pur la cruaute de ly defaute de sa personne il est trove incorrigible saunz esperance de amendment les queux choses sont si notoires qu' ils ne pount este desdits For these Causes De consilio assensu omnium Praelatorum Comitum Baronum totius Communitatis Regni amotus est à regimine Regni Apolog. Ade de Orleton Collect p. 2765 2766. It is accorded that Prince Edward the King 's eldest Son shall have the Government of the Kingdom and be crowned King for the Causes following 1. For that the Person of the King is insufficient to govern for that during his whole Reign he has been led and governed by others who have given him evil Counsel to his Dishonour and the Destruction of Holy-Church and of all his People he being unwilling to consider or know what was good or evil or to provide remedy even when it was required of him by the great and wise Men of his Realm or suffer any to be made 2. Also during all his time he would neither hearken to nor believe good Counsel nor apply himself to the good Government of his Realm but hath always given himself over to Things and Occupations altogether inconvenient omitting in the mean
Regnis atque populi innumerabiles in Guerrâ illâ mortem mortis periculum sustinuerunt bona quoque catalla inaestimabilia thesauros innumerabiles pro sustentatione hujus guerrae Communes Regni hujus indefesse effuderunt Et quod graviùs dolendum est jam in diebus vestris tanta onera iis imposita pro guerris vestris sustinendis supportaverunt quod ad tantam pauperiem incredibilem deducti sunt quod nec reditus suos pro suis tenementis solvere possunt nec Regi subvenire nec vitae necessaria sibi ipsis ministrare depauperatur Regia potestas Dominorum Regni magnatum infelicitas adducitur atque totius populi debilitas Nam Rex depauperari nequit qui divitem habet populum nec dives esse potest qui pauperes habet communes Et mala haec omnia redundant non solum Regi sed omnibus singulis Dominis Proceribus Regni unicuique in suo gradu Et haec omnia eveniunt per iniquos ministros Regis qui malè gubernaverunt Regem Regnum usque in praesens Et nisi manus citiùs apponamus adjutrices remedii fulcimentum adhibeamus Regnum Angliae dolorosè attenuabitur tempore quo minus opinamur Sed unum aliud de nuncio nostro superest nobis ex parte populi vestri vobis intimare Habent enim EX ANTIQUO STATUTO de facto non longe retroactis temporibus experienter quod dolendum est habito si Rex EX MALIGNO CONSILIO QUOCUNQUE vel INEPTA CONTUMACIA aut CONTEMPTU seu PROTERVA VOLUNTATE SINGULARI aut QUOVIS MODO IRREGULARI se alienaverit à populo suo nec voluerit per jura Regni Statuta ac laudabiles Ordinationes cum salubri consilio Dominorum Procerum Regni gubernari regulari sed capitose in suis insanis consiliis propriam voluntatem suam singularem proterve exercere extunc licitum est iis cum communi assensu consensu Populi Regni ipsum REGEM DE REGALI SOLIO ABROGARE propinquiorem aliquem de stirpe Regiâ loco ejus in Regni solio sublimare H. Knighton Collect. 2681. Wherefore taking wholsome Advice they sent by common Assent of the whole Parliament the Lord Thomas de Woodstock Duke of Glocester and Thomas de Arundell Bishop of Ely to the King to Eltham to salute him on behalf of the Lords and Commons of his Parliament who express'd their Desires to the King to this effect Sir The Lords and all the Commons of your Parliament have themselves commended to your most excellent Majesty desiring the Success of your invincible Honour against the Power of your Enemies and a most firm Bond of Peace and Love in your Heart towards your Subjects for your good God-wards and the good of your Soul and to the unspeakable Comfort of all your People whom you govern On whose behalf we intimate these things to you That it appears to us by an antient Statute and by laudable and approved Vsage which cannot be deny'd that our King can call together the Peers of the Realm and the Commons once a year to his Parliament as to the supream Court of the whole Kingdom in which all Right and Justice ought to shine forth without any doubt or stain as the Sun at Noon-day where Poor and Rich may find an infallible Refuge to enjoy the Refreshments of Tranquillity and Peace and for repelling of Injuries where also Errors in Government are to be reformed and the State and Government of King and Kingdom treated upon by sage Advice and the destroying and repelling of both intestine and foreign Enemies to the King and Kingdom with most Convenience and Honour may be debated upon and provided for as also in what manner the Charges incumbent upon the King and Kingdom may be born with most ease to the Commonalty They conceive likewise that since they bear the incumbent Charges it concerns them to inspect how and by whom their Goods and Chattels are expended They say also that it appears to them by an antient Statute that if the King absent himself from his Parliament voluntarily not by reason of Sickness or for any other necessary cause but through an inordinate Will shall wantonly absent himself by the space of forty days as not regarding the Vexation of his People and their great Expences it shall then be lawful to all and singular of them to return to their own Homes without the King's leave And you have now been longer absent and have refused to come to them for what cause they know not Then said the King I now plainly see that my People and the Commons design to oppose me with Force and are about to make an Insurrection against me And if I be so infested I think the best course I can take will be to _____ my Cousin the King of France and ask his Advice and pray in aid of him against those that way-lay me and rather to submit my self to him than be foil'd by my own Subjects To which they reply'd That Counsel is not for your good but will inevitably tend to your ruin for the King of France is your capital Enemy and the greatest Adversary that your Kingdom has and if he should set his foot within your Kingdom he would rather endeavour to prey upon you and invade your Realm and to depose you from your Royal Dignity than afford you any Assistance if which God forbid you should stand in need of his help Call to mind therefore how your Grand-father King Edward III and your Father Prince Edward for him fought indefatigably in Sweat and Sorrow all their days and went through innumerable Hardships of Cold and Heat to acquire the Kingdom of France which by hereditary Right appertain'd to Them and does now to You by Succession after them Remember likewise how innumerable Lords and Commons of both Realms and Kings and Gentlemen of other Kingdoms and People innumerable perished or hazarded perishing in that War and that the Commons of this Realm pour'd out Goods of inestimable value and innumerable Sums of Money for the carrying on of that same War and which is more to be lamented they have now in your days undergone such heavy Taxes towards the maintaining of your Wars that they are reduced to such incredible Poverty that they cannot so much as pay their Rents for their Farms nor aid the King nor afford themselves Necessaries and the King himself is impoverish'd and the Lords become uneasy and all the People faint for a King cannot become poor that has a rich People nor can he be rich whose People are poor And all these Mischiefs redound not to the King only but also to all and singular the Peers of the Realm in proportion And all these Mischiefs happen by means of the King 's Evil Ministers who have hitherto misgovern'd both the King and Kingdom and if some course be not taken the Kingdom of England will
be miserably diminish'd sooner than we are aware But there remains yet another part of our Message which we have to impart to you on the behalf of your People They find in an antient Statute and it has been done in fact not long ago That if the King through any Evil Counsel or foolish Contumacy or out of Scorn or some singular petulant Will of his own or by any other irregular Means shall alienate himself from his People and shall refuse to be govern'd and guided by the Laws of the Realm and the Statutes and laudable Ordinances thereof together with the wholsom Advice of the Lords and great Men of his Realm but persisting head-strong in his own hare-brain'd Counsels shall petulantly prosecute his own singular humour That then it shall be lawful for them with the common assent and consent of the People of the Realm to depose that same King from his Regal Throne and to set up some other of the Royal Blood in his room H. Knight Coll. 2681. No Man can imagine that the Lords and Commons in Parliament would have sent the King such a Message and have quoted to him an old Statute for deposing Kings that would not govern according to Law if the People of England had then apprehended that an Obedience without reserve was due to the King or if there had not been such a Statute in being And though the Record of that Excellent Law be lost as the Records of almost all our Antient Laws are yet is the Testimony of so credible an Historian who lived when these things were transacted sufficient to inform us that such a Law was then known and in being and consequently that the Terms of English Allegiance according to the Constitution of our Government are different from what some Modern Authors would persuade us they are This Difference betwixt the said King and his Parliament ended amicably betwixt them in the punishment of many Evil Counsellors by whom the King had been influenced to commit many Irregularities in Government But the Discontents of the People grew higher by his After-management of Affairs and ended in the Deposition of that King and setting up of another who was not the next Heir in Lineal Succession The Articles against King Richard the Second may be read at large in H. Knighton Collect. 2746 2747 c. and are yet extant upon Record An Abridgment of them is in Cotton's Records pag. 386 387 388. out of whom I observe these few there being in all Thirty three The First was His wasting and bestowing the Lands of the Crown upon unworthy Persons and overcharging the Commons with Exactions And that whereas certain Lords Spiritual and Temporal were assign'd in Parliament to intend the Government of the Kingdom the King by a Conventicle of his own Accomplices endeavoured to impeach them of High-Treason Another was For that the King by undue means procured divers Justices to speak against the Law to the destruction of the Duke of Glocester and the Earls of Arundel and Warwick at Shrewsbury Another For that the King against his own Promise and Pardon at a solemn Procession apprehended the Duke of Glocester and sent him to Calice there to be choaked and murthered beheading the Earl of Arundel and banishing the Earl of Warwick and the Lord Cobham Another For that the King's Retinue and a Rout gathered by him out of Cheshire committed divers Murders Rapes and other Felonies and refused to pay for their Victuals Another For that the Crown of England being freed from the Pope and all other Foreign Power the King notwithstanding procured the Pope's Excommunication on such as should break the Ordinances of the last Parliament in derogation of the Crown Statutes and Laws of the Realm Another That he made Men Sheriffs who were not named to him by the Great Officers the Justices and others of his Council and who were unfit contrary to the Laws of the Realm and in manifest breach of his Oath Another For that he did not repay to his Subjects the Debts that he had borrowed of them Another For that the King refused to execute the Laws saying That the Laws were in his Mouth and Breast and that himself alone could make and alter the Laws Another For causing Sheriffs to continue in Office above a Year contrary to the tenor of a Statute-Law thereby incurring notorious Perjury Another For that the said King procured Knights of the Shires to be returned to serve his own Will Another For that many Justices for their good Counsel given to the King were with evil Countenance and Threats rewarded Another For that the King passing into Ireland had carried with him without the Consent of the Estates of the Realm the Treasure Reliques and other Jewels of the Realm which were used safely to be kept in the King 's own Coffers from all hazard And for that the said King cancelled and razed sundry Records Another For that the said King appear'd by his Letters to the Pope to Foreign Princes and to his Subjects so variable so dissembling and so unfaithful and inconstant that no Man could trust him that knew him insomuch that he was a Scandal both to himself and the Kingdom Another That the King would commonly say amongst the Nobles that all Subjects Lives Lands and Goods were in his hands without any forfeiture which is altogether contrary to the Laws and Vsages of the Realm Another For that he suffered his Subjects to be condemned by Martial-Law contrary to his Oath and the Laws of the Realm Another For that whereas the Subjects of England are sufficiently bound to the King by their Allegiance yet the said King compell'd them to take new Oaths These Articles with some others not altogether of so general a concern being considered and the King himself confessing his Defects the same seemed sufficient to the whole Estates for the King's Deposition and he was depos'd accordingly The Substance and Drift of all is That our Kings were antiently liable to and might lawfully be deposed for Oppression and Tyranny for Insufficiency to govern c. in and by the great Council of the Nation without any breach of the old Oath of Fealty because to say nothing of the nature of our Constitution express and positive Laws warranted such Proceedings And therefore the Frame of our Government being the same still and the Terms of our Allegiance being the same now that they were then without any new Obligations superinduced by the Oaths of Allegiance and Supremacy a King of England may legally at this day for sufficient cause be deposed by the Lords and Commons assembled in a Great Council of the Kingdom without any breach of the present Oaths of Supremacy or Allegiance Quod erat demonstrandum MANTISSA WHen Stephen was King of England whom the People had chosen rather than submit to Mawd tho the Great Men of the Realm had sworn Fealty to her in her Father's life-time Henry Duke of Anjou Son of the said Mawd afterwards King Henry the Second invaded the Kingdom An. Dom. 1153 which was towards the latter-end of King Stephen's Reign and Theobald Archbishop of Canterbury endeavoured to mediate a Peace betwixt them speaking frequently with the King in private and sending many Messages to the Duke and Henry Bishop of Winchester took pains likewise to make them Friends Factum est autem ut mense Novembris in fine mensis EX PRAECEPTO REGIS ET DUCIS Collect. pag. 1374 1375. convenirent apud Wintoniam Praesules Principes Regni ut ipsi jam initae paci praeberent assensum unanimiter juramenti Sacramento confirmarent i.e. It came to pass that in the Month of November towards the latter end of the Month at the summons of the King and of the Duke the Prelats and Great Men of the Kingdom were assembled at Winchester that they also might assent to the Peace that was concluded and unanimously swear to observe it In that Parliament the Duke was declared King Stephen's adopted Son and Heir of the Kingdom and the King to retain the Government during his Life I observe only upon this Authority That there being a Controversy betwixt the King and the Duke which could no otherwise be determined and settled but in a Parliament the Summons of this Parliament were issued in the Names of both Parties concerned Quisquis habet aures ad audiendum audiat FINIS