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A53413 Eikōn vasilikē tritē, or, The picture of the late King James further drawn to the life in which is made manifest by several articles that the whole course of his life hath been a continued conspiracy against the Protestant religion, laws, and liberties of the three kingdoms : in a letter to himself : part the third / by Titus Oates ... Oates, Titus, 1649-1705. 1697 (1697) Wing O40A; ESTC R15499 127,213 108

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themselves that they had erred with their Fathers the Power of that House concerning taking Men into Custody had not then nor to this Day has received an exact Adjustment and therefore wants not Precedents of the like Nature and if they were Arbitrary Orders they were such as had been executed by Parliaments many a fair Year before your Sires of the antient Kingdom of Scotland were born and since Orders of the same nature had been made by Parliaments in the times of our antient Kings these Orders might have been passed by and not branded with the reproachful Name of being Arbitrary 2. Tho we have supposed that the Commons might issue out those Orders yet they took none into Custody by such Orders but what might well be supposed guilty of Breaches of Privilege in the highest Degree the Truth is when Parliaments met annually or at least frequently we find few or no Complaints but when they were not frequent but there were long Intervals of Parliament the Consequence of which was long sitting which began within these two hundred Years there were some Complaints of the Breaches of Privilege as in the time of Hen. 8. the 4th of Edw. 6. and in the time of Q. Eliz. when the Justice of the Commons hath been applauded by our former Kings for asserting their Privileges and not stigmatized for exerting an Arbitrary Power 'T is true the most notorious thing that could be fixed upon that House was the Fees extorted by the Serjeant of the House who tho he attends the House of Commons yet he ought to have considered that he was the King's Officer and by Law no Officer of the King 's shall take any Fee or Reward for doing his Office but what he receives from the King upon Penalty of returning double to the Plaintiff and being further punished at the Will of the King but of this you and your Party took no notice because the then Serjeant was a Creature of your own tho I think he smarted for it and your Brother laughed at his Calamity in the Case of an Under-Sheriff of Norfolk Therefore I say that to assert that their Orders that were made for the taking Men into Custody were for Matters that had no relation to Privileges of Parliament was an impudent Lie for there were a Number of Men who to distinguish themselves from the rest of their Countrey had basely given their Hands for Abhorrences of Parliaments and of those who most humbly petitioned for their sitting in a time of such extream Necessity their Names I will give that you may put a Mark of Favour upon those of them that are alive whenever they shall have occasion to meet you at St. Germains You may remember that House did fall upon such as had countenanced the Popish Plot and were Abhorrers of petitioning for the sitting of Parliaments and voted that it was and ever had been the undoubted Right of the Subjects to petition the King for the Calling and Sitting of Parliaments and Redress of Grievances and that to traduce such Petitioning as a Violation of Duty and to represent it to his Majesty as tumultuous and seditious is to betray the Liberty of the Subject and contributes to the subverting the antient and legal Constitution of this Kingdom and introducing Arbitrary Power The first that fell under these Votes was Withens that was knighted for his Abhorring and after made a Judg he was expelled the House and voted a Betrayer of the undoubted Rights of the Subjects of England and received his Sentence at the Bar of the House he is yet alive I suppose he and his Brother Jenner may set up at St. Germains for Expounders of our Law in good time The next was Sir George Jefferies then Recorder of London against whom they voted an Address to the King to remove him out of all publick Offices and that the Members which served for the City should communicate the Vote to the Court of Aldermen There were several others that upon the same Account were taken into Custody as Sir Giles Phillips Mr. Coleman Capt. William Castle Mr. John Hutchinson Mr. Henry Walrond Mr. William Stawel Mr. Thomas Herbert Mr. Sheridon and Parson Thompson of Bristol And because Sir Francis North the Chief Justice of the Common-pleas advised and assisted in drawing up a Proclamation against petitioning for the sitting of the Parliament the Commons voted it a sufficient Ground to proceed against him for high Crimes and Misdemeanours the like Vote passed against Sir Thomas Jones one of the Judges of the King's Bench and upon Sir Richard Weston one of the Barons of the Exchequer but they went higher with Scroggs for they impeached him of High Treason for discharging the Grand Jury of Middlesex before they had finished their Presentments and for the Order made in the King's-Bench against Care 's Pacquet of Advice from Rome That it should be no more printed or published by any Person Well Sir what say you now to these Vermine Those now alive are still the same Rogues and your very humble Servants and Admirers and I could wish you had them with you at St. Germains being pretty Company and worthy of your Favour indeed to give them their Due they have been pretty false in their Oaths to King William whom some of your Party stile Prince of Orange These were the Men that House of Commons did censure I pray Sir on with your Spectacles and see whether the Crimes they were guilty of had no Relation to Privileges of Parliaments surely your Friends when they charged the House of Commons with this Crime were not in good earnest if they were they shall have a Rowland for their Oliver I 'll be in good earnest too and let them know that if the Privileges of Parliament be concerned when an Injury is done to a particular Member how much more when they strike at Parliaments themselves and endeavour to wound the very Constitution Nay in the Case of Sheridon who afterwards troubled the Nation with a Litter of scandalous Pamphlets upon that Account 't is plain that his Commitment was only in order to examine him about the Popish Plot and his Endeavours to stifle it Do not you know that Sheridon Say you never did yet let me tell you it was you instructed him how he should behave himself to the House whose Behaviour indeed was with as much Contempt and Insolency as if you or your Father had been demanding some of the Members and therefore they had reason surely to commit him Thompson you know him too very well he was zealous in divers Breaches of Privilege to serve you and the Popish Party witness his Usage of poor Bedlow and the rest of the Discoverers of the Popish Plot yet his Commitment was only in order to an Impeachment and as soon as they had gone through with his Examination he was set at Liberty giving Security to answer the Impeachment they had voted against him But 3. What if the Matters