and then dissolved and that several Acts passed this is the plain Judgment of another Parliament 1. Because it says they were continued which shews they had a real being capable of being continued for a Confirmation of a void Grant has no effect and Confirmation shews a Grant only voidable so the continuance there shewed it at most but voidable and when the King came and confirm'd it all was good 2. The dissolving it then shews they had a being for as ex nihilo nihil fit so super nihil nil operatur as out of nothing nothing can be made so upon nothing nothing can operate Again the King Lords and Commons make the great Corporation or Body of the Kingdom and the Commons are legally taken for the Free-holders Inst 4. p. 2. Now the Lords and Commons having Proclaimed the King the defect of this great Corporation is cured and all the Essential parts of this great Body Politique united and made compleat as plainly as when the Mayor of a Corporation dies and another is chosen the Corporation is again perfect and to say that which perfects the great Body Politique should in the same instant destroy it I mean the Parliament is to make contradictions true simul semel the perfection and destruction of this great Body at one instant and by the same Act. Then if necessity of Affairs was a forcible Argument in 1660 a time of great peace not only in England but throughout Europe and almost in all the World certainly 't is of a greater force now when England is scarce delivered from Popery and Slavery when Ireland has a mighty Army of Papists and that Kingdom in hazard of final destruction if not speedily prevented and when France has destroyed most of the Protestants there and threatens the ruine of the Low-Countries from whence God has sent the wonderful Assistance of our Gracious and therefore most Glorious King and England cannot promise safety from that Foreign Power when forty days delay which is the least can be for a new Parliament and considering we can never hope to have one more freely chosen because first it was so free from Court-influence or likelihood of all design that the Letters of Summons issued by him whom the great God in infinite Mercy raised to save us to the hazard of his Life and this done to protect the Protestant Religion and at a time when the people were all concerned for one Common interest of Religion and Liberty it would be vain when we have the best King and Queen the World affords a full house of Lords the most solemnly chosen Commons that ever were in the remembrance of any Man Living to spend Money and lose time I had almost said to despise Providence and take great pains to destroy our selves If any object Acts of Parliament mentioning Writs and Summons c. I answer the Prededent in 1660 is after all those Acts. In private cases as much as has been done in point of necessity a Bishop Provincial dies and sede vacant a Clerk is presented to a Benefice the Presentation to the Dean and Chapter is good in this case of Necessity and if in a Vacancy by the Death of a Bishop a Presentation shall be good to the Dean and Chapter rather than a prejudice should happen by the Church lying void Surely a fortiori Vacancy of the Throne may be supplied without the formality of a Writ and the great Convention turn'd to a Real Parliament A Summons in all points is of the same real force as a Writ for a Summons and a Writ differ no more than in name the thing is the same in all Substantial parts the Writ is Recorded in Chancery so are His Highnesses Letters the proper Officer Endorses the Return so he does here for the Coroner in defect of the Sheriff is the proper Officer the People Choose by Virtue of the Letters c. quae re concordant parum differunt they agree in Reality and then what difference is there between the one and the other Object A Writ must be in Actions at Common Law else all Pleading after will not make it good but Judgment given may be Reversed by a Writ of Error Answ The case differs first because Actions between party and party are Adversary Actions but Summons to Parliament are not so but are Mediums only to have â—n Election 2. In Actions at Law the Defendant may plead to the Writ but there is no plea to a Writ for electing Members to serve in Parliament and for this I have Littleton's Argument there never was such a Plea therefore none lies Object That they have not taken the Test Answ They may take the Test yet and then all which they do will be good for the Test being the distinguishing Mark of a Protestant from a Papist when that is taken the end of the Law is performed Object That the Oaths of Allegiance and Supremacy ought to be taken and that the new ones are not legal Answ The Convention being the Supream Power have abolish'd the old Oaths and have made new ones and as to the making new Oaths the like was done in Alfreds time when they chose him King vide Mirror of Justice Chap. 1. for the Heptarchy being turn'd to a Monarchy the precedent Oaths of the seven Kings could not be the same King Alfred swore Many Precedents may be cited where Laws have been made in Parliament without the King 's Writ to summon them which for brevity's sake I forbear to mention For a farewel the Objections quarrel at our Happiness fight against our Safety and aim at that which may indanger Destruction The Present Convention a Parliament I. THat the formality of the Kings Writ of Summons is not so essential to an English Parliament but that the Peers of the Realm and the Commons by their Representatives duly Elected may legally act as the great Council and representative Body of the Nation though not summoned by the King especially when the circumstances of the time are such that such Summons cannot be had will I hope appear by these following Observations First The Saxon Government was transplanted hither out of Germany where the meeting of the Saxons in such Assemblies was at certain fixed times viz. at the New and Full Moon But after their Transmigration hither Religion changing other things changed with it and the times for their publick Assemblies in conformity to the great Solemnities celebrated by Christians came to be changed to the Feasts of Easter Pentecost and the Nativity The lower we come down in Story the seldomer we find these General Assemblies to have been held and sometimes even very anciently when upon extraordinary occasions they met out of course a Precept an Edict or Sanction is mentioned to have Issued from the King But the Times and the very place of their ordinary Meeting having been certain and determined in the very first and eldest times that we meet with any mention of
Confessor was in private with him and said this Harvy used frequently to come to the Prison after Condemnation and that where one Prisoner died a Protestant many died Papists Mr. Wootten said that after some stay he saw Mr. Harvy come out from Mr. Hubert and then he was admitted to have Speech with him Mr. Cawdry Keeper of Newgate did Inform That Mr. Harvy the Jesuit did frequent the Prison at Newgate about the times of the Execution upon the pretence of the Queens Charity and did spend much time with the Prisoners in private and particularly did so before the last Execution night after night Mr. Cawdry said likewise of the nine that suffered eight died Papists whereof some he knew were Protestants when they came into the Prison It appeared upon several Informations that Mr. Harvy and other Priests did not only resort to Newgate at times of Execution but likewise to the White-Lion in Southwark and other places in the Country and used their endeavours to pervert dying Prisoners Thomas Barnet late a Papist Informed That when he was a Papist and resorted to Gentlemens Houses in Barkshire that were Papists there was almost in every Gentlemans House a Priest and instanced in divers private Gentlemen in that County Others inform the like in Sarrey Mr. Cottman did inform That one Mr. Carpenter late a Preacher at Colledge-hill did in Discourse tell Cottman That the Judgments of God upon this Kingdom by the Plague last year and lately by the Fire in London were come upon this Land and People for their forsaking the true Roman Catholick Religion and shaking off Obedience to the Pope and that if they would return to the Church of Rome the Pope would rebuild the City at his own Charge Carpenter said likewise to Cottman That if he would come and hear him Preach the next Sunday at his House in Queen-street he would give twenty Reasons to prove that the Roman Catholick was the true Religion and his the false and that our Bible had a thousand falsities in it and that there was no true Scripture but at Rome and their Church Carpenter at the Committee confessed that he had formerly taken Orders from the Church of Rome to be a Priest but said he had renounced that Church and taken Orders in England The next thing is the Information of their Insolency and I shall begin with their Scorning and Despising the Bible One Thomas Williams an Officer in Sir William Bowyer 's Regiment Informed That one Ashley a Papist seeing a Woman read in a Bible asked her why she read in that Damnable Presbiterian Bible and said A Play-book was as good Thomas Barnet of Bingfield in Barkshire Informed That being at one Mr. Young's House in Bingfield at Bartholomew-tide last Mr. Young said to the Brother of this Thomas in his hearing That within two Years there should not be a Protestant in England Thomas Barnet Informed further That being at Mr. Doncaster's House in Bingfield one Mr. Thural Son-in-Law to Mr. Doncaster and both Papists said to this Informer who was then likewise a Papist The People take me for a poor fellow but I shall find a thousand or two thousand pounds to raise a party of Horse to make Mr. Hathorns and Mr. Bullocks fat guts lie on the ground for it is no more to kill an Heretick than to kill a Grashopper and that it was happy for him that he was a Catholick for by that means he shall be one that shall be mounted Mr. Linwood Scrivenner in White-Chappel Informed That about the Twentieth of October last meeting with one Mr. Binks a Papist and discoursing with him Binks told him That there was amongst the Papists as a great Design aâ— ever was in England and he thought it would be executed suddenly Being asked how many Papists there were about London He answered About seven thousand and in England an hundred thousand were Armed Mr. Oaks a Physician dwelling in Shadwel Informed That a little after the burning of London one Mr. Carpenter a Minister came to his House in Tower-wharf and spake to him to this purpose I will not say that I am a Papist but this I will say that I had rather die the death of the Papists and that my Soul should be raised with their Resurrection than either to be Presbiterian Independant or Anabaptist and I tell you the Papists have hitherto been his Majesty's best Fortification for when Presbiterians Independants and Anabaptists forsook and opposed him then they stood by him and helped him and he is now resolved to commit himself into their hands And take it upon my word in a short time the Papists will lay you as low as that house pointing to an house that was demolished for they are able to raise Forty thousand men and I believe the next work will be cutting of Throats This was Sworn by Mr. Oaks before Sir John Frederick a Member of the House Mirian Pilkington being present when the Words were spoken doth affirm them all save only those That the King is resolved to commit himself into the Papists hands Those she doth not remember Henry Young a Distiller of Hot-waters informed That about April 1661. being in the Jesuites Colledge in Antwerp one Powel an English Jesuite perswaded him to turn a Roman Catholick and said That if he intended to save his Life and Estate he had best turn so for within seven Years he should see all England of that Religion Young replied That the City of London would never endure it Powel answered That within five or six Years they would break the Power and Strength of London in pieces and that they had been contriving it these twenty Years and that if Young did live he should see it done The said Young did likewise Inform That shortly after his coming into England one Thomson and Copervel both Papists did several times say to him That within five or six Years at the farthest the Roman Catholick Religion should be all over in this Kingdom Jasper Goodwin of Darking in the County of Surrey Informed That about a Month since one Edward Complin a Papist said to him You must all be Papists shortly and that now he was not ashamed to own himself a Roman Catholick and to own his Priest naming two that were in Darkin in the houses of two Papists and likewise said That in twenty four hours warning the Roman Catholicks could raise thirty thousand Men as well armed as any Men in Christendom William Warner of Darking Informed That the said Edward Complin did tell him That the Roman Catholicks in England could in twenty four hours raise thirty thousand Horse and Arms And upon saying so pulled out his Crucifix and Beads and said He was not ashamed of his Religion John Grawnger of Darking Informed that about a Year since being in his House reading the Bible one Thomas Collins a Papist said to him Are you still a Church-goer Had you not better turn Roman Catholick If you stay till you
King make unto him certain propositions for taking away some heavy Taxes that had been imposed on them by his Father Solomon which he refusing to gratifie them in and following the Advice of Young Men Ten of the twelve Tribes immediately chose Jeroboam a Servant of Rehoboham's a meer Stanger and of mean Parentage and made him their King and God approved thereof as the Scriptures in express Words do testifie For when Rehoboam had raised an Army of One hundred and fourscore thousand Men intending by force of Arms to have justified his Claim God appeared unto Semaiah and commanded him to go to Rehoboam and to the House of Jadah and Benjamin saying Return every man to his house for this thing is of me saith the Lord. So that since God did permit and allow this in his own Commonwealth which was to be the Pattern for all others no doubt he will approve the same in other Kingdoms whenever his Service and Glory or the Happiness of the Weal-publick shall require it The next instance I shall give you shall be in Spain where Don Alonso de la Cerda having been admitted Prince of Spain in his Father's Life-time according to the Custom of that Realm married Blanoha Daughter of Lewis the First King of France and had by her two Sons Named Alonso and Hernando de la Cerda but their Father who was only Prince dying before Alonso the Ninth then King he recommended them to the Realm as lawful Heirs apparent to the Crown But Don Sancho their Fathers Younger Brother who was a great Warrier and Sirnamed El Bravo was admitted Prince and they put by in their Grandfathers Life-time by his and the States Consent and this was done at a Parliament held at Sagovia in the Year 1276. And in the Year 1284 Alonso the Ninth being dead Don Sancho was aknowledg'd King and the Two Princes Imprisoned but at the Mediation of Philip the Third King of France their Unkle they were set free and Endowed with considerable Revenues in Land and from them do descend the Dukes De Medina Celi at this Day and the present King of Spain that is in Possession descendeth from Don Sancho In France Lewis the Fourth had Two Sons Lothairin who succeeded him and Charles whom he made Duke of Lorrain Lothairin dying left an only Son named Lewis who dying without Issue after he had reigned Two Years the Crown was to have descended on his Unkle Charles Duke of Lorrain But the States of France did exclude him and chose Hugo Capetus Earl of Paris for their King and in an Oration made by their Embassadour to Charles of Lorrain did give an Account of their Reasons for so doing as it is related by Belforest a French Historian in these very words Every Man knoweth Lord Charles that the Sucession of the Crown and Kingdom of France according to the ordinary Rights and Laws of the same belongeth unto you and not unto Hugh Capet now our King But yet the same Laws which do give unto you such Right of Succession do judge you also unworthy of the same for that you have not endeavoured hitherto to frame your Life according to the Prescript of those Laws nor according to the Use and Custom of the Kingdom of France but rather have allied your self with the Germans our old Enemies and have accustomed your self to their vile and base Manners Wherefore since you have abandoned and forsaken the ancient Virtue Amity and Sweetness of your Countrey your Countrey has also abandoned and forsaken you for we have chosen Hugh Capet for our King and have put you by and this without any Scruple in our Consciences at all esteeming it for better and more just to live under Hugh Capet the possessor of the Crown with enjoying the ancient use of our Laws Customs Privileges and Liberties than under you the next Heir by Blood in Oppressions strange Customs and Cruelty For as they who are to make a Voyage in a Ship on a dangerous Sea do not so much respect whether the Pilot claims Title to the Ship or no but rather whether he be skilful valiant and like to bring them in safety to their ways end even so our principal care is to have a good Prince to lead and guide us happily in this way of Civil and Politick Life which is the end for which Princes are appointed And with this Message ended his Succession and Life he dying not long after in Prison And now I shall come home and give you an Instance or two in England since the Conquest and so conclude William Rufus second Son of William the Conqueror by the assistance of Lanfrank Archbishop of Canterbury who had a great opinion of his Virtue and Probity was admitted King by the consent of the Realm his elder Brother Robert Duke of Normandy being then in the War at Jerusalem William dying his younger Brother Henry by his ingenuity and fair carriage and by the assistance of Henry Earl of Warwick who had greatest interest in the Nobility and Maurice Bishop of London a leading-man amongst the Clergy obtained also the Crown And Robert Duke of Normandy was a second time excluded And though this King Henry could pretend no other Title to the Crown than the Election and Admission of the Realm yet he defended it so well and God prosper'd him with success that when his elder Brother Robert came to claim the Kingdom by force of Arms he beat him in a pitch'd-Battel took him Prisoner and so he died miserable in Bonds King Henry had one only Daughter named Maud or Matilda who was married to the Emperor and he dying without Issue she was afterwards married to Geofry Plantagenet Earl of Anjou in France by whom she had a Son named Henry whom his Grandfather declared Heir-apparent to the Crown in his Life-time yet after his Death Henry was excluded and Stephen Earl of Bulloine Son of Adela Daughter of William the Conqueror was by the States thought more fit to Govern than Prince Henry who was then but a Child And this was done by the perswasion of Henry Bishop of Winchester and at the solicitation of the Abbot of Glastenbury and others who thought they might do the same lawfully and with a good Conscience for the publick Good of the Realm But the Event did not prove so well as they intended for this occasioned great Factions and Divisions in the Kingdom for the quieting of which there was a Parliament held at Wallingford which passed a Law That Stephen should be King only during his Life and that Prince Henry and his Off-spring should succeed him and by the same Law debarred William Son of King Stephen from inheriting the Crown and only made him Earl of Norfolk Thus did the Parliament dispose of the Crown in those days which was in the year 1153 which sufficiently proves what I have asserted The sum of all I have said amounts to this That Government in general is by the Law of
of that Town 2. Your Subjects are sometimes upon slight and sometimes upon no grounds imprisoned and often kept Prisoners many Months and years nothing being objected to them and are required to enter themselves Prisoners which is contrary to Law It was in the former Article expressed that many of these Persons declared incapable of publick Trust did also suffer Imprisonment and besides these instances Lieutenant General Drummond whose eminent Loyalty and great Services are well known to your Majesty was required to enter himself Prisoner in the Castle of Dunbarton where he was kept one year and a half and was made a close Prisoner for nine months of that time and yet nothing was ever objected to him to this day to justifie that Usage The Lord Cardross was for his Ladies keeping two Conventicles in her own House at which he was not present fined 110 l. and hath now been kept prisoner four years in the Castle of Edenburg where he still remains although he hath often petitioned for his Liberty and Sir Patrick Holme hath been now a second time almost one year and nothing is yet laid to his charge Besides these illegal Imprisonments the Officers of your Majesties Forces frequently carry Warrants with them for apprehending persons that are under no legal Censure nor have been so much as cited to appear which hath put many of your Subjects under great fears especially upon what was done in Council three years ago Captain Carstairs a man now well enough known to your Majesty did intrap one Kirkton an outed Minister into his Chamber at Edenburgh and did violently abuse him and designed to have extorted some money from him The noise of this coming to the Ears of one Baily Brother-in-law to the said Kirkton he came to the house and hearing him cry Murder Murder forced open the Chamber door where he found his Brother-in-law and the Captain grapling the Captain pretended to have a Warrant against Kirkton and Baily desired him to shew it and promised that all obedience should be given to it But the Captain refusing to do it Kirkton was rescued This was only delivering a man from the hands of a Robber which Nature obligeth all men to do especially when joyned with so near a Relation The Captain complained of this to the Council and the Lord Hatton with others were appointed to examine the Witnesses And when it was brought before the Council the Duke of Hamilton Earls of Mereton Dumfrize and Kinkarden the Lord Cocheren and Sir Archibald Primrose then Lord Register desired that the Report of the Examination might be read but that not serving their ends was denyed And thereupon those Lords delivered their Opinion that fithence Carstares did not shew any Warrant nor was cloathed with any publick Character it was no opposing of your Majesties Authority in Baily so to rescue the said Kirkton yet Baily was for this fined in 6000. Marks and kept long a Prisoner Those Lords were upon that so represented to your Majesty that by the Duke of Lauderdale's procurement they were turned out of the Council and all command of the Militia And it can be made appear that the Captain had at that time no Warrant at all against Kirkton but procured it after the Violence committed And it was ante-dated on design to serve a turn at that time This manner of Proceedings hath ever since put your subjects under sad apprehensions There is one particular further offered to your Majesties consideration concerning their way of using Prisoners There were 14 men taken at a Field Conventicle who without being legally Convict of that or any other crimes were secretly and in the night taken out of Prison upon a Warrant signed by the Earl of Lynlythgo and the Lord Hatton and Collington and were delivered to Captain Maytland who had been Page to the Duke of Lauderdale but was then a French Officer and was making his Levies in Scotland and were carryed over to the service of the French King in the year 1676. 3. The Council hath upon many occasions proceeded to most unreasonable and Arbitrary Fines either for slight offences or for offences where the Fine is regulated by Law which they have never considered when the persons were not acceptable to them So the Lord Cardross was Fined in 1111 l. for his Ladies keeping two Conventicles in his house and Christning a Child by an outed Minister without his knowledge The Provost formerly mentioned and Baily with many more were also fined without any regard to Law The Council hath at several times proceeded to the taking of Gentlemens Dwelling-houses from them and putting Garrisons in them which in time of peace is contrary to Law In the year 75. It was designed against twelve of your Majesties Subjects and was put in Execution in the houses of the Earl of Calender the Lord Cardrosse the Lady Lumsden c. and was again attempted in the year 78. the Houses belonging to the Leirds of Cosnock Blagan and Rowal and were possessed by Souldiers and declared Garrisons Nor did it rest there but Orders were sent from the Council requiring the Countries about those Houses to furnish them for the Souldiers use and to supply them with necessaries much contrary to Law It was against this that Sir Patrick Holme came to desire a remedy and common Justice being denied him he used a legal Protestation in the ordinary Form of Law and was thereupon kept for many Months a Prisoner and declared incapable of all publick trust c. There is another particular which because it is so odious is unwillingly touched yet it is necessary to inform your Majesty about it for thereby it will appear that the Duke of Lauderdale and his Brother have in a most solemn manner broken the publick faith that was given in your Majesties name One Mitchel being put in Prison upon great suspicion of his having attempted to murder the late Arch Bishop of St. Andrews and there being no Evidence against him Warrant was given by the Duke of Lauderdale then your Majesties Commissioner and your Council to promise him his life if he would confess Whereupon he did confess and yet some years after that person who indeed deserved many deaths if there had been any other Evidence against him was upon that confession convicted of the Crime and the Duke of Lauderdale and his Brother being put to it by him did swear that they never gave or knew of any assurance of life given him And when it was objected that the promise was upon Record in the Council books the Duke of Lauderdale did in open Court where he was present only as a Witness and so ought to have been silent threaten them if they should proceed to the Examination of that Act of Council which as he then said might infer perjury on them that swore and so did cut off the proof of that defence which had been admitted by the Court as good in Law and sufficient to save the Prisoner if
the Earl's Restitution was no less than He and his Family might well expect of His Majesty's Goodness and Justice It is true The Earl was again accused and condemned which may appear indeed strange to such as know not all particulars upon the same old Acts of Leasing-making and with as little ground if possible as now and was Pardoned by His Majesty for which he hath often and doth always acknowledg that he owes to His Majesty both his Life and Fortune But upon this occasion and being baited as he is he hopes His Majesty will not take it ill that he say That His Majesty's Mercy was in this case determined by Justice And for proof that His Majesty did then know him to be innocent Did not His Majesty then say It was impossible to take a Man's Life upon so small an account Though nevertheless it had been done if His Majesty had not interposed and pardoned him Did not the Chancellor Clarendon who was Patron to the most considerable of the Earl's pursuers hearing of his Condemnation Bless God he lived not in a Countrey where there were such Laws He should have said such Judges And I believe many more will say the same now Did it not plainly appear at that time that his principal pursuers were very bitter malicious and unjust to him For the Earl had not only served His Majesty in that troublesome and hazardous appearance in the Hills but he had been particularly useful to Earl Middletoun then His Majesty's Lieutenant General and had stood by him when these deserted him whom notwithstanding he took afterwards by the hand when he was His Majesty's Commissioner in the year 1661. and then designed new Interests and new Alliances whereof some did hold and some never held And then indeed it was that he and others thought it proper for them to destroy the Family of Argyle to make their own Fortunes But it pleased God and His Majesty to dispose otherwise Then it was that the Earl was so hotly pursued for his Life having at that time no Fortune all being in His Majesty's hands Then was the accusation of Treason likewise urged by the same persons and must have carried but it was not found necessary Leasing-making being sufficient to take his Life and as it falls out when any Game is started and the Hounds in chase all the little Curs run alongs So the Earl wanted not then many pursuers that are now scarce to be heard of And further some of the parties themselves confessed the particulars to the Earl afterwards who yet now return to act their former parts and that they had then laid down a resolution to intrap him per fas aut nefas but notwithstanding all this ill humour and violence all the ground they could get for a quarrel in two years time was one single Letter among many they intercepted the occasion and import whereof was as follows About a Twelvemonth after the death of the late Marquess of Argyle The Earl his Son being by the loss of his Estate and burden of his Debts brought into straits a Friend from Edenburgh wrote to him then at London to do what he could for himself at Court and the sooner the better for he needed neither expect Favour nor Justice from some in Scotland and if matters were delayed his Father 's whole Estate would be begg'd away in parcels His Friend likewise complained that the Earl did not write to inform his Friends in Scotland and on this he insisted several post-days which at last drew an answer from the Earl that he had been to wait upon His Majesty and had found him both just and kind to him and doubted not the effects of his Royal favour that he was sensible of his loss by delay yet must proceed discreetly and not press to give His Majesty trouble but must take His Majesty's method and wait his time That he judged much of what his Friend told him was true but he must have patience It was his misfortune that some took pains to make His Majesty believe that the Parliament was his Enemy and the Parliament to believe the King was his Enemy and by such informations he was like to be a sufferer but he hoped in God all should be well This blast must blow out and will blow over The King will see their tricks And upon this Letter specially those last words the Earl was accused of Leasing-making betwixt King and Parliament and that he expected changes and so had a great deal of the same stuff laid to his charge as now you have heard And if the now Register will produce the Eal's principal Letter and the Paper the Earl gave in to the Parliament these two would clear all the Case then and now as you may see Mutatis Mutandis being much the same and some of the same Tools used But to go on The Earl's words in that Letter being clear and plain viz. That he complained of others that reported Lies to the King and Parliament but did himself report none to either He acknowledged the Letter which could never have been proven to be his and as soon as he heard that it was intercepted did render himself to His Majesty before he was called for But which very much troubled him had not access Yet His Majesty was so gracious that instead of sending him Prisoner to Scotland with a Guard as was much pressed he allowed him to go down on a Verbal Bail And His Majesty was pleased to say That he saw nothing in the Earl's Letter against His Majesty or the Parliament but believed the Earl did design to reflect on the Earl of Middleton The Earl came to Edinburgh a fourthnight before the day appointed by His Majesty and thought to have had the liberty of the City till that day should come but was sent to the Castle the next day after his arrival Upon which he advertised His Majesty of his condition who would hardly believe they would take his Life till it was told plainly it was designed and if he died it lay at His Majesty's door upon which His Majesty was graciously pleased to send immediately an Order to the Earl of Middleton not to proceed to Execution against him Yet the Sentence of Death was pronounced and the Day of Execution remitted by the Parliament to the Earl of Middleton Which he accepted of albeit he had no particular instruction for it from His Majesty which before a year went about Earl Middleton found could not be justified by him and some of the Earl's chief accusers were declared by His Majesty to be themselves Leasing-makers And then the Earl by His Majesty's favour and goodness was restored to a part of his Predecessors Estate and Titles which he took as thankfully as if a new Estate and new and greater Honours had been conferred upon him And though His Majesty was pleased at the granting of these Titles to say He could help them when he pleased yet His Majesty knows
between them for my part I never did I came to Oxford with my Lord Howard whom I look upon to be a very honest worthy Gentleman my Lord Clare my Lord Paget and my Lord Huntingdon and this Capt. Brown and Don Lewis were in my company and came along with us as they were my Lord Howard's Friends Brown I have known I believe two or three months but Lewis I never saw before that day they said they came with my Lord Howard I take God to witness I never had but one sixpence or any thing else to carry on any design and if it were to save my life now I can't charge any man in the world with any design against the Government as God is my witness or against his Majesty or any other person As for what Arms I had and what Arms others had they were for our own defence in case the Papists should make any attempt upon us by way of Massacre or any Invasion or Rebellion that we should be ready to defend our selves God is my witness this is all I know If this be a Plot this I was in but in no other But never knew of any numbers or times appointed for meeting but we said one to another that the Papists had a Design against the Protestants when we did meet as I was a man of general Conversation and in case they should rise we were ready but then they should begin the Attempt upon us This was my business and is the business of every good Subject that loves the Laws of his Country and his King For England can never hope to be happy under those Blood-thirsty men whose Religion is Blood and Murther which I do with all my Soul and did ever since I knew what Religion was abhor and detest viz. the Church of Rome as pernicious and destructive to humane Societies and all Government I beseech God that every Man of you may unite together as Protestants against this common Foe Gentlemen it is my sence and I do in that believe I am as certainly murthered by the hands of the Papists as Sir Edmundbury Godfrey himself was though the thing is not seen These Witnesses certainly are mercenary men and I beseech God Almighty to have mercy upon their Souls and forgive them and either by his Judgments or mercies reclaim them that they shed no more innocent blood There is not a man of them that I know of that ever heard me say or do any bit of Treason in my life This is the first I mayn't say it is but almost the twentieth Sham-Plot that they have endeavoured to put upon the Nation to delude the People and put off their own damnable Plot. This is not the first but I think the sixteenth or seventeenth I pray God that my blood may be the last I pray God defend every man's blood and all Protestants in England from the hand of these bloody Papists by whose means I die this Death and if they shall go on in this nature I hope the good God will open every mans eyes to see it before he feels it And I beseech you if you have any love for your King your Country and the Protestants unite together if you are Protestants I pray God those that deserve the name let them be called how they will either Dissenters or Church of England men that they may unite together like men like Christians against the common Foe who will spare neither the one side nor the other but beat you one against another like two Pitchers the last that stands they will certainly destroy if they can This is my sence and God is my witness I speak my Conscience I do not know Mr. Sheriff whether there be any thing else I have to say or no. We have a good God and I beseech every man that hears me this day for we live in a sinful Age good People and it behoveth every one of you it cannot be long before all that look upon me in this condition must lie down in the Dust and God knows must come into an eternal estate either for Mercy or Judgment I beseech you in the name of God he is a God of Mercy and a God of Patience and long suffering that you would break off your Sins by Repentance and serve a good God who must be your Friend at last or else you are lost to Eternity O Lord how ungrateful wretches are we that have a God of such infinite Mercy and goodness that affords us our Life our Health and a thousand Mercies every day and we like ungrateful People not deserving the name of Men or Christians live riotous lives in Debauchery and Swearing in Malice and the Lord knows how many Evils I beseech God that I may be this day a means in the hand of God to bring some of their Souls over to him I beseech you remember what I say Indeed I do not know I have been so strangely used since I have been a Prisoner what to say being brought from one Affliction to another that my Body is worn out and my Memory and Intellects have failed me much to what they were I can't remember what I have to say more but that the Lord Jesus Christ would bless my Country and preserve it from Popery and in mercy bless his Majesty good God be merciful to him make him an instrument in thy hands to defend his Protestant Subjects Lord in mercy defend him from his Enemies good God bless this People good Lord continue the Gospel of Jesus Christ thy Gospel in its purity to us and our Posterity as long as the Sun and Moon endureth O Lord save all that call upon thee be merciful to all thy Servants all thy People that put their trust in thee good Lord deliver them from the hands of their Enemies good Lord let their Lives and Bodies and Souls be all precious in thy sight O merciful God put a stop to these most wicked Conspiracies of thy Enemies and the Nations Enemies the Papists let no more Protestant blood be shed but this of mine I beseech thee O my God O Lord look upon me O Lord bless me O good God receive me into thy blessed presence by Jesus Christ my alone Saviour and Redeemer in whom alone I put my trust for Salvation It is thee O God that I trust in thou righteous Judge of Heaven and Earth All Popery all Pardons all Popes and Priests all Dispensations I disown and will not go out of the World with a lye in my mouth From the sincerity of my heart I declare again that what I 've said to you is the very Sentiments of my Soul as God shall have mercy upon me and to the best of my knowledge I desire the Prayers of you good People while I am here and once more I beseech you to think upon Eternity every one of you that hear me this day the Lord turn your Hearts and Souls if you have been wicked livers if you
do live wicked lives the Lord in mercy convert you and shew you your danger for I as little thought to come to this as any man that hears me this day and I bless God I have no more deserved it from the hands of men than the Child that sucks at his Mothers breast I bless my God for it I do say I have been a sinner against my God and he hath learned me Grace ever since I have been a Prisoner I bless my God for a Prison I bless my God for Afflictions I bless my God that ever I was restrain'd for I never knew my self till he had taken me out of the World Therefore you that have your liberties time and precious opportunities be up and be doing for God and for your Souls every one of you To his Son Where is my dear Child Mr. Sheriff I made one request to you you gave me an imperfect Answer you said you were of the best Reformed Church in the world the Church of England according to the best Reformation in the world I desire you for the satisfaction of the world to declare what Church that is whether Presbyterian or Independant or the Church of England or what Colledge Good Mr. Sheriff for your satisfaction for 20 years and above I was under the Presbyterian Ministry till his Majesties Restauration then I was conformable to the Church of England when that was restored and so continued till such time as I saw Persecution upon the Dissenting People and undue things done in their Meeting-places then I went among them to know what kind of people those were and I take God to witness since that time I have used their Meetings viz. the presbyterians others very seldom and the Church of England I did hear Dr. Tillotson not above three weeks before I was taken I heard the Church of England as frequently as I heard the Dissenters and never had any prejudice God is my witness against either but always heartily desired that they might unite and be Lovers and Friends and I had no prejudice against any man and truly I am afraid that it is not for the Nations good that there should be such Heart-burnings between them That some of the Church of England will preach that the Presbyterians are worse than the Papists God doth know that what I say I speak freely from my heart I have found many among them truly serving God and so I have of all the rest that have come into my company Men without any manner of Design but to serve God serve his Majesty and keep their Liberties and Properties men that I am certain are not of vicious lives I found no Dammers or those kind of People amongst them or at least few of them To his Son Kissing him several times with great passion Dear Child Farewell the Lord have mercy upon thee Good people let me have your Prayers to God Almighty to receive my Soul And then he Prayed and as soon as he had done spake as followeth The Lord have mercy upon my Enemies and I beseech you good People whoever you are and the whole World that I have offended to forgive me whomever I have offended in word or deed I ask every man's pardon and I forgive the World with all my soul all the Injuries I have received and I beseech God Almighty forgive those poor Wretches who have cast away their souls or at least endangered them to ruine this body of mine I beseech God that they may have a sight of their Sins and that they may find mercy at his hands Let my blood speak the justice of my Cause I have done And God have mercy upon you all To Mr. Crosthwait Pray Sir my Service to Dr. Hall and Dr. Reynall and thank them for all their kindnesses to me I thank you Sir for your kindness The Lord bless you all Mr. Sheriff God be with you God be with you all good People The Executioner Ketch desired his pardon and he said I do forgive you The Lord have mercy on my Soul The SPEECH of the Late Lord RUSSEL to the SHERIFFS Together with the PAPER deliver'd by him to them at the place of Execution on July 21. 1683. Mr. SHERIFF I Expected the Noise would be such that I could not be very well heard I was never fond of much speaking much less now Therefore I have set down in this Paper all that I think fit to leave behind me God knows how far I was always from Designs against the King's Person or of altering the Government and I still pray for the Preservation of both and of the Protestant Religion I am told that Captain Walcot has said some things concerning my knowledge of the Plot I know not whether the Report is true or not I hope it is not For to my knowledg I never saw him or spake with him in my whole Life and in the Words of a dying Man I profess I know of no Plot either against the King's Life or the Government But I have now done with this World and am going to a better I forgive all the World and I thank God I die in Charity with all Men and I wish all sincere Protestants may love one another and not make way for Popery by their Animosities The PAPER deliver'd to the SHERIFFS I Thank God I find my self so composed and prepared for death and my Thoughts so fixed on another World that I hope in God I am now quite weaned from setting my heart on this Yet I cannot forbear now in setting down in Writing a fuller Account of my Condition to be left behind me than I 'll venture to say at the place of Execution in the noise and clutter that is like to be there I bless God heartily for those many Blessings which he in his infinite Mercy has bestowed upon me through the whole course of my Life That I was born of worthy good Parents and had the Advantages of a Religious Education which I have often thank'd God very heartily for and look'd upon as an invaluable Blessing For even when I minded it least it still hung about me and gave me checks and has now for many years so influenced and possessed me that I feel the happy Effects of it in this my extremity in which I have been so wonderfully I thank God supported that neither my imprisonment nor the fear of Death have been able to discompose me to any degree but on the contrary I have found the Assurances of the Love and Mercy of God in and through my blessed Redeemer in whom only I trust and I do not question but that I am going to partake of that fulness of Joy which is in his presence the hopes thereof does so wonderfully delight me that I reckon this as the happiest time of my Life tho' others may look upon it as the saddest I have lived and now die of the Reformed Religion a true and sincere Protestant and in the Communion of the Church
easily be done but never consented to as fit to be done And I remember particularly at my Lord Shaftsbury's there being some general Discourse of this kind I immediately flew out and exclaim'd against it and ask'd if the thing succeeded what must be done next but massacring the Guards and killing them in cold blood Which I look't upon as so detestable a thing and so like a Popish Practice that I could not but abhor it And at the same time the Duke of Monmouth took me by the hand and told me very kindly My Lord I see you and I are of a Temper did you ever hear so horrid a thing And I must needs do him that Justice to declare that I never observed in him but an Abhorrence to all base things As to my going to Mr. Shepheard's I went with an intention to taste Sherry for he had promised me to reserve for me the next very good piece he met with when I went out of Town and if he recollects he may remember I ask'd him about it and he went and fetch'd a Bottle but when I tasted it I said 't was hot in the mouth and desired that whenever he met with a choice Piece he would keep it for me which he promised I enlarge the more upon this because Sir George Jefferies insinuated to the Jury as if I had made a story about going thither but I never said that was the only Reason And I will now truly and plainly add the rest I was the day before this Meeting come to Town for two or three days as I had done once or twice before having a very near and dear Relation lying in a very languishing and desperate Condition And the Duke of Monmouth came to me and told me he was extreamly glad I was come to Town for my Lord Shaftsbury and some hot Men would undo us all How so my Lord I said Why answered he they 'll certainly do some disorderly thing or other if great Care be not taken and therefore for God's sake use your Endeavours with your Friends to prevent any thing of this kind He told me there would be Company at Mr. Shepheard's that Night and desired me to be at home in the Evening and he would call me which he did And when I came into the Room I saw Mr. Rumsey by the Chimney though he swears he came in after and there were things said by some with much more Heat than Judgment which I did sufficiently disapprove and yet for these things I stand condemned But I thank God my part was sincere and well meant It is I know inferr'd from hence and was pressed to me that I was acquainted with these Heats and ill Designs and did not discover them But this is but Misprision of Treason at most So I dye innocent of the Crime I stand condemn'd for and I hope no body will imagaine that so mean a Thought could enter into me as to go about to save my self by accusing others The part that some have acted lately of that kind has not been such as to invite me to love Life at such a rate As for the Sentence of Death passed upon me I cannot but think it a very hard one For nothing was sworn against me whether true or false I will not now examine but some Discourses about making some Stirs And this is not levying War against the King which is Treason by the Statute of Edward the Third and not the consulting and discoursing about it which was all that was witnessed against me But by a strange Fetch the Design of seizing the Guards was construed a Design of killing the King and so I was in that cast And now I have truly and sincerely told what my part was in that which cannot be more than a bare Misprision and yet I am condemned as guilty of a Design of killing the King I pray God lay not this to the charge neither of the King's Council nor Judges nor Sheriffs nor Jury And for the Witnesses I pity them and wish them well I shall not reckon up the particulars wherein they did me wrong I had rather their own Consciences should do that to which and the Mercies of God I leave them Only I still aver that what I said of my not hearing Col. Rumsey deliver any Message from my Lord Shaftsbury was true for I always detested Lying tho' never so much to my advantage And I hope none will be so unjust and uncharitable as to think I would venture on it in these my last Words for which I am so soon to give an account to the Great God the Searcher of Hearts and Judge of all Things From the time of chusing Sheriffs I concluded the Heat in that Matter would produce something of this kind and I am not much surprized to find it fall upon me And I wish what is done to me may put a stop and satiate some Peoples Revenge and that no more innocent Blood be shed for I must and do still look upon mine as such since I know I was guilty of no Treason and therefore I would not betray my Innocence by Flight of which I do not I thank God yet repent tho' much pressed to it how fatal soever it may have seem'd to have proved to me for I look upon my Death in this manner I thank God with other eyes than the World does I know I said but little at the Trial and I suppose it looks more like Innocence than Guilt I was also advis'd not to confess Matter of Fact plainly since that must certainly have brought me within the Guilt of Misprision And being thus restrained from dealing frankly and openly I chose rather to say little than to depart from that Ingenuity that by the Grace of God I had carried along with me in the former parts of my Life and so could easier be silent and leave the whole Matter to the Conscience of the Jury than to make the last and solemnest part of my Life so different from the Course of it as the using little Tricks and Evasions must have been Nor did I ever pretend to a great readiness in speaking I wish those Gentlemen of the Law who have it would make more Conscience in the use of it and not run Men down and by Strains and Fetches impose on easie and willing Juries to the Ruine of innocent Men For to kill by Forms and Subtilties of Law is the worst sort of Murther But I wish the Rage of hot Men and the Partialities of Juries may be stopp'd with my Blood which I would offer up with so much the more Joy if I thought I should be the last were to suffer in such a way Since my Sentence I have had but few Thoughts but Preparatory ones for Death Yet the importunity of my Friends and particularly of the Best and Dearest Wife in the World prevail'd with me to sign Petitions and make an Address for my Life To which I was very averse For
Time Place or Person could be found in it as hath ever been done by those who endeavour'd to raise Insurrections all was supplied by Innuendo's Whatsoever is said of the Expulsion of Tarquin the Insurrection against Nero the Slaughter of Caligula or Domitian The Translation of the Crown of France from Merovius his Race unto Pepin and from his Descendants unto Hugh Capet and the like applied by Innuendo unto the King They have not considered that if such Acts of State be not good there is not a King in the World that has any Title to the Crown he bears nor can have any unless he could deduce his Pedigree from the Eldest Son of Noah and shew that the Succession had still continued in the Eldest of the Eldest Line and been so deduced to him Every one may see what advantage this would be to all the Kings of the World and whether that failing it were not better for them to acknowledg they had received their Crowns by the Consent of Willing Nations or to have no better Title unto them than Usurpation and Violence which by the same ways may be taken from them But I was long since told that I must Die or the Plot must Die Lest the means of destroying the best Protestants in England should fail the Bench must be filled with such as had been Blemishes to the Bar. None but such as these would have Advised with the King's Council of the means of bringing a Man to Death Suffered a Jury to be packed by the King's Sollicitors and the Under-Sheriff Admit of Jury-men who are not Freeholders Receive such Evidence as is above-mentioned Refuse a Copy of an Indictment or to Suffer the Statute of 46 Ed. 3. to be read that doth expresly Enact it should in no Case be denied unto any Man upon any occasion whatsoever over rule the most important Points of Law without hearing And whereas the Stat. 25. Ed. 3. upon which they said I should be Tried doth Reserve unto the Parliament all Constructions to be made in Points of Treason They could assume unto themselves not only a Power to make Constructions but such Constructions as neither agree with Law Reason or Common Sense By these means I am brought to this place The Lord forgive these Practices and avert the Evils that threaten the Nation from them The Lord sanctify these my Sufferings unto me and tho' I fall as a Sacrifice unto Idols suffer not Idolatry to be Established in this Land Bless thy People and save them Defend thy own Cause and defend those that defend it Stir up such as are Faint Direct those that are willing confirm those that Waver Give Wisdom and Integrity unto all Order all things so as may most redound unto thine own Glory Grant that I may Die glorifying thee for all thy Mercies and that at the last thou hast permitted me to be Singled out as a Witness of thy Truth and even by the Confession of my Opposers for that OLD CAVSE in which I was from my Youth engaged and for which thou hast Often and Wonderfully declared thy Self CHAP. I. Of MAGISTRACY I. RELATION is nothing else but that State of Mutual Respect and Reference which one Thing or Person has to another II. Such are the Relations of Father and Son Husband and Wife Master and Servant Magistrate and Subject III. The Relations of a Father Husband and Master are really distinct and different that is one of them is not the other For he may be any one of these who is none of the rest IV. This distinction proceeds from the different Reasons upon which these Relations are Founded V. The Reason or Foundation from whence arises the Relation of a Father is from having Begotten his Son who may as properly call every Old Man he meets his Father as any other Person whatsoever excepting him only who Begat him VI. The Relation of an Husband and Wife is founded in Wedlock whereby they mutually consent to become one Flesh VII The Relation of a Master is founded in that Right and Title which he has to the Possession or Service of his Slave or Servant VIII In these Relations the Name of Father Husband and Master imply Soveraignty and Superiority which varies notwithstanding and is more or less Absolute according to the Foundation of these several Relations IX The Superiority of a Father is founded in that Power Priority and Dignity of Nature which a Cause hath over its Effect X. The distance is not so great in Wedlock but the Superiorty of the Husband over the Wife is like that of the Right hand over the left in the same Body XI The Superiority of a Master is an absolute Dominion over his Slave a Limited and Conditionate Command over his Servant XII The Titles of Pater Patriae and Sponsus Regni Father of the Country and Husband of the Realm are Metaphors and improper Speeches For no Prince ever Begat a whole Country of Subjects nor can a Kingdom more properly be said to be Married than the City of Venice is to the Adriatique Gulph XIII And to shew further that Magistracy is not Paternal Authority nor Monarchy founded in Fatherhood it is undeniably plain that a Son may be the Natural Soveraign Lord of his own Father as Henry the second had been of Jeffery Plantagenet if he had been an Englishman which they say Henry the Seventh did not love to think of when his Sons grew up to Years And this Case alone is an Eternal Confutation of the Patriarchate XIV Neither is Magistracy a Martial Power for the Husband may be the Obedient Subject of his own Wife as Philip was of Queen Mary XV. Nor is it that Dominion which a Master has over his Slave for then a Prince might Lawfully Sell all his Subjects like so many head of Cattle and make Money of his whole stock whenever he pleases as a Patron of Algiers does XVI Neither is the Relation of Prince and Subject the same with that of a Master and hired Servant for he does not hire them but as St. Paul saith They pay him Tribute in consideration of his continual Attendance and Imployment for the Publick Good XVII That publick Office and Imployment is the Foundation of the Relation of King and Subject as many other Relations are likewise Founded upon other Functions and Administrations such as Guardian and Ward c. XVIII The Office of a King is set down at large in the XVII Chap. of the Laws of King Edward the Confessor to which the succeeding Kings have been sworn at their Coronation And it is affirmed in the Preambles of the Statutes of (a) Prout Regalis Officii exposcit utilitas Marlbridge and of the Statute of Quowarranto made at (b) ficome le profit de Office Demaunde The Kingly or Regal Office of this Realm jo Mar. Sess 3. Cap. 1. Gloucester That the Calling of Parliaments to make Laws for the better Estate of the Realm and the more full
Crime if it had been found about him written by another hand and I could name one or two Persons who as they were able enough to Compose such Papers so had power enough over his Spirit to engage him to Copy them and to put themselves out of danger by restoring the Original You ought to address your self to the Learned Divines of our Church for answer to such things in them as puzzle you and not to one that has not the honour to be of that Body and that has now carried a Sword for some time and imploys the leasure that at any time he enjoys rather in Philosophical and Mathematical Enquiries than in matters of Controversie There is indeed one Consideration that determined me more easily to comply with your desires which is my having had the honour to discourse copiously of those matters with the late King himself and he having proposed to me some of the particulars that I find in those Papers and I having said several things to him in answer to those Heads which he offered to me only as Objections with which he seemed fully satisfied I am the more willing to communicate to you that which I took the liberty to lay before His late Majesty on several occasions the particulars on which he insisted in discourse with me were the uselessness of a Law without a Judge and the necessity of an infallible Tribunal to determine Controversies to which he added the many Sects that were in England which seemed to be a necessary consequence of the Liberty that every one took to interpret the Scriptures and he often repeated that of the Church of Englands arguing from the obligation to obey the Church against the Sectaries which he thought was of no force unless they allowed more Authority to the Church then they seemed willing to admit in their Disputes with this Church of Rome But upon the whole Matter I will offer you some Reflections that will I hope be of as great weight with you as they are with my self I. All Arguments that prove upon such general Considerations that there ought to be an Infallible Judge named by Christ and cloathed with his Authority signify nothing unless it can be shewed us in what Texts of Scripture that nomination is to be found and till that is shewed they are only Arguments brought to prove that Christ ought to have done somewhat that he has not done So these are in effect so many Arguments against Christ unless it appears that he has Authorised such a Judge therefore the right way to end this Dispute is to shew where such a Constitution is Authorised So that the most that can be made of this is that it amounts to a favourable presumption II. It is a very unreasonable thing for us to form Presumptions of what is or ought to be from Inconveniences that do arise in case that such things are not for we may carry this so far that it will not be easie to stop it It seems more suitable to the infinite Goodness of God to communicate the knowledge of himself to all Mankind and to furnish every Man with such assistances as will certainly prevail over him It seems also reasonable to think that so perfect a Saviour as Jesus Christ was should have shewed us a certain way and yet consistent with the free Use of our Faculties of avoiding all sin nor is it very easie to imagine that it should be a reproach on his Gospel if there is not an Infallible Preservative against Errour when it is acknowledged that there is no infallible Preservative against sin for it is certain that the one Damns us more Infallibly than the other III. Since presumptions are so much insisted on to prove what things must be appointed by Christ it is to be considered that it is also a reasonable Presumption that if such a Court was appointed by him it must be done in such plain terms that there can be no room to question the meaning of them and since this is the hinge upon which all other matters turn it ought to be expressed so particularly in whom it is vested that there should be no occasion given to dispute whether it is in one Man or in a Body and if in a Body whether in the Majority or in the two thirds or in the whole Body unanimously agreeing in short the Chief thing in all Governments being the Nature and Power of the Judges those are always distinctly specified and therefore if these things are not specified in the Scriptures it is at least a strong Presumption that Christ did not intend to authorise such Judges IV. There were several Controversies raised among the Churches to which the Apostles writ as appears by the Epistles to the Romans Corinthians Galatians and Colossians yet the Apostles never make use of those passages that are pretended for this Authority to put an end to those Controversies which is a shrew'd Presumption that they did not understand them in that sense in which the Church of Rome does now take them Nor does St. Paul in the Directions that he gives to the Church-men in his Epistles to Timothy and Titus reckon this of submitting to the directions of the Church for one which he could not have omitted if this be the true meaning of those disputed passages and yet he has not one word sounding that way which is very different from the directions which one possessed with the present view that the Church of Rome has of this matter must needs have given V. There are some things very expresly taught in the New Testament such as the Rules of a good Life the Vse of the Sacraments the addressing our selves to God for Mercy and Grace thro' the Sacrifice that Christ offered for us on the Cross and the worshipping him as God the Death Resurrection and Ascention of Jesus Christ the Resurrection of our Bodies and Life Everlasting by which it is apparent that we are set beyond doubt in those matters if then there are other passages more obscure concerning other matters we must conclude that these are not of that Consequence otherwise they would have been as plainly reveal'd as others are but above all if the Authority of the Church is delivered to us in disputable terms that is a just prejudice against it since it is a thing of such Consequence that it ought to have been revealed in a way so very clear and past all dispute VI. If it is a Presumption for particular Persons to judge concerning Religion which must be still referred to the Priests and other Guides in Sacred Matters this is a good Argument to oblige all Nations to continue in the Established Religion whatever it may happen to be and above all others it was a convincing Argument in the Mouths of the Jews against our Saviour He pretended to be the Messias and proved it both by the Prophesies that were accomplished in him and by the Miracles that he wrought as for the
what Mr. Pen intends when he tells us that such a Bargain will be driven with the Kingdom as will make the Church of England think that half a Loaf had been better than no Bread Good Adv. p. 43. and that one year will shew the Trick and mightily deceive her and the opportunity of her being preserved lost and another Bargain driven mightily to her disadvantage Ibid. p. 42. But as it will be impossible for Papists and Dissenters should they conspire together to be able to effect it considering the interest which her integrity in the Protestant Religion and her tenderness for the Rights and Liberties of the Kingdoms have justly acquired unto her so it were both the most foolish as well as criminal thing which any pretending themselves Protestants can be guilty of to be in any measure accessory unto it For as there is nothing in reference to their own Religious Liberties and the Priviledges of the Nation which they may not undoubtedly expect from her Justice as well as from her Mercy and Moderation so there is no means left within our view either to give a lasting Peace and a firm settlement to Three distracted Kingdoms or to bring the Protestant Interest into such a condition as may ballance the Papal grandure in Europe and give check to the rage of Persecution in all places but her happy advancement to the Thrones of Great Brittain and Ireland when it shall please God to remove his Majesty Until which time I hope all who call themselves Protestants will submit to the worst of fate rather than to fall under the Curse of this Age and Ignominy with all that shall come after for becoming an United Party with the Church of Rome in any of her Designs how plausible soever they may appear The Ill Effects of Animosities 'T IS long since the Court of England under the Authority of the late King and his Brother was embark'd in a design of subverting the Protestant Religion and of introducing and establishing Popery For the two Royal Brothers being in the time of their Exile seduced by the Caresses and Importunities of their Mother allured by the Promises and Favours of Popish Princes and being wheedled by the Crafts and Arts of Priests and Jesuites who are cunning to deceive and know how to prevail upon persons that were but weakly established in the Doctrine and wholly strangers to the practice and power of the Religion they were tempted from they not only abjured the Reformed Religion and became reconciled to the Church of Rome but by their Example and the Influence which they had over those that depended upon them both for present Subsistence and future Hopes they drew many that accompanied them in their Banishment to renounce the Doctrine Worship and Communion of the Church of England though in the War between Charles the First and the Parliament they had pretended to fight for them in equal conjunction with the Prerogatives of the Crown So that upon the Restoration in the year 1660 they were not only moulded and prepared themselves for promoting the desires of the Pope and his Emissaries but they were furnished with a stock of Gentlemen out of whom they might have a supply of Instruments both in Parliament and elsewhere to co-operate with and under them in the methods that should be judged most proper and subservient to the Extirpation of Protestancy and the bringing the Nation again into a Servitude to the Triple Crown And besides the Obligations that the Principles of the Religion to which they had revolted laid them under for eradicating the established Doctrine and Worship they had bound themselves unto it by all the Promises and Oaths which persons are capable of having prescribed unto and exacted of them Nor can any now disbelieve his late Majesty's having lived and died a Papist who hath either heard what he both said and did when under the prospect of approaching Death and past hope of acting a part any longer on the present Stage or who have seen and read the two Papers left in his Closet which have been since published to the World and attested for Authentick by the present King And had we been so just to our selves as to have examined the whole course of his Reign both in his Alliances Abroad and his most Important Counsels and Actions at Home or had we hearkened to the Reports of those who knew him at Collen and in Flanders we had been long ago convinced of what Religion he was Nor were his many repeated Protestations of his Zeal for Protestancy but in order to delude the Nation till insensibly as to us and with safety to himself he had overturned the Religion which he pretended to own and had introduced that which he inveighed against And while with the highest asseverations he disclaimed the being what he really was and with most sacred and tremendous Oaths professed the being what he was not his Religion might in the mean time have been traced through all the signal Occurrences of his Government and have been discerned written in Capital Letters through all the material Affairs wherein he was engaged from the Day he ascended the Throne till the Hour he left the World His entring into two Wars against the Dutch without any provocation on their part or ground on his save their being a Protestant State his being not only conscious unto but interposing his Commands as well as Encouragements for the burning of London His concurrence in all the parts of the Popish Plot except that which the Jesuites with a few others were involved in against himself his stifling that Conspiracy and delivering the Roman Catholicks from the Dangers into which it had cast them His being the Author of so many forged Plots which he caused to be charged on Protestants His constant Confederacies with France to the disobliging his people the betraying of Europe the neglect of the reformed in that Kingdom and the encouraging the Design carried on against them for their Extirpation His entailing the Duke of York upon the Nation contrary to the Desires and Endeavours of three several Parliaments and that not out of Love to his person but Affection to Popery which he knew that Gentleman would introduce and establish All these besides many other things which might be named were sufficient Evidences of the late King's Religion and of the Design he was engaged in for the Subversion of Ours So that it would fill a sober person with amazement to think that after all this there should be so many sincere Protestants and true English Men who not only believed the late King to be of the reformed Religion but with an insatiableness thirsted after the Blood of those that durst otherwise represent him And had it not been for his receiving Absolution and Extream Unction from a Popish Priest at his Death and for what he left in writing in the two Papers found in his strong Box he would have still passed for a Prince
such Assemblies which times are as ancient as any Memory of the Nation it self hence I infer that no Summons from the King can be thought to have been necessary in those days because it was altogether needless Secondly The Succession to the Crown did not in those days nor till of late years run in a course of Lineal Succession by right of Inheritance But upon the death of a Prince those Persons of the Realm that Composed the then Parliament Assembled in order to the choosing of another That the Kingdom was then Elective though one or other of the Royal Blood was always chosen but the next in Lineal Succession very seldom is evident from the Genealogies of the Saxon Kings from an old Law made at Calchuyth appointing how and by whom Kings shall be chosen and from many express and particular Accounts given by our old Historians of such Assemblies held for Electing of Kings Now such Assemblies could not be Summon'd by any King and yet in conjunction with the King that themselves set up they made Laws binding the King and all the Realm Thirdly After the Death of King William Rufus Robert his Elder Brother being then in the Holy Land Henry the younger Son of King William the First procured an Assembly of the Clergy and People of England to whom he made large Promises of his good Government in case they would accept of him for their King and they agreeing that if he would restore to them the Laws of King Edward the Confessor then they would consent to make him their King He swore that he would do so and also free them from some oppressions which the Nation had groan'd under in his Brothers and his Fathers time Hereupon they chose him King and the Bishop of London and the Archbishop of York set the Crown upon his Head Which being done a Confirmation of the English Liberties passed the Royal Assent in that Assembly the same in substance though not so large as King John's and King Henry the Third's Magna Charta's afterwards were Fourthly After that King's Death in such another Parliament King Stephen was Elected and Mawd the Empress put by though not without some stain of perfidiousness upon all those and Stephen himself especially who had sworn in her Fathers Life-time to acknowledge her for their Soveraing after his decease Fifthly In King Richard the First 's time the King being absent in the Holy Land and the Bishop of Ely then his Chancellor being Regent of the Kingdom in his Absence whose Government was intolerable to the People for his Insolence and manifold Oppressions a Parliament was convened at London at the Instance of Earl John the Kings Brother to treat of the great and weighty affairs of the King and Kingdom in which Parliament this same Regent was depos'd from his Government and another set up viz. the Arch-Bishop of Roan in his stead This Assembly was not conven'd by the King who was then in Palaestine nor by any Authority deriv'd from him for then the Regent and Chancellor must have call'd them together but they met as the Historian says expresly at the Instance of Earl John And yet in the Kings Absence they took upon them to settle the publick Affairs of the Nation without Him Sixthly When King Henry the 3d. died his Eldest Son Prince Edward was then in the Holy Land and came not home till within the third year of his Reign yet immediately upon the Fathers Death all the Prelates and Nobles and 4 Knights for every Shire and 4 Burgesses for every Borough Assembled together in a great Council and setled the Government till the King should return Made a new Seal and a Chancellor c. I infer from what has been said that Writs of Summons are not so Essential to the being of Parliaments but that the People of England especially at a time when they cannot be had may by Law and according to our old Constitution Assemble together in a Parliamentary way without them to treat of and settle the publick Affairs of the Nation And that if such Assemblies so conven'd find the Throne Vacant they may proceed not only to set up a Prince but with the Assent and Concurrence of such Prince to transact all Publick business whatsoever without a new Election they having as great Authority as the People of England can deligate to their Representatives II. The Acts of Parliaments not Formal nor Legal in all their Circumstances are yet binding to the Nation so long as they continue in Force and not liable to be questioned as to the Validity of them but in subsequent Parliaments First The two Spencers Temp. Edvardi Secundi were banished by Act of Parliament and that Act of Parliament repealed by Dures Force yet was the Act of Repeal a good Law till it was Annulled 1 Ed. 3. Secondly Some Statutes of 11 Rich. 2. and attainders thereupon were repealed in a Parliament held Ann. 21. of that King which Parliament was procured by forced Elections and yet the Repeal stood good till such time as in 1 Henry 4. the Statutes of 11 Rich. 2. were revived and appointed to be firmly held and kept Thirdly The Parliament of 1 Hen. 4. consisted of the same Knights Citizens and Burgesses that had served in the then last dissolved Patliament and those Persons were by the Kings Writts to the Sheriffs commanded to be returned and yet they passed Acts and their Acts tho never confirmed continue to be Laws at this day Fourthly Queen Mary's Parliament that restored the Popes Supremacy was notoriously known to be pack'd inso much that it was debated in Queen Elizabeth's time whether or no to declare all their Acts void by Act of Parliament That course was then upon some prudential considerations declined and therefore the Acts of that Parliament not since repealed continue binding Laws to this day The reason of all this is Because no inferiour Courts have Authority to judge of the Validity or Invalidity of the Acts of such Assemblies as have but so much as a colour of Parliamentary Authority The Acts of such Assemblies being Entred upon the Parliament-Roll and certified before the Judges of Westminster-Hall as Acts of Parliament are conclusive and binding to them because Parliaments are the only Judges of the Imperfections Invalidities Illegalities c. of one another The Parliament that call'd in King Charles the Second was not assembled by the Kings Writ and yet they made Acts and the Royal assent was had to them many of which indeed were afterwards confirmed but not all and those that had no Confirmation are undoubted Acts of Parliament without it and have ever since obtained as such Hence I inferr that the present Convention may if they please assume to themselves a Parliamentary Power and in conjunction with such King or Queen as they shall declare may give Laws to the Kingdom as a legal Parliament The Thoughts of a Private Person about the Justice of the Gentlemens Vndertaking
shall Act not only contrary to but to the Destruction of the Fundamental Laws of the Kingdom And how Harmonious such Justice will be the Text tells us Deut. 27.17 Cursed be he that removeth his Neighbours Land mark and all the People shall say Amen That this present Session may have a happy Issue to answer the great ends of Parliaments and therein our present Exigencies and Necessities is the incessant Cry and longing Expectation of all the Protestants in the Land The Security of English-mens Lives or the Trust Power and Duty of the Grand Juries of England Explained according to the Fundamentals of the English Government and the Declarations of the same made in Parliament by many Statutes THE Principal Ends of all Civil Government and of Humane Society were the Security of Mens Lives Liberties and Properties mutual assistance and help each unto other and provision for their common benefit and advantage and where the Fundamental Laws and Constitution of any Government have been wisely adapted unto those Ends such Countries and Kingdoms have increased in Vertue Prowess Wealth and Happiness whilst others through the want of such excellent Constitutions or negect of preserving them have been a Prey to the Pride Lust and Cruelty of the most Potent and the People have had no assurance of Estates Liberties or Lives but from their Grace and Pleasure They have been many times forced to welter in each other's Blood in their Master's quarrel for Dominion and at best they have served like Beasts of burthen and by continual base subserviency to their Master's Vices have lost all sense of true Religion Virtue and Manhood Our Ancestors have been famous in their Generations for Wisdom Piety and Courage in forming and preserving a Body of Laws to secure themselves and their Posterities from Slavery and Oppression and to maintain their Native Freedoms to be subject only to the Laws made by their own Consent in their general Assemblies and to be put in execution chiefly by themselves their Officers and Assistants to be guarded and defended from all Violence and Force by their own Arms kept in their own hands and used at their own charge under their Prince's Conduct entrusting nevertheless an ample Power to their Kings and other Magistrates that they may do all the good and enjoy all the happiness that the largest Soul of man can honestly wish and carefully providing such means of correcting and punishing their Ministers and Councellors if they transgressed the Laws that they might not dare to abuse or oppress the People or design against their freedom or welfare This Body of Laws our Ancestors always esteemed the best Inheritance they could leave to their Posterities well knowing that these were the sacred Fence of their Lives Liberties and Estates and an unquestionable Title whereby they might call what they had their own or say they were their own Men The inestimable value of this Inheritance moved our Progenitors with great resolution bravely from Age to Age to defend it and it now falls to our lot to preserve it against the Dark Contrivances of a Popish Faction who would by Frauds Sham-Plots and Infamous Perjuries deprive us of our Birth-rights and turn the points of our Swords our Laws into our own Bowels they have impudently scandalized our Parliaments with Designs to overturn the Monarchy because they would have excluded a Popish Successor and provided â—or the Security of the Religion and Lives of all Protestants They have caused Lords and Commoners to be for a long time kept in Prisons and suborned Witnesses to swear matters of Treason against them endeavouring thereby not only to cut off some who had eminently appeared in Parliament for our ancient Laws but through them to blast the Repute of Parliaments themselves and to lessen the Peoples Confidence in those great Bulwarks of their Religion and Government The present purpose is to shew how well our Worthy Fore-fathers have provided in our Law for the safety of our Lives not only against all attemps of open Violence by the severe punishment of Robbers Murtherers and the like but the secret poisonous Arrows that fly in the dark to destroy the Innocent by false Accusation and Perjuries Our Law-makers foresaw both their dangers from the Malice and Passion that might cause some of private condition to accuse others falsly in the Courts of Justice and the great hazards of Worthy and Eminent Mens Lives from the Malice Emulation and Ill Designs of Corrupt Ministers of State or otherwise potent who might commit the most odious of Murthers in the form and course of Justice either by corrupting of Judges as dependant upon them for their Honour and great Revenue or by bribing and hiring men of depraved Principles and desperate Fortunes to swear falsly against them doubtless they had heard the Scriptures and observed that the great men of the Jews sought out many to swear Treason and Blasphemy against Jesus Christ They had heard of Ahab's Courtiers and Judges who in the Course and Form of Justice by false Witnesses murthered Naboth because he would not submit his Property to an A bitrary Power Neither were they ignorant of the Ancient Roman Histories and the pestilent false Accusers that abounded in the Reign of some of those Emperors under whom the greatest of Crimes was to be virtuous Therefore as became good Legislators they made as prudent Provinon as perhaps any Country in the World enjoys for equal and impartial Administration of Justice in all the concerns of the Peoples Lives that every man whether Lord or Commoner might be in safety whilst they lived in due obedience to the Laws For this purpose it is made a Fundamental in our Government that unless it be by Parliament See Lâ— Cook 's Instit 3d part p. 40. See Mag. Chart. Cooke's â—d part of Insâ—â—t p. 50 51. no man's Life should be touched for any Crime whatsoever save by the Judgment of at least 24 Men that is 12 or more to find the Bill of Indictment whether he be Peer of the Realm or Commoner and 12 Peers or above if a Lord if not 12 Commoners to give the Judgment upon the general Issue of not guilty joined of these 24 the first 12 are called the Grand Inquest or the Grand Jury for the extent of their power and in regard that their number must be no more than 12 sometimes 23 or 25 never were less than 13. Twelve whereof at least must agree to every Indictment or else 't is no legal Verdict If 11 of 21 or of 13 should agree to find a Bill of Indictment it were no Verdict The other Twelve in Commoners Cases are called the Petit-Jury and their number is ever Twelve but the Jury for a Peer of the Realm may be more in number though of like Authority The Office and Power of these Juries is Judicial they only are the Judges from whose Sentence the Indicted are to expect Life or Death upon their Integrity and Understanding
the Lives of all that are brought into Judgment do ultimately depend from their Verdict there lies no Appeal by finding Guilty or not Guilty they do complicately resolve both Law and Fact As it hath been the Law so it hath always been the Custom and Practice of these Juries upon all general Issues pleaded in Cases Civil as well as Criminal to judge both of the Law and Fact See the Reports of the Ld Chief Justice Vaughan p. 150 151. So it is said in the Report of the Lord Chief Justice Vaughan in Bushel's Case That these Juries determine the Law in all matters where Issue is joined and tried in the Principal Case whether the Issue be about Trespass or a Debt or Disseizin in Assizes or a Tort or any such like unless they should please to give a special Verdict with an implicite faith in the Judgment of the Court to which none can oblige them against ther wills These last 12 must be Men of equal condition with the Party indicted and are called his Peers therefore if it be a Peer of the Realm they must be all such when indicted at the Suit of the King and in the Case of Commoners every man of the 12 must agree to the Verdict freely without compulsion fear or menace else it is no Verdict Whether the Case of a Peer be harder I will not determine Our Ancestors were careful that all men of the like condition and quality presumed to be sensible of each other's infirmity should mutually be Judges each of others lives and alternately taste of Subjection and Rule every man being equally liable to be accused or indicted or perhaps to be suddenly judged by the Party of whom he is at present Judge if he be found innocent Whether it be Lord or Commoner that is indicted the Law intends as near as may be that his Equals that judge him should be his Companions known to him and he to them or at least his Neighbours or Dwellers near about the place where the Crime is supposed to have been committed to whom something of the Fact must probably be known and though the Lords are not appointed to be of the Neighbourhood to the indicted Lord yet the Law supposes them to be Companions and personally well known each unto other being presumed to be a small number as they have anciently been and to have met yearly or oftner in Parliament as by Law they ought besides their other meetings as the hereditary Councellors of the Kings of England If time hath altered the case of the Lords as to the number indifferency and impartiality of the Peers it hath been and may be worthy of the Parliament's consideration and the greater duty is incumbent upon Grand Juries to examine with the utmost diligence the Evidence against Peers before they find a Bill of Indictment against any of them if in truth it may put their Lives in greater danger It is not designed at this time to undertake a Discourse of Petit-Juries but to consider the Nature and Power of Grand Inquests and to shew how much the Reputation the Fortunes and the Lives of English-men depend upon the Conscientious performance of their Duty It was absolutely necessary for the support of the Government and the safety of every Man's Life and Interest that some should be trusted to inquire after all such as by Treasons Felonies or lesser Crimes disturbed the peace that they might be prosecuted and brought to condign punishment and it was no less needful for every man's quiet and safety that the trust of such Inquisitions should be put into the hands of Persons of understanding and integrity indifferent and impartial that might suffer no man to be falsely accused or defamed nor the Lives of any to be put in jeopardy by the malicious Conspiracies of greator small or the Perjuries of any profligate Wretches For these necessary honest Ends was the institution of Grand Juries Our Ancestors thought it not best to trust this great concern of their Lives and Interests in the hands of any Officer of the King 's or in any Judges named by him nor in any certain number of men during life lest they should be awed or influenced by great men corrupted by Bribes Flatteries or love of Power or become negligent or partial to Friends and Relations or pursue their own Quarrels or private Revenges or connive at the Conspiracies of others and indict thereupon But this trust of enquiring out and indicting all the Criminals in a County is placed in men of the same County more at least than Twelve of the most honest and most sufficient for knowledge and ability of Mind and Estate to be from time to time at the Sessions and Assizes and all other Commissions of Oyer and Terminer named and returned by the chief Sworn Officer of the County the Sheriff who was also by express Law anciently chosen annually by the People of every County and trusted with the Execution of all Writs and Processes of the Law and with the Power of the County to suppress all Violences unlawful Routs Riots and Rebellions Yet our Laws left not the Election of these Grand Inquests absolutely to the Will of the Sheriffs but have described in general their Qualifications who shall enquire and indict either Lord or Commoner They ought by the old Common-law to be Lawful Liedge-people of ripe Age not over aged or infirm and of good Fame amongst their Neighbours free from all reasonable suspicion of any design for himself or others upon the Estates or Lives of any suspected Criminals or quarrel or controversie with any of them They ought to be indifferent and impartial even before they are admitted to be sworn and of sufficient understanding and Estate for so great a Trust The ancient Law-book called Briton of great Authority says See Brit. p. 9 and 10. The Sheriffs Bailiffs ought to be sworn to return such as know best how to enquire and discover all breaches of the Peace and lest any should intrude themselves or be obtruded by others they ought to be returned by the Sheriff without the denomination of any except the Sheriff's Officers And agreeable hereunto was the Statute of 11 H. 4. in these words Item Because of late See 11 Hen. 4. Inquests were taken at Westminster of persons named to the Justices without due Return of the Sheriff of which persons some were outlawed c. and some fled to fanctuary for Treason and Felony c. by whom as well many Offenders were indicted as other lawful Liege-people of the King not guilty by Conspiracy Abetment and false imagination of others c. against the force of the Common-Law c. It is therefore granted for the Ease and Quietness of the People that the same Indictment with all its Dependences be void and holden for none for ever and that from henceforth no Indictment be made by any such persons but by Inquest of the King's Liedge-people in the manner as