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A47942 A word concerning libels and libellers humbly presented to the Right Honorable Sir John Moor, Lord-Mayor of London, and the Right Worshipfull the aldermen his bretheren / by Roger L'Estrange. L'Estrange, Roger, Sir, 1616-1704. 1681 (1681) Wing L1327; ESTC R21957 9,783 16

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Profit together with the King P. 18. We 'l see now what he says to the Point of Election or Succession In the time says he of Hen. 1. and Hen. 2. there were some Speciall Acts of Parliament for settling the Crown on Maud the Empress or her Issue P. 24. But all such Acts for Tying the Crown to such or such a Family do not Evince a Former Right of Succession P. 25. And then further I say not says he Ibid. how often it hath been adjudg'd that Affirmative Statutes do not annull the Common Law and that one may Prescribe against a Statute Negative but in Affirmance of the Common Law So that if an English King was Elective by the Common Law the Kingdom might Prescribe against Late Statutes which might Erre much more then they could Oblige All Future Parliaments but they might still be free and most of all in what was due before by Common Law Ibid. And moreover P. 75. He grounds his Pretence upon the Speech of Hubert at the Coronation of King John an Excellent President for his turn It is well known to you all that no man hath Right of Succession to this Crown Except that by Unanimous Consent of the Kingdom with Invocation on the Holy Ghost he be Elected from his own Deserts but if any of the last Kings race be more worthy and better then others his Election is more Proper or more Reasonable as it now is in Earl John here present Which says he Ibid. seemeth most rightly to State the nature of Succession as it was in this Kingdom So that all did amount but to this That if a King had such Children so Qualify'd and so Educated that they were above others in Virtue Wisdom and True worth or at least Caeteris Pares they were the most likely Candidates for the Crown So that his Malitious Imposture resolves at last wholly into this He sets the Parliament and the People above the King and makes the Government Elective by the Common Law and from thence Concludes all those Statutes that Assert the Kings Sole Sovereignty and the Right of Hereditary Succession as Nullities for then Repugnance thereunto ' ●is true that Care and Janeway for they are both one in the Impartial have publish'd Num. 82. a Rude Advertisement as if Baldwin had not publish d this Book Whereas O●e or ●wo of Baldwins Servants were taken at One a Clock on a Sunday Morning Posting up the Title Pages which is as much a Publishing them as if he had sold them Openly in his own shop Beside that t is probable he knew the Malice of the Book by the Close and Unseasonable course he took for the Notifying and dispersing of it I have been forc'd to speak at large upon This but I shall be shorter in the rest and go on a little upon the same Head of Sedition All Considering People will now see that Conventiclers are not punish d and ruin'd for holding Conventicles but for being zealous for the Protestant Religion and Government by advice of Parliament against Popery and Clandestine Arbitrary Councells Postscript to Remarques upon Sr. William Smiths Speech at Hicks Hall Publish'd by Baldwin again Here is first a Vote of the Commons set up above the Authority of several Establish'd Laws 2 ly The King himself charg'd with a design of Suppressing the Protestant Religion and Advancing the Interest of Popery in Requiring the Execution of 'em and with Clandestine Arbitrary Councells over and above Double your Watches says Janeway in his Vox Patriae Chain up the Streets of the City day and night Suffer not any Body of Armed Soldiers Greater or Less other then the Trained Bands of this City to march through any part of the City P 1. Here 's a Proposall of keeping his Majesty out of Louden by Force and the Rebells did his Father out of Hall and the Printing of this Paper can have no other End then to Invite and Encourage the Nation into a Tumult And what 's the Ground of this Audacious Proposall but the Surprizing Prorogation of the Parliament Ibid. So that the King shall not Exercise the undoubted ' Prerogatives of his Royall Authority upon pain of Janeways denoun●ing War against him In the same Libell P. 17 he has a Pretended Address from Suffex to the Knights of the Shire declaring that they will stand by and defend them with their Lives and Fortunes in doing whatsoever they shall judge necessary for the Peace Safety and Prosperity of the Nation if any danger should threaten them And the People of Winchelsea undertake as far to their Burgesses P. 20. Thereby disowning their duty to their Sovereign and transferring their Allegeance to their fellow-Fellow-Subjects The Burden of the Song from one end to the other of this Pamphlet being the Exclusion of his Royall Highness and Barring the Kings Supply with an intermixture of demanding the Artillery the Militia the Regulation of Courts Ecclesiastical and Civil a Bill of Association the disposing of all Publick Offices and Charges c. The Sheriffs Case makes King Lords and Commons to be a Corporation which amounts to no less then a ' Deposing of the King That Bugbear Passive-Obedience says Jo. Starkey in the Character of a Popish Successor P. 20. is a Notion crept into the world and most zealously and perhaps as Ignorantly defended What is this but a Papall Absolution But then in the Second Part P. 34. the Nail is driven to the Head Have we not bad a Late King of Portugal Deposed as Delirious and Frantick and consequently render'd by Law Vncapable of Reigning and all this done by his own Subjects and those of his own Religion without the least Reflection of Treason or Rebellion or the Aspersion of Lifting a hand against the Lords Anointed What is this but to tell the People that there needs no more to the Deposing of a Prince then the Outcry of the Multitude that he is not fit to Govern These Outrages upon the Laws of God and man will never find Protection within the Walls of this Loyal City And this Licence is not more the Shame of the Government then the Vile Instruments are in truth the Dishonour of Mankinde The Desperate Practices Declarations and Positions of the Scottish Covenanters even to the barefac'd avowing of it to be their Duty to destroy the King the Royal Family and the Persons as well as the Order of the Bishops is too notorious to be either Conceal'd Palliated or Deny'd which put the Government in Conclusion upon a Test as the only Expedient for the securing both of the Church and State against the Violent and Impious Machinations of those Diabolical Spirits and in effect for preserving the Peace of the Two Kingdoms Just now upon this very Instant of Time when the Scottish Faction were Meditating New Commotions out comes Curtis's Cheat and Mockery of the Arraignment Tryal and Condemnation of a Dogg for refusing the Test and the
A WORD CONCERNING LIBELS AND LIBELLERS Humbly Presented To the Right Honorable Sir John Moor Lord-Mayor of London and the Right Worshipfull the Aldermen his Brethren By Roger L' Estrange LONDON Printed for Joanna Brome at the Signe of the Gun in S. Pauls Church-yard 1681. To the Right Honorable Sir John Moor Knight Lord-Mayor of the City of London and to the Right Worshipful the Aldermen his Brethren BEing given to understand that your Lordship and the Court of Aldermen have lately taken into consideration the bus'ness of Seditious Libells and Papers and that for want of particular Enformation the matter proceeded no further at that time then to a Generall Admonition which extended to the Innocent as well as to the Guilty through the False and Malitious Practices of the Criminalls for the Involving of both forts under the same Scandall and Condemnation I reckon it my duty to the King the Church the City to every Honest man and in the last place to my Self to present your Lordship and the Bench of Aldermen your Brethren with the means of distinguishing the One from the Other In full assurance that your Loyalty Generosity and Wisedom your love of Truth Peace and Common Equity will dispose you to Vindicate his Majesties Crown and Dignity the Royal Family the honour of the Government and all that is Sacred in humane Society against all Insults whatsoever and Cause Exemplary Justice to be done upon such Offenders in these Cases as shall be found properly under your Authority and Jurisdiction I shall not Clog this Paper with Instances either superfluous or of Ancient Date but keep my self within compass both for Time and Bulk Citing the Book and the Page still as I go along with the Publishers Name in the Margent And it will likewise appear from the Pamphlets themselves that there 's a Form'd Conspiracy against both Church and State for the destruction of the Whole and of every Part of it Root and Branch The Book that deserves the first place in this consideration was printed for John Kidgel at the Atlas in Cornhill 1682. and publish'd by Rich●rd Baldwin in the Old-Bayly A Bold and a Common Agent for the promoting of Sedition and it carries the designe in the very Title and Face on 't Rights of the Kingdom or Customs of our Ancestors touching the Duty Power Election or Succession of our Kings and Parliaments Our TRVE Liberty DUE Allegeance Three Estates THEIR Legislative Power Originall Judiciall and Executive with the Militia Freely discussed through the Brittish Saxon Norman Laws Histories This Gallimawfrey of Fragments was first publish'd in 1649. in favour of Cromwells Proceeding and Government the main Stress of the Discourse resting upon these two Points First that the Late King was lawfully put to death Secondly that the English Monarchy is not Hereditary but Elective And so the Author by Presidents either Impertinent Unwarrantable Perverted or misapply'd supports his Pretensions the best he can Finding this Treasonous Piece to be now Re-printed I could not but bethink my self To what end And this Curiosity put me upon comparing the Two Editions to see how far they Agreed wherein they Differ'd or whether this Latter Impression were the very same with the Original Upon the Examination I find severall sly Variations and Additions and many things Omitted in the Latter Copy which gives first to understand that this is not the work of a Bookseller or Printer for profit but a Regular and Industrious Disposition of the matter for some other purpose And what that Purpose is may be easily gather'd from the Pulse and Biass of the Treatise For the Omissions though Many Large are only such as apply the Arguments for the Sovereign Power of a Parliament or the People to the Defence of the Late Kings Murther or else such as strike so directly at the Subversion of the Monarchy that the Age is not as yet either so Mad or so Wicked as to bear it But his Arguments and Reasonings all this while for the Peoples Right of Calling their Kings to an Account remain Whole and Vntouch'd So that his Maintenance of the Peoples Power over the King even to the Deposing and putting of him to Death stands as good against this King as it did against his Father and speaks the Publisher and the Author to be both of a mind in the Case In One word the two Pos●ions of this Villanous Book are the Two Pillars of the Associating Plot. And if the Faction can but first perswade the Multitude that if the King will not do as the People would have him the People may deal with the King as they please And Secondly That this is an Elective Monarchy there 's the King's the Duke of York's and the Governments business done at a Blow But I shall leave the Author to Expound his own meaning in three or four passages omitted in this new Edition I cannot see says he why it should be a Crime for any to desire that an Action of such Concernment putting the King to death might be fully Clear'd to be Just and acted Justly Page 2. And again I would gladly have spoken all that I justly might to have saved him from death till I had seen that his Life could not consist with Peoples Peace and Safety which I may acknowledge to be the Supreme and Highest Law Humane P. 3. Further My work shall be to Enquire of matters of Law And how by the Laws and Customs of this Kingdom it may be known Adjudged and Declar'd what is the Duty of our King and whether he hath done it or not and in case of failure how it may be judg'd who they be that must determine it so that the Subject may and should be quiet and submit to such an Act Judiciall and Conclusive Pag. 4. Once again It may seem a short work and soon sayd when the King breaks his Trust the Parliament must Judge him and when the Lords refuse the Commons might and must because it was Necessity but I am loth to hide my self in a Dark Chaos I had rather see it Cleared in the Open Sun P. 4. This is sufficient to shew the Opinion and the Drift of the Author wherein he declares himself that the Late King was Justly put to death and undertakes by Law and Reason to prove it So that his Pretended Proofs being now Expos'd to the Publick by Kidgell and Baldwin in the very same terms with the Original must necessarily render the Late Publishers as Guilty as the Author There runs a Vein of Sedition through the whole Tract but some Few Instances out of this late Impression shall serve the Turn Let us Discusse it says he by Law and Reason what is our Legall Fcalty how made how Limited how kept or how DISSOLV'D P. 11. So that our Allegeance may be Dissolv'd it seems and is only Conditionall And again Allegeance was ad Legem to the Laws the Kingdom and the Kingdoms good or