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A61358 State tracts, being a farther collection of several choice treaties relating to the government from the year 1660 to 1689 : now published in a body, to shew the necessity, and clear the legality of the late revolution, and our present happy settlement, under the auspicious reign of their majesties, King William and Queen Mary. William III, King of England, 1650-1702.; Mary II, Queen of England, 1662-1694. 1692 (1692) Wing S5331; ESTC R17906 843,426 519

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although we do not in the least question your Faithfulness to the true Interest of this Nation nor your Prudence in the Management thereof yet esteeming it greatly our Duty in this unhappy Juncture wherein our Religion Lives Liberties Properties and all that is dear unto us are in such iminent danger to signifie our pressing Dangers unto You. And accordingly we do request That in the next Parliament wherein we have chose You to Sit and Act That You will with the greatest Integrity and most undaunted Resolution joyn with and assist the other Worthy Representatives and Patriots of this Nation in the searching into and preventing the Horrid and Hellish Vill●nies Plots and Designs of that wicked and restless sort of People the Papists both in this and the Neighbouring Kingdoms And making some honourable Provision for the Discovery thereof In securing to us the Enjoyment of the True Protestant Religion and the well established Government of this Kingdom In Promoting the happy and long prayed for Union among all His Majesties Protestant Subjects In Repealing the 35th of Elizabeth the Corporation-Act and all other Acts which upon experience have proved injurious to the true Protestant Interest In Asserting the Peoples unquestionable Rights of Petitioning In removing our just Fears by reason of the great Forces in this Kingdom under the Name of Guards which the Law hath no knowledge of In preventing the Misery Ruine and utter Destruction which unavoidably must come upon this and the neighbouring Nations if James Duke of York or any other Papist shall ascend the Royal Throne of this Kingdom And lastly in securing to us our Legal Right of Annual Parliaments which under God will unquestionably prove the highest security of all that is good and desirable to us and our Posterity after us Always assuring our selves that you will not in any wise consent unto any Money-Supply until we are effectually secured against Popery and Arbitrary Power And particularly we desire you to give the most hearty Thanks of this County to that Noble Peer the Earl of Essex and by him to the rest of those Noble and Renowned Peers who were pleased lately and so seasonably to offer their Petition and Advice to His Majesty In the pursuance of all which Needful Worthy and Excellent Ends we shall as in duty bound stand by you with our Lives and Fortunes A Letter of Thanks from the Grand-Jury of the County of Worcester to the Knights of this Shire Dated Jan. 12. 1680. Honoured Sirs WE the Grand-Jury of the County of Worcester at the General Quarter Sessions of the Peace held for the said County the 11th day of Jan. in the 32d year of the King's Majesties Reign do hereby in the behalf of our selves and the County for which we serve return you our most hearty Thanks for your constant and unwearied Attendance upon the Service of His Majesty and your Country in this present Parliament in a Time of such iminent danger And especially of your concurrence in those Methods that have been taken for the Security of His Majesties Sacred Person the Protestant Religion and the Properties of His Majesties Subjects against the Hellish Plots of the Papists and their Adherents And we do humbly request your continuance therein and shall ever pray for the preservation of the Person of our most Gracious Sovereign and that God will direct and unite his Councils and upon all occasions testifie that we are Honoured Sirs Your very Humble Obliged and Thankful Servants This was signed by all the said Grand-Jury and directed to the Honourable Colonel Samuel Sandys and Thomas Foley Esquires Members of this present Parliament A Letter from the Ancient and Loyal Borough of North-Allerton in Yorkshire Dated Jan. 14. 1680. to their Burgesses in Parliament Honoured Sirs THe unexpected and sudden News of this Day 's Post preventing us from sending those due Acknowledgments which the greatness of your Services for Publick Good have merited from us we have no better way now left us to express our Gratitude and the highest Resentments of your Actions before and in your last Sessions of Parliament than to manifest our Approbation thereof by an Assurance that if a Dissolution of this present Parliament happen since you have evidenced so sufficiently your Affections to His Majesties Royal Person and Endeavours for the preserving the Protestant Religion our Laws and Liberties we are now resolved if you are pleas'd to continue with us to continue you as our Representatives And do therefore beg your Acceptance thereof and farther that you will continue your Station during this Prorogation faithfully assuring you that none of us desire to give or occasion you the Expence or Trouble of a Journey in order to your Election if such happen being so sensible of the too great expence you have been at already in so carefully discharging the Trust and Confidence reposed in you by Gentlemen Your Obliged and Faithful Friends and Servants Signed by the Burgesses and Electors of North-Allerton and directed to Sir Gilbert Gerrard and Sir Henry Calverly Burgesses for the Borough of North-Allerton in Yorkshire The same day the Grand-Jury of Reading Presented the following Paper to the Mayor of that Town Berkshire ss The Petition of the Grand-Jury of the Borough of Reading at the Sessions holden at the said Borough Jan. 14. 1680. To the Right Worshipful the Mayor and Aldermen of the Town and Borough of Reading The Humble Petition of the Grand-Jury of the said Town in behalf of themselves and others the Inhabitants of the same Sheweth THat your Petitioners are deeply sensible of the Great and Iminent Dangers and Mischiefs that threaten Us as well as the whole Nation by the implacable Malice and Endeavour of our Enemies to introduce Popery and Arbitrary Government to Subvert the Protestant Religion and our well-establisht Laws and to deprive us of our undoubted Rights and Liberties We therefore humbly entreat you that you would take it into your consideration that no Person whatsoever may be imployed encouraged or empowered to act in any wise in this Corporation that hath been Voted and Deemed in Parliament a Betrayer of the Rights of the People of England And your Petitioners shall Pray c. Soon after the Amazing Dissolution happened and His Majesty having then Declared his pleasure to Summon and Hold the next Parliament not at Westminster which in all Ages has been generally the usual place of Convening those Assemblies as being most conveniently situate near the Metropolis of the Kingdom where all Persons may be much better accommodated than elsewhere but at the City of Oxford several Noble Lords thought it their Duty humbly to Represent the Inconveniencies which in their apprehensions would attend such chargeable Removal and submissively to offer their Advice to His Majesty to alter that Resolution in the following Petition which being presented to His Majesty by that Noble Peer of approved Loyalty and Prudence the Right Honourable the Earl of Essex His Lordship
and Corporations throughout England were generally so well satisfied with the Proceedings of the Honourable House of Commons in the last Parliament That as soon as they heard of the Dissolution they Resolved to chuse the very same respective Persons again and contriv'd to make their Elections without putting the Gentlemen chosen to any Charge Thereby to crush that Pernicious Custom of over-ruling Debauchery at Choice of Members which had not only scandaliz'd the Nation but almost impoyson'd and destroyed the very Constitution of our Parliaments A Letter from the famous Town of Kingston upon Hull to Sir Michael Wharton Kt. and William Gee Esq Burgesses for that Town in the late Parliament Worthy Gentlemen WE understand you have signified to us our Magistrates your willingness to represent in the ensuing Parliament and that they have gratefully accepted of your generous Offer which if they had communicated to us our joynt compliance would have been readily manifested for we are so sensible of your integrity in the late Parliament by your indefatigable care and pains in endeavouring the security of His Majesties Sacred Person as also our Religion and Property that we cannot but rejoyce that you are pleased again to offer us that kindness which your former good Service hath engaged us to become Suitors for We do therefore return you our hearty thanks and you may be confident without your appearance or the least charge to have all our Suffrages Nemine contradicente and will as our Obligations bind us stand by your Proceedings as becomes Loyal Subjects and true Englishmen subscribing our selves Your obliged and affectionate Friends and Servants c. Which was subscribed by Matthew Johnson Esq Sheriff of the said Town and 122 more of the most Eminent Burgesses and Electors Another Letter from Lewis in Sussex on the like Occasion To their late Worthy Representatives Richard Bridger and Thomas Pellam Esquires Gentlemen WE are sensible of the great Trouble and Charge you have been at as our Representatives and of your great Care and Constancy for which we return you our hearty Thanks with our earnest Request that you would be pleased once more to favour us in the same capacity And you will thereby much Oblige Your Faithful Friends and Servants This was Subscribed by near 150 of the Inhabitants of Lewis aforesaid On the 4th of February The City of London Assembled in Common-Hall consisting of several Thousand Livery-Men having by an Unanimous Voice Elected their Old Representatives Returned them their Thanks in a Paper there Publickly Read and Approved of with a General Consent The Address of the City of London To the Honoured Sir Robert Clayton Knight Thomas Pilkington Alderman Sir Thomas Player Knight and William Love Esq late and now chosen Members of Parliament for this Honourable City of London WE the Citizens of this City in Common-Hall Assembled having Experienced the great and manifold Services of you our Representatives in the Two last Parliaments by your most faithful and unwearied Endeavours to Search into and discover the depth of the horrid and hellish Popish Plots to preserve His Majesty's Royal Person the Protestant Religion and the well established Government of this Realm to secure the Meeting and Sitting of frequent Parliaments to Assert our undoubted Rights of Petitioning and to punish such who would have Betrayed those Rights to promote the happy and long-wished for Union amongst all His Majesty's Protestant Subjects to Repeal the 35th of Elizabeth and the corporation-Corporation-Act and especially for what Progress hath been made towards the Exclusion of all Popish Successors and particularly of James Duke of York whom the Commons of England in the two last Parliaments have Declar'd and we are greatly sensible is the Principal Cause of all the Ruine and Misery impending these Kingdoms in general and this City in particular For all which and other your constant and faithful Management of our Affairs in Parliament we offer and return to you our most hearty Thanks being confidently assur'd that you will not consent to the granting any Money-Sudply until you have effectually Secur'd us against Popery and Arbitrary Power Resolving by Divine Assistance in pursuance of the same Ends to stand by you with our Lives and Fortunes And likewise there was offered another Paper directed to the Sheriffs purporting their Thanks to the several Noble Peers for their late Petition and Advice to His Majesty which was as followeth To the Worshipful Slingsby Bethel and Henry Cornish Esquires Sheriffs of the City of London and Westminster WE the Citizens of the said City in Common-Hall Assembled having read and diligently perus'd the late Petition and Advice of several Noble Peers of this Realm to His Majesty whose Counsels we humbly conceive are in this unhappy Juncture highly seasonable and greatly tending to the Safety of these Kingdoms We do therefore make it our most hearty Request that you in the Name of this Common-Hall will return to the Right Honourable the Earl of Essex and by him to the rest of those Noble Peers the Grateful Acknowledgment of this Assembly Which being Read and Approved of by a General Acclamation the Sheriffs promised to give their Lordships the Thanks of the Common-Hall in pursuance of their Request The Address of the City of Westminster Febr. 10. 1680 1. To the Honoured Sir William Poultney and Sir William Waller Knights Unanimously Elected Members of the ensuing Parliament for the Ancient City of Westminster WE the Inhabitants of this City and the Liberties thereof Assembled retaining a most grateful and indelible Sence of your prudent Zeal in the late Parliament in searching into the depth of the horrid and hellish Plots of the Papists against His Majesty's Royal Person the Protestant Religion and the Government of the Realm and in endeavouring to bring the Authors of Wicked Counsels to condign punishment And remembring also your faithful discharge of that great Trust reposed in you in vindicating our undoubted Right of Petitioning His Majesty That Parliaments may Sit for the Redress of our Grievances which Hereditary Priviledge some Bad Men would have wrested out of our Hands upon whom you have set such a just Brand of Ignominy as may deter them from the like Attempts for the time to come And further reflecting upon your vigorous Endeavours to secure to us and our Posterity the Profession of the True Religion by those Just Legal and Necessary Expedients which the great Wisdom of the Two last Parliaments fixed upon and adhered to Do find our selves obliged to make our open Acknowledgement of and to return our hearty Thanks for your eminent Integrity and Faithfulness your indefatigable Labour and Pains in the Premises not once questioning but you will maintain the same good Spirit and Zeal to secure His Majesty's Royal Person and to preserve to us the Protestant Religion wherein all good Subjects have an Interest against the secret and subtil Contrivances and open Assaults of the Common Enemy as also our Civil Rights and Properties
it hath been to cut the Tacklings and to steer contrary to the Pilot's Directions he thinks such safer by far shut up under Hatches then set at Liberty or employ'd to do mischief As for his supposition of 30000 men to be sent out of Ireland into Handers I cannot tell what to make on 't Let them crack the Shell that hope to find the Kernel in it For my part I despair though the readiness of the English Souldiers of Ireland who at twenty four hours warning came into England to serve His Majesty in the time of Monmouth's Rebellion ought to have been remembered to their advantage and might serve to any unprejudic'd person as a Pattern of the Loyalty and good Inclinations of all the Protestants in that Kingdom if his Majesty had had occasion for them VVhether the Parliament will Repeal the Test for those several weighty Reasons our Author says are fitter for contemplation than Discourse tho methinks it would be pleasant to see a House of Common sit like the Brethren at a silent Meeting is not my Province to determine As likewise VVhether they will so much consider that Grand Reason the King will have it so for his Conscience and theirs may differ or what the diffenters will do I cannot tell One thing I am sure of there will be no such Stumbling-block in the way of the King's desires when they meet as the present condition of Ireland they will be apt when His Majesty tells them they shall have their equal shares in Employments when they have Repealed the Laws to say Look at Ireland see what is done there where the Spirit of Religion appears bare fac'd and accordingly compute what may become of us when we have removed our own legal Fences since they now leap over those Hedges what may we expect when they are quite taken away Poyning's Law is a great grievance to our Author and here in one word he discovers that 't is the dependance this Kingdom has on England he quarrels at 'T is fit the Reader should understand that Law enacted when Poynings was Lord Deputy makes all the English Acts of Parliament of force in Ireland we are therefore so fond of that Law and cover so much to preserve our dependance on England that all the Arguments our Author can bring shall not induce us to part with it I will not reflect in the least on the Courage of the Irish I know there are several brave men among them but they have had the misfortune to fall under the Consideration of as our Author softens it but the plain sence is been beaten by a warlike Nation And I question not unless they behave themselves modestly in their Prosperity they will again fall under the Consideration of the same Nation 't is better we should live in peace and quietness but the Choice is in their hands and if they had rather come under our consideration again than avoid it let them look to the Consequence Another advantage which may accrue to Ireland by a Native as a Governour our Author reckons to be His personal knowledge of the Tories and their Harbourers and his being thereby better capacitated to suppress them Malicious People would be apt to infer from this Suggestion that his Excellency had occasion formerly to be familiarly acquainted with such sort of Cattle I have heard indeed that one of our bravest English Princes Henry the during the Extravagancies of his youth kept Company with publick Robbers and often shar'd both in the Danger and Booty But as soon as the Death of his Father made way for his Succession to the Crown he made use of his former acquaintance of their Persons and Haunts to the extirpating and dissolving the greatest knot of Highway-men that ever troubled England My Lord therefore in imitation of this great Prince no doubt will make use of his Experience that way to the same end And I readily assent to the Author that no English Governour can be so fit to clear that Kingdom of Tories and that for the same reason he gives us There are two other Advantages remaining one is his Excellency's having already made different Parties in that Kingdom the Objects of his Love and Hatred let the Offences of the one or the Merits of the other be never so conspicuous Whether the Brittish can draw any comfort from his Excellency's knowledge of them this way is fit to be debated The other is the probality of his getting the Statute for benefit of Clergy in favour of Cow-Stealers and House Robbers Repealed and where by the way there is a severe Rebuke given to our English Priests for their ill-placed Mercy to Irish Offenders A fault I hope they will be no more guilty of Whether these Advantages be so considerable as to move his Majesty to continue a Man for other more weighty Reasons absolutely destructive to this Kingdom or whether some of them might not be performed by an English Governour His Majesty is the only Judge Only this I am sure of The King if he were under any Obligations to His Minister has fully discharged them all and has shewed himself to be the best of Masters in giving so great and honourable an Employment to his Creature and continuing him in it so long notwithstanding the decrease of his own Revenue and the other visible bad effects of his Management the Impoverishment of that Kingdom amounting to at least two Millions of Mony And His Majesty may be now at liberty without the least imputation of Breach of promise to his Servant to restore us to our former flourishing condition by sending some English Nobleman among us whose contrary Methods will no doubt produce different effects To conclude methinks the comparison between His Majesty and Philip of Macedon when he was drunk is a little too familiar not to say unmannerly and that between Antipater and my Lord Tyrconnel is as great a Complement to the latter But provided my Lord be commended which was our Author's chief design he cares not tho' the comparison does not hold good in all points 't is enough that we know we are Govern'd by such a Prince that neither practises such Debauches himself nor allows of them in his Servants But we are not beholding to the Author for the knowledge of this should a Foreigner read his Pamphler or get it interpreted to him he would be apt and with reason to conclude that His Majesty as much resembled Philip in a Debauch as my Lord Tyrconnel doth sober Antipater I have now done with all that seems of any weight in our Author's Pamphlet and can see nething in his Postscript that deserves an Answer All that I will say is That his Recipes bear no proportion to our desperate Disease and he will prove not to be a Physitian but a pretending Quack who by ill applied Medicines will leave us in a worse Condition than he found us I shall conclude with telling you That your Letter which enclosed
Power in Ecclesiastical Matters truly stated HIS present Majesty having erected an High-Commission Court to enquire of and make redress in Ecclesiastical Matters c. Q. Whether such a Commission as the Law now stands be good or not And I hold that the Commission is not good And to maintain my Opinion herein I shall in the first place briefly consider what Power the Crown of England had in Ecclesiastical or Spiritual Matters for I take them to be synonymous Terms before 17 Car. 1. ca. 11. And Secondly I shall particularly consider the Act of 17 Car. 1. ca. 11. And Thirdly I shall consider 13 Car. 2. ca. 12. And by that time I have fully considered these three Acts of Parliament it will plainly appear that the Crown of England hath now no Power to erect such a Court. I must confess and do agree That by the Common Law all Ecclesiastical Jurisdiction was lodged in the Crown and the Bishops and all Spiritual Persons derived their Jurisdiction from thence And I cannot find that there were any Attempts by the Clergy to divest the Crown of it till William the First 's Time and his Successors down to King John the Pope obtained four Points of Jurisdiction First Sending of Legates into England Secondly Drawing of Appeals to the Court of Rome Thirdly Donation of Bishopricks and other Ecclesiastical Benefices And Fourthly Exemption of Clerks from the Secular Power Which four Points were gained within the space of an hundred and odd Years but with all the Opposition imaginable of the Kings and their People and the Kingdom never came to be absolutely inslaved to the Church of Rome till King John's Time and then both King and People were and so continued to be in a great measure in Henry the Third's Time and so would in all likelihood have continued had not wise Edward the First opposed the Pope's Usurpation and made the Statute of Mortmain But that which chiefly brake the Neck of this was That after the Pope and Clergy had endeavoured in Edward the Second's Time and in the beginning of Edward the Third to usurp again Edward the Third did resist the Usurpation and made the Statutes of Provisors 25 Ed. 3. and 27 Ed. 3. And Richard the Second backed those Acts with 16 Rich. 2. ca. 5. and kept the Power in the Crown by them Laws which being interrupted by Queen Mary a bloody Bigot of the Church of Rome during her Reign there was an Act made in 1 Eliz-ca 1. which is Intituled Keeble's Stat. An Act to restore to the Crown the ancient Jurisdiction over the Estate Ecclesiastical and Spiritual and abolishing all foreign Powers repugnant to the same From which Title I collect three things First That the Crown had anciently a Jurisdiction over the Estate Ecclesiastical and Spiritual Secondly That that Jurisdiction had for some time been at least suspended and the Crown had not exercised it Thirdly That this Law did not introduce a new Jurisdiction but restored the old but with restoring the old Jurisdiction to the Crown gave a Power of delegating the Exercise of it And as a Consequence from the whole that all Jurisdiction that is lodged in the Crown is subject nevertheless to the Legislative Power in the Kingdom I shall now consider what Power this Act of 1 Eliz. 1. declares to have been anciently in the Crown and that appears from Sect. 16 17 18. of the same Act. Section 16. Abolisheth all Foreign Authority in Cases Spiritual and Temporal in these VVords And to the intent that all the Vsurped and Foreign Power and Authority Spiritual and Temporal may for ever be clearly extinguished and never to be used or obeyed within this Realm or any other Your Majesties Dominions or Countries 2 May it please Your Highness that it may be further Enacted by the Authority aforesaid that no Foreign Prince Person Prelate State or Potentate Spiritual or Temporal shall at any time after the last Day of this Session of F●●liament use enjoy or exercise any manner of Power Jurisdiction Superiority Authority Preheminence or Priviledge Spiritual or Ecclesiastical within this Realm or within any other Your Majesties Dominions or Countries that now be or hereafter shall be but from thenceforth the same shall be clearly Abolished out of this Realm and all other Your Highness's Dominions for ever any Statute Ordinance Custom Constitutions or any other Matter or Cause whatsoever to the contrary in any wise notwithstanding And after the said Act hath abolished all Foreign Authority in the very next Section Sect. 17. It annexeth all Ecclesiastical Jurisdiction to the Crown in these VVords And that also it may likewise please your Heghness That it may be Established and Enacted by the Authority aforesaid That such Jurisdictions Priviledges Superiorities and Preheminencies Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical Power or Authority hath heretofore been or may lawfully be exercised or used for the Visitation of the Ecclesiastical State and Persons and for Reformation Order and Correction of the same and of all manner of Errors Heresies Schisms Abuses Offences Contempts and Enormities shall for ever by Authority of this present Parliament be Vnited and Annexed to the Imperial Crown of this Realm From these VVords That such Jurisdiction c. as by any Spiritual or Ecclesiastical Power or Authority had then-to-fore been exercised or used were annexed to the Crown I observe That the Four things aforesaid wherein the Pope had incroached were all restored to the Crown and likewise all other Ecclesiastical Jurisdiction that had been exercised or used in this Kingdom and did thereby become absolutely vested in the Crown Then Section 18. Gives a Power to the Crown to assign Commissioners to excrcise this Ecclesiastical Jurisdiction in these VVords And that Your Highness Your Heirs and Successors Kings or Queens of this Realm shall have full Power and Authority by Virtue of this Act by Letters Patents under the Great Seal of England to Assign Name and Authorize when and as often as Your Highness Your Heirs or Successors shall think meet and convenient and for such and so long time as shall pleass Your Highness your Heirs or Successors such Person or Persons being natural born Subjects to Your Highness Your Heirs or Successors as Your Majesty Your Heirs or Successors shall think meet to Exercise Vse Occupy and Execute under Your Highness Your Heirs and Succ●ssors all manner of Jurisdictions Priviledges and Preheminencies in any wise touching or concerning any Spiritual or Ecclesiastical Jurisdiction within these Your Realms of England and Ireland or any other Your Highness's Dominions and Countries 2. and to visit Reform Redress Order Correct and Amend all such Errors Heresies Schisms Abuses Offences Contempts and Enormities whatsoever which by any manner of Spiritual or Ecclesiastical Power Authority or Jurisdiction can or may lawfully be Reformed Ordered Redressed Corrected Restrained and Amended to the pleasure of Almighty God the Increase of Vertue and the Conservation
enacted for our security which to every ones knowledge are so palpably false that we have all the ground that may be both to question and suspect his sincerity and to conclude that his Masters do not purpose to confine themselves within the bounds that he is pleased to chalk out for them and which he undertakes they shall be contented with for their allotment For what can be remoter from Truth than that the Test Laws were designed as a preamble to the Bill of Exclusion as he phrases it Letter first and that they were contrived to exclude the Duke of York from the Crown as he expresseth it p. 15. of his Good Advice c. when it is most certain that as the Test in 73. was made long before there were or could be any thoughts of it and was enacted by a Parliament against whose Loyalty there can be no exception so there was a clause in the last Test Act by which it was provided that he should not be obliged to take it Again what can be more repugnant to experience than that the King onely desires ease for those of his Religion Good Adv. p. 44. and that the Papists desire no more than a Toleration and are willing upon those Terms to make a perpetual peace with the Church of England Good Advice p. 17. For do we not daily see Protestants turned out of all Places of Trust Authority and Command and Papists advanced into all Offices Military and Civil Could the King have been contented with a Non-execution of the Laws against those of his Communion and could they have been satisfied with such an Indulgence and have modestly improved it 'T is not improbable but that such a behaviour would have so far prevailed upon the ingenuity and good nature of the generality of Protestants that without needing to have been importuned they would have repealed all the Penal Laws against Roman Catholicks But the methods which have been pursued by his Majesty and them shews both that they aim at no less than the Domination and that we must be very willing to be deceived if we either credit Mr. Pen or suffer our selves to be influenced by him after his obtruding upon us for truths matters which our very senses inable us to refute It may justly make us question his sincerity and beget a suspition in all thinking people of the sinistrous design these Papers are adapted unto when we find him endeavouring to cajole the Nation to an abrogation of the Laws by which our Religion and Safety are secured by telling us That the King's word is enough for us to rely upon if they were gone Good Advice p. 49. and that he could easily pack a Parliament for Repealing them if he did not seek a more lasting and more agreeable security to his Friends Letter third p. 12. and that if they were abolished 't is below the Glory of our King to use ways so unlike the rest of his open and generous principles as to endeavour to get a Parliament afterwards returned that is not duly chosen Letter second p. 15. and that he is a Prince of that Honour Conscience and generoas nature as not by invading the Rights of the Church of England to become guilty of an injustice and irreligion he hath so often so solemnly and earnestly spoken against Letter second p. 11. He must needs take us to be strangely unacquainted with the whole Tenor of the King's Actings in England as well as in Scotland and Ireland and to be persons of very weak understandings and of an easie belief if he think we are to be imposed upon and decoy'd by such Topicks as these to absolish the Tests or that after what we have seen and felt contradictory to those Panegyricks and inconsistent with those beautiful and lofty Characters fastned upon his Majesty we should believe Mr. Pen to mean nothing but well and honestly towards the Protestant Interest in what he so earnestly solliciteth the Church of England and the Dissenters in the forementioned Papers to concurr and consent unto I do acknowledge that what he hath said about Liberty due to men in matters of meer Religion and by way of rebuke unto and reflection upon the Wisdom and Justice of those that either are or have been for persecution is very strong and convincing but I must withall add that it is all at this time very needless and impertinent For the Church of England is so sensible of the Iniquity as well as folly of that Method that there is no ground to suspect She will ever be guilty of it for the future They whom no Arguments could heretofore convert the Court whose Tools they were in that mischievous and Unchristian work and by whom they were instigated to all the severities which they are now blamed for by objecting it to them as their Reproach and Disgrace and by seeking to improve the resentments of those who had suffered by Penal Laws to become an united party with the Papists for their subversion hath brought them at once to be asham'd of what they did and to Resolutions of promoting all Christian Liberty for the time to come And should there be any peevish and ill-natur'd Ecclesiasticks who upon a turn of Affairs would be ready to reassume their former principles and pursue their wonted course we may be secure against all fear of their being successful in it not only by finding the Majority as well as the more learned both of the dignified and inferior Clergy unchangeably fixed and determined against it but by having the whole Nobility and Gentry and those Noble Princes whose right it will be next to ascend the Throne fully possessed with all the generous and Christian purposes we can desire of making provision for Liberty of Conscience by a Law Nor can I forbear to subjoyn how surprizing it ought to be to all Protestants that while Mr. Pen expresseth so much charity for the Papists he entertaineth so little for the Church of England He would perswade us that if the Penal and Test Laws were abrogated the Papists would be so far afterward from seeking to shake the Constitution of the Church of England or from breaking in upon the Liberty that is now vouchsafed unto Dissenters or from endeavouring to make their Religion National that they would not onely be contented with a bare Toleration but that upon their enjoyment of ease by Law they would turn good Countrymen and come in to the Interest of the Kingdom Letter first Whereas at the same time he would have us believe that all the Protestations of those in the Communion of the Church of England for exercising Moderation in time to come are but the Language of their fear that their promises are not to be trusted Good Advice p. 54. and that the Dissenters deserve to be begged for Fools should they be satisfied with any less assurance than the abolition of the Penal and Test Laws ibid. p. 55. 'T is enough not onely to excite
Community 4. It will be some Acknowledgment to the Prince for what he has done for the Nation And it is worthy Observation that before the Theocracy of the Jews ceased the manner of the Divine Designation of their Judges was by God's giving the People some Deliverance by the hand of the Person to whose Government they ought to submit and this even in that time of extraordinary Revelations Thus Othniel Gideon Jephthah Sampson and others were invested by Heaven with the Supreme Authority And though Joshua had an immediate Command from God to succeed Moses and an Anointing to that purpose by the laying on of Moses's Hands Yet the Foundation of the People's Submission to him was laid in Jordan And I challenge the best Historians to give an Instance since that Theocracy ceased of a Designation of any Person to any Government more visibly Divine than that which we now admire If the Hand of Providence miraculously and timely disposing Natural Things in every Circumstance to the best advantage should have any influence upon Mens Minds most certainly we ought not here to be insensible If the Voice of the People be the Voice of God it never spoke louder If a Nation of various Opinions Interests and Factions from a turbulent and fluctuating State falls into a serene and quiet Calm and Mens Minds are strangely united on a sudden it shews from whence they are influenced In a word if the Hand of God is to be seen in Human Affairs and his Voice to be heard upon Earth we cannot any where since the ceasing of Miracles find a clearer and more remarkable Instance than is to be observ'd in the present Revolution If one examines the Posture of Foreign Affairs making way for the Prince's Expedition by some sudden Events and Occurrences which no Human Wisdom or Power could have brought about if one observes that Divine Influence which has directed all his Counsels and crown'd his Undertakings notwithstanding such innumerable Dangers and Difficulties with constant Honour and Success If one considers how happily and wonderfully both Persons and Things are changed in a little time and without Blood it looks like so many marks of God's Favour by which he thinks fit to point him out to us in this extraordinary Conjuncture I will trouble you but with one Consideration more which is That the two things most necessary in this Affair are Unanimity and Dispatch For without both these your Counsels will have little Effect In most things 't is good to be long in resolving but in some 't is fatal not to conclude immediately And presence of Mind is as great a Vertue as Rashness is a Vice For the turns of Fortune are sometimes so quick that if Advantage be not taken in the critical hour 't is for ever lost But I hope your Lordships and all those Gentlemen who compose this August Assembly will proceed with so much Zeal and Harmony that the Result of your present Consultations may be a lasting and grateful Monument to Posterity of your Integrity Courage and Conduct The Late Honourable Convention proved a Legal Parliament I. THE necessity of a Parliament agreed by the Lords and Commons Voting that the Throne is Vacant for there being a Vacancy there follows an immediate necessity of setling the Government especially the Writs being destroyed and the Great Seal carried away put a period to all publick Justice and then there must be a supply by such means as the necessity requires or a failure of Government II. Consider the Antecedents to the calling the Convention that is about three hundred of the Commons which is a majority of the fullest House that can be made above sixty Lords being a greater number than any part divided amounted to at this great Meeting the Lord Mayor Aldermen and Common Council of the City of London by application to His then Highness the Prince of Orange desired him to accept of the Administration of Publick Affairs Military and Civil which he was pleased to do to the great satisfaction of all good People and after that His Highness was desired to Issue forth his Circular Letters to the Lords and the like to the Coroners and in their absence to the Clerks of the Peace to Elect Knights Citizens and Burgesses this was more than was done in fifty nine for the calling a Parliament in April 1660. for there the Summons was not real but fictitious i. e. in the names of the Keepers of the Liberties of England a meer Notion set up as a Form there being no such Persons but a meer Ens rationis impossible really to exist so that here was much more done than in 1659 and all really done which was possible to be invented as the Affairs then stood Besides King Charles the 2d. had not abdicated the Kingdom but was willing to return and was at Breda whither they might have sent for Writs and in the mean time have kept their form of Keepers of the Liberties c. But in the present case there was no King in being nor any style or form of Government neither real or notional left so that in all these respects more was done before and at the calling of this Great Convention than for calling that Parliament for so I must call it yet that Parliament made several Acts in all thirty seven as appears by Keebles Statutes and several of them not confirmed I shall instance but in one but it is one which there was occasion to use in every County of England I mean the Act for Confirming and Restoring Ministers being the 17th of that Sessions all the Judges allowed of this as an Act of Parliament tho never confirmed which is a stronger case than that in question for there was only fictitious Summons here a real one III. That without the Consent of any Body of the People this at the Request of a Majority of the Lords more than half the number of the Commons duly chosen in King Ch. the 2d. time besides the great Body of the City of London being at least esteem'd a 5th part of the Kingdom yet after the King's Return he was so well satisfied with the calling of that Parliament that it was Enacted by the King Lords and Commons Assembled in Parliament that the Lords and Commons then Sitting at Westmiuster in the present Parliament were the two Houses of Parliament notwithstanding any want of the Kings Writs or Writ of Summons or any defect whatsoever and as if the King had been present at the beginning of the Parliament this I take to be a full Judgment in full Parliament of the case in question and much stronger than the present case is and this Parliament continued till the 29th of December next following and made in all thirty seven Acts as abovementioned The 13 Caroli 2. chap. 7. a full Parliament called by the Kings Writ recites the other of 12 Caroli 2. and that after his Majesties return they were continued till the 29th of December
the Ability of the person found Guilty have not been the Measures that have determined the quantity of many of these Fines which being so very numerous the Committee refer themselves to those Records as to the general instancing in some particulars as followeth Upon Joseph Brown of London Gent. on an Information for publishing a printed Book called The Long Parliament Dissolved in which is set forth these words Trinit 29 Car. 2. Nor let any man think it strange that we account it Treason for you to sit and Act contrary to our Laws for if in the first Parliament of Richard the second Grimes and Weston for lack of Courage only were adjudged guilty of High Treason for surrendring the places committed to their trust how much more you if you turn Renegadoes to the people that intrusted you and as much as in you lie surrender not a little pitiful Castle or two but all the legal defence the people of England have for their Lives Liberties and Properties at once Neither let the vain presuasion delude you That no persident can be found that one English Parliament hath hang'd up another tho paradventure even that may be proved a mistake for an unpresidented Crime calls for an unpresidented punishment and if you shall be so wicked to do the one or rather endeavour to do for now you are no longer a Parliament what ground of Confidence you can have that none will be found so worthy to do the other we cannot understand and do faithfully promise if your unworthiness provoke us to it that we will use our honest and utmost endeavours whenever a new Parliament shall be called to chuse such as may convince you of your mistake the old and infallible Observation That Parliaments are the pulse of the people shall lose its esteem or you will find that this your presumption was over fond however it argues but a bad mind to sin because it 's believed it shall not be punished The Judgment was That he be fin'd 1000 Marks be bound to the good behaviour for seven years and his name struck out of the Roll of the Attorneys without any offence alledged in his said Vocation And the publishing this Libel consisted only in superscribing a Pacquet with this inclosed to the East Indies Which Fine he not being able to pay living only upon his practice he lay in prison for three years till His Majesty gratiously pardon'd him and recommended him to be restored to his place again of Attorney by His Warrant dated the 15. of Decem. 1679. Notwithstanding which he has not yet obtained the said Restauration from the Court of Kings Bench. Upon John Harrington of London Gent. for speaking these words in Latin thus Hill 29 30. Car. 2. Quod nostra Gubernatio de tribus statibus consistibat si Rebellio eveniret in regno non accideret contra omnes tres status non est Rebellio A Fine of 1000 l. Sureties for the Good behaviour for seven years and to recant the words in open Court which Fine he was in no capacity of ever paying Upon Benjamin Harris of London Stationer Hill 31 32. Car. 2. on an Information for printing a Book call'd An Appeal from the Countrey to the City setting forth these words We in the Countrey have done our parts in chusing for the generality good Members to serve in Parliament but if as our two last Parliaments were they must be dissolved or prorogued whenever they come to redress the grievances of the Subject we may be pitied not blam'd if the Plot takes effect and in all probability it will Our Parliaments are not then to be condemn'd for that their not being suffer'd to sit occasion'd it Judgment to pay 500 l. Fine stand on the Pillory an hour and give Sureties for the good behaviour for three years And the said Benj. Harris inform'd this Committee That the Lord Chief Justice Scroggs prest the Court then to add to this Judgment his being publickly whipt but Mr. Justice Pemberton holding up his hands in admiration at their severity therein Mr. Justice Jones pronounc'd the Judgment aforesaid and he remains yet in prison unable to pay the said Fine Notwithstanding which Severity in the cases forementioned this Committee has observed the said Court has not wanted in other cases an extraordinary Compassion and Mercy though there appear'd no publick reason judicially in the Trial as in particular Upon Thomas Knox Principal Hill 31. 32. Car. 2. on an Indictment of Subornation and Conspiracy against the Testimony and life of Dr. Oats for Sodomy and also against the Testimony of William Bedloe a Fine of 200 Marks a years Imprisonment and to find Sureties for the good behaviour for three years Upon John Lane for the same offence a Fine of 100 Marks Exd. Ter. to stand in the Pillory for an hour and to be imprison'd for one year Upon John Tasborough Gent. Par. 32. Car. 2. on an Indictment for Subornation of Stephen Dugdale tending to overthrow the whole Discovery of the Plot The said Tasborough being affirmed to be a Person of good Quality a Fine of 100 l. Upon Ann Price for the same offence 200 l. Eod. Ter. Trin. 32. C. 2. Upon Nathaniel Thompson and William Badcock on an Information for Printing and Publishing weekly a Libel call'd The true Domestick Intelligence or News both from City and Country and known to be Popishly affected a Fine of 3 6 8 on each of them Upon Matthew Turner Stationer on an Information for vending and publishing a Book Eod. Ter. call'd the Compendium wherein the Justice of the Nation in the late Tryals of the Popish Conspirators even by some of these Judges themselves is highly Arraign'd and all the Witnesses for the King horribly asperst and this being the common notorious Popish Book-seller of the Town Judgment to pay a Fine of 100 Marks and is said to be out of Prison already Upon Loveland Trin. 32. C. 2. on an Indictment for a Notorious Conspiracy and Subornation against the Life and Honour of the Duke of Buckingham for Sodomy a Fine of 5 l. and to stand an hour in the Pillory Upon Edward Christian Mich. 32. C. 2. Esq for the same offence a Fine of 100 Marks and to stand an hour in the Pillory And upon Arthur Obrian for the same offence a Fine of 20 Marks and to stand an hour in the Pillory Upon Consideration whereof this Committee came to this Resolution Resolv'd That it is the Opinion of this Committee That the Court of King's Bench in the Imposition of Fines on Offenders of late years hath acted Arbitrarily Illegally and Partially favouring Papists and persons Popishly affected and excessively oppressing His Majesty's Protestant Subjects And this Committee being inform'd That several of His Majesty's Subjects had been committed for Crimes Bailable by Law although they then-tendred sufficient Sureties which were refus'd only to put them to vexation and
His Majesty's Royal Person the good Government of the Nation by Law and in securing our Rights and Liberties for your real Endeavours herein we joyntly return our hearty Thanks and have now chosen you again to be our Representatives in this Parliament And though we have not the least Suspicion or Doubt of your Wisdom and Integrity in Acting for our Common Good now as we apprehend in great danger yet we judge it expedient to discover our Minds and hearty Desires in the Particulars following viz. I. That you 'll continue vigorously to prosecute the horrid Popish Plotters and endeavour thay may be brought to condign punishment especially all Sham-Plotters which we esteem the worst of Villains II. That you will insist on a Bill for excluding all Popish Successors to the Crown which we believe an effectual Means under God for preserving the Protestant Religion His Majesty's Life and Tranquillity with the well established Government of the Kingdom and securing it to our Posterity III. That you endeavour passing a Bill for Regulating Elections and the Frequency of Parliaments for dispatch of those weighty Affairs of the Nation that shall from time to time be before them which we judge the best prevention of an Arbitrary Power IV. That you perservere in Asserting our Right of Legal Petitioning for removing our just Grievances and pass a Bill if there be no Law to punish such that shall obstruct it V. That you will use your utmost Endeavours to bring in a Bill against Pluralities of Church-Livings Non-residency and Scandalous Ministers of which there are too many in most Counties VI. That you will endeavour to preserve His Majesty's Person to root out Popery and prevent Arbitrary Government and use your utmost Endeavours to unite His Majesty's Protestant Subjects VII Lastly That you will not consent to any Money-Bill till the foresaid Particulars be effected and in so doing we hereby promise to stand by you with our Lives and Fortunes The Address of the Free-holders of the County of Leicester To the Right Honourable Benet Lord Sherrard and Sir John Hartopp Baronet as it was audibly read in Court by the Sheriff and unanimously approved of by the said Free-holders immediately after their Election 24 Febr. 1680 1. WE the Free-holders of the County of Leicester having chosen you to be our Representatives in the Two last Parliaments being highly sensible of the care you have taken to secure his Majesty's Royal person the Protestant Religion our Liberties and Properties as also your Endeavours further to discover and prosecute the horrid Popish Plot spread over the Realm of England and others of His Majesty's Dominions with your zealous promoting an happy Union of all good Protestants in this Land not only by good and wholesome Laws for that End but by Repealing those which were destructive to it and especially for your persisting in the Exclusion of James Duke of York and all other Popish Successors from inheriting the Imperial Crown of England which we esteem the only Security under God of His Majesty's Person and Dominions Likewise your Vindicating our fundamentally Right of Petitioning His Majesty for frequent Sitting of Parliaments by your particular Marks of Displeasure laid upon the Opposers of it For all which and other good Laws you were about to make we give you most hearty Thanks And having now again Unanimously chosen you for the ensuing Parliament if you shall continue the prosecution of the aforementioned absolutely necessary Things we shall stand by you with our Lives and Fortunes The Address of the Gentry and Free-holders of the County of York publickly read in Court and fully consented to by the whole Assembly by a general Acclamation at their Election March 2. To the Right Honourable Charles Lord Clifford and Henry Lord Fairfax May it please your Lordships THe Assurance we had of your Fidelity and Activity for the Service of our King and Country in the Parliament which began at Westminster the 6th of March 1678. Was the only Reason of our Choice of you to Represent us in the last Parliament and our experience of your Faithfulness and Diligence in the same Service the last Parliament is the only Ground of our uncontradicted Choice of you again this Day into the same Trust for the ensuing Parliament appointed to meet at Oxford the 21th instant And we judge it our Duty as good Protestants Loyal Subjects and True Englishmen not only to express our hearty Concurrence with you in but also to return you our real and publick Thanks for the many good Things you did and were about to do in both the last Parliaments and more especially for your seasonable Addresses to His Majesty your Necessary Votes Resolutions Orders and Bills whereby you have endeavoured 1. To preserve the Protestant Religion His Majesty's Person and the Kingdoms of England and Ireland from the many Dangers which threaten them 2. To Exclude a Popish Successor 3. To Unite all His Majesty's Protestant-Subjects 4. To purge out the Corruptions which abound in Elections of Members to serve in Parliament And 5. To secure us for the future against Popery and Arbitrary Power And we intreat you to proceed in a Parliamentary way to the Accomplishment of these Excellent Things and we assure you that these things being done we shall with great chearfullness be willing to supply His Majesty to the utmost of our Ability with Money for the securing of His Interest and Honour both at home and abroad A Letter agreed upon by the Mayor and Inhabitants of the Borough of Bridgwater to be sent to their Burgesses chosen on the 26th of February Sir Halswel Tynt and Sir John Malet WE greet you both with our most humble and hearty Service and by these inform you that on Saturday the 26th past with all becoming Calmness and Fairness we Elected you to be our Burgesses and Representatives in the ensuing Parliament We do also Unanimously approve of that great Care and indefatigable Industry which the last Parliament took in and toward the securing of the Protestant Religion than which nothing is more dear to us His Majesty's Sacred Person and Government together with the Vindication and Preservation of our Native Rights Liberties and Priviledges For their utmost Endeavour to bring the Betrayers of the same together with all the principal Conspirators in that most damnable and hellish Popish Plot to condign punishment not omitting our grateful Acknowledgments of those many Good Bills which they had prepared And moreover for all those worthy Votes Resolutions and orders made and past in that most Loyal and never-to-be-forgotten Parliament whereof one of you in the last and both of you in former Parliaments to our great comfort and encouragment approved your selves faithful Members We do also humbly and heartily Desire and Petition you to follow their good Precedent and Example in this ensuing Parliament to do your utmost to secure the King's Person with the Protestant Religion which we apprehend with deep sense
our Jealousie but to stir up severer passions to be told at a season when we know what the Catholicks are doing in France and in most other places where they have any power that the Papists through having burnt their fingers with persecution may be grown so wise as to do so no more and yet to have it asserted in the same Page that they who can be prevailed upon to believe that the Church of England is sorry for what She hath done and that she will not be guilty of such a thing again have little reason to quarrel at the unaccount ableness of Transubstantiation Good Advice p. 8. Nor is it becoming one who stiles himself a Protestant no more than it is consistent with Truth to extenuate our being scandal'd at the severity upon Protestants in France by affirming that he can parallel some of the severest passages in that Kingdom out of the Actions of some Members of the Church of England in cool Blood ibid. p. 7. And though I have all the kindness imaginable for Mr. Pen's Person and am loath to think otherways of him as to his Religious Principles than as his avowed profession discovers him yet these and diverse passages more of that kind together with the accession he must necessarily have had to the apprehension and imprisonment of Mr. Gray c. for abandoning the Benedictine Order are things I can neither reconcile to the title he assumes nor to his many Discourses for Repealing the Test Laws And to speak freely considering the Nature of our Laws against Papists and that it was their manifold Treasons and onely our care to preserve our selves that both gave the first rise unto them and has necessitated their continuance I know neither how to construe that Assertion of Mr. Pen's Good Advice p. 13. that the Principle which the Church of England acts by justifies the King of France and the Inquisition nor that other Letter first of there having been eight times more Laws made for ruining men for their Conscience since the Church of England came to be the National Establishment than were all the time that Popery was in the Chair Nor can this be designed to any other end but the giving the Church of Rome the commendation of Mercy and Moderation above a Protestant Church For as 't is certain that the one Law of Burning and Extirpating Hereticks was a thousand fold worse and hath produced infinitely more Sanguinary effects than all the Laws and Rigours that the Church of England can be charged with so there is nothing can be falser than that either her Principle or Practice do parallel or justifie the barbarous and brutal severities of the French King and the Inquisition Moreover were all Protestants agreed that Liberty in meer matters of Religion should be immediately granted in a Legal way yet I do not see how the Papists should pretend to any benefit by it or be able to lay a just claim to a share in it So that the foundation which Mr. Pen goes upon of mens having a Right to be indulged in matters of Religion is too narrow to support the structure he raiseth upon it For though there may be some things retained in Popery which may be called matters of Religion yet in the bulk and complex of it it is a Conjuration against all Religion and a Conspiracy against the Peace of Societies and the Rights of Mankind 'T is one of the Crimes as well as the Miseries of this Age that out of a dread of some and in complacence to others we have avoided representing Popery in its native colours and calling it by the Names properly due unto it But I have always thought that 't is better fail in our Courtship to Men than in our duty to God and fidelity to the Interest of Jesus Christ and the safety of Mankind Nor do I doubt but that they will be better approved in the Great day of Account who Character Persons Doctrines and Practices as the Scripture doth than they who that they may accommodate themselves unto and be acceptable with the world speak of them in a softer stile Now if either Blasphemies against God or Tyrannies over Men if either the defacing the Ideas of a Deity or corrupting the Principles of Vertue and Moral Honesty if either the subverting the foundations of natural Religion or the overthrowing the most essential Articles of the Christian Faith if either the most avowed and bold affronts offered to heaven or the bloodiest and most brutal outrages executed against the best of men if all these be sufficient to preclude a party from the benefit of Liberty due to people in Religious Matters I am sure none have reason to challenge it in behalf of the Papists nor cause to complain if it be denied them Can there be any thing more unreasonable than that they should claim a Toleration in a Protestant State whose Principles not only allow but oblige them to destroy us as soon as their power inables them to do it Is not the Doctrine of the Pope's Supremacy and his having a Right to Depose Kings and absolve Subjects from their Allegiance together with that of breaking Faith to Hereticks and the extirpating all those who cannot believe as the Church of Rome doth mighty inducements to those whom they have baptized with that Name and to whom they long to exercise that courtesie for the Repealing of the Penal and Test Laws against Papists Nor are these Principles falsely charged upon them but they are the Oracular Decisions of their General Councils and Popes whom they stile Infallible So that Mr. Pen's Book and Letters which seem to have been written not so much in favour of Dissenting Protestants as of Roman Catholicks can little advantage the latter even allowing the Principle which he goes upon and admitting all he hath said for Mens Right to Liberty in meer matters of Religion to be unanswerable And his telling us Good Adv. p. 42. that Violence and Tyranny are not natural consequences of Popery does onely discover his kindness to Rome and the little Friendship and care he hath for the Protestant Interest For we know both the Principles of their Religion too well and have at all times experienced and do at this day feel the effects of them too sensibly to be deluded by this kind of Sophistry and imposed upon by so palpable a Falsehood to abandon the means of our safety Wheresoever any Popish Rulers Act with Gentleness and Moderation towards those whom their Church hath declared Hereticks 't is either because there are Political Reasons for it as might be easily shewed in reference to all those States and Governments which he mentions or because there are some Princes of the Roman Communion in whom the Dictates of Humane Nature are more prevalent than those of their Religion But should the gentle Temper of the English Nation sway them beyond the strict obligations of duty and make them willing to Repeal the
good a Title to be ravished from them either by Monks or Janizaries though authorised thereunto by the Princes Commission Even they who had formerly suffered themselves to be seduced to prove in a manner Betrayers of the Rights and Religion of their Country will now being undeceived not only in conjunction with others withstand the Court in its prosecution of Popish and Arbitrary Designs but through a generous exasperation for having been deluded and abused will judge themselves obliged in vindication of their Actings before to appear for the Protestant Religion and the Laws of England with a Zeal equal to that wherewith they contributed to the undermining and supplanting of them For they are not only become more sensible than they were of the Mischiefs of Absolute Government so as for the future to prize and assert the Priviledges reserved unto the people by the Rules of the Constitution and chalk'd out for them in the Laws of the Land but they have such a fresh view of Popery both in its Heresies Blasphemies Superstitions and Idolatries and in the Treachery Sanguinariness Violence and Cruelty which the Papal Principles mould influence and oblige Men unto that they not only entertain the greatest abhorrency and detestation imaginable for it but seem resolved not to cherish in their Bosom a Thing so abominable to God execrable to good Men and destructive to Humane as well as to Christian Societies Nor are the Dissenters meerly to believe that the Conformists are equally zealous as themselves for the Reformed Religion and English Rights but they are to consider them as the only great and united Body of Protestants in the Kingdom with whom all other parties compared bear no considerable proportion For though the Nonconformists considered abstractly make a vast number of honest and useful people yet being laid in the Scale with those of the Episcopal Communion they are but few and lye in a little room And whosoever will take the pains to ballance the one against the other even where Dissenters make the greatest Figure and may justly boast of their Multitude they will soon be convinced that the number of the other doth far transcend and exceed them And if it be so in Cities and Corporations where the greatest Bulk of Dissenters are it is much more so in Country Parishes where the latter bear not the proportion of one to a hundred Nor doth the Church of England more exceed the other parties in her number than she doth in the quality of her Members For whereas they who make up and constitute the separate Societies are chiefly persons of the middle Rank and Condition the Church of England doth in a manner vouch and claim all the Persons of Honour of the Learned professions and such as have valuable Estates for her Communicants And though the other sort are as necessary in the Common-wealth and contribute as much to its Strength Prosperity and Happiness yet they make not that Figure in the Government nor stand in that Capacity of having influence upon Publick Affairs For not only the Gentlemen of both the Gowns who by reason of their Calling and Learning are best able to defend our Religion and vindicate our Laws and Priviledges with their Tongues and Pens but they whose Estates Reputation and Interest recommendeth them to be elected Members of the great Senate of the Nation as well as they who by reason of their Honours and Baronages are Hereditary Legislators are generally if not all of the Communion of the Church of England So that they who conform to the established Worship and Discipline are to be look'd upon and acknowledged as the great Bulwark of the Protestant Religion in England and the Hedge and Fence of our Civil Liberties and Rights And though it be true that this great Breach made upon our Religion and Laws is fallen out under their hand while the poor Dissenters had neither accession to nor were in a condition to prevent it yet seeing their own Consciences do sufficiently load and charge them for it with Shame and Ignominy it were neither candid nor at this Juncture seasonable to upbraid it to them or improve it to their Dishonour and Reproach For as they have tamely look'd on and connived till our Religion and Liberties are so far undermined and supplanted so it is they alone who have been in a condition of stemming the Inundation of Idolatry and Tyranny with which we were threatned and of repairing our Breaches and reducing the Prerogative to its old Channel and making Popery sneak and retreat into its holes and corners again And should the Church of England have been overthrown and devoured what an easie Prey would the rest have been to the Romish Cormorants And could the King under the Conduct of the Jesuits and with the assistance of his Myrmidons have dissolved the established Worship and Discipline they of the Separation would have been in no capacity to support the Reformed Religion nor able to escape the common Ruine and Persecution 'T is therefore the Interest as well as the Duty of the Dissenters to help maintain and defend those Walls within the skreen and shelter whereof their own Huts and Cottages are built and stand And the rather seeing the Conformists are at last though to their own Religion's and the Nations Expence become so far enlightned as to see a necessity of growing more amicable towards them and to enlarge the Terms of their Communion grant an Indulgence to all Protestants that differ from them And as we ought to admire the Wisdom of God in those Providences by which Protestants are taught to lay aside their Animosities and let fall their Persecutions of one another so it would be a Contradiction both to the principles and repeated Protestations of Dissenters to aim at more than such a Liberty as is consistent with a National Ecclesiastick Establishment Yea it were to proclaim themselves both Villains and Hypocrites not to allow their Fellow-Protestants the Exercise of their Judgments with what further Profits and Emoluments the Law will grant them provided themselves may be discharged from all obnoxiousness to Penalties and Censures upon the account of their Consciences and be admitted a free and publick Practice of their own respective Modes of Discipline and be suffered to worship God in those ways which they think he hath required and enjoyned them And were England immediately to be rendred so happy as to have a Protestant Prince or Princess as we are not now quite out of hopes ascend the Throne and to enjoy a Parliament duly chosen and acting with freedom no one party of the Reformed Religion among us must ever expect to be established and supported to the denial of Liberty to others much less to be by Law empowered to ruine and destroy them Should it please Almighty God to bring the Princess of Orange to the Crown though the Church of England may in that case justly expect the being preserved and upheld as the National
were prepared for in case it had succeeded and the foreign aid they had been solliciting and were promised and all for the extirpation of English Hereticks are things so modern and which we have had so many times related to us by our Fathers that it is enough barely to intimate them The Irish Massacre in which above 200000 were murder'd in cold blood and to which there was no provocation but that of hatred to our Religion and furious zeal to extirpate Hereticks ought at this time to be more particularly reflected upon as that which gives us a true scheme of the manner of the Church of Rome's converting Protestant Kingdoms and being the Copy they have a mind to write after and that in such Characters and lines of blood as may be sure to answer the Original At the season when they both entred upon and executed that hellish conjuration they were in a quiet and peaceable enjoyment of the private exercise of their Religion yea had many publick meeting-places thro the means of the Queen and many great friends which they had at Court and were neither disturbed for not coming to Church nor suffered any severities upon the account of their Profession but that would not satisfie nor will any thing else unless they may be allowed to cut the throats or make bonefires of all that will not join with them in a blind obedience to the Sea of Rome and of worshipping S. Patrick The little harsh usages which the Papists at any time met with there or in England they derived them upon themselves by their Crimes against the State and for their Conspiracies against our Princes and their Protestant Subjects For till the Pope had taken upon him to depose Queen Elizabeth and absolve her Subjects from their Allegiance and till the Papists had so far approved that Act of his Holiness as to raise Rebellions at home and enter into treasonable confederacies abroad there were no Laws that could be stiled severe enacted in England against Papists and the making of them was the result of necessity in order to preserve our selves and not from an inclination to hurt any for matters of mere Religion Such hath always been the moderation of our Rulers and so powerful are the incitements to lenity which the generality of Protestants through the influence and impression of their Religion especially they of a more generous education have been under towards those of the Roman Communion that nothing but their unwearied restlesness to disturb the Government and destroy Protestants hath been the cause either of enacting those Laws against them that are stiled rigorous or of their having been at any time put into execution And notwithstanding that some such Laws were enacted as might appear to savour of severity yet could they have but submitted to have dwelt peaceably in the Land they would have found that their mere belief and the private practice of their Worship would not have much prejudiced or endangered them and that tho the Laws had been continued unrepealed yet it was only as a Hedge about us for our protection and as Bonds of obligation upon them to their good behaviour To which may be added that more Protestants have suffered in one year by the Laws made against Dissenters and to the utmost height of the penalties which the violation of them imported and that by the instigation of Papists and their influence over the late King and his present Majesty than there have Papists from the beginning of Queen Elizabeth's Reign to this very day tho there was a difference in the punishments they underwent However we may from their many and repeated attempts against us while we had Princes that both would and could chasten their insolencies and inflict upon them what the Law made them obnoxious unto for their outrages gather and conclude what we are now to expect upon their having obtained a King imbu'd with all the persecuting and bloody principles of Popery and perfectly baptised into all the Doctrines of the Councils of Lateran and Constance And it may strengthen our faith as well as increase our fear of what is purposed against and impends over us in that they cannot but think that the suffering our Religion to remain in a condition to be at any time hereafter the Religion of the State and of the universality of the People may not only prove a means of retrieving Protestancy in France and of assisting to revenge the barbarities perpetrated there upon a great and innocent people but may leave the Roman Catholicks in England exposed to the resentment of the Kingdom for what they have so foolishly and impudently acted both against our Civil Rights and Established Religion since James II. came to the Crown and may also upon the Government 's falling into good hands and Magistrates coming to understand their true Interest which is for an English Prince to make himself the Head of the Protestant cause and to espouse their quarrel in all places give such a Revolution in Europe as will not only check the present Career of Rome but cause them repent the methods in which they have been engaged These things we may be sure the Papists are aware of and that having proceeded so far they have nothing left for their security from punishments because of crimes committed but to put us out of all capacity of doing our selves Right and them Justice and he must be dull who does not know into what that must necessarily hurry them It being then as evident as a matter of this nature is capable of what we are to expect and dread from the King both as to our Religion and Laws we may do more than presume that the late Declaration for liberty of Conscience and the Proclamation for a Toleration are not intended and designed for the benefit and advantage of the Reformed Religion and that whatsoever motives have influenced to the granting and emitting of them they do not in the least flow or proceed from any kindness and good will to Protestant Dissenters And though many of those weak and easie People may flatter themselves with a belief of an interest in the Kings favour and suffer others to delude them into a persuasion of his bearing a gracious respect towards them yet it is certain that they are People in the world whom he most hates and who when things are ripe for it and that he hath abused their credulity into a serving his Ends as far as they can be prevailed upon and as long as the present Juggle can be of any advantage for promoting the Papal Cause will be sure not only to have an equal share in his displeasure with their Brethren of the Church of England but will be made to drink deepest in the cup of fury and wrath that is mingling and preparing for all Protestants No provocation from their present behaviour tho it is such as might warm a person of very cool temper much less offences of another complexion
the known Laws of the Kingdom and hath been done by no legal Court but by a Sett of Mercenary Villains armed with an Arbitrary Commission and who do as Arbitrarily exercise it And as the End unto which that Inquisition-Court was instituted was to rob us of our Rights and Privileges at the mere Pleasure of the King so the very Institution of it is an Invasion both upon all our Laws and upon the whole Property of the Nation and is one of the highest Exercises of Despotical Power that it is possible for the most Absolute and unlimited Monarch to exert Among all the Rights reserved unto the Subjects by the Rules of the Constitution and whereof they are secured by many repeated Laws and Statutes there are none that have been hitherto less disputed and in reference to which our Kings have been farther from claiming any Power and Authority than those of levying Money without the Grant as well as the Consent of Parliament and of Absolving and Discharging Debtors from paying their Creditors and of Acquitting them from being Sued and Imprisoned in case of Non-payment and yet in Defiance of all Law and to the Subverting the Rights of the People and the most essential Privilege and Jurisdiction of Parliaments and to a plain changing the ancient legal Constitution into an Absolute and Despotical Governing Power the King they say is assuming to himself an Authority both of imposing a Tax of 5 l. per Annum upon every Hackney Coach and of Releasing and Discharging all Debtors of whom their Creditors cannot claim and demand above 10 l. Sterling which as they will be signal Invasions upon Property and leading Cases for the raising Money in what other Instances he pleaseth by a Hampton-Court or a Whitehall Edict without standing in need of a Parliament or being obliged to a Dependance upon their Grant for all Taxes to be levied upon the Subjects as his Predecesso●s have heretofore been so they may serve fully to instruct us what little Security either the Dissenters have as to being long in the Possession of their present Liberty or Protestants in general of having a Freedom continued unto them of professing the Reformed Religion if we have nothing more to rely upon for preventing our being abridged and denied the Liberty of our Religion than we have had for preserving our Property from being Invaded and broken in upon We may subjoyn to the Clause already mentioned that other Expression which occurs in the foresaid Declaration viz. That as he freely gives them leave to meet and serve God after their own way and manner so they are to take special care that nothing be preached or taught amongst them which may any ways tend to alienate the Hearts of the People from his Majesty or his Government Which words as they import the Price at which the Dissenters are to purchase their Freedom whereof we shall discourse anon so they admirably serve to furnish the King with a Pretence of retrenching their Liberty whensoever he pleaseth nor are they inferted there for any other End but that upon a Plea of their having abused his Gracious Indulgence to the alienating the Hearts of his People from him they may be adjudged to have thereby deservedly forfeited both all the Benefits of it and of his Royal Favor Nor is it possible for a Protestant Minister to preach one Sermon which a Popish Critick or a Romish Bigot may not easily misconstrue and pervert to be an Alienation of the Peoples Hearts from the King's Person and Government And of which as we have heard many late Examples in France so it will be easie to draw them into President and to imitate them in England I might add the Observation of the ingenious Author of the Reflections on his Majesty's Proclamation for a Toleration in Scotland Namely that whereas the King gives all Assurance to his Scots Subjects that he will not use invincible Necessity against any Man on the account of his Perswasion he does thereby leave himself at a liberty of Dragooning Torturing Burning and doing the utmost Violences all these being vincible to a Person of an ardent love to God and of a lively Faith in Jesus Christ and which accordingly many Thousands have been triumphantly Victorious over Nor is it likely that this new and uncouth Phrase of not using an invinsible Necessity would have found room in a Paper of that nature if it had not been first to conceal some malicious and mischievous Design and then to justifie the Consistency of its Execution with what is promised in the Proclamation Moreover were there that Security intended by these two Royal Papers that Protestant Dissenters might safely rely upon or did the King act with that Sincerity which he would delude his People into a Belief of there would then be a greater Agreeableness than there is betwixt the Declaration for Liberty of Conscience in England and the Proclamation for a Toleration in Scotland The Principle his Majesty pretends to act from That Conscience ought not to be constrained and that none ought to be persecuted for mere matters of Religion would oblige him to act uniformly and with an equal extention of Favor to all his Subjects whose Principles are the same and against whom he hath no Exception but in matters merely Religious Whereas the Disparity of Grace Kindness and Freedom that is exercised in the Declaration from that which is exerted in the Proclamation plainly shews that the whole is but a Trick of State and done in Subserviency to an end which it is not yet seasonable to discover and avow For his circumscribing the Toleration in Scotland to such Presbyterians as he stiles Moderate is not only a taking it off from its true Bottom matters of mere Religion and a founding it upon an internal Quality of the mind that is not dissernable but it implies the reserving a Liberty to himself of withdrawing the Benefits of it from all Scots Dissenters through fastening upon them a contrary Character whensoever it shall be seasonable to revive Persecution And even as it is now exerted to these Moderate ones it is attended with Restrictions that his Indulgence in England is no ways clog'd with All that the Declaration requires from those that are indulged is That their Assemblies be peaceably openly and publickly held that all Persons be freely admitted to them that they signifie and make known to some Justice of the Peace what places they set apart for these uses and that nothing be preached or taught amongst them which may any ways tend to alionate the Hearts of the People from the King or his Government Whereas the Proclamation not only restrains the Meetings of the Scots Presbyterians to private Houses without allowing them either to build Meeting-Houses or to use Out-houses or Barns but it prohibits the hearing any Ministers save such as shall be willing to swear That they shall to the utmost of their power assist defend and maintain the King in the
their Lives Liberties Honors and Estates if they should go about to preserve themselves from this Oppression by Petitions Representations or other means authorised by Law Thus did they proceed with the Archbishop of Canterbury and the other Bishops who having offered a most Humble Petition to the King in Terms full of Respect and not exceeding the number limited by Law in which they set forth in short the Reasons for which they could not obey that Order which by the Instigation of those Evil Counsellors was sent them requiring them to appoint their Clergy to read in their Churches the Declaration for Liberty of Conscience were sent to Prison and afterwards brought to a Trial as if they had been guilty of some enormous Crime They were not only obliged to defend themselves in that pursuit but to appear before professed Papists who had not taken the Test and by consequence were Men whose Interest led them to condemn them and the Judges that gave their Opinion in their Favors were thereupon turned out And yet it cannot be pretended that any Kings how great soever their Power has been and how Arbitrary and Despotick soever they have been in the Exercise of it have ever reckoned it a Crime for their Subjects to come in all Submission and Respect and in a due Number not exceeding the Limits of the Law and represent to them the Reasons that made it impossible for them to obey their Orders Those Evil Counsellors have also treated a Peer of the Realm as a Criminal only because he said that the Subjects were not bound to obey the orders of a Popish Justice of Peace tho it is evident that they being by Law rendred incapable of all such Trust no regard is due to their orders This being the Security which the People have by the Law for their Lives Liberties Honors and Estates that they are not to be subjected to the Arbitrary Proceedings of Papists that are contrary to Law put into any Employments Civil or Military Both we our selves and our Dearest and most Entirely Beloved Consort the Princess have endeavored to signifie in Terms full of Respect to the King the just and deep Regret which all these Proceedings have given us and in Compliance with His Majesties Desires signified to us we declared both by word of Mouth to his Envoy and in Writing what our Thoughts were touching the Repealing of the Test and Penal Laws which we did in such a manner that we hoped we had proposed an Expedient by which the Peace of those Kingdoms and a happy Agreement among the Subjects of all Perswasions might have been settled but those Evil Counsellors have put such ill Constructions on these our good Intentions that they have endeavored to alienate the King more and more from us as if we had designed to disturb the Quiet and Happiness of the Kingdom The last and great Remedy for all those Evils is The calling of a Parliament for securing the Nation against the Evil Practises of those wicked Counsellors but this could not be yet compassed nor can it be easily brought about For those Men apprehending that a lawful Parliament being once assembled they would be brought to an account for all their open Violations of Law and for their Plots and Conspiracies against the Protestant Religion and the Lives and Liberties of the Subjects they have endeavored under the specious Pretence of Liberty of Conscience first to sow Divisions among Protestants between those of the Church of England and the Dissenters The design being laid to engage Protestants that are all equally concerned to preserve themselves from Popish Oppression into mutual Quarrellings that so by these some Advantages might be given to them to bring about their Designs and that both in the Election of the Members of Parliament and afterwards in the Parliament it self For they see well that if all Protestants could enter into a mutual good Understanding one with another and concur together in the Preserving of their Religion it would not be possible for them to compass their wicked ends They have also required all Persons in the several Counties of England that either were in any Imployment or were in any considerable Esteem to declare before-hand that they would concur in the Repeal of the Test and Penal Laws and that they would give their Voices in the Elections to Parliament only for such as would concur in it Such as would not thus pre-ingage themselves were turned out of all Imployments and others who entered into those Engagements were put in their places many of them being Papists And contrary to the Charters and Privileges of those Boroughs that have a Right to send Burgesses to Parliament they have ordered such Regulations to be made as they thought fit and necessary for assuring themselves of all the Members that are to be chosen by those Corporations and by this means they hope to avoid that Punishment which they have deserved tho it is apparent that all Acts made by Popish Magistrates are null and void of themselves so that no Parliament can be Lawful for which the Elections and Returns are made by Popish Sheriffs and Mayors of Towns and therefore as long as the Authority and Magistracy is in such Hands it is not possible to have any Lawful Parliament And tho according to the Constitution of the English Government and Immemorial Custom all Elections of Parliament-men ought to be made with an entire Liberty without any sort of Force or the requiring the Electors to chuse such Persons as shall be named to them and the Persons thus freely elected ought to give their Opinions freely upon all Matters that are brought before them having the good of the Nation ever before their Eyes and following in all things the Dictates of their Conscience yet now the People of England cannot expect a Remedy from a Free Parliament legally Called and Chosen But they may perhaps see one called in which all Elections will be carried by Fraud or Force and which will be composed of such Persons of whom those Evil Counsellors hold themselves well assured in which all things will be carried on according to their Direction and Interest without any regard to the Good or Happiness of the Nation Which may appear evidently from this that the same Persons tried the Members of the last Parliament to gain them to consent to the Repeal of the Test and Penal Laws and procured that Parliament to be dissolved when they found that they could not neither by Promises nor Threatnings prevail with the Members to comply with their wicked Designs But to Crown all there are great and violent Presumptions inducing us to believe that those Evil Counsellors in order to the carrying on of their ill Designs and to the gaining to themselves the more time for the effecting of them for the encouraging of their Complices and for the discouraging of all Good Subjects have published that the Queen hath brought forth a Son tho there have
So that Conquest may make Way for a Government but it cannot constitute it Secondly There is a Supreme Power in every Community essential to it and inseparable from it by which if it be not limited immediately by God it can form it self into any kind of Government And in some extraordinary Occasions when the Safety and Peace of the Publick necessarily require it can supply the Defects reform the Abuses and re-establish the true Fundamentals of the Government by Purging Refining and bringing Things back to their first Original Which Power may be called The Supreme Power Real Thirdly When the Community has made choice of some Form of Government and subjected themselves to it having invested some Person or Persons with the Supreme Power The Power in those Persons may be called The Supream Power Personal Fourthly If this Form be a mix'd Government of Monarchy Aristocracy and Democracy and for the easie Execution of the Laws the Executive Power be lodg'd in a single Person He has a Supream Power Personal quoad hoc Fifthly The Supreme Power Personal of England is in Kings Lords and Commons and so it was in Effect agreed to by King Charles the First in his Answer to the nineteen Popositions and resolved by the Convention of the Lords and Commons in the year 1660. And note That the Acts of that Convention tho' never confirmed by Parliament have been taken for Law and particularly by the Lord Chief Justice Hales Sixthly The Supreme Power Personal of England fails three Ways 1. 'T is dissolved For two Essential Parts fail 1. a King 2. a House of Commons which cannot be called according to Constitution the King being gone and the Freedom of Election being destroyed by the Kings Incroachments 2. The King has forfeited his Power several Ways Subjection to the Bishop of Rome is the Subjection against which our Laws cry loudest And even Barclay that Monarchical Politician acknowledges That if a King alienate his Kingdom or subject it to another he forfeits it And Grotius asserts That if a King really attempt to deliver up or subject his Kingdom he may be therein resisted And that if the King have part of the Supreme Power and the People or Senate the other part the King invading that part which is not his a just Force may be opposed and he may lose his Part of the Empire Grotius de Bello c. Cap. 72. But that the King has subjected the Kingdom to the Pope needs no Proof That he has usurp'd an absolute Power superieur to all Laws made the Peoples Share in the Legislative Power impertinent and useless and thereby invaded their just Rights none can deny 'T were in vain to multiply Instances of his Forfeitures And if we consider the Power exercis'd by him of late it will most evidently appear to all who understand the English Constitution that it admits of no such King nor any such Power 3. The King has deserted 1. By incapacitating himself by a Religion inconsistent with the Fundamentals of our Government 2. By forsaking the Power the Constitution allow'd him and usurping a Foreign one So that tho the Person remained the King was gone long ago 3. By Personal Withdrawing Seventhly The Supreme Power Real remains in the Community and they may act by their Original Power And tho every Particular Person is notwithstanding such Dissolution Forfeiture or Desertion subject to the Laws which were made by the Supreme Power Personal when in Being yet the Communities Power is not bound by them but is paramount all Laws made by the Supreme Power Personal And has a full Right to take such Measures for Settling the Government as they shall think most sure and effectual for the lasting Security and Peace of the Nation For we must note that it was the Community of England which first gave Being to both King and Parliament and to all the other Parts of our Constitution Eighthly The most Renowned Politician observes That those Kingdoms and Republicks subsist longest that are often renewed or brought back to their first Beginnings which is an Observation of Self-evident Truth and implies That the Supreme Power Real has a Right to renew or bring back And the most-ingenious Lawson observes in his Politica That the Community of England in the late Times had the greatest Advantage that they or their Ancestors had had for many Ages for this purpose tho God hid it from their Eyes But the wonderful Concurrence of such a series of Providences as we now see and admire gives ground to hope That the Veil is removed and the Nation will now see the Things that concern their Peace Ninthly The Acts done and executed by the Supreme Power Personal when in Being have so modell'd the Parts and Persons of the Community that the Original Constitution is the best justest and the most desirable The Royal Family affords a Person that both Heaven and Earth point out for King There are Lords whose Nobility is not affected by the Dissolution of the Government and are the subject Matter of a House of Lords And there are Places which by Custom or Charter have Right to choose Representatives of the Commons Tenthly There are inextricable Difficulties in all other Methods For 1. There is no Demise of the King neither Civil nor Natural 2. There is consequently no Descent 3. The Community only has a Right to take Advantage of the King's Forfeiture or Desertion 4. Whatever other Power may be imagin'd in the two Houses as Houses of Parliament it cannot justify it self to the Reason of any who understand the Bottom of our Constitution 5. By this Method all Popish Successors may be excluded and the Government secured in case all the Protestants of the Family die without Issue And this by the very Constitution of England And the Question can never arise about the Force or the Lawfulness of a Bill of Exclusion 6. The Convention will not be oblig'd to take Oaths c. Eleventhly If these things be granted and the Community be at Liberty to act as above it will certainly be most advisable not only for the Security and Welfare of the Nation but if rightly understood for the Interest of their Royal Highnesses to limit the Crown as follows To the Prince of Orange during his Life yet with all possible Honour and Respect to the Princess whose Interests and Inclinations are inseparably the same with his Remainder to the Princess of Orange and the Heirs of her Body Remainder to the Princess of Denmark and the Heirs of her Body Remainder to the Heirs of the Body of the Prince of Orange Remainder as an Act of Parliament shall appoint This will have these Conveniences among others 1. Husband and Wife are but one Person in Law and her Husbands Honour is hers 2. It puts the present Kingly Power into the best Hand in the World which without Flattery is agreed on by all Men. 3. It asserts the above said Power in the
to publish all his Arbitrary Declarations and in particular one that strikes at their whole Settlement and has ordered Process to be begun against all that disobey'd this illegal Warrant and has treated so great a number of the Bishops as Criminals only for representing to him the Reasons of their not obeying him if likewise the King is not satisfied to profess his own Religion openly though even that is contrary to Law but has sent Ambassadors to Rome and received Nuntio 's from thence which is plainly Treason by Law if likewise many Popish Churches and Chappels have been publickly opened if several Colledges of Jesuits have been set up in divers parts of the Nation and one of the Order has been made a Privy Counsellor and a principal Minister of State and if Papists and even those who turn to that Religion though declared Traitors by Law are brought into all the chief Employments both Military and Civil then it is plain That all the Rights of the Church of England and the whole establishment of the Protestant Religion are struck at and designed to be overturned since all these things as they are notoriously illegal so they evidently demonstrate That the great design of them all is the rooting out of this Pestilent Heresy in their stile I mean the Protestant Religion In the next place If in the whole Course of Justice it is visible that there is a constant practising upon the Judges that they are turned out upon their varying from the Intentions of the Court and if Men of no Reputation nor Abilities are put in their places if an Army is kept up in time of Peace and Men who withdraw from that illegal Service are hanged up as Criminals without any colour of Law which by consequence are so many Murders and if the Souldiery are connived at and encouraged in the most enormous Crimes that so they may be thereby prepared to commit greater ones and from single Rapes and Murders proceed to a rape upon all our Liberties and a destruction of the Nation if I say all these things are true in fact then it is plain that there is such a dissolution of the Government made that there is not any one part of it left found and entire and if all these things are done now it is easy to imagine what may be expected when Arbitrary Power that spares no Man and Popery that spares no Heretick are finally established Then we may look for nothing but Gabelles Tailles Impositions Benevolences and all sorts of illegal Taxes as from the other we may expect Burnings Massacres and Inquisitions In what is doing in Scotland we may gather what is to be expected in England where if the King has over and over again declared that he is vested with an Absolute Power to which all are bound to obey without reserve and has upon that annulled almost all the Acts of Parliament that passed in K. James the Ist's Minority though they were ratified by himself when he came to be of age and were confirmed by all the subsequent Kings not excepting the present We must then conclude from thence what is resolved on here in England and what will be put in execution as soon as it is thought that the Times can bear it When likewise the whole Settlement of Ireland is shaken and the Army that was raised and is maintained by Taxes that were given for an Army of English Protestants to secure them from a new Massacre by the Irish Papists is now all filled with Irish Papists as well as almost all the other Imployments it is plain That not only all the British Protestants inhabiting that Island are in daily danger of being butchered a second time but that the Crown of England is in danger of losing that Island it being now put wholly into the hands and power of the Native Irish who as they formerly offered themselves up sometimes to the Crown of Spain sometimes to the Pope and once to the Duke of Lorrain so are they perhaps at this present treating with another Court for the sale and surrender of the Island and for the Massacre of the English in it If thus all the several Branches of our Constitution are dissolved it might be at least expected that one part should be left entire and that is the Regal Dignity and yet even that is prostituted when we see a young Child put in the reversion of it and pretended to be the Prince of Wales concerning whose being born of the Queen there appear to be not only no certain Proofs but there are all the Presumptions that can possibly be imagined to the contrary No Proofs were ever given either to the Princess of Denmark or to any other Protestant Ladies in whom we ought to repose any Confidence that the Queen was ever with Child that whole matter being managed with so much Mysteriousness that there were violent and publick Suspitions of it before the Birth But the whole Contrivance of the Birth the sending away the Princess of Denmark the sudden shortning of the Reckoning the Queen 's sudden going to St. James's her no less sudden pretended Delivery the hurrying the Child into another Room without shewing it to those present and without their hearing it cry and the mysterious Conduct of all since that time no satisfaction being given to the Princess of Denmark upon her Return from the Bath nor to any other Protestant Ladies of the Queen's having been really brought to bed These are all such evident Indications of a base Imposture in this matter that as the Nation has the justest reason in the World to doubt of it so they have all possible reason to be at no quiet till they see a Legal and Free Parliament assembled which may impartially and without either Fear or Corruption examine that whole matter If all these Matters are true in fact then I suppose no Man will doubt that the whole Foundations of this Government and all the most sacred Parts of it are overturned And as to the truth of all these Suppositions that is left to every Englishman's Judgment and Sense The Oaths of Allegiance and Supremacy no Badges of Slavery THE Ecclesiastical Jurisdiction of the Crown of England having been invaded and broke in upon by the Power of the Court of Rome in K. Henry the Eighth 's time all Foreign Power was abolished and the Antient Legal Supremacy restor'd and by many additional Acts corroborated But all that was done of that kind in K. Henry the Eighth 's time was undone again in Queen Mary's and therefore in the first Year of Queen Elizabeth's Reign an Act of Parliament was made Intituled All Antient Jurisdiction restored to the Crown A Repeal of divers Statutes and Reviver of others and all foreign Power Abolished Which Act recites that whereas in the Reign of R. H. 8. divers good Laws were made and established as well for the utter extinguishment and putting away of all Vsurped and Foreign Powers and
Authorities out of this Realm as also for restoring and uniting to the Imperial Crown of this Realm the antient Jurisdictions Authorities Superiorities and Preheminences to the same of Right belonging and appertaining by reason whereof the Subjects of this Realm were kept in good order and disburthened of divers great and intolerable Charges and Exactions until such time as all the said good Laws and Statutes by one Act of Parliament made in the first and second Years of the Reigns of King Philip and Queen Mary were clearly repealed and made void by reason of which Act of Repeal the Subjects of England were eftsoons brought under an usurped Foreign Power and Authority and yet remained in that Bondage to their intolerable Charges and then Enacts that for the repressing of the said usurped Foreign Power and the restoring of the Rights Jurisdictions and Preheminences appertaining to the Imperial Crown of this Realm The said Act made in the first and second Years of the said late King Philip and Queen Mary except as therein is excepted be repealed void and of none effect The said Act of Primo Elizabethae proceeds First to revive by express words many Statutes that had been made in King Henry the Eighth's time and repealed in Queen Mary's and Secondly to abolish all Foreign Authority in these words viz. And to the intent that all Vsurped and Foreign Power and Authority Spiritual and Temporal may for ever be clearly extinguished and never to be used or obeyed within this Realm c. May it please your Highness that it may be Enacted That no Foreign Prince Person Prelate State or Potentate Spiritual or Temporal shall at any time after the last day of this Session of Parliament use enjoy or exercise any manner of Power Jurisdiction Superiority Authority Preheminence or Priviledg Spiritual or Ecclesiastical within this Realm c. but the same shall be clearly abolished out of this Realm c. Any Statute Custom c. to the contrary notwithstanding Thirdly The said Act restores in the next Paragraph to the Imperial Crown of this Realm such Jurisdictions Priviledges Superiorities c. Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical Power or Authority had heretofore been or might lawfully be exercised or used c. Fourthly the Act impowers the Queen to assign Commissioners to exercise Ecclesiastical Jurisdiction And Fifthly For the better observation and maintenance of this Act imposes upon Ecclesiastical and Temporal Officers and Ministers c. the Oath commonly call'd the Oath of Supremacy which runs thus viz. The Oath of SUPREMACY I A. B. do utterly testify and declare in my Conscience that the Queen's Highness is the only Supream Governour of this Realm and of all other her Highness's Dominions and Countries as well in all Spiritual or Ecclesiastical Things and Causes as Temporal and that no Foreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preheminence or Authority Ecclesiastical or Spiritual within this Realm And therefore I do utterly renounce and forsake all Foreign Jurisdictions Powers Superiorities and Authorities and do promise that from henceforth I shall bear Faith and true Allegiance to the Queen's Highness her Heirs and lawful Successors and to my Power shall assist and defend all Jurisdictions Priviledges Preheminencies and Authorities granted or belonging to the Queen's Highness her Heirs and Successors or united and annexed to the Imperial Crown of this Realm So help me God and by the Contents of this Book It cannot but be obvious to every impartial Peruser of the Statute especially if he have the least knowledg of what Condition the Government of this Nation was reduced to by Papal Encroachments and Usurpations That the Makers of this Law and the Sense of this Oath was no other in general than that the People of this Realm should bear Faith and true Allegiance even in Matters relating to Ecclesiastical Jurisdiction to the Queen's Highness her Heirs and lawful Successors and not to the Pope or any foreign pretended Jurisdiction What the several Jurisdictions Priviledges Preheminences and Authorities granted or belonging to the Queen her Heirs and Successors are in particular and what the Jurisdictions Priviledges Preheminences and Authorities United and Annexed to the Imperial Crown of this Realm are in particular is not material here to be discoursed of though the several Statutes made in King Henry the Eighth's time and King Edward the Sixth's and revived in Queen Elizabeth's will unfold many of them and clear the distinction which the OATH makes betwixt Authorities granted or belonging to the King and Authorities united and annexed to the Imperial Crown and Mr. Prynn's History of the Pope's intolerable Usurpations upon the Liberties of the Kings and Subjects of England and Ireland together with Sir Roger Twisden's Historical Vindication of the Church of England in point of Schism will in a great measure acquaint the Curious how matters stood with us here with respect to Church-Government before the Pope had wrested the Ecclesiastical Jurisdiction almost wholly out of the hands of our Kings our Parliaments and Courts of Justice In short those Jurisdictions c. are such as the Antient Laws Customs and Usages of the Realm or latter Acts of Parliament have Created Given Limited and Directed The Makers of this Law did not design to impose upon the People of England any new Terms of Allegiance but to secure the old ones exclusive of any Pretences of the Pope or See of Rome Nor are there any words in this Oath more strong more binding to Duty and Allegiance than are words which the old Oath of Fealty is conceived in which all Men were antiently obliged and may yet be required to take to the King in the Court-Leet at twelve years of Age which runs thus viz. You shall swear that from this day forward you shall be true and faithful to our Soveraign Lord King James and his Heirs And Faith and Truth shall bear of Life and Limb and terrene Honour And you shall not know nor hear of any ill or damage intended to him that you shall not defend So help you Almighty God This is as full and comprehensive as the Oath of Supremacy I do promise that I shall bear faith and true Allegiance to the Queen's Highness her Heirs and lawful Successors and to my power shall assist and defend all Jurisdictions c. So that the true sense and meaning of the Oath of Supremacy is this viz. I will be true and faithful to our Soveraign Lord the King his Heirs and lawful Successors and will to my Power assist and defend all his Rights notwithstanding any pretence made by the Pope or any other Foreign Power to exercise Jurisdiction within the Realm all which Foreign Power I utterly renounce in Matters Ecclesiastical as well as Temporal The Oath of Allegiance is appointed by the Act of 3 Jac. 1. Chap. 4. Intituled An Act for discovering and repressing of Popish Recusants It
43. A Brief Account of particulars occurring at the happy death of our late Soveraign Lord K. Ch. 2d in regard to Religion faithfully related by his then Assistant Mr. Jo. Huddleston 280 44. Some Reflections on His Majesty's Proclamation of the Twelfth of Feb. 1686 7. for a Toleration in Scotland together with the said Proclamation 281 45. His Majesty's Gracious Declaration to all his Loving Subjects for Liberty of Conscience 287 46. A Letter containing some Reflections on His Majesty's Declaration for Liberty of Conscience Dated April 4. 1687. 289 47. A Letter to a Dissenter upon Occasion of His Majesty's Late Gracious Declaration of Indulgence 294 48. The Anatomy of an Equivalent 300 49. A Letter from a Gentleman in the City to his Friend in the Countrey containing his Reasons for not reading the Declaration 309 50. An Answer to the City Minister's Letter from his Countrey Friend 314 51. A Letter from a Gentleman in Ireland to his Friend in London upon ocasion of a Pamphlet entituled A Vindication of the Present Government of Ireland under his Excellency Richard Earl of Tyrconnel 316 52. A Plain Account of the Persecution laid to the Charge of the Church of England 322 53. Abby and other Church Lands not yet assured to such possessors as are Roman-Catholicks dedicated to the Nobility and Gentry of that Religion 326 54. The King's Power in Ecclesiastical matters truly stated 331 55. A Letter writ by Mijn Heer Fagel Pensioner of Holland to Mr. James Stewart Advocate giving an Account of the Prince and Princess of Orange's thoughts concerning the Repeal of the Test and the Penal Laws 334 56. Reflections on Monsieur Fagel's Letter 338 57. Animadversions upon a pretended Answer to Mijn Heer Fagel's Letter 343 58. Some Reflections on a Discourse called Good Advice to the Church of England c. 363 59. The ill effects of Animosities 371 60. A Representation of the Threatning Dangers impending over Protestants in Great-Britain With an Account of the Arbitrary and Popish ends unto which the Declaration for Liberty of Conscience in England and the Proclamation for a Toleration in Scotland are designed 380 61. The Declaration of his Highness William Henry by the Grace of God Prince of Orange c. of the Reasons inducing him to appear in Arms in the Kingdom of England for preserving of the Protestant Religion and for restoring the Laws and Liberties of England Scotland and Ireland 420 62. His Highnesses Additional Declaration 426 63. The then supposed Third Declaration of his Royal Highness pretended to be signed at his head Quarters at Sherborn-Castle November 28. 1688. but was written by another Person tho yet unknown 427 64. The Reverend Mr. Samuel Johnson's Paper in the year 1686. for which he was sentenc'd by the Court of Kings-Bench Sir Edward Herbert being Lord Chief Justice and Sir Francis Wythens pronouncing the Sentence to stand Three times on the Pillory and to be whipp'd from Newgate to Tyburn which barbarous Sentence was Executed 428 65. Several Reasons for the establishment of a standing Army and Dissolving the Militia by the said Mr. Johnson 429 66. To the King 's Most Excellent Majesty the Humble Petition of William Archbishop of Canterbury and divers of the suffragan Bishops of that Province then present with him in behalf of themselves and others of their absent Brethren and of the Clergy of their respective Diocesses with His Majesty's Answer 430 67. The Petition of the Lords Spiritual and Temporal for the calling of a free Parliament together with His Majesty's Gracious Answer to their Lordships Ib. 68. The Prince of Orange's Letter to the English Army 431 69. Prince George his Letter to the King 432 70. The Lord Churchill's Letter to the King 432 71. The Princess Ann of Denmark's Letter to the Queen 433 72. A Memorial of the Protestants of the Church of England presented to their Royal Hignesses the Prince and Princess of Orange 433 73. Admiral Herbert's Letter to all Commanders of Ships and Seamen in His Majesty's Fleet. 434 74. The Lord Delamere's Speech 434 75. An Engagement of the Noblemen Knights and Gentlemen at Exeter to assist the Prince of Orange in the defence of the Protestant Religion Laws and Liberties of the People of England Scotland and Ireland 435 76. The Declaration of the Nobility Gentry and Commonalty at the Rendezvouz at Nottingham November 22. 1688. 436 77. His Grace the Duke of Norfolk's Speech to the Mayor of Norwich on the 1st of December in the Market-place of Norwich 437 78. The Speech of the Prince of Orange to some principal Gentlemen of Somersetshire and Dorsetshire on their coming to join his Highness at Exeter Novemb. 15. 1688. 437 79. The True Copy of a Paper delivered by the Lord Devonshire to the Mayor of Darby where he Quartered Novemb. 21. 1688. 438 80. A Letter from a Gentleman at Kings-Lynn Decemb. 7. 1688. to his Friend in London With an Address to his Grace the most Noble Henry Duke of Norfolk Lord Marshall of England Ibid. 81. His Grace's Answer with another Letter from Lynn-Regis giving the D. of Norfolk's 2d Speech there Decemb. 10. 1688. 439 82. The Declaration of the Lord 's Spiritual and Temporal in and about the Cities of London and Westminster Assembled at Guild-Hall Decemb. 11. 1688. Ibid. 83. A Paper delivered to his Highness the Prince of Orange by the Commissioners sent by His Majesty to treat with him and his Highness's Answer 1688. 440 84. The Recorder of Bristoll's Speech to his Highness the Prince of Orange Monday Jan. 7. 1688. 441. 85. The Humble Address of the Lieutenancy of the City of London to his Highness the Prince of Orange Decemb. 12. 1688. 442 86. The Humble Address of the Lord Mayor Aldermen and Commons of the City of London in Common-Council Assembled to his Highness the Prince of Orange 443 87. The Speech of Sir Geo. Treby Knight Recorder of the Honourable City of London to his Highness the Prince of Orange Decemb. 20. 1688. Ibid. 88. His Highness the Prince of Orange's Speech to the Scotch Lords and Gentlemen with their Advice and his Highness's Answer with a true Account of what past at their meeting in the Council Chamber at White-Hall Jan. 7. 1688 9. 444 89. The Emperor of Germany's Account of K. James's Misgovernment in joining with the K. of France the Common Enemy of Christendom in his Letter to K. James 446 90. The Declaration of the Lords Spiritual and Temporal and Commons Assembled at Westminster concerning the Misgovernment of K. James and filling up the Throne Presented to K. William and Q. Mary by the Right Honourable the Marquess of Hallifax Speaker to the House of Lords with His Majesty's Most Gracious Answer thereunto 447 91. A Proclamation Declaring William and Mary Prince and Princess of Orange to be King and Queen of England France and Ireland c. 449 92. The Declaration of the Estates of Scotland concerning the Misgovernment of K. James the 7th
a mind to Conquer us I read in the Scripture so base a Character of none as of them who are neither hot nor cold And able Statesmen have always reproved this kind of Tepidness or Half-conduct to be both unuseful and dangerous Media via nec Amicos parat nec Inimicos tollit Wherefore England must of necessity either preserve the Low-Countries against the Usurpation of the French which is our Bulwark or raise a new Fence that shall shelter us from being conquered To preserve the first then Spain must be assisted from hence and to make a new Rampart we must divide the Spoil with France Experience hath sufficiently shewn us that our Ports are not inaccessible and Reason demonstrates that those can never be secure from the like Attempts but by keeping a powerful Fleet out at Sea that we may be absolute Masters there 'T is a Maxim also which admits neither of exception nor diminution That a well-governed Kingdom is obliged to arm when War is kindled in the Neighbourhood And though we should resolve to take part neither with the one Interest nor the other yet we must be in a Posture to hinder the Torrent from coming upon our Land that so the Conquerour may not have a mind to extend his Conquests hitherwards Here then is the Charge of Arming which on this Conjuncture is inevitable the equipping of a Fleet and raising of Souldiers to be mutually entertained at the charge of the People if we do not speedily take some Party and all this Expence without Glory or hope to get any fruit by so unprofitable a Counsel wherein our Souldiers will never learn the Discipline of War or extract any Utility from such Prizes as being uncapable after this manner to share in the Booty or in the Victories and Treaties of Accommodation according to their several events Whereas by taking part either with Spain or France the Charge would be much less because he whom we aid would largely contribute towards it and the Prizes gotten at Sea might help to discharge the Expence both of the Naval and the Land-Forces And thus would our Souldiers be exercised and our Nation make a noise again abroad and regain the Reputation which we have of late but too ignominiously lost in the World For when our men shall be trained up daily in strict Discipline beyond Seas we shall by this means establish a Seminary of good and able fighting men at the Cost of others which will be the firm Pillars of the Party and render us considerable in the eyes of all our Neighbours Besides this course may be a vent so to discharge the Realm of ill humours and a great company of Idle persons which now being without Employment are a burthen to the Publick and who one day are capable too of disturbing the domestick Tranquility of the State whereas on the contrary what Success soever this War shall have we shall always find our Accompt in the end of an Accommodation whereof being thus prepared we cannot fail of having the principal benefit and part All these Considerations then seem unto me to be so convincing that they do oblige me absolutely to condemn the Opinion of Neutrality as inconsistent with our Glory Safety and Fundamental Reasons of State by concluding positively that we ought to lend an ear to those Propositions which shall be made unto us from all Parties and embrace those which shall be found to be most agreeable and convenient to the Interest of the Kingdom And in the interim to be the more considered by both these great Parties and better assured against all manner of Attempts my Advice is That without any longer loss of time a strong Fleet should be presently got ready and that as many days as we have to spare before the next Campagne since now every hour is precious that is not well spent as to this purpose may be employed to render us henceforwards necessary unto them whose Cause we shall resolve to embrace and as formidable to those against whom we intend to declare so that on both sides we may be the Commanders of the whole Affairs and give it respite or motion by the sole Rule of the Interests of England After that he had spoken thus I did observe by the Countenance of the other two persons that had not yet spoken that this Discourse did not displease them wherefore without any farther Reflection one of them briskly began to speak to this effect Your Reasons said he are so convincing that I do not only render my consent unto them without any Reply but mean to make use of them to serve as the Bass and Foundation of that Edifice which I have a long time meditated upon in order to the fundamental Maxims of State of this Nation Therefore without more ceremony or delay I see that we must act and take one of the two Parties For any other Counsel would be dangerous and destructive by exposing of us to a thousand Inconveniencies which all the humane Prudence imaginable cannot be capable of preventing or avoiding in process of time I remain also agreed with you that in the choice of which Party we are to take we ought not to consider more than just what our own Interest properly is which is the Rule of that conduct of Monarchs that as the Soul and the Spirit vivifying the whole Figure before us gives it motion in the Body of the State It rests then to Form the Consequences upon these Principles and decide which of the two Parties is the most convenient France offers Roses unto us Spain nothing but Thorns The first presents us with a Scheme of Conquests without Dangers the last with prospect of Dangers without Profit The one invites us to be their Companions of assured Victories of which they have already beaten the way the other doth sollicite us and implore our Aid only to help them out of the mire without any other Benefit than as the old Proverb says There 's your labour for your pains at the price of our Bloud and Lives If we shall engage in the Assistance of Spain in succouring them we run a Risco of being lost our selves without yet being able to re-establish them but by joyning with France we shall partake of the Spoiles with them which we can never by force be able to take out of their hands since the Progress of France is now arrived at such a point of Effect that all our Powers combined together are not sufficient to stop it and then both our Resistances and Succours will serve but to ruine the Spaniards the sooner and bring the Vengeance of the French upon our own heads And if Spain comes to sink under the Weight of the War all the burthen of that Fall centers upon England alone In fine 't is agitated therefore singly as to this particular Whether we will needs chuse to embark in a Vessel so driven with storms or in a Ship which sails at ease with
certain that in all Absolute Governments the poorest Countreys are always most favourably dealt with When the Ancient Nobility and Gentry there cannot enjoy their Royalties their Shrevaldoms and their Stewardaries which they and their Ancestors have possessed for several hundreds of years but that now they are enjoyned by the Lords of the Council to make Deputations of their Authorities to such as are their known Enemies Can we expect to enjoy our Magna Charta long under the same Persons and Administration of Affairs If the Council-Table there can Imprison any Nobleman or Gentleman for several years without bringing him to Trial or giving the least Reason for what they do can we expect the same Men will preserve the Liberty of the Subject here I will acknowledge I am not well vers'd in the particular Laws of Scotland but this I do know that all the Nothern Countries have by their Laws an undoubted and inviolable Right to their Liberties and Properties yet Scotland hath out-done all the Eastern and Southern Countries in having their Lives Liberties and Estates subjected to the Arbitrary Will and Pleasure of those that Govern They have lately plundered and harrassed the richest and wealthiest Countries of that Kingdom and brought down the Barbarous Highlanders to devour them and all this without almost a colourable Pretence to do it Nor can there be found a Reason of State for what they have done but that those wicked Ministers designed to procure a Rebellion at any Rate which as they managed was only prevented by the miraculous Hand of God or otherwise all the Papists in England would have been Armed and the fairest Opportunity given in the just time for the Execution of that Wicked and Bloudy Design the Papists had and it is not possible for any Man that duly considers it to think other but that those Ministers that Acted that were as guilty of the Plot as any of the Lords that are in question for it My Lords I am forced to speak this the plainer because till the Pressure be fully and clearly taken off from Scotland 't is not possible for me or any Thinking Man to believe that Good is meant us here We must still be upon our Guard apprehending that the Principle is not changed at Court and that these Men that are still in Place and Authority have that Influence upon the Mind of our Excellent Prince that he is not nor cannot be that to us that his own Nature and Goodness would incline him to I know your Lordships can order nothing in this but there are those that hear me can put a perfect Cure to it until that be done the Scottish Weed is like Death in the Pot Mors in Olla But there is something too now I consider that most immediately concerns us their Act of Twenty two thousand Men to be ready to invade us upon all Occasions This I hear that the Lords of the Council there have treated as they do all other Laws and expounded it into a standing Army of Six thousand Men. I am sure we have Reason and Right to beseech the King that that Act may be better considered in the next Parliament there I shall say no more for Scotland at this time I am afraid your Lordships will think I have said too much having no concern there But if a French Noble-Man should come to dwell in my House and Family I should think it concern'd me to ask what he did in France for if he were there a Felon a Rogue a Plunderer I should desire him to live elsewhere and I hope your Lordships will do the same thing for the Nation if you find the same cause My Lords give me leave to speak two or three Words concerning our other Sister Ireland thither I hear is sent Douglas's Regiment to secure us against the French Besides I am credibly informed that the Papists have their Arms restored and the Protestants are not many of them yet recovered from being the suspected Party the Sea-Towns as well as the In-land are full of Papists That Kingdom cannot long continue in the English Hands if some better Care be not taken of it This is in your Power and there is nothing there but is under your Laws therefore I beg that this Kingdom at least may be taken in consideration together with the State of England For I am sure there can be no Safety here if these Doors be not shut up and made sure THE INSTRUMENT OR Writing of Association THAT THE True Protestants of ENGLAND entred into IN THE Reign of Q. Elizabeth FOrasmuch as Almighty God hath Ordained Kings Queens and Princes to have Dominion and Rule over all their Subjects and to preserve them in the Possession and Observation of the true Christian Religion according to his holy Word and Commandment And in like sort that all Subjects should Love Fear and Obey their Soveraign Princes being Kings or Queens to the utmost of their Power at all times to withstand pursue and suppress all manner of Persons that shall by any means intend and attempt any thing dangerous or hurtful to the Honour States or Persons of their Soveraigns Therefore we whose Names are or shall be subscribed to this Writing being Natural Born Subjects of this Realm of England and having so gracious a Lady our Soveraign Elizabeth by the Ordinance of God our most rightful Queen Reigning over us these many Years with great Felicity to our inestimable Comfort And finding lately by divers Depositions Confessions and sundry Advertisements out of Foreign Parts from credible Persons well known to her Majesties Council and to divers others That for the furtherance and Advancement of some pretended Title to the Crown it hath been manifested that the Life of our gracious Soveraign Lady Queen Elizabeth hath been most dangerously to the Peril of her Person if Almighty God her perpetual Defender of his Mercy had not revealed and withstood the same By whose Life we and all other her Majesties True and Loyal Subjects do enjoy an inestimable benefit of Peace in this Land do for the Reasons and Causes before alledged not only acknowledge our selves most justly bound with our Lives and Goods for her Defence in her Safety to persecute suppress and withstand all such Intenders and all other her Enemies of what Nation Condition and Degree whatsoever they shall be or by what Council or Title they shall pretend to be her Enemies or to attempt any Harm upon her Person but do further think it our bounden Duties for the great Benefit of Peace Wealth and Godly Government we have more plentifully received these many Years under her Majesties Government then any of our Forefathers have done in any longer time of any other Progenitors Kings of this Realm Do declare and by this Writing make manifest our bounden Duties to our said Sovereign Lady for her Safety And to that end We and every of us First Calling to Witness the Name of Almighty God do Voluntarily and
most willingly bind our selves every one of us to the other joyntly and severally in the Band of one Firm and Loyal Society And do hereby Vow and Promise by the MAJESTY OF ALMIGHTY GOD That with our whole Powers Bodies Lives and Goods and with our Children and Servants We and every of us will faithfully serve and humbly obey our said Sovereign Lady Queen Elizabeth against all States Dignities and Earthly Powers whatsoever and will as well with our joynt and particular Forces during our Lives withstand offend and pursue as well by Force of Arms as by all other means of Revenge all manner of Persons of what State soever they shall be and their Abettors that shall attempt any Act Council or Consent to any thing that shall tend to the Harm of her Majesties Royal Person and will never desist from all manner of Forcible Pursuit against such Persons to the utter Extermination of them their Counsellors Aiders and Abettors And if any such wicked Attempt against her most Royal Person shall be taken in hand or procured whereby any that have may or shall pretend Title to come to this Crown by the untimely Death of her Majesty so wickedly procured which God for his Mercy sake forbid may be avenged We do not only bind our selves both joyntly and severally never to Allow Accept or Favour any such pretended Successor by whom or for whom any such detestable Act shall be Attempted or Committed as unworthy of all Government in any Christian Realm or Civil State But do also further Vow and Protest as we are most bound and that in the Presence of the Eternal and Everlasting God to Prosecute such Person and Persons to Death with our joynt or particular Forces and to ask the utmost Revenge upon them that by any means we or any of us can devise and do or cause to be devised and done for their utter Overthrow and Extirpation And to the better Corroboration of this our Loyal Band and Association We do also testifie by this Writing that we do confirm the Contents hereof by our Oaths corporally taken upon the Holy Evangelist with this express Condition That no one of us shall for any respect of Persons or Causes or for Fear or Reward separate our selves from this Association or fail in the Prosecution thereof during our Lives upon pain of being by the rest of us prosecuted and supprest as perjur'd Persons and as Publick Enemies to God our Queen and to our Native Country To which Punishment and Pains we do voluntarily submit ourselves and every of us without Benefit of any Colour or Pretence In Witness of all which Premises to be inviolably kept we do to this Writing put our Hands and Seals and shall be most ready to accept and admit any other hereafter to this Society and Association The ACT of Parliament of the 27th of Queen Elizabeth in Confirmation of the same FOrasmuch as the good Felicity and Comfort of the whole Estate of this Realm consisteth only next under God in the Surety and Preservation of the Queens most excellent Majesty And for that it hath manifestly appeared that sundry wicked Plots and Means have of late been devised and laid as well in Foreign Parts beyond the Seas as also within this Realm to the great indangering of his Highness most Royal Person and to the utter Ruine of the whole Commonweal if by Gods merciful Providence the same had not been revealed Therefore for preventing of such great Perils as might hereafter otherwise grow by the like detestable and divilish Practices at the humble Suit and earnest Petition and Desire of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same Parliament Be it Enacted and Ordained if at any Time after the end of this present Session of Parliament any open Invasion or Rebellion shall be had or made into or within any of Her Majesties Realms or Dominions or any Act attempted tending to the hurt of her Majesties most Royal Person by or for any Person that shall or may pretend any Title to the Crown of this Realm after her Majesties Decease or if any thing shall be compassed or imagined tending to the hurt of her Majesties Royal Person by any person or with the Privity of any person that shall or may pretend Title to the Crown of this Realm that then by Her Majesties Commission under Her Great Seal the Lords and other of Her Highness Privy Council and such other Lords of Parliament to be Named by her Majesty as with the said Privy Council shall make up the Number of Four and twenty at the least ving with them for their Assistance in that behalf such of the Judges of the Courts of Record at Westminster as Her Highness shall for that purpose assign and appoint or the more part of the same Council Lords and Judges shall by virtue of the Act have Authority to examine all and every the Offences aforesaid and all Circumstances thereof and thereupon to give Sentence or Judgment as upon good proof the matter shall appear unto them And that after such Sentence or Judgment given and Declaration thereof made and published by Her Majesties Proclamation under the Great Seal of England all persons against whom such Sentence or Judgment shall be so given and published shall be excluded and disabled for ever to have or claim or to pretend to have or claim the Crown of this Realm or of any Her Majesties Dominions any former Law or Statute whatsoever to the contrary in any wise notwithstanding And that thereupon All Her Highness Subjects shall and may lawfully by virtue of this Act and Her Majesties Direction in that behalf by forcible and possible means pursue to Death every such wicked person by whom or by whose means assent or privity any such Invasion or Rebellion shall be in Form aforesaid denounced to have been made or such wicked Act attempted or other thing compassed or imagined against Her Majesties Person and all their Aiders Comforters and Abettors And if any such detestible Act shall be Executed against her Highness most Royal Person whereby Her Majesties Life shall be taken away which God of his great mercy forbid that then every such person by or for whom any such Act shall be executed and their Issues being any wise assenting or privy to the same shall by virtue of this Act be excluded and disabled for ever to have or claim or pretend to have or claim the said Crown of this Realm or of any other Her Highness Dominions any former Law or Statute whatsoever to the contrary in any wise notwithstanding And that all the Subjects of this Realm and all other Her Majesties Dominions shall and may lawfully by virtue of this Act by all forcible and possible means pursue to Death every such wicked Person by whom or by whose means any such detestible Fact shall be in Form hereafter expressed denounced to have been
Alliances can be made for the advantage of the Protestant Religion and Interest which shall give confidence to your Majesty's Allies to joyn so vigorously with your Majesty as the State of that Interest in the World now requires while they see this Protestant Kingdom in so much danger of a Popish Successor by whom at the present all their Councils and Actions may be eluded as hitherto they have been and by whom if he should succeed they are sure to be destroyed We have thus humbly laid before your Majesty some of those great Dangers and Mischiefs which evidently accompany the expectation of a Popish Successor The certain and unspeakable Evils which will come upon your Majesty's Protestant Subjects and their posterity if such a Prince should inherit are more also than we can well enumerate Our Religion which is now so dangerously shaken will then be totally overthrown Nothing will be left or can be found to protect or defend it The execution of old Laws must cease and it will be vain to expect new ones The most sacred Obligations of Contracts and Promises if any should be given that shall be judged to be against the interest of the Romish Religion will be violated as is undeniable not only from Argument and Experience elsewhere but from the sad experience this Nation once had on the like occasion In the Reign of such a Prince the Pope will be acknowledged Supream though the Subjects of this Kingdom have sworn the contrary and all Causes either as Spiritual or in order to Spiritual Things will be brought under his Jurisdiction The Lives Liberties and Estates of all such Protestants as value their Souls and their Religion more than their secular Concernments will be adjudged forfeited To all this we might add That it appears in the discovery of the Plot that Forreign Princes were invited to assist in securing the Crown to the Duke of York with Arguments from his great Zeal to establish Popery and to extirpate Protestants whom they call Hereticks out of his Dominions and such will expect performance accordingly We further humbly beseech Your Majesty in Your great Wisdom to consider Whether in case the Imperial Crown of this Protestant Kingdom should descend to the Duke of York the opposition which may possibly be made to his possessing it may not only endanger the farther descent in the Royal Line but even Monarchy it self For these Reasons we are most humble Petitioners to your most Sacred Majesty That in tender commiseration of your poor Protestant people Your Majesty will be gratiously pleased to depart from the Reservation in Your said Speech and when a Bill shall be tendred to your Majesty in a Parliamentary way to disable the Duke of York from inheriting the Crown Your Majesty will give your Royal Assent thereto and as necessary to fortify and defend the same that your Majesty will likewise be gratiously pleased to Assent to an Act whereby your Majesty's Protestant Subjects may be enabled to Associate themselves for the defence of your Majesty's Person the Protestant Religion and the Security of your Kingdoms These Requests we are constrained Humbly to make to your Majesty as of absolute Necessity for the safe and peaceable Enjoyment of our Religion Without these things the Alliances of England will not be valuable nor the People encouraged to contribute to your Majesties Service As some farther means for the Preservation both of our Religion and Propriety We are Humble Suiters to your Majesty that from henceforth such Persons onely may be Judges within the Kingdom of England and Dominion of Wales as are Men of Ability Integrity and known Affection to the Protestant Religion And that they may hold both their Offices and Sallaries Quam diu se bene gesserint That several Deputy-Lieutenants and Justices of the Peace fitly qualified for those Imployments having been of late displaced and others put in their room who are Men of Arbitrary Principles and Countenancers of Papists and Popery such only may bear the Office of a Lord-Lieutenant as are Persons of integrity and known Affection to the Protestant Religion That Deputy-Lieutenants and Justices of the Peace may be also so qualified and may be moreover Men of Ability of Estates and interest in their Countrey That none may be Imployed as Military Officers or Officers in your Majesties Fleet but Men of known Experience Courage and Affection to the Protestant Religion These our Humble Requests being obtained we shall on our part be ready to Assist your Majesty for the Preservation of Tangier and for putting your Majesties Fleet into such a Condition as it may preserve your Majesties Soveraignty of the Seas and be for the Defence of the Nation If your Majesty hath or shall make any necessary Allyances for defence of the Protestant Religion and Interest and Security of this Kingdom this House will be ready to Assist and stand by your Majesty in the support of the same After this our humble Answer to your Majesties Gracious Speech we Hope no evil Instruments whatsoever shall be able to lessen your Majesties Esteem of that Fidelity and Affection we bear to your Majesties Service but that your Majesty will always retain in your Royal Breast that Favourable Opinion of us your Loyal Commons that those other Good Bills which we have now under Consideration Conducing to the Great Ends we have before mentioned as also all Laws for the Benefit and Comfort of your People which shall from time to time be tendred for your Majesties Royal Assent shall find acceptance with your Majesty The Report of the Committee of the Commons appointed to Examine the Proceedings of the Judges c. THis Committee being Inform'd that in Trinity-Term last the Court of Kings-Bench discharg'd the Grand Jury that serv'd for the Hundred of Ossulston in the County of Middlesex in a very unusual manner proceeded to enquire into the same and found by the Information of Charles Umfrevil Esq Foreman of the said Jury Edward Proby Henry Gerard and John Smith Centlemen also of the said Jury That on the 21st of June last the Constables attending the said Jury were found Defective in not presenting the Papists as they ought and thereupon were ordered by the said Jury to make further Presentments of them on the 26. following on which Day the Jury met for that purpose when several Peers of this Realm and other Persons of Honour and Quality brought them a Bill against James Duke of York for not coming to Church But some exceptions being taken to that Bill in that it did not set forth the said Duke to be a Papist some of the Jury Attended the said persons of Quality to receive satisfaction therein In the mean time and about an Hour after they had received the said Bill some of the Jury attended the Court of Kings-Bench with a Petition which they desired the Court to present in their Name unto His Majesty for the Sitting of this Parliament Upon which the Lord
lie under for want thereof 5. That you will use your utmost Endeavours to put a Brand upon those abominable Monsters which were the Pensioners in the late Long Parliament that thereby the Generations to come may be deterr'd from Attempting the like unheard of Villainy 6. That you will vigorously and carefully represent to the rest of your Fellow Members the present Condition of the Royal Navy as also of the Stores Castles and Forts which are under God the Bulwarks of England and that such effectual Ways and Means may be found out and prosecuted for the better Securing and Improving the Navy as also That none may be employed therein but such Persons who are of known Integrity and Loyalty both to the King and Nation and that all Debauch'd and Unskilful Persons now employ'd may be removed and Men fearing God loving Truth and hating Covetousness may be put into their Places that so our present Fears may be abated and thereby the dreadful growing Power of France may be timely check'd Gentlemen In the pursuance of these good Ends and such other as you shall think conducing to the Happiness of the King and Kingdom we shall stand by you with our Lives and Fortunes There were many more Addresses of like Nature and Purport made from divers other Parts of the Realm true Copies of which are not yet come to our hands But indeed the Re-election of so many of the former Members is it self a general Address and loudly speaks it The Voice of the People which we trust will be ratified by the Voice of Heaven No Popish Successor no French Slavery THE SPEECH Of the Honourable Henry Booth Esq Spoken in Chester March 2. 1680 1. at his being Elected one of the Knights of the Shire for that County to serve in the Parliament Summon'd to meet at Oxford the Twenty first of the said Month. Gentlemen and Countrymen I Must acknowledge that God hath been good unto me from my Cradle to this moment and of all his Providences to me there is none for which I have greater reason to bless his Holy Name than that he hath enabled me to govern my self and actions so as to gain your good opinion and kindness and I cannot but own I have your favour accompanied with all the obliging Circumstances imaginable for the first time that you were pleased to command my Service was in the Eighteen Years Parliament upon the death of Sir Foulk Lucy who had served you faithfully in that Parliament and though I was raw and unacquainted with those affairs and without any Tryal of my Integrity you ventured all you had in my hands at a time when England was in danger to be lost for want of a Vote For that Parliament chiefly consisted of such as sold their Country for private advantage and would have sold their King too if they could have made a better market I served you some time in that parliament at last it was Dissolved and a new one called and then as if you had approved of what I did you thought fit to imploy me again in that Service though you laid him aside who had been my Collegue that Parliament continued not long but was Dissolved and a new one called and then again a third time you thought me fit to represent you in Parliament though as you had done before you set him aside whom you had sent along with me and Chose a new one in his room but why you did me so Singular an honour as to continue me in your Service two Parliaments together and did not the like to the other Gentlemen it is not for me to give the reasons of it those are best known to your selves This is now the fourth time that I have waited on you on the like occasion and it is not a lessening of your former kindness that you have not changed my former Partner but rather a Confirmation of it because that the first time you have continued him is when he appears to be of my opinion and that which still adds weight to your kindness is that notwithstanding all this stir this bustle this unnecessary Charge and expence all the Stories by which I have been traduced you have not been prevailed upon to withdraw or diminish your favour Gentlemen I humbly beg your Patience to speak a few words in answer to what they say of me lest by Silence I may seem to cry Amen to their reports and Stories the first thing they reported was that I would not stand again but would decline your Service but withall they give no reason for it only it is so because they said it but what reason there is to contradict them now who said so the last time and how true it was you well remember So that this being the Second time that they have told you the self same falshoods I hope for the future that others will believe them as little as you have done It was reported that I was kill'd without giving any reasons or circumstances and that to this also they expected an implicit belief I wish they are not for an implicit faith in all things It was truly an excellent Artifice to threap you out of your Votes yet had I been kill'd had it been for your Service I should have thought my self well bestowed and rather meet than avoid the occasion of my Death They tell you also that I 〈◊〉 very obnoxious to the King but they do not tell you that I am restored to ●ny former Station of my Commission of the Peace without seeking or desiring it it cannot be imagined that his Majesty would be so Gracious to a man of whom he hath an ill opinion and it is a reflection to his Majesty to think he will do a thing of that Nature out of any regard whatsoever but when a thing carries its weight and reasons with it so that by this you may discern how all their reports are grounded being rather the effects of their desires than that the thing is truly so It seems the Gentlemen are much displeased that this County have frequently commanded those of my Family to serve them in Parliament they call it an entailing upon the Family but they are not pleased to vouchsafe the reasons why the Son may not be imployed as well as the Father in case he proves as fit for it but the truth is they would govern you and are angry that you will be your own chusers yet whether in this they design to serve you or their own ends I submit to your Judgment but as to my own particular they think the County highly that I have served you in several Parliaments Alas Gentlemen I know I am much inferiour in Parts and Learning to a great many but in saithfulness to your interest I will submit to no man but if you would observe it they would impose that upon you which they would not have done to themselves If they have a Servant who hath served them faithfully they
Praerogativas Ejusdem Et quod non intendo per hujusmodi juramentum vel juramenta quovis modo me obligare qui minus libere loqui consulere aut consentire valeam in omnibus singulis Reformationem Religionis Christianae Gubernationem Ecclesiae Anglicanae Praerogativam Coronae ejusdem Reipublicae vel commoditatem earundem quoquo modo concernentibus ea ubique exequi reformare quae mihi in Ecclesia Anglicana reformanda videbuntur Et secundum hanc interpretationem intellectum hunc non aliter nequa alia modo dictum juramentum me praestiturum protestor profiteor That is to say In the name of God Amen Before you c. It neither is nor shall be my will or meaning by this kind of Oath or Oaths and however the words of themselves shall seem to sound or signify to bind up my self by vertue hereof to say do or endeavour any thing which shall really be or appear to be against the Law of God or against our most Illustrious King of England or against his Laws and Prerogatives And that I mean not by this my Oath or Oaths any ways to bind up my self from speaking consulting and consenting freely in all and every thing in any sort concerning the Reformation of the Christian Religion the Government of the Church of England and the Prerogative of the Crown of the Commonwealth thereof or their advantage and from executing and reforming such things as I shall think need to be reformed in the Church of England And according to this Explanation and sense and not otherwise nor in any other manner do I protest and profess that I am to take and perform this Oath Nor did that excellent Person says Mr. Fuller smother this privately in a corner but publickly interposed it three several times once in the Charter-house before authentick Witnesses again upon his bended knees before the high Altar in view and hearing of many People and Bishops beholding him when he was consecrated and the third time when he received the Pall in the same place Now would it not be very strange if the like liberty should not be allowed to the Earl under His Majesty in reference to the Test which Henry the VIIIth a Prince that stood as much on his Prerogative as ever any did vouchsafe to this Thomas Cranmer who as another Historian observes acted fairly and above-board But there wanted then the high and excellent Designs of the great Ministers the rare fidelity of Councellors sound Religion and tender piety of Bishops solid Law and Learning of Advocates incorruptible Integrity of Judges and upright honesty of Assizers that now we have to get Archbishop Cranmer accused and condemned for Leasing-making depraving Laws Perjury and Treason to which Accusation his Explanation was certainly no less obnoxious than the Earl's But I hasten to the fourth and last Head of the Earl's Additional Defences viz. The removing certain groundless Pretences alledged by the Advocate for aggravating the Earl's Offence As 1. That the Earl being a Peer and Member of Parliament should have known the sense of the Parliament and that neither the Scruples of the Clergy nor the Council's Proclamation designed for meer Ignorants could any way excuse the Earl for offering such an Explanation But first the Advocate might have remembred that in another Passage he taxes the Earl as having debated in Parliament against the Test whereby it is easie to gather that the Earl having been in the matter of the Test a dissenter this quality doth rather justify than aggravate the Earl's Scrupling 2dly If the Proclamation was designed for the meer Ignorants of the Clergy as the Advocate calls them who knew nothing of what had past in Parliament an Explanation was far more necessary for the Earl who knows so little of what the Advocate alledges to have past in Parliament viz. That the Confession of Faith was not to be sworn to as a part of the Test that of necessity as I think he must know the contrary Inasmuch as first this is obvious from the express tenor of the Test which binds to own and profess the true Protestant Religion contained in the Confession of Faith and to believe the same to be agreeable to the Word of God as also to adhere thereto and never to consent to any change contrary to or inconsistent with the said Protestant Religion and Confession of Faith Which to common sense appears as plain and evident as can be contrived or desired But 2dly It is very well known that it was expresly endeavoured and carried in Parliament that the Confession of Faith should be a part of the Test and Oath For the Confession of Faith being designed to be sworn to by an Act for securing the Protestant Religion which you have heard was prepared in the Articles but afterwards thrown out when this Act for the Test was brought into the Parliament some days after by the Bishop of Edinburgh and others the Confession was designedly left out of it But it being again debated that the bare naming of the Protestant Religion without condescending on a Standard for it was not sufficient the Confession of Faith was of new added And after the affirmative Clause for owning it and adhering to it was insert upon a new motion the negative never to consent to any alteration contrary to or inconsistent with the said Protestant Religion and Confession of Faith was also subjoined But not without a new debate and opposition made against the words And Confession of Faith by the Bishop of Edinburgh until at length he also yielded All which it is hoped was done for some purpose And if at that time any had doubted of the thing he had certainly been judged most ridiculous For it was by that addition concluded by all That the Confession was to be sworn And further it appears plainly by the Bishop of Edinburgh his Vindication that when he wrote it he believed the Confession was to be sworn to for he takes pains to justify it though calumniously enough alledging That it was hastily compiled in the short space of four days by some Barons and Ministers in the infancy of our Reformation Where by the by you see that he makes no reckoning of what the Act of Parliament to which the Test refers expresly bears viz. That that second Ratification 1567. which we only have recorded was no less then seven years after this Confession was first exhibited and approven Anno 1560. But moreover he tells us That the Doctors of Aberdeen who refused the Covenant were yet willing not only to subscribe but to swear this Confession of Faith Which again to answer the Bishops Critick of Four days was more than 70. years after it was universally received It 's true that when the Bishop finds himself straitned how to answer Objections he is forced to make use of the new Gloss I shall not call it of Orleans whereby the Protestant Religion is made to be
Administration of Justice Belongeth to the Office of a King But the fullest account of it in few words is in Chancellor Fortescue Chap. XIII which Passage is quoted in Calvin's Case Coke VII Rep. Fol 5. Ad Tutelam namque Legis Subditorum ac eorum Corporum bonorum Rex hujusmodi erectus est ad hanc potestatem a populo effluxam ipse habet quo ei non licet potestate alia suo populo Dominari For such a King That is of every Political Kingdom as this is is made and ordained for the Defence or Guardianship of the Law of his Subjects and of their Bodies and Goods whereunto he receiveth power of his People so that he cannot Govern his People by any other power Corollary 1. A Bargain 's a Bargain 2. A Popish Guardian of Protestant Laws is such an Incongruity and he is as Unfit for that Office as Antichrist is to be Christ's Vicar CHAP. II. Of Prerogatives by Divine Right I. GOvernment is not matter of Revelation if it were then those Nations that wanted Scripture must have been without Government whereas Scripture it self says That Government is The Ordinance of Man and of Humane Extraction And King Charles the First says of this Government in particular That it was Moulded by the Wisdom and Experience of the People Answ to XIX Prop. II. All just Governments are highly Beneficial to Mankind and are of God the Author of all Good they are his Ordinances and Institutions Rom. 13.1 2. III. Plowing and Sowing and the whole business of preparing Bread-Corn is absolutely necessary to the subsistence of Mankind This also cometh forth from the Lord of Hosts who is wonderful in Counsel and excellent in Working Isa 28. from 23. to 29th Verse IV. Wisdom saith Counsel is mine and sound Wisdom I am Vnderstanding I have strength By me Kings Reign and Princes decree Justice By me Princes Rule and Nobles even all the Judges of the Earth Prov. 8.14 V. The Prophet speaking of the Plowman saith His God doth instruct him to discretion and doth teach him Isa 28.26 VI. Scripture neither gives nor takes away Mens Civil Rights but leaves them as it found them and as our Saviour said of himself is no Divider of Inheritances VII Civil Authority is a Civil Right VIII The Law of England gives the King his Title to the Crown For where is it said in Scripture That such a Person or Family by Name shall enjoy it And the same Law of England which has made him King has made him King according to the English Laws and not otherwise IX The King of England has no more Right to set up a French Government than the French King has to be King of England which is none at all X. Render unto Caesar the things which are Caesars neither makes a Caesar nor tells who Caesar is nor what belongs to him but only requires Men to be just in giving him those supposed Rights which the Laws have determined to be his XI The Scripture supposes Property when it forbids Stealing it supposes Mens Lands to be already Butted and Bounded when it forbids removing the antient Land-marks And as it is impossible for any Man to prove what Estate he has by Scripture or to find a Terrier of his Lands there so it is a vain thing to look for Statutes of Prerogative in Scripture XII If Mishpat Hamelech the manner of the King 1 Sam. 8.11 be a Statute of Prerogative and prove all those particulars to be the Right of the King then Mishpat Haccohanim the Priest's custom of Sacrilegeous Rapine Chap. 2.13 proves that to be the Right of the Priests the same wood being used in both places XIII It is the Resolution of all the Judges of England that even the known and undoubted Prerogatives of the Jewish Kings do not belong to our Kings and that it is an absurd and impudent thing to affirm they do Coke 11. Rep. p. 63. Mich. 5. Jac. Give us a King to Judge us 1 Sam. 8.5 6 20. Note upon Sunday the Tenth of November in this same Term the King upon Complaint made to him by Bancroft Archbishop of Canterbury concerning Prohibitions was informed that when Question was made of what matters the Ecclesiastical Judges have Cognizance either upon the Exposition of the Statutes concerning Tythes or any other Thing Ecclesiastical or upon the Statute 1 Eliz. concerning the High Commission or in any other Case in which there is not express Authority by Law the King himself may decide it in his Royal person and that the Judges are but the Delegates of the King and that the King may take what Causes he shall please to determine from the Determination of the Judges and may determine them himself And the Archbishop said That this was clear in Divinity That such Authority belongs to the King by the Word of God in Scripture To which it was answered by me in the presence and with the clear consent of all the Justices of England and Barons of the Exchequer That the King in his own person cannot adjudge any Case either Criminal as Treason Felony c. but this ought to be determined and adjusted in some Court of Justice according to the Law and Custom of England And always Judgments are given Ideo consideratum est per Curiam so that the Court gives the Judgment And it was greatly marvelled That the Archbishop durst inform the King that such absolute power and authority as is aforesaid belonged to the King by the Word of God CHAP. III. Of OBEDIENCE I. NO Man has any more Civil Authority than what the Law of the Land has vested in him Nor is he one of St. Paul's Higher Powers any farther or to any other purposes than the Law has impowr'd him II. An Usurped Illegal and Arbitrary power is so far from being the Ordinance of God that it is not the Ordinance of Man III. Whoever opposes an Usurped Illegal and Arbitrary Power does not oppose the Ordinance of God but the Violation of that Ordinance IV. The 13. of the Romans commands Subjection to our Temporal Governours Verse 4. because their Office and Imployment is for the publick welfare For he is the Minister of God to Thee for Good V. The 13. of the Hebrews commands Obedience to spiritual Rulers Verse 17. Because they watch for your Souls VI. But the 13. of the Hebrews did not oblige the Martyrs and Confessors in Queen Mary's Time to obey such blessed Bishops as Bonner and the Beast of Rome who were the perfect Reverse of St. Paul's Spiritual Rulers and whose practice was murthering of Souls and Bodies according to the true Character of Popery which was given it by the Bishops who compiled the Thanksgiving for the Fifth of November but Archbishop Laud was wiser than they and in his time blotted it out The Prayer formerly run thus To that end strengthen the Hands of our Gracious King the Nobles and Magistrates of the
Good and Faithful Subjects to Us and our Royal Predecessors by hazarding and many of them actually losing their Lives and Fortunes in their Defence though of another Religion and the Maintenance of their Authority against the Violences and Treasons of the most violent Abettors of these Laws Do therefore with Advice and Consent of Our Privy Council by Our Soveraign Authority Prerogative Royal and Absolute Power aforesaid Suspend Stop and disable all Laws or Acts of Parliament Customs or Constitutions made or executed against any of our Roman Catholick Subjects in any time past to all intents and purposes making void all Prohibitions therein mentioned pains or penalties therein ordain'd to be Inflicted so that they shall in all things be as free in all Respects whatsoever not only to Exercise their Religion but to enjoy all Offices Benefices and others which We shall think fit to bestow upon them in all time coming Nevertheless it is our Will and Pleasure and we do hereby command all Catholicks at their highest Pains only to Exercise their Religious Worship in Houses or Chappels and that they presume not to Preach in the open Fields or to invade the Protestant Churches by force under the pains aforesaid to be inflicted upon the Offenders respectively nor shall they presume to make Publick Processions in the High-Streets of any of Our Royal Burghs under the Pains above mentioned And whereas the Obedience and Service of our good Subjects is due to Us by their Allegiance and Our Soveraignty and that no Law Custom or Constitution Difference in Religion or other Impediment whatsoever can exempt or discharge the Subjects from their Native Obligations and Duty to the Crown or hinder us from Protecting and Employing them according to their several Capacities and Our Royal Pleasure nor Restrain Us from Conferring Heretable Rights and Priviledges upon them or vacate or annul these Rights Heretable when they are made or conferred And likewise considering that some Oaths are capable of being wrested by men of sinistrous Intentions a practice in that Kingdom fatal to Religion as it was to Loyalty Do therefore with Advice and Consent aforesaid Cass Annul and Discharge all Oaths whatsoever by which any of Our Subjects are incapacitated or disabled from holding Places or Offices in our said Kingdom or enjoy their Hereditary Right and Priviledges discharging the same to be taken or given in any time coming without Our special Warrant and Consent under the pains due to the Contempt of Our Royal Commands and Authority And to this effect We do by Our Royal Authority aforesaid Stop Disable and Dispense with all Laws enjoyning the said Oaths Tests or any of them particularly the first Act of the first Session of the first Parliament of King Charles the Second the Eleventh Act of the foresaid Session of the foresaid Parliament the sixth Act of the third Parliament of the said King Charles the twenty first and twenty fifth Acts of that Parliament and the thirteenth Act of the first Session of * Our late Parliament in so far allanerly as concerns the taking the Oaths or Tests therein prescrib'd and all others as well not mentioned as mentioned and that in place of them all our good Subjects or such of them as We or our Privy Council shall require so to do shall take and swear the following Oath allanerly I A. B. do acknowledge testifie and declare that JAMES the Seventh by the Grace of God King of Scotland England France and Ireland Defender of the Faith c. is rightful King and Supream Governour of these Realms and over all persons therein and that it is unlawful for Subjects on any pretence or for any cause whatsoever to rise in Arms against Him or any Commissionated by Him and that I shall never so rise in Arms nor assist any who shall so do and that I shall never resist His Power or Authority nor ever oppose His Authority to His Person as I shall answer to God but shall to the utmost of my power Assist Defend and Maintain Him His Heirs and Lawful Successors in the Exercise of their Absolute Power and Authority against all Deadly So help me God And seeing many of Our good Subjects have before Our pleasure in these Matters was made publick incurred the Guilt appointed by the Acts of Parliament above-mentioned or others We by Our Authority and Absolute Power and Prerogative Royal above-mentioned of Our certain Knowledge and innate Mercy give Our ample and full Indemnity to all those of the Roman Catholick or Popish Religion for all things by them done contrary to Our Laws or Acts of Parliament made in any time past relating to their Religion the Worship and Exercise thereof or for being Papists Jesuits or Traffickers for hearing or saying of Mass concealing of Priests or Jesuits breeding their Children Catholicks at home or abroad or any other thing Rite or Doctrine said performed or maintained by them or any of them And likewise for holding or taking of Places Employments or Offices contrary to any Law or Constitution Advices given to Us or our Council Actions done or generally any thing perform'd or said against the known Laws of that Our Ancient Kingdom Excepting always from this Our Royal Indemnity all Murthers Assassinations Thefts and such like other Crimes which never used to be comprehended in Our General Acts of Indemnity And We command and require all Our Judges or others concerned to explain this in the most ample Sense and Meaning Acts of Indemnity at any time have contained Declaring this shall be as good to every one concerned as if they had Our Royal Pardon and Remission under Our Great Seal of that Kingdom And likewise indemnifying Our Protestant Subjects from all pains and penalties due for hearing or preaching in Houses providing there be no Treasonable Speeches uttered in the said Conventicles by them in which case the Law is only to take place against the Guilty and none other present providing also that they Reveal to any of Our Council the Guilt so committed As also excepting all Fines or Effects of Sentences already given And likewise Indemnifying fully and freely all Quakers for their Meetings and Worship in all time past preceeding the publication of these presents And we doubt not but Our Protestant Subjects will give their Assistance and Concourse hereunto on all Occasions in their Respective Capacities In consideration whereof and the ease those of Our Religion and others may have hereby and for the Encouragement of Our Protestant Bishops and the Regular Clergy and such as have hitherto lived orderly We think fit to declare that it never was Our Principle nor will We ever suffer Violence to be offered to any Man's Conscience nor will We use Force or Invincible Necessity against any Man on the account of his Perswasion nor the Protestant Religion but will protect Our Bishops and other Minsters in their Functions Rights and Properties and all Our Protestant Subjects in the free Exercise of their
and it seems they intend to make us know that part of their Doctrine even before we come to feel it since tho' some of that Communion would take away the horror which the Fourth Council of the Lateran gives us in which these things were decreed by denying it to be a General Council and rejecting the Authority of those Canons yet the most learned of all the Apostates that has fallen to them from our Church has so lately given up this Plea and has so formally acknowledged the Authority of that Council and of its Canons that it seems they think they are bound to this piece of fair dealing of warning us before hand of our Danger It is true Bellarmin says The Church does not always execute the Power of Deposing Heretical Princes tho' she always retains it one Reason that he assigns is Because she is not at all times able to put it in Execution so the same reason may perhaps make it appear unadviseable to Extirpate Hereticks because that at present it cannot be done but the Right remains intire and is put in execution in such an unrelenting manner in all places where that Religion prevails that it has a very ill Grace to see any Member of that Church speak in this strain and when neither the Policy of France nor the Greatness of their Monarch nor yet the Interests of the Emperour joyned to the Gentleness of his own temper could withstand these Bloody Councils that are indeed parts of that Religion we can see no reason to induce us to believe that a Toleration of Religion is proposed with any other design but either to divide us or to lay us asleep till it is time to give the Alarm for destroying us IV. If all the Endeavours that have been used in the last four Reigns for bringing the Subjects of this Kingdom to an Unity in Religion have been ineffectual as His Majesty says we know to whom we owe both the first beginnings and the progress of the Divisions among our selves the gentleness of Queen Elizabeth's Government and the numbers of those that adhered to the Church of Rome made it scarce possible to put an end to that Party during her Reign which has been ever since restless and has had Credit enough at Court during the three last Reigns not only to support it self but to distract us and to divert us from apprehending the danger of being swallowed up by them by fomenting our own Differences and by setting on either a Toleration or a Persecution as it has happened to serve their Interests It is not so very long since that nothing was to be heard at Court but the supporting the Church of England and the Extirpating all the Nonconformists and it were easie to name the persons if it were decent that had this in their mouths but now all is turned round again the Church of England is in Disgrace and now the Encouragement of Trade the Quiet of the Nation and the Freedom of Conscience are again in Vogue that were such odious things but a few Years ago that the very mentioning them was enough to load any Man with Suspicions as backward in the King's Service while such Methods are used and the Government as if in an Ague divided between hot and cold fits no wonder if Laws so unsteadily executed have failed of their effect V. There is a good reserve here left for Severity when the proper Opportunity to set it on presents it self for his Majesty declares himself only against the forcing of men in matters of meer Religion so that whensoever Religion and Policy come to be so interwoven that meer Religion is not the Case and that publick Safety may be pretended then this Declaration is to be no more claimed so that the fastning any thing upon the Protestant Religion that is inconsistent with the publick Peace will be pretended to shew that they are not persecuted for meer Religion In France when it was resolved to extirpate the Protestants all the Discourses that were written on that Subject were full of the Wars occasioned by those of the Religion in the last Age tho' as these was the happy occasions of bringing the House of Bourbon to the Crown they had been ended above 80 Years ago and there had not been so much as the least Tumult raised by them these 50 Years past so that the French who have smarted under this Severity could not be charged with the least Infraction of the Law yet Stories of a hundred years old were raised up to inspire into the King those Apprehensions of them which have produced the terrible effects that are visible to all the World There is another Expression in this Declaration which lets us likewise see with what Caution the Offers of favour are now worded that so there may be an Occasion given when the time and Conjuncture shall be favourable to break through them all it is in these words So that they take especial Care that nothing be preached or taught amongst them which may any ways tend to alienate the hearts of our People from Us or Our Government This in it self is very reasonable and could admit of no Exception if we had not to do with a set of men who to our great Misfortune have so much Credit with His Majesty and who will be no sooner lodged in the Power to which they pretend then they will make every thing that is preached against Popery pass for that which may in some manner alienate the Subjects from the King VI. His Majesty makes no doubt of the Concurrence of his Two Houses of Parliament when he shall think it convenient for them to meet The hearts of Kings are unsearchable so that it is a little too presumptuous to look into his Majesties secret thoughts but according to the Judgments that we would make of other mens thoughts by their Actions one would be tempted to think that his Majesty made some doubt of it since his Affairs both at home and abroad could not go the worse if it appeared that there was a perfect understanding between him and His Parliament and that his people were supporting him with fresh Supplies and this House of Commons is so much at his Devotion that all the World saw how ready they were to grant every thing that he could desire of them till he began to lay off the Mask with relation to the Test and since that time the frequent Prorogations the Closetting and the pains that has been taken to gain Members by Promises made to some and the Disgraces of others would make one a little inclined to think that some doubt was made of their Concurrence But we must confess that the depth of his Majesties Judgment is such that we cannot fathom it and therefore we cannot guess what his Doubts or his Assurances are It is true the words that come after unriddle the Mistery a little which are when his Majesty shall think it convenient for them to
the Pamphlet whereof I have here given you my thoughts was more than a Fortnight on the way or else you had received this sooner I am Dub●● 1688. SIR Your most Humble Servant A PLAIN ACCOUNT OF THE PERSECUTION Laid to the CHARGE of the Church of England THE Desire of Liberty to serve God in that Way and Manner which Men judge to be most acceptable to him is so Natural and Reasonable that they cannot but be extreamly provoked against those who would force them to serve him in any other But the Conceit withal which most Men have that their Way of Serving God is the only acceptable Way naturally inclines them when they have Power to use all Means to constrain all other to serve him in that way only So that Liberty is not more desired by all at one time than it is denied by the very same Persons at another Put them into different Conditions and they are not of the same Mind but have different Inclinations in one State from what they have in another As will be apparent by a short View of what hath passed in these Churches and Kingdoms within our Memory II. Before the late Civil Wars there were very grievous Complaints made of the Bishops that they pressed the Ceremonies so strictly as to inflict heavy Censures upon those called Puritans who could not in Conscience conform to them Now no sooner had those very Persons who thus complaned got their Liberty to do as they pleased but they took it quite away from the other and suquestred all those who would not enter into their Holy League and Covenant for the reforming all things according to the Model which they propounded Nay they were not willing to bear with Five Dissenting Brethren among themselves who could not conform to the Presbyterial Government And when these Dissenting Brethren commonly known by the Name of Independants had got a Party strong enough which carried all before them they would not allow the use of the Common Prayer in any Parish no not to the King himself in his own Chappel not grant to one of the old Clergy so much Liberty as to teach a School c. Which things I do not mention God knows to reproach those who were guilty of them but only to put them in mind of their own Failings that they may be humbled for them and not insult over the Church of England nor severely upbraid them with that which when time was they acted with a higher Hand themselves If I should report all that the Presbyterians did here and in Scotland and all that the Independants did here and in New England it would not be thought that I exceed the Truth when I say they have been more Guilty of this Fault than those whom they now charge with it Which doth not excuse the Church of England it must be confessed but doth in some Measure mitigate her Fault For the Conformable Clergy having met with such very hard Usage in that disinal Time wherein many of them were oppressed above Measure no wonder if the Smart of it then fresh in their Minds something imbittered their Spirits when God was preased by a wonderful Revolution to put them into Power again III. Then a stricter Act of Vnifamity was made and several Laws pursuant to it for the enforeing that Uniformity by severe Penalties But let it be remembred that none were by those Laws constrained to come to Church but had Liberty left them to serve God at Home and some Company with them in their own Way And let it be farther remembred that the Re●ion why they were denied their Liberty of meeting in greater Assemblies was because such Assemblies were represented as greatly endangering the publick Peace and Safety as the Words are in the very first Act of this Nature against ●uakers in the Year 1662. Let any one read the Oxford Act as it is commonly called made in the Year 1665. and that at Westminster in the Year 16●● and he will find them intended against Sed●●ous Conventicles That is they w●●● made them were persw●d●d by the J●su● I●terest at first to look upon such Meetings as Nurseries of Sedition where bad Principles were infused into Mens Minds destructive to the Civil Government If it had not been for this it doth not appear that the Contrivers of these Laws were inclined to such Severities as were thereby enacted but the N●nconformists might have enjoyed a larger Liberty in Religion It was not Religion alone which was considered and prerended but the publick Peace and Settlement with respect to which they were tyed up so straitly in the Exercise of their Religion Which to deal clearly I do not believe would have raught Rebellion but this was constantly insinuated by the Court Agents and it is no wonder if the Parliament who remembred how the Ministers of that Perswasion though indeed from the then Appearance of Popery had been the Principal Incouragers of that Defensive War against the King were easily made to believe that they still retained the same Principles and would propagate them if they were suffered among the People Certainly it is also that the Court made it their Care to have those Acts passed though at the same time they hindred their Execution that they might keep up both Parties in the height of their Animosities and especially that they might make the Church of England be both hated and despised by the Dissenters IV. Thus things continued for some time till wise Men began to see into the Secret and think of a Reconciliation But it was always hindred by the Court who never thought of giving Liberty by a Law but only by the Prerogative which could as cas●ly take it away There was a time for instance when a Comprehension c. was projected by several great Men both in Church and State for the taking as many as possible into Union with us and providing Ease for the rest Which so netled the late King that meeting with the then Arch-bishop of Canterbury he said to him as I perfectly remember What my Lord you are for a Comprehension To which he making such a Reply as signified he heard some were about it No said the King I will keep the Church of England pure and unmixed that is never suffer a Reconciliation with the Dissenters And when the Lords and Commons also had not many years ago passed a Bill for the Repealing of the most heavy of all the Penal Laws against Dissenters viz. the Statute of 35 Eliz. 1. which by the Parliament is made against the Wicked and dangerous Practices of Sediti●●● Sectaries and disloyal Persons his late Majesty so dealt with the Clerk of the Parliament that it was shuffled away and could not be found when it was to have been presented to him among other Bills for his Royal Consent unto it A notable Token of the Abhorrence the Court then had of all Penal Laws and of their great Kindness to Dissenters V. Who may
the Face to turn them again upon you after they have made all this Noise for Liberty And the Church of England you may be assured will not any more trouble you but when a Protestand Prince shall come will joyn in the Healing of all our Breaches by removing all things out of the way which have long hindred that blessed Work They cannot meet together in a Body to give you this Assurance how should they without the Kings Authority so to do but every particular Person that I have discoursed withal which are not a few and you your selves would do well to ask them when you meet them profess that they see an absolute Necessity of making an end of these Differences that have almost undone us and will no longer contend to bring all Men to one Vniformity but promote an Vniform Liberty Do not imagine I intend to give meer Words I me●n honestly such a regular Liberty as will be the Beauty and Honour not the Blot and Discredit of our Religion To such a Temper the Archbishop of Canterbury with several other Bishops of his Province and their Clergy have openly declared they are willing to come And the Bishops and Clergy of the Church of England have never been know to act deceitfully Our Religion will not at any time allow them to equivecate nor to give good VVords without a Meaning much less at such a time as this when our Religion is in great danger and we have nothing to trust unto but Gods Protection of sincere Persons Let Integrity and Vprightness preserve us is their constant Prayer They can hope for no Help from Heaven if they should prevaricate with Men. God they know would desert them if they should go about to delude their Brethren And they are not so void of common Sense as to adventure to incur his most high Displeasure when they have nothing to rely upon but his Favour In short Trust to those who own you for their Brethren as you do them for though they have been angry Brethren yet there is hope of Reconciliation between such near Relations But put no Confidence in those who not only utterly disown any such Relation to you but have ever treated you with an implacable Hatred as their most mortal Enemies unto whom it is impossible they should be reconciled Prov. 12.19 20. The Lips of Truth shall be established for ever but a lying tongue is but for a m●ment Lying Lips are an Abomination to the Lord but they that deal truly are his Delight Abby and other Church-Lands not yet assured to such Possessors as are Roman Catholicks Dedicated to the Nobility and Gentry of that Religion SInce it is universally agreed on that so great a Matter as the total Alienation of all the Abby-Lands c. in England can never be made legal and valid and such as will satisfie the reasonable Doubts and Scruples of a religious and conscientions Person except it be confirm'd by the Supreme Authority in this Church t is evident that the Protestants who assert the Church of England to be Autokephalos and such as allows of no Foreign Jurisdiction or Appeals having had these Lands confirmed to them by the King as Head of the Chuech the Convocation as the Church Representative and by the King and Parliament as the Supreme Legislative Power in this Realm have these Alienations made as valid to them as any Power on Earth can make them but the Members of the Church of Rome who maintain a Foreign and Supreme Jurisdiction either in a General Council or in the Bishop of Rome or both together cannot have these Alienations confirm'd to them without the Consent of one or both of these Superior Jurisdictions If therefore I shall make it appear that these Alienations in England were never confirm'd by either I do not see how any Roman Catholick in England can without Sacriledge retain them and his Religion together As to the first of these since there hath been no Council from the first Alienation of Abby-Lands in England to this Day that pretends to be general but that of Trent we need only look into that for the Satisfaction of such Roman Catholicke as esteem a General Council above the Bishop of Rome And I am sure that that Council is so far from confirming these Abby-Lands to the present Possessors that it expresly denounceth them accursed that detain them Sess 22. Decret de Ref. Cap. 11. Si quem c. If Covetousness the Root of all Evil shall so far possess any Person whatsoever whether of the Clergy or Laity though he be an Emperor or a King as that by Force Fear or Fraud or any Art or Colour whatsoever he presume to convert to his own Use and usurp the Jurisdiction Goods Estates Fruits Profits or Emoluments whatever of any Church or any Benefice Secular or Regular Hospital or Religious House or shall hinder that the Profits of the said Houses be not received by those to whom they do of right belong let him lie under an Anathema till the said Jurisdiction Goods Estates Rents and Prosits which he hath possessed and invaded or which have come to him any manner of way be restored to the Church and after that have Absolution from the Bishop of Rome So great a Terror did this strike into the English Papists that were Possessors of Church-Lands against whom this Anathema seems particularly directed that many of the zealous Papists began to think of Restitution and Sir William Peters notwithstanding his private Bull of Absolution from Pope Ju●●us the Fourth was so much startled at it as that the very next Year he endowed eight new Fellowships in Exeter-Colledge in Oxford Again the same Council Sess 25. Decret de R●f c. 2 ● Cupiens Sancta Synodus c. Decreeth and commandeth that all the Holy Ca 〈◊〉 and General Councils and Apostolick Sanctions in Favour of Ecclesiastical Persons and the Liberties of the Church and against those that violate them be exactly observed by eve●y 〈◊〉 and doth farther admonish the Emperor Kings Princes and all Persons of what Estate soever that they would observe the Rights of the Church as the Commands of God and defend them by their particular Patronage nor suffer them to be invaded by any Lords or G●ntlemen wha●soever but severely punish all those who hinder the Li●●w●●ies Imm●●ities and Jurildictions of the Church and that they would imitate those excellent Princes who by their Authority and Bounty encreased the Revenues of the Church so far were they from suffering them to be invad●● and in this let every one sedulously perform his part c. And now after so full and express Declaration of the Council of Trent I do not ●●e how any of those R●man Catholicks who esteem a general Council to be the Supreme Authority in the Church and receive the Trent Council as such can any way excuse themselves in point of Conscience from these heavy Curses that are there denounc'd against all those
that detain Church-Lands especially since the Papists themselves ●eh●mently accuse King Henry the eighth for sacrilegiously robbing of Religious Houses and seising of their Lands a great p●●t of which Lands are to this very day possess'd by Papists Now though there may be some Plea for the Popes Authority in the interim of a general Council and in such things wherein they have made no determination yet in this matter there is no colour for any pretences since the Council of Trent was actually assembled within sew years after these Alienations and expresly condemned the possessors of Abby Lands and after all this was all consirm'd and ratified by the Pope himself in his Bulla Super conf gen Concil Trid. A. D. 1564. And tho' we have here the Judgment of the infallible See as to this matter in the Consirmation of the Trent Council yet because there be some that magnifie the Popes extravagant and unlimited power over the Church and pretend that he confirm'd the Abby-Lands in England to the Lay-possessors of them I shall shew Secondly That the Pope neither hath nor pretends to any such Power nor did ever make use of it in this matter under debate only I shall premise that whereas some part of the Canon Law seems to allow of such particular alienations as are made by the Clerks and Members of the Church with the consent of the Bishop yet such free consent was never obtained in England and as to what was done by force fraud and violence is of so little moment as to giving a legal Title that even the alienations that were made by Charles Martell who is among the Papists themselves as infamous for Sacriledge as King Henry the Eighth yet even his Acts are said to be done by a Council of Bishops as is acknowledg'd by Dr. Johnston in his assurance of Abby Lands p. 27. I shall proceed to shew First That the Pope hath no such power as to confirm these Alienations and this is expresly determined by the infallible Pope Damasus in the Canon-Law Caus 12.9.2 c. 20. The Pope cannot alienate Lands belonging to the Church in any manner or for any necessity whatsoever both the buyer and the seller lie under an Anathema till they be restored so that any Church-man may oppese any such Alienations and again require the Lands and Profits so Alienated So that here we have a full and express Determination of the infallible See And tho in Answer to this it is urg'd by Dr. Johnston that this Canon is with small difference published by Binius in the Councils and so as to confine it to the suburbicacy Diocess of Rome yet that this Answer is wholly trivial will appear First Because if the Bishop of Rome hath no Authority to confirm such alienations in his own peculiar Diocess where he hath most power much less can he do it in the Provinces where his power is less Secondly That in all Ecclesiastical Courts of the Church of Rome it is not Binius's Edition of the Councils but Gratian's Collection of Canons that is of Authority in which Book these words are as here quoted Thirdly Since this Book of the Popes Decree hath been frequently reprinted by the Authority and Command of several Popes and constantly used in their Courts this is not to be look'd upon as a Decree of Pope Damasus only but of all the succeeding Popes and in the opinion of F. Ellis Sermon before the King Decem. 5. 1686. p. 21. what is inserted in the Canon Law is become the whole Judgment of the whole-Church Fourthly It 's absolutely forbid by Pope Gregory the Thirteenth in his Bull presixed before the Canon-Law A. D. 1580. for any one to add or invert any thing in that Book So that according to this express Determination in the Popes own Law the Bishops of Rome have no power to confirm any such Alienations as have been made in England and agreeable to all this Pope Julius the Fourth the very person that is pretended to have confirm'd these Alienations declar'd to our English Ambassadors that were sent upon that Errand That if he had Power to grant it he would do it most readily but his Authority was not so large F. Paul's H. of Council of Trent Lond. A. D. 1629. And therefore all Confirmations from the Bishop of Rome are already prejudg'd to be invallid and of no force at all Secondly No Bishop of Rome did ever confirm them The Breve of Pope Julius the Third which gave Cardinal Pool the largest powers towards the effecting this had this express limitation Salvo tamen in his quibus propttr renem magnitudinem gravitatem haec Sancta sedes merito tibi videtur consulenda nostro prefatae sedis beneplacito confirmatione i. e. Saving to us in these matters in which by reason of their weight and greatness this Holy See may justly seem to you that of right it ought to be consulted the good pleasure and confirmation of us and of the holy See which is the true English to that Latin and that this whole Kingdom did then so understand these words is evident from the Ambassadors that were sent to Rome the next Spring Viz. Viscount Moitecute Bishop of Ely and Sir Edward Carn These being one to represent every state of the Kingdom to obtain of him a Confirmation of all those Graces which Cardinal Pool had granted Burnet's H. Ref p. 2. f. 300. So that in the esteem of the whole Nation what the Cardinal had done was not valid without the Confirmation of the Pope himself Now this Pope Julius and the next Marcellus both died before there is any pretence of any Confirmation from Rome but this was at length done by Pope Paul the Fourth is pretended and for proof of it three things are alledged First The Journals of the House of Commons where are these words After which was read a Bill from the Popes Holiness confirming the doing of my Lord Cardinal touching the assurance of Abby Lands c. Secondly a Bull of the same Pope to Sir Will Peters Thirdly The Decrees of Cardinal Peol and his Life by Dudithius To all which I answer First That it s confess'd on all hands that there is no such Bull or Confirmation by Pope Paul the Fourth to be any where found in the whole World not any Copy or Transcript of it not in all the Bullaria nor our own Rolls and Records tho' it be a matter of so great moment to the Roman Catholicks of England and what cannot be produced may easily be denied Nor can it be imagined that a Journal of lay-Lay-persons that were parties concerned or a private Bull to Sir Will Peters or some hints in the Decrees and Life of the Cardinal will be of any moment in a Court at Rome whensoever a matter of that vast consequence as all the Abby Lands in England shall come to be disputed especially if it be observed that this very Journal of the House of Common● is
no publick Record but hath past through private hands hath been corrupted and defaced and that in Passages of the greatest moment as are the words of W. Hakewell Esq in his Observation upon them 70 Years since printed A D. 1641. And whereas the Journals of the House of Lords are true Records and kept by their proper Officer there is not one word to befound of any such confirmation Secondly If there ever was any such Buil it had this limitation in it that the Possessors of such Lands should bestow them all on Colleges Hospitals parochial Ministers or other such like spiritual Uses and this I prove First Because the famous Instances that are usually given of the Popes Alienations of Church Lands were only a changing them from one religious Use to another Thus when Pope Clement the Fifth A. D. 1307. supprest the Knights-Templars in this Nation and seiz'd all their Lands and Goods he gave them all to the Hospitaller of St. John of Jerusalem and that was ratified in Parliament 17. Edw. Second which Act sets forth That tho those Lands were escheated to the Lords of the Fee by the said Dissolution yet it was not lawful to detain them When Pope Clement the Seventh A. D. 1528. gave Cardinal Woolsey a Power to surpress several Monasteries he was to transferr all their Goods and possessions to his Collegiate Church at Windsor and to Kings Colledge in Cambridge and when the same Pope gave the same Cardinal many other Religious Houses it was for the endowing Christ-Church in Oxford and his Colledge in Ipswich And to Name no more when Pope Alexander the seventh A. D. 1655. suppressed the Order of the Fratres Cruciferi he disposed of all their House● Farms and Rights to such uses and pious works as he thought fit Vide Bullar Ludg. Vol. Vlt. Fol. 220. Secondly When this very Pope was attended with the English Ambassadors that came to his Confirmation the Pope found fault with them That the Church-yards were not restored saying that it was by no means to be tolerated and that it was necessary to render all even to a Farthing because the things that belong to God can never be applyed to humane uses and he that withholdeth the least part of them is in a continual state of Damnation that if he had power to grant them he would do it most readily but his Authority was not so large as that he might prophane the things that are dedicated to God and let England be assured that this would be an Anathema c. F. Pauls H. of the Council of Trent p. 392. Sleidam Com. p. 779. And all this was said by the Pope within four Months of the pretended Consirmation Thirdly The private Bull to Sir W. Peters bears date within two Months after the pretended Confirmation vide Sir W. Dugdales Eccl. Col. Fol. 207. The Title of which Bull is this The Bull of Paul the Fourth Bishop of Rome in which he confirms to Sir W. Peters all and singular the Sales of several Mannors c. sometimes belonging to Monasteries which the said Sir W. Peters is ready to assign and demile to spiritual uses Then follows the Bull it self which saith That this Confirmation was humbly desired from us and that there were reaso●●bre Causes to perswade it viz. a Petition exhibited by the said Sir W. Peters that the Mannors c. belonging to certain Monasteries and fold to him by King Henry the Eighth which he is ready to assign and demise to spiritual uses may be approved and confirmed to 〈◊〉 wherefore the said Pope doth acquit and absolve him being inclined by the said supplications c. By which Bull Sir W. Peters had no power given him to keep those Lands or 〈…〉 them to his Heirs but only to distribute them to such Religions uses as he thought 〈◊〉 Now it is a 〈…〉 thing that Sir VV. 〈◊〉 should 〈…〉 for a limited Dispensation if the whole Nation as is pretended had been absolutely dispensed with but two Months before without any limitation at all So that either there was no such General Confirmation or else it was limited with the samo restrictions as that to Sir VV. Peters Viz. To bestow them upon spiritual Uses And this is the only probable Reason why in England this Bull is wholly suppress'd and lost In Confirmation of this it may be observed that Cardinal Pool notwithstanding his Dispensation carnestly exhorted all persons by the Bowels of Christ Jesus that not being unmindful of their Salvation they would at least out of their Ecclesiastical Goods take care to encrease the Endowments of Parsonages and Vicarages that the Incumbents may be commodiously and honestly maintain'd according to their Quality and Estate whereby they may laudibly exercise the cure of Souls and support the incumbent Burthens and farther urg'd the Judgments that fell upon Baithazar for converting the holy Vessels to prophane uses Fourthly Queen Mary who best understood what had been done after the time of this pretended Confirmation from the pope restored all the Church Lands that were then in the Crown saying That they were taken away contrary to the Law of God and of the Church and therefore her conscience did not suffer her to detain them c. When she gave them to the pope and his Legate to dispose of to the Honour of God c. she said She did it because she set more by the Salvation of her Soul than ten such Kingdoms Heylins H. Ref. p. 235. And to this Act of Restitution she was vehemently press'd by the Pope and his Legate F. Paul's H. of the C. of Trent p. 393. Dudithius in vita poli p 32. And these things thus restored by the Queen were disposed of by the Legate to several Churches Dudithius ib. From all which it 's evident that neither the Pope nor his Legate nor Queen Mary knew of any such confirmations of these Alienations as would quiet the conscience without restoring them to spiritual uses Fifthly Queen Mary not only did so her self but press'd it vehemently upon her Nobles and Parliament that they would make full Restitution Heylyn p. 237. Sleidan p. 791. and several of them as Sir Thomas Sir VVylliam Peters c. who had swallowed the largest morsels of those Lands did make some sort of Restitution tho' not to the Abbies themselves yet to Colleges and Religious Uses Sixthly This very pope Paul the Fourth published a Bull in which he threatn'd Excommunication to all manner of persons as kept any Church-Lands to themselves and to all Princes Noblemen and Magistrates that did not forthwith put the same in Execution Heylin's Hist Ref. p. 238. So that by a new Decree he retrieved all those Goods and Ecclesiastical Revenues which had been alienated from the Church since the time of Julius the Second Ryemt's Contin p. 112. So improbable a story is it that this Pope confirmed these Alienations in England And whereas Dr. Johnston p. 173. hath these words Mr. Fox saith
The Pope published a Bull in print against the restoring of Abby-Lands which Dr. Burnet affirms also Ap. Fol. 403. It is notoriously false they both asserting the contrary Dr. Burnet's Words in that very place are these The Pope in plain terms refused to ratifie what the Cardinal had done and soon after set out a severe Bull cursing and condemning all that held any Church Lands Seventhly and lastly The succeeding Popes have been clearly of this opinion Pope Pius the Fourth who immediately succeeded this Paul confirm'd the Counoil of Trent and therein damned all the detainers of Church-Lands and tho he was much importuned to confirm some Alienations made by the King of France to pay the debts of the Crown yet he absolutely refused it F. Pauls H. C. Trent 713. Pope Innocent the Tenth first protested against the Alienations of Church Lands in Germany that were made at the great Treaty of Munster and Osnaburg A. D. 1648. and when that would not do by his Bull Nov. 26. in the very same Year damns all those that should dare to retain the Church-Lands and declares the Treaty void Infirmnentum pacis c. Innocentii 10 me declaratio nullitatis Artic. c. and all their late Popes in the Bulla caenae do very solemnly Damn and Excommunicate all who usurp any Jurisdiction Fruits Revenues and Emoluments belonging to any Ecclesiastical person upon account of any Churches Monasteries or other Ecclesiastical Benefices or who upon any occasion or cause Sequester the said Revenues without the Express leave of the Bishop of Rome or others having lawful power to do it c. And tho upon Geod-Friday there is published a general Absolution yet out of that are expresly excluded all those who possess any Church Lands or Goods who are still left under the sentence of Excommunication Toleti Instr Sacerd. and his Explicatio casuum in Bulla caenae Dni reserva From which consideration it 's evident that it never was the design of the Pope to confirm the English Church Lands to the Lay-possessors but that he always urg'd the necessity of restoring of them to religious uses in order to which the papists prevailed to have the statute of Mortmain repealed for 20 Years In Queen Elizabeth's Reign the factious party that was manag'd wholy by Romish ●missaries demanded to have Abbtes and such Religious Houses restored for their Vse and A. D. 1585. in their petition to the Fa●hament they set it down as a 〈◊〉 Doctrine that things once dedicated to Sacred Vses ought so to remain by the Word of God for ever and ought not to be converted to any private Vse Bishop Bancrofts Sermon at p. c. A. D. 1588. p. 25. And that the Church of Rome is still gaping after these Lands is evident from many of their late Books as the Religion of M. Luther lately printed at Oxford p. 15. The Monks wrote Anathema upon the Registers and Donations belonging to Monasteries the weight and essect of which curses are both felt and dreaded to this day To this End the Monasti●●● Anglicanum is so diligently preserved in the Vatican and other Libraries in the popish Countries and especially this appears from the obstinate refusal of this present Pope to confirm these Alienations tho it be a matter so much controverted and which would be of that vast Use towards promoting their Religion in this Kingdom If therefore the Bishops of Rome did never confirm these Alienations of Church-Lands but earnestly and strictly required their Restitution if they have declared in their Authentick Canons that they have no power to do it and both they and the last general Council pronounce an heavy Curse and Anathema against all such as detain them Then let every one that possesseth these Lands and yet own either of these Foreign Jurisdictions consider that here is nothing left to excuse him from Sacriledge and therefore with his Estate he must derive a curse to his posterity There is scarcely any Papist but that is forward to accuse King Henry the 8th of Sacriledge and yet never reflects upon himself who quietly possesseth the Fruits of it without Restitution either let them not accuse him or else restore themselves Now whatever opinions the papists may have of these things in the time of health yet I must desire to remember what the Jesuits proposed to Cardinal Pool in Doctor Pary's Days Viz. That if he would encourage them in England they did not doubt but that by dealing with the Consciences of those who were dying they should soon recover the greatest part of the Goods of the Church Dr. Burnet's Hist Vol. 2. p. 328. Not to mention that whensoever the Regulars shall grow numerous in England and by consequence burthensome to the few Nobility and Gentry of that perswasion they will find it necessary for them to consent to a Restitution of their Lands that they may share the burthen among others For so vast are the Burthens and Payments that that Religion brings with it that it will be found at length an advantagious Bargain to part with all the Church Lands to indemnifie the rest And I am confident that the Gentry of England that are Papists have found greater Burthens and Payments since their Religion hath been allow'd than ever they did for the many years it was forbid and this charge must daily encrease so long as their Clergy daily grows more numerous and their few Converts are most of them of the meanest Rank and such as want to be provided for And that 's no easie matter to force Converts may appear from that Excellent Observation of the great Emperour Charles the Fifth who told Queen Mary That by endeavouring to compel others to his own Relegion he had tired and spent himself in vain and purchas'd nothing by it but his own dishonour Card. Pool in Heylin's Hist Ref. p. 217. And to conclude this Discourse had the Act of Pope Julius the Third by his Legate Cardinal Pool in confirming of the Alienation of Church Lands in England been as valid as is by some pretended yet what shall secure us from an Act of Resumption That very Pope after that pretended Grant to Cardinal Pool published a Bull in which he Excommunicated all that kept Abby-Lands or Church Lands Burnet's Hist Vol. 2. p. 3●9 by which all former Grants had there been any were cancell'd His Successor Pope Paul the Fourth retrieved all the Goods and Ecclesiastical Revenues that had been alienated from the Church since the time of Julius the Second and the chief Reasons that are given why the Popes may not still proceed to an Act of Resumption of these Lands in England amount only to this That they may stay for a fair opportunity when it may be done without disturbing the peace of the Kingdom From all which it 's evident that the detaining of Abby-Lands and other Church-Lands from the Monks and Friars is altogether inconsistent with the Doctrine and Principles of the Romish Religion The King's
of the Peace and Vnity of this Realm 3. And that such Person or Persons so to be Named Assigned Authorised and Appointed by Your Highness Your Heirs or Successors after the said Letters Patents to him or them made and delivered as is aforesaid shall have full Power and Authority by Vertue of this Act and of the said Letters Patents under Your Highness Your Heirs and Successors to exercise use and execute all the premisses according to the Tenor and Effect of the said Letters Patents any matter or cause to the contrary in any wise notwithstanding So that I take it that all manner of Ecclesiastical Jurisdiction was in the Crown by the Common Law of England and declared to be so by the said Act of 1 Eliz. 1. and by that Act a Power given to the Crown to assign Commissioners to exercise this Jurisdiction which was accordingly done by Queen Elizabeth and a High Commission Court was by her erected which sate and held Plea of all Causes Spiritual and Ecclesiastical during the Reign of Queen Elizabeth King James the First and King Charles the First till the 17th Year of his Reign Which leads me to consider the Statute of 17 Car. 1. ca. 11. which Act recites the Title of 1 Eliz. ca. 1. and Sect. 18. of the same Act and recites further Section 2. That whereas by colour of some Words in the aforesaid Branch of the said Act whereby Commissioners are authorised to execute their Commission according to the Tenor and Effect of the Kings Letters Patents and by Letters Patents grounded thereupon the said Commissioners have to the great and insufferable Wrong and Oppression of the Kings Subjects used to Fine and Imprison them and to exercise other Authority not belonging to Ecclesiastical Jurisdiction restored by that Act and divers other great Mischiefs and Inconveniences have also ensued to the Kings Subjects by occasion of the said Branch and Commissions issued thereupon and the Executions thereof Therefore for the repressing and preventing of the aforesaid Abuses Mischiefs and Inconveniences in time to come by Sect. 3. the said Clause in the said Act 1 Eliz. 1. is Repealed with a Non obstante to the said Act in these Words Be it Enacted by the Kings most excellent Majesty and the Lords and Commons in this present Parliament Assembled and by the Authority of the same That the aforesaid Branch Clause Article or Sentence contained in the said Act and every Word Matter and thing contained in that Branch Clause Article or Sentence shall from henceforth be Repealed Annulled Revoked Annihilated and utterly made Void for ever any thing in the said Act to the contrary in any wise notwithstanding And in Sect. 5. of the same Act it is Enacted That from and after the first of August in the said Act mentioned all such Commissions shall be void in these Words And be it further Enacted That from and after the said first Day of August no new Court shall be erected ordained or appointed within this Realm of England or Dominion of Wales which shall or may have the like Power Jurisdiction or Authority as the said High Commission Court now hath or pretendeth to have but that all and every such Letters Patents Commissions and Grants made or to be made by his Majesty his Heirs and Successors and all Powers and Authorities granted or pretended or mentioned to be granted thereby And all Acts Sentences and Decrees to be made by virtue or Colour thereof shall be utterly void and of none effect By which Act then the Power of Exercising Ecclesiastical Jurisdiction by Commissioners under the Broad-Seal is so taken away that it provides no such Power shall ever for the future be Delegated by the Crown to any Person or Persons whatsoever Let us then in the last place consider Whether the Act of 13 Car. 2. ca. 12 hath restored this Power or not And for this I take it that it is not restored by the said Act or any Clause in it and to make this evident I shall first set down the whole Act and then consider it in the several Branches of it that relate to this Matter The Act is Entituled An Act for Explanation of a Clause contained in an Act of Parliament made in the 17th Year of the Late King Charles Entituled An Act for Repeal of a Branch of Statute in Primo Elizabethae c●ncerning Commissioners for Causes Ecclesiastical The Act it self runs thus Whereas in an Act of Parliament made in the Seventeenth Year of the Late King Charles Intituled An Act for Repeal of a Branch of a Stature primo Elizabethae concerning Commissioners for Causes Ecclesiastical It is amongst other things Enacted that no Arch-bishop Bis●●p or Vicar-General nor any Chancellor nor Commissary of any Arch-Bishop Bishop or Vicar-General nor any Ordinary whatsoever nor any other Spiritual or Ecclesiastical Judge Officer or Minister of Justice nor any other Person or Persons whatsoever exercising Spiritual or Ecclesiastical Power Authority or Jurisdiction by any Grant Lisence or Commission of the Kings Majesty His Heirs or Successors or by any Power or Authority derived from the King his Heirs or Successors or otherwise shall from and after the First Day of August which then should be in the Year of our Lord God 1641. Award Impose or Inflict any Pain Penalty Fine Amercement Imprisonment or other Corporal Punishment upon any of the Kings Subjects for any Contempt Misdemeanor Crime Offence Matter or Thing whatsoever belonging to Spiritual or Ecclesiastical Cognizance or Jurisdiction 2. Whereupon some Doubt hath been made that all ordinary Power of Coertion and proceeding in Causes Ecclesiastital were taken away whereby the ordinary Course of Justice in Causes Ecclesiastical hath been obstructed 3. Be it therefore Declared and Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords and Commons in this present Parliament Assembled and by the Authority thereof That neither the said Act nor any thing therein contained doth or shall take away any ordinary Power or Authority from any of the said Arch-Bishops Bishops or any other Person or Persons named as aforesaid but that they and every of them exercising Ecclesiastical Jurisdiction may proceed determine Sentence execute and exercise all manner of Ecclesiastical Jurisdiction and all Censures and Coertions appertaining and belonging to the same before any making of the Act before recited in all Causes and Matters belonging to Ecclesiastical Jurisdiction according to the Kings Majesties Ecclesiastical Laws used and practised in this Realm in as ample Manner and Form as they did and might lawfully have done before making of the said Act. Sect. 2. And be it further Enacted by the Authority aforesaid That the afore recited Act of Decimo Septimo Car. and all the Matters and Clauses therein contained excepting what concerns the High Commission Court or the new Erection of some such like Court by Commission shall be and is thereby repealed to dlintents and purposes whatsoever
persons to sit in Parliament and to exercise Offices in Church and State is only to declare that they do believe there is not any Transubstantiation in the Sacrament of the Lord's Supper or in the Elements of Bread and Wine at or after the Consecration by any persons whatsoever and that the Invocation of the Virgin Mary or any other Saint and the Sacrifice of the Mass as they are now used in the Church of Rome are Superstitious and Idolatrous And this Declaration the Non-conformists are of all people the most inclinable and forward to make and therefore very far by vertue of those Statutes from standing incapable of any Trust Office and Employment that other Subjects are admitted unto Nor hath there been a Protestant Dissenter since the first hour that these Laws were enacted that ever scrupled to take the Tests or that was precluded from Office and Employment for refusing them But on the contrary several of the most famous Dissenters such as Sir John Hartop Alderman Love and Mr. Eyles persons who at all times have kept at the greatest distance from Communion with the Church of England by reason of her Forms and Ceremonies are known to have chearfully made the Declaration contained in the Test Laws and thereupon to have sit as Members in divers Parliaments And as a further demonstration of the impudence and dishonesty of our Author in this particular it is not unworthy of remark that tho' the King hath taken upon him to dispense with the Tests and to prohibit the requiring them yet the Dissenters who have since that time been preferred to publick Trusts continue still to take them and go to the respective Courts where by Law the Declaration is enjoined to be exacted and there demand the being admitted to make it Tho' in the mean season they cannot be unsensible that it is the thing in the World whereby they most highly offend his Majesty it being both a proclaiming the Illegality of that Authority which he challengeth of dispensing with Laws and a defeating so far as lieth in them his great design as well as artifice for the introducing of Popery which his Soul is so much in travel with And were not this Author both a person of a most depraved Conscience and destitute of all common sense he would never have slandered Monsieur Fagel and so egregiously perverted his plain meaning as to tell us that tho' he be a Hollander and a Non-conformist yet he thanks God for the Test Laws by which his Non-conforming Brethren in England of what degree and quality soever they be stand excluded from Publick Employments For every one that will be so kind to himself and so just to the Pensionary as to read his Letter will immediately discern that there is not one word in it upon which to superstruct this calumny and accusation seeing he therein affirms in repeated and emphatical Terms that all contained in and designed by the Test Laws is the securing the Reformed Religion thro' the having provided that none be allowed to sit in Parliament nor admitted to Publick Offices except they declare that they are of the Reformed and not of the Roman Catholick Religion So that how Monsieur Fagel's Non-conformity Brethren in England should come to be affected by these Laws so as to receive any prejudice by them is that which none but a person of our Author's wit integrity and candor could have had the faculty either to conceive or alledge But that we may come to the second particular there is the less reason to wonder at this Gentleman's calumniating Mijn Heer Fagel and affixing dull tho' malicious Forgeries of his own unto him if we do but consider-with what petulancy and injustice he treats Their Serene Highnesses and at the gate of their own Court assumeth the confidence to misrepresent lessen and asperse them The nearness which those Princes stand in to the ascending the English Throne and the joyful prospect which all Protestants have of it exciteth a discontent and rage in our Author which he knows not how either to suppress or govern For not to mention what we learn of the kindness of Roman Catholicks to an Heir professing the Reformed Religion from the proceedings of Sixtus Quintus and the Papists in France towards Henry 4. we are sufficiently instructed what good will they bear to a Protestant Successor by the Bull which Clement 8. published about the End of Queen Elizabeth's Reign For the Supream and Infallible Head does therein ordain That when it should happen to that miserable Woman to die they should admit none to the Crown quantumque propinquitate sanguinis niterentur nisi ejusmodi essent qui fidem Catholicam non modo tolerarent sed omni ope ac studio promoverent more majorum jurejurando se id praestituros susciperent whatsoever Right and Title they should have thereunto by vertue of their next affinity in blood unless they should first swear not only to tolerate but to advance and establish the Romish Religion Nor can I avoid being filled with fear and reverence to the safety of some certain persons when I remember how Cardinal Baronius commends Irene for murdering the Emperor her Son because he was against the Worship of Images and not only calls it Justitiae zelum a righteous zeal but adds Christum docuisse summum pietatis genus esse in hoc adversus filium esse fidelem That Christ hath taught the perfiction of Religion in such a case to consist in fidelity to the Church tho' by destroying one that was both her Son and her Soveraign 'T is a high piece of injustice in our Author towards Their Highnesses and calculated for no other end but to alienate his Majesties affections from them when he tells us that the thing aimed at in the writing of the Pensionary's Letter as well as that pursued in the manner of publishing it was to obstruct the King's righteous pious designs and to render them unpracticable For the Letter being written in obedience to the Command of Their Highnesses to declare their Opinion in reference to the several matters about which it treateth it plainly follows that tho' Mijn Heer Fagel be accountable for the manner of cloathing and delivering their thoughts and for the Order and Method in which things are digested and possibly for the ratiocinations by which they are supported and enforced yet that the Prince and Princess are the persons who are alone responsible for the End unto which it was intended And it appears to have been so far from their intentions thereby to obstruct and defeat any pious and just designs of his Majesty that nothing can be more visible than that as it is admirably adapted to the giving ease and security to all his Protestant Subjects so it offereth means for relieving the Papists from the severe Laws to which they are liable and for the granting them a Warranty in a legal way for the exercise of their Religion Nor doth it
discourage any kind of favour towards them save that which the concession whereof would not only be inconsistent with the peace and safety of those of the Reformed Religion in England but which might enflame the Nation to such Resentments as would in all likelihood both endanger his Majesties Person and Crown and come at last to issue in the reducement of the Roman Catholicks to worse circumstances than they have hitherto been acquainted with But to proceed with our Author to whom it is so natural to act foolishly and with sauciness and injustice that neither the Character he is said to bear nor the Quality of the Persons of whom he speaks can either restrain his intemperance or correct his rudeness and indiscretion For Monsieur Fagel having said that he believes there are many Roman Catholicks who under the present state of Affairs will not be very desirous to be in Publick Offices and Employments nor use any attempts against those of the Reformed Religion and that not only because they know it to be contrary to Law but lest it should at some other time prove prejudicial to their Persons and States Our Author is so unjust as well as imprudent as to call this a menacing not only of all the Non-conformists and Roman Catholicks in England but a threatning of his Majesty and an insulting over him And from thence he takes occasion to add that he hopes God will inable his Majesty to repress and prevent the effects of these menaces and furnish him with means of mortifying those who do thus threaten and insult over him It certainly argues a strange weakness and distemper of mind to call so modest and soft an expression both a menacing of the King and of all his Catholick Subjects when I dare say it proclaimeth the sense of all among the Papists who are endowed with any measure of Wisdom and is nothing else save a Declaration of the measure by which they do at this day regulate and conduct themselves But the injustice of our Author towards Their Highnesses in his Reflections upon the forementioned expression of the Pensionary's is his intending them by the persons that do threaten his Majesty and insult over him For did he take Mijn Heer Fagel for the only guilty person in reference to this Phrase which he miscalls a Menace it would be a strange detracting in him from the Power and Glory of his Majesty of Great Brittain to wish him sufficient means whereby to shun the effects of a Gentleman 's threatning whose highest Figure in the World is meerly to be a Minister in a Republick Nor would he bring down his Master to so low a level as to make it the highest Object of his Hopes concerning so great a Monarch that he shall be able to mortifie a person who whatsoever his Merit be yet his Fortune is to fill no sublimer a Post So that it can be no other save the Prince and Princess whom our Author in his usual way of injustice petulancy and indiscretion does here character represent and intend And what he thereupon means by the Kings having power in his hands and by his hoping that God would furnish him with means by which he may mortifie them is not a matter of difficult penetration even by persons of the most ordinary capacities For the several methods that have been projected and are still carrying on for the debarring them from the Succession to the Imperial Crowns of England Scotland and Ireland to which they have so Just and Hereditary a Right are sufficient to detect unto us what our Author intends and serve as a Key whereby to open the scope and meaning of his Expressions But whatsoever the Papal and Jesuitick Endeavours may be for the obstructing and preventing their Ascending the Thrones of Great Brittain I dare say that all the effects they will have will be only the discovering the folly and malice of those that attempt it and that they can never be able to compass and accomplish it For as their Highnesses have both that interest in the Love and Veneration of all Protestants and so indisputable a Title that it is impossible they should be precluded either by Force or in a way to which their Enemies may affix the Name of Legal so there is no great cause to apprehend or fear their being supplanted by their King 's having Male Issue of a vigour to live considering both his Majesties condition and the Queens which is such that they can never communicate bona stamina vitae And for the Papists being able to Banter a suppositious Brat upon the Nation tho' there are many among them villanous enough to attempt it we have not only the watchfulness of Divine Providence to rely upon for preventing it but there are many faithful and waking Eyes that will be ready and industrious to discover the Cheat. And if the People once perceive that there hath been a contrivance carried on for putting so base an affront upon a noble and generous Kingdom and of committing so horrid a wrong against such Vertuous and Excellent Princes I do not know but that their Resentment of it may rise so high as that all who are discovered to have been accessory unto it may undergo the like fate that they of old did who were found to have been conscious and contributory unto the thrusting the Eunuch Smerdis into the Persian Throne Nor do I in the least doubt but that the same Righteous Wise and Merciful God who prevented the like villany when designed in the time of Queen Mary and which was advanced so far that some Priests had the wickedness and impudence both to give thanks in the publick Churches for her Majesties safe delivery of a Prince and also to describe the Beauty and Features of the Babe tho' all she had gone with amounted only to a Tympany of Wind and Water I say that I do not question but that the same God will out of his Immense Grace and Sapience find ways and methods of which there are many within the compass of his Infinite Understanding by which so hellish a piece of villany if there be any such projected and promoting may be brought into light and disappointed And truly when I consider the Christian and Royal Vertues wherewith their Highnesses are imbued and how they are furnished with all the Moral Intellectual and Religious accomplishments that are requisite for adapting them to weild Scepters and which render them not only so agreeable to the necessities and desires of all good people but so admirably qualified to answer both the present posture of Affairs in Europe and the Exigencies of those that are oppressed and afflicted I grow into a confidence that as the Church of God both in Brittain and elsewhere and the circumstances in which so many Countreys are involved do bespeak and crave their Exaltation to the Thrones of the Brittish Dominions so that they are both destined of God unto them and will in due
their disadvantage to say no worse All ways of Gentleness and Moderation towards them do only encourage their making the bolder claims and the proceeding further in their usurpations The giving them an inch provokes them to take an ell and they grow enraged because we will not tamely suffer it If they act as they do while the Chain hangs still about their necks what are we to expect if it should be wholly taken off they left loose to exert the malignity which their Religion inspires them with For not being contented to invade and usurp all sorts of Employments and places of Trust in defiance of the Test Laws they have assumed that confidence as to make those very Laws which were intentionally enacted and designed to keep Papists out of Office and Power the ground and occasion of incapacitating and shutting out Protestants And whereas none are by Law to be admitted into Employments without making the Declarations contained in the Tests none are now to be continued save they who shall both refuse to take them and withal promise to give their votes for the Election of such persons into Parliament as shall be willing to Abrogate and Repeal them Which is not only such a piece of Chicannery in it self but such an Assault upon the Legislative Authority that it is hard to speak of it without more than usual emotion of mind and the having ones indignation strangely excited and enflamed However all I shall allow my self at present to say shall be only to advise all sort of persons to take care what they do there being no Dispensing power lodged in the King in reference to Penal and much less in relation to the Test Laws Of this we have a clear and uncontrollable proof in the proceedings of the Parliament 1673. when the House of Commons voted the Declaration of the late King for Liberty of Conscience to be both a violation of the Laws of the Land and an altering of the Legislative power Which is the more remarkable in that it was not only done by the most obsequious Parliament that ever any King of England had and of which many of the Members were his hired and brib'd Pensioners but that they did thus adjudge both after the King had acquainted them by a solemn Speech at the opening of the Session that he was Resolved to adhere to his Declaration and had endeavoured to Hector them into a departure from their Vote by telling them in an Answer which he made to one of their Addresses that they had questioned a power in the Crown which had never been disputed in the Reign of any of his Predecessors and which belonged unto him as a prerogative inseparable from the Soveraignty Yet notwithstanding both all this and his applying himself in a Speech to the House of Lords to have engaged them to stand by him against the Commons he was necessitated upon the Commons insisting that there was never any such Dispensing power vested in the Crown nor claimed or exercised by any of his Predecessors and that the assuming it was a changing of the Constitution and an altering of the Legislative Authority and upon the Lords declining to stand by him and their advising him to give liberty by way of Bill to be passed into a Law I say he was necessitated to take his Declaration off from the File tear the Seal from it and to assure both Houses in a Speech he made to them March 8. that what he had done in taking upon him to Suspend the Penal Laws should not for the future be drawn either into consequence or Example In brief if the Papists will not so far consult their own interest and comply with our safety as to be contented with an ease from Penalties and an Indulgence to be ratified into a Law for the private exercise of their Religion it is the indispensable duty of all Protestants of what party or perswasion soever they be to unite together in withstanding their endeavours and attempts for obtaining more We have a laudable example in the carriage of all that pretended to Christianity when they were brought into a condition somewhat parallel with ours in one of the first Centuries For tho the Orthodox had been persecuted by the Arrians under Constantius and some of the Arrians harshly enough treated at least as they thought for a while under Constantine yet upon Julian's coming to the Throne both parties were so far from embracing his offers in order to revenge their wrongs upon one another that they resolved at that season if not wholly to silence their Disputes yet to forbear all those harsh Terms that had enflamed their heats and animosities To which I shall add but this one thing more and would beg of the Dissenters that they may seriously consider it namely that as the Donatists were the only party of Christians that made Addresses to Julian and received favours from him so they thereby became infamous and were often afterwards reproached with it Thus Sir I have studyed to do what you required of me and if it be my misfortune not to have acquitted my self answerably to your expectations yet the doing it as well as the being bound up to an Author that administers so little occasion for valuable thoughts would allow gives me the satisfaction of having approved my self SIR Your Obedient Servant Some Reflections on a Discourse called Good Advice to the Church of England c. SIR I Have at last procured a sight of the Book stiled Good Advice to the Church of England Roman Catholick and Protestant Dissenter and of the Three Letters from a Gentleman in the Countrey to his Friend in London which as they are written by one and the same person so he endeavours in all of them to make it appear to be the Duty Principles and Interest of the parties mentioned to Abolish the Penal Laws and Tests Now though I 'm daily in expectation of seeing such an Answer returned to those Papers as will both give the Author cause to wish he had been otherways imploy'd when he wrote them and make the Court-Faction asham'd of the Elogies they have heapt upon him for his service yet it may not be amiss in the mean time to shew in a very few Pages that 't is not any considerable strength in those Discourses which hath given them a Reputation but the Interest of some to have every thing accounted unanswerable that is published in favour of their Designs and the folly and weakness of others which makes them believe that to be nervous in whose success they imagine their case to be wrapt up and involved I think it is universally acknowledged and I 'm sure it can be demonstratively proved that they are written by a Quaker and this ought to render us jealous both of the motives influencing unto it and of the end to which they are designed to be subservient For first the affinity of several of the Religious Principles of that party with
who had lived and died a cordial and zealous Protestant and whosoever had muttered any thing to the contrary would have been branded for a Villain and an execrable person But with what a scent and odor must it recommend his Memory to them to consider his having not onely lived and died in the Communion of the Church of Rome in contradiction to all his publick Speeches solemn Declarations and highest Asseverations to his People in Parliament but his participating from time to time of the Sacrament as Administred in the Church of England while in the interim he had Abjured our Religion stood reconciled to the Church of Rome and had obliged himself by most sacred Vows and was endeavouring by all the Frauds and Arts imaginable to subvert the established Doctrin and Worship and set up Heresy and Idolatry in their room And it must needs give them an abhorrent Idea and Character of Popery and a loathsom representation of those trusted with the Conduct and Guidance of the Consciences of Men in the Roman Communion that they should not onely dispense with and indulge such Crimes and Villanies but proclaim them Sanctified and Meritorious from the end which they are calculated for and levelled at And for his dear Brother and renowned Successor who possessed the Throne after him I suppose his most partial Admirers who took him for a Prince not onely merciful in his Temper and imbued with all gracious Inclinations to our Laws and the Rights of the Subject but for one Orthodox in his Religion and who would prove a zealous Defender of the Doctrine Worship and Discipline of the Church established by Law are before this time both undeceived and filled with Resentments for his having abused their Credulity deceived their Expectations and reproached all their Gloryings and Boastings of him For as it would have been the greatest Affront they could have put upon the King to question his being of the Roman Communion or to detract from his Zeal for the introduction of Popery notwithstanding his own antecedent Protestations as well as the many Statutes in force for the preservation of the Reformed Religion so I must take the liberty to tell them that his Apostacy is not of so late Date as the World is made commonly to believe For though it was many Years concealed and the contrary pretended and dissembled yet it is most certain that he Abjured the Protestant Religion soon after the Exilement of the Royal Family and was reconciled to the Romish Church at St. Germains in France Nor were several of the then suffering Bishops and Clergy ignorant of this though they had neither the Integrity nor Courage to give the Nation and Church warning of it And within these five Years there was in the custody of a very worthy and honest Gentleman a Letter written to the late Bishop of D. by a Doctor of Divinity then attending upon the Royal Brothers wherein the Apostacy of the then Duke of York to the See of Rome is particularly related and an Account given how much the Dutchess of Tremoville though without being her self observed had heard the Queen Mother glorying of it bewailed it as a dishonour unto the Royal Family and as that which might prove of pernicious consequence to the Protestant Interest But though the old Queen privately rejoyced and triumphed in it yet she knew too well what disadvantage it might be both to her Son and to the Papal Cause in Great Brittain to have it at that Season communicated and divulged Thereupon it remained a Secret for many Years and by virtue of a Dispensation he sometimes joined in all Ordinances with those of the Protestant Communion But for all the Art Hypocrisy and Sacrilege by which it was endeavoured to be concealed it might have been easily discerned as manifesting it self in the whole Course of his Actions And at last his own Zeal the Importunity of the Priests and the Cunning of the late King prevailing over Reasons of State he withdrew from all Acts of Fellowship with the Church of England But neither that nor his refusing the Test enjoyned by Law for distinguishing Papists from Protestants though thereupon he was forced both to resign his Office of Lord High Admiral c. nor his declining the Oath which the Laws of Scotland for the securing a Protestant Governour enjoyn to be taken by the High Commissioner nor yet so many Parliaments having endeavoured to get him Excluded from Succession to the Crown upon the account of having revolted to the See of Rome and thereby become dangerous to the Established Religion could make impression upon a wilfully deluded and obstinate sort of Protestants but in defiance of all means of Conviction they would perswade themselves that he was still a Zealot for our Religion and a grand Patriot of the Church of England Nor could any thing undeceive them till upon his Brother's Death he had openly declared himself a Roman Catholick and afterwards in the fumes and raptures of his Victory over the late Duke of Monmouth had discovered and proclaimed his Intentions of overthrowing both our Religion and Laws Yea so closely had some sealed up their Eyes against all beams of Light and hardned themselves against all Evidences from Reason and Fact that had it pleased the Almighty God to have prospered the Duke of Monmouth's Arms in the Summer 85. the present King would have gone off the Stage with the Reputation among them of a Prince tender of the Laws of the Kingdom and who notwithstanding his own being a Papist would have preserved the Reformed Religion and have maintained the Church of England in all her Grandure and Rights And though his whole Life had been but one continued Conspiracy against our Civil Liberties and Priviledges he had left the Throne with the Character and under the Esteem of a Gentleman that in the whole course of his Government would have regulated himself by the Rules of the Constitution and the Statutes of the Realm Now among all the Methods fallen upon by the Royal Brothers for the undermining and subverting our Religion and Laws there is none that they have pursued with more Ardor and wherein they have been more successful to the compassing of their Designs than in their dividing Protestants and alienating their Affections and embittering their Minds from and against one another And had not this lain under their prospect and the means of effecting it appeared easie they might have been Papists themselves while in the mean time they had been dispensed with to protest and swear their being of the Reformed Religion and they might have envied our Liberties and bewailed their Restriction from Arbitrary and Despotical Power but they never durst have entertained a Thought of subverting the Established Religion or of altering the Civil Government nor would they ever have had the boldness to have attempted the introducing and erecting Popery and Tyranny in their room And whosoever should have put them upon reducing the Nation
going to Heaven upon their confessing their Sins to a Priest and their receiving Absolution the Eucharist and Extream Unction need not look after Repentance towards God Conversion to Holiness nor a Life of Faith Love Mortification and Obedience which the Protestant Religion upon the Authority of the Gospel obligeth them unto in order to the obtaining of Eternal Happiness And as the late Apostates to Popery in England are chiefly such who were notorious for Looseness Prophaneness and Immorality and were the Scandal of our Religion while they professed it and while in our Church were not properly of it So it is from among Men of this stamp and character that their late Majesties have found Persons assisting and subservient to their Despotical and Arbitrary Designs For whosoever takes a Survey of the Court-Faction and considereth who have been the Advocates for Encroachments upon our Liberties and Abetters of Vsurpations over our Rights they will find them to have been principally the profligate and debauched among the Nobility and Gentry the mercenary ignorant and scandalous among the Clergy the Off-scouring and such as are an Ignominy to Human Nature among the Yeomanry and Peasants And it was in order to this villanous End that the Royal Brothers have endeavoured so industriously to debauch the Nation and have made Sensuality and Profaneness the Qualifications for Preferment and the Badges of Loyalty And if among those that appear for the Preservation of the Liberties of their Country there be any that deserve to be stiled Enemies to Religion and Vertue as I dare affirm that they owe their Immoralities to Court-Education Converse and Example so I hope that though they have not hitherto been all of them so happy as to have left their Vices where they learned them yet that they will not continue to disparage the good Cause which they have espoused with an unsutable Life nor give their Adversaries reason to say that while they pretend to seek the Reformation of the State they are both the Deriders of Sobriety and Vertue without which no Constitution can long subsist and guilty of such horrid Oaths Cursing Imprecations Blasphemies and uncleannesses which naturally as well as morally and meritoriously dispose Nations to Subversion and Extirpation Finally Being through the bitter Effects which have ensued upon our Divisions made apprehensive and jealous one of another it hath from thence come to pass that while the Care of the Conformists hath been to watch against the growth of the Dissenters and the sollicitude of the Nonconformists hath been how to prevent the Rage of the bigotted Church-men the Papists in the mean time without being heeded or observed have both incredibly multiplied and made considerable Advances in their designs of ruining us For whensoever the Court was to take a signal step towards Popery and Arbitrary Power there was a clamour raised of some menacing Boldness of the Dissenters And if the Nation grew at any time alarmed by reason of the Favour shewn to the Roman Catholicks and of some visible Progress made towards the Kings becoming Despotical all was immediately hush'd with a shout and cry of the Government and Church's being in imminent hazard from the Dissenters Yea whensoever the Papists and their Royal Patrons stood detected of having been conspiring against our Religion and Civil Liberties all was diverted and stifled by putting the Kingdom upon a false Scent and by hounding out their Beagles upon the Nonconformists So that the Eyes and Minds of Protestants being imployed in reference to what was to be apprehended and feared from one another the working of our Popish Enemies either escaped our Observation or were heeded by most only with a superficial and unaffective Glance And while our Church-men stood prepossessed by the Court with a dread and jealousy of the Dissenters all that was said and written of a Conspiracy carryed on by the Papists against our Laws and Religion was entertained and represented by the prejudiced Clergy as an Artifice only of the Dissenters for compassing an Indulgence from the Parliament which in case such a Plot had obtained the belief that a Matter of so great Danger and Consequence required would have been easily granted being the only rational Expedient for the preservation of the established Religion and the Legal Government Nor did our Enemies question but that having enflamed our Divisions and raised our Animosities to so great a height rather than the one party would lay aside their Severities and the other let fall their Resentments we would even be contented to lye at their Mercy and submit our selves to the Pleasure and Discretion of the Court and Papists And there have not wanted some peevish foolish and ill Men of both Parties who rather than sacrifice their Spleen and Passion and abandon their particular Quarrels for the Interest and Safety of the whole have been inclined to expose the Protestant Religion and English Liberties to the Hazards wherewith they were apparently threatned and to suffer all Extremities meerly to have the satisfaction of seeing those whom they respectively hate involved with them under the same miseries But as this was such a degree of Madness and Infatuation as could proceed from nothing but brutish Rage and argues no less than a Divine Nemesis so I hope they are but few that now stand infected with these passionate Sentiments and Inclinations and remain thus hardned in their mutual Prejudices And to those I have nothing to say nor the least Advice to administer but shall leave them to their own Follies as Persons to whose Conviction no Discourse though never so rational can be adapted and whom only Stripes can work upon 'T is to such therefore as are capable of hearkning to Reason and who are ready to embrace any Counsel that shall be found adjusted to the Common Interest that I am to address what remains to be represented and said in the following Leaves For all Parties of Protestants having seen how far our Enemies have improved our Divisions and Rancours to the compassing their wicked and ambitious Designs and the robbing us of all that good and generous Men account valuable they are at last convinced of the necessity we have been and are reduced unto of altering the measures of our acting towards one another and both of laying aside our Persecutions and of exchanging our Wranglings among our selves into a joint contending for the Faith of the Gospel and the Rights of the Nation For what the Gentleman so lately in the Throne intends and aims at is not any longer matter of meer Suspicion and Jealousy but of demonstrable Evidence and unquestionable Certainty His Mask and Vizor of Zeal for the preservation of the Church of England and of tender regard for the Laws of the Land were laid by and put off and his Resolutions of governing Arbitrarily and of introducing Popery were become obvious to all Men whom Reason and Sense have not forsaken and left The Papists whom it was thought much a
Establishment yet all other Protestants may very rationally promise themselves an Indulgence and that not only from the Mildness and compassionate Sweetness of her Temper but from the Influence which the Prince her Husband will have upon her who as he is descended from Ancestors whose Glory it was to be the Redeemers of their Country from Papal Persecution and Spanish Tyranny so his Education Generosity Wisdom and many Heroick Vertues dispose him to embrace all Protestants with an equal Tenderness and to erect his Interest upon the being Head and Patron of all that profess the Reformed Religion Had the late Duke of Monmouth been victorious against the Forces of the present King and inabled to have wrested the Scepter out of his Hand though all Protestants might thereupon have expected and would certainly have enjoyed an equal freedom without the liableness of any party to Penal Laws for matters of Religion yet he would have been careful and I have reason to believe that it was his purpose to have had the Church of Eng. preserved and maintained and that she should have suffered no alteration but what would have been to her Strength and Glory through an enlargement of the Terms of her Communion and what would have been to the Praise of her Moderation and Charity through her being perswaded to bear with such as differ from her in little things and could not prevail with themselves to partake with her in all Ordinances Upon the whole it is both the prudence and safety of Dissenters as they would escape Extirpation themselves and have Religion conveyed down to Posterity to unite their Strength and Endeavours to those of the Church of England for the upholding her against the assaults of Popish Enemies who pursue her Subversion As matters have been circumstanced and stated in England there hath not been an Affront or Injury offered or done unto her by the Court which did not at the same time reach and wound the Dissenters 'T is not her being for Episcopacy Ceremonies and imposed Set-Forms of Worship the things about which she and the Nonconformists differ that she hath been not long since maligned and struck at by the Man in Power and his Popish functo but it is for being Protestant Reformed and Orthodox Crimes under the Guilt whereof Dissenters were equally concerned and involved Being therefore in opposition to the common Cause of Religion that the late Court of Inquisition was erected over her Ecclesiasticks all Protestants jointly resented the Wrongs which she sustain'd and not only to sympathize with those dignified and lower Clergy which were called to suffer but to espouse her Quarrel with the same warmth that we would our own And as we are to look upon those of the Episcopal Communion to be the great Bulwark of the Protestant Religion and Reformed Interest in England so it was farther incumbent on Dissenters towards them and a Duty which they owe to God the Nation and themselves not to be accessary to any thing through which the legal Establishment of the Church of England might have been by an Act of pretended Regal Prerogative weakned and supplanted I never counsel the Dissenters to renounce their Principles nor to participate with the Prelatical Church in all Ordinances on the Terms to which they have straitned and narrowed their Communion For while they remain unsatisfied of the lawfulness of those Terms and Conditions they cannot do it without offending God and contracting Guilt upon their Souls nor will they of the Church of England in Charity Justice and Honesty expect it from them For whatsoever any Man believeth to be Sin it is so to him and will by God be imputed as such till he be otherwise enlightned and convinced nor are the Dissenters to be false and cruel to themselves in order to be kind and friendly to them But that which I would advise them unto is that after the maintaining the highest measure of Love to the conformable Congregations as Churches of Christ and the esteeming their Members as Christian Protestant Brethren notwithstanding the several things wherein they judge them to err and to be mistaken that they would not by any Act and Transactions of theirs betray them into a Despotical Power not directly nor indirectly acknowledge any Authority paramount unto and superseding the Laws by which the Church of England is established in its present Form Order and Mode of Jurisdiction Discipline and External Worship Whatsoever Ease arrived to the Dissenters through the Kings suspending the Execution of the Penal Laws without their Address and Application they might receive it with Joy and Humility in themselves and with thankfulness to God nor was there hereby any prejudice offered on their part to the Authority of the Law or Offence or Injury given or done to the conformable Clergy Nor is it without grief and regret that the Church-men have been forced to behold the harassing spoiling and imprisonment of the Nonconformists while in the mean time the Papists were suffered to assemble to the Celebration of their Idolatrous Worship without Censure and Controul And had it been in their power to remedy it and give Relief to their Protestant Brethren they would with delight and readiness have embrac'd the occasion and opportunity of doing it But alas instead of having an advantage put into their hand of contributing to the Relief of the Dissenters which I dare say many of them ardently wish and desire they were compelled contrary to their Inclination as well as their Interest to become instrumental in persecuting and oppressing them Nor does the late King covet a better and a more legal advantage against the Conformists than that they would refuse to pursue Dissenters and decline molesting them with Ecclesiastical Censures and civil Punishments So that their condition was to be pityed and bewailed in that they were hindered from acting against the Papists though both enjoyed by Law and influenced thereunto by Motives of self-Preservation as well as by tyes of Conscience while in the mean time they were forced to prosecute their fellow-Protestants or else to be suspended and deposed and put out of their Offices and Employments And tho I believe that they would at last have more Peace in themselves and be better accepted with God in the great Duty of their Account should they have refused to disturb and prosecute their Protestant Brethren and scorn to be any longer Court-Tools for weakning and undermining the Reformed Cause and Interest yet I could not but leave them to act in this as they should be perswaded in themselves and as they judged most agreeable to Principles of Wisdom and Conscience In the interim the Dissenters have all the Reason in the World to believe that the Proceedings of the Clergy and Members of the Church of England against them were not the Results of their Election and Choice but the Effects of moral Compulsion and Necessity Nor will any Dissenter that is prudent and discreet blame them for a matter
and Historical as may serve to place it in the brightest Light and fullest Evidence that a matter future and yet to come which is only the object of our prospect and dread and not of our feeling and experience is capable of It ought to be of weight upon the minds of all English Protestants that the King of Great Britain is not only an open and avow'd Papist but as most Apostates use to be a fiery Bigot in the Romish Religion and who as the Leige Letter from a Jesuit to a Brother of the Order tells us is resolved either to Convert England to Popery or to dye a Martyr Nor were the Jewish Zealots of whose rageful Transports Josephus gives us so ample an Account nor the Dervises among the Turks and Indians of whose mad Attempts so many Histories make mention more brutal in their Fanatical Heats than a Popish Bigot useth to be when favored with Advantages of exerting his Animosity against those who differ from him if he be not carefully watched against and restrained Beside the innumerable Instances of the Tragical Effects of Romish Bigottry that are to be met with in Books of all kinds we need go no farther for an Evidence of it than to consult the Life of Dominick the great Instigator and Promoter of the Massacre of the Waldenses and the Founder of that Order which hath the Management of the Bloody Inquisition together with the Life of Henry the Third of France who contrary to the Advice of Maximilian the Emperor and the repeated Intreaties of the wisest of his own Counsellors the Chancellor de l' Hospital and the President de Thou not only revived the War and Persecution against his Reformed Subjects after he had seen what Judgments the like Proceedings had derived upon his Predecessors and how prejudicial they had proved to the Strength Glory and Interest of his Crown and Kingdom but he entred into a League with those that fought to depress abdicate and depose him and became the Head of a Faction for the destroying that part of his Subjects upon whom alone he could rely for the defence of his Person and support of his Dignity Nor were the Furies of the Duke de Alva heretofore or the present Barbarities of Louis the Fourteenth so much the Effects of their haughty and furious Tempers as of their Bigottry in their inhuman and sanguinary Religion That the King of England is second to none in a blind and rageful Popish Zeal his Behaviour both while a Subject and since he arrived at the Crown doth not only place it beyond the limits of a bare Suspition but affords us such Evidences of it as that none in consistency with Principles of Wisdom and Discretion can either question or contradict it To what else can we ascribe it but to an excessive Bigottry That when the Frigot wherein he was Sailing to Scotland anno 1682. struck upon the Sands and was ready to sink he should prefer the Lives of one or two pitiful Priests to those of Men of the greatest Quality and receive those Mushroons into the Boat in which himself escaped while at the same time he refused to admit not only his own Brother-in-Law but divers Noblemen of the Supremest Rank and Character to the benefit of the same means of Deliverance and suffered them to perish though they had undertaken that Voyage out of pure respect to his Person and to put an Honor upon him at a Season when he wanted not Enemies Nor can it proceed from any thing but a violent and furious Bigottry that he should not only disoblige and disgust the two Universities of whose Zeal to his Service he hath receiv'd so many seasonable and effectual Testimonies but to the Violation both of the Laws of God and the Kingdom offer force to their Consciences as well as to their Rights and Franchises and all this in favor of Father Francis whom he would illegally thrust into a Fellowship in Cambridge and of Mr. Farmer whom he would arbitrarily obtrude into the Headship of a College in Oxford who as they are too despicable to be owned and stood for in Competition against two famous Universities whose greatest Crime hath been an Excess of Zeal for his Person and Interest when he was Duke of York and a measure of Loyalty and Obedience unto him since he came to the Crown beyond what either the Rules of Christianity or the Laws of the Kingdom exact from them so he hath ways enough of expressing Kindness and Bounty to those two little contemptible Creatures and that in Methods as beneficial to them as the Places into which he would thrust them can be supposed to amount unto and I am sure with less Scandal to himself and less Offence to all Protestants as well as without offering Injury to the Rights of the University or of compelling those learned grave and venerable Men to perjure themselves and act against their Duties and Consciences The late Proceedings towards Dr. Burnet are not only contrary to all the Measures of Justice Law and Honor but argue a strange and furious Bigottry in His Majesty for Popery there being nothing else into which a Man can resolve the whole Tenor of his present Actings against Him seeing setting aside the Doctor 's being a Protestant and a Minister of the Church of England and his having vindicated the Reformation in England from the Calumnies and Slanders wherewith it was aspersed by Sanders and others of the Roman Communion and the approving himself in some other Writings worthy of the Character of a Reformed Divine and of that esteem which the World entertains of him for Knowledge in History and all other parts of good Learning there hath nothing occurred in the whole Tenor and Trace of his Life but what instead of Rebuke and Censure hath merited Acknowledgments and the Retributions of Favor and Preferment from the Court. Whosoever considers his constant Preaching up Passive Obedience to such a Degree and Height as he hath done may very well be surprised at the whole Method of their present Actings towards him and at the same time that they find cause to justifie the Righteousness of God in making them the Instruments of his Persecution whom in so many ways he had sought to oblige they may justly conclude that none save a Bigotted Papist could be the Author of so insuitable as well as illegal and unrighteous Returns For as to all whereof he is accused in the Criminal Letters against him bearing date the 19th of April 1687. I my self am both able to assert his Innocence and dare assure the World that none of the Persons whom he is charged to have conspired with against the King would have been so far void of Discretion knowing his Principles as to have transacted with him in Matters of that kind but whether his Letters since that to the Earl of Middletoune with the Paper inclosed in one of them have administred any Legal Ground for their Second Citation
recommended to the Favor of the two Royal Brothers Nor is it unworthy of Observation that some of the most virulent Writers against Liberty of Conscience and others of the most fierce Instigators to the persecuting Dissenters among whom we may reckon Parker Bishop of Oxford and Cartwright Bishop of Chester are since Addressing for the Declaration of Indulgence became the means of being graciously look'd upon at Whitehall turned forward Promoters of it tho their Success in their Diocesses with their Clergy hath not answered their Expectations and Endeavors For as these two Mytred Gentlemen will fall in with and justifie whatsoever the King hath a mind to do if they may but keep their Seas and enjoy their Revenues which I dare say that rather than lose they will subscribe not only to the Tridentine Faith but to the Alcoran so it is most certain that they two as well as the Bishop of Durham have promised to turn Roman Catholicks and that as Crew hath been several times seen assisting at the Celebration of the Mass and that as Cartwright paid a particular respect to the Nuncie at his solemn Entrance at Windsor which some Temporal Lords had so much Conscience and Honor as to scorn to do so the Author of the Liege Letter tells us that Parker not only extremely favors Popery but that he brands in a manner all such for Atheists who continue to plead for the Protestant Religion 'T is an Act of the same Candor and good Nature in the King with the former and another Royal Effect of his Princely Breeding as well as of his Gratitude when he Endeavors to cast a farther Odium upon the Church of England and to exasperate the Dissenters against her by saying in the forementioned Letter to Mr. Alsop That the reason why the Dissenters enjoyed not Liberty sooner is wholly owing to the Sollicitation of the Conforming Clergy whereas many of the learned and sober Men of the Church of England could have been contented that the Non-conforming Protestants should have had Liberty long ago provided it had been granted in a legal way and the chief Executioners of Severity upon them were such of all Ranks Orders and Stations as the Court both set on and rewarded for it 'T is not their Brethrens having Liberty that displeaseth modest and good Men of the Church of England but 't is the having it in the virtue of an Usurped Prerogative over the Laws of the Land and to the shaking all the legal Foundations of the Protestant Religion it self in the Kingdom And had the Declaration of Indulgence imported only an Exemption of Dissenters and Papists from Rigors and Penalties I know very few that would have been displeased at it but the extending it to the removing all the Fences about the Reformed Doctrine and Worship and laying us open both to the tyranny of Papists and the being overflowed with a deluge of their Superstitions and Idolatries as well as the designing it for a means to overthrow the established Church is that which no wise Dissenter no more than a conformable man knows how to digest For I am not of Sir R. L'Estrange's mind who after he hath been writing for many years against Dissenters with all the venom and malice imaginable and to disprove the wisdom justice and convenience of granting them liberty hath now the impudence to publish that whatsoever he formerly wrote bears an exact conformity to the present Resolutions of State Pref. to his Hist of the Times p. 8. in that the liberty now vouchsafed is an Act of Grace issuing from the supreme Magistrate and not a claim of Right in the people And as to recited expressions of the King they are only a papal trick whereby to keep up heats and animosities among Protestants when both the inward heats of men are much allay'd and the external provocations to them are wholly removed and they are merely Jesuitick methods by which our hatred of one another may be maintain'd tho the Laws enabling one party to persecute the other which was the chief spring of all our mutual rancor and bitterness be suspended It would be the sport and glory of the Ignatian Order to be able to make the disabling of penal Laws as effectual to the supporting differences among Protestants as the enacting and rigorous execution of them was to the first raising and the continuing them afterwards for many years And if the foregoing Topicks can furnish the King arguments whereby to reproach the Ch. of England when he thinks it seasonable and for the interest of Rome to be angry with them I dare affirm he will never want pretences of being discontented with and of aspersing Fanaticks when he finds the doing so to be for the service of the papal cause And if the forementioned instances of his Majesty's behaviour to the Ch. of England to which he stands so superlatively obliged be neither testimonies of his Ingenuity evidences of his Gratitude nor effects of common much less royal Justice yet what remains to be intimated does carry more visible marks of his malice and design both against the legally established Church and our Religion For not being satisfied with the suspension of all those Laws by which Protestants and they of the national Communion might seem to be injurious to Papists in their Persons and Estates such as the Laws which make those who shall be found to have taken Orders in the Ch. of Rome obnoxious to death or those other Statutes by which the King hath Power and Authority for levying two thirds of their Estates that shall be convicted of Recusancy but by an usurped Prerogative and an absolute Power he is pleased to suspend all the Laws by which they were only disabled from hurting us thro standing precluded from places of Power and Trust in the Government So that the whole security we have in time to come for our Religion depends upon the temperate disposition and good nature of those Roman Catholicks that shall be advanced to Offices and Employments and does no longer bear upon the protection and support of the Law and I think we have not had that experience of grace and favour from Papists as may give us just confidence of fair and candid treatment from them for the future Now that we may be the better convinced how little security we have from his Majesty's promise in his Declaration of his protecting the Archbishops Bishops and Clergy and all other his Subjects of the Church of England in the free exercise of their Religion as by Law established and in the quiet and full enjoyment of their poffessions without any molestation or disturbance whatsoever which is all the Tenour that is left us 't is not unworthy of observation how that beside the suspending the Bishop of London ab Officio and the Vice-Chancellor of Cambridge both ab Officio and Beneficio and this not only for Actions which the Laws of God and the Kingdom make their duty but
Treason or Felony yet it cannot be with any colour of Reason inferred from thence that the King can entirely Suspend the Execution of those Laws relating to Treason or Felony Unless it is pretended that he is cloathed with a Despotick and Arbitrary Power and that the Lives Liberties Honors and Estates of the Subjects depend wholly on his good Will and Pleasure and are entirely subject to him which must infallibly follow on the King 's having a Power to Suspend the Execution of Laws and to Dispense with them Those Evil Counsellors in order to the giving some Credit to this strange and execrable Maxim have so conducted the Matter that they have obtained a Sentence from the Judges declaring that this Dispensing Power is a Right belonging to the Crown as if it were in the Power of the Twelve Judges to offer up the Laws Rights and Liberties of the whole Nation to the King to be disposed of by him Arbitrarily and at his Pleasure and expresly contrary to Laws enacted for the Security of the Subjects In order to the obtaining this Judgment those Evil Counsellors did before-hand examine secretly the Opinion of the Judges and procured such of them as could not in Conscience concur in so pernicious a Sentence to be turned out and others to be substituted in their rooms till by the Changes which were made in the Courts of Judicature they at last obtained that Judgment And they have raised some to those Trusts who make open Profession of the Popish Religion tho those are by Law rendred Incapable of all such Employments It is also Manifest and Notorious that as his Majesty was upon his coming to the Crown received and acknowledged by all the Subjects of England Scotland and Ireland as their King without the least Opposition tho he made then open Profession of the Popish Religion so he did then Promise and Solemnly Swear at his Coronation that he would maintain his Subjects in the Free Enjoyment of their Laws Rights and Liberties and in particular that he would maintain the Church of England as it was established by Law It is likewise certain that there have been at diverse and sundry times several Laws enacted for the Preservation of those Rights and Liberties and of the Protestant Religion And among other Securities it has been enacted That all Persons whatsoever that are advanced to any Ecclesiastical Dignity or to bear Office in either University as likewise all others that should be put in any Imployment Civil or Military should declare that they were not Papists but were of the Protestant Religion and that by their taking of the Oaths of Allegiance and Supremacy and the Test yet these Evil Counsellors have in effect annulled and abolished all those Laws both with relation to Ecclesiastical and Civil Employments In order to Ecclesiastical Dignities and Offices they have not only without any colour of Law but against most express Laws to the contrary set up a Commission of a certain number of Persons to whom they have committed the Cognisance and Direction of all Ecclesiastical Matters in the which Commission there has been and still is one of His Majesties Ministers of State who makes now publick Profession of the Popish Religion and who at the time of his first professing it declared that for a great while before he had believed that to be the only true Religion By all this the deplorable State to which the Protestant Religion is reduced is apparent since the Affairs of the Church of England are now put into the Hands of Persons who have accepted of a Commission that is manifestly Illegal and who have executed it contrary to all Law and that now one of their chief Members has abjured the Protestant Religion and declared himself a Papist by which he is become incapable of holding any Publick Employment The said Commissioners have hitherto given such proof of their Submission to the Directions given them that there is no reason to doubt but they will still continue to promote all such Designs as will be most agreeable to them And those Evil Counsellors take care to raise none to any Ecclesiastical Dignities but Persons that have no Zeal for the Protestant Religion and that now hide their Unconcernedness for it under the specious Pretence of Moderation The said Commissioners have Suspended the Bishop of London only because he refused to obey an Order that was sent him to Suspend a Worthy Divine without so much as citing him before him to make his own Defence or observing the common Forms of Process They have turned out a President chosen by the Fellows of Magdalen College and afterwards all the Fellows of that College without so much as citing them before any Court that could take legal Cognisance of that Affair or obtaining any Sentence against them by a Competent Judge And the only reason that was given for turning them out was their refusing to chuse for their President a Person that was recommended to them by the Instigation of those Evil Counsellors tho the Right of a Free Election belonged undoubtedly to them But they were turned out of their Freeholds contrary to Law and to that express provision in the Magna Charta That no Man shall loose Life or Goods but by the Law of the Land And now these Evil Counsellors have put the said College wholly into the Hands of Papists tho as is abovesaid they are incapable of all such Employments both by the Law of the Land and the Statutes of the College These Commissioners have also cired before them all the Chancellors and Arch-deacons of England requiring them to certifie to them the Names of all such Clergy-men as have read the King's Declaration for Liberty of Conscience and of such as have not read it without considering that the reading of it was not enjoyned the Clergy by the Bishops who are their Ordinaries The Illegality and Incompetency of the said Court of the Ecclesiastical Commissioners was so notoriously known and it did so evidently appear that it tended to the Subversion of the Protestant Religion that the Most Reverend Father in God William Archbishop of Canterbury Primate and Metropolitan of all England seeing that it was raised for no other end but to oppress such Persons as were of eminent Vertue Learning and Piety refused to sit or to concur in it And tho there are many express Laws against all Churches or Chappels for the Exercise of the Popish Religion and also against all Monasteries and Convents and more particularly against the Order of the Jesuits yet those Evil Counsellors have procured orders for the building of several Churches and Chappels for the Exercise of that Religion They have also procured diverse Monasteries to be erected and in contempt of the Law they have not only set up several Colleges of Jesuits in diverse places for the corrupting of the Youth but have raised up one of the Order to be a Privy Counsellor and a Minister of State By all
in open Arms or with Arms in their Houses or about their Persons or in any Office or Imployment Civil or Military upon any Pretence whatsoever contrary to the known Laws of the Land shall be treated by Us and our Forces not as Soldiers and Gentlemen but as Robbers Free-Booters and Banditti they shall be incapable of Quarter and intirely delivered up to the Discretion of our Soldiers And We do further declare that all Persons who shall be found any ways aiding and assisting to them or shall march under their Command or shall joyn with or submit to them in the Discharge or Execution of their Illegal Commissions or Authority shall be looked upon as Partakers of their Crimes Enemies to the Laws and to their Country And whereas we are certainly informed that great Numbers of armed Papists have of late resorted to London and Westminster and parts adjacent where they remain as we have reason to suspect not so much for their own Security as out of a wicked and barbarous Design to make some desperate Attempt upon the said Cities and their Inhabitants by Fire or a sudden Massacre or both or else to be the more ready to joyn themselves to a Body of French Troops designed if it be possible to land in England procured of the French King by the Interest and Power of the Jesuits in Pursuance of the Engagements which at the Instigation of that pestilent Society his most Christian Majesty with one of his Neighbouring Princes of the same Communion has entred into for the utter Extirpation of the Protestant Religion out of Europe Tho we hope we have taken such effectual care to prevent the one and secure the other that by God's Assistance we cannot doubt but we shall defeat all their wicked Enterprises and Designs We cannot however forbear out of the great and tender Concern We have to preserve the People of England and particularly those great and populous Cities from the cruel Rage and bloody Revenge of the Papists to Require and expect from all the Lord-Lieutenants Deputy-Lieutenants and Justices of the Peace Lord-Mayors Mayors Sheriffs and all other Magistrates and Officers Civil and Military of all Counties Cities and Towns of England especially of the County of Middlesex and Cities of London and Westminster and parts adjacent that they do immediately disarm and secure as by Law they may and ought within their respective Counties Cities and Jurisdictions all Papists whatsoever as Persons at all times but now especially most dangerous to the Peace and Safety of the Government that so not only all Power of doing mischief may be taken from them but that the Laws which are the greatest and best Security may resume their Force and be strictly Executed And We do hereby likewise Declare that We will Protect and Defend all those who shall not be afraid to do their Duty in Obedience to these Laws And that for those Magistrates and others of what condition soever they be who shall refuse to assist Us and in Obedience to the Laws to Execute vigorously what we have required of them and suffer themselves at this Juncture to be cajoled or terrified out of ther Duty We will esteem them the most Criminal and Infamous of all Men Betrayers of their Religion the Laws and their Native Country and shall not fail to treat them accordingly resolving to expect and require at their hands the Life of every single Protestant that shall perish and every House that shall be burnt or destroyed by their Treachery and Cowardise William Henry Prince of Orange Given under our Hand and Seal at our Head-quarters at Sherburn Castle the 28th day of November 1688. By his Highness special Command C. HUYGENS. The following Paper was Published by Mr. Samuel Johnson in the Year 1686. for which he was Sentenc'd by the Court of King's Bench Sir Edward Herbert being Lord Chief Justice to stand three times on the Pillory and to be whipp'd from Newgate to Tyburn Which barbarous Sentence was Executed An Humble and Hearty Address to all the English Protestants in this present Army Gentlemen NExt to the Duty which we owe to God which ought to be the principal Care of Men of your Profession especially because you carry your Lives in your Hands and often look Death in the Face The second Thing that deserves your Consideration is The service of your Native Country wherein you drew your first Breath and breathed a free English Air. Now I would desire you to consider how well you comply with these two main Points by engaging in this present Service Is it in the Name of God and for his Service that you have joyned your selves with Papists who will indeed fight for the Mass-book but burn the Bible and who seek to Extirpate the Protestant Religion with Your Swords because they cannot do it with their Own And will you be Aiding and Assisting to set up Mass-houses to Erect that Popish Kingdom of Darkness and Desolation amongst us and to train up all our Children in Popery How can you do these Things and yet call your selves Protestants And then what Service can be done your Country by being under the Command of French and Irish Papists and by bringing the Nation under a Foreign Yoke Will you help them to make forcible Entry into the Houses of your Country-men under the Name of Quartering directly contrary to Magna Charta and the Petition of Right Will you be Aiding and Assisting to all the Murders and Outrages which they shall commit by their void Commissions Which were declared Illegal and sufficiently blasted by both Houses of Parliament if there had been any need of it for it was very well known before That a Papist cannot have a Commission but by the Law is utterly Disabled and Disarmed Will you exchange your Birth-right of English Laws and Liberties for Martial or Club-law and help to destroy all others only to be eaten last your selves If I know you well as you are English Men you hate and scorn these Things And therefore be not unequally yoaked with Idolatrous and Bloody Papists Be Valiant for the Truth and shew your selves Men. The same Considerations are likewise humbly offered to all the English Seamen who have been the Bulwark of this Nation against Popery and Slavery ever since Eighty Eight Several Reasons for the Establishment of a standing Army and Dissolving the Militia By Mr. S. Johnson 1. BEcause the Lords Lieutenants Deputy Lieutenants and the whole Militia that is to say the Lords Gentlemen and Free-holders of England are not fit to be trusted with their own Laws Lives Liberties and Estates and therefore ought to have Guardians and Keepers assigned to them 2. Because Mercenary Soldiers who fight for twelve Pence a Day will fight better as having more to lose than either the Nobility or Gentry 3. Because there are no Irish Papists in the Militia who are certainly the best Soldiers in the World for they have slain Men Women and Children
That the using Torture without Evidence or in ordinary Crimes is contrary to Law That the sending of an Army in a Hostile manner upon any part of the Kingdom in a peaceable time and exacting of Locality and any manner of free Quarter is contrary to Law That the charging the Lieges with Law-burroughs at the King's instance and the imposing of Bands without the Authority of Parliament and the suspending the Advocates from their Imployments for not compearing when such Bands were offered were contrary to Law That the putting of Garisons on private Mens Houses in a time of peace without the consent of the Authority of Parliament is contrary to Law That the opinion of the Lords of Session in the two Causes following were contrary to Law viz. 1. That the concerting the demand of a Supply for a Forfaulted Person although not given is Treason 2. That Persons refusing to discover what are their private thoughts and judgments in relation to points of Treason or other Mens actions are guilty of Treason That the fining Husbands for their Wives withdrawing from the Church was contrary to Law That Prelacy and Superiority of any Office in the Church above Presbyters is and hath been a great and unsupportable Grievance and Trouble to this Nation and contrary to the Inclinations of the Generality of the People ever since the Reformation they having Reformed from Popery by Presbyters and therefore ought to be abolished That it is the Right and Privilege of the Subjects to protest for remand of Law to the King and Parliament against Sentences pronounced by the Lords of Session providing the same do not stop execution of the said Sentences That it is the Right of the Subjects to Petition the King and that all Imprisonments and Prosecutions for such Petitions are contrary to Law That for redress of all Grievances and for the amending strengthning and preserving of the Laws Parliaments ought to be frequently called and allowed to sit and the freedom of Speech and Debate secured to the Members And they do claim and demand and insist upon all and sundry the Premisses as their undoubted Right and Liberties and that no Declarations Doings or Proceedings to the prejudice of the People in any of the said Premisses ought in any ways to be drawn hereafter in consequence and example but that all Forfaultures Fines loss of Offices Imprisonments Banishments Pursuits Persecutions and Rigorous Executions be considered and the Parties seized be redressed To which demand of the Rights and Redressing of their Grievances they are particularly incouraged by his Majesty the King of England his Declaration for the Kingdom of Scotland of the _____ day of October last as being the only means for obtaining a full Redress and remead therein Having therefore an entire Confidence That his said Majesty the King of England will perfyte the Deliverance so far advanced by him and will still preserve them from the Violation of the Rights which they have here asserted and from all other Attempts upon their Religion Laws and Liberties The said Estates of the Kingdom of Scotland do resolve That William and Mary King and Queen of England France and Ireland ●e and Be Declared King and Queen of Scotland to Hold the Crown and Royal Dignity of the said Kingdom of Scotland to them the said King and Queen during their Lives and the longest Liver of them and that the sole and full exercise of the Royal Power be only in and exercised by him the said King in the Names of the said King and Queen during their joynt lives And after their deceases the said Crown and Royal Dignity of the said Kingdom to be to the Heirs of the Body of the said Queen Which failing to the Princess Ann of Denmark and the Heirs of her Body Which also failing to the Heirs of the Body of the said William King of England And they do pray the said King and Queen of England to accept the same accordingly And that the Oath hereafter mentioned be taken by all Protestants of whom the Oath of Allegiance and any other Oaths and Declarations might be required by Law instead thereof And that the said Oath of Allegiance and other Oaths and Declarations may be Abrogated I A. B. Do sincerely Promise and Swear That I will be Faithful and bear True Allegiance to Their Majesties King William and Queen Mary So help me God A Proclamation declaring William and Mary King and Queen of England to be King and Queen of Scotland Edinburgh April 11. 1689. WHereas the Estates of this Kingdom of Scotland by their Act of the Date of these Presents have Resolved That WILLIAM and MARY King and Queen of England France and Ireland Be and Be declared King and Queen of Scotland to hold the Crown and Royal Dignity of the said Kingdom of Scotland to them the said King and Queen during their Lives and the longest Liver of Them and that the Sole and Full Exercise of the Regal Power be only in and Exercised by the said King in the Names of the said King and Queen during their joynt Libes As also the Estates having Resolved and Enacted an Instrument of Government or Claim of Right to be presented with the Offer of the Crown to the said King and Queen They do Statute and Ordain that William and Mary King and Queen of England France and Ireland be accordingly forthwith Proclaimed King and Queen of Scotland at the Mercat Cross of Edinburgh by the Lyon King at Arms or his Deputs his Brethren Heraulds Macers and Pursevants and at the Head-Burghs of all the Shires Stewarties Bailliaries and Regalities within the Kingdom by Messengers at Arms. Extracted forth of the Meeting of the Estates by me Ja. Dalrymple Cls. God save King WILLIAM and Queen MARY The Manner of the King and Queen taking the Scotish Coronation Oath May 11. 1689. THis day being appointed for the publick Reception of the Commissioners viz. The Earl of Argyle Sir James Montgomery of Skelmerly and Sir John Dalrymple of Stair younger who were sent by the Meeting of the Estates of Scotland with an Offer of the Crown of that Kingdom to Their Majesties they accordingly at three of the Clock met at the Council-Chamber and from thence were Conducted by Sir Charles Cotterel Master of the Ceremonies attended by most of the Nobility and Gentry of that Kingdom who reside in and about this place to the Banqueting-House where the King and Queen came attended by many Persons of Quality the Sword being carried before them by the Lord Cardrosse and Their Majesties being placed on the Throne under a Rich Canopy they first presented a Letter from the Estates to his Majesty then the Instrument of Government Thirdly a Paper containing the Grievances which they desired might be Redressed and Lastly an Address to His Majesty for turning the Meeting of the said Estates into a Parliament All which being Signed by his Grace the Duke of Hamilton as President of the Meeting and
being accompanied with several other Lords at the Delivery thereof thus expressed himself The Earl of Essex's Speech at the Delivering the following Petition to His most Sacred Majesty Jan. 25. 1680. May it please your Majesty THe Lords here present together with divers other Peers of the Realm taking notice that by Your late Proclamation Your Majesty has declared an intention of calling a Parliament at Oxford and observing from History and Records how unfortunate many Assemblies have been when called at a Place remote from the Capital City as particularly the Congress in Henry the Second's time at Clarendon Three several Parliaments at Oxford in Henry the Third's time and at Coventry in Henry the Sixth's time With divers others which have proved very fatal to those Kings and have been followed with great mischief on the whole Kingdom And considering the present posture of affairs the many jealousies and discontents which are amongst the People We have great Cause to apprehend that the consequences of a Parliament now at Oxford may be as fatal to Your Majesty and the Nation as those others mentioned have been to the then Reigning Kings and therefore we do conceive that we cannot answer it to God to Your Majesty or to the People If we being Peers of the Realm should not on so Important an Occasion humbly offer our advice to Your Majesty that if possible Your Majesty may be prevailed with to alter this as we apprehend unseasonable Resolution The Grounds and Reasons of our Opinion are contained in this our Petition which We humbly Present to Your Majesty To the King 's most Excellent Majesty The Humble Petition and Advice of the Lords under-named Peers of the Realm Humbly Sheweth THat whereas Your Majesty hath been pleased by divers Speeches and Messages to Your Houses of Parliament rightly to represent to them the Dangers that Threatned Your Majesty's Person and the whole Kingdom from the Mischievous and wicked Plots of the Papists and the sudden Growth of a Foreign Power unto which no stop or remedy could be Provided unless it were by Parliament and an Union of Your Majesty's Protestant Subjects in one Mind and one Interest And the Lord Chancellor in Pursuance of Your Majesty's Commands having more at large Demonstrated the said Dangers to be as great as we in the midst of our Fears could Imagine them and so pressing that our Liberties Religion Lives and the whole Kingdom would be certainly Lost if a speedy Provision were not made against them And Your Majesty on the 21st of April 1679. Having called unto your Council many Honourable and Worthy Persons and declared to them and the whole Kingdom That being sensible of the evil Effects of a single Ministry or private Advice or Forreign Committee for the General Direction of your Affairs Your Majesty would for the future Refer all things unto that Council and by the constant Advice of them together with the frequent use of your great Council the Parliament Your Majesty was hereafter Resolved to Govern the Kingdoms We began to hope we should see an end of our Miseries But to our unspeakable Grief and Sorrow we soon found our Expectations Frustrated The Parliament then subsisting was Prorogued and Dissolved before it could perfect what was intended for our Relief and Security and though another was thereupon called yet by many Prorogations it was put off till the 21st of October past and notwithstanding Your Majesty was then again pleased to acknowledge that neither Your Person nor Your Kingdom could be safe till the matter of the Plot was gone thorow It was unexpectedly Prorogued on the 10th of this Month before any sufficient Order could be taken therein all their Just and Pious Endeavours to save the Nation were overthrown the good Bills they had been Industriously preparing to Unite all Your Majesties Protestant Subjects brought to nought The discovery of the Irish Plot stifled The Witnesses that came in frequently more fully to declare That both of England and Ireland discouraged Those Forreign Kingdoms and States who by a happy conjunction with us might give a Check to the French Power disheartned even to such a Despair of their own Security against the growing greatness of that Monarch as we fear may induce them to take new Resolutions and perhaps such as may be fatal to us The Strength and Courage of our Enemies both at home and abroad increased and our selves left in the utmost danger of seeing our Country brought into utter Desolation In these Extremities we had nothing under God to comfort us but the Hopes that Your Majesty being touched with the Groans of Your perishing People would have suffered Your Parliament to meet at the Day unto which it was Prorogued and that no further interruption should have been given to their Proceedings in Order to their saving of the Nation But that failed us too For then we heard that Your Majesty by the private suggestion of some Wicked Persons Favourers of Popery Promoters of French Designs and Enemies to Your Majesty and the Kingdom without the Advice and as we have good Reason to believe against the Opinion even of Your Privy-Council had been prevailed with to Dissolve it and to call another to meet at Oxford where neither Lords nor Commons can be in Safety but will be daily exposed to the Sword of the Papists and their Adherents of whom too many are crept into Your Majesties Guards The Liberty of speaking according to their Consciences will be thereby Destroyed and the Validity of all their Acts and Proceedings consisting in it left Disputable The Straitness of the Place no way admits of such a concourse of Persons as now follows every Parliament the Witnesses which are necessary to give Evidence against the Popish Lords such Judges or others whom the Commons have Impeached or had resolved to Impeach can neither bear the Charge of going thither nor trust themselves under the Protection of a Parliament that is it self Evidently under the power of Guards and Soldiers The Premises considered We Your Majesties Petitioners out of a Just Abhorrence of such a dangerous and pernicious Council which the Authors have not dared to avow and the direful Apprehensions of the Calamities and Miseries that may ensue thereupon do make it our most Humble Prayer and Advice That the Parliament may not sit at a Place where it will not be able to Act with that Freedom which is necessary and especially to give unto their Acts and Proceedings that Authority which they ought to have amongst the People and have ever had unless Impaired by some Awe upon them of which there wants not Precedents And that Your Majesty would be graciously pleased to Order It to Sit at Westminster it being the usual Place and where they may Consult and Act with Safety and Freedom And your Petitioness shall ever Pray c. Monmouth Kent Huntington Bedford Salisbury Clare Stanford Essex Shaftsbury Mordant Evers Paget Grey Herbert Howard Delamer The Counties