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A57020 A Reply to the answer Doctor Welwood has made to King James's declaration which declaration was dated at St. Germaines, April 17th, S.N., 1693 and published also in the Paris Gazett, June 20th, 1693. Welwood, James, 1652-1727. 1694 (1694) Wing R1066; ESTC R24075 49,724 48

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first yet the present Conservators of our Liber●y have transmitted to after Ages a president for Parliame●ta●ily taking away that Liberty whensoever the caprice of a fearful or fool●sh Minister se●s up pretences of State for doing it Certainly Pa●liaments ● begin to ●orget the design of their first Institu●●on begin to forget they w●re to assist us against Arbitrary Ministers to secure our Rights and not to sacrifice them I believe had the old Custom o● instructing t●em been revived few Flectors would have given a power to their R●presentatives●●o Imprison their peaceable Neighbours without proof for nothing ● no' ●t can admit of no good excuse yet something more like one might have ●een offered if that Act had been suspended only whilst they could examine the cause of their pannick fear but to repeat it to reiterate such a prostitution of what wi●h all due Reverence to that Assemb●y ●e it spoken t●ey have so li●tle to do withal unless to secure it by more express Laws is of ●●●amous example and I would almost as soon have been o●e of the Regicides of King Charles the first as such a murderer such a sta●er o● our ●u●d●men●al Rights Was any of the men that were by vertue I mean by the Villany of that Suspenti●n committed ever tryed to this day N●y did the G●vernme●t e●er pretend to try any one man for Crimes committed before o● during that Susp●ntion The Nation remembers how many the M●ss●●gers then locked up how many were then Imprisoned in l●athsome Goals how many were sent to the expensive Tower 〈◊〉 a Member of that Parl●am●n● I would not think a private Repentance would obliterate my ●a●lt I would print my Recantation of so destructive a Vote I call it d●st●uc●i●e because it has given an Inlet to Prerogative that our Forefathers never knew that no King ever once imagined that a Parliament of England would countenance tho' it were but for the least point of time But let us come to the Articles of Limerick does not King William plainly act by that devouring Monster as Doctor Welwood calls it the Dispensing P●●e● Does he not grant them Indulgence for their Religion allow them Arms and a freedom from Oaths and Securi●y against prosecutions for ●●eir Plundering and does not he do all this by his own single authori●y tho' it was contrary to the Laws of the Land the Rights and Privile●g●s and the very Safety too of the Protestant Subjects of Ireland Did ou● Parliament take any notice of the Illegality of this Act nay did they not ratifie it I suppose the Parliament of Ireland was not so cram'd with men in Places nor had the Members of it been so much softned by Pentions as the Members of our House of Commons are for when an Act for confirming those Articles was proposed to them they could find that the first Article of that Treaty if confirmed would make an Established Religion and the sixth would deprive all Protestants of their Actions against the Papists by w●om they were pl●ndered even whilst they lived in Peace with them This you may find in a little Pamphlet called an Account of the Sessions of Parliament in Ireland 1692. Which Pamphlet was put forth by some Members of that Parliament who are very fond of this Government tho' they are willing that the Settlement in Ireland may be Religiously observed and that the Pro●estant and Britt●sh Interest there may be secured as the Prince of Orange worded it and promised in the last paragraph of his own Declaration Did we pay so many men to make War in Ireland and make at last such Conditions Could the Prince of Orange to Reduce one Town when h● had all the rest of these three Kingdoms assisting him to Reduce it promis● to enervate the Act of Settlement and yet must King Iames when he wa● in the hands of the Irish when very few others of his Subjects appeared fo● him when the greatest part of the Protestants in Ireland were actually in Arms against him or combining with his Enemies forever stand confounded because he was prevailed upon contrary to his own Inclinations and by a sort of fatal necessity to Repeal that Act of Settlement I believe if the Doctor will read Great Brittain's Iust Complaint and the Answer to Doctor King's Book he will not have Forehead enough to assert any more as he does page the 36 th that the King was Master and without controul when he passed that Act of Repeal and the King promises to consent to every thing that an English Parliament shall think necessary to re●establish that Act now he is really and proper●y Master of his own Actions and tho' the King has good reason and is obliged in honour to recommend to the Parliament of England those Irish that have followed him to the last yet the rascally Irish as this mannerly Pupill of Titus Oates Doctor Welw●od calls them do not appear dearer to King Iames then to the Prince of Orange for King Iames will leave the method of recompensing those that have been Loyal to him to an English Parliament But King William falls out with the Parliament of Ireland because they are not willing those Irish Papists who plundered even while they lived in Peace with them should go unpunished which in plain English shews that King VVilliam to endear himself to the Nati●e Irish is willing to give an Instance that he thinks Robbery is no Crime but perhaps he remembred what the Pyrate said to Alexander may think that 〈◊〉 an Irish Popish Rapparee has no more natural conviction of the hainiousness of such a transgression then his Protestant Dutch Highness has shewn to his own Actions I am past Wondering at any thing King William does but Posterity will be astonished that a Parliament of England could ratifie such Articles To proceed to another Head it is notoriously known that several men were Executed by Martial Law before it was Enacted When an Army is no better paid then ours has been either in England Ireland or Flanders to empower a Commander to Shoot a man to Death because he demands the Money he has earned for himself and his Family with his Sweat and with his Blood is a Law that requires great subtilty and argumentation to prove it equal or just but to give this power to imperious and cholerick Officers without examining how many men had been before the settling of it murdered in their rage and to gratifie their own violence I say to enact this Law without such a retrospection and without guarding 〈◊〉 against a too vigorous execution of it for the future is what little becomes an English House of Commons who ought to have a tender regard to the Life of the meanest Subject Let us come to consider of the numerous Parliamentary Pardons bestowed upon Ministers who have falen foul upon our Laws have not the Subjects even the Peers of England been hunted by Proclamations clapt into Prisons for High Treason and refused the
the Witnesses cannot be supposed to be constrained by an Exiled Prince They have been challenged they have been provoked to search to the very bottom of that Mystry of Iniquity I will not use so rough Language but I humbly recommend that inquiry to them this Sessions Certainly it was an Errour in our Legislators that no Member of i● took any Oaths at the meeting of the Convention and that they laid asid● the use of the Test at a Juncture when the whole Nation was allarum'd a● the exercise of the dispensing Power I have heard a Jolly Papist say tha● if the Priests can dispense with him for eating a Shoulder of Mutton upon a Fryday he would even dispense with himself for that small matter le● him be thought as Hetrodox by the rest of the Catholicks as they pleased Upon my Faith a man would think if the Test and the Oaths can be dispensed withal by one of our three Estates as some phrase it they may be a● well dispensed withal by either of the other I don't say this as being fond either of Oaths or of the Test. I have always thought and have lately seen that Oaths are no great Security to Governments and I never had nor will have any hand in Test-making tho' I can take twenty against Popery All that I mean by this is that methinks the Conventioners our Senate should not have fallen into that Dispensing Power the Nation had so lately cryed out upon with open Mouth The Convention's choosing a Speaker upon a Corporation bottom and a disputed Election possibly cannot in strictness of language be called a Legislative Errour but yet it was such an one as made the Convention it self unfit to be termed any part of our Legislative Authority and invalidated if there had been no other exceptions against them all the acts of that Convention I am sure made them at least disputable I think we may reckon amongst Parliamentary Errours that our Convention draw no better a Bill of Rights did not qualifie explain and limit the Dispensing Power that the threats that were used to B●scowen Hampden● Powel c. and their being promised good Preferments should be able to ●●fle all provisi●ns against Arbitrary Power and leave our Constitution as doubt●● and preca●ious as the Sycophants of both Robes have pretended it to be in the worst of times Whatever these two last particulars mentioned will be reckoned now I b●lieve Posterity will allow them to be Legislative Errou●s amongst which also will be reckoned their Scandalous throwing out of the Iudges hill and the opposition that many of the House of Commons have made to a Bill for Regulating Tryals in Cases of ●igh T●eason and I averr that neither the future will nor can the present Age assign any other reasonable cause for the treatment those Bills have met with but the multitude of Officers and Pentioners that corrupt all the debates of our Senate House I don't intend to run ●hrough every Errour committed by our Legislators I will omit the admission of Out Laws such as Major Wildman Manley c. into the Convention to make Laws for us before they had r●versed their own own Out-Lawries I will not mention that the Houses suffered themselves to be thr●atned by the Mobb sometimes by Members within and s●metimes by People without doors and have given for excuse of what they have done those threats the violence of the times c. and yet have looked and acted and expect to be considered as a free Parliament I will omit the non-prohibition the last Sessions of the exportation of our Money in Specie These and many other Parliamentary errours I will omit that I may as curso●ily look into the Executive Male-administrations Some of these which I have called and which became at length Legisla●ive Errours were originally and at their first setting out executive male-administrations and since I have spoke to them under the one I shall not repeat them under the other Head of my division I will talk no more of Imprisoning without Oath nor executing b● martial Law before it was in Be●ng I will not repeat the Articles of Lymerick But did not the Prince of Orange m●ke his first Steps in the exercise of ●his Government in both Kingdoms upon the Dispensing Power Did he not before he was King send Letters to the City of London to choose unqualified Persons into Places of Trust Did he not also and that before he was King send a Proclamation into Scotland that authorized and impowered Magistrates to officiate in Corporation who were not elected according to their Charter Has not every Term excessive Bail been required three thousand pounds for men that have not b●en worth th●ee hundred Shillings Excessive Fines imposed besides setting in the Pillory a hundred Marks upon a Boy that was not worth so m●ny Pence and now five hundred Marks api●ce besides setting them three times in the Pillory upon two that dispersed this Declaration tho' one of them is not worth so many Gr●●ts Where is that Salvo continemento that we used to talk of Have not Illegal and cruel Punishments been Inflict●d one of the Female Sex set in the Pillory and Fined severely for a foolish Song Have not the Armies taken and forced free qua●t●r in England Scotland and Ireland Have they not been coun●enanced in doing it by those that sit at the H●lm Are our Elections of Parliament men according to our old Constitution Were not my Lord Nottingham and the booted Apostle sent down to solicite against Colonel Mildmay's Election in Ess●x Have there not been many bare-faced Sollicitations Threats and Promises sent to Countries Corpora●ions and p●rticular Electors Were th●re ●ot grea● Sums of Money expended by the Court to hinder the Elections of Wildman and others who had been great authors of the Change meerly because it was plain they made this Change with a design to secure their Country from the abuse of future Ministers Have not Governours been imposed upon the Plantations abroad upon the quo Warranto Foot and contrary ●o the opinion of the Privy Council and meerly by the Arbitrary Command of King William Are not such Judges out of favour and their Salla●ies ill paid who will not do all Jobbs for the Court I appeal to my Lord Chief Baron Atkins and others of the Judges whether or no I am a Slanderer Has not an Order been sent down to the Custom-House at Dover dispensing with the Act of Parliament which prohibits French Wines Was not that Act which prohibits the bringing in of Silk for Sir Henry Limerick Furnace's sake dispensed with the other day by a formal Act of Council In the Name of God is not all the world satisfied that my Lord Bellamount was Closeted during the last Sessions and that many others were so before the Parliament met as well in Flanders as in England Was not the witty Iack How turned off because he would not hold his tongue when the Inter●st of the
Or have we entered into War for any other reason then to to please the humour of the Prince of Orange who we have treated like a fondling Boy that cryed for the nois● of Kettle-Drums and Trumpets and have presented him those Toys to play with Has he made one significant March since the beginning of it Have we taken e're a Town I suppose they will be ashamed to answer with ●u●n and Dixmuyde Have we won ever a Battle Or can we brag of●'re a Skirmish that was faught on any Ground but in the Closet of the G●zetier How long shall we bear with the vain Promises of a Descent into France which have twice ended in nothing but the empty tho' expensive preparations for it and the sufferings of th● poor Owners whose Transport Ships they hired One would think that there were something more unintelligīble in this then in all their other motions and to spend six or seven hundred thousand pound in two Summers upon a Dream and a C●imera has something in it of a different complexion from Folly nor can one well imagin that any mans understanding is so vitiated and false This looks rather as if he fished for all the Expedients that could be invented to beggar England and studied Projects to undo us and making an Experiment how high he can provoke and lowly we can submit he shews a kind of Wantonness in Offending and a Luxury in abusing the Patience of the Nation I know the Ministers a sort of People often whipped upon the backs of Princes whom they serve are blamed for this and that these should be more then whipt they shall have my consent but since the Talents of several of them are known to all the World and their Experience in the Government unquestionable I can no more believe them the Advisers of such bungling measures and oversights as are daily made then I can suppose a Dutch-man ever can wish well to England or a reasonable English-man fall in love with the High and mighty States I have said before that I did not intend this Preface should be Comprehensive and should but hint the present Mischiefs operating I will therefore only challenge any man to instance that Office in the State where the duties of it have been executed with tollerable diligence or discretion and as if the Interest of the Kingdom had been half so much at their Hearts as the spoil and 〈◊〉 of their Employments Have we ever had any intelligence to direct us since the Revolution Did we ever know when Monsieur Turville was to sail from Brest and of what number of Ships his Fleet consisted Did our own Fleet ever sail without such impertinent Orders as could have no effect but to be laught at And with such Provisions as did not serve a Month and sometimes such as poysoned the poor Seamen What happened the last Year is not to be imputed to our Conduct or our Valour but to such an Errour in the French as never was before by them committed and is never to be hoped again Whilst the Nation is reduced to the last degree of Poverty have not Pentions been profusely squandred to such as could pretend to neither Right nor want nor merit When the Souldiers were starving for the want of Pay and the Exchequer empty has not Money been taken up at immoderate Interest to pay the Portions of some Duech women who have been married here Have we not since the beginning of this happy Revolution fed the Duke of Savoy ●nd the Princes of Germany with English Money as if the Indies were ours ●r Sir Carbery Pr●ce's Mine had been of Gold These are but a few blots for it is endless to enumerate the Miscarriages of these last five Years And yet as I said before I can never think either the Ministers or inferior Officers capable of all those extravagancies of themselves For tho' I can very ea●●ly suppose them devoted chiefly to their own present Interest and advantage yet there is a remembrance of their native Soyl that would sometimes check the dissoluteness of these managements and a certain Pride ●hat people take in acting prudently and not exposing themselves to the derision of all mankind This must therefore be what men call an Errour in the first Conjunction the fountain Head is foul and puddled and all the little Rivolets and Branches that flow from it are infected When men dare do nothing but stud● the Taste and Passions of their Masters they must forget their own No building can advance when either the chief Architect is ignorant and cannot or obsti●ate and will not inform the under work-men When forreign Correspondencies and the Secrets of a Prince are wrapt up in mystery and clouds diligence in Ministers is groping and stumbling in the dark Men in such cases must and will lie still intent on nothing but their Pleasures and their Profit If when he rows to Whitehall he has his Sight and Heart fixt towards Loo we know the Obligations we have to him for the honour of his company But Interests I hope cannot mingle so as that England should long continue a Factorage for the States of Holland for that ingrateful People who have been a Goad in English sides ever since we erected them to what they are It is very well known how in the Year 70. they pressed his Christian Majesty to turn his Forces against England and offered to serve him with all their Ships of Burthen and of War to Transport his Army hither They are generally Enemies to all mankind and particular to us and have ever prospered by the misfortunes of their Neighbours and by breaking Leagues and Treaties with their Allyes through cowardice and a worse then punick Faith We have baffled all their Treacheri●s until now that we conspired with them against our s●lves But now the Ax is laid unto the very Root of England and we are dwindling into Ruin at Home by an ambitious and unskilful War and wasting in the extream parts by exposing of our naked Colonies and transfusing the Trade of London into the Veins and Sink of Ams●erdam But yet by an old Maxim which I am sure is misapplyed at present they say The King can do no wrong and therefore the Ministers are arraign●d and an industrious Party goes about excusing him by implication because they load the others with all the miscarriages which have happen●d This has long since produced Reports in Town which are spread into the Countries too that the present Ministers are to be dismist and other Doctors called to restore the Constitution of the Body politick The late Congress a● A●●●op has confirmed this noise and most conclude the Hands tho' no● th● measures will be changed for the T●m●erament of our complying Patriots has discovered it self sufficiently long since and we know a Cat out of a hole is so like a Cat in one that they differ i● Scituation only not in Shape● But when I first heard the Earl of