Confessor was in private with him and said this Harvy used frequently to come to the Prison after Condemnation and that where one Prisoner died a Protestant many died Papists Mr. Wootten said that after some stay he saw Mr. Harvy come out from Mr. Hubert and then he was admitted to have Speech with him Mr. Cawdry Keeper of Newgate did Inform That Mr. Harvy the Jesuit did frequent the Prison at Newgate about the times of the Execution upon the pretence of the Queens Charity and did spend much time with the Prisoners in private and particularly did so before the last Execution night after night Mr. Cawdry said likewise of the nine that suffered eight died Papists whereof some he knew were Protestants when they came into the Prison It appeared upon several Informations that Mr. Harvy and other Priests did not only resort to Newgate at times of Execution but likewise to the White-Lion in Southwark and other places in the Country and used their endeavours to pervert dying Prisoners Thomas Barnet late a Papist Informed That when he was a Papist and resorted to Gentlemens Houses in Barkshire that were Papists there was almost in every Gentlemans House a Priest and instanced in divers private Gentlemen in that County Others inform the like in Sarrey Mr. Cottman did inform That one Mr. Carpenter late a Preacher at Colledge-hill did in Discourse tell Cottman That the Judgments of God upon this Kingdom by the Plague last year and lately by the Fire in London were come upon this Land and People for their forsaking the true Roman Catholick Religion and shaking off Obedience to the Pope and that if they would return to the Church of Rome the Pope would rebuild the City at his own Charge Carpenter said likewise to Cottman That if he would come and hear him Preach the next Sunday at his House in Queen-street he would give twenty Reasons to prove that the Roman Catholick was the true Religion and his the false and that our Bible had a thousand falsities in it and that there was no true Scripture but at Rome and their Church Carpenter at the Committee confessed that he had formerly taken Orders from the Church of Rome to be a Priest but said he had renounced that Church and taken Orders in England The next thing is the Information of their Insolency and I shall begin with their Scorning and Despising the Bible One Thomas Williams an Officer in Sir William Bowyer 's Regiment Informed That one Ashley a Papist seeing a Woman read in a Bible asked her why she read in that Damnable Presbiterian Bible and said A Play-book was as good Thomas Barnet of Bingfield in Barkshire Informed That being at one Mr. Young's House in Bingfield at Bartholomew-tide last Mr. Young said to the Brother of this Thomas in his hearing That within two Years there should not be a Protestant in England Thomas Barnet Informed further That being at Mr. Doncaster's House in Bingfield one Mr. Thural Son-in-Law to Mr. Doncaster and both Papists said to this Informer who was then likewise a Papist The People take me for a poor fellow but I shall find a thousand or two thousand pounds to raise a party of Horse to make Mr. Hathorns and Mr. Bullocks fat guts lie on the ground for it is no more to kill an Heretick than to kill a Grashopper and that it was happy for him that he was a Catholick for by that means he shall be one that shall be mounted Mr. Linwood Scrivenner in White-Chappel Informed That about the Twentieth of October last meeting with one Mr. Binks a Papist and discoursing with him Binks told him That there was amongst the Papists as a great Design aâ— ever was in England and he thought it would be executed suddenly Being asked how many Papists there were about London He answered About seven thousand and in England an hundred thousand were Armed Mr. Oaks a Physician dwelling in Shadwel Informed That a little after the burning of London one Mr. Carpenter a Minister came to his House in Tower-wharf and spake to him to this purpose I will not say that I am a Papist but this I will say that I had rather die the death of the Papists and that my Soul should be raised with their Resurrection than either to be Presbiterian Independant or Anabaptist and I tell you the Papists have hitherto been his Majesty's best Fortification for when Presbiterians Independants and Anabaptists forsook and opposed him then they stood by him and helped him and he is now resolved to commit himself into their hands And take it upon my word in a short time the Papists will lay you as low as that house pointing to an house that was demolished for they are able to raise Forty thousand men and I believe the next work will be cutting of Throats This was Sworn by Mr. Oaks before Sir John Frederick a Member of the House Mirian Pilkington being present when the Words were spoken doth affirm them all save only those That the King is resolved to commit himself into the Papists hands Those she doth not remember Henry Young a Distiller of Hot-waters informed That about April 1661. being in the Jesuites Colledge in Antwerp one Powel an English Jesuite perswaded him to turn a Roman Catholick and said That if he intended to save his Life and Estate he had best turn so for within seven Years he should see all England of that Religion Young replied That the City of London would never endure it Powel answered That within five or six Years they would break the Power and Strength of London in pieces and that they had been contriving it these twenty Years and that if Young did live he should see it done The said Young did likewise Inform That shortly after his coming into England one Thomson and Copervel both Papists did several times say to him That within five or six Years at the farthest the Roman Catholick Religion should be all over in this Kingdom Jasper Goodwin of Darking in the County of Surrey Informed That about a Month since one Edward Complin a Papist said to him You must all be Papists shortly and that now he was not ashamed to own himself a Roman Catholick and to own his Priest naming two that were in Darkin in the houses of two Papists and likewise said That in twenty four hours warning the Roman Catholicks could raise thirty thousand Men as well armed as any Men in Christendom William Warner of Darking Informed That the said Edward Complin did tell him That the Roman Catholicks in England could in twenty four hours raise thirty thousand Horse and Arms And upon saying so pulled out his Crucifix and Beads and said He was not ashamed of his Religion John Grawnger of Darking Informed that about a Year since being in his House reading the Bible one Thomas Collins a Papist said to him Are you still a Church-goer Had you not better turn Roman Catholick If you stay till you
time be safely conducted thither Nor can I avoid pleasing my self with those joyful and hopeful thoughts when I reflect upon the various steps of Divine Providence by which they are brought into that nearness of legally inheriting these Crowns Certainly there is a voice that speaketh loud to this purpose not only in Gods denying a Legitimate Issue to the Late King and in his taking away from time to time all the Lawful Male Off-spring of his present Majesty but in the uniting their Highnesses in Marriage even to the crossing a certain Persons Inclinations whom I forbear to Name as well as to the disgusting of a Neighbouring Monarch and to the defeating the busie endeavours of the Popish Party But I must return to our Author whose Injustice to their Highnesses and his malice against their Honour Interest and Reputation knows neither end nor bounds For upon Monsieur Fagel's having ask'd Who would go about to advise him or any man else to endeavour to perswade their Highnesses whom God has so far honoured as to make them Defenders of his Church to approve and promote things so dangerous and hurtful both to the Reformed Religion and to the publick safety as the Repealing of the Test Laws would be our Author does hereupon with his wonted Friendship Equity and Candor to those Excellent Princes tells us that he hath not met with so bold a Declaration as this of calling them the Protectors of Gods Church and that the ascribing it to them is a detracting from the Honour of Kings and Monarchs who will not Abdicate from themselves to any other so glorious a Title And in pursuance of his rancour towards their Highnesses he runs out in his way of Wit and Learning into a most silly and impertinent Discourse about the Nature of a Church and accuseth the Prince and Princess as if by having this Character conferred upon them they had a design to usurp from his Majesty of Great Brittain the stile of Defenders of the Faith and to challenge to themselves the being the Protectors of the Church of England Surely this Gentleman does by vertue of his Popish Zeal and Irish Understanding believe that no Titles are due to Princes in reference to the Church of God but what are derived from the Papal Chair Whereas I dare say that Monsieur Fagel in bestowing this Title upon Their Highnesses did not dream of the Roman Pontif but had been taught it by God Almighty whom I take to be the Supream and true Fountain of Honour who is pleased to character such Princes as do cherish and favour his Church by the Name of Nursing Fathers and Nursing Mothers which is the term that the Pensionary useth in reference to their Highnesses And as it is their own merit which according to the Tenor of the Divine Creation hath entitled them to this glorious stile so they are neither to be ridicul'd nor hectored out of that duty of countenancing and supporting the Reformed Religion nor to be deterred by bold and empty words from those compassionate generous and Princely Offices to sincere Orthodox Believers by which they have deserved it And while others glory in the enjoyment of the Titles of most Christian and most Catholick Kings which their Vassalage to the See of Rome their contributing to the Exaltation of the Triple Crown and their being the Popes Executioners in the shedding the Blood of Saints hath procured unto them 't is enough for their Highnesses to be by the Suffrage of all true Protestants and that agreeably to the Doctrine and Authority of the Sacred Scriptures had in esteem and reverenced for Nutritii and Protectors of Gods Church Nor do they appropriate this stile to themselves tho' they account it the brightest among all their Titles but they acknowledge it to belong equally to many others and are afflicted at nothing more than that all Potentates may not justly claim a share in it And as the Pensionary's ascribing it unto their Highnesses was out of no design to usurp upon the King of Englands Title of Defender of the Faith nor to affix any Authority unto them over that Church so it will be no presumption to add that all of the Reformed Religion in that Kingdom how much soever differing in little and circumstantial things among themselves are yet so far sensible of the obligations they are under to Their Highnesses and of the benefits they have all the Assurance to expect from them hereafter that without meaning ill either to the King or to any one else they will unanimously join in stiling them Defenders of the Christian Reformed Faith and Protectors of Gods Church professing the Protestant Religion And they will easily know with whom they are to be angry and against whom to direct their Resentments Mijn Heer Fagel had said that if the Dissenters cannot during his Majesties Reign be eased from the Penal Laws unless the Tests be also abrogated that this will be an unhappiness unto them but for which the Roman Catholicks are only to be blamed who chuse rather to be contented that they and their Posterity should remain still obnoxious to the Penal Laws and exposed to the hatred of the whole Nation than be restrained from a capacity of attempting any thing against the peace and security of the Reformed Religion Our Author whose envy and injustice against Their Highnesses is not yet fully spent doth in his imprudent and indiscreet way obtrude from hence upon the World that the Nonconformists as well as the Roman Catholicks may hereby see where their true Interest stands and that they are extreamly obliged to those in whose Name this advice is given for the Consolation afforded them in the condition under which they are stated by Law Which is as much as if he should harangue the Nonconformists into discontentment against the Prince and Princess by assuring them that they are to hope for no relief against the Penal Laws by any favour of theirs Whereas the Dissenters are not only told that their Highnesses are willing to consent but that they do fully approve that they should have an entire Liberty for the full exercise of their Religion without being obnoxious to receive any prejudice trouble or molestation upon that account So that the heat which our Author would enflame the Dissenters unto against their Highnesses ought to turn and spend it self against the Papists who rather than part with the Tests which the Nonconformists are as much concerned to have maintained as they of the National Communion can be are resolved to keep all the Penal Laws in force and to leave the Dissenters under the dread and apprehension of them But this they may be fully perswaded of that if they can escape the edge of them during this Kings Reign they will be in no danger from them in case the Nation come once to be so happy as to see their Highnesses seated on the Throne For as much as they have not only their word which was hitherto
shift Instruments and to betake themselves to the Nonconformists whose assistance the better to engage they have not only suspended all the Penal Laws to which the Dissenters were liable but have endeavoured to fill ' them with jealousy and apprehension of danger from the Test Acts tho at the same time they know that Nonconformists never either did or could receive prejudice by them Only they are sensible that if they could work up that easie people into such a belief they should thereby not only obtain their concurrence and abettment for the rescinding of those Laws that are at present the only great remaining Fence about our Religion and upon the abrogation whereof nothing could hinder the Papists from getting into a condition to extirpate it but make them a formed and united Body with themselves against the Prince and Princess of Orange who have with so much Wisdom Courage and Integrity declared that they are against the having them repealed And as the Dissenters cannot have so far renounced all regard both to honesty and to a good name as to be fond of being herded with the Papists or thank our Author for it so they must be become void of all sense and understanding if they suffer themselves to be either wheedled or frighted into an opinion of their being subject to receive any dammage by the Tests it being so expresly contrary both to the Terms of those Laws and to their own experience Nor can they be so far abandoned of God nor prove so treacherous to the Nation Posterity and the whole Protestant Interest thro' Europe as to cooperate to the Repeal of them by destroying that great Fence about the Reformed Religion in England and to put the Papists into capacity both of subverting it there and every where else And setting aside a few mercenary fellows among them there is no ground to fear after we have had so many proofs of their zeal for the Protestant Religion and English Liberties in the worst of times and under the greatest Temptations that they should at this season when all others behave themselves with so much Integrity and Courage be accessory to so villanous a thing The ill success which the Court hath met with in the several Towns and City's since the late Regulation of the Corporations sufficiently shews that the Dissenters who were put into Magistracy in hopes by them to have compassed the packing of a Parliament are no less careful of preserving the Test Laws than they of the Church of England Communion were who were displaced to make way for them And to discover the grossness of the abuse which our Author without regard to Truth or Ingenuity endeavours to put upon them as if they were judged by their Highnesses to be incapable of Trusts and Employments or any ways concluded to stand under those restraints by the Test which the Roman Catholicks do there is not one word in Mijn Heer Fagel's Letter whereby they are said to be subject unto them or by which there is any ground administred of fancying they are put into the same rank with the Papists and whereby to fear that they may hereafter come to be treated accordingly But in stead of this they are expresly told that Their Highnesses do both allow and desire the abrogation of all the Penal Laws against Dissenters and the having them freed from the severity of them and that they do not only consent but heartily approve of their having an entire liberty granted them for the full exercise of their Religion without any trouble or hindrance or being left exposed to the least molestation or inconvenience upon that account And to testifie how far the Nonconformists are from being in the least menaced by those Laws it is again Declared that the only reason why their Highnesses refuse to consent to the having them repealed is because that they have no other tendency save to Secure the Reformed Religion from the Designs of the Papists by containing provisions in the vertue of which those only may be kept out of Office who can not testifie that they are of the Reformed and not of the Roman Catholick Religion Which as it is the highest evidence imaginable of their own stedfastness and integrity in the Reformed Religion and of the compassion and love which they equally bear to all who profess it and how careful they will at all times be to have it maintained and supported so it is the putting such a merit upon all Protestants that it should engage their prayers for their happy extation to the Throne and make them ambitious as well as willing and ready to hazard their lives and Fortunes for the securing the Succession unto them if any should be so wicked as to go about to preclude them But I must pay a further attendance upon our Author and accompany him to the fifth particular which I promised to consider namely that according to his own foolish and incoherent way of writing while he pretends to commend and justify the proceeding of His Majesty of Great Brittain he publisheth the villany of the Papal Church and proclaims the dishonour and injustice of diverse Eminent Monarchs and Princes of the Romish Communion His Panegyricks upon the King of England are so many just Satyr's upon the Church of Rome the Monarch of France and the Duke of Savoy c. For if it be becoming a Christian to be of a contrary judgment to those who are for persecuting such as differ from the publick and established Religion and if it be a sentiment worthy of a Royal mind that none ought to be oppressed for their Consciences in Divine Matters what characters of irreligion ignominy wickedness are due unto them who judge it to be meritorious to destroy sincere Christians for no other pretended Crime save that they cannot believe as the Pope and the Church of Rome do Surely our Author must either be extreamly ignorant of the Doctrine of his own Church and of the bloody and barbarous practices pursuant thereunto both at this day and for many ages past or else he must be the most unsincere miscreant that ever writ or at best be guilty of the inconsistency and folly as to continue in the Communion of a Church whose Articles of Faith he condemns as Antichristian and whose practices according to the Terms made necessary for Salvation he abhorreth both as unworthy of Royal Minds and contrary to Christian Piety But tho nothing can render a false man honest or a foolish Man wise yet seeing something may be done towards the curing a person's ignorance if he be teachable or at least to shew his obstinacy and that the fault is in his will not in his Understanding if he will not learn and be convinced I shall therefore both acquaint him a little with the Doctrine of that Church and briefly put him in remembrance how these of the Romish Fellowship have therefore persecuted Christians and still continue so to do only for differing
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
him and that 't is no wonder he should exact an Obedience without reserve from his Subjects in Scotland seeing he himself yields an Obedience without reserve to the Jesuits 'T is known how that by the Rules of their Institution no Jesuit is capable of the Mitre and that if the Ambition of any of them should tempt him to seek or accept the Dignity of a Prelate he must for being capacitated thereunto renounce his Membership in the Order Yet so great is His Majesties Passion for the Honor and Grandeur of the Society and such is their Domination and absolute Power over him that no less will serve him neither would they allow him to insist upon less than that the Pope should dispense with Father Peters being made a Bishop without his ceasing to be a Jesuit or the being transplanted into another Order And this the old Gentleman at Rome hath been forced at last to comply with and to grant a Dispensation whereby Father Peters shall be capable of the Prelature notwithstanding his remaining in the Ignatian Order the Jesuits through their Authority over the King not suffering him to recede from his Demand and His Majesty's Zeal for the Society not permitting him to comply either with the Prayers or the Conscience and Honor of the Supreme Pontiff Not only the King's Unthankfulness unto but his illegal Proceedings against and his Arbitrary invading the Rights of those who stood by him in all his Dangers and Difficulties and who were the Instruments of preventing his Exclusion from the Crown and the chief means both of his Advancement to the Throne and his being kept in it are so many new Evidences of the ill will he bears to all Protestants and what they are to dread from him as Occasions are Administred of Injuring and Oppressing them and may serve to convince all impartial and thinking People that his Popish Malice to our Religion is too strong for all Principles of Honor and Gratitude and able to cancel the Obligations which Friendship for his Person and Service to his Interest may be supposed to have laid him under to any heretofore Had it not been for many of the Church of England who stood up with a Zeal and Vigor for preserving the Succession in the right Line beyond what Religion Conscience Reason or Interest could conduct them unto he had never been able to have out-wrestled the Endeavors of Three Parliaments for ex-excluding him from the Imperial Crown of England And had it not been for their Abetting and standing by him with their Swords in their Hands upon the Duke of Monmouth's Descent into the Kingdom Anno 1685 he could not have avoided the being driven from the Throne and the having the Scepter wrested out of his Hand Whosoever had the Advantage of knowing the Temper and Genius of the late King and how afraid he was of embarking into any thing that might import a visible Hazard to the Peace of his Government and draw after it a general Disgust of his Person will be soon satisfied that if all his Protestant Subjects had united in their Desires and concurred in their Endeavors to have had the Duke of York debarred from the Crown that his late Majesty would not have once scrupled the complying with it and that his Love to his Dear Brother would have given way to the Apprehension and Fear of forfeiting a Love for himself in the Hearts of his People especially when what was required of him was not an Invasion upon the Fundamentals of the Constitution of the English Monarchy nor dissonant from the Practice of the Nation in many repeated Instances Nor can there be a greater Evidence of the present King 's ill Nature Romish Bigottry and prodigious Ingratitude as well as of the Design he is carrying on against our Religion and Laws than his Carriage and Behavior towards the Church of England tho I cannot but acknowledge it a righteous Judgment upon them from God and a just Punishment for their being not only so unconcerned for the Preservation of our Religion and Liberties in avoiding to close with the only Methods that were adapted thereunto but for being so Passionate and Industrious to hasten the Loss of them through putting the Government into ones hands who as they might have foreseen would be sure to make a Sacrifice of them to his beloved Popery and to his inordinate Lust after despotical and Arbitrary Power And as the only Example bearing any Affinity to it is that of Louis XIV who in recompence to his Protestant Subjects for maintaining him on the Throne when the late Prince of Conde assisted by Papists would have wrested the Crown from him hath treated them with a Barbarity whereof that of Antiochus towards the Jews and that of Diocletian and Maximian towards the Primitive Christians were but scanty and imperfect Draughts so there wants nothing for compleating the Parallel between England and France but a little more time and a fortunate Opportunity and then the deluded Church-men will find that Father Peters is no less skillful at Whitehall for transforming their Acts of Loyalty and Merit towards the King into Crimes and Motives of their Ruin than Pere de la Chaise hath shewn himself at Versailles where by an Art peculiar to the Jesuits he hath improved the Loyalty and Zeal of the Reformed in France for the House of Bourbon into a reason of alienating that Monarch from them and into a ground of his destroying that dutiful and obedient People It will not be amiss to call over some of his Majesty's Proceedings towards the Church of England that from what hath been already seen and felt both they and all English Protestants may the better know what they are to expect and look for hereafter Tho it be a Method very unbecoming a Prince yet it shews a great deal of Spleen to turn the former Persecution of Dissenters so maliciously upon the Prelatical and Conforming Clergy as his Majesty doth in his Letter to Mr. Alsop in stiling them a Party of Protestants who think the only way to advance their Church is by undoing those Churches of Christians that differ from them in smaller Matters Whereas the Severity that the Fanaticks met with had much of its Original at Court where it was formed and designed upon Motives of Popery and Arbitrariness and the Resentment and revengeful Humor of some of the old Prelates and other Church-men that had suffered in the late times was only laid hold of the better to justifie and improve it And tho it be too true that many of the dignified Rank as well as of the little Levites were both extremely fond of it and contentiously pleaded for it yet it is as true that most of them did it not upon Principles of Judgment and Conscience but upon Inducements of Retaliation for conceived Injuries and upon a belief of its being the most compendious Method to the next Preferment and Benefice and the fairest way of standing
such Assemblies which times are as ancient as any Memory of the Nation it self hence I infer that no Summons from the King can be thought to have been necessary in those days because it was altogether needless Secondly The Succession to the Crown did not in those days nor till of late years run in a course of Lineal Succession by right of Inheritance But upon the death of a Prince those Persons of the Realm that Composed the then Parliament Assembled in order to the choosing of another That the Kingdom was then Elective though one or other of the Royal Blood was always chosen but the next in Lineal Succession very seldom is evident from the Genealogies of the Saxon Kings from an old Law made at Calchuyth appointing how and by whom Kings shall be chosen and from many express and particular Accounts given by our old Historians of such Assemblies held for Electing of Kings Now such Assemblies could not be Summon'd by any King and yet in conjunction with the King that themselves set up they made Laws binding the King and all the Realm Thirdly After the Death of King William Rufus Robert his Elder Brother being then in the Holy Land Henry the younger Son of King William the First procured an Assembly of the Clergy and People of England to whom he made large Promises of his good Government in case they would accept of him for their King and they agreeing that if he would restore to them the Laws of King Edward the Confessor then they would consent to make him their King He swore that he would do so and also free them from some oppressions which the Nation had groan'd under in his Brothers and his Fathers time Hereupon they chose him King and the Bishop of London and the Archbishop of York set the Crown upon his Head Which being done a Confirmation of the English Liberties passed the Royal Assent in that Assembly the same in substance though not so large as King John's and King Henry the Third's Magna Charta's afterwards were Fourthly After that King's Death in such another Parliament King Stephen was Elected and Mawd the Empress put by though not without some stain of perfidiousness upon all those and Stephen himself especially who had sworn in her Fathers Life-time to acknowledge her for their Soveraing after his decease Fifthly In King Richard the First 's time the King being absent in the Holy Land and the Bishop of Ely then his Chancellor being Regent of the Kingdom in his Absence whose Government was intolerable to the People for his Insolence and manifold Oppressions a Parliament was convened at London at the Instance of Earl John the Kings Brother to treat of the great and weighty affairs of the King and Kingdom in which Parliament this same Regent was depos'd from his Government and another set up viz. the Arch-Bishop of Roan in his stead This Assembly was not conven'd by the King who was then in Palaestine nor by any Authority deriv'd from him for then the Regent and Chancellor must have call'd them together but they met as the Historian says expresly at the Instance of Earl John And yet in the Kings Absence they took upon them to settle the publick Affairs of the Nation without Him Sixthly When King Henry the 3d. died his Eldest Son Prince Edward was then in the Holy Land and came not home till within the third year of his Reign yet immediately upon the Fathers Death all the Prelates and Nobles and 4 Knights for every Shire and 4 Burgesses for every Borough Assembled together in a great Council and setled the Government till the King should return Made a new Seal and a Chancellor c. I infer from what has been said that Writs of Summons are not so Essential to the being of Parliaments but that the People of England especially at a time when they cannot be had may by Law and according to our old Constitution Assemble together in a Parliamentary way without them to treat of and settle the publick Affairs of the Nation And that if such Assemblies so conven'd find the Throne Vacant they may proceed not only to set up a Prince but with the Assent and Concurrence of such Prince to transact all Publick business whatsoever without a new Election they having as great Authority as the People of England can deligate to their Representatives II. The Acts of Parliaments not Formal nor Legal in all their Circumstances are yet binding to the Nation so long as they continue in Force and not liable to be questioned as to the Validity of them but in subsequent Parliaments First The two Spencers Temp. Edvardi Secundi were banished by Act of Parliament and that Act of Parliament repealed by Dures Force yet was the Act of Repeal a good Law till it was Annulled 1 Ed. 3. Secondly Some Statutes of 11 Rich. 2. and attainders thereupon were repealed in a Parliament held Ann. 21. of that King which Parliament was procured by forced Elections and yet the Repeal stood good till such time as in 1 Henry 4. the Statutes of 11 Rich. 2. were revived and appointed to be firmly held and kept Thirdly The Parliament of 1 Hen. 4. consisted of the same Knights Citizens and Burgesses that had served in the then last dissolved Patliament and those Persons were by the Kings Writts to the Sheriffs commanded to be returned and yet they passed Acts and their Acts tho never confirmed continue to be Laws at this day Fourthly Queen Mary's Parliament that restored the Popes Supremacy was notoriously known to be pack'd inso much that it was debated in Queen Elizabeth's time whether or no to declare all their Acts void by Act of Parliament That course was then upon some prudential considerations declined and therefore the Acts of that Parliament not since repealed continue binding Laws to this day The reason of all this is Because no inferiour Courts have Authority to judge of the Validity or Invalidity of the Acts of such Assemblies as have but so much as a colour of Parliamentary Authority The Acts of such Assemblies being Entred upon the Parliament-Roll and certified before the Judges of Westminster-Hall as Acts of Parliament are conclusive and binding to them because Parliaments are the only Judges of the Imperfections Invalidities Illegalities c. of one another The Parliament that call'd in King Charles the Second was not assembled by the Kings Writ and yet they made Acts and the Royal assent was had to them many of which indeed were afterwards confirmed but not all and those that had no Confirmation are undoubted Acts of Parliament without it and have ever since obtained as such Hence I inferr that the present Convention may if they please assume to themselves a Parliamentary Power and in conjunction with such King or Queen as they shall declare may give Laws to the Kingdom as a legal Parliament The Thoughts of a Private Person about the Justice of the Gentlemens Vndertaking
STATE TRACTS Being a Farther COLLECTION OF Several Choice Treatises 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 LONDON Printed and are to be Sold by RICHARD BALDWIN near the Oxford-Arms in Warwick-Lane MDCXCII PREFACE to the READER THE Main and Principal Design of making this following Collection was to preserve entire in this Second Volume some other Excellent Tracts of equal esteem and value with the former which made that Book so much obtain among the Learned and Curious as that the whole Impression of it is already near sold And as it cannot but be very entertaining to Vs in the reading of them who do yet so sensibly remember what we then felt and looked for worse to fall on us every day than other so it will certainly be of great Benefit and Advantage to our Posterities in future who may considerably profit themselves by our Misfortunes This is a Collection that in the general will set forth the true and Legal Constitution of our Ancient Famous English Government which of all the Countries in Europe Memoirs of Philip de Comines Kt. lib. 5. cap. 18. p. 334. in Octavo Printed 1674. where I was ever acquainted says the Noble Lord of Argenton is no-where so well managed the People no-where less obnoxious to Violence nor their Houses less liable to the Desolations of War than in England for there the Calamities fall only upon the Authors 'T was a true Observation that this Great Man made of the Justice of our Gallant Ancestors in his days how miserable the Successive Generations have deviated from the vertue of their steps how much the strict Piety of their Manners and the noble Bravery of their Spirits Tempers and Complexions have been enervated and dissolved by the later looseness supine carelesness and degeneracy the present Age hath great reason to bewail and 't is hoped that those to come will be hereby cautioned to grow wiser and better by those past Follies and Miscarriages In particular Here will be seen the dangerous Consequences of keeping up a standing Army within these Kingdoms in a time of Peace without consent of Parliament The Trust Power and Duty of Grand Juries and the great Security of English-mens Lives in their faithful discharge thereof The Right of the Subject to Petition their King for Redress of their Wrongs and Oppressions and that Access to the Sovereign ought not to be shut up in case of any Distresses of his People The Spring of all our late private Mischievous Councils and Cabals and the Special Tools that were thought fittest for Preferment to be imployed under a colour of Authority to put all those concerted Designs in motion and execution The Parliament's Care in appointing a Committee to examine the Proceedings of the Forward and Active Judges upon several Cases that were brought before them of grand importance to the Common-weal Peace and Safety of the Nation ☞ and the Resolution of the House of Commons upon their Report That the Judges said Proceedings were Arbitrary and Illegal destructive to Publick Justice a high and manifest Violation of their Oaths a Scandal to the Reformation an usurpation of the Legislative Power to themselves and a means to subvert the Fundamental Laws of this Kingdom And the several Grievances that this Nation hath long been labouring under for the Advancement of Popery Arbitrary Dominion and the unmeasurable Growth and Power of France There are likewise interspersed in this Volume several Matters of Fact relating to the Male-Admininistration of Affairs in Scotland under Duke Lauderdale and his Favourites as also a Large and Faithful Account of the late Earl of Argyle's Tryal Escape and Sentence with divers other things for the better clearing of his Case In a word This Collection will discover to us the Mysteries of the Monarchy in the two Late Reigns and the Abused Trust of Government in those Princes by a Dispencing Power both in Ecclesiastical and Civil Matters to Tyrannize over their Subjects who in the mean while were taught by sâ—me Passive-Obedience and Non-Resistance Doctrine-holders That all their Duty was tamely to submit to and patiently sigh under their daily Sufferings and Oppressions and I think we bore them so long till we were within one throw more of loosing all our good old Laws and Constitutions and even the Government it self Our Miseries were lately so great and many as you will find here that it is impossible for any one better and more fully to express them than in the words of a very Learned and Judicious Author who hath thus given us a just and lively Representation of them Our Laws says he were trampled under foot and upon the matter abolished to set up Will and Pleasure in their room under the Cant and Pretence of Dispencing Power Our Constitution was overthrown by the Trick of New Charters and by closetting and corrupting Members of Parliament Men were required under pain of the highest Displeasure to consent Some Considerations about the most proper way of raising Money in the present Conjuncture Printed Octob. 1691. and concur to the sacrificing their Religion and the Liberty of their Countrey The worthiest honestest and bravest Men in England had been barbarously murthered and to aggravate the Injustice which was done them all bad been varnished over with a Colour of Law and the Formality of Tryals not unlike the Case of Naboth and Ahab Those whom the Law declared Traytors were in defiance of the National Authority introduced into our Councils and the Conduct of Affairs put into their hands Our Vniversities were invaded by open Force those who were in the lawful possession of the Government of Colledges turned out and Papists sent thither in their room And if that Attempt had throughly prospered the Churches and Pulpits would soon have followed It were vain to go about to enumerate Particulars In a word the Nation was undone All was lost The Judges were suborned or threatned to declare that the King was Master of all the Laws and the Bishops were required to publish this New-created Prerogative in all the Churches of England by the Mouths of the Clergy which when some of them refused to do representing to the King with the utmost submission and modesty that neither Conscience nor Justice permitted them to do what he desired they were prosecuted at Law as if they had been guilty of some great Crime Letters were written and intercepted by which it appeared evidently that the change of our Religion was determined and that Popery was to be brought in with all speed least the opportunity should be lost And for the better compassing this pious design our Civil and Parliamentary Rights were to be taken away in Ordine ad Spiritualia And when the Nation and those who were concerned
for it being terrified by the greatness of the danger would have compounded so far as to have taken away the Penal Laws against Papists and so have set them upon a Level with other English Subjects provided the Test might have been continued and the Government secured from falling into the hands of that Faction all such offers were despised and rejected with scorn Nor would any thing content the Bigotry and Arbitrary humour of those who were then in the Saddle less than the total enslaving of the Nation and the Re-establishment of that Idolatrous Religion from which our Ancestors had freed themselves with so much Bravery and Generosity in the beginning of the last Century In this deplorable Condition His then Highness the Prince of Orange found these Kingdoms when he came to relieve us from the greatest Oppressions He heard the Voice of the People that earnestly invited him over to their Rescue and taking it as undoubtedly it was for the Voice of God complied and God hath made us All happy with the desired success Had the late King James stuck firmly to the Interests of his People He would thereby have easily secured his own and if they could have found He had had what he assured both Houses of Parliament King's Speech to both Houses of Parliament May 30. 1685. in a Speech he made to them A true English heart as Jealous of the Honour of the Nation as they themselves could be he might have carried by God's Blessing and their Assistance as he then said the Reputation of it yet higher in the World than ever it had been in the time of any of his Ancestors He wanted not some about him at the first especially that would gladly have given him faithful Counsel Those that were able to advise him well and were real Friends to Him as they were true to their Religion and to the Interest of their Countrey and A Wise Man says my incomparable Author Memoirs of Philip de Comines lib. 3. c. 5. p. 159. in a Prince's Retinue is a great Treasure and Security to his Master if one has the Liberty to speak truth and the other the Discretion to believe him But unhappy Prince He was resolvedly bent by the force of his own Superstition the Power and Influence of the Priests and Jesuits that continually attended on him and the Directions from France upon the total Destruction of our Reformed Religion that Pestilent Northern Heresy our Liberties and our Properties and was upon the point of effecting that Tremendous Design but God in his Wise Providence with Infinite Mercy and Compassion to this almost Ruined Land and People saw it meet to give check to that Imperial Carreer with a hitherto shalt thou come and no further HE REMOVETH KINGS AND SETTETH UP KINGS In this Volume you have a full Account of our late happy Revolution with almost all the steps and measures that were taken in it and a justification of our present Settlement 'T was God's doing and it ought ever to be marvellous in our eyes We have now a King and Queen professing the same Faith with our selves who as He came over to preserve our Dearest Interests the Protestant Religion and to restore to Vs our invaded Laws and Liberties found the Nation generally disposed to receive him as the Mighty Deliverer under God of this Church and State The hand of Heaven conducted him with safety up to London and all the Kingdom called him Blessed and in a sence of Joy and Gratitude to Him and His Royal Consort The whole Body of the Nation by their Representatives in Parliament have recognized and acknowledged Their present Majesties to be their Lawful and Rightful Sovereign Liege Lord and Lady And how could we do less than own them for our King and Queen who by such an amazing turn have redeemed from Slavery both our Souls and Bodies if we pretend to any value for our Holy Religion or any English Love of Liberty We have a King of an Extraordinary Personal Valour and Conduct that hath very often already ventured his Life and still resolves to despise all difficulties and hazards himself that His People may reap the fruit of them in their own Peace and Prosperity and that the Protestant Religion may be established to us and our Children to future Generations The Queen is as Supream in Her Vertue as in Her Dignity and hath shewed a most Eminent Resolution as well as a most Prudent Care in all the Administrations of the Government when the Absence of the King hath obliged Her to take the Exercise of the Regal Power upon Her So that the Nation may now hope to enjoy a lasting Felicity from the Royal Protection of both Their Majesties whose constant endeavours we are assured from themselves will be imployed to procure and support the Interest and Honour of it and the Benefit Safety and Ease of their People they throughly understanding the Truth of Mons Gourville's Observation who had been long enough here in England Memoirs of what past in Christendom from the War begun 1672. to the Peace concluded 1679. p. 33 34. to know the Humour of our Court and People and Parliaments to conclude Qu'un Roy d'Angleterre qui veut estre l'homme de son peuple est le plus Grand Roy du monde mais s'il veut estre quelque chose d'avantage par Dieu il n'est plus rien i. e. That a King of England who will be the MAN of his People is the greatest King in World but if he will be something more he is nothing at all I may venture therefore to Prophesy that this King and Queen will take the same care to continue as they have already done to make themselves the DARLING of their People and no Good English Man can wish for more but that this King and Queen may long Reign and that the Tripple Alliance of their Sacred Majesties their Parliaments and their People may never be dissolved Little needs be said concerning the usefulness of such Collections as these THAT formerly published having received sufficient Approbation from Persons of Learning and Knowledg The benefit of them is the same with what redounds from a true History not of Battels and Sieges Births Marriages and Deaths of Princes which are temporary and momentary things but of the Legal Government of a Nation struggling with Arbitrary Power and Illegal Proceedings so far forth as it was invaded within the time mentioned in the Title A CATALOGUE OF THE TRACTS Contained in This Second Volume 1. THE Earl of Clarendon's Speech about disbanding the Army September 13. 1660. Fol. 1 2. The State of England both at home and abroad in order to the Designs of France considered 6 3. Of the Fundamental Laws or Politick Constitution of this Kingdom 22 4. London's Flames revived Or an Account of several Informations exhibited to a Committee appointed by Parliament Sept. 25. 1666. to inquire into the burning of London
With several other Informations concerning other Fires in Southwark Fetter-Lane and elsewhere 27 5. Votes and Addresses of the Honourable House of Commons assembled in Parliament made 1673. concerning Popery and other Grievances 49 6. A Letter from a Parliament-man to his Friend concerning the Proceedings of the House of Commons this last Session begun the 13th of October 1675. 53 7. A Speech made by Sir William Scroggs one of His Majesty's Serjeants at Law to the Right Honourable the Lord Chancellor of England at his admission to the Place of one of His Majesty's Justices of the Court of Common-Pleas 56 8. A Discourse upon the Designs Practises and Councels of France 59 9. An Answer to a Letter written by a Member of Parliament in the Countrey upon the Occasion of his reading of the Gazette of the 11th of December 1679. wherein is the Proclamation for further proroguing the Parliament till the 11th of November next ensuing 67 10. The Right Honourable the Earl of Shaftsbury's Speech in the House of Lords March 25. 1679. 71 11. The Instrument or Writing of Association that the true Protestants of England entred into in the Reign of Queen Elizabeth 73 12. The Act of Parliament of the 27th of Queen Elizabeth in Confirmation of the same 74 13. A Word without doors concerning the Bill for Succession 76 14. A Collection of Speeches in the House of Commons in the Year 1680. 81 15. A Copy of the Duke of York's Bill 91 16. Some particular Matters of Fact relating to the Administration of Affairs in Scotland under the Duke of Lauderdale 93 17. The Impeachment of the Duke and Dutchess of Lauderdale with their Brother the Lord Hatton presented to his Majesty by the City of Edenburgh The matters of fact particularly relating to the Town of Edenburgh humbly offered for His Majesty's information 96 18. His Majesty's Declaration for the dissolving of His late Privy Council and for constituting a New One made in the Council-Chamber at White-hall April 20. 1679. 99 19. The Mâ—ssage from the King by Mr. Secretary Jenkins to the Commons on the 9th of November 1680. 102 20. The Address to His Majesty from the Commons on Saturday the 13th of November 1680. Ibid. 21. The Address of the Commons in Parliament to His Majesty to remove Sir George Jeffreys out of all publick Offices 103 22. His Majesty's Message to the Commons in Parliament relating to Tangier 104 23. The Humble Address of the Commons assembled in Parliament presented to His Majesty on Monday the 29th of November 1680. in answer to that Message ibid. 24. The Humble Address of the House of Commons presented to His Majesty on Tuesday the 21st of December 1680. in answer to His Majesty's Gracious Speech to both Houses of Parliament upon the 15th day of the same December 107 25. The Report of the Committee of the Commons appointed to examine the Proceedings of the Judges c. 109 26. The Report from the Committee of the Commons in Parliament appointed by the Honourable House of Commons to consider of the Petition of Richard Thompson of Bristol Clerk and to examine Complaints against him And the Resolution of the Commons in Parliament upon this Report for his Impeachment for High Crimes and Misdemeanors on Friday the 24th of December 1680. 116 27. Articles of Impeachment of Sir William Scroggs Chief Justice of the Court of King's Bench by the Commons in Parliament assembled in their own Name and in the name of all the Commons of England of High Treason and other great Crimes and Misdemeanors 119 28. The Humble Petition of the Right Honourable the Lord Mayor Aldermen and Commons of the City of London in Common Council assembled on the 13th of January 1680. to the King 's Most Excellent Majesty for the sitting of the Parliament prorogued to the 20th then instant together with the Resolutions Orders and Debates of the said Court 122 29. Vox Patriae Or the Resentments and Indignation of the Free-born Subjects of England against Popery Arbitrary Government the Duke of York or any Popish Successor being a true Collection of the Petitions and Addresses lately made from divers Counties Cities and Burroughs of this Realm to their Respective Representatives chosen to serve in the Parliament held at Oxford March 21 1680. 125 30. The Speech of the Honourable Henry Booth Esq at Chester the 2d of March 1680 1 〈◊〉 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 21st of the said Month. 147 31. An Account of the Proceedings at the Sessions for the City of Westminster against Thomas Whitfield Scrievener John Smallbones Woodmonger and William Laud Painter for tearing a Petition prepared to be presented to the King for the sitting of the Parliament with an Account of the said Petition presented on the then 13th Instant and His Majesty's Gracious Answer 150. 32. The Judgment and Decree of the Vniversity of Oxford passed in their Convocation July 21 1683. against certain pernicious Books and damnable Doctrines destructive to the Sacred Persons of Princes Their State and Government and of all Humane Society 153 32. The Case of the Earl of Argyle Or an Exact and Full Account of his Tryal Escape and Sentence As likewise a Relation of several Matters of Fact for better clearing of the said Case 151 33. Murther will out Or The King's Letter justifying the Marquess of Antrim and declaring that what he did in the Irish Rebellion was by direction from His Royal Father and Mother and for the Service of the Crown 217 34. Vox Populi Or The Peoples claim to their Parliaments sitting to redress Grievances and to provide for the Common safety by the known Laws and Constitution of the Nation 219 35. The Security of English-mens Lives Or The Trust Power and Duty of the Grand Juries of England explained according to the Fundamentals of the English Government and the Declarations of the same made in Parliament by many Statutes 225 36. The Speech and Carriage of Stephen Colledge before the Castle at Oxford on Wednesday Aug. 31. 1681. taken exactly from his Mouth at the place of Execution 255 37. The Speech of the late Lord Russell to the Sheriffs together with the Paper delivered by him to them at the place of Execution July 21. 1683. 262 38. To the King 's Most Excellent Majesty the Humble Petition of Algernoon Sidney Esq 266 39. The very Copy of a Paper delivered to the Sheriffs upon the Scaffold on Friday Dec. 7. 1683. by Algernoon Sidney Esq before his Execution there 267 40. Of Magistracy 269. Of Prerogatives by Divine Right 270. Of Obedience 271. Of Laws 272. By Mr. Samuel Johnson 41. Copies of two Papers written by the late King Charles II. published by His Majesty's Command Printed in the Year 1686. 273. 42. A Letter containing some Remarks on the Two Papers writ by His late Majesty King Charles II. concerning Religion 274
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
and filling up the Throne with K. William and Q. Mary 450 93. A Proclamation Declaring William and Mary King and Queen of England to be King and Queen of Scotland Edinburgh April 11. 1689. 452 93. The manner of the King and Queen's taking the Coronation-Oath 453 94. The Coronation-Oath of England 454 The Coronation-Oath of Scotland Ibid. 95. Proposals humbly offered to the Lords and Commons in the present Convention for Setling of the Government 455 96. The late Honourable Convention proved a Legal Parliament 457 97. The Present Convention a Parliament 459 98. The Thoughts of a private Person about the Justice of the Gentlemens undertaking at York Novemb. 1688. wherein is shewed That it is neither against Scripture nor Moral Honesty to defend their Just and Legal Rights against the Illegal Invaders of them occasioned then by some private Debates and now submitted to better Judgments 461 99. An Enquiry into the Measures of Submission to the Supream Authority and of the Grounds upon which it may be lawful or necessary for Subjects to defend their Religion Lives and Liberties 483 100. The Oaths of Allegiance and Supremacy no Badges of Slavery 489 THE Earl of Clarendon's Speech ABOUT Disbanding the Army SEPTEMBER 13. 1660. My Lords and Gentlemen THE King tells you that he hath commanded me to say many particulars to you and the truth is He hath charged me with so many that I have great reason to fear that I shall stand in much need of His Mercy for omitting many things He hath given me in Command at least for delivering them in more Disorder and Confusion then Matters of such Moment and Importance ought to be to such an Assembly for which the King Himself hath even a kind of Reverence as well as an extraordinary Kindness I am to mention some things He hath done already and many things He intends to do during this Recess that you may see how well content soever he is that you should have Ease and Pleasure and Refreshment he hath designed Work enough for Himself The King hath thanked you for the Provision you have made that there may be no free Quarter during the time the Army shall be Disbanding and hath told you what He will do with that Money you have given Him if there should want wherewithal to Disband it And now I hope you will all believe that His Majesty will consent to the Disbanding He will do so And yet He does not take it unkindly at their hands who have thought that his Majesty would not Disband this Army It was a sober and a rational Jealousie No other Prince in Europe would be willing to Disband such an Army an Army to which Victory is entailed and which humanely speaking could hardly fail of Conquest whithersoever He should lead it and if God had not restored His Majesty to that rare Felicity as to be without apprehension of Danger at home or from abroad and without any Ambition of taking from his Neighbours what they are possessed of Himself would never Disband this Army an Army whose Order and Discipline whose Sobriety and Manners whose Courage and Success hath made it famous and terrible over the World an Army of which the King and His two Royal Brothers may say as the noble Grecian said of Aeneas Stetimus tela aspera contra Contulimusque manus experto credite quantus In clypeum assurgat quo turbine torqueat hastam They have all three in several Countries found themselves engaged in the midst of these Troops in the heat and rage of Battel and if any common Souldiers as no doubt many may will demand the old Roman Priviledge for having encountred Princes single upon my Conscience he will find both Favour and Perferment They have all three observed the Discipline and felt and admired and loved the Courage of this Army when they were the worse for it and I have seen them in a season when there was little else of comfort in their view refresh themselves with joy that the English had done the great Work the English had got the Day and then please themselves with the Imagination what wonders they should perform in the head of such an Army And therefore when His Majesty is so entirely possessed of the Affection and obedience of this Army and when it hath merited so much from Him can it be believed or imagined that He can without some regret part with them No My Lords and Gentlemen He will never part with them and the only sure way never to part with them is to Disband them should it be otherwise they must be exposed to the daily Importunity of His great Neighbours and Allies and how could He refuse to lend them His Troops of which He hath no use Himself His Majesty knows they are too good English men to wish that a standing Army should be kept in the howels of their own Countrey that they who did but in Bello pacis gerere negotium and who whilest an Army lived like good Husbandmen in the Countrey and good Citizens in the City will now become really such and take Delight in the Benefit of that Peace they have so honestly and so wonderfully brought to pass The King will part with them as the most indulgent Parents part with their Children for their Education and for their Perferment He will prefer them to Disbanding and prefer them by Disbanding and will always retain such a Kindness for them and such a Memory of the Service they have done him that both Officers and Souldiers after they are Disbanded shall always find such countenance favour and reward from His Majesty that He doubts not but if he should have Occasion to use their Service they will again resort to Him with the same Alacrity as if they had never been Disbanded And if there be any so ill amongst them as there can be but very few if any who will forfeit that Favour and Protection they may have from Him by any withstanding His Majesties Commands and the full and declared sense of the Kingdom His Majesty is confident they will be as odious to their Companions as they can be to any other honest Men. My Lords and Gentlemen I am in the next place by the Kings Command to put you in mind of the Act of Indemnity not of any Grants or Concessions or Releases He made to you in that Act I have nothing of that in charge no Prince hath so excellent a memory to forget the Favours he doth but of what He hath done against you in that Act how you may be undone by that Act if you are not very careful to perform the Obligations He hath laid upon you in it the clause I am to put you in mind of is this And to the intent and purpose that all names and terms of Distinction may be likewise put into utter Oblivion Be it further Enacted by the Authority aforesaid That if any Person or Persons within the space of three Years next
from those Contentions whilest every one pretended to all the Marks which are to attend upon the true Church except only that which is inseparable from it Charirity to one another My Lords and Gentlemen This Disquisition hath cost the King many a Sigh many a sad Hour when he hath considered the almost irreparable Reproach the Protestant Religion hath undergone from the Divisions and Distractions which have been so notorious within this Kingdom What pains he hath taken to compose them after several Discourses with learned and pious Men of different Perswasions you will shortly see by a Declaration He will publish upon that Occasion by which you will see His great Indulgence to those who can have any Protection from Conscience to differ with their Brethren And I hope God will so bless the Candor of His Majesty in the Condescentions he makes that the Church as well as the State will return to that Unity and Unanimity which will make both King and People as happy as they can hope to be in this World My Lords and Gentlemen I shall conclude with the Kings hearty thanks to you not only for what you have done towards Him which hath been very signal but for what you have done towards each other for the excellent correspondence you have maintained for the very seasonable Deference and Condescention you have had for each other which will restore Parliaments to the Veneration they ought to have And since His Majesty knows that you all desire to please him you have given him ample Evidence that you do so He hath appointed me to give you a sure Receipt to attain that good End it is a Receipt of His own prescribing and therefore is not like to fail Be but pleased your selves and perswade others to be so contrive all the ways imaginable for your own Happiness and you will make Him the best pleased and the most happy Prince in the World THE State of ENGLAND Both at HOME and ABROAD In Order to The Designs of France CONSIDERED To the READER THIS Discourse being imaginarily Scened and yet really performed out of the Treasure of a very great Minister of State 's Capacity it was thought fit to be Published now and not before because that Respect ought to be payed to the Secret of his Majesty's Affairs so as nothing should anticipate the King 's own Labours to give the People Satisfaction in his due time touching the tender Care that He is graciously pleased to take of all his Subjects in point of Honour Safety Freedom Union and Commerce which nothing could more advance then the Conclusion of the Treaty newly made betwixt England and the States of the United Provinces which without Flattery may be demonstrated to Men of Understanding to aim at nothing but the Good of His Subjects in general exempt from all manner of private Interest whatsoever Blessed be God then that it is so happily concluded and that we have a King whom nothing can ever alienate from the true Interest of his Realms nor no corrupt Counsellour let him be thought to be never so Powerful or Crafty in order to his own Advantages prevent the Wisdom and Integrity of such a Prince from prevailing above the Artifices and Frauds of those who would perswade the Nation were they competent Masters of their Art enough so to do that those Counsellors who are not interested can be less prudent or successful then such as did make it their Business to appropriate all to themselves and nothing to their Master The French King is much commended for his Parts and Activity but let us see him out-do the King of England in this particular of the Treaty both in Courage and Conduct and then I shall be apt to attribute his Grandeur as much to natural Abilities as extraordinary Fortune but not before THE State of England c. THE Adventure which happened unto me lately is of so extraordinary a nature and contains so many important Discoveries in relation to the publick Good in its Progress that I should prove defective towards my Countrey if I did not candidly publish all the Passages both touching the Occasion and Effects of what followed from this Accident Know then that a Peer of the Realm of England and one whose Merit Quality and the Place which he holds in the Administration of the Affairs of the Kingdom are remarkable did invite sundry of his Lordship's best Friends to a magnificent Feast and amongst the rest he had the kindness not to omit me out of the number where the excellence of the Chear which he made to his Guests after a most noble manner put the whole Company into such a refined humour of conversing together that the Entertainment was but one intire pleasing Debate how to express our compleat enjoying of each other I was not wanting with the uttermost of Vigour and Solace to uphold the Genious of this Conference But as the freest speakers do commonly come by the worst in Discourse and are the soonest exposed to enterfiering lashes I found my self to be attacqued in so many places at once with the swiftness of other Mens Reasons and Wits who held the opposite Arguments that although I were something heated yet there remained unto me presence of mind enough and success of Intervalls to get insensibly out of the Press whilst the Disorder and Confusion lasted which is usual at such Meetings into another room I retired then pursuing the Opportunity into a fair Gallery which surprised my Eyes with the rich Ornaments wherewith it was furnished but not without trouble neither and a Curiosity beyond the Opticks of the Place which increased there so as I was diverted from any farther Consideration of the Furniture because the Place seemed to lie too near the Enemy to dwell any longer upon those Objects Wherefore I went into another Chamber hard by which instantly filled me with new Apprehensions by the means of several large Looking-Glasses hanging on the Walls which shewed me my own proper Figure at length on every side and from thence imprinted in my wounded Imagination as many Adversaries as there were angular Reflections out of each Mirrour that appeared to pursue me so furiously that I ran on violently with my head forwards in order to some Escape to the door of another Chamber adjoyning thereunto which opened with such Resistance when I thrust against it as if it had been forced with a Petard And thus falling in the Attempt I was so stunned that it was a good while after before I could come to my self again But at last having partly recovered my spirits I was surprised with a fresh astonishment as much amazed me as the former had done that I repeated for when I began to open my eyes half way finding that till then they had been altogether unuseful to me I attributed the Disorder to want of Sight often feeling in regard of the Darkness of the Room to try whether they were still in my head or not
Parliament guilty of exercising an arbitrary Power if their Proceedings be not regulated by written Laws but by Salus Populi Ans For the Parliament to be bound up by written Laws is both destructive and absurd First it is destructive it being the Fundamental Court and Law or the very Salus Populi of England and ordained as to make Laws and see them executed so to supply their Deficiency according to the present Exigency of things for publick Preservation by the Prerogative of Salus Populi which is universally in them and but particularly in particular Laws and Statutes which cannot provide against all future Exigents which the Law of Parliaments doth and therefore are not they to be limits to this And it would yet be further destructive by cutting the Parliament short of half its Power at once for it being a Court both of Law and Equity as appears by the Power of making Laws which is nothing but Equity reduced by common Consent into Polity when ever it is circumscribed by written Laws which only is the Property of inferiour Courts it ceaseth to be supreme and divests it self of that inherent and uncircumscribed Power which Salus Populi comprehends Secondly as it is destructive so also it is absurd for the Legislative Power which gives Laws is not to receive Laws saving from the nature and end of its own Constitution which as they give it a being so they endow it with Laws of Preservation both of it self and the whole which it represents I would not herein be mis-understood as if the Parliament when as it only doth the Office of inferiour Courts judging between Party and Party were not limitted by written Laws there I grant it is because therein it only deals between meum and tuum which particular written Laws can and ought to determine so that its superlative and uncircumscribed Power I intend only as relating to the Universe and the Affairs thereof wherein it is to walk by its fundamental Principles not by particular Precepts or Statutes which are made by the Parliament between King and People not between People and Parliament they are ordained to be Rules of Government to the King agreeing with the Liberty and Property of the People and Rules of Obedience to the People without detainment of their Freedom by the Exercise of an illegal usurped and unconsented Power whereunto Kings especially in hereditary Monarchies are very prone which cannot be suspected by a Parliament which is representatively the Publick intrusted for it and which is like to partake and share with the Publick being but so many private Men put into Authority pro tempore by common Consent for common Good Nor is the Parliament hereby guilty of an arbitrary Government or is it destructive to the Petition of Right when as in providing for Publick-weal it observes not the letter of the Law First because as aforesaid that Law was not made between Parliament and People but by the People in Parliament between the King and them as appears by the whole tenour of it both in the complaining and praying parts which wholly relate to the King Secondly because of the common Consent that in the representative Body the Parliament is given thereunto wherein England in her Polity imitates Nature in her Instincts who is wont to violate particular Principles for publick Preservation as when light things descend and heavy ascend to prevent a Vacuum And Thirdly because of the equitable Power which is inherent in a Parliament and for publick Good is to be acted above and against any particular Statute or all of them And Fourthly because the end of making that Law to wit the publick Preservation is fulfilled in the breaking of it which is lawful in a Parliament that is chosen by the whole for the whole and are themselves also of the Body though not in a King for therein the Law saith Better a mischief than an inconvenience But it may be objected Though it be not arbitrary for the Parliament to go against written Law yet is it not so when they go against the Kings Consent which the Law even the fundamental Law supposeth in Parliamentary Proceedings This hath been answered That the King is juridically and according to the intention of the Law in his Courts so that what the Parliament consults for the publick Good That by Oath and the Duty of his Office and Nature of this Polity he is to consent unto and in case he do deny it yet in the Construction of the fundamental Law and Constitutions of this Kingdom he is conceived to grant it supposing the Head not be so unnatural to the Body that hath chosen it for good and not for evil But it will be answered Where is the Kings Negative Voice if the Parliament may proceed without his Consent I answer That there is no known nor written Law that gives him any and things of that nature are willingly believed till they be abused or with too much Violence claimed That his Majesty hath fundamentally a Right of Consent to the Enacting of Laws is true which as aforesaid is part of that honourable Trust constituted in him And that this Royal Assent is an Act of Honour and not of Absolute and Negative Power or Prerogative appears by these following Reasons First by his Oath at the Coronation mentioned in one of the Parliaments Declarations where he doth or should swear to confirm and grant all such good Laws as his People shall choose to be observed not hath chosen for First The word concedis in that Oath were then unnecessary the Laws formerly Enacted being already granted by foregoing Kings and so they need no more Concession or Confirmation else we must run upon this Shelf that all our Laws die with the old King and receive their being anew by the new Kings Consent Secondly hereby the first and second Clause in that Interrogatory viz. Concedis justas leges permittas protegendas are confounded and do but idem repetere Thirdly Quas Vulgus elegerit implies only the Act of the People in a disjunctive sense from the Act or Consent of the King but Laws already made have more than Quas Vulgus elegerit they have also the Royal Consent too so that that Phrase cannot mean them wherein the Act or Consent of the King is already involved Secondly by the Practise of requiring the Royal Assent even unto those very Acts of Subsidies which are granted to himself and for his own use which it is supposed he will accept of and yet Honoris gratia is his Royal Assent craved and contributed thereunto Thirdly by the Kings not sitting in Parliament to debate and consult Laws noâ— are they at all offered him by the Parliament to consider of but to consent to which yet are transmitted from one House to another as well to consult as consent to shewing thereby he hath no part in the consultory part of them for that it belongs only to the People in Parliament to discern and
are forced none will abide you And said further That there was a Man beyond sea had prophesied That in sixty six if the King did not settle the Romish Religion in England he would be banished out of the Kingdom and all his Posterity And Collins further said That he being lately turned a Roman Catholick he would not be a Protestant for all the World He wished Graunger again in the hearing of his Wife which he affirmed to the Committee to turn his Religion for all the said Prophesie would come to pass in Sixty six Robert Holloway of Darking aforesaid informed That one Stephen Griffin a Papist said to him That all the bloud that had been shed in the late civil War was nothing to that which would be shed this year in England Holloway demanded a reason for these words in regard the Kingdom was in peace and no likelihood of trouble and said Do you Papists intend to rise and cut our throats when we are asleep Griffin answered That 's no matter if you live you shall see it Ferdinand de Massido a Portuguese and some Years since a Romish Priest but turning Protestant Informed That one Father Taff a Jesuite did the last year tell him at Paris That if all England did not return to the Church of Rome they should all be destroyed the next Year Mr. Samuel Cottman of the Middle-Temple Barister Informed That about two Years since one Mr. Jeviston a Popish Priest and called by the Name of Father Garret did perswade him to turn Papist and he should want neither Profit nor Preferment Mr. Cottman objected that he intended to practise the Law which he could not do if he turned Papist because he must take the Oath of Supremacy at his being called to the Bar and if he were a Papist he must not take it Mr. Jeviston replied Why not take the Oath It is an unlawful Oath and void ipso facto And after some pause said further First take the Oath and then I will convert you He said further The King will not own ' himself to be Head of the Church And said further You in England that set up the Dutch to destroy our Religion shall find that they shall be the Men to PULL DOWN YOURS Mr. Stanley an Officer to the Duke of Ormond in Ireland Informed That coming out of Ireland with one Oriel who owned himself of the Order of the Jesuites and commissioned from the Pope to be Lord Primate of Ireland and Archbishop of Armah and falling into some Discourse with him he told him That there had been a Difference between him and some other of the Jesuites in Ireland and that part of the Occasion was that one Father Walsh and some other of the Jesuites there did dispense with the Papists in Ireland to take the Oath of Allegiance and Supremacy by virtue of a standing Commission from the Pope which he had to do it during this King's Life and Oriel thought they ought not to do it by virtue of the standing Commission but should take a new Commission from the Pope every Year to do it And likewise That he brought eight Boys out of Ireland whom he intended to carry to Flanders to breed up in some of the Colledges there And at his taking Shipping to go for Flanders he shaked his Foot towards England terming it Egypt and said He would not return into England till he came with 50 thousand Men at his heels A French Merchant being a Papist living in St. Michael's Lane London writes in a Letter to his Friend That a great number of Men and Arms were ready here if those he wrote to were ready there He being upon the Intercepting of this Letter searched forty Fire-locks were found in his House ready loaden which were carried to Fishmongers-Hall a Month or more before the Fire and he committed to Prison but since released A Poor Woman retaining to one Belson's House a Papist about Darking in Surrey was follicited that she and her husband would turn Roman Catholicks which if they did voluntarily Now they would be accepted of but if they staid a little longer they would be forced whether they would or no and then they would not be esteemed This was deposed before Sir Adam Brown a Member of Parliament A Complaint being made against a Sugar-Baker at Fox-hall his House was searched by Lieutenant Collonel Luntly who found there several Guns with such Locks as no English-man who was at the taking of them could discharge together with Brass Blunderbusses and Fire-works of a furious and burning nature Trial being made of a small part of them the Materials were discerned to be Sulphur Aquavitae and Gun-powder whatever else In a Letter to Sir John Frederick and Mr. Nathanail Heron from Horsham in Sussex the 8th of September 1666. Subscibed Henry Chowne Wherein is mentioned that the said Henry Chowne had thoughts to come to London that week but that they were in Distraction there concerning the Papists fearing they would shew themselves all that day And that he had been to search a Papist's House within six miles of that place He with another Justice of Peace met the Gentleman's Brother who is a Priest going to London whom they searched and found a Letter about him which he had received that Morning from his Sister twenty miles off from him wherein is expressed That a great Business is in hand not to be committed to Paper as the times be Your Committee have thought fit to give no Opinion upon these Informations but leave the matter of Fact to your Judgments I am commanded to tell you That your Committee have several other things of this nature under their Inquiry AS a further Instance of the audacious and insolent Behaviour of these Popish Recusants take the following Copy of Verses made and then scattered abroad by some of their Party in Westminster-Hall and several other places about the City and elsewhere in the Kingdom COvre la feu ye Hugonots That have so branded us with Plots And henceforth no more Bonfires make Till ye arrive the Stygian Lakeâ— For down ye must ye Hereticks For all your hopes in sixty six The hand against you is so steady Your Babylon is faln already And if you will avoid that hap Return into your Mothers lap The Devil a Mercy is for those That Holy Mother-Church oppose Let not your Clergy you betray Great Eyes are ope and see the way Return in time if you will save Your Souls your Lives or ought you have And if you live till sixty seven Confess you had fair Warning given Then see in time or ay be blind Short time will shew you what 's behind Dated the 5th Day of November in the Year 1666. and the First Year of the Restoration of the Church of Rome in England NOt long after the Burning of London Mr. Brook Bridges a young gentleman of the Temple as he was going to attend Divine Service in the Temple-Church in a Pew there
found this following Paper which immediately either by himself or a Relation of his was delivered to Sir William Morrice one of his Majesties Principal Secretaries of State The Contents of the Paper are as follows A Warning to Protestants I Who have been a Papist from my Infancy till of late and in Zeal for their horrid Principles had too great a share in the Firing of the City and did intend to do further Mischief to the Protestants of which I am now and ever shall be a Member do upon Abhorrence of that Villany and Religion that hath moved me to it declare to all Protestants the Approach of their sudden Ruine that it may be prevented if it be not too late When I together with other Papists both French Irish and English fired the City others were imployed to Massacre the Protestants we thinking thereby to destroy the Heads of your Religion but the Massacre was disappointed by the Fear of him who was the chief Agent in this Villany And the Fire not having done all its Work they have often endeavoured to fire the remaining part They intend likewise to land the French upon you to whose Assistance they all intend to come and for that purpose are stored with Arms and have so far deceived the King that they have the Command of most part of the Army and the Sea-Ports The French intend to land at Dover that Garison being most Papists And the Papists in England have express Command from Rome to hasten their Business before the next Parliament and to dispatch Therefore as you love your Lives and Fortunes prevent your Ruine by disarming all the Papists in England especially C. L. from the Tower and the L. D. and all his Adherents and Souldiers from Dover and by disarming all Papists I have such an Abhorrence that I would willingly undergo any Punishment for it and declare my self openly were I not assured that I could do you more good in concealing my Name for the present Delay not from following these Directions as you love your Lives and be not deceived by any Pretences whatsoever An Impartial Account of some Informations taken before several Justices of the Peace concerning the several Fires happening of late in and near the City of London ABout the latter end of June and in July one Joseph Harrison came several times to the Greyhound-Inn in Holborn pretending to enquire for Letters for himself and about the beginning of July comes into the said Inn and meeting Mr. Atkins the Master of the said Inn He the said Harrison asked him for a Can of Beer whereupon Mr. Atkins ordered his Man to draw two Cans drinking one himself and giving the other to Harrison After which the said Harrison took Mr. Atkins by the Hand and lead him out of his own Yard into Holborn and by the Rails in the Street the said Harrison advised the said Atkins to put off his House and dispose of his Goods as soon as he could for within Three Weeks or a Month there would be great and dreadful Fires in and about London Mr. Atkins asked him How he knew so The said Harrison replied If you will not believe me you may chose and so left him One Monday July the 25th Mr. Atkins his Wife hearing of the Fire at the George-Inn in Southwark went to her Mother at the Talbot-Inn in Southwark the back-part of which said Inn is adjoyning to the George-Inn and was likewise on Fire and being there she espied the aforesaid Joseph Harrison in the Yard and remembring the aforesaid Advice to her Husband desired some Persons that were next her to lay hold on him which being done he was conveyed to a Foot-Company that stood in Arms near the said Inn judging that the nearest place to secure him After which Sir John Smith one of the Sheriffs of London was acquainted with the whole matter Upon which he with the L. C. went to the said Company and in the hearing of several gave Charge to the Captain of the said Company to keep him safe until they had time to examine him After the Fire was put out some went to enquire after the Prisoner and the Captain told them The L. C. had dicharged him The next Day being Tuesday a Person was informed that the said Harrison taught School in Thread-Needle Street and that he boasted of his Deliverance and said That the L. C. was pleased to honour him so far as to take him in his Barge with him to White-hall and bad him but be patient a while and he should have Satisfaction from the Persons that had troubled him But hearing where to find him Endeavours were used to retake him and accordingly was accomplished on Wednesday July 27. and had before the Worshipful Sir John Frederick who sent him to Bishopsgate and ordered him to be brought before the Lord Mayor and Court of Aldermen the next day to be examined Before whom were these following things proved against him upon Oath 1. THat he hath had frequent Correspondency with Jesuits and Papists 2. That he hath spoken to several of his Acquaintance to go with him to Popist Meetings declaring that he knew of many 3. That he hath been perswaded to turn Mendicant Fryer and hath been offered a Stipend to turn to the Romish Religion 4. That he knew there would be divers great and dreadful Fires in and about London within a Month. 5. That he advised Friends to rid their Hauds of all their Concerns in and about London for there would be a great Consumption of houses there 6. That when he was in the Custody of the Foot-Company aforesaid Mr. Atkins aforesaid affirming to swear the former Article he threatned him if he did it should cost him the best House he had 7. That he said there were forty thousand French Papists lately come over to his Knowledge besides many that were amongst us already 8. The Lord Mayor asking him Who perswaded him to turn Catholick He answered The King's Under-Barber Phillips After which he told the Court That when he was apprehended for these things my L. C. discharged him and took him with him in his Barge to White-hall He further told the Court That he was some time an Assistant to Mr. Lovejoy Schoolmaster at Canterbury and that he had Letters Testimonial of his good Behaviour from the Dean of Canterbury Upon which my Lord Mayor remembring that he had seen him with Mr. Lovejoy and said that Mr. Lovejoy told him That he was an idle Rogue And so he was committed to Newgate On Saturday the 30th of July it was further deposed upon Oath by Thomas Roe before Sir John Frederick as follows The Information of Thomas Roe of Bernard-Inn Gent. taken the 3th of July 1670. by Sir John Frederick Alderman one of His Majesties Justices of Peace in the City of London upon Oath as followeth THomas Roe saith that he hath for at least twelve or thirteen Years last past been acquainted with one Joseph Harrison who was
me for he had something to say And I answered him If he had any thing to say I should be so civil to give him the hearing when I had time for then I was in haste Then he came the next Day with the same Request and I returned the Answer Then the third time being Wednesday he came again and used great Importunity and expressed some Kindnesses as if he had been a Suitor and prevailed with me to go into the Burrough with him to an Ale-house where were two Men more of his Company And after some little Discourse he propounded to me this wicked and horrid Design which I was to have been engaged in with them that is to let them into my Master's house to set it on fire And for a Reward they promised me two thousand Pounds which Sum I was to receive at the Fleece-Tavern in Holborn enquiring for a Room in the said Tavern called the Figure Nine Then coming out of the Ale-house they would fain have had me away with them saying Come let us take Coach and go into Fleet-street for said they there we have a Priest of ours who lodges at a Grocer's that shall confess you and give you the Sacrament I told him I could not possibly go then So this John Satterthwait went homewards with me almost to my Master's house and as we went along he charged me that I should not divulge it to any Person in the World living for if I did I should certainly die for it and that quickly in this World and be damned in the other Then he came on the next Day and gave me the same Charge to keep it secret And then on Saturday he came and enquired of me the best time that he might come to do this most horrid and devilish Action saying Would not Four or Five of the Clock be a good time And I said Yes Accordingly he came and conveyed himself into the Dye-house or thereabouts while Nine or ten of the Clock that Evening about which time the Fire was discovered Whereupon with the Fear and Dread he had put upon me I did deny it to the Company that came in to quench it but after that he was there whom I saw amongst the rest of the Company But I had much Horrour upon my Conscience and after some short time I confess'd the whole Crime for which I now die And my Examination before Justice Reading and Justice Freeman was all true And this I affirm and do desire all Protestants to believe that John Satterthwait kindled those three Fires in my Master's House First in the Dye-house by the Pump Secondly in the Buttery And Thirdly in the Garret Which last Fire he kindled whilst the People were putting out the other See the large Account of this called A Warning to Servants and a Caution to Protestants Printed in the Year 1680. An Account of the Firing Mr. Robert Bird 's House in Fetter-Lane April the 10th 1679. by the Perswasion of Nicholas Stubbs a Papist ELizabeth Oxley Servant to Mr. Robert Bird upon her Examination saith That about Michaelmas last she was acquainted with Nicholas Stubbs who had several times used many Perswasions to turn her Papist and after her shewing a liking to it and that he supposed she embraced that Perswasion in his Discourse to her at several times he told her that before the 28th of June next she should see all the Protestants destroyed that were in England that the Pope should be King over England that all that would turn to the Popish Religion should live far better than now they did that all the Land were Hereticks and it were a meritorious Act to destroy them and that all such as were Papists should have Marks upon their Hats whereby to distinguish them from Protestants that they might not be destroyed amongst them Adding that the Nation do believe that all things will be over before the 23d Day of June but they would be deceived for all should be destroyed at or before that time That the D. of Y. was the bravest Prince living and that he was gone out of the Kingdom lest the Hereticks should cut off his Head and he would not return till they were destroyed that the Lords in the Tower would not one of them suffer for they would come off well euough being to be tried by the Lords and that the Scaffolds were set up for fashion sake That she telling the said Stubbs that she was hired to live with one Mr. Bird about the middle of Fetter-Lane he used Perswasions to her at several times to set Fire on her Masters house telling her if she would do it he would give her 5 l. and gave her half a Crown and said he would have other Houses in Holborn Fired at the same time by others That she being with the said Stubbs on Sunday before the said Fire promised to Fire her Masters House on Thursday or Friday night following and accordingly on Thursday night she took a Candle and set Fire to her Masters Papers in his Study which were in a kind of a Press and they being on a Light Fire she shut the Doors and went up Stairs into her own Chamber in the top of the House and packed up her own things and undressed her self lest her Master should suspect her and there stayed till a great knocking was at the Door and the Watch-men crying out Fire whereupon she run down Stairs and cried Fire and her Master gave her the Keys to open the Door which done all Hands were employed to quench the Fire And she saith she did not set Fire on her Master's house out of any Malice to him nor with intent to rob him but meerly to carry on the Design which Stubbs had proposed to her and out of hopes of his Reward Nicholas Stubbs upon his Examination owns and sets forth to have used Discourses to the said Elizabeth as she declareth in her Examinations and saith he did perswade her to fire her Masters house and was to give her five Guineas for doing it besides half a Crown in Hand And saith that one Father Gyfford a Priest and his Confessor had put him upon this Business and told him it was no sin to Fire all the houses of Hereticks and Hugonots That he acquainted Flower alias Darby and one Roger _____ another Irish man that Lodged at the Coach and Horses in the same Street That the said Father Gyfford promised him a 100 l. for the same and told him he was to have the Money from the Church That they used to meet the said Gyfford and other two Persons in St. James Fields in the dark of the Evening and to discourse of these Matters and that the several Informations that he had given the said Elizabeth Oxley he had from the said Father Gyfford and saith Flower and Roger _____ told the said Stubbs they would carry on the said Fire and that they had Fire-Balls for that purpose and that they would fire other
houses in Holborn at the same time That he was at the Fire in the Temple but was not engaged to do any thing in it And said that Gyfford told him that there were English French and Irish Roman Catholicks enough in London to make a very good Army and that the King of France was coming with 60000 Men under pretence to shew the Dauphin his Dominions but it was to lay his Men at Deep Bulloign Callis and Dunkirk to be in an hours Warning to be Landed in England and he doubted not but it would be by the middle of June and by that time all the Catholicks here will be in readiness all were to rise in order to bring him in That the Papists here were to be distinguished by Marks in their Hatts that the said Father Gyfford doubted not but he should be an Abbot or a Bishop when the work was over for the good service he hath done That at their Meeting Father Gyfford used to tell them it was no more sin to kill a Heretick then a Dog and that they did God good Service in doing what Mischiefs they could by firing their houses That it was well Sir Edmondbury Godfrey was Murdered for he was their Devilish Enemy That Coleman was a Saint in Heaven for what he had done And saith he is fearful he shall be Murthered for this Confession Father Gyfford having sworn him to Secresie and told him he should be Damned if he made any Discovery and should be sure to be killed and that he should take the Oaths because he was a House-keeper and that it was no sin And saith That Gyfford and Roger _____ told him when their Forces meet about the middle of June then have at the VOTES and ADDRESSES Of the Honourable House of Commons ASSEMBLED IN PARLIAMENT Made this present Year 1673 Concerning Popery and other Grievances March 29. 1673. The Parliaments Address to his Majesty for the Removal of Grievances in England and Ireland WE your Majesties most Loyal Subjects the Commons in this present Parliament assembled conceiving our selves bound in necessary Duty to your Majesty and in Discharge of the Trust reposed in us truly to inform your Majesty of the Estate of your Kingdom And though we are abundantly satisfied that it hath been your Royal Will and Pleasure that your Subjects should be governed according to the Laws and Customs of this Realm yet finding that contrary to your Majesties gracious Intention some Grievances and Abuses are crept in We crave Leave humbly to represent them to your Majesties Knowledge and Desire 1. That the Imposition of 12 d. per Chaldron upon Coals for the providing of Convoys by Vertue of an Order from Council dated the 15th of May 1672 may be recalled and all Bonds taken by Virtue thereof cancelled 2. That your Majesties Proclamation of the 24th of December 1672 for preventing of Disorders which may be committed by Soldiers and whereby the Soldiers now in your Majesties Service are in a manner exempted from the ordinary Course of Justice may likewise be recalled 3. And whereas great Complaints have been made out of several parts of this Kingdom of divers Abuses committed in Quartering of Soldiers That your Majesty would be pleased to give Order to redress those Abuses and in particular that no Soldiers be hereafter Quartered in any private Houses and that due Satisfaction may be given to the Inn-keepers or Victuallers where they lye before they remove 4. And since the continuance of Soldiers in this Nation will necessarily produce many Inconveniences to your Majesties Subjects We do humbly present it as our Petition and Advice That when this present War is ended all your Souldiers which have been raised since the last Session of Parliament may be Disbanded 5. That your Majesty would be likewise pleased to consider of the Irregularities and Abuses in pressing Soldiers and to give Order for the Prevention thereof for the future 6. And although it hath been the Course of former Parliaments to desire Redress in their Grievances before they proceeded to give a Supply yet we have so full Assurance of your Majesties Tenderness and Compassion towards your People that we humbly prostrate our selves at your Majesties feet with these our Petitions desiring your Majesty to take them into your Princely Consideration and to give such Orders for the Relief of your Subjects and the Removing these Pressures as shall seem lest to your Roâ—al Wisdâ—m Address touching Ireland WE your Majesties most Loyal Subjects the Commons in this present Parliament assembled taking into Consideration the great Calamities which have formerly befallen your Majesties Subjects of the Kingdom of Ireland from the Popish Recusants there who for the most part are profest Enemies to the Protestant Religion and the English Interest and how they make use of your Majesties gracious Disposition and Clemency are at this time grown more insolent and presumptuous than formerly to the apparent Danger of that Kingdom and your Majesties Protestant Subjects there the Consequence whereof may likewise prove very fatal to this your Majesties Kingdom of England if not timely prevented And having seriously weighed what Remedies may be most properly applied to those growing Distempers do in all Humility present your Majesty with these our Petitions 1. That for the Establishment and Quieting the Possessions of your Majesties Subjects in that Kingdom your Majesty would be pleased to maintain the Act of Settlement and Explanatory Act thereupon and to recall the Commission of Enquiry into Irish Affairs bearing Date the 17th of January last as containing many new and extraordinary Powers not only to the Frejudice of particular Persons whose Estates and Titles are thereby made liable to be questioned but in a manner to the Overthrow of the Acts of Settlement And if pursâ—â—d may be the Occasion of great Charge and Attendance to many of your Subjects in Ireland and shake the Peace and Security of the whole 2. That your Majesty would give Order that no Papist be either continued or hereafter admitted to be Judges Justices of the Peace Sheriffs Coroners or Mayors Sovereigns or Portrieves in that Kingdom 3. That the Titular Popish Archbishops Bishops Vicars-General Ablâ—â—s and all other exercising Ecclesiastical Jurisdiction by the Popes Authority and in particular Peter Talbot pretended Archbishop of Dublin for his notorious Disloyalty to your Majesty and Disobedience and Contempt of your Laws may be commanded by Proclamation forthwith to depart out of Ireland and all other your Majesties Dominions or otherwise to be prosecuted according to Law And that all Convents Seminaties and Publick Popish Scholes may be dissolved and suppressed and the Secular Priests commanded to depart under the Penalty 4 That no Irish Papist be admitted to inhabit in any part of that Kingdom unless duly licensed according to the aforesaid Acts of Settlemenâ— and that your Majesty would be pleased to recall your Letters of the 26th of February 1671. And the Proclamation thereupon whereby general Licence is
Irlandois on peut dire qu'on leur doit une bonne partie de cette victoire That is to say And to give the English and Irish their due France is indebted to them in a large measure for this Victory But now to our Politician again Ils se haissent les uns les autres sont en division continuelle soit pour la Religion soit pour le Government The English says he hate one another and are still quarrelling either about Religion or Government These Indecencies would almost make a Man call them Names but let us pass without one angry word from the Interest of our Reputation to that of our Peace and enquire how they stand affected to us upon that point To say that England has not for a long time had any Troubles either at home or abroad which the French have not promoted or improv'd to their own advantage is to say no more than that they deal with us as they do with all the World beside so that we must e'en have recourse again to their Politicks for some particular Mark of their Favour where you shall find that our State-Mountebank has not yet shewn all his Tricks but puts himself with a very grave and fore-casting Countenance upon the very Project of our Ruine Une Guerre de France de trois ou quatre ans contre eux les ruinera entierement ainsi il semble qu'il ne faut point faire de paix avec eux qu' a des Conditions qui nous soient tres avantageuses A War says he of three or four Years with France would absolutely destroy the English so that methinks we should not entertain any Peace with them but upon very profitable Terms And then a little after In fine says he the way to undo the English is to make them keep an Army on foot and there 's no fear of their Landing in France but to their certain destruction unless they should be invited by a Rebellion without which their Troops will in a short time most undoubtedly fall foul one upon another To keep them upon continual Expence 't is but giving them the Alarm upon the Isles of Jersey and Guernsey Wight and Man Ireland and the Cinque Ports by which means they will be put upon the Charge of Fortifications and Garrisons which will perswade the People that the King intends to set up a Standing Army and an Arbitrary Government So long as this holds the Nation will never be at quiet but torment themselves with Fears and Jealousies which may be easily fomented by Letters in Cypher to such or such particular Persons and in such sort to be intercepted as shall be found convenient These Letters may give a Hint of a Descent in Ireland and elsewhere which would dispose the Irish who mortally hate the English to a Revolt and among the suspicious Multitude they would pass for Gospel This Contrivance would make the Scots also to bethink themselves of recovering their Liberty where there must be Parties made and the Sects encourag'd one against another especially the Roman Catholicks must be fairly handled and private Assurance given in the Name of the King of England to the Benedictins who are easie enough to be impos'd upon that they shall be restor'd to all their former Benefits according to the Printed Monasticon which will presently make the Roman Catholicks declare themselves and the Monks will move Heaven and Earth for the bringing of Matters about But then Care must be taken to carry on the Report that the King is of the Romish Religion which will distract the Government and throw all into an Absolute Confusion From hence we may gather First What Opinion the French have of us Secondly That it is not only their Desire and Study but a formed Design to embroyl us Thirdly That they will stick at nothing neither to compass that End be it never so foul Fourthly This Libeller has trac'd us out the very Methods of their working As by amusing the People with forged Letters of Intelligence where the first Author of the Plot must miraculously discover it By filling the Peoples Heads with Fears and Jealousies and leaving no Stone unturn'd in England Scotland and Ireland to stir up a Rebellion Why has he not advis'd the Poysoning of all our Fountains too which would have been a Course of as much Christianity and Honour But that this Trifler may not glorifie himself too much in his wondrous Speculations take Notice that he is only the Transcriber not the Author of this goodly Piece for the Original was betwixt Richlieu and Mazarine and it amounts to no more in effect than an imperfect History of the French Dealings with us for a long time and particularly in our late Troubles To come now from his most unmannerly Malice to his Reason of State if I am not mistaken England might longer subsist in a War with France than France could in a Peace within it self the heaviest of all Judgments when a Nation must be wicked upon necessity And again when he says That England cannot hurt France by a Descent unless call'd in by a Rebellion He never considers That if England had an Army a-foot and stood inclin'd to make use of it that way we should not be long without an Invitation For we see what the Bourdelois c. did upon their own Bottom and without any Forreign Encouragement and the whole Business miscarried only for want of a vigorous Second Lastly Give me leave to say that he has extreamly over-shot himself in one thing more for tho' this has been realty the Practice of the French and is at this day the very Model and Rule by which their Emissaries govern themselves it should yet have been kept as the greatest Secret in the World for the owning of these Inglorious Artifices in Publick makes it one of the grossest Libels that ever was written against the French Government to say nothing of his oversight in disobliging the Roman Catholicks and laying Snares to trepan them The Question of Trade has been so beaten already that there remains little to be added to it Nor in truth needs it since it is agreed on all hands that the French set up for an Universal Commerce as well as for an Universal Monarchy And in effect the one is but a necessary consequent upon the other Nor is it enough it seems for us to be design'd upon by them without lending them our Hands towards the Cutting of our own Throats For upon a sober and judicious Estimate we are Losers by our Trade with France at least a Million and an half per Annum I shall conclude this Head with one passage more out of our Pelitiques of France And you 'll say 't is a pleasant one too but it must be under the Rose Upon a presupposal of Mischief that 's a Brewing in England Now says he it will be our Business to renew our Alliance with Holland we can wheedle them into an
but Christianity itself that lies at stake For in the Ruine of the Empire the Turks work is done to his hand by breaking down the only Fence that has preserv'd us all this while from the Incursions of the Ottoman Power Now as nothing can be more glorious than at all hazards to hinder the effusion of more Christian Blood and to save Christendom itself from Bondage it is so much our Interest too that we our selves are lost without it And as the Obligation is reciprocal so the Resolution is necessary The choice we have before us being only this Either to unite with our Neighbours for a Common Safety or to stand still and look on the tame Spectators of their Ruine till we fall alone This is so demonstrative that if we do not by a powerful Alliance and Diversion prevent the Conquest of Flanders which lies already a gasping we are cut off from all Communication with the rest of Europe and coop'd up at home to the irrecoverable loss of our Reputation and Commerce for Holland must inevitably follow the Fate of Flanders and then the French are Masters of the Sea Ravage our Plantations and infallibly possess themselves of the Spanish Indies and leave us answerable for all those Calamities that shall ensue upon it which as yet by God's Providence may be timely prevented But he that stills the raging of the Sea will undoubtedly set Bounds to this overflowing Greatness having now as an Earnest of that Mercy put it into the Hearts of our Superiours to provide seasonably for the Common Safety and in proportion also to the Exigence of the Affair knowing very well that things of this Nature are not to be done by halves We have to do with a Nation of a large Territory abounding in Men and Money their Dominion is grown absolute that no Man there can call any thing his own if the Court says Nay to 't So that the sober and industrious part are only Slaves to the Lusts and Ambition of the Military In this Condition of Servitude they feel already what their Neighbours fear and wish as well to any Opportunity either of avoiding or of casting off the Yoke which will easily be given by a Conjunction of England and Holland at Sea and almost infallibly produce these effects First It will draw off the Naval Force of France from Sicily America and else-where to attend this Expedition Secondly The Diversion will be an Ease to the Empire and the Confederates from whence more Troops must be drawn to encounter this Difficulty than the French can well spare Thirdly It will not only encourage those Princes and States that are already engag'd but likewise keep in awe those that are disaffected and confirm those that waver 'T is true this War must needs be prodigiously expensive but then in probability it will be short And in Cases of this Quality People must do as in a Storm at Sea rather throw part of the Lading over-board than founder the Vessel I do not speak this as supposing any difficulty in the Case for the very contemplation of it has put fire into the Veins of every true English-man and they are moved as by a sacred impulse to the necessary and the only means of their Preservation And that which Crowns our hopes is that these generous Inclinations are only ready to execute what the Wisdom of their Superiours shall find reasonable to Command I need not tell you how jealous the People of England are of their Religion and Liberties to what degree they have contended even for the shadow of these Interests nor how much Blood and Treasure they have spent upon the Quarrel Could any Imposture work so much and can any Man imagine that they will be now less sensible when they see before their eyes a manifest Plot upon their Religion their Liberties invaded their Traffick interrupted the Honour and the very Being of their Country at stake their Wives and Children expos'd to Beggary and Scorn and in Conclusion The Priviledge of a Free-born English-man exchanged for the Vassalage of France An ANSWER to a LETTER written by a Member of Parliament in the Country upon the occasion of his Reading of the Gazette of the 11th of December 1679 wherein is the Proclamation for further Proroguing the Parliament till the 11th of November next ensuing SIR I Received your Letter when I was ingaged in much other business which will excuse me that I have not returned an Answer sooner and that is done no better now You desire me to let you know what that Judgment is which my Lord Chancellor acquainted my Lord Mayor and his Brethren with and what my thoughts are upon it And that I may obey you in both I will first Transcribe that Case as it is reported by Justice Crook that being already put into English whereas the Case in Moor is in French MEmorandum That by Command from the King all the Justices of England Cro. Ja. f. 37. Nov. 100. Moor 755. with divers of the Nobility viz. The Lord Ellesmere Lord-Chancellor the Earl of Dorset Lord-Treasurer Viscount Cranbourn Principal Secretary the Earl of Nottingham Lord Admiral the Earls of Northumberland Worcester Devon and Northampton the Lords Zouch Burghley and Knowles the Chancellor of the Dutchy the Arch-bishop of Canterbury the Bishop of London Popham Chief Justice Bruce Masters of the Rolls Anderson Gawdy Walmesley Fenner Kingsmil Warburton Savel Daniel Yelverton and Snigg were assembled in the Star-Chamber where the Lord Chancellor after a long Speech made by him concerning Justices of the Peace and his Exhortation to the Justices of Assize and a Discourse concerning Papists and Puritans declaring how they both were Disturbers of the State and that the King intending to suppress them and to have the Laws put in execution against them demanded of the Justices their Resolutions in three things First Whether the Deprivation of Puritan-Ministers by the High Commissioners for refusing to conform themselves to the Ceremonies appointed by the last Canons was lawful Whereto all the Justices answered That they had conferred thereof before and held it to be lawful because the King hath the Supreme Ecclesiastical Power which he hath delegated to the Commissioners whereby they had the Power of Deprivation by the Canon-Law of the Realm And the Statute of 1 Eliz. which appoints Commissioners to be made by the Queen doth not confer any new Power but explain and declare the Ancient Power And therefore they held it clear That the King without Parliament might make Orders and Constitutions for the Government of the Clergy and might deprive them if they obeyed not And so the Commissioners might deprive them But they could not make any Constitutions without the King And the divulging of such Ordinances by Proclamation is a most gracious Admonition And forasmuch as they have refused to obey they are lawfully deprived by the Commissioners ex Officio without Libel Et ore tenus convocati Secondly Whether a Prohibition
by certain Noblemen and others of our Kingdom of Ireland suggesting Disorders and Abuses as well in the Proceedings of the late begun Parliament as in the Martial and Civil Government of the Kingdom We did receive with extraordinary Grace and Favour And by another Proclamation in the 12th year of his Reign Procl 12 Jac. he declares That it was the Right of his Subjects to make their immediate Addresses to him by Petition and in the 19th year of his Reign he invites his Subjects to it And in the 20th year of his Reign Procl Dat. 10 July 19. Jac. Procl Dat. 14. Feb. 20. Jac. he tells his People that his own and the Ears of his Privy Council did still continue open to the just Complaints of his People and that they were not confined to Times and Meetings in Parliament nor restrained to particular Grievances not doubting but that his loving Subjects would apply themselves to his Majesty for Relief to the utter abolishing of all those private whisperings and causless Rumors which without giving his Majesty any Opportunity of Reformation by particular knowledge of any Fault serve to no other purpose but to occasion and blow abroad Discontentment It appears Lords Journ Anno 1640. that the House of Lords both Spiritual and Temporal Nemine contradicente Voted Thanks to those Lords who Petitioned the King at York to call a Parliament And the King by his Declaration Printed in the same year Declar. 1644. declares his Royal Will and Pleasure That all his Loving Subjects who have any just cause to present or complain of any Grievances or Oppressions may freely Address themselves by their humble Petitions to his Sacred Majesty who will graciously hear their Complaints Since his Majesty's happy Restauration Temp. Car. 2. the Inhabitants of the County of Bucks made a Petition That their County might not be over-run by the Kings Deer and the same was done by the County of Surry on the same Occasion 'T is time for me to conclude your trouble I suppose you do no longer doubt but that you may joyn in Petition for a Parliament since you see it has been often done heretofore nor need you fear how many of your honest Countreymen joyn with you since you hear of Petitions by the whole Body of the Realm and since you see both by the Opinions of our Lawyers by the Doctrine of our Church and by the Declarations of our Kings That it is our undoubted Right to Petition Nothing can be more absurd than to say That the number of the Supplicants makes an innocent Petition an Offence on the contrary if in a thing of this Publick concernment a few only should address themselves to the King it would be a thing in it self ridiculous the great end of such Addresses being to acquaint him with the general desires of his People which can never be done unless multitudes joyn How can the Complaints of the diffusive Body of the Realm reach his Majesty's Ears in the absence of a Parliament but in the actual concurrence of every individual Person in Petition for the personal application of multitudes is indeed unlawful and dangerous Give me leave since the Gazette runs so much in your mind Stat. 13. Car. 2. c. 5. to tell you as I may modestly enough do since the Statute directs me what answer the Judges would now give if such another Case were put to them as was put to the Judges 2 Jacobi Suppose the Nonconformists at this day as the Puritans then did should sollicite the getting of the hands of Multitudes to a Petition to the King for suspending the Execution of the Penal Laws against themselves the present Judges would not tell you that this was an Offence next to Treason or Felony nor that the Offenders were to be brought to the Council-board to be punished but they would tell you plainly and distinctly That if the hands of more Persons than twenty were solicited or procured to such a Petition and the Offenders were convicted upon the Evidence of two or more credible Witnesses upon a Prosecution in the Kings-bench or at the Assizes or Quarter Sessions within six Months they would incur a Penalty not exceeding a 100 l. and three Months Imprisonment because their Petition was to change a matter establisht by Law But I am sure you are a better Logician than not to see the difference which the Statute makes between such a Petition which is to alter a thing establisht by Law and an innocent and humble Petition That a Parliament may meet according to Law in a time when the greatest Dangers hang over the King the Church and the State The Right Honourable the Earl of Shaftsbury 's Speech in the House of Lords March 25. 1679. My Lords YOU are appointing of the Consideration of the State of England to be taken up in a Committee of the whole House some day next Week I do not know how well what I have to say may be received for I never study either to make my Court well or to be Popular I always speak what I am commanded by the Dictates of the Spirit within me There are some other Considerations that concern England so nearly that without them you will come far short of Safety and Quiet at Home We have a little Sister and she hath no Breasts what shall we do for our Sister in the day when she shall be spoken for If she be a Wall we will build on her a Palace of Silver if she be a Door we will inclose her with Boards of Cedar We have several little Sisters without Breasts the French Protestant Churches the two Kingdoms of Ireland and Scotland The Foreign Protestants are a Wall the only Wall and Defence to England upon it you may build Palaces of Silver glorious Palaces The Protection of the Protestants abroad is the greatest Power and Security the Crown of England can attain to and which can only help us to give Check to the growing Greatness of France Scotland and Ireland are two Doors either to let in Good or Mischief upon us they are much weakened by the Artifice of our cunning Enemies and we ought to inclose them with Boards of Cedar Popery and Slavery like two Sisters go hand in hand sometimes one goes first sometimes the other in a doors but the other is always following close at hand In England Popery was to have brought in Slavery in Scotland Slavery went before and Popery was to follow I do not think your Lordships or the Parliament have Jurisdiction there It is a Noble and Ancient Kingdom they have an illustrious Nobility a Gallant Gentry a Learned Clergy and an Understanding Worthy People but yet we cannot think of England as we ought without reflecting on the Condition therein They are under the same Prince and the Influence of the same Favourites and Councils when they are hardly dealt with can we that are the Richer expect better usage for 't is
Nature and consequently the Ordinance of God but that the different forms of Government whether to reside in One Few or Many or whether it shall be continued by Succession or by Election together with the different measures and limitations of Power and Authority in Governours of the same kind in several Countries all these things I say are ordained by and purely depend upon positive and humane Laws From whence it will necessarily follow That the same human Authority residing in King Lords and Commons here in England which gave Being to those Laws for the good of the Community is Superintendent over them and both may and ought to make any Addition to or Alteration of them when the publick Good and Welfare of the Nation shall require it unless you will admit That an Human Authority establishing any thing intentionally for the common good of the Society which in tract of time by reason of unforeseen circumstances and emergencies proves destructive of it has by that Act concluded it self and made that accidental Evil moral and unchangeable which to affirm is sensless and repugnant And now Sir I hope by this time said the old Gentleman you begin to think that the Bill for disabling the Duke was not so unjust and unreasonable as was pretended and that the course of Succession being founded upon the same bottom with other Civil Constitutions might likewise as justly have been altered by the King Lords and Commons as any other Law or Custom whatever And here I might conclude but because a late Pensionary Pen has publickly arraign'd the Wisdom Loyalty and Justice of the Honourable House of Commons on the account of this Bill I will ex abundanti add a word or two more to that particular Whereupon he pluck'd a Paper out of his Pocket entituled Great and weighty Considerations relating to the Duke and Successor of the Crown c. Which as soon as he had read unto us You see here said he the true Temper of those men of whom I first gave you caution There never was an Endeavour though in a Legal and Parliamentary way after any Reformation either in Church or State but the Promoters of it were sure to be branded by them with the odious imputations of Fanaticism and Faction Nay if the Country-Electors of Parliament-men will not pitch upon such Rake-hells of the Nation as are usually proposed by them but on the contrary make use of their Freedom and Consciences in chusing able upright and deserving persons and if good men thus chosen do but according to their Duty in the House enquire into publick Grievances pursue in a legal course notorious Offenders and consult and advise the Security of the Government and Protestant Religion the high Church-man immediately swells and in a passion tells you That all this proceeds from the old Phanatick Leven not yet worn out amongst the People That we are going back again to Forty One and acting over afresh the Sins of our Forefathers Thus ignorantly do they complement the Times and Persons they endeavour to expose by appropriating to them such Virtues as were common to good men in all Ages But enough of this In the next place pray observe how hypocritically the Considerer puts this Question viz. Whether Protestant Religion was not settled in this Nation by the same mighty hand of God that establish'd Jeroboam in the Kingdom of Israel And then adds Whether we like that wicked King should so far despair of God's Providence in preserving the work of his own Hands as never to think it safe unless it be establish'd on the Quick-sands of our own wicked Inventions viz. the Bill against the Duke And throughout his whole Discourse he frequently calls all Care of preserving our Religion a Mistrust of God's Providence and on that score calls out to the Nation O ye of little Faith c. Now I will allow him That the least Evil is not to be done that the greatest and most important Good may ensue But that the Bill for disabling the Duke is highly justifiable both by the Laws of God and Constitution of our Government I think by my former Discourse I have left no room to doubt And the Considerer having scarce attempted to prove the contrary it 's preposterously done of him to give us his Use of Reproof before he has clear'd his Doctrine However I owe him many thanks for putting me in mind how Protestant Religion was first establish'd here in England it was indeed by the mighty Hand of God influencing the publick Councils of the Nation so that all imaginable care was taken both by Prince and People to rescue themselves from under the Romish Yoke and accordingly most excellent Laws were made against the usurpation and tyranny of that Man of Sin Our noble Ancestors in those days did not palliate a want of Zeal for their Religion with a lazy pretence of trusting in God's Providence but together with their Prayers to and Affiance in Heaven they joyned the Acts of their own Duty without which they very well knew they had no reason to expect a Blessing from it But now be pleased to take notice of the Candor of this worthy Considerer nothing less will serve his turn than the proving all the Voters for the Bill guilty of the highest Perjury For says he they have all sworn in the Oath of Allegiance to bear Faith and true Allegiance to His Majesty his Heirs and Successors but the Duke is Heir ergo c. A very hopeful Argument indeed But what if it should happen as it is neither impossible nor very improbable to imagin it that the next Heir to the Crown should commit Treason and conspire the Death of the present Possessor and for this Treason should not only be attainded by Parliament but executed too Pray Mr. Considerer would the Parliament in this case be guilty of Murder and Perjury I am confident you will not say it If therefore the next Heir become obnoxious to the Government in a lower degree why may not the same Authority proportion the Punishment and leave him his Life but debar him of the Succession This I say only to shew the absurdity of his Argument My Answer is this No man can bear Allegiance to two persons at the same time nor can Allegiance be ever due to a Subject and therefore my Obligation by the word Heir in the Oath does not commence till such Heir has a present Right to or actual Possession of the Crown which if he never attains either by reason of Death or any other Act that incapacitates and bars him then can my Obligation to him by the word Heir in the Oath never have a beginning But besides all this it cannot be denied but Mr. Considerer's Doctrine does bring great Inconveniences on Succession for the next Heir by his way of arguing is let loose from all the Restrictions and Penalties of Humane Laws and has no other tyes upon him not to snatch the Crown
not unknown to your Majesty how restless the Endeavours and how bold the Attempts of the Popish Party for many years last past have been not only within this but other your Majesties Kingdoms to introduce the Romish and utterly to extirpate the true Protestant Religion The several Approaches they have made towards the compassing this their Design assisted by the Treachery of perfidious Protestants have been so strangely successful that 't is matter of Admiration to Us and which we can only ascribe to an Over-ruling Providence that your Majesties Reign is still continued over Us and that We are yet assembled to consult the means of our preservation This bloody and restless Party not content with the great Liberty they had a long time enjoyed to excercise their own Religion privately amongst themselves to pertake of an equal Freedom of their persons and Estates with your Majesties Protestant Subjects and of an Advantage above them in being excused from chargeable Offices and Employments hath so far prevailed as to find countenance for an open and avowed practice of their Superstition and Idolatry without controul in several parts of this Kingdom Great swarms of Priests and Jesuits have resorted hither and have here exercised their Jurisdiction and been daily tampering to pervert the Consciences of your Majesties Subjects Their Opposers they have found means to disgrace and if they were Judges Justices of the Peace or other Magistrates to have them turned out of Commission and in contempt of the known Laws of the Land they have practised upon people of all Ranks and qualities and gained over divers to their Religion some openly to profess it others secretly to espouse it as most conduced to the service thereof After some time they became able to influence matters of State and Government and thereby to destroy those they cannot corrupt The continuance or Prorogation of Parliaments has been accommodated to serve the purposes of that Party Money raised upon the People to supply your Majesties extraordinary Occasions was by the prevalence of Popish Councils imployed to make War upon a Protestant State and to advance and augment the dreadful Power of the French King though to the apparent hazard of this and all other Protestant Countries Great numbers of your Majesties Subjects were sent into and continued in the service of that King notwithstanding the apparent Interest of your Majesties Kingdoms the Addresses of the Parliament and your Majesties gracious Proclamations to the contrary Nor can We forbear to mention how that at the beginning of the same War even the Ministers of England were made Instruments to press upon that State the acceptance of one demand among others from the French King for procuring their peace with him that they should admit the publick exercise of the Roman Catholick Religion in the United Provinces the Churches there to be divided and the Romish Priests maintained out of the publick Revenue At home if Your Majesty did at any time by the Advice of Your Privy-Council or of Your two Houses of Parliament Command the Laws to be put in Execution against Papists even from thence they gained advantage to their Party while the edge of those Laws was turned against Protestant Dissenters and the Papists escaped in a manner untoucht The Act of Parliament enjoining a Test to be taken by all Persons admitted into any Publick Office and intended for a security against Papists coming into Employment had so little effect that either by Dispensations obtained from Rome they submitted to those Tests and held their Offices themselves or those put in their places were so favourable to the same Interests that Popery it self has rather gained than lost ground since that Act. But that their business in hand might yet more speedily and strongly proceed at length a Popish Secretary since Executed for his Treasons takes upon him to set afoot and maintain correspondencies at Rome particularly with a Native Subject of Your Majesties promoted to be a Cardinal and in the Courts of other Forreign Princes to use their own form of Speech for the subduing that Pestilent Heresie which has so long domineered over this Northern World that is to root the Protestant religion out of England and thereby to make way the more easily to do the same in other Protestant Countries Towards the doing this great Work as Mr. Coleman was pleased to call it Jesuits the most dangerous of all Popish Orders to the Lives and Estates of Princes were distributed to their several Precincts within this Kingdom and held joint Councils with those of the same Order in all Neighbour Popish Countries Out of these Councils and Correspondencies was hatcht that damnable and hellish Plot by the good Providence of Almighty God brought to light above two Years since but still threatning us wherein the Traitors impatient of longer delay reckoning the prolonging of Your Sacred Majesties Life which God long Preserve as the Great Obstacle in the way to the Consummation of their hopes and having in their prospect a Proselyted Prince immediately to succeed in the Throne of these Kingdoms resolved to begin their Work with the Assassination of Your Majesty to carry it on with Armed Force to destroy Your Protestant Subjects in England to Execute a second Massacre in Ireland and so with ease to arrive at the suppression of our Religion and the subversion of the Government When this Accursed Conspiracy began to be discovered they began the smothering it with the Barbarous Murther of a Justice of the Peace within one of Your Majesties own Palaces who had taken some Examinations concerning it Amidst these distractions and fears Popish Officers for the Command of Forces were allowed upon the Musters by special Orders surreptitionsly obtained from Your Majesty but Counter-Signed by a Secretary of State without ever passing under the Tests prescribed by the aforementioned Act of Parliament In like manner above fifty new Commissions were granted about the same time to known Papists besides a great number of desperate Popish Officers though out of Command yet entertain'd at half pay When in the next Parliament the House of Commons were prepared to bring to a legal Tryal the principal Conspirators in this Plot that Parliament was first Prorogued and then Dissolved The Interval between the Calling and Sitting of this Parliament was so long that now they conceive Hopes of covering all their past Crimes and gaining a seasonable time and advantages of practising them more effectually Witnesses are attempted to be corrupted and not only promises of Reward but of the Favour of your Majesty's Brother made the Motives to their Compliance Divers of the most considerable of your Majesty's Protestant Subjects have Crimes of the highest nature forged against them the Charge to be supported by Subornation and Perjury that they may be destroyed by Forms of Law and Justice A Presentment being prepared for a Grand Jury of Middlesex against your Majesty's said Brother the Duke of York under whose Countenance all the
said Report Resolved Nemine contradicente THat Richard Thompson Clerk hath publickly defamed his Sacred Majesty preached Sedition vilified the Reformation promoted Popery by asserting Popish Principles decrying the Popish Plot and turning the same upon the Protestants and endeavoured to subvert the Liberty and Property of the Subject and the Rights and Privileges of Parliament and that he is a Scandal and Reproach to his Function And that the said Richard Thompson be impeached upon the said Report and Resolution of the House And a Committee is appointed to prepare the said Impeachment and to receive further Instructions against him and to send for Persons Papers and Records Articles of Impeachment of Sir William Scroggs Chief Justice of the Court of King ' s-Bench by the Commons in this present Parliament Assembled in their own Name and in the Name of all the Commons of England of High-Treason and other great Crimes and Misdemeanors I. THat he the said Sir William Scroggs then being Chief Justice of the Court of King's Bench hath traiterously and wickedly endeavoured to subvert the Fundamental Laws and the Establisht Religion and Government of this Kingdom of England and instead thereof to introduce Popery and an Arbitrary and Tyrannical Government against Law which he has declared by divers Traiterous and Wicked Words Opinions Judgments Practices and Actions II. That he the said Sir William Scroggs in Trinity Term last being then Chief Justice of the said Court and having taken an Oath duly to Administer Justice according to the Laws and Statutes of this Realm in pursuance of his said Traiterous Purposes did together with the rest of the said Justices of the same Court several days before the end of the said Term in an Arbitrary manner discharge the Grand Jury which then served for the Hundred of Oswaldston in the County of Middlesex before they had made their Presentments or had found several Bills of Indictment which were then before them whereof the said Sir William Scroggs was then fully informed and that the same would be tendered to the Court upon the last day of the said Term which day then was and by the known Course of the said Court hath always heretofore been given unto the said Jury for the delivering in of their Bills and Presentments by which sudden and illegal Discharge of the said Jury the Course of Justice was stopt maliciously and designedly the Presentments of many Papists and other Offenders were obstructed and in particular a Bill of Indictment against James Duke of York for absenting himself from Church which was then before them was prevented from being proceeded upon III. That whereas one Henry Carr had for some time before Publish'd every week a certain Book Intituled The weekly Packet of advice from Rome Or the History of Popery wherein the Superstitions and Cheats of the Church of Rome were from time to time exposed he the said Sir William Scroggs then Chief Justice of the Court of King's Bench together with the other Judges of the said Court before any Legal Conviction of the said Carr of any Crime did in the same Trinity Term in a most Illegal and Arbitrary manner make and cause to be entred a certain Rule of that Court against the Printing of the said Book in Haec Verba Dies Mercurii proxime post tres Septimanas Sanctae Trinitatis Anno 32 Car. II. Regis ORdinatum est quod Liber intitulat ' The weekly Packet of Advice from Rome Or The History of Popery Non ulterius imprimatur vel publicetur per aliquam personam quamcunque Per Cur ' And did cause the said Carr and divers Printers and other Persons to be served with the same which said Rule and other Proceedings were most apparently contrary to all Justice in Condemning not only what had been written without hearing the Parties but also all that might for the future be written on that Subject A manifest countenancing of Popery and discouragement of Protestants an open Invasion upon the Right of the Subject and an encroaching and assuming to themselves a Legislative Power and Authority IV. That he the said Sir William Scroggs since he was made Chief Justice of the King 's Bench hath together with the other Judges of the said Court most notoriously departed from all Rules of Justice and Equality in the Imposition of Fines upon Persons convicted of Misdemeanours in the said Court and particularly in the Term of Easter last past did openly declare in the said Court in the Case of one Jessop who was convicted of Publishing False News and was then to be sined That he would have regard to Persons and their Principles in imposing of Fines and would set a Fine of 500 l. on one Person for the same Offence for the which he would not Fine another 100 l. And according to his said Unjust and Arbitrary Declaration he the said Sir Will. Scroggs together with the said other Justices did then impose a Fine of 100 l. upon the said Jessop although the said Jessop had before that time proved one Hewit to be convicted as Author of the said false News and afterwards in the same Term did fine the said Hewit upon his said Conviction only five Marks Nor hath the said Sir Will. Scroggs together with the other Judges of the said Court had any regard to the Nature of the Offences or the Ability of the Persons in the imposing of Fines but have been manifestly partial and favourable to Papists and Persons affected to and promoting the Popish Interest in this time of imminent Danger from them And at the same time have most severely and grievously oppressed his Majesty's Protestant Subjects as will appear upon view of the several Records of Fines set in the said Court By which arbitrary unjust and partial Proceedings many of his Majesty's Liege People have been ruined and Popery countenanced under colour of Justice and all the Mischiefs and Excesses of the Court of Star-Chamber by Act of Parliament suppressed have been again in direct opposition to the said Law introduced V. That he the said Sir Will. Scroggs for the further accomplishing of his said traiterous and wicked Purposes and designing to subject the Persons as well as the Estates of his Majesty's Liege People to his lawless Will and Pleasure hath frequently refused to accept of Bail though the same were sufficient and legally tendered unto him by many Persons accused before him only of such Crimes for which by Law Bail ought to have been taken and divers of the said Persons being only accused of Offences against himself declaring at the same time That he refused Bail and committed them to Gaol only to put them to Charges and using such furious Threats as were to the terrour of his Majesty's Subjects and such scandalous Expressions as were a dishonour to the Government and to the Dignity of his Office And particularly That he the said Sir Will. Scroggs did in the Year 1679 commit and detain in Prison in such
Is he a wise man who if his house be falling by reason of too much weight upon the roof will lay more upon it rather than propt it up and take off some of the weight So they who take the Church to consist of Ceremonies must pardon me that I am not of their opinion since the word of God warrants no such thing and my reason tells me that they are too much interested in the cause to be fit judges for with them he is accounted a good Son of the Church who keeps a great stir about Ceremonies though he live never so ill a life and perhaps is drunk when he performs his Devotion but if a man seem to be indifferent as to Ceremonies and make them no more than indeed they be yet in Practice Conforms more than he that makes a great noise about them though he live never so godly a life and as near as he can to the rule of God's word yet he is a Fanatick and an enemy to the Church but God Almighty tells us he will have mercy and not Sacrifice Gentlemen They who accuse me for an enemy to the King and Church have left you out of the story but I hope I shall not forget you but remember on whose errand I am sent and as I have hitherto stuck to your interest I hope nothing will draw me aside from it and if I know my own heart I am perswaded that neither rewards threats hopes nor fears will prevail upon me I desire nothing but to promote God's glory and the interest of the King and people and if it shall please God to let me see the Protestant Religion and Government established I shall think I have lived long enough and I shall be willing at that instant to resign my breath Gentlemen I thought good to say this to you and I thank you for your patience and hope I shall so behave my self in your Service that I shall make it appear I am sensible of the honour you have done me I humbly thank you all An Account of the Proceedings at the Sessions for the City of Westminster against Thomas Whitfield Scrivener John Smallbones Woodmonger and William Laud Painter for Tearing a Petition prepared to be presented to the King's Majesty for the Sitting of the Parliament With an Account of the said Petition presented on the 13th instant and His Majesty's Gracious Answer IT being the undoubted Right of the Subjects of England Vide the Resolutions of the Law Cook Jurisdict of Courts 79. Hobart 220. Vel. Magna Chart. Exl. Spencer 51. Vide the Proclamations of K. Charles I. and warranted by the Law of the Land and the general Practice of all former Times in an humble manner to apply themselves to His Majesty in the Absence of Parliaments by Petition for the Redress of their Grievances and for the obtaining such things as they apprehend necessary or beneficial to the safety and well being of the Nation And it being their Duty to which they are bound by the expres words of the Oath of Allegiance * I do Swear from my Heart That I will hear Faith and true Allegiance to His Majesty His Heirs and Successors and Him and Them will Defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against His or Their Persons Their Crown and Dignity And will do my best endeavour to disclose and make known unto His Majesty His Heirs and Successors all Treasons and Trayterous Conspiracies which I shall know or hear of to be against him or any of them to represent to Him any danger which they apprehend Threatning His Royal Person or His Government divers Persons in and about the City of Westminster considering the too apparent and unspeakable Danger His Majesty and His Kingdoms are in from the Hellish Plots and Villainous Conspiracies of the Bloody Papists and their Adherents and conceiving no sufficient or at least so fit Remedy could be provided against it but by the Parliament by whom alone several Persons accused of these accursed Designs can be brought to Tryal did prepare and sign a Petition humbly representing to His Majesty the imminent danger His Royal Person the Protestant Religion and the Government of this Nation were in from that most damnable and hellish Popish Plot branched forth into several the most Horrid Villainies For which several of the principal Conspirators stand impeached by Parliament and thereby humbly praying that the Parliament might Sit upon the 26th of January to try the Offenders and to Redress the important Crievances no otherways to be redressed of which Thomas Whitfield John Smallbenes and William Laud Inhabitants in Westminster taking notice upon the 20th day of December last they sent to Mr. William Horsley who had signed and promoted the Petition and in whose custody it was to bring or send it to them for that they desired to sign it And thereupon Mr. Horsley attended them and producing the Petition in which many Persons had joyned he delivered it at their request to be by them read and signed but Mr. Whitfield immediately tore it in pieces and threw it towards the Fire and Smallbones catching it up said That he would not take 10 s. for the Names and then they declared that they sent for it for that very purpose and owned themselves all concerned in the design Upon Mr. Horsley's complaint hereof to a Justice of the Peace a Warrant was granted against them and they being taken thereupon after examination of the matter were bound to appear and answer it at the next quarter Sessions of the Peace for the City of Westminster and upon Friday the 9th of January instant the Sessions being holden and there being present several Justices of the Peace that are eminent Lawyers the matter was brought before them and the Grand Jury Indicted the said Whitfield Smallbones and Laud as followeth viz. The City Borough and Town of Westminster in the County of Middlesex THe Jurors for our Soveraign Lord the King upon their Oath do present that whereas the Subjects and Liege People of the Kings and Queens of this Realm of England by the Laws and Customs of the Realm have used and been accustomed to represent their Publick Grievances by Petition or by any other submissive way And that the 20th day of December in the one and Thirtieth Year of the Reign of our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. at the Parish of St. Martin's in the Fields within the Liberty of the Dean and Chapter of the Collegiate Church of St. Peter of the City Borough and Town of Westminster in the County of Middlesex a Petition written in paper was prepared and Subscribed with the hands of divers the said King's Subjects and Liege People to the Jury unknown and to our said Soveraign Lord King Charles the Second Directed and to our said Soveraign Lord
the People 2. There is a mutual compact tacit or express between a Prince and his Subjects and that if he perform not his duty they are discharg'd from theirs 3. That if lawful Governors become Tyrants or govern otherwise than by the Laws of God and Man they ought to do they forfeit the Right they had unto their Government Lex Rex Buchanan de Jure Regni Vindiciae contra tyrannos Bellarmine de Conciliis de Pontifice Milton Goodwin Baxter H. C. 4. The Sovereignty of England is in the three Estates viz. King Lords and Commons The King has but a co-ordinate Power and may be over-ruled by the other two Lex Rex Hunton of a limited and mix'd Monarchy Baxter H. C. Polit. Catech. 5. Birthright and proximity of Blood give no title to Rule or Government and it is Lawful to preclude the next Heir from his Right of Succession to the Crown Lex Rex Hunt's Postscript Doleman History of Succession Julian the Apostate Mene Tekel 6. It is Lawful for Subjects without the Consent and against the Command of the Supreme Magistrate to enter into Leagues Covenants and Associations for defence of themselves and their Religion Solemn League and Covenant Late Association 7. Self-preservation is the Fundamental Law of Nature and supersedes the Obligation of all others whenever they stand in competition with it Hobbs de Cive Leviathan 8. The Doctrine of the Gospel concerning patient suffering of Injuries is not inconsistent with violent resisting of the higher Powers in case of Persecution for Religion Lex Rex Julian Apostat Apolog. Relat. 9. There lies no Obligation upon Christians to Passive Obedience when the Prince Commands any thing against the Laws of our Country And the Primitive Christians chose rather to die than resist because Christianity was not yet settled by the Laws of the Empire Julian Apostate 10. Possession and strength give a right to Govern and Success in a Cause or Enterprize proclaims it to be Lawful and Just to pursue it is to comply with the Will of God because it is to follow the Conduct of his Providence Hobbs Owen's Sermon before the Regicides Jan. 31. 1648. Baxter Jenkin's Petition Octob. 1651. 11. In the state of Nature there is no difference between good and evil right and wrong the state of Nature is a state of War in which every Man hath a right to all things 12. The Foundation of Civil Authority is this natural right which is not given but left to the Supreme Magistrate upon Men's entring into Societies and not only a Foreign Invader but a Domestick Rebel puts himself again into a state of nature to be proceeded against not as a Subject but an Enemy And consequently acquires by his Rebellion the same right over the Life of his Prince as the Prince for the most heinous Crimes has over the Life of his own Subjects 13. Every Man after his entring into a Society retains a right of defending himself against Force and cannot transfer that right to the Common-wealth when he consents to that Union whereby a Common-wealth is made and in case a great many Men together have already resisted the Common-wealth for which every one of them expecteth Death they have liberty then to joyn together to assist and defend one another Their bearing of Arms subsequent to the first breach of their Duty though it be to maintain what they have done is no new unjust act and if it be only to defend their Persons is not unjust at all 14. An Oath superadds no obligation to pact and a pact obliges no further than it is credited And consequently if a Prince gives any Indication that he does not believe the Promises of Fealty and Allegiance made by any of his Subjects they are thereby freed from their subjection and notwithstanding their Pacts and Oaths may lawfully rebel against and destroy their Sovereign Hobbs de Cive Leviathan 15. If a People that by Oath and Duty are oblig'd to a Sovereign shall sinfully dispossess him and contrary to their Covenants chuse and covenant with another they may be obliged by their latter Covenant notwithstanding their former Baxter H. C. 16. All Oaths are unlawful and contrary to the Word of God Quakers 17. An Oath obliges not in the sense of the Imposer but the Takers Sheriffs Case 18. Dominion is founded in Grace 19. The Powers of this World are Usurpations upon the Prerogative of Jesus Christ and it is the Duty of God's People to destroy them in order to the setting Christ upon his Throne Fifth-Monarchy Men. 20. The Presbyterian Government is the Scepter of Christ's Kingdom to which Kings as well as others are bound to submit and the King's Supremacy in Ecclesiastical Affairs asserted by the Church of England is injurious to Christ the sole King and Head of his Church Altare Damascenum Apolog. relat Hist Indulgen Cartwright Travers 21. It is not lawful for Superiors to impose any thing in the Worship of God that is not antecedently necessary 22. The duty of not offending a weak Brother is inconsistent with all human Authority of making Laws concerning indifferent things Protestant Reconciler 23. Wicked Kings and Tyrants ought to be put to Death and if the Judges and inferior Magistrates will not do their office the Power of the Sword devolves to the People if the major part of the People refuse to exercise this Power then the Ministers may Excommunicate such a King after which it is lawful for any of the Subjects to kill him as the People did Athaliah and Jehu Jezabel Buchanan Knox. Goodman Gilby Jesuits 24. After the sealing of the Scripture-Canon the People of God in all ages are to expect new Revelations for a rule of their Actions * Quakers and other Enthusiasts and it is lawful for a private Man having an inward motion from God to kill a Tyrant †Goodman 25. The example of Phineas is to us instead of a Command for what God has commanded or approved in one Age must needs oblige in all Goodman Knox. Naphtali 26. King Charles the First was lawfully put to Death and his Murtherers were the blessed Instruments of God's Glory in their Generation Milton Goodwin Owen 27. King Charles the First made War upon his Parliament and in such a case the King may not only be resisted but he ceaseth to be King Baxter We decree judge and declare all and every of these Propositions to be False Seditious and Impious and most of them to be also Heretical and Blasphemous infamous to Christian Religion and destructive of all Government in Church and State We farther decree that the Books which contain the foresaid Propositions and impious Doctrines are fitted to deprave good Manners corrupt the Minds of unwary Men stir up Seditions and Tumults overthrow States and Kingdoms and lead to Rebellion murther of Princes and Atheism it self And therefore we interdict all Members of the University from the reading the said Books under the Penalties
distinctly As what thing spoke in Council is distinctly heard and considered by all Yet it being certain that they did all approve it it is sufficient to the Earl And it is only their concern whether in approving what they did not hear they observed their Oath De fideli c. or not His Highness who the Earl was most concerned should hear did certainly hear as himself afterwards acknowledged 2. The Advocate says That the hearing and allowing the Earl to sit is no relevant Plea yea further though all the Council had allowed him that day yet any of his Majesty's Officers might have quarrelled him the next day But first I would gladly know upon what head For if upon obtruding a sense of his own it is undeniable that whatever the sense was the obtruding of it was purged by the Council's acceptation and it became theirs and was no more his But if the Advocate doth think that even the matter of the Explanation though allowed and accepted may still be quarrelled Then 1. I hope he will consider in what terms he doth it for if he charge it after it becomes the Councils as in truth he hath done already with the same liberty wherewith he treats it as the Earl's he runs fair to make himself the arrantest Defamer and Slanderer of the King and Council that ever yet attempted it But 2dly It merits a worse name than I am free to give it to say That an Explanation allowed by the Council in the administrating of an Oath proper to be administrat by them doth not secure the Taker as to that sense both in Law and Conscience Seeing in effect this quite takes away the best grounds of assurance among men and turns their greatest security to their greatest snare And 3dly If this be sound Doctrine it is worth the enquiring what security the Clergy to whom the Council as you have heard did indulge an Explanation have thereby obtained For as to such Laicks as did only at their own hand take hold of and snatch at this Indulgence not provided for them by the Councils Act it is clear their doom is dight It is not here debated how far that Explication of the Council's may satisfy and quiet Conscience let such concerned see to it Some please themselves with a general notion That if the sense given by the Administrator be sound then it is also safe whether it be agreeable to the plain and genuine meaning of the Oath or not nay whether it be agreeable to the sense of the first Imposers or not But others who consider more tenderly what it is to swear in Truth and in Judgment think it rather a prophanation and a sinful preferring of the Credit of Men to the glory of the Almighty to offer to smooth an Oath by a disagreeable interpretation when in effect the Oath it self ought to be changed But the thing in question is about the security of life and fortune for seeing the Council's Explanation is at least to say no worse liable enough to the Calumnies of an inventive malice and the Advocate telleth us Though all the Ceuncil had allowed a man to swear with an Explanation yet any of His Majesty's Officers may the next day quarrel him it is evident that this allowance can afford him no security It is true the Advocate may alledge and possibly find a difference betwixt the Council's emitting and their accepting of an Explanation But as in truth there is none more than betwixt a Mandat and a Ratihabition so I am confident if ever the thing come to be questioned this Pretence will evanish and come to nothing It is likewise to be remembred That when the Earl the next day after he took the Test was questioned for the Explanation he had made and required to exhibit a Copy which was afterwards made the ground of his Indictment so soon as he observed that some began to carp he refused to sign it demanded it back and would have destroyed it as you have heard which were all clear Acts of disowning and retracting for eviting offence and of themselves sufficient to have prevented any further enquiry there being nothing more just and human than that words though at the first hearing offensive yet if instantly retracted when questioned should be past But this as well as other things must in the Earl's Case be singular and whether he plead the Councils allowing or his own disowning as in effect he doth both it is equally to no purpose the thing determined must be accomplished You heard before how that a Reverend Bishop and many of the Orthodox Clergy did take a far greater liberty of Explanation than the Earl pretended to you see also that first the Council allows his words whereupon he rests And when he finds that they begin to challenge he is willing to disown And withal it is undeniable and acknowledged by the Council themselves that the Test as it stands in the Act of Parliament is ambiguous and needs to be explained And the Earl may confidently aver that of all the Explanations that have been offered even the Councils not excepted his is the most safe sound and least disagreeable to the Parliament's true sense and meaning And yet when all others escape he alone must be seised and for a thing so openly innocent clearly justifiable and undeniably allowed found guilty of the worst of Crimes even Leasing-making Leasing-telling Depraving of Laws and Treason but all these things God Almighty sees and to him the Judgment yet belongs And thus I leave this Discouse shutting it up with the Case of Archbishop Cranmer plainly parallel to the Earl's to shew how much he was more favourably dealt with by the King and Government in those days than the Earl now is though he live under a much more merciful and just Prince than that worthy Prelate did for Cranmer being called and promoted by Henry VIII of England to be Archbishop of Canterbury and finding an Oath was to be offered to him which in his apprehension would bind him up from what he accounted his duty he altogether declined the Dignity and Preferment unless he were allowed to take the Oath with such an Explanation as he himself proposed for salving of his Conscience and tho this Oath was no other than the Statute and solemn Oath that all his Predecessors in that See and all the mitered Clergy in England had sworn yet he was admitted to take it as you see in Fuller's Church Hist of Britain lib. 5. p. 185 and 186. with this formal Prorestation In nomine Domini Amen Coram vobis c. Non est aut erit meae voluntatis aut intentionis per hujusmodi juramentum vel juramenta qualitercunque verba in ipsis posita sonare videbuntur me obligare ad aliquid ratione eorundum posthac dicendum faciendum aut attentandum quod erit aut esse videbitur contra Legem Dei vel contra illustrissimum Regem nostrum Angliae Legesve aut
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
of the Traytors it was comfortably hoped before thirty Months should have past over after the detection thereof some effectual Remedies might have been applied to prevent the further Attempts of the Papists upon us and better to have secured the Protestants in their Religion Lives and Properties But by sad experience we have found that notwithstanding the vigorous Endeavours of three of our Parliaments to provide proper and wholsome Laws to answer both ends Yet so prevalent has this Interest been under so potent a Head the D. of Y. as to stifle in the birth all those hopeful Parliament-Endeavours by those many surprizing and astonishing Prorogations and Dissolutions which they have procured whereby our Fears and Dangers have manifestly increased and their Spirits heightned and incouraged to renew and multiply fresh Plottings and Designs upon us But that our approaching Parliament may be more successful for our Relief before it be too late by being permitted to sit to Redress our Grievances and to perfect those Good Bills which have been prepared by the former Parliaments to this purpose these following Common-Law Maxims respecting King and Parliament and the Common and Statute-Laws themselves to prevent such unnatural Disappointments and Mischiefs providing for the fitting of Parliaments till Grievances be redress'd and publick Safety secured and provided for are tendered to consideration Some known Maxims taken out of the Law-Books 1. Respecting the King That the Kings of England can do nothing as Kings but what of right they ought to do That the King can do no wrong nor can he dye That the King's Prerogative and the Subjects Liberty are determined by Law That the King hath no Power but what the Law gives him That the King is so called from Ruling well Rex à bene Regendo viz. according to Law Because be is a King whilst be Rules well but a Tyrant when he Oppresses That Kings of England never appear more in their glory splendor and Majestick Sovereignty than in Parliaments That the Prerogative of the King cannot do wrong nor be a Warrant to do wrong to any Plowd Comment fol. 246. 2. Respecting the Parliament That Parliaments constitute and are laid in the Essence of the Government That a Parliament is that to the Common-Wealth which the Soul is to the Body which is only able 〈…〉 and understand the symptoms of all Diseafes which threaten the Body-politick That a Parliament is the Bulwark of our Liberty the boundary which keeps us from the Inundation of Tyrannical Power Arbitrary and unbounded Will-Government That Parliaments do make new and abrogate old Laws Reform Grievances in the Commonwealth settle the Succession grant Subsidies And in sum may be called the great Physician of the Kingdom From whence it appears and is self-evident if Parliaments are so absolutely necessary in this our Constitution That they must then have their certain stationary times of Session and continuance for providing Laws essentially necessary for the being as well as the well-being of the People and redressing all publick Grievances either by the want of Laws or of the undue Execution of them in being or otherwise And suitable hereunto are those Provisions made by the Wisdom of our Ancestors as recorded by them both in the Common and Statute-Law First Coke lib. 7. Rep. p. 12 13. What we find hereof in the Common-Law The Common-Law saith my Lord Coke is that which is founded in the immutable Law and light of Nature agreeable to the Law of God requiring Order Government Subjection and Protection c. Containing ancient Vsages warranted by Holy Scripture and because it is generally given to all it is therefore called Common Lib. 9. Preface And further saith That in the book called The Mirror of Justice appeareth the whole frame of the ancient Common-Laws of this Realm from the time of K. Arthur 5 6. till near the Conquest which treats also of the Officers as well as the diversity and dictinction of the Courts of Justice which are Officinae Legis and particularly of the High Court of Parliament by the name of Council-General or Parliament so called from Parler-la-ment speaking judicially his mind And amongst others gives us the following Law of King Alfred who reigned about 880. Le Roy Alfred Ordeigna pur usage perpetuel que a deux foits per lan ou plus sovene pur mistier in temps de peace so Assembler a Londres Mirror of Justice Ch. 1. Sect. 3. pur Parliamenter surle guidement del people de dieu corneâ—t gents soy garderent de pechers viverent in quiet receiverent droit per certain usages saints Judgments King Alfred ordaineth for a usage perpetual That twice a year or oftner if need be in time of peace they shall assemble themselves at London to treat in Parliament of the Government of the People of God how they should keep themselves from Offences should live in quiet and should receive right by certain Laws and holy Judgments And thus saith my Lord Coke you have a Statute of K. Alfred Lord Coke's Comment upon it as well concerning the holding of this Court of Parliament twice every year at the City of London as to manifest the threefold end of this great and honourable Assembly of Estates As First That the Subject might be kept from offending that is that Offences might be prevented both by good and provident Laws and by the due Execution thereof Secondly That men might live safely and in quiet Thirdly That all men might receive Justice by certain Laws and holy Judgments that is to the end that Justice might be the better administred that Questions and Defects in Laws might be by the High Court of Parliament planed reduced to certainty and adjudged And further tells us That this Court being the most Supream Court of this Realm is a part of the frame of the Common-Laws and in some cases doth proceed Legally according to the ordinary course of the Common-Law as it appeareth 39 E. 3. f. Coke Inst ch 29. fol. 5. To be short of this Court it is truly said Si vetestatem specter est antiquissima si dignitatem est honoratissima si jurisdictionem est capacissima If you regard Antiquity it is the most Ancient if Dignity the most Honourable if Jurisdiction the most Sovereign And where question hath been made whether this Court continued during the Heptarchy let the Records themselves make answer of which he gives divers Instances in the times of King Ine Offa Ethelbert After the Heptarchy King Edward Son of Alfred King Ethelston Edgar Ethelred Edmond Canutus All which he saith and many more are extant and publickly known proving by divers Arguments that there were Parliaments unto which the Knights and Burgesses were summoned both before in and after the Reign of the Conqueror till Hen. 3d's time and for your further satisfaction herein see 4 E. 3.25 49 Ed. 3.22 23. 11 H. 4.2 Littl. lib. 2. cap. 20. Whereby we may understand 1.
That Parliaments are part of the frame of the Common-Law which is laid in the Law and Light of Nature right Reason and Scripture 2. That according to this Moral Law of Equity and Righteousness Parliaments ought frequently to meet for the common peace safety and benefit of the People and support of the Government 3. That Parliaments have been all along esteemed an essential part of the Government as being the most ancient honourable and Sovereign Court in the Nation who are frequently and perpetually to sit for the making and abolishing Laws Redressing of Grievances and see to the due administration of Justice 4. That as to the place of Meeting it was to be at London the Capital City the Eye and Heart of the Nation as being not only the Regal Seat but the principal place of Judicature and residence of the chief Officers and Courts of Justice where also the Records are kept as well as the principal place of Commerce and Concourse in the Nation and to which the People may have the best recourse and where they may find the best accommodation 5. The Antiquity of Parliaments in this Nation which have been so ancient that no Record can give any account of their Beginning my Lord Coke thus tracing them from the Britains through the Saxons Danes and Normans to our days So that not to suffer Parliaments to sit to answer the great ends for which they were Instituted is expresly contrary to the Common Law and so consequently of the Law of God as well as the Law of Nature and thereby Violence is offered to the Government it self and Infringement of the Peoples fundamental Rights and Liberties Secondly What we find hereof in the Statute-Law The Statute Laws are Acts of Parliament which are or ought to be only Declaratory of the Common Law which as you have heard is founded upon right Reason and Scripture for we are told that if any thing is Enacted contrary thereto it is void and null As Coke Inst l. 2. c 29. f. 15. Finch p. 3. 28 H. 8. c. 27. Doct. and Stud. The first of these Statures which require the frequent Meeting and Sitting of Parliaments agreeable to the Common Law we find to be in the time of Ed. 3. viz. 4 Ed. 3. ch 14. In these words ' Item It is accorded that a Pariament shall be holden every year once or more often if need be The next is in the 36 of the same K. Ed. 3. c. 10. viz. Item For the maintenance of the said Articles and Statutes and Redressing of divers Mischiefs and Grievances which dayly happen a Parliament shall be holden every year as at another time was ordained by a Statute viz. the aforementioned in his 4th year And agreeable hereto are those Statutes upon the Rolls viz. 5 Ed. 2. 1 R. 2. No. 95. By which Statutes it appeareth That Parliaments ought annually to meet to support the Government and to redress the Grievances which may happen in the Interval of Parliaments That being the great End proposed in their said Meetings Now for Parliaments to meet Annually and not suffered to sit to Answer the Ends but to be Prorogued or Dissolved before they have finished their Work would be nothing but a deluding the Law and a striking at the foundation of the Government it self and rendering Parliaments altogether useless for it would be all one to have No Parliaments at all as to have them turn'd off by the Prince before they have done that that they were called and intrusted to do For by the same Rule whereby they may be so turn'd off one Session they may be three Sessions and so to threescore to the breaking of the Government and introducing Arbitrary Power To prevent such intollerable Mischiefs and Inconveniencies are such good Laws as these made in this King's time and which were so Sacredly observed in after times That it was a Custom especially in the Reigns of H. 4. H 5. H. 6. to have a Proclamation made in Westminster-Hall before the end of every Session * An honest and a necessary Proclamation to be made every Parliament That all those who had any matter to present to the Parliament should bring it in before such a day for otherwise the Parliament at that day should Determine Whereby it appears the People were not to be eluded nor disappointed by surprizing Prorogations and Dissolutions to frustrate and make void the great ends of Parliaments And to this purpose saith a late Learned Author That if there was no Statute or any thing upon record extant concerning the Parliaments sitting to redress grievances yet that I must believe that it is so by the fundamental Law of the Government which must be lame and imperfect without it For otherwise the Prince and his Ministers may do what they please and their Wills may be their Laws Therefore it is provided for in the very Essence and Constitution of the Government it self and this saith our Author we may call the Common-Law which is of as much value if not more than any Statute and of which all our good Acts of Parliament and Magna-Charta it self is but Delaratory so that though the King is intrusted with the formal part of summoning and pronouncing the Dissolution of Parliaments which is done by Writ yet the Laws which oblige him as well as us have determined how and when he shall do it which is enough to shew that the King's share in the Soveraignty that is in the Parliament is cut out to him by Law and not left at his disposal The next Statute we shall mention to inforce this fundamental Right and Privilege 25 Ed. 3. c. 23. Statute of Provisors is the 25th Ed. 3. ch 23. called the Statute of Provisors which was made to prevent and cut off the Incroachments of the Bishops of Rome whose Usurpations in disposing of Benefices occasioned intollerable Grievances wherein in the Preamble of the said Statute it is expressed as followeth Whereupon the Commons have prayed our said Soveraign Lord the King that sith the Right of the Crown of England and the Law of the said Realm is such that upon the Mischiefs and Damage which happeneth to his Realm be ought and is bounden of the accord of his said People in his Parliament thereof to make Remedy and Law in avoiding the Mischiefs and Damage which thereof cometh That it may please him thereupon to provide Remedy Our Soveraign Lord the King seeing the Mischiefs and Damage before-named and having regard to the said Statute made in the time of his said Grand-Father and to the Causes contained in the same which Statute holdeth always his force and was never defeated or annulled in any point and by so much is bound by his Oath to do the same to be kept as the Law of this Realm tho that by Sufferance and Negligence it hath since been attempted to the contrary And also having regard to the grievous Complainte made to him by his
the Lives of all that are brought into Judgment do ultimately depend from their Verdict there lies no Appeal by finding Guilty or not Guilty they do complicately resolve both Law and Fact As it hath been the Law so it hath always been the Custom and Practice of these Juries upon all general Issues pleaded in Cases Civil as well as Criminal to judge both of the Law and Fact See the Reports of the Ld Chief Justice Vaughan p. 150 151. So it is said in the Report of the Lord Chief Justice Vaughan in Bushel's Case That these Juries determine the Law in all matters where Issue is joined and tried in the Principal Case whether the Issue be about Trespass or a Debt or Disseizin in Assizes or a Tort or any such like unless they should please to give a special Verdict with an implicite faith in the Judgment of the Court to which none can oblige them against ther wills These last 12 must be Men of equal condition with the Party indicted and are called his Peers therefore if it be a Peer of the Realm they must be all such when indicted at the Suit of the King and in the Case of Commoners every man of the 12 must agree to the Verdict freely without compulsion fear or menace else it is no Verdict Whether the Case of a Peer be harder I will not determine Our Ancestors were careful that all men of the like condition and quality presumed to be sensible of each other's infirmity should mutually be Judges each of others lives and alternately taste of Subjection and Rule every man being equally liable to be accused or indicted or perhaps to be suddenly judged by the Party of whom he is at present Judge if he be found innocent Whether it be Lord or Commoner that is indicted the Law intends as near as may be that his Equals that judge him should be his Companions known to him and he to them or at least his Neighbours or Dwellers near about the place where the Crime is supposed to have been committed to whom something of the Fact must probably be known and though the Lords are not appointed to be of the Neighbourhood to the indicted Lord yet the Law supposes them to be Companions and personally well known each unto other being presumed to be a small number as they have anciently been and to have met yearly or oftner in Parliament as by Law they ought besides their other meetings as the hereditary Councellors of the Kings of England If time hath altered the case of the Lords as to the number indifferency and impartiality of the Peers it hath been and may be worthy of the Parliament's consideration and the greater duty is incumbent upon Grand Juries to examine with the utmost diligence the Evidence against Peers before they find a Bill of Indictment against any of them if in truth it may put their Lives in greater danger It is not designed at this time to undertake a Discourse of Petit-Juries but to consider the Nature and Power of Grand Inquests and to shew how much the Reputation the Fortunes and the Lives of English-men depend upon the Conscientious performance of their Duty It was absolutely necessary for the support of the Government and the safety of every Man's Life and Interest that some should be trusted to inquire after all such as by Treasons Felonies or lesser Crimes disturbed the peace that they might be prosecuted and brought to condign punishment and it was no less needful for every man's quiet and safety that the trust of such Inquisitions should be put into the hands of Persons of understanding and integrity indifferent and impartial that might suffer no man to be falsely accused or defamed nor the Lives of any to be put in jeopardy by the malicious Conspiracies of greator small or the Perjuries of any profligate Wretches For these necessary honest Ends was the institution of Grand Juries Our Ancestors thought it not best to trust this great concern of their Lives and Interests in the hands of any Officer of the King 's or in any Judges named by him nor in any certain number of men during life lest they should be awed or influenced by great men corrupted by Bribes Flatteries or love of Power or become negligent or partial to Friends and Relations or pursue their own Quarrels or private Revenges or connive at the Conspiracies of others and indict thereupon But this trust of enquiring out and indicting all the Criminals in a County is placed in men of the same County more at least than Twelve of the most honest and most sufficient for knowledge and ability of Mind and Estate to be from time to time at the Sessions and Assizes and all other Commissions of Oyer and Terminer named and returned by the chief Sworn Officer of the County the Sheriff who was also by express Law anciently chosen annually by the People of every County and trusted with the Execution of all Writs and Processes of the Law and with the Power of the County to suppress all Violences unlawful Routs Riots and Rebellions Yet our Laws left not the Election of these Grand Inquests absolutely to the Will of the Sheriffs but have described in general their Qualifications who shall enquire and indict either Lord or Commoner They ought by the old Common-law to be Lawful Liedge-people of ripe Age not over aged or infirm and of good Fame amongst their Neighbours free from all reasonable suspicion of any design for himself or others upon the Estates or Lives of any suspected Criminals or quarrel or controversie with any of them They ought to be indifferent and impartial even before they are admitted to be sworn and of sufficient understanding and Estate for so great a Trust The ancient Law-book called Briton of great Authority says See Brit. p. 9 and 10. The Sheriffs Bailiffs ought to be sworn to return such as know best how to enquire and discover all breaches of the Peace and lest any should intrude themselves or be obtruded by others they ought to be returned by the Sheriff without the denomination of any except the Sheriff's Officers And agreeable hereunto was the Statute of 11 H. 4. in these words Item Because of late See 11 Hen. 4. Inquests were taken at Westminster of persons named to the Justices without due Return of the Sheriff of which persons some were outlawed c. and some fled to fanctuary for Treason and Felony c. by whom as well many Offenders were indicted as other lawful Liege-people of the King not guilty by Conspiracy Abetment and false imagination of others c. against the force of the Common-Law c. It is therefore granted for the Ease and Quietness of the People that the same Indictment with all its Dependences be void and holden for none for ever and that from henceforth no Indictment be made by any such persons but by Inquest of the King's Liedge-people in the manner as
for the Life of the injured Lord was broken as is manifest by his liberty now obtained by Law Witnesses may come prepared and tell plausible Stories in open Court if they know from the Prosecutor to what they must answer and have agreed and acquainted each other with the Tales they will tell and have resolved to be careful that all their Answers to cross Interrogatories may be conformable to their first Stories And if these relate only to Words spoken at several times in private to distinct Witnesses in such a case Evidence if given in open Court may seem to be very strong against the Person accused though there be nothing of truth in it But if such Witnesses were privately and separately examined by the Grand Inquest as the Law requires and were to answer only such Questions as they thought fit and in such order as was best in their Judgments and most natural to find out the Truth of the Accusation so that the Witnesses could not guess what they should be asked first or last nor one conjecture what the other had said which they are certain of when they know beforehand what the Prosecutor will ask in Court of every of them and what they have resolved to answer if the Inquest should put them out of their Road and then compare all their several Answers together they might possibly discern marks enough of falsehood to shew that their Testimonies ought not to be depended upon where Life is in question By what is now said the reasonableness of this Institution of Secrecy may be discerned in respect to the discovery of Truth and the protection of the Innocent from malicious Combinations and Perjuries Yet the same Secrecy of the King's Counsel is no less necessary to reserve the guilty for punishment when the Evidence against any party accused is not manifest and full it may be kept without prejudice under Secrecy until further enquiry and if sufficient proof can afterwards be made of the Offence an Indictment may be found by a Grand Inquest and the Party brought to answer it But when the Examinations are in open Court or the King's Council any other way divulged and the Evidence is weak and less than the Law requires 't is not probable that it will be more or stronger and should an Indictment be found and the Party tried by a Petit Jury whilst the Evidence is not full they must and ought to acquit him and then the further prosecution for the same Offence is for ever barred though his guilt should afterwards be manifest and confessed by himself From hence may certainly be concluded That Secrecy in the Examinations and Enquiries of Grand Juries is in all respects for the Interest and advantage of the King If he be concerned to have secret Treason Felonies and all other Enormities brought to light and that none of the Offenders should escape Justice if the gain of their Forfeitures be thought his Interest which God forbid then the first notices of all dangerous Crimes and wicked Confederacies ought to be secretly and prudently pursued and searcht into by the Grand Inquest the Accusers and Witnesses ought not to publish in a Court before a multitude what they pretend to know in such Cases until the discretion of so many honest Men of the Neighbourhood hath first determined whether their Testimony will amount to so good and full Evidence that it may be made publick with safety to the King and People in order to Justice Else they are obliged by Oath to lock up in their own Breasts all the Circumstances and Presumptions of Crimes until they or such as shall succeed in the same Trust shall have discovered as they believe Evidence enough to convict the Accused and then and not before they are to accuse the Party upon Record by finding the Bills as it 's usually called But when Bills are offered without satisfactory Evidence and they neither know nor can learn any more they ought for the King's sake to indorse Ignoramus upon them lest his Honour and Justice be stained by causing or permitting such Prosecution of his People in his own name and at his Suit as shall appear upon their Tryal and Acquittal to have been frivolous or else malicious designs upon their Lives and Fortunes If it should be said That whatsoever Reasons there are for this Oath of Secrecy yet it cannot deprive the King of the benefit of having the Evidence made publick if he desires it and that the Grand Jury do not break their Oaths when the King or the Prosecutor for him will have it so 'T is not hard to shew that such Notions have no foundation in Law or Reason and seem to come from Men who have not well studied the first Principles of the English Government or of True Religion Whosoever hath learnt that the Kings of England were ordained for the good Government of the Kingdom in the Execution of the Laws must needs know that the King cannot lawfully seek any other benefit in judicial proceedings than that common Right and Justice be done to the People according to their Laws and Customs Their Safety and Prosperity are to be the Objects of his continual Care and Study that being the highest concern The Greatness and Honour of a Prince consists in the Virtue Multitude Wealth and Prowess of his People and his greatest Glory is by the excellency of his Government so to have encouraged Virtue and Piety that few or no Criminals are to be found in his Dominions Those who have made this their principal aim have in some places so well succeeded as to introduce such a Discipline and rectitude of Manners as rendred every man a Law unto himself Gar. de la Veg Hist de los Incas As it is reported in the History of Peru that though the Laws were so severe as to make very small Crimes capital yet it often fell out that not one man was put to death in a year within the whole compass of that vast Empire The King 's only benefit in finding out and punishing Offenders by Courts of Justice are the preservation and support of the Government the protection of the Innocent revenging their wrongs and preventing further mischiefs by the terrors of exemplary Punishments The King is the head of Justice in the esteem of our Laws and the whole Kingdom is to expect right to be done them in his several Courts instituted by Law for that purpose Therefore Writs issue out in his name in all cases where relief is sought by the Subject and the wrongs done to the Lives or Limbs of the People are said to be done against the Peace of the King his Crown and Dignity reckoning it a dishonour to him and his Government that Subjects should not whilst they live within the Law enjoy Peace and Security It ought to be taken for a scandal upon the King when he is represented in a Court of Justice as if he were partially concerned or
desolationibus tam sanctae Eccles quam Reg. factis per hoc iniquum Concilium Domini Regis contra magnas Chartas tot toties multoties emptas redemptas concessas confirmatas per tot talia Juramenta Domini Regis nunc Dominorum Henrici Johannis ac per terribiles fulminationes Excommunicationis sententiae in transgressores communium libertatum Angliae quae in chartis praedictis continentur corroboratas cum spes praeconcepta de libertatibus illis observandis fideliter ab omnibus putaretur stabilis indubitata Rex conciliis malorum Ministrorum praeventus seductus easdem infringendo contravenire non formidavit credens deceptive pro numere absolvi à transgressione quod esset manifestum regni exterminium Aliud etiam nos omnes angit intrinsecus quod Justiciarii subtiliter ex malitia sua ac per diversa argumenta avaritiae intolerabilis superbiae Regem contra fideles suos multipliciter provocaverunt incitaverunt sanoque salubri consilio Ligeorum Angliae contrarium reddiderunt consilia sua vana impudenter praeponere affirmare non erubuerunt seu formidaverunt ac si plus habiles essent ad consulendam conservandam Rempublicam quam tota Universitas Regni in unum collecta Ita de illis possit vere dici viri qui turbaverunt terram concusserunt Regnum sub fuco gravitatis totum populum graviter oppresserunt praetextuque solummodo exponendi veteres Leges novas non dicam Leges sed malas consuetudines introduxerunt vomuerunt ita quod per ignorantiam nonnullorum ac per partialitatem aliorum qui vel per munera vel timorem aliquorum potentum innodati fuerunt nulla fuit stabilitas Legum nec alicui de populo Justitiam dignabantur exhibere opera eorum sunt opera nequitiae opus iniquitatis in manibus pedes eorum ad malum currunt festinant ac viam recti nescierunt Quid dicam non est judicium in gressibus suis Quam plurimi liberi homines terrae nostrae fideles Domini Regis quasi viles ultimae servi conditionis diversis Carceribus sine culpa commiserunt ibidem carcerandi quorum nonnulli in carcere fame maerore vinculorum pondere defecerunt extorquerunt pro Arbritrio insuper infinitam pecuniam ab eâ—â—dem pro redemptione sua crumenas aliorum ut suas impregnarent tam à divitibus quam pauperibus exhauserunt ratione quorum incurriverunt odium inexorabile formidabile imprecationes omnium quasi tale incommunicabile privilegium per Chartam detest abilem de non obstante obtinuerunt perquiviserunt ut à lege divina humanaque quasi ad libitum immunes essent Gravamen insuper solitum adhuc sive aliquo modo saevit omnia sunt venalia si non quasi furtiva proh dolor Quid non mortalia pectora cogit Auri sacra fames Ex ore meo contra vos O Impii tremebunda coeli decreta jam auditis Agnitio vultuum vestrorum accusat vos peccatum vestrum quasi Sodoma praedicavistis nec abscondistis vae animae vestrae vae qui condunt leges scribentes injustitiam scripserunt ut opprimerent in judicio pauperes vim facerent causae humilium populi ut essent viduae praeda eorum pupillos diriperent vae qui aedificant domum suam injusticia coenacula sua non in Judicio vae qui concupiverunt agros violenter tulerunt rapuerunt domos oppresserunt virum domum ejus imo virum Haereditatem suam vae Judices qui sicut Lupi vespere non relinquebant ossa in mane Justus Judex adducit Consiliarios in stultum finem Judices in stuporem mox alta voce justum Judicium terrae recipietis His auditis omnium aures tinniebant totaque Communitas ingemuerunt Vide Mat. West Anno 1289. p. 376 li. 13. dicentes heu nobis heu ubi est Angliae toties empta toties concessa toties scripta toties jurata Libertas Alii de Criminalibus sese à visibus populi subtrahentes in locis secretis cum amicis tacite latitaverunt Anno vero 1290. 18. Ed. 1. deprehensis omnibus Angliae Justiciariis de repetundis praeter Jo. Metingham Eliam de Bleckingham quos honoris ergo nominatos volui judicio Parliamenti vindicatum est in alios atque alios carcere exilio fortunarumque omnium dispendio in singulos mulcta gravissima amissione officii Spelmans Glossary p. 1. co 1. 416. alios protulerunt in medium unde merito fere omnes ab officiis depositi amoti unus à terra exulatus alii perpetuis prisonis incarcerati alii que gravibus pecuniarum solutionibus juste adjudicati fuerunt AFter that the King for the space of three Years and more had remained beyond Sea and returned out of Gascoign and France into England he was much vexed and disturbed by the continual clamour both of the Clergy and Laity desiring to be relieved against the Justices and other His Majesties Ministers of several oppressions and injuries done unto them contrary to the good Laws and Customs of the Realm whereupon King Edward by his Royal Letters to the several Sheriffs of England commanded that in all Counties Cities and Market Towns a Proclamation should be made that all who found themselves agrieved should repair to Westminster at the next Parliament and there shew their Grievances where as well the great as the less should receive fit Remedies and speedy Justice according as the King was obliged by the Bond of his Coronation Oath And now that great day was come that day of judging even the Justices and the other Ministers of the King's Council which by no Collusion or Reward no Argument or Art of Pleading they could elude or avoid The Clergy therefore and the People being gathered together and seated in the great Palace of Westminster the Archbishop of Canterbury a man of eminent Piety and as it were a Pillar of the holy Church and the Kingdom rising from his Seat and fetching a profound sigh spoke in this manner Let this Assembly know that we are called together concerning the great and weighty Affairs of the Kingdom too much alas of late disturbed and still out of Order unanimously faithfully and effectually with our Lord the King to treat and ordain Vide Fleta Cap. 17. p. 18 19. Authoritas Officium ordinarii Concilii Regis Ye have all heard the grievous complaints of the most intollerable injuries and oppressions of the daily desolations committed both on Church and State by this corrupt Council of our Lord the King contrary to our great Charters so many and so often purchased and redeemed granted and confirmed to us by the several Oaths of our Lord the King that now is and of our Lords King Henry and John and corroborated by the dreadful thundrings of the sentence of Excommunication against the
Invaders of our common Liberties of England in our said Charters contained and when we had conceived firm and undoubted hopes that these our Liberties would have been faithfully preserved by all men the King circumvented and seduced by the Counsels of evil Ministers hath not been afraid to violate it by infringing them falsly believing that he could for Rewards be absolved from that offence which would be the manifest destruction of the Kingdom There is another thing also that grieves our Spirits that the Justices subtilly and maliciously by diverse Arguments of covetousness and intollerable pride have the King against his faithful Subjects sundry ways incited and provoked counselling him contrary to the good and wholsome Advice of all the Liegemen of England and have not blushed nor been afraid impudently to assert and prefer their own foolish Councils as if they were more fit to consult and preserve the Commonweal than all the Estates of the Kingdom together assembled so that it may be truly said of them they are the men that troubled the Land and disturb'd the Nation under a false colour of gravity have the whole People grievously opprest and under pretence of expounding the antient Laws have introduced new I will not say Laws but evil Customs so that through the Ignorance of some and partiality of others who for reward or fear of great Men have been engaged there was no certainty of Law and they scorned to administer Justice to the people their deeds are deeds of wickedness and the work of Iniquity is in their hand their feet make haste to evil and the way of truth have they not known what shall I say there is no Judgment in their paths How many Free-men of this Land faithful Subjects of our Lord the King have like the meanest Slaves of lowest condition without any fault been cast into Prison where some of them by hunger grief or the burthen of their chains have expired they have also extorted at their pleasure infinite sums of money for their ransoms the Coffers of some that they might fill their own as well from the rich as the poor they have exhausted by reason whereof they have contracted the irreconcilable hatred and dreadful imprecations of all men as if they had purchas'd and obtain'd such an incommunicable priviledge by their detestable Charter of non Obstante that they might at their own lust be free from all Laws both humane and divine Moreover there is another more the ordinary grievance which hitherto hath and in some measure doth still rage among us All things are expos'd to sale if not as it were to plunder and theft Alas how great power hath the love of money in the breasts of Men Hear therefore O ye wicked from my mouth the dreadful decree of Heaven the dejection af your countenances accuseth you and like the men of Sodom ye have not hidden but proclaimed the sin woe be to your souls woe be to them that make Laws and Writing write injustice that they may oppress the poor in Judgment and injure the cause of the humble that Widows may become their Prey and that they might destroy the Orphan Woe be to those that build their Houses in injustice and their Tabernacles in Vnrighteousness Woe be to them that covet large possessions that break open Houses and destroy the Man and his Inheritance woe be to such Judges who are like Wolves in the Evening and leave not a bone till the morning The Righteous Judge will bring such Counsellors to a foolish end and such Judges to confusion ye shall all presently with a loud cry receive the just sentence of the Land At the hearing of these things all Ears tingled and the whole Community lifted up their Voice and mourned saying Alas alas for us what is become of that English Liberty which we have so often purchased which by so many Concessions so many Statutes so many Oaths have been confirmed to us Hereupon several of the Criminals withdrew into secret places being concealed by their friends some of them were brought forth into the midst of the People and deservedly turned out of their Offices one was banished the Land and others were grievously Fined or Condemned to perpetual Imprisonment This is confirmed by Spelman An. 1290. All the Justices of England saith he were An. 18. Ed. 1. apprehended for Corruption except John Mettingham and Elias Bleckingham whom I name for their honour and by Judgment of Parliament condemned some to Imprisonment others Banishment or Confiscation of their Estates and none escaped without grievous Fines and the loss of their Offices The Speech and Carriage of STEPHEN COLLEDGE Before the Castle at Oxford Wednesday Aug. 31. 1681. Taken exactly from his Mouth at the place of Execution Mr. High-Sheriff MR. Colledge It is desired for satisfaction of the World because you have profest your self a Protestant that you would tell what Judgment you are of Colledge Dear People dear Protestants and dear Country-men I Have been Accused and Convicted for Treason the Laws Adjudge me to this Death and I come hither willingly to submit to it I pray God forgive all those persons that had any hand in it I do declare to you whatever has been said of me that I was never a Papist or ever that way inclined they have done me wrong I was ever a Protestant I was born a Protestant I have lived so and so by the Grace of God I will die of the Church of England according to the best Reformation of the Church from all Idolatry from all Superstition or any thing that is contrary to the Gospel of our blessed Lord and Saviour I do declare I was never in any Popish Service Prayers or Devotions in my life save one time about seventeen or eighteen years ago as near as I remember I was out of a curiosity one afternoon at St. James's Chappel the Queens Chappel at St. James's except that one time I never did hear any Popish Service any thing of the Church of Rome Mass or Prayers or any thing else private or publick I know you expect that I should say something as to what I die for It has been charged upon me when I was apprehended and brought before the Council some of the Council the Secretary and my Lord Killingworth and Mr. Seymour they told me there was Treason sworn against me truly they surprized me when they said so for of all things in the World I thought my self as free from that as any man I asked them if any man living had the confidence to swear Treason against me They said several three or four as I remember Then they told me it was sworn against me that I had a design to pull the King out of White-hall and to serve him as his Father was served or to that purpose the Loggerhead his Father or that kind of Language I did deny it then and do now deny it upon my Death I never was in any manner of Plot in my
between them for my part I never did I came to Oxford with my Lord Howard whom I look upon to be a very honest worthy Gentleman my Lord Clare my Lord Paget and my Lord Huntingdon and this Capt. Brown and Don Lewis were in my company and came along with us as they were my Lord Howard's Friends Brown I have known I believe two or three months but Lewis I never saw before that day they said they came with my Lord Howard I take God to witness I never had but one sixpence or any thing else to carry on any design and if it were to save my life now I can't charge any man in the world with any design against the Government as God is my witness or against his Majesty or any other person As for what Arms I had and what Arms others had they were for our own defence in case the Papists should make any attempt upon us by way of Massacre or any Invasion or Rebellion that we should be ready to defend our selves God is my witness this is all I know If this be a Plot this I was in but in no other But never knew of any numbers or times appointed for meeting but we said one to another that the Papists had a Design against the Protestants when we did meet as I was a man of general Conversation and in case they should rise we were ready but then they should begin the Attempt upon us This was my business and is the business of every good Subject that loves the Laws of his Country and his King For England can never hope to be happy under those Blood-thirsty men whose Religion is Blood and Murther which I do with all my Soul and did ever since I knew what Religion was abhor and detest viz. the Church of Rome as pernicious and destructive to humane Societies and all Government I beseech God that every Man of you may unite together as Protestants against this common Foe Gentlemen it is my sence and I do in that believe I am as certainly murthered by the hands of the Papists as Sir Edmundbury Godfrey himself was though the thing is not seen These Witnesses certainly are mercenary men and I beseech God Almighty to have mercy upon their Souls and forgive them and either by his Judgments or mercies reclaim them that they shed no more innocent blood There is not a man of them that I know of that ever heard me say or do any bit of Treason in my life This is the first I mayn't say it is but almost the twentieth Sham-Plot that they have endeavoured to put upon the Nation to delude the People and put off their own damnable Plot. This is not the first but I think the sixteenth or seventeenth I pray God that my blood may be the last I pray God defend every man's blood and all Protestants in England from the hand of these bloody Papists by whose means I die this Death and if they shall go on in this nature I hope the good God will open every mans eyes to see it before he feels it And I beseech you if you have any love for your King your Country and the Protestants unite together if you are Protestants I pray God those that deserve the name let them be called how they will either Dissenters or Church of England men that they may unite together like men like Christians against the common Foe who will spare neither the one side nor the other but beat you one against another like two Pitchers the last that stands they will certainly destroy if they can This is my sence and God is my witness I speak my Conscience I do not know Mr. Sheriff whether there be any thing else I have to say or no. We have a good God and I beseech every man that hears me this day for we live in a sinful Age good People and it behoveth every one of you it cannot be long before all that look upon me in this condition must lie down in the Dust and God knows must come into an eternal estate either for Mercy or Judgment I beseech you in the name of God he is a God of Mercy and a God of Patience and long suffering that you would break off your Sins by Repentance and serve a good God who must be your Friend at last or else you are lost to Eternity O Lord how ungrateful wretches are we that have a God of such infinite Mercy and goodness that affords us our Life our Health and a thousand Mercies every day and we like ungrateful People not deserving the name of Men or Christians live riotous lives in Debauchery and Swearing in Malice and the Lord knows how many Evils I beseech God that I may be this day a means in the hand of God to bring some of their Souls over to him I beseech you remember what I say Indeed I do not know I have been so strangely used since I have been a Prisoner what to say being brought from one Affliction to another that my Body is worn out and my Memory and Intellects have failed me much to what they were I can't remember what I have to say more but that the Lord Jesus Christ would bless my Country and preserve it from Popery and in mercy bless his Majesty good God be merciful to him make him an instrument in thy hands to defend his Protestant Subjects Lord in mercy defend him from his Enemies good God bless this People good Lord continue the Gospel of Jesus Christ thy Gospel in its purity to us and our Posterity as long as the Sun and Moon endureth O Lord save all that call upon thee be merciful to all thy Servants all thy People that put their trust in thee good Lord deliver them from the hands of their Enemies good Lord let their Lives and Bodies and Souls be all precious in thy sight O merciful God put a stop to these most wicked Conspiracies of thy Enemies and the Nations Enemies the Papists let no more Protestant blood be shed but this of mine I beseech thee O my God O Lord look upon me O Lord bless me O good God receive me into thy blessed presence by Jesus Christ my alone Saviour and Redeemer in whom alone I put my trust for Salvation It is thee O God that I trust in thou righteous Judge of Heaven and Earth All Popery all Pardons all Popes and Priests all Dispensations I disown and will not go out of the World with a lye in my mouth From the sincerity of my heart I declare again that what I 've said to you is the very Sentiments of my Soul as God shall have mercy upon me and to the best of my knowledge I desire the Prayers of you good People while I am here and once more I beseech you to think upon Eternity every one of you that hear me this day the Lord turn your Hearts and Souls if you have been wicked livers if you
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
this Absolute Power it is a little too hard to make men swear to maintain the King in it and if that Kingdom has suffered so much by the many Oaths that have been in use among them as is marked in his Proclamation I am afraid this new Oath will not much mend the matter XIV Yet after all there is some Comfort his Majesty assures them he will use no Violence nor Force nor any Invincible Necessity to any man on the account of his perswasion It were too great a want of respect to fancy that a time may come in which even this may be remembred full as well as the promises that were made to the Parliament after his Majesty came to the Crown I do not I confess apprehend that for I see here so great a Caution used in the choice of these words that it is plain very great Severities may very well consist with them It is clear that the general words of Violence and Force are to be determined by the last Invincible Necessity so that the King does only promise to lay no Invincible Necessity on his Subjects but for all Necessities that are not Invincible it seems they must bear a large share of them Disgraces want of imployments Fines and Imprisonments and even Death it self are all vincible things to a man of a firmness of mind so that the Violences of Torture the Furies of Dragoons and some of the Methods now practised in France perhaps may be included within this Promise since these seem almost Invincible to Humane Nature if it is not fortified with an Extraordinary measure of Grace but as to all other things his Majesty binds himself up from no part of the Exercise of his Absolute Power by this Promise XV. His Majesty Orders this to go Immediatly to the Great Seal without passing through the other Seals now since this is Counter-signed by the Secretary in whose hands the Signet is there was no other step to be made but through the Privy Seal so I must own I have a great Curiosity of knowing his Character in whose hands the Privy Seal is at present for it seems his Conscience is not so very supple as the Chancellors and the Secretaries are but it is very likely if he does not quickly change his Mind the Privy Seal at least will quickly change his Keeper and I am sorry to hear that the Lord Chancellor and Secretary have not another Brother to fill this post that so the guilt of the ruine of that Nation may lie on one single Family and that there may be no others involved in it XVI Upon the whole matter many smaller things being waved it being extream unpleasant to find fault where one has all possible dispositions to pay all respect we here in England see what we must look for A Parliament in Scotland was try'd but it proved a little stubborn and now Absolute Power comes to set all right so when the Closetting has gone round so that Noses are counted we may perhaps see a Parliament here but if it chances to be untoward and not to Obey without Reserve then our Reverend Judges will copy from Scotland and will not only tell us of the King 's Imperial Power but will discover to us this new Mystery of Absolute Power to which we are all bound to Obey without Reserve These Reflections refer in so many places to some words in the Proclamation that it was thought necessary to set them near one another that the Reader may be able to Judge whether he is deceived by any false Quotations or not By the King A PROCLAMATION JAMES R. JAMES the Seventh by the Grace of God King of Scotland England France and Ireland Defender of the Faith c. To all and sundry our good Subjects whom these presents do or may concern Greeting We have taken into our Royal Consideration the many and great inconveniencies which have happened to that our Ancient Kingdom of Scotland of late years through the different perswasions in the Christian Religion through the great Heats and Animosities amongst the several Professors thereof to the ruin and decay of Trade wasting of Lands extinguishing of Charity contempt of the Royal Power and converting of true Religion and the Fear of God into Animosities Names Fractions and sometimes into Sacrilege and Treason And being resolved as much as in us lies to Unite the Hearts and Affections of Our Subjects to GOD in Religion to Us in Loyalty and to their Neighbours in Christian Love and Charity Have therefore thoughe fit to Grant and by our Soveraign Authority Prerogative Royal and Absolute Power which all our Subjects are to Obey without Reserve Do hereby give and grant Our Royal Toleration to the several Professors of the Christian Religion after named with and under the several Conditions Restrictions and Limitations after-mentioned In the first place We Allow and Tolerate the Moderate Presbyterians to Meet in their Private Houses and there to hear all such Ministers as either have or are willing to accept of Our Indulgence allanerly and none other and that there be not any thing said or done contrary to the Well and Peace of Our Reign Seditious or Treasonable under the highest Pains these Crimes will import nor are they to presume to Build Meeting-Houses or to use Out-Houses or Barns but only to Exercise in their Private Houses as said is In the mean time it is our Royal Will and Pleasure that Field-Conventicles and such as Preach or Exercise at them or who shall any ways assist or connive at them shall be prosecuted according to the utmost Severity of our Laws made against them seeing from these Rendezvouzes of Rebellion so much Disorder hath proceeded and so much Disturbance to the Government and for which after this Our Royal Indulgence for tender Consciences there is no Excuse left In like manner we do hereby tolerate Quakers to meet and Exercise in their Form in any place or places appointed for their Worship And considering the Severe and Cruel Laws made against Roman Catholicks therein called Papists in the Minority of Our Royal Grand-Father of * Glorious Memory without His Consent and contrary to the Duty of good Subjects by His Regents and other Enemies to their Lawful Soveraigns Our Royal Great Grand-Mother Queen Mary of Blessed and Pious Memory wherein under the pretence of Religion they cloathed the worst of Treasons Factions and Usurpations and made these Laws not as against the Enemies of GOD but their own which Laws have still been continued of course without design of executing them or any of them ad terrorem only on Supposition that the Papists relying on an External Power were incapable of Duty and true Allegiance to their Natural Soveraign and Rightful Monarchs We of Our certain Knowledge and long Experience knowing that the Catholicks as it is their Principle to be good Christians so it is to be dutiful Subjects and that they have likewise on all Occasions shewn themselves
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
the Reign of Our late Royal Brother King Charles the Second shall not at any time hereafter be required to be Taken Declared or Subscribed by any person or persons whatsoever who is or shall be Employed in any Office or Place of Trust either Civil or Military under Us or in Our Government And We do further Declare it to be Our Pleasure and Intention from time to time hereafter to Grant Our Royal Dispensations under Our Great Seal to all our Loving Subjects so to be Employed who shall not take the said Oaths or Subscribe or declare the said Tests or Declarations in the abovementioned Acts and every of them And to the end that all Our Loving Subjects may receive and enjoy the full Benefit and Advantage of Our Gracious Indulgence hereby intended and may be Acquitted and Discharged from all Pains Penalties Forfeitures and Disabilities by them or any of them incurred or forfeited or which they shall or may at any time hereafter be liable to for or by reason of their Non-conformity or the Exercise of their Religion and from all Suits Troubles or Disturbances for the same We do hereby give Our Free and Ample Pardon unto all Non-conformists Recusants and other Our Loving Subjects for all Crimes and Things by them commited or done contrary to the Penal Laws formerly made relating to Religion and the Profession or Exercise thereof Hereby Declaring That this Our Royal pardon and Indempnity shall be as Good and Effectual to all intents and purposes as if every individual person had been therein particularly named or had particular Pardons under Our Great Seal which We do likewise Declare shall from time to time be Granted unto any person or persons desiring the same Willing and Requiring Our Judges Justices and other Officers to take Notice of and Obey Our Royal Will and Pleasure herein before Declared And although the Freedom and Assurance We have hereby given in relation to Religion and Property might be sufficient to remove from the Minds of Our Loving Subjects all Fears and Jealousies in relation to either yet We have thought fit further to Declare That We will Maintain them in all their Properties and Possessions as well of Church and Abby-Lands as in any other their Lands and Properties whatsoever Given at our Court at Whitehall the Fourth Day of April 1687. In the Third Year of Our Reign By His Majesties Special Command A LETTER containing some Reflections on His Majesties Declaration for Liberty of Conscience Dated the Fourth of April 1687. SIR I. I Thank you for the Favour of sending me the late Declaration that His Majesty has granted for Liberty of Conscience I confess I longed for it with great Impatience and was surprised to find it so different from the Scotch Pattern for I imagined that it was to be set to the second part of the same tune nor can I see why the Penners of this have sunk so much in their stile for I suppose the same Men penned both I expected to have seen the Imperial Language of Absolute Power to which all the Subjects are to Obey without reserve and of the Cassing Annulling the stopping and disabling of Laws set forth in the Preamble and body of this Declaration whereas those dreadful words are not to be found here for instead of Repealing the Laws his Majesty pretends by this only to Suspend them and though in effect this amounts to a Repeal yet it must be confessed that the words are softer Now since the Absolute Power to which his Majesty pretends in Scotland is not founded on such poor things as Law for that would look as if it were the gift of the People but on the Divine Authority which is supposed to be delegated to his Majesty this may be as well claimed in England as it was in Scotland and the pretentions to Absolute Power is so great a thing that since his Majesty thought fit once to claim it he is little beholding to those that make him fall so much in his Language especially since both these Declarations have appeared in our Gazettes so that as we see what is done in Scotland we know from hence what is in some peoples hearts and what we may expect in England II. His Majesty tells his people that the perfect Injoyment of their Property has never been in any Case invaded by him since his coming to the Crown This is indeed matter of great Incouragement to all good Subjects for it lets them see that such Invasions as have been made on Property have been done without his Majesties knowledge so that no doubt the continuing to levy the Customes and the Additional Excise which had been granted only during the late King's Life before the Parliament could meet to renew the Grant was done without his Majesties knowledge the many Violences committed not only by Soldiers but Officers in all the parts of England which are severe Invasions on Property have been all without his Majesties knowledge and since the first Branch of Property is the Right that a man has to his Life the strange Essay of Mahometan Government that was shewed at Taunton and the no less strange proceedings of the present Lord Chancellour in his Circuit after the Rebellion which are very justly called his Campagne for it was an open Act of Hostility to all Law and for which and other Services of the like nature it is believed he has had the reward of the great Seal and the Executions of those who have left their Colours which being founded on no Law are no other than so many murders all these I say are as we are sure Invasions on Property but since the King tells us that no such Invasions have been made since he came to the Crown we must conclude that all these things have fallen out without his privity And if a standing Army in time of Peace has been ever lookt on by this Nation as an Attempt upon the whole Property of the Nation in gross one must conclude that even this is done without his Majesties knowledge III. His Majesty expresses his Charity for us in a kind wish that we were all Members of the Catholick Church in return to which we offer up daily our most earnest Prayers for him that he may become a Member of the truly Catholick Church for Wishes and Prayers do no hurt on no side but his Majesty adds that it has ever been his Opinion that Conscience ought not to be constrain'd nor people forced in matters of meer Religion We are very happy if this continues to be always his sense but we are sure in this he is no Obedient Member of that which he means by the Catholick Church for it has over and over again decreed the Extirpation of Hereticks It encourages Princes to it by the Offer of the pardon of their Sins it threatens them to it by denouncing to them not only the Judgments of God but that which is more sensible the loss of their Dominions
meet for the meaning of this seems plain that His Majesty is resolved that they shall never meet till he receives such Assurances in a new round of Closetting that he shall be put out of doubt concerning it VII I will not enter into the Dispute concerning Liberty of Conscience and the Reasons that may be offered for it to a Session of Parliament for there is scarce any one point that either with relation to Religion or Politicks affords a greater variety of matter for Reflection and I make no doubt to say that there is abundance of Reason to oblige Parliaments to review all the Penal Laws either with relation to Papists or to Dissenters but I will take the boldness to add one thing that the King 's Suspending of Laws strikes at the root of this whole Government and subverts it quite for if there is any thing certain with relation to English Government it is this that the Executive Power of the Law is entirely in the King and the Law to fortifie him in the Management of it has cloathed him with a vast Prerogative and made it unlawful on any pretence whatsoever to resist him whereas on the other hand the Legislative Power is not so entirely in the King but that the Lords and Commons have such a share in it that no Law can either be made repealed or which is all one suspended but by their consent so that the placing this Legislative Power singly in the King is a subversion of this whole Government since the Essence of all Governments consists in the Subjects of the Legislative Authority Acts of Violence or Injustice committed in the Executive part are such things that all Princes being subject to them the peace of mankind were very ill secured if it were not unlawful to resist upon any pretence taken from any ill Administrations in which as the Law may be doubtful so the Facts may be uncertain and at worst the publick Peace must always be more valued than any private Oppressions or Injuries whatsoever But the total Subversion of a Government being so contrary to the Trust that is given to the Prince who ought to execute it will put men upon uneasie and dangerous Inquiries which will turn little to the Advantage of those who are driving matters to such a doubtful and desperate Issue VIII If there is any thing in which the Exercise of the Legislative Power seems indispensable it is in those Oaths of Allegiance and Tests that are thought necessary to Qualifie men either to be admitted to enjoy the protection of the Law or to bear a share in the Government for in these the Security of the Government is chiefly concerned and therefore the total Extinction of these as it is not only a Suspension of of them but a plain repealing of them so it is a Subverting of the whole Foundation of our Government For the Regulation that King and Parliament had set both for the Subjects having the protection of the State by the Oath of Allegiance and for a share in the places of Trust by the Tests is now pluckt up by the roots when it is declared That these shall not at any time hereafter be required to be taken or subscribed by any persons whatsoever for it is plain that this is no Suspension of the Law but a formal repeal of it in as plain words as can be conceived IX His Majesty says that the Benefit of the Service of all his Subjects is by the Law of Nature inseparably annexed to and inherent in his Sacred Person It is somewhat strange that when so many Laws that we all know are suspended the Law of Nature which is so hard to be found out should be cited but the Penners of this Declaration had best let that Law lie forgotten among the rest and there is a scurvy Paragraph in it concerning self-Preservation that is capable of very unacceptable Glosses It is hard to tell what Section of the Law of Nature has markt either such a Form of Government or such a Family for it And if his Majesty renounces his Pretensions to our Allegiance as founded on the Laws of England and betakes himself to this Law of Nature he will perhaps find the Counsel was a little too rash but to make the most that can be the Law of Nations or Nature does indeed allow the Governours of all Societies a Power to serve themselves of every Member of it in the cases of Extream Danger but no Law of Nature that has been yet heard of will conclude that if by special Laws a sort of men have been disabled from all Imployments that a Prince who at his Coronation Swore to maintain those Laws may at his pleasure extinguish all these Disabilities X. At the end of the Declaration as in a Poscript His Majesty assures his Subjects that he will maintain them in their Properties as well in Church and Abbey Lands as other Lands but the chief of all their Properties being the share that they have by their Representatives in the Legislative Power this Declaration which breaks thro' that is no great Evidence that the rest will be maintained and to speak plainly when a Coronation Oath is so little remembred other Promises must have a proportioned degree of Credit given to them as for the Abbey Lands the keeping them from the Church is according to the Principles of that Religion Sacriledge and that is a mortal Sin and there can no Absolution be given to any who continue in it and so this Promise being an Obligation to maintain men in a mortal Sin is nul and void of it self Church-Lands are also according to the Doctrine of their Canonists so immediately God's Right that the the Pope himself is the only Administrator and Dispencer but is not the master of them he can indeed make a truck for God or let them so low that God shall be an easie Landlord but he cannot alter God's Property nor translate the Right that is in him to Sacrilegious Laymen and Hereticks XI One of the Effects of this Declaration will be the setting on foot a new run of Addresses over the Nation for there is nothing how impudent and base soever of which the abject flattery of a slavish Spirit is not capable It must be confest to the Reproach of the Age that all those strains of flattery among the Romans that Tacitus sets forth with so much just scorn are modest things compared to what this Nation has produced within these seven Years only if our Flattery has come short of the Refinedness of the Romans it has exceeded theirs as much in its loathed Fulsomeness The late King set out a Declaration in which he gave the most solemn Assurances possible of his adhering to the Church of England and to the Religion established by Law and of his Resolution to have frequent Parliaments upon which the whole Nation fell as it were into Raptures of Joy and Flattery but though he lived four
some cases a Promise is in the nature of a Covenant and then between equal parties the breach of it will bear a Suit but where the greatness of the Promiser is very much raised above the Level of equality there is no Forfeiture to be taken It is so far from the party grieved his being able to sue or recover Damages that he will not be allow'd to explain or expostulate and instead of his being relieved against the breach of Promise he will run the hazard of being punished for breach of Good Manners Such a difficulty is putting all or part of the Payment in the Fire where Men must burn their Fingers before they can come at it That cannot properly be called good payment which the party to whom it is due may not receive with ease and safety It was a King's Brother of England who refused to lend the Pope mony for this reason That he would never take the Bond of one upon whom he could not distrain The Argument is still stronger against the validity of a Promise when the Contract is made between a Prince and a Subject The very offering a King's Word in Mortgage is rather a threatning in case of Refusal than an inducing Argument to accept it it is unfair at first and by that giveth greater cause to be cautious especially if a thing of that value and dignity as a King's Word ought to be should be put into the hands of State-brokers to strike up a Bargain with it XXVIII When God Almighty maketh Coveant with Mankind His promise is a sufficient Security notwithstanding his Superiority and his power because first he can neither err nor do injustice It is the only Exception to his Omnipotence that by the Perfection of his being he is incapacitated to do wrong Secondly at the instant of His promise by the extent of his Foresight which cannot fail there is no room left for the possibility of any thing to intervene which might change his mind Lastly he is above the receiving either Benefit or Inconvenience and therefore can have no Interest or Temptation to vary from his Word when once he hath granted it Now though Princes are God's Vicegerents yet their Commission not being soo large as that these Qualifications are devolved to them it is quite another case and since the offering a Security implyeth it to be examined by the party to whom it is proposed it must not be taken ill that Objections are made to it even though the Prince himself should be the immediate Proposer Let a familiar Case be put Suppose a Prince tempted by a Passion to strong for him to resist should descend so as to promise Marriage to one of his Subjects and as Men are naturally in great haste upon such occasions should press to take possession before the necessary Forms could be complyed with would the poor Ladies Scruple be called Criminal for not taking the Security of the Royal Word Or would her Allegiance be tainted by her resisting the sacred Person of her Soveraign because he was impatient of delay Courtesie in this case might perswade her to accept it if she was so disposed but sure the just exercise of Power can never claim it XXIX There is one Case where it is more particularly a Duty to use very great occasion in accepting the security of a Promise and that is when Men are Authorized and trusted by others to act for them This putteth them under much greater restraints than those who are at liberty to treat for themselves It is lawful though it is not prudent for any man make an ill Bargain for himself but it is neither the one nor the other where the party contracting treateth on behalf of another by whom he is intrusted Men who will unwarily accept an ill security if it is for themselves forfeit their own discretion and undergo the Penalty but they are not responsible to any body else They lie under the Mortification and the loss of committing the error by which though they may expose their Judgment to some censure yet their Morality suffers no reproach by it But those who are deputed by others to treat for them upon terms of best advantage though the Considence placed in them should prevent the putting any limits to their power in their Commission yet the Condition implied if not expressed is that the Persons so trusted shall neither make an ill Bargain nor accept a slight Security The Obligation is yet more binding when the Trust is of a Publick Nature The aggravation of disappointing a Body of Men that rely upon them carrieth the Fault as high as it can go and perhaps no Crime of any kind can out do such a deliberate breach of Trust or would more justly make Men forfeit the protection of humane Society XXX I will add one thing more upon this Head which is that it is not always a true Preposition that 't is safe to rely upon a promise if at the time of making it it is the Interest of the Promiser to make it good This though many times it is a good Inducement yet iâ— hath these Exceptions to it First if the proposer hath at other times gone plainly against his Visible Interest the Argument will turn the other way and his former Mistakes are so many Warnings to others not to come within the danger any more let the Inducements to those Mistakes be never so great and generous that does not alter the Nature they are Mistakes still Interest is an uncertain thing It goeth and cometh and varieth according to times and circumstances as good build upon a Quick-sand as upon a presumption that Interest shall not alter Where are the Men so distinguished from the rest of Mankind that it is impossible for them to mistake their Interest Who are they that have such an Exemption from human frailty as that it can never happen to them not to see their Interest for want of Understanding or not to leap over it by excess of Zeal Above all Princes are most liable to mistake not out of any defect in their Nature which might put them under such an unfortunate distinction quite contrary the blood they derive from great and wise Ancestors does rather distingush them on the better side besides that their great Character and Office of Governing giveth a noble Exercise to their Reason which can very hardly fail to raise and improve it But there is one Circumstance annexed to their Glorious Calling which in this Respect is sufficient to outweigh all those Advantages it is that Mankind divided in most things else agree in this to conspire in their Endeavours to deceive and mislead them which maketh it above the Power of human Understanding to be so exactly guarded as never to admit a Surprize and the highest Applause that could ever yet be given to the greatest Men that ever wore a Crown is that they were no oftner deceived Thus I have ventured to lay down my Thoughts of
so I desire to know why I may not read an Homily for Transubstantiation or Invocation of Saints or the Worship of Images if the King sends me such good Catholick Homilies and commands me to read them And thus we may instruct our People in all the Points of Popery and recommend it to them with all the Sophistry and Artificial Infintrations in Obedience to the King with a very good Conscience because without our Consent If it be said this would be a Contradiction to the Doctrine of our Church by Law established so I take the Declaration to be And if we may read the Declaration contrary to Law because it does not imply our Consent to it so we may Popish Homilies for the bare Reading them will not imply our Consent no more than the Reading the Declaration does But whether I consent to the Doctrine or no it is certain I consent to teach my People this Doctrine and it is to be considered whether an honest Man cand do this Thirdly I suppose no Man will doubt but the King intends that our Reading the Declaration should signifie to the Nation our Consent and Approbation of it for the Declaration does not want Publishing for it is sufficiently known already but our Reading it in our Churches must serve instead of Addresses of Thanks which the Clergy generally refused though it was only to Thank the King for his Gracious Promises renewed to the Church of England in His Declaration which was much more innocent than to publish the Declaration it self in our Churches This would perswade one that the King thinks our Reading the Declaration to signifie our Consent and that the People will think it to be so And he that can satisfie his 〈◊〉 to do an Action without Consent which the Nature of the Thing the Design and intention of the Command and the Sense of the People expound to be a Consent may I think as well satisfie himself with Equivocations and mental Reservations There are two things to be answered to this which must be considered 1. That the People understand our Minds and see that this is Matter of Force upon us and meer Obedience to the King To which I answer 1. Possibly the People do understand that the Matter of the Declaration is against our Principles But is this any Excuse that we read that and by Reading recommend that to them which is against our own Consciences and Judgments Reading the Declaration would be no Fault at all but our Duty whâ—â— the King commands it did we approve of the Matter of it but to consent to teach our People such Doctrines as we think contrary to the Laws of God or the Laws of the Land does not lessen but aggravate the Fault and the People must be very good natured to think this an Excuse 2. It is not likely that all the People will be of a Mind in this Matter some may excuse it others and those it may be the most the best and the wifest Men will condemn us for it and then how shall we justifie our selves against their Censures when the World will be divided in their Opinions the plain way is certainly the best to do what we can justifie our selves and then let Men judge as they please No Men in England will be pleased with our Reading the Declaration but those who hope to make great Advantage of it against us and against our Church and Religion others will severely condemn us for it and censure us as false to our Religion and as Betrayers both of Church and State and besides that it does not become a Minister of Religion to do any thing which in the Opinion of the most charitable Men can only be excused for what needs an Excuse is either a Fault or looks very like one besides this I say I will not trust Mens Charity those who have suffered themselves in this Cause will not excuse us for fear of suffering those who are inclined to excuse us now will not do so when they consider the thing better and come to feel the ill Consequences of it when our Enemies open their Eyes and tell them what our Reading the Declaration signified which they will then tell us we ought to have seen before though they were not bound to see it for we are to guide and instruct them not they us II. Others therefore think that when we read the Declaration we should publickly profess that it is not our own Judgment but that we only Read it in Obedience to the King and then our Reading it cannot imply our Consent to it Now this is only Protestatio contra sactum which all People will laugh at and scorn us for for such a solemn Reading it in time of Divine Service when all Men ought to be most grave and serious and far from dissembling with God or Men does in the Nature of the thing imply our Approbation and should we declare the contrary when we read it what shall we say to those who ask uâ— why then do you read it But let those who have a mind to try this way which for my part I take to be a greater and more unjustifiable Provocation of the King than not to read it and I suppose those who do not read it will be thought plainer and honester Men and will 〈◊〉 as well as those who read it and protest against it and yet nothing less than an express Protestation against it will salve this Matter for only to say they read it meerly in Obedience to the King does not express their Dissent It signifies indeed that they would not have read it if the King had not commanded it but these Words do not signifie that they disapprove of the Declaration when their Reading it though only in Obedience to the King signifies their Approbation of it as much as Actions can signifie a Consent let us call to mind how it fared with those in King Charles the First 's Reign who read the Book of Sports as it was called and then preached against it To return then to our Arguments if Reading the Declaration in our Churches be in the Nature of the Action in the Intention of the Command in the Opinion of the People an interpretative Consent to it I think my self bound in Conscience not to read it because I am bound in Conscience not to approve it It is against the Constitution of the Church of England which is established by Law and to which I have subscribed and therefore am bound in Conscience to Teach nothing contrary to it while this Obligation lasts It is to teach an unlimitâ—d and universal Toleration which the Parliament in 72. Declared illegal and which has been condemned by the Christian Church in all Ages It is to teach my People that they need never come to Church more but have my free Leave as they have the King 's to go to a Conventicle or Mass It is to teach the Dispencing Power which alters what
has been formerly thought the whole Constitution of this Church and Kingdom which we dare not do till we have the Authority of Parliament for it It is to recommend to our People the Choice of such Persons to sit in Parliament as shall take away the Test and Penal Laws which most of the Nobility and Gentry of the Nation have declared their Judgment against It is to condemn all those great and worthy Patriots of their Country who forfeited the dearest thing in the World to them next a good Conscience viz. The Favour of their Prince and a great many honorable and profitable Employments with it rather than consent to that Proposal of taking away the Test and Penal Paws which they apprehend destructive to the Church of England and the Protestant Religion and he who can in Conscience do all this I think need scruple nothing For let us consider further what the Effects and Consequences of our Reading the Declaration are likely to be and I think they are Matter of Conscience too when they are evident and apparent This will certainly render our Persons and Ministry infinitely contemptible which is against that Apostolical Canon Let no Man despise thee Titus 2.15 That is so to behave himself in his Ministereal Office as not to fall under Contempt and therefore this obliges the Conscience not to make our selves ridiculous nor to render our Ministry our Counsels Exhortations Preaching Writing of no Effect which is a thousand times worse than being silenced Our Sufferings will preach more effectually to the People when we cannot speak to them but he who for Fear or Cowardise or the Love of this World betrays his Church and Religion by undue Compliances and will certainly be thought to do so may continue to Preach but to no purpose and when we have rendred our selves ridiculous and contemptible we shall then quickly fall and fall unpitied There is nothing will so effectually tend to the final Ruine of the Church of England because our Reading the Declaration will discourage or provoke or misguide all the Friends the Church of England has can we blame any Man for not preserving the Laws and the Religion of our Church and Nation when we our selves will venture nothing for it Can we blame any Man for consenting to Repeal the Test and Penal Laws when we recommend it to them by Reading the Declaration Have we not reason to expect that the Nobility and Gentry who have already suffered in this Cause when they hear themselves condemned for it in all the Churches of England will think it time to mend such a Fault and reconcile themselves to their Prince and if our Church fall this way is there any reason to expect that it should ever rise again These Consequences are almost as evident as Demonstrations and let it be what it will in it self which I foresee will destroy the Church of England and the Protestant Religion and Interest I think I ought to make as much Conscience of doing it as of doing the most immortal Action in Nature To say that these mischievous Consequences are not absolutely necessary and therefore do not affect the Conscience because we are not certain they will follow is a very mean Objection Moral Actions indeed have not such necessary Consequences as natural Causes have necessary Effects because no moral Causes act necessarily Reading the Declaration will not as necessarily destroy the Church of England as Fire burns Wood but if the Consequence be plain and evident the most likely thing that can happen if it be unreasonable to expect any other if it be what is plainly intended and designed either I must never have any regard to Moral Consequences of my Actions or if ever they are to be considered they are in this case Why are the Nobility and Gentry so extreamly averse to the Repeal of the Test and Penal Laws Why do they forfeit the King's Favour and their Honourable Stations rather than comply with it If you say that this tends to destroy the Church of England and the Protestant Religion I ask whether this be the necessary consequence of it whether the King cannot keep his promise to the Church of England if the Test and Penal Laws be Repealed We cannot say but this may be And yet the Nation does not think fit to try it and we commend those great men who deny it and if the same questions were put to us we think we ought in Conscience to deny them our selves And are there not as high probabilities that our Reading the Declaration will promote the Repeal of the Test and Penal Laws as that such a Repeal will ruine our Constitution and bring in Popery upon us Is it not as probable that such a complyance in us will disoblige all the Nobility and Gentry who have hitherto been firm to us as that when the power of the Nation is put into Popish Hands by the Repeal of such Tests and Laws the Priests and Jesuirs may find some salvo for the King's Conscience and perswade him to forget his Promise to the Church of England and if the probable ill consequences of Repealing the Test and Penal Laws be a good reason not to comply with it I cannot see but that the as probable ill consequences of Reading the Declaration is as good a reason not to read it The most material Objection is that the Dissenters whom we ought not to provoke will expound our not Reading it to be the effect of a persecuting Spirit Now I wonder Men should lay any weight on this who will not allow the most probable consequences of our Actions to have any influence upon Conscience For if we must compare consequences to disoblige all the Nobility and Gentry by reading it is likely to be much more fatal than to anger the Diffenters and it is more likely and there is much more reason for it that one should be offended than the other For the Dissenters who are wise and considering are sensible of the snare themselves and though they desire Ease and Liberty they are not willing to have it with such apparent hazard of Church and State I am sure that tho' we were never so desirous that they might have their Liberty and when there is opportunity of shewing our inclinations without danger they may find that we are nations without danger they may find that we are not such Persecutors as we are represented yet we cannot consent that they should have it this way which they will find the dearest Liberty that ever was granted This Sir is our Case in short the Difficulties are great on both sides and therefore now if ever we ought to besiege Heaven with our Prayers for Wisdom and Counsel and Courage that God would protect his Church and Reformed Christianity against all the devices of their Enemies Which is the daily and hearty Prayer of SIR Your Friend and Brother May 22. 1â—88 POSTSCRIPT I Have just now seen H. Care 's Paper
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 Dubâ—â— 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 Reâ—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 â—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 16â—â— and he will find them intended against Sedâ—â—ous Conventicles That is they wâ—â—â— made them were perswâ—dâ—d by the Jâ—suâ— Iâ—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 Nâ—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 casâ—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 Seditiâ—â—â— 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
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 Fâ—â—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 Succâ—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
then first of all assure you very positively that their Highnesses have often declared as they did it more particularly to the Marquiss of Albeville His Majesties Envoy Extraordinary to the States that it is Their Opinion That no Christian ought to be persecuted for his conscience or be ill used because he differs from the publick and Established Religion And therefore They can consent that the Papists in England Scotland and Ireland be suffered to continue in their Religion with as much Liberty as is allowed them by the States in these Provinces in which it cannot be denied that they enjoy a full Liberty of conscience And as for the Dissenters Their Highnesses do not only consent but do heartily approve of their having an entire Liberty for the full exercise of their Religion without any trouble or hindrance so that none may be able to give them the least disturbance upon that account And their Highnesses are very ready in case his Majesty shall think fit to desire it to declare their willingness to concur in the setling and confirming this Liberty and as far as it lies in them they will protect and defend it and according to the Language of Treaties They will confirm it with their Guaranty of which you made mention in yours And if his Majesty shall think fit further to desire their concurrence in the repealing of the Penal Laws they are ready to give it provided always that those Laws remain still in their full vigour by which the Roman Catholicks are shut out of both Houses of Parliament and out of all publick Employments Ecclesiastical Civil and Military As likewise all those other Laws which confirm the Protestant Religion and which secures it against all the attempts of the Roman Catholicks But their Highnesses cannot agree to the repeal of the Test or of those other Penal Laws last mentioned that tend to the security of the Protestant Religion since the Roman Catholicks receive no other prejudice from these then the being excluded from Parliaments or from publick Employments And that by them the Protestant Religion is covered from all the Designs of the Roman Catholicks against it or against the publick safety and neither the Test nor these other Laws can be said to carry in them any severity against the Roman Catholicks upon account of their Consciences They are only provisions qualifying men to be Members of Parliament or to be capable of bearing Office by which they must declare before God and Men that they are for the Protestant Religion So that indeed all this amounts to no more than a securing the Protestant Religion from any prejudices that it may receive from the Roman Catholicks Their Highnesses have thought and do still think that more than this ought not to be ask'd or expected from them since by this means the Roman Catholicks and their posterity will be for ever secured from all trouble in their Persons or Estates or in the Exercise of their Religion and that the Roman Catholicks ought to be satisfied with this and not to disquiet the Kingdom because they cannot be admitted to sit in Parliament or to be in Employments or because those Laws in which the Security of the Protestant Religion does chiefly consist are not repealed by which they may be put in a condition to overturn it Their Highnesses do also believe that the Dissenters will be fully satisfied when they shall be for ever covered from all danger of being disturbed or punished for the free Exercise of their Religion upon any sort of pretence whatsoever Their Highnesses having declared themselves so positively in these matters it seems very plain to me that They are far from being any hindrance to the Freeing Dissenters from the Severity of Penal Laws since they are ready to use their utmost endeavours for the Establishing of it Nor do They at all press the denying to the Roman Catholicks the Exercise of their Religion provided it be managed modestly and without Pomp or Ostentation As for my own part I ever was and still am very much against all those who would persecute any Christian because he differs from the publick and established Religion And I hope by the Grace of God to continue still in the same mind for since that Light with which Religion illuminates our minds is according to my sense of things purely an effect of the Mercy of God to us we ought then as I think to render to God all possible Thanks for his Goodness to us and to have pity for those who are still shut up in Error even as God has pitied us and to put up most earnest prayers to God for bringing those into the way of Truth who stray from it and to use all gentle and friendly methods for reducing them to it But I confess I could never comprehend how any that profess themselves Christians and that may enjoy their Religion freely and without any disturbance can judge it lawful for them to go about to disturb the Quiet of any Kingdom or State or to overturn Constitutions that so they themselves may be admitted to Employments and that those Laws in which the Security and Quiet of the established Religion consists should be shaken It is plain that the Reformed Religion is by the Grace of God and by the Laws of the Land enacted both by King and Parliament the publick and established Religion both in England Scotland and Ireland and that it is provided by those Laws that none can be admitted either to a place in Parliament or to any publick Employment except those that do openly declare that they are of the Protestant Religion and not Roman Catholicks and it is also provided by those Laws that the Protestant Religion shall be in all time coming secured from the Designs of the Roman Catholicks against it In all which I do not see that these Laws contain any Severity either against the Persons or Estates of those who cannot take those Tests that are contrary to the Roman Catholick Religion all the inconveniences that can redound to them from thence is that their Persons their Estates and even the Exercise of their Religion being assured to them only they can have no share in the Government nor in Offices of Trust as long as their Consciences do not allow them to take these Tests and they are not suffered to do any thing that is to the prejudice of the Reformed Religion Since as I have already told you Their Highnesses are ready to concur with his Majesty for the Repeal of those Penal Laws by which Men are made liable to fines or other Punishments So I see there remains no difficulty concerning the Repealing the Penal Laws but only this that some would have the Roman Catholicks render'd capable of all publick Trusts and Employments and that by consequence all those should be repealed that have secured the Protestant Religion against the designs of the Roman Catholicks where others at the same time are not less
of so great an indiscretion or rather Imposture as to write such a Letter of his own Head The Letter it self Demonstrates that whoever writ it is no Fool and the Circumstances I have marked show that he is no Knave And indeed the Substance of it is not new it only repeats to his Majesty the same Answer which the Prince and Princess had formerly given to his Majesties Envoy there In short you may leave the whole Matter to this plain Issue If this Letter be a false one it will be disowned if a true one it will be owned Their Highnesses love not to do things that will not bear the Light It is evident they did not intend the Matter of it should be a Secret having told it to Monsieur D' Albeville as often as he in his discreet VVay necessitated them to do it But how it came to be printed I cannot inform you justly however you shall have my Conjecture I remember as soon as it was noised about Town that Mr. Stewart had received a Letter of such a Nature from Monsieur Fagle care was taken that the VVriter of the common News Letters which are dispersed over the Kingdom should insert in them that their Highnesses had declared themselves for the Repeal of the Test This Pia Fraus might I suppose give occasion to the printing of the Letter as the VVisdom and Policy of our States-men in putting Mr. Stewart on writting such Letters had procured 〈◊〉 I say Letters for Monsieur Fagel had five or six on that Subject before he answered so unwilling were they in Holland to return an Answer since they could not give one that was pleasing or do any thing that looked like medling The third thing you desired to be satisfied in is Whether the Dissenters may reâ—y on their Highnesses Word I am as apt to mistrust Princes Promises as you are But shall now give you my Reasons why I think the Dissenters may safely do it And at the same time because of the Affinity of the Matter I will tell you why I think we may all rely on their Highness for our Civil Liberties as well as the Dissenters may do for Liberty of Conscience Much of what I have to say is equally applicable to them both yet because I know you have had an Account of Her Royal Highness better than I can give you I shall for the most part speak only of the Prince My first Reason is the certainest of all Reasons That it will be His Highnesses Interest to settle Matters at Home which only can be done by a Legal Tolleration or Comprehension in Matters of Religion and by restoring the Civil Liberties of the Nation so much invaded of late That this will be his Interest is evident if his Designs lye abroad as it 's certain they do Designs at home and abroad at the same time are so inconsistent that we see his Majesty tho raised above his Fears at home by his late Victory and invited abroad by all that can excite his Appetite for Glory cannot reconcile them The Truth is one that would undertake it is in the same Condition with Officers that beat their Men to make them fight they have Enemies before and behind But you may happily object that Princes do not always follow their true Interests of which it is not difficult in this Age to give several fatal Instances I answer That it is to be presumed that Princes as well as other Men will follow their Interests till the contrary appear and if they be of an Age to have taken their Fold and have till such an Age kept firm to their Interests the Presumption grows strong but if their Inclinations the Maxims of their Families the Impressions of their Education and all their other Circumstances to side with their Interest and lead them the same way it is hardly credible they should ever quit it Now this being the present Case we have all the certainty that can be had in such Matters The Prince of Orange has above these 15 years given so great proof of his Firmness and Resolution as well as of his Capacity and Conduct in opposing the Grand Ravisher I may add the Betrayers too of Liberty and Religion that he is deservedly by all impartial Men owned to be the Head of the Protestant Interest A Headship which no Princes but the Kings of England should have and none but they would be without it Now one may rationally conclude That when the Prince shall joyn to his present Possession of this Headship a more natural Title by being in a greater Capacity to act he will not degrade himself nor lay aside Designs and Interests which ought to be the Glory of England as they are indeed the Glory of his Family acquired and derived to him by the Blood of his Ancestors and carried on and maintained by himself with so much Honour and Reputation I might add here That the Prince is a Man of a sedate even Temper full of Thoughts and Reflections one that precipitates neither in Thinking Speaking nor Acting is cautious in resolving and promising but firm to his Resolutions and exact in observing his Word Inform your self and you 'll find this a part of his Character and conclude from hence what may be presumed from his Inclinations Now as to the Maxims of his Family let us compare them a little where it may be decently done The French King broke his Faith to his Protestant Subjects upon this single Point of Vain glory that he might shew the World he was greater than most of his Predecessors who tho they had the same Inclinations were not potent enough to pursue them effectually as he has done to the everlasting Infamy of his Name and Reign The Maxims of the French Kings have been how to outvie each other in Robbing their Neighbours and Oppressing their Subjects by Perfidiousness and Cruelty But those of the Family of Orange on the contrary have been to Rescue Europe from its Oppressors and maintain the Protestant Interest by Vertue Truth Honour and Resolution knowing that such Methods are as necessary to make Protestant Princes and States flourish as Vice and Oppression are to maintain Popish Government No Popish Prince in Europe can pretend to have kept his Word to his Protestant Subjects as the Princes of Orange have always done to their Popish Subjects at Orange and elsewhere and the Papists have often broke their Word to that Family and have been and are its declared Enemies and tho the Princes two Great Grand-Fathers Admiral Coligny and Prince William were assassinated by the Authority and with the Approbation of that whole Party yet it cannot be made appear that ever the Princes of that Family failed in keeping their Word even to such Enemies or used their own Popish Subjects the worse for it in making distinction between them and their other Subjects or influenced the States to use theirs so I say the States who a low their R.
C. Subjects all the Priviledges of their other Subjects only they are kept by a Test from having any share in the Government which is truly a Kindness done them considering that ill-natured humour of destroying all those that differ from them which is apt to break out when that Religion is in Power Now the 〈◊〉 of England may justly expect all sort of Protection and Countenance from the Succeâ—â—â—◠〈…〉 it's their Turn to give it they have a legal Right to it and impartial Dissenters 〈…〉 â—â—â—ledge that of late they have deserved it But as 〈…〉 Protestant Dissenters I think no honest Man amongst them will apprehend that their 〈…〉 who keep their Word to their Popish Enemies will break it to Protestant Subject◠〈…〉 from the publick Establishment The next thing I am to make good is That his Highnesses Education must have infused such Principles as side with his Interest There must be a fatal Infection in the English Crown if Matters miscarry in his Highnesses Hands his Veins are full of the best Protestant Blood in the VVorld The Reformation in France grew up under the Conduct and Influence of Coligni Prince William founded the Governmtnt of the United Netherlands on the Basis of Property and Liberty of Conscience his Highness was bred and lives in that State which subsists and flourishes by adhering steadily to the Maxims of its Founder He himself both in his publick and private Concerns as well in the Government of his Family and of such Principalities as belong to him as in that of the Army and in the Dispensing of that great Power which the States have given him has as great regard to Justice Vertue and true Religion as may compleat the Character of a Prince qualified to make those he governs happy It does not indeed appear that their Highnesses have any share of that devouring Zeal which hath so long set the VVorld on Fire and tempted thinking Men to have a Notion of Religion it self like that we have of the ancient Paradice as if it had never been more than an interced Blessing but all who have the Honour to know their Highnesses and their Inclinations in Matters of Religion are fully satisfied they have a truly Christian Zeal and as much as is consistent with Knowledge and Charity As to his Highnesses Circumstances they will be such when his Stars make way for him as may convince our Scepticks that certain persons times and things are prepared for one another I know not why we may not hope that as his Predecessors broke the York of the House of Austria from off the Neck of Europe The Honour of breaking that of the House of Bourbon is reserved for him I am confident the Nation will heartily joyn with him in his just Resentments Resentments which they have with so much Impatience long'd to find and have missâ—d with the greatest Indignation in the Hearts of their Monarchs His Highness has at present a greater Influence on the Councils of the most part of the Princes of Christendom than possibly any King of England ever had And this acquired 〈…〉 weight of his own personal Merit which will no doubt grow up to a glorious Authority when it is cloathed with Sovereign Power May I here mention to lay the Jealousies of the most unreasonable of your Friends that his Highness will have only a borrowed Title which we may suppose will make him more cautious in having Designs at Home and his wanting Children to our great Misfortune will make him less solicitous to have such Designs But after all it must be acknowledged that in Matters of this Nature the Premises may seem very strong and yet the Conclusion not follow Humane Infirmities are great Temptations to Arbitrariness are strong and often both the Spirit and Flesh weak Such fatal Mistakes have been made of late that the Successors themselves may justly pardon Mens jealousies A VVidow that has had a bad Husband will cry on her VVedding-day though she would be married with all her Heart But I am confident you will grant to me that in the Case of the present Successors the Possibilities are as remote and the Jealousies as ill grounded and that there is as much to ballance them as ever there was to be found in the prospect of any Successors to the Crown of England Now may I add To conclude the Reasons that I have given you why we may depend on their Highnesses that I know considerable Men who after great Enquiry and Observation do hope that their Highnesses being every way so well qualified for such an end are predestinated if I may speak so to make us happy in putting an end to our Differences and in fixing the Prerogative and in recovering the Glory of the Nation which is so much sunk and which now when we were big with Expectations we find sacrificed to unhappy partialities in matters of Religion The last thing you desire to know is What Effect this Letter has had But it is not yet old enough for me to judge of that I can better tell you what Effects it ought to have I find the moderate wise Men of all Perswasions are much pleased with it I know Roman Catholiks that wish to God Matters were setled on the Model given in it they see the great Difficulty of getting the Test Repealed And withal they doubt whether it is their Interest that it should be repealed or not They fear needy violent Men might get into Employments who would put his Majesty on doing things that might ruine them and their posterity They are certainly in the right of it It is good to provide for the worst A Revolution will come with a VVitness and its like it may come before the Prince of Wales be of Age to manage an unruly Spirit that I fear will accompany it Humane Nature can hardly digest what it is already necessitated to swallow such provocations even alters mens Judgments I find that Men who otherways hate severity begin to be of Opinion that Queen Elizabeths Lenity to the R. C's proves now Cruelty to the Protestants The whole Body of Protestants in the Nation was lately afraid of a Popish Successor and when they reflected on Queen Maries Reign thought we had already sufficient Experience of the Spirit of that Religion and took Self preservation to be a good Argument for preventing a second Tryal But now a handful of Roman Catholicks perhaps reflecting on Queen Elizabeths Reign are not it seems afraid of Protestant Successors But if some Protestants at that time from an Aversion to the Remedy hop'd that the Disease was not so dangerous as it proves I am confident at present all Protestants are agreed that henceforward the Nation must be saved not by Faith And therefore I would advise the R. C's to consider that Protestants are still Men that late Experiences at home and the Cruelties of Popish Princes abroad has given us a very terrible Idea of their Religion That
from the publick and established Religion As to the first it is sufficiently known that according to the judgment of the Church of Rome we are Hereticks and that Heresie being Crimen laesae Majestatis Divinae we are therefore the worst of Traitors and liable to the Penalties of the greatest High Treason And thereupon we are not only declared to be infamous and sentenced to be deprived of all Honor and Dignity and to be incapable of all Offices and have our Estates confiscated and seised but we are condemned to be burnt and if that cannot conveniently be effected it is both made lawful and meritorious to extirpate us by War or Massacre as shall be best and most safe for the Church of Rome In order whereunto not only all Laws made for our Security are declared to be null and that no promises made unto us ought to be kept but all Princes that neglect to destory and extirpate us are proclaimed to be deposed And sutable hereunto has their carriage been for many ages to such as differ from them in Articles of Faith and will not joyn in their Superstitions and Idolatries In proof where of I neither need to insist upon the infinite Murders committed by the Inquisition the most Devilish Engine of Cruelty that ever the World was acquainted with nor to reflect so far backward as the Parisian and Irish Massacres or the infinite Slaughters perpetrated heretofore in France Germany and the Low Countreys c. seeing we have such fresh and doleful evidences of the mercy and gentleness of the Papal Church in the ungrateful inhumane perjurious and salvage persecutions executed so lately in France and Piedmont If it be the effect of Royal and Paternal affection in the King of England to his Subjects that all he endeavoureth is to treat them as becomes a common Father without making any distinction between one and another as our Author is pleased to call it in his Testimony concerning him what cruel Parents must many Princes of the Roman Communion be who act with that difference towards their people that while they cherish and embrace some they tear out the Bowels and suck the blood of others And if no Society destitute of such tender and Christian affections can merit the name of a Church we hence learn where to fasten the character of being the Mother of Harlots In that we not only know whose Doctrine it is that whom She cannot convert She ought to destroy but that we have observed her to have been in all Ages drunk with the Blood of Saints All the commendations our Author bestows upon the King of England are not only either so many accusations of His Majesties insincerity in the Papal Faith or infallible indications that both the King pardon the expression and his Minister are Hypocritical Dissemblers but they are stabbing and twinging Satyr's against Mother Church and the Holy Father and against his Brittanick Majesties dear Brother and Ally the French King Nor can we be guilty either of Crime or Indecency in the worst we can say of the Church of Rome and the Most Christian King seeing we have in equivalent Terms a President for it both from so good a Catholick and so wise a Minister of a great Monarch as our honourable Author is And tho I begin to grow weary of conversing with so impertinent a man yet I am bound to wait upon him a little longer and while the Reader can reap no advantage by any thing he says to see whether it be not possible to lay hold of an occasion from his Ignorance and Folly to communicate things that may be more solid and instructive The sixth thing therefore whereof I accused him and for which I promised to call him to an account is his egregious ignorance in relation to Government Laws Customs and matters of Fact Mijn Heer Fagel tells us that the Test Laws being enacted by King and Parliament for the Security of the Reformed Religion and the Roman Catholicks receiving no prejudice by them but being meerly restrained from getting into a condition to subvert it therefore Their Highnesses could not consent to their Repeal And he further adds that there is no Kingdom Common-wealth or any constituted Body and Society in which there are not Laws made for the safety thereof which not only provide against all attempts that may disturb their peace but which prescribe such conditions as they judge necessary for the discerning who are qualified to bear Employments To which he again subjoins that there is a great difference between the conduct of these of the Reformed Religion towards Roman Catholicks which is moderate and only to prevent their getting into a capacity to do hurt and that of those of the Roman Catholick Religion towards the Reformed who not being satisfied to exclude them from places of Trust do both suppress the whole Exercise of their Religion and severely persecute all that profess it And he finally adds that both Reason and the Experience of the present as well as past Ages do shew that it is impossible for Roman Catholicks and those of the Reformed Religion when joyned together in places of Trust and publick Employment to maintain a good Correspondence live in mutual peace and to discharge their Offices quietly and to the publick Good Now from these several passages which carry their own evidence along with them our Author takes occasion both to vent his foolish and ridiculous Politicks and to proclaim his ignorance in History and of the most obvious matters of Fact However we shall have the patience to hearken to what he hath been pleased to say and shall examine it piece by piece as we go along And the first thing he does is to acquaint us with a mighty Mystery of State and which none but so great a Minister could have been able to have revealed namely that tho the King and Parliament upon the first Revolution with respect to Religion and the introducing and setting up the Reformed Religion thought fit to make those Laws which they judged necessary for its preservation yet that it does not follow that his present Majesty and a Parliament would be of the same mind but that they might enact Laws of a differing Nature from the former and re-establish Religion into the same State in which it was before the Reformed Doctrine and Worship was set up We are much obliged to our Author for this discovery though I must add that this it is to trust a Fool with secrets for he will be sure to be blabbing For tho he subjoin that he will not say that matters would be pushed so far yet he hath already told us enough to make us understand both what his own hopes are and what is designed by the Papal party if they could compass a Parliament of a Complexion and Temper to their mind But there are two fatal things which lye in their way One is that neither progressing nor closeting bribing nor threatning can
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
some of the material Doctrines of the Roman Church may notwithstanding the Charity which we retain towards the Bulk of them make us justly apprehensive that one or more of their Leaders are intirely in the Interest of the Church of Rome For as the Popish Emissaries know how to put themselves into all shapes for the increasing and heightning divisions among Protestants and for the exposing as well as supplanting of our Religion so the design promoted in the foresaid Papers of destroying all the Legal Fences against Popery and of letting the Papists into the Legislative and whole Executive Power of the Government gives the World too much ground to suspect out of whose mint and forge writings of this stamp and mettle do proceed Secondly It should not a little contribute to augment our Jealousie that they who without being false to their Religious Tenets cannot joyn to assist Protestants in case the Papists should attempt to cut our Throats or endeavour to impose their Religion upon the Nation by Military force should of all men study to overthrow that Security which we have by the Test Laws whose whole tendency is onely to prevent the Papists from getting into a condition to extirpate our Religion and destroy us Is it not enough that they have rob'd the Kingdom of the Aid of so many as they have leavened with their Doctrine in case the King upon despairing to establish Popery by a Parliament should imploy his Janizaries to compel us to receive it and should set upon the converting Protestants in England in the way that the French Monarch hath converted the Huguenots but that over and above this they should be doing all they can to deprive us of all the Legal Security whereby we may be preserved from the Power of the Papists Surely 'twere not Charity and good Nature but stupidity and folly not to suspect the tendency of such a design when we find it pursued and carried on by a person that stiles himself a Quaker But then when besides this we find that 't is Mr. William Pen who is the Author of those Papers and the great Instrument in advancing this projection we have the more cause to suspect some sinistrous thing at the bottom of it For first he is under those Obligations to His Majesty which as they may put a biass upon his Understanding so they afford ground enough to Protestants to look upon him no otherways than as one Retained against them 'T was through his present Majesties Intercession with the late King that he obtained the Proprietorship of Pensilvania and from his Bounty that he had the Propriety of Three whole Counties bordering upon it superadded thereunto And as this cannot be but a strong Obligation upon so grateful a person as Mr. Pen why he should effectually serve the King and make his Will in a very great degree the measure of his actings so it ought to be an Inducement to others to be the more jealous of all he say's and not to surrender themselves too easily either to his Magisterial Dictates upon the one hand or to his smooth Flatteries upon the other He must have either laid a mighty merit upon the two Royal Brothers of both whose Religion we are at last convinced or he must have come under Obligations of doing them very considerable service in reference to that which they were most fond of compassing otherways we have little cause to think that he would have been singled out from all the rest of the Kingdom to be made the object of so special favour and of so eminent liberality For though there might be a debt owing to his Father Sir William Pen yet they must be extreamly weak who conceive there was no other motive to the forementioned Donation save Honour and Justice in the two Royal Brothers for having it discharged Seeing many of the noblest Families in England who had spent their Blood and wasted their Estates in fighting for the Crown while Sir William Pen was all along ingaged against it were not only left without all kind of Compensation for what they had eminently acted and as eminently suffered in behalf of the Monarchy but could never get to be reimbursed one farthing of the vast Sums which they had lent the late King and his Father upon the security of the Royal Faith Secondly Mr. Pen hath too far detected himself in these very Discourses not to give us ground to suspect what they are calculated for and whereunto they are subservient For besides his justifying the King's turning so many Gentlemen of the Church of England out of all Office and Imploy by saying they are not fit to be trusted who are out of the King's Interest he further tells us that the King being mortal it is not good sense that he should leave the power in those hands that to his face shew their aversion to the Friends of his Communion Letter first For as this implies no less than that they ought to have the whole Legal and Military Power of the three Kingdoms put into their hands that they may be in a condition to preclude the right Heir from Succession to the Crown or prescribe such Laws to her as they please in case they should think fit to admit her so a very small measure of Understanding will serve to instruct us what the Papists esteem to be an aversion to them and in what manner had they the power in their hands they think themselves obliged to treat us upon that account And as we have had occasion to know too much of his Majesties Temper and Design as well as to whose Guidance he hath implicitely resigned himself not to be sensible what he esteems his Interest so we need no other evidence what it amounts unto to be in it than the seeing so many displaced from all share in the administration whose Quality gives them a Right and their Abilities a fitness for the chiefest and most honourable Trusts and whom as the King by reason of their services to himself as well as the Crown cannot lay aside without the highest ingratitude so their known Loyalty to his person and zeal for the grandure of the Monarchy is such that nothing could take them off from concurring in his Councils and promoting his Designs but the conviction they are under of their tendency to the subversion of Religion and the altering of the Legal Government And as we have reason to suspect what the foresaid Papers are intended to promote both upon the account of the Author's being Quaker and because not onely of the many Obligations he is under to His Majesty but his being so intirely in his Interest as appears by his influence into Councils the great stroke he hath in all Affairs and from his being one of the King 's principal Confidents so upon looking into those Discourses we find several things obtruded on us for truth and proposed in order to wheedle and insnare us into an abrogation of the Laws
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
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
could they once get to have a share in the Legislation and to be legally stated in all places of Trust and Power What need we had of a legal security for our Religion in case of a Papists coming to inherit the Crown not onely the late King who thorowly knew his Brothers temper and bigottry but those Loyal Zealots who with an unhappy vigour opposed the Bill of Exclusion were sensible of and therefore besides all the security which we have for our Religion by the Statutes in force they offered many other provisions for its protection and several of them very threatning to the Monarchy which we might have had established into Laws if through our pursuit of the point of Exclusion we had not been so improvident as to despise and reject them He that dares attempt so much as he hath done in opposition unto and defiance of all our Laws what will he not have the confidence to undertake and be in a condition to accomplish if these obstructions were out of his way The Penal Laws cannot prejudice the Papists in this King's Reign seeing he can connive at the non-execution of them and the Repeal of them now cannot benefit the Papists when he is gone because if they do not behave themselves modestly we can either re-establish them or enact others which they will be as little fond of But their abrogation at this time would infallibly prejudice us and would prove to be the pulling up of the Sluces and the throwing down the Dikes which stem the deluge that is breaking in upon us and which hinder the threatning waves from overflowing us And whereas Mr. Pen would obtrude upon weak and credulous Men That if these Laws were Repealed the King is willing to give us other for our security and that he would onely exchange the security and not destroy it Letter 2d p. 11. he must pardon us if we do not easily believe him after what we know of his Majesties natural Genius and Religious Bigottry and after what we have seen and experienced in the whole course of his Government And if there be no other way of giving the King an opportunity of Keeping his word with the Church of England in preserving her and maintaining our Religion but the Repealing of the Penal and Tests Laws as he intimates unto us Good Adv. p. 50. we have not found the Royal Faith so sacred and inviolable in other instances as to rob our selves of a Legal defence and protection for to depend upon the precarious one of a bare promise which his Ghostly Fathers whensoever they find it convenient will tell him it was unlawful to make and which he can have a Dispensation for the breaking of at what time he pleaseth Nor do we remember that when he pledged his Faith unto us in so many Promises that the parting with our Laws was declared to be the condition upon which he made and undertook to perform them Neither can any have the confidence to alledge it without having recourse to the Papal Doctrine of Mental Reservation Which being one of the Principles of that Order under whose conduct he is makes us justly afraid to rely upon his word without further Security However we do hereby see with what little sincerity Mr. Pen Writes and what small regard he hath to His Majesty's honour when he tells the Church of England That if She please and like the terms of giving up the Penal and Test Laws against Papists that then the King will perform his word with her Good Adv. p. 17. but that otherways it is She who breaks with him and not he with her ib p. 44. Though something may be said for the Repealing of all Penal Laws in reference to every perswasion that is called Religion how incongruously soever it may claim that Name yet 't is inconsistent with the safety of all Civil Government and a plain betraying of the Civil Liberties as well as the established Religion in Great Brittain not to allow the precluding those from places of Trust of whose fidelity we can have no assurance And therefore as all that Mr. Pen hath alledged for abolishing the Tests is miserably silly so he hath thereby too manifestly detected the small regard he bears to the safety of the Kingdoms and the Protestant cause not to be suspected in every thing else which he hath more plausibly and reasonably asserted For as all Governments have an unquestionable Right to use means whereby to preserve themselves so 't is not onely lawful but expedient that they should have Tests by which it may be known who are fit to be trusted with the Legislative and Executive power Without this no Constitution can subsist nor Subjects be in any security under it Neither can any Reasons be advanced against the Test Laws but what are of equal force against exacting Oaths of Allegiance and Promises of Fidelity from those whom the Government thinks meet to Employ One might think that Mr. Pen should allow as much to the Parliament of England as he challengeth to himself in his Government of Pensilvania For I find that not onely such shall be precluded from a share in the Government there who shall either be convicted of ill Fame and unsober Coversation or who shall not acknowledge Jesus Christ to be the Son of God and Saviour of the World Chap. 2d of their Constitutions and Laws but that none shall be either chosen into Office or so much as admitted to choose but who solemnly declare and promise Fidelity to William Pen and his Heirs Chap. 57. This I take not onely to be equivalent unto but something more than our Tests do amount unto For whereas there may be several whom the Quakers may judge persons of unsober Conversation who may be true to the Civil Interest of their Country and willing to the utmost of their power to preserve the Peace and promote the Prosperity of it we have no ground to believe the like of Papists in relation to the welfare and safety of a Protestant State And that not onely because they acknowledge a Forraign Jurisdiction inconsistent with and paramount to ours but because they are obliged by the Principles of their Religion whensoever they find themselves able to destroy and extirpate us I 'm sure that the Motives which in 73 and 78 enforced to the Enacting of the Test Laws do at this season plead more effectually for the continuing them Nor had we so much cause then of being afraid of Popery or to be apprehensive of having our Religion overturned by Papists which were the Inducements to the making of those Laws as we have ground to dread it at this time and to be jealous of it under the present conjuncture And the more that the Roman Catholicks and their Advocates press to have these Laws abolished the more fear they excite in us of their design if they knew how to effect it and make us the more resolved to hazard all we have to
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
and lull those into a tameness of admitting his Return into his Dominions whom a jealousie of being afterwards persecuted for their Consciences might have awakened to withstand and dispute it And to give him his due he never judged himself longer bound to the observation of Promises and Oaths made to his People than until without hazard to his Person and Government he could violate and break them Accordingly he was no sooner seated in the Throne of his Ancestors and those whom he had been apprehensive of Resistance and Disturbance from put out of Capacity and Condition of attempting any thing against him but he thought himself discharged from every thing that the Royal Word and Faith of a Prince had been pledged and 〈◊〉 to stake for in that Declaration and from that day forward acted in direct opposition to all the Parts and Branches of it For having soon after his Return obtained a Parliament moulded and adapted both to his Arbitrary and Popish Ends he immediately set all his Instruments at work for the procuring of such Laws to be Enacted as might divide and weaken Protestants and thereby make us not onely the more easie Prey to the Papists but afford them an advantage through our Scuffles of undermining our Religion with the less notice and observation How such persons came to be chosen and to constitute the Majority of the House of Commons who by their Actings have made themselves Infamous and Execrable to all Ages were a matter too large to penetrate at present into the Reasons of but that which my Theme conducts me to observe is That as they sacrificed the Treasure of the Nation to the profuseness and prodigality of the Prince and our Rights and Liberties to his Ambition and Arbitrary Will so they both introduced and established those Things which have been a means of dividing us and by many severe and repeated Laws they subjected a great number of industrious English-men and true Protestants to Excommunications Imprisonments rigorous and multiplied Fines and all this for Matters onely relating to their Consciences and for their Obedience to God in the Ordinances of his Worship and House And notwithstanding the late King 's often pretended compassion to the Dissenters it will be hard to discern them unless in Effects which proceed from very different and opposite Principles The distance which he kept them from his Person and Favour the influencing these Members of both Houses that depended upon him to be the Authors and Promoters of Severities against them the enjoyning so often the Judges and Justices of Peace to execute the Laws upon them in their utmost rigour the instigating the Bishops and Ecclesiastical Courts if at any time they relented in their Prosecutions to pursue them with fresh Citations and Censures the arraigning them not onely upon the Statutes made intentionally against Dissenters but upon those that were originally and solely enacted against the Papists these and other Procedures of that Nature are the onely Proofs and Evidences which I can find of the late King's Bowels Pity and Tenderness to them And whereas the weak Church-men were imposed upon to believe that all the Severity against the Nonconformists was the Fruit of his Zeal for the Protestant Religion and for the security of the Worship and Discipline established by Law they might have easily discovered if Passion Prejudice Wealth and Honour had not blinded them that all this was calculated for Ends perfectly destructive to the Church and inconsistent with the Safety and Happiness of all Protestants For as his seeking oftner than once to have wriggled himself into a Power of superseding and dispensing with those Laws and suspending their Execution plainly shews that he never intended the support and preservation of the Church by them so his non-execution of the Laws against Papists his conniving at their encrease his perswading those nearest unto him to reconcile themselves to the See of Rome as he did among others the late D. of Monmouth his countenancing the Roman Catholicks in their open and intollerable Insolencies and his advancing them to the most gainful and Important Places and trusts sufficiently declare that he never had any love to Protestants or care of the Reformed Religion but that all his designs were of a contrary tendency and his fairest Pretences for the Protection and Grandure of the Church of England adapted to other ends Thus the Royal Brothers having obtained such Laws to be enacted whereby one Party of Protestants was armed with means of oppressing and persecuting all others neither the necessity of their Affairs at any time since nor the Application and Interposure of several Parliaments for removing the Grounds of our Differences and Animosities by an Indulgence to be past into a Law could prevail either upon his late Majesty or the present King to forgoe the Advantage they had gotten of keeping us in mutual Enmity and thereby of ministring to their projection of supplanting our Religion and re-establishing the Faith and Worship of the Church of Rome Hereupon the last King not onely refused to consent to such Bills as diverse late Parliaments had prepared for indulging Dissenters and for bringing them into an union of Counsels and Conjunction of Interest with those of the Church of England for resisting the Conspiracies of the Papists against our Legal Government and Established Religion but he rejected an Address for suspending the Execution of the Penal Laws against Dissenters which was offered and presented unto him by that very Parliament which had framed and enacted those cruel and hard Laws And as the Royal Brothers have made it their constant Business to cherish a Division and Rancour among Protestants and to provoke one Party to persecute and ruine another so nothing could more naturally fall in with the Design of Arbitrariness or be more subservient to the betraying the Nationâ—â— Papal Idolatry and Jurisdiction For several Penal Laws against a considerable Body of People do either expose them against whom they are enacted to be destroyed by the Prince with whom the executive Power of the Law is trusted and deposited or they prove a Temptation to such as are obnoxious of resigning themselves in such a manner to the Will and Pleasure of the Monarch for the obtaining his connivancy at their violation of the Laws as is unsafe and dangerous for the common Liberty and Good of the Kingdom For in case the Supreme Magistrate pursue an Interest distinct from and destructive to that of his People they who the Law hath made liable to be oppressed are brought under Inducements of becoming so many Parisans for abetting him in his Designs in hopes of being thereupon protected from the Penal Statutes the execution whereof is committed to him And as it is not agreeable to the Wisdom and Prudence which ought to be among Men nor to the Mercy and Compassion which should be among Christians for one party to surrender another into the Hands and Power of the Soveraign to be
there being sincere Christians and true Englishmen among those of all Judgments and Societies of Protestants and among none more than those of the Communion of the Church of England It were the height of Wickedness as well as the most prodigious Folly to imagine that the Conformists have abandoned all Fidelity to God and cast off all care of themselves and their Country upon a mistaken Judgment of being Loyal and Obedient to the King The contrary is plain enough they knew as well as any that the giving to Caesar the Things that are Caesar's lay them under no Obligation of surrendring unto him the Things that are God's nor of sacrificing unto the Will of the Sovereign the Priviledges reserved unto the People by the Fundamental Rules of the Constitution and by the Statutes of the Realm And they understand as well as others that the Laws of the Land are the only measures of the Prince's Authority and of the Subjects Fealty and where they give him no Right to Command they lay them under no tye to Obey And though here and there a Dissenter has written against Popery with good Success yet they have been mostly Conformable Divines who have triumphed over it in elaborate Discourses and who have beaten the Romish Scriblers off the Stage Nor can it be thought that they who have so accurately related and vindicated the History and asserted and defended the Doctrine of the Reformation should either tamely relinquish or be wanting in all due and legal Ways to uphold and maintain it And though some few of the Nonconformists have with sufficient strength and applause used their Pens against Arbitrariness in detecting the Designs of the Royal Brothers yet they who have generally and with greatest Honour appeared for our Laws and Legal Government against the Invasions and Usurpations of the Court have been Theologues and Gentlemen of the Church of England Nor in case of further Attempts for altering the Constitution and enslaving the Nation will they shew themselves unworthy the having descended from Ancestors whose Motto in the high Places of the Field was nolumus Leges Angliae mutari They who have so often justified the Arms of the Vnited Netherlands against their Rightful Princes the Kings of Spain and so unanswerably vindicated their casting off Obedience to those Monarchs when they had invaded their Priviledges and attempted to establish the Inquisition over them cannot be ignorant what their own Right and Duty is in behalf of the Protestant Religion and English Liberties for the Security whereof we have not only so many Laws but the Coronation Oaths and Stipulations of our Kings And those Gentlemen of the Church of England who appeared so vigorously in three Parliaments for excluding the Duke of York from the Succession to the Crown by reason of a Jealousy of what through being a Papist he would attempt against our Religion and Priviledges in case he were suffered to ascend the Throne cannot be now to seek what becomes them towards him having seen and felt what before they only apprehended and feared For if the Law that entaileth the Succession upon the next of Kin and obligeth the Subjects to admit and receive him not only may but ought to be dispensed with in case the Heir thro' having imbib'd Principles which threaten the Safety and are inconsistent with the Happiness of the People hath made himself incapable to inherit we know by a short Ratiocination how far we stand bound to a Prince on the Throne who by Transgressing against the Laws of the Constitution hath abdicated himself from the Government and stands virtually Deposed For whosoever shall offer to Rule Arbitrarily does immediately cease to be King de jure seeing by the Fundamental Common and Statute Laws of the Realm we know none for Supream Magistrate and Governor but a limited Prince and one who stands circumscribed and bounded in his Power and Prerogative And should the Dissenters entertain a belief that the Conformists are less concerned and zealous than themselves for the Protestant Religion and Laws of the Kingdom they would not only Sin and offend against the Rules of Charity but against the Measures of Justice and daily Evidences from Matters of Fact For neither they nor we owe our Conversion to God and our practical Holiness to the Opinions about Discipline Forms of Worship and Ceremonies wherein we differ but the Doctrines of Faith and Christian Obedience wherein we agree 'T is not their being for a Liturgy a Surpliss or a Bishop that hath heretofore influenced them to subserve the Court in Designs tending to Absoluteness but they were seduced unto it upon Motives whereof they are now ashamed and the ridiculousness and folly of which they have at last discever'd Nor is the multitude of profligate and scandalous persons with which the Church of England is crowded any just impeachment of the Purity of her Doctrine in the Vitals and Essentials of Religion or of the Vertue and Piety of many of her Members For as it is her being the only Society established by Law that attracts those Vermin to her Bosom so it is her being restrained by Law from debarring them that keeps them there to her reproach and to the grief of many of her Ecclesiasticks Neither is it the fault of the Church of England that the Agents and Factors for Popery and Arbitrary Power have chosen to pass under the name of her Sons but it proceeds partly from their Malice as hoping by that means to disgrace her with all true English-men as well as with Dissenters and partly from their Craft in order thereby the better to conceal their Design and to shrowd themselves from the Censure and Punishment which had it not been for that Mask they would have been exposed unto and have undergone And I dare affirm that besides the Obligations from Religion which the Conformists are equally under with Dissenters for hindring the introduction of Popery there are several Inducements from interest which sway them to prevent its establishment wherein the Dissenters are but little concerned For though Popery would be alike afflictive to the Consciences of Protestants of all Persuasions yet they are Gentlemen and Ministers of the Church of England whole Livings Revenues and Estates have been threatned in case it had come to be established Nor would the most Loyal and obsequious Levites provided they resolve to continue Protestants be willing that their Personages and Incumbencies to which they have have no less Right by Law than the King hath to the Excise and Customs should be taken from them and bestowed upon Romish Priests by an Act of Despotical Power and of unlimited Prerogative And for the Gentlemen as I think few of them would hold themselves obliged to part with their purses to High-way-Padders though such should have a pattent from the King to rob whomsoever they met upon the Road so there will not be many inclined to suffer their Mannours and Abbey-Lands to which they have so
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
which they cannot help but bear his Misfortune and Lot with Patience in himself and with Compassion and Charity towards them and have his Indignation raised only against that Court which forced them to be instrumental in their Oppression and Trouble The Protestant Dissenters could not be so far void of sense as to think that the Person lately in the Throne bore them any good-Will but his drift was to screw himself into a Supremacy and Absoluteness over the Law and to get such an Authority confessed to be vested in him as when he pleased he might subvert the Established Religion and set up Popery Forby the same Power that he can dispense with the Penal Statutes against the Nonconformists he may also dispense with those against the Roman Catholicks And whosoever owneth that he hath a Right to do the first doth in effect own that he hath a Right to do the last For if he be allowed a Power for the superseding some Laws made in reference to Matters of Religion he may challenge the like Power for the superseding others of the same kind And then by the same Authority that he can suspend the Laws against Popery he may also suspend those for Protestancy And by the same Power that he can in defiance of Law indulge the Papists the Exercise of their Religion in Houses he may establish them in the publick Celebration of their Idolatry in Churches and Cathedrals yea whereas the Laws that relate to Religion are enacted by no less Authority than those that are made for the Preservation of our Civil Rights should the K. be admitted to have an Arbitrary Power over the one it is very like that by the Logick of Whitehall he might have challeng'd the same Absoluteness over the other Nor do I doubt but that the eleven Judges who gratified him with a Despoticalness over the former would when required grant him the same over the latter I know the Dissenters have been under no small Temptations both by reason of being hindred from enjoying the Ordinances of the Gospel and because of many grievous Calamities which they suffer for their Nonconformity of making Applications to the K. for some Relief by his suspending the Execution of the Laws but they must give me leave to add that they ought not for the obtaining of a little Ease to have betrayed the Kingdom and Sacrifice the Legal Constitution of the Government to the Lust and Pleasure of a Popish Prince whom nothing less would serve than being Absolute and Despotical And had he once been in the quiet Possession of an Authority to dispense with the Penal Laws the Dissenters would not long have enjoyed the Benefit of it Nor could they have denied him a Power of reviving the Execution of the Law which is part of the Trust deposited with him as Supreme Magistrate who have granted him a Power of Suspending the Laws which the Rules of the Government precluded him from And as he might whensoever he pleased cause the Laws to which they were Obnoxious to be executed upon them so by virtue of having an Authority acknowledged in him of superceding the Laws he might deprive them of the Liberty of meeting together to the number of Five a Grace which the Parliament thought fit to allow them under all the other Severities to which they were subjected Nor needs there any further Evidence that the Prince's challenging such a Power was an Usurpation and that the Subjects making any Application by which it seem'd allowed to him was a betraying of the Ancient Legal Government of the Kingdom whereas the most Obsequious and Servile Parliament to the Court that ever England knew not only denied this Prerogative to the late King Charles but made him renounce it by revoking his Declaration of Indulgence which he had emitted Anno 1672. And as it will be to the perpetual Honour of some of the Dissenters to have chosen rather to suffer the Severities which the Laws make them liable unto than by any Act and Transaction of theirs to undermine and weaken either the Church or the State so it will be a means both of endearing them we hope not only to the Prince of Orange now by a miraculous Providence brought in amongst us but to future Parliaments and of bringing them and the Conformists into an Union of Counsels and Endeavours against Popery and Tyranny for ever which is at this season a thing so indispensibly necessary for their common Preservation Especially when through a new and more threatning Alliance and Confederacy with France than that in 72 the King had not only engaged to act by and observe the same Measures towards Protestants in England which that Monarch hath vouchsafed the World a Pattern and Copy of in his carriage towards those of the Reformed Religion in France but had promised to disturb the Peace and Repose of his Neighbours and to commence a War in conjunction with that Prince against Foreign Protestants For as the King 's giving Liberty and Protection to the Algerines to frequent his Havens and sell the Prizes which they take from the Dutch is both a most infamous Action for a Prince pretending to be a Christian and a direct Violation of his Alliance with the States General so nothing can be more evident than that he thereby sought to render them the weaker for him to assault and that he was resolved if some unforeseen and extraordinary Providence had not interposed and prevented to declare War against them the next Summer in order whereunto great Remises of Money were already ordered him from the French Court So that the Indulgence which he pretends to be inclinable to afford the Dissenters was not an effect of Kindness and Good-will but an Artifice whereby to oblige their Assistance in destroying those Abroad of the same Religion with themselves Which if he could once compass it were easie to foresee what Fate both the Dissenters and they of the Communion of the Church of England were to expect Who as they would not then have known whither to retreat for shelter so they would have been destitute of Comfort in themselves and deprived of Pity from others not only for having through their Divisions made themselves a Prey to the Papists at Home but for having been accessary to the Ruin of the Reformed State Abroad and which was the Asilum and Sanctuary of all those that were elsewhere oppressed and persecuted for Religion Gloria Deo Optimo Maximo Honos Principi nostri celcissimo pientissimo 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 THey are great Strangers to the Transactions of the World who know not how many and various the Attempts of the Papists have been both to hinder all Endeavours towards a Reformation and to overthrow and subvert it
is in other Princes of the same Communion or that they are more regardless of Fame and less concerned how future Generations will brand their Memories than other Papal Monarchs seem to be that they have suffered themselves to be prevailed upon to violate the Promises and Oaths they were bound by to their Protestant Subjects seeing the Emperor is character'd for a Person of a meek and gentle Temper and of the goodness of whose Nature there remain some shadows interwoven with the bloody streaks of the Hungarian Persecution And the French King though he stand not much commended for Sweetness and Benignity of Disposition is known to be unmeasurably Ambitious of having his name transmitted to Posterity in Letters of Greatness and Honor which his behaviour towards his Subjects of the Reformed Religion is no ways adapted unto but calculated to make him hereafter listed with Nero and Julian As to the Duke of Savoy there seems by the whole course of his other Actions to be a certain Greatness of Mind in him not easily consisting with that savage and brutal Temper which the Cruelties he hath exercised upon the Protestants in Piedmont would intimate and denote But it ariseth from the Mischievousness and Pestilency of their Religion their Bigottry in it and their having put themselves so entirely under the conduct of the Clergy particularly of the Jesuits who are for the most part a Sett of Men especially the latter that through acting in the Prospect of no other Ends but the Grandeur Wealth and Domination of the Church of Rome do with an unlimited Rage and a peculiar kind of Malice persecute all that have renounced Fellowship with it and care not if they Sacrifice the Honor Glory and Safety of Monarchs and bring their Kingdoms into Contempt and Desolation by rending them weak poor and dispeopled provided they may wreek their Spleen and Revenge upon those whose Religion is not only dissonant from theirs but should it prevail to be the Religion of the Legislators and Rulers of Nations those Springs of Wealth would be immediately dried up by which their Superior Clergy and all their Religious Orders are enriched and fed up in Idleness And should the People come to be generally imbued with Principles of Gospel Light and Liberty they would immediately shake off a blind and slavish Dependence upon Pope and Priests and thereby subvert the Foundation upon which the Monarchick Grandeur of the Romish Church and their whole Religion is superstructed and destroy the Engine by which they are inabled to Lord it over the Bodies Estates and Consciences of Men. And if Protestants every where especially under Popish Rulers were not under a strange Infatuation they would look for no fairer Quarter from Papists than what their Brethren have met with in France and Piedmont nor would they rely upon the Faith of any King that stiles himself a Roman Catholick seeing Sacred Promises tremendous Oaths and the most Authentick Declarations are but Papal Arts and Tricks sanctified at Rome whereby to lull Subjects into a Security and delude them into a neglect of all means for preserving themselves and their Religion till their Rulers can be in a condition of obeying the Decrees of the fourth Lateran Council that enjoyns Kings to destroy and extirpate Hereticks under pain of Excommunication and of having both their Subjects absolved from Allegiance to them and their Territories given away to others and till without running any Hazard they may comply with the Ordinance of the Council of Constance which not only releaseth them from all Obligation of keeping Faith to Hereticks but requires them to violate it and accordingly made Sigismond break his Faith to John Hus whom in defiance of the Security given him by that King they caused to be condemned and Burn'd Nor is the Practice and late Example of the Great Louis designed for less than a Pattern by which all Popish Princes are to act and his Proceedings are to be the Copy and Moddel which they who would merit the name of Zealous Catholicks and be esteemed dutiful Sons of the Church are to transcribe and limn out in Lines of Force Violence and Blood and for the better corresponding with the Original to imploy Dragoons for Missionaries And tho I will not say but that there may be some Popish Princes who through an extraordinary Measure of good Nature and from Principles of Compassion woven into their Constitution previously to all notices of Revelation whether real or pretended and who through Sentiments imbib'd from a generous Education and their coming afterwards to be under the Influence and Management of wise and discreet Counsellors may be able to resist the malignant Impressions of their Religion and so be preserved from the Inhumanities towards those of different Perswasions from them in the things of God which their Priests would lay them under Obligations unto by the Doctrines of the Romish Faith yet there appears no reason why an understanding Man should be induced to believe that the King of England is likely to prove a Prince of that great and noble Temper there being more than enough both to raise a Jealousie and beget a Perswasion that there is not a Monarch among all those who are commonly stiled Catholicks from whom Protestants may justly dread greater Severities than from Him or look for worse and more Barbarous Treatments I am not ignorant with what Candor we ought by the Rules of Charity and good Manners to speak of all Men whatsoever their Religion is nor am I unacquainted with what Veneration and Deference we are to discourse of Crowned Heads but as I dare not give those flattering Titles unto any of which there are not a few in some of the late Addresses presented to the King by an inconsiderable and foolish sort of Dissenting Preachers so I should not know how to be accountable to God my own Conscience or the World should I not in my Station as a Protestant and as a Lover of the Laws and Liberties of my Country offer something whereby both to undeceive that weak and short-sighted People whom their own being accommodated for a Season by the Declaration of Indulgence hath deluded into an Opinion that His Majesty cherisheth no thoughts of subverting our Religion and also further to enlighten and confirm others in the just Apprehensions they are possessed with of the Design carrying on in Great Britain and Ireland for the Extirpation of Protestancy and that the late Declaration for Liberty of Conscience is emitted in Subserviency thereunto and calculated by the Court toward the paving and preparing the way for the more facile Accomplishment of it And while Mercenary Sycophants by their Flatteries infect and corrupt Princes and by their representing them to the World in Colours disagreeable from their Tempers and Dispositions and in milder and fairer Characters than any thing observable in them either deserveth or correspondeth with do delude Subjects into such Opinions of them as beget a neglect of
Means for preserving themselves 't is become a necessary Duty and an indispensible Service to Mankind to deal plainly and above-board that so by describing Kings as they are and setting them in a true and just Light we may prevent the Peoples being further imposed upon or if through suffering themselves to be still deceived they come to fall under Miseries and Persecutions they may lay all their Distresses and Desolations at the Door of their own Folly in not having taken care how to avoid what they were not only threatned with but whereof they were warned and advertised History of the Times For as I am not of Sir Roger l'Estrange's mind That if we cannot avoid being distrustful of our Safety yet it is extremely Vain foolish and extravagant to talk of it so I am very sensible how many of the French Ministers by painting forth their King more like a God than a Man and by possessing their People with a belief of Wisdom Justice Grace and Mercy in Him of which they knew him destitute they both emboldned Him to attempt what he hath perpetrated and laid them under Snares which they knew not how to disentangle themselves from in order to escape it Nor would the King of England have acted with that neglect of the future Safety of the Papists nor have exposed them to the Resentment and hereafter Revenge of three Nations by the Arbitrary and Illegal Steps he hath made in their Favor if he intended any thing less than the putting Protestants for ever out of Capacity and Condition of calling them to a Reckoning and exacting an Account of them which neither He nor they about him can have the weakness to think they have sufficiently provided against without compelling us by an Order of à la mode France Missionaries to turn Catholicks or by adjudging us to Mines and Galleys according to the Versailles President for our Heretical Stubbornness or which is the more expeditious way of Converting three Kingdoms to cause Murther the Protestant Inhabitants according to the Pattern which his Loyal Irish Catholicks endeavored to have set anno 1641. for the Conversion of that Nation Had his Majesty been contented with the bare avowing and publishing himself to be of the Communion of the Church of Rome and of challenging a Liberty though against Law for the Exercise of his Religion it might have awakened our Pity and Compassion to see him embrace a Religion where there are so many Impediments of Salvation and in doing whereof he was become obnoxious unto the Imprecation of his Grandfather who wished the Curse of God to fall upon such of his Posterity as should at any time turn Papists but it would have raised no intemperate Heats in the Minds of any against him much less have alienated them from the Subjection and Obedience which are due unto their Sovereign by the Laws of the several Kingdoms and the Fundamental Rules of the respective Constitutions Or could He have been contented with waving the rigorous Execution of the Laws against Papists of whatsoever Quality Rank or Order they were and with the bestowing personal and private Favors upon those of his Religion it would have been so far from begetting Rancor or Discontent in his Protestant Subjects that they would not only have connived at and approved such a Procedure and those little Benignities and Kindnesses but had the Papists quietly acquiesced in them and modestly improved them it might have been a means of reconciling the Nation to more Lenity towards them for the future and might have influenced our Legislators when God shall vouchsafe us a Protestant on the Throne to moderate the Severities to which by the Laws in being they are obnoxious and to render their Condition as easie and safe as that of other Subjects and only to take care for precluding them such Places of Power and Trust as should prevent their being able to hurt us but could bring no damage or inconvenience upon themselves But the King instead of terminating here and allowing only such Graces and Immunities to the Papists as would have been enough for the placing them in the private Exercise of their Religion with Security to them and without any threatning Danger to us He hath not only suspended all the penal Laws against Roman Catholicks but He hath by an usurped Prerogative that is paramount to the Rules of the Constitution and to all Acts of Parliament dispensed with and disabled the Laws that enjoin the Oath of Allegiance and Supremacy and which appoint and prescribe the Tests that were the Fences which the Wisdom of the Nation had erected for preserving the Legislative Authority securing the Government and keeping Places of Power Magistracy and Office in the hands of Protestants and thereby of continuing the Protestant Religion and English Liberties to our selves and the Generations that shall come after us And as if this were not sufficient to awaken us to a Consideration of the danger we are in of having our Religion supplanted and overthrown He hath not only advanced the most violent Papists unto all Places of Military Command by Sea and Land but hath establish'd many of them in the chief Trusts and Offices of Magistracy and Civil Judicature so that there are scarce any continued in Power and Employment save they who have either promised to turn Roman Catholicks or who have engaged to concur and assist to the Subverting our Liberties and Religion under the Mask and Disguise of Protestants 'T is already evident that it is beyond the help and relief of all Peaceable and Civil means to preserve and uphold the Protestant Religion in Ireland and that nothing but Force and an intestine War can retrieve it unto and re-establish it there in any degree of Safety Nor is it less apparent from the Arbitrary and Tyrannous Oath ordained to be required of His Majesties Protestant Subjects in Scotland whereby they are to swear Obedience to Him without Reserve that our Religion is held only precariously in that Kingdom and that whensoever He shall please to command the Establishment of Popery and to enjoin the People to enter into the Communion of the Church of Rome he expects to have his Will immediately conformed unto and not to be disputed or controlled But lest what we are to expect from the King as to the Extirpation of the Reformed Religion and the inflicting the utmost Severities upon his Protestant Subjects that Papal Rage armed with Power can inable him unto may not so fully appear from what hath been already intimated as either to awaken the Dissenters out of the Lethargy into which the late Declaration hath cast them or to quicken those of the Church of England to that zealous care vigilancy and use of all Lawful means for preserving themselves and the Protestant Religion that the impendent Danger wherewith they are threatned requires at their hands I shall give that farther Confirmation of it from Topicks and Motives of Credibility Moral Political
I shall not take upon me to determine and will only say that as I heartily wish he had not in those Letters afforded them any probable Pretence for proceeding against him so there are Excesses of Loyalty in them to attone for the utmost Indiscretions his words are capable of being wrested unto nor can any thing but Papal Malice and Romish Chicanerie construe and pervert them so far contrary to his Intentions as to make Crimes and much less to make Treasons of them Now as nothing can be of more portentous Omen to British and Irish Protestants than to have a Popish Bigot exalted to Rule over them so through a Concurrence of ill Nature and a deficiency in Intellectuals met in him with this furious Zeal and Bigottry they are the more to expect whatsoever his Power inables him to inflict that is Severe and Dreadful 'T is possible that a Ruler may be possessed with a Fondness and Valuation of Popery as the only Religion wherein Salvation is to be obtained and therefore in his private Judgment and Opinion sentence all to eternal Flames who cannot herd with him in the same Society and yet he may through a great measure of Humanity and from an extraordinary Proportion of Compassion and Meekness woven into his Nature hate the imbrueing his Hands in their Blood or treating those with any Harshness whose supposed Misbelief is their only Crime and that finding them in all other Respects Vertuous Peaceable and Industrious He may leave them to the decretive Sentence of the Sovereign and infallible Judge without disturbing or meddling with them himself Nor is it impossible but that there may be a Prince so far Bigotted in Popery as to have Inclination and Propensity to force all under his Authority to be of his Religion or else to destroy and extirpate them yet through being of that largeness of Understanding and Political Wisdom as to be able to penetrate into the Hazards of attempting it and to foresee the Consequences that may ensue upon it in reference to the Peace and Safety of his Government as well as the Wealth and Power of his Dominions he may come to check and stifle his furious Inclinations and chuse rather to leave his Subjects at quiet than to impoverish weaken and dis-people his Country either by destroying them or by driving them to abandon his Territories in order to find a Shelter and Sanctuary in other places But where as in the King of England a small Measure of Understanding accompanied with a large share of a Morose Fierce and Ill Nature and these attended with Insolency and Pride as they usually are in weak and froward People come to have a Bigottry in such a Religion as Popery superadded to them whose Doctrines and Principles instigate and oblige to Cruelty towards all of other Perswasions there Protestants do find nothing that may incourage to hope for Security and Protection under a Prince of that Temper and Complexion but all that does affect and impress their Minds bids them prepare for Persecution and to look for the utmost Rigors and Severities that Pride Malice brutal Zeal back'd and supported with Force and Power can execute and inflict And how much such a Prince's Religion proves too weak to restrain him from Uncleannesses and other Immoralities by so much the more is he to be dreaded in that he thinks to compound for and expiate Crimes of that Nature by his Cruelty to Hereticks and his offering them up in Sacrifices of Attonement to the Tripple Crown Nor are the Priests either displeased with or careful to disswade Princes from Offences of that kind though they know them to be great Provocations to God and of mischievous Example to Subjects seeing they are Masters of the Art of improving them to the Service of Holy Church and the Advantage of the Catholick Faith For instead of imposing upon those Royal Transgressors the little and Slavish Penances of Pilgrimages Whippings and going Bare-foot they require them to make Satisfactions for those and the like Crimes by the pious and meritorious Acts of Murthering Protestants and of extirpating the Northern Heresie And as one of the French Whores of State is reported to have been a Person that hath principally instigated to all the Cruelties against the Reformed in France so no doubt but as she did it under the Influence and Conduct of her Confessors to compensate for her Adulteries so she advised and perswaded Louis to it upon Motives of the same nature Nor do they who have the guidance of Consciences at White-hall want matter of the same kind to improve and work upon and as there are of the licentious Females that will be glad of attoning for their filthy Pollutions by Acts so agreeable to the Articles of their Religion so there are some who as they have Influence enough upon the King to Counsel Him to the like Methods so they will find Him sufficiently disposed to compound for his Loathsom and Promiscuous Scatterings at a rate so suitable to his Temper as well as to the Doctrines of the Papal Faith If any be deluded into a good Opinion of His Majesty and brought to flatter themselves with Expectations of their being protected in the Profession of the Protestant Religion they may be easily undeceived and prevailed upon to change their Sentiments if they will but consider his Behaviour towards Protestants in the Post wherein he formerly stood and what his carriage was to them while he was fixed in a meaner and more subordinate Station than now he is Though there have been many whose Behaviour in their private Condition would have rendred them thought worthy to Rule if their Actions after their Advancement to governing Power had not confuted the Opinion entertained concerning them yet here have been very few that have approved themselves Just and Merciful after their attaining to Sovereignty whose Carriage in an inferior Station had been to the Damage and general Hurt of Mankind as far as their narrow Power and Interest would extend It ought therefore to lay us under a Conviction what we are to expect from His Majesty on the Throne when we find the whole Thread and Series of his Conduct while a Subject to have been a continued Design against our Religion and an uninterrupted Plot for the Subversion of our Laws and Liberties 'T is sufficiently known how active he always was to keep up and inflame the Differences among Protestants and how he was both a great Promoter of all the severe Laws made against Dissenters and a continual Instigator to the rigorous Execution of them So that his affirming it to have been ever his Judgment that none ought to be oppressed and persecuted for Matters of Religion nor to be hindered in Worshipping God according to their several Perswasions serves only to inform us either with what little Honesty Honor and Conscience He acted in concurring to the making of the foresaid Laws or what small Faith and Credit is now to be
is a Mystery which few are yet acquainted with and which both His Majesty and the Order judge it their Interest to have industriously concealed but whereof the World may ere long receive that convictive Intelligence that there will be no room left for suspecting the Truth of it and whereof a Jesuit in the late printed Letter from Liege hath given us already sufficient Intimation both in telling us That the King of England stiles himself a Son of the Society and how that he wrote to Father de la Chaise that he would account every Injury done to the Jesuits to be a wrong committed against himself Neither is it so surprising as it may seem at first view that the King should list himself a Member of the Order seeing there have been four other Crowned Heads of whose Entrance and Matriculation into the Society there is all the Evidence and Assurance imaginable And tho one of them is acknowledged to have been in the Classis of the Directors while the other three are generally believed to have been in the Form of the Directed yet such was the Power of the Society over them all that a great part of the Cruelty exercised towards Protestants both in the last Age and in this is to be ascribed to that implicit and blind Obedience which they were bound to yield to the Injunctions of the Order and to the Commands of the General Philip the Second of Spain who was the first King that entred into the Order and who did it upon Motives of Policy in hopes by their means to have compassed the Universal Monarchy which he was aspiring after and who through being in the Classis of Directors had Advantages of using and improving and not of being in that degree of Servitude unto them which the others have been yet to what barbarous Cruelties did they over-rule and instigate him not only to the Destruction of unconceivable Numbers of his Subjects whose only Crime was that they could not believe as the Church of Rome doth which issued in the depopulating some of his Dominions and his being deposed from the Sovereignty in others but to the Sacrificing his Son and Heir Prince Charles whom to gratifie the Society he caused upon an Accusation of his favoring the Low-Country Hereticks and the being himself tainted with Lutheranism to be murthered in his own Court and Palace Sigismond of Poland who was the second Crowned Head admitted into the Order through complying with the Counsels and serving the Wrath Rage and Passions of the Jesuits in endeavoring to suppress Religion in Swedeland to which he was Heir and in striving to subvert their Civil Rights drew upon himself the Resentment and Wrath of that Nation to such a degree that they abdicated him and his Heirs from the Government and advanced another to the Throne Casimire who was also King of Poland is reckoned to be the third Sovereign Prince that entered into the Society and he through coming under the Domination of the Jesuits and being bound to follow their Directions and to execute whatsoever the General of the Order thought fit to enjoyn for the Promotion and Benefit of the Church became not only an Instrument of a severe Persecution against all sort of Dissenters from the Romish Faith so that many were put to Death and more driven to abandon their Country but through committing many things in the course of his Government that were prejudicial to the Rights and thereupon disgustful to the Polish Nobility they conceived such an Aversion and Hatred for him that to avoid the Effects of their Resentment and Indignation he was forced to lay down his Crown and to chuse to end his days in France in no higher a Post and under no more glorious a Character than that of Abbot of St. German There is a fourth Prince and who is yet in being that is generally believed to be enrolled into the Order and the Persecution he hath carried on in Hungary contrary to his natural Temper and to all the Rules of Interest and Policy and to the Violation of his Promises and Oaths for continuing unto them the Liberty of their Religion is both too probable an Evidence of it and a strong Confirmation of the Cruelties which the Jesuits instigate Princes unto over whom they have Influence and whom they have wheedled into Engagements of obeying their Commands and pursuing their Injunctions And as the desolating of Hungary through a long and bloody War and the tempting the Turks to invade the Austrian Territories are some of the Effects that have ensued upon the Emperor's complying with the fierce and heady Counsels of the Jesuits so we have not seen all the Mischiefs that the Persecution which they have engaged him in against Protestants is like to issue in tho beside the disgusting several Electoral Princes and States in Germany and the furnishing the Ottoman Potentate with Encouragements of continuing the War there are wonderful Advantages afforded by it to embolden the French King in his Encroachments upon the Empire which otherways he would not have dared to attempt and whereof the result at last may prove fatal to the Imperial Dignity and to the whole House of Austria Now what the Protestants in Great Britain and Ireland ought to dread from the King upon his being entred into a Society that hath breathed nothing but Fire and Blood since its first Institution I leave to the serious Consideration of all Men who value their Lives Liberties and Estates and that do not think of renouncing their Religion and turning Papists Nor is it to be imagined that the King before he can be supposed well settled on the Throne and while under a declining State of Body as well as in an advanced Age having the weight of Four and fifty upon his Shoulders beside something else that he is obliged to the Earl of Southesk for which I shall not mention would have taken so many bold wide and Illegal Steps for the Supplanting our Religion and Laws and for the Introduction and Establishment of Popery and Tyranny and this not only to the losing and disobliging his former Votaries and Partizans but to the strange Allarming and Disgusting most Persons of Honor Quality and Interest in the Three Kingdoms were he not beside the being under the Sway of his own Bigottry and the strong Ballance of a large Measure of ill Nature bound by Ties of implicit Obedience to the Commands of that extravagant and furious Society to the promoting of whose Passions and Malice rather than his own Safety and Glory or the lasting Benefit of the Roman Catholicks themselves the whole Course of his Government hitherto seems to have been shapen and adapted The Occasion and Subject of the late Contest between him and the Pope which hath made so great a Noise not only at Rome but through all Europe may serve to convince us both of the extraordinary Zeal he hath for the Society and of the transcendent Power they have over
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
administred by any of them shall ever tempt me to say they deserve it or cause me to ravel into their former and past carriages so as to fasten a blot or imputation upon the party or body of them whatsoever I may be forced to do as to particular persons among them For as to the generality I do believe them to be as honest industrious useful and vertuous a people tho many of them be none of the wisest nor of the greatest prospect as any party of men in the Kingdom and that wherein soever their carriage even abstracting from their differences with their Fellow Protestants in matters of Religion hath varied from that of other Subjects they have been in the Right and have acted most agreeably to the interest and safety of the Kingdom But it can be no reflection upon them to recall into their memories that the whole tenor of the King's actings towards them both when Duke of York and since he came to the Crown hath been such as might render it beyond dispute that they are so far from having any singular room in his favour that he bears them neither pity nor compassion but that they are the objects of his unchangeable indignation For not to mention how the Persecutions that were observed always to relent both upon his being at any distance from the late King and upon the abatement of his influence at any time into Counsels were constantly revived upon his return to Court and were carried on in degrees of severity proportionable to the figure he made at Whitehall and his Brothers disposedness and inclination to hearken to him surely their memories cannot be so weak and untenacious but they must remember how their sufferings were never greater nor the Laws executed with more severity upon them than since his Majesty came to ascend the Throne As it is not many years since he said publickly in Scotland that it were well if all that part of the Kingdom which is above half of the Nation where the Dissenters were known to be most numerous were turned into a hunting field so none were favoured and promoted either there or in England but such as were taken to be the most fierce and violent of all others against Fanaticks Nor were men preferred either in Church or State for their learning vertue or merit but for their passionate heats and brutal rigours to Dissenters And whereas the Papists from the very first day of his arrival at the Government had beside many other marks of his Grace this special Testimony of it of not having the penal Statutes to which they stood liable put in execution against them all the Laws to which the Dissenters were obnoxious were by his Majesty's Orders to the Judges Justices of the Peace and all other Officers Civil and Ecclesiastical most unmercifully executed Nor was there the least talk of lenity to Dissenters till the King found that he could not compass his Ends by the Church of England and prevail upon the Parliament for repealing the Tests and cancelling the other Laws in force against Papists which if they could have been wrought over unto the Fanaticks would not only have been left Pitiless and continued in the Hands of the furious Church men to exercise their Spleen upon but would have been surrendred as a Sacrifice to new Flames of Wrath if they of the Prelatical Communion had retained their wonted Animosity and thought it for their Interest to exert it either in the old or in fresh Methods But that Project not succeeding his Majesty is forced to shift Hands and to use the Pretence of extending Compassion to Dissenting Protestants that he may the more plausibly and with the less Hazard suspend and disable the Laws against Papists and make way for their Admission into all Offices Civil and Military which is the first Step and all that he is yet in a Condition to take for the Subversion of our Religion And all the celebrated Kindness to Fanaticks is only to use them as the Cat 's Paw for pulling the Chesunt out of the Fire to the Monkey and to make them stales under whose Shroud and Covert the Church of Rome may undermine and subvert all the legal Foundations of our Religion which to suffer themselves to be Instrumental in will not in the Issue turn to the Commendation of the Dissenters Wisdom or their Honesty Nor is there more Truth in the King 's declaring it to have been his constant Opinion that Conscience ought not to be constrained nor People forced in Matters of mere Religion than there is of Justice in that malicious Insiuuation in his Letter to Mr. Alsop against the Church of England That should he see cause to change his Religion he should never be of that Party of Protestants who think their only way to advance their Church is by undoing those Churches of Christians that differ from them in smaller Matters Forasmuch as he is in the mean time a Member of the most Persecuting and Bloody Society that ever was cloathed with the name of a Church and whose Cruelty towards Protestants he is careful not to Arraign by fastning his Offence at Severity upon Differences in smaller Matters which he knows that those between Rome and us are not nor so accounted of by any of the Papal Fellowship It were to be wished that the Dissenters would reflect and consider how when the late King had emitted a Declaration of Indulgence Anno 1672. upon pretended Motives of Tenderness and Compassion to his Protestant Subjects but in truth to keep all quiet at home when in Conjunction with France he was engaging in an unjust War against a Reformed State abroad and in order to steal a Liberty for the Papists to Practise their Idolatries without incurring a Suspition himself of being of the Romish Religion and in hope to wind up the Prerogative to a Paramount Power over the Law and how when the Parliament condemned the Illegality of it and would have the Declaration recalled all his Kindness to Dissenters not only immediately vanished but turned into that Rage and Fury that tho both that Parliament addressed for some Favor to be shew'd them and another voted it a Betraying of the Protestant Religion to continue the Execution of the Penal Laws upon them yet instead of their having any Mercy or Moderation exercised towards them they were thrown into a Furnace made seven times hotter than that wherein they had been scorched before And without pretending to be a Prophet I dare prognosticate and foretell that whensoever the present King hath compassed the Ends unto which this Declaration is designed to be subservient namely the placing the Papists both in the open Exercise of their Religion and in all publick Offices and Trusts and the getting a Power to be acknowledged vested in him over the Laws that then instead of the still Voice calmly whispered from Whitehall they will both hear and feel the Blasts of a mighty rushing Wind and
that upon pretended Occasions arising from the Abuse of this Indulgence or for some alledged Crimes wherein they and all other Protestants are to be involved tho their supineness and excess of Loyalty continue to be their greatest Offences this Liberty will not only be withdrawn and the old Church of England Severities revived but some of the new à là mode à France Treatments come upon the Stage and be pursued against them and all other perverse and obstinate British Hereticks The Declaration for Liberty of Conscience being injurious to the Church of England and not proceeding from any inward and real good Will to the Dissenters it will be worth our pains to inquire into and make a more ample Deduction of the Reasons upon which it was granted that the Grounds of emitting it being laid under every Man's view they who have Addressed may come to be asham'd of their Simplicity and Folly they who have not may be farther confirm'd both of the Unlawfulness and Inconveniency of doing it and that all who preserve any regard to the Protestant Religion and the Laws of England may be quickened to the use of all legal and due means for preventing the mischievous Effects which it is shapen for and which the Papists do promise themselves from it The Motives upon which His Majesty published the Declaration may be reduced to three of which as I have already made some mention so I shall now place every one of them in its several and proper light and give such Proofs and Evidence of their being the great and sole Inducements for the Emitting of it that no rational Man shall be able henceforth to make a doubt of it The first is the King's winding himself into a Supremacy and Absoluteness over the Law and the getting it acknowledged and calmly submitted unto and acquiesced in by the Subjects The Monarchies being Legal and not Despotical bounded and regulated by Laws and not to be exercised according to mere Will and Pleasure was that which he could not digest the thoughts of when a Subject and had been heard to say That he had rather Reign a day in that Absoluteness that the French King doth than an Age tied up and restrained by Rules as his Brother did And therefore to perswade the Prince of Orange to approve what he had done in dispensing with the Laws and to obtain him and the Princess to joyn with His Majesty and to employ their Interest in the Kingdom for the Repealing the Test Acts and the many other Statutes made against Roman Catholicks he used this Argument in a Message he sent to their Royal Highnesses upon that Errand that the getting it done would be greatly to the Advantage and for the increase of the Prerogative but this these two noble Princes of whose Ascent to the Throne all Protestants have so near and comfortable a Prospect were too Generous as well as Wise to be wheedled with as knowing that the Authority of the Kings and Queens of England is great enough by the Rules of the Constitution without grasping at a new Prerogative Power which as the Laws have not vested in them so it would be of no use but to inable them to do hurt And indeed it is more necessary both for the Honor and Safety of the Monarch and for the Freedom and Security of the People that the Prerogative should be confined within its ancient and legal Channels than be left to that illimited and unbounded Latitude which the late King and his present Majesty have endeavored to advance and screw it up unto That both the Declaration for Liberty of Conscience in England and the Proclamation for a Toleration in Scotland are calculated for raising the Sovereign Authority to a transcendent Power over the Laws of the two Kingdoms may be demonstrated from the Papers themselves which lay the Dispensing Power before us in terms that import no less than his Majesty's standing Free and absolved from all Ties and Restraints and his being cloathed with a Right of doing whatsoever he will For if the Stile of Royal Pleasure to suspend the Execution of such and such Laws and to forbid such and such Oaths to be required to be taken and this in the virtue of no Authority declared by the Laws to be resident in his Majesty but in the virtue of a certain vagrant and indeterminate thing called Royal Prerogative as the Power exercised in the English Declaration is worded and expressed be not enough to enlighten us sufficiently in the matter before us the Stile of Absolute Power which all the Subjects are to obey without reserve whereby the King is pleased to chalk before us the Authority exerted in the Scots Proclamation for the stopping disabling and dispensing with such and such Laws as are there referred unto and for the granting the Toleration with the other Liberties Immunities and Rights there mentioned is more than sufficient to set the Point we are discoursing beyond all possibility of rational controll As 't is one and the same Kind of Authority that is claimed over the Laws and Subjects of both Kingdoms tho for some certain reasons it be more modestly designed and expressed in the Declaration for a Liberty in England that it is in the Proclamation for a Toleration in Scotland so the utmost that the Czar of Mosco the great Mogul or the Turkish Sultan ever challenged over their respective Dominions amounts only to an Absolute Power which the King both owns the Exertion of and makes it the Fountain of all the Royal Acts exercised in the forementioned Papers And as the improving this challenged Absolute Power into an Obligation upon the Subjects to obey his Majesty without reserve is a Paraphrase upon Despotical Dominion and an advancing it to a Pitch above what any of the Ancient or Modern Tyrants ever dream'd of and beyond what the most servile part of Mankind was ever acquainted with till the present French King gave an Instance of it in making his mere Will and pleasure to be the Ground and Argument upon which his Reformed Subjects were to renounce their Religion and to turn Roman Catholicks so it is worth considering whether His Majesty who glories to imitate that Foreign Monarch may not in a little time make the like Application of this Absolute Power which his Subjects are bound to obey without reserve and whether in that case they who have Addressed to thank him for his Declaration and thereby justified the Claim of this Absolute Power being that upon which the Declaration is superstructed and from which it emergeth can avoid paying the Obedience that is demanded as a Duty in the Subject inseparably annexed thereunto That which more confirms us that the English Declaration and the Scots Proclamation are not only designed for the obtaining from the Subjects an Acknowledgment of an Absolute Power vested in the King but that no less than the Usurpation and Exercise of such a Power can warrant and support them are
the many Laws and Rights which a Jurisdiction is challenged over and exerted in reference unto in the Papers stiled by the forementioned Names All confess a Royal Prerogative settled on the Crown and appertaining to the Royal Office nor can the Supreme Magistrate be executed and discharged to the Advantage and Safety of the Community without a Power affixed unto it of superceding the Execution of some Laws at certain Junctures nor without having an Authority over the Rights of particular Men in some incident cases but then the received Customs of the respective Nations and the universal Good Preservation and Safety of the People in general are the Measures by which this Prerogative in the Crown is to be regulated and beyond which to apply or exert it is an Usurpation and Tyranny in the Ruler All the Power belonging to the Kings and Queens of England and Scotland ariseth from an Agreement and Concession of the People wherein it is stipulated what Rights Liberties and Privileges they reserved unto themselves and what Authority and Jurisdiction they delegated and made over unto the Sovereign in order to his being in a Condition to protect and defend them and that they may the better live in Peace Freedom and Safety which are the Ends for which they have chosen Kings to be over them and for the compassing whereof they originally submitted unto and pitched upon such a Form of Civil Administration Nor are the Opinions of particular Men of what Rank or Order soever they be to be admitted as an Exposition of the Extent of this Prerogative seeing they through their Dependencies upon the King and their Obnoxiousness to be influenced by selfish and personal Ends may enlarge it beyond what is for the Benefit of the Community but the immemorial course of Administration with the Sense of the whole Society signified by their Representatives in Parliament upon emerging Occasions are to be taken for the Sense Paraphrase and Declaration of the Limits of this Royal and Prerogative Power and for any to determine the Bounds of it from the Testimonies of Mercenary Lawyers or Sycophant Clergy-men in Cases wherein the Parliament have by their Votes and Resolutions settled its Boundaries is a Crime that deserves the severest Animadversion and which it is to be hoped a true English Parliament will not let pass unpunished Now a Power arising from Royal Prerogative to suspend and disable a great number of Laws at once and they of such a Nature and Tendency as the great Security of the People consists in their being maintained and which the whole Community represented in Parliaments have often disallowed and made void Princes meddling with so as to interrupt their Execution and Course is so far from being a Right inherent in the Crown that the very pretending unto it is a changing of the Government and an overthrowing of the Constitution De Laudib Leg. Angl. c. 9. Fortescue says That Rex Angliae populum Gubernat non merâ potestate Regiâ sed politicâ quia populus iis legibus gubernatur quas ipse fert the King of England doth not so properly Govern by a Power that is Regal as by a Power that is Political in that he is bound to Rule by the Laws which the People themselves chuse and enact And both Bracton and Fleta tell us Bract. l. 2. c. 16. Flet. l. 2. c. 17. That Rex Angliae habet superiores viz. legem per quam factus est Rex ac Comites Barones qui debent ei fraenum ponere the King of England hath for Superiors both the Law by which he is constituted King and which is the measure of his Governing Power and the Parliament which is to restrain him if he do amiss And thereupon we have not only that other Saying of Bracton Lib. 3. cap. 9. That Nihil aliud potest Rex nisi id solum quod jure potest The King can do nothing but what he can do by Law But we have that Famous Passage in our Parliament Rolls Rot. Parl. 7. Hen. 4. Num. 59 Non est ulla Regis prerogativa quae ex justitia aequitate quicquam derogat That there is no Prerogative belongs to the King by which he can decline from acting according to Law and Justice So careful were our Ancestors both in England and Scotland to preserve their Laws from being invaded and superceded by their Kings that they have not only by divers Parliamentary Votes and Resolutions and by several Statutes declared all Dispensations by the King from Laws and enjoyned Oaths to be null and void and not admittable by the Judges or other Executors of Law and Justice but they have often Impeached Arraigned and Condemned those to one Penalty or another that have been found to have counselled and advised Kings to an Usurpation of Power over the Laws and to a Violation of established and enacted Rules It would draw this Discourse to a length beyond what is intended should I mention the several Laws against Papists as well as against Dissenters that are suspended stop'd disabled and dispensed with in the two fore-mentioned Royal Papers and it would be an extending it much more should I make the several Reflections that the matter is capable of and which a Person of a very ordinary Understanding cannot be greatly to seek for I shall therefore only take notice of two or three Efforts which occur there of this Royal Prerogative and Absolute Power which as they are very bold and ample Exertions of them for the first time so should the next Exercises of them be proportionable there will be nothing left us of the Protestant Religion or of English Liberties and we must be contented to be Papists and Slaves or else to stand adjudged to Tyburn and Smithfield One is the Suspending the Laws which enjoyn the Oaths of Allegiance and Supremacy and the prohibiting that these Oaths be at any time hereafter required to be taken by which single Exercise of Royal Prerogative and Absolute Power the two Kingdoms are not only again subjected to a Foreign furisdiction the Miseries whereof they groaned under for several Ages but as the King is hereby deprived of the greatest Security he had from his Subjects both to himself and the Government so the Crown is rob'd of one of its chiefest Jewels namely an Authority over all the Subjects which was thought so essential to Sovereignty and Royal Dignity that it was annexed to the Imperial Crown of England and adjudged inherent in the Monarch before the Reformed Religion came to be received and established And it concerns their Royal Highnesses of Orange to whom the Right of succeeding to the Crown of Great Britain unquestionably belongs to consider whether his Majesty may not by the same Authority whereby he alienates and gives away so considerable and inherent a Branch of the Royal Jurisdiction transfer the Succession it self and dispose the Inheritance of the Crown to whom he pleaseth Nor will they
secured of an Asiatick Tameness in his Prelatical People by a Principle which they have lately imbib'd but neither learned from their Bibles nor the Statutes of the Land For the Clergy upon thinking that the Wind would always blow out of one quarter and being resolved to make that a Duty by their Learning which their Interest at that season made convenient have preached up the Doctrine of Passive Obedience to such a boundless height that they have done what in them lyes to give up themselves and all that had the Weakness to believe them fettered and bound for Sacrifices to Popish Rage and Despotical Tyranny But for my self and I hope the like of many others I thank God I am not tainted with that slavish and adulatory Doctrine as having always thought that the first Duty of every Member of a Body Politick is to the Community for whose Safety and Good Governors are instituted and that it is only to Rulers as they are found to answer the main Ends they are appointed for and to Act by the legal Rules that are Chalk'd out unto them Whether it be from my Dullness or that my Understanding is of a perverser make than other Mens I cannot tell but I could never yet be otherways minded than that the Rules of the Constitution and the Laws of the Republick or Kingdom are to be the Measures both of the Sovereign's Commands and of the Subjects Obedience and that as we are not to invade what by Concessions and Stipulations belongs unto the Ruler so we may not only Lawfully but we ought to defend what is reserved to our selves if it be invaded and broken in upon And as without such a Right in the Subjects all legal Governments and mix'd Monarchies were but empty Names and ridiculous things so wheresoever the Constitution of a Nation is such there the Prince who strives to subvert the Laws of the Society is the Traytor and Rebel and not the People who endeavor to preserve and defend them There is yet another Branch of the foresaid Oath that is of a much more unreasonable Strain than the former which is That they shall to the utmost of their Power assist defend and maintain him in the Exercise of this Absolute Power and Authority which being tack'd to our Obeying without reserve make us the greatest Slaves that eitheâ— are or ever were in the Universe Our Kings were heretofore bound to Govern according to Law and so is his present Majesty if a Coronation Oath and faith to Hereticks were not weaker than Sampson's cords proved to be but instead of that here is a new Oath imposed upon the Subjects by which they are bound to protect and defend the King in his ruling Arbitrarily It had been more than enough to have required only a calm submitting to the exercise of Absolute Power but to be enjoined to swear to assist and defend his Majesty and Successors in all things wherein they shall exert it is a plain destroying of all natural as well as civil Liberty and a robbing us of that freedom that belongs unto us both as we are men and as we are born under a free and legal Government For by this we become bound to drag our Brethren to the Stake to cut their Throats plunder their Houses imbrew our hands in the Blood of our Wives and Children if his Majesty please to make these the Instances wherein he will exert his Absolute Power and require us to assist him in the exercise of it As it was necessary to cancel all other Oaths and Tests as being directly inconsistent with this so the requiring the Scots to swear this Oath is the highest revenge he could take for their Solemn League and Covenant and for all other Oaths that lust after Arbitrariness and Popish Bigottry will pronounce to have been injurious to the Crown But no words are sufficient to express the mischiefs wrapt up in that new Oath or to declare the abhorrency that all who value the Rights and Liberties of Mankind ought to entertain for it nor to proclaim the Villany of those who shall by Addresses give thanks for the Proclamation There may a fourth thing be added whereby it will appear that his Majesty's assuming Absolute Power stands recorded in Capital Letters in his Declaration for liberty of Conscience For not being contented to omit the requiring the Oaths of Allegiance and Supremacy and the Test Oaths to be taken nor being satisfied to suspend for a season the enjoining any to be demanded to take them he tells us that it is his Royal will and pleasure that the aforesaid Oaths shall not at any time hereafter be required to be taken which is a full and direct Repealing of the Laws in which they are Enacted It hath hitherto passed for an undoubted Maxim that eorum est tollere quorum est condere they can only abrogate Laws who have Power and Authority to make them and we have heretofore been made believe that the Legislative power was not in the King alone but that the two Houses of Parliament had at least a share in it whereas here by the disabling and suspending Laws for ever the whole Legislative Power is challenged to be vested in the King and at one dash the Government of England is Subverted and changed Tho it hath been much disputed whether the King had a liberty of refusing to Assent to Bills relating to the benefit of the Publick that had passed the two Houses and if there be any sense in those words of the Coronation Oath of his being bound to Govern according to the Laws quas vulgus Elegerit he had not yet none till now that his Majesty doth it had the impudence to affirm that he might abrogate Laws without the concurrence and assent of the Lords and Commons For to say that Oaths enjoined by Laws to be required to be taken shall not at any time hereafter be required to be taken is a plain Cancelling and Repealing of these Laws or nothing of this World ever was or is nor can the wisdom of the Nation in Parliament Assembled find words more emphatical to declare their Abrogation without saying so which at this time it was necessary to forbear for fear of allarming the Kingdon too far before his Majesty be sufficiently provided against it For admitting them to continue still in being and force tho the King may promise for the non execution of them during his own time which is even a pretty bold undertaking yet he cannot assure us that the Oaths shall not be required to be taken at any time hereafter unless he have provided for an eternal Line of Popish Successors which God will not be so unmerciful as to plague us with or have gotten a Lease of a longer Life than Methusalah's which is much more than the full Century of years wished him in a late Dedication by one that stiles himself an Irishman a thing he might have forborn telling us because the Size
of his Understanding fully declares it However here is such a stroke and exercise of Absolute power as Dissolves the Government and brings us all into a State of Nature by discharging us from the ties which by virtue of Fundamental Stipulations and Statute Laws we formerly lay under forasmuch as we know no King but a King by Law nor no Power he hath but a legal Power Which through disclaiming by a challenge that the whole Legislative Authority does reside in himself he hath thrown the Gantler to three Kingdoms and provokes them to a tryal whether he be ablest to maintain his Absoluteness or they to justifie their being a free People And by virtue of the same Royal will and pleasure that he annuls which he calls suspending the Laws enjoyning the Tests and the Oaths of Allegiance and Supremacy and commands that none of these Oaths and Declarations shall at any time hereafter be required to be taken he may in some following Royal Papers give us White-hall or Hampton Court Edicts conformable to those at Verfailles which at all times hereafter we shall be bound to submit unto and stand obliged to be ruled by instead of the Common Law and Statute Book Nor is the taking upon him to stamp us new Laws exclusively of Parliamentary concurrence in the virtue of his Royal Prerogative any thing more uncouth in it self or more disagreeable to the Rules of the Constitution and what we have been constantly accustomed unto than the cassing disabling and abrogating so many old ones which that obsolete out of date as well as ill favoured thing upon Monarchs called a Parliament had a share in the enacting of I will not say that our Addressers were conscious that the getting an Absolute Power in his Majesty to be owned and acknowledged was one of the Ends for which the late Declaration was calculated and emitted but I think I have sufficiently demonstrated both that such a power it issueth and flows from and that such a power is plainly exercised in it Which whether their coming now to be told and made acquainted with it may make them repent what they have done or at least prevent their being accessory to the support of this Power in other mischievous effects that are to be dreaded from it I must leave to time to make the discovery it being impossible to foretell what a People fallen into a phrenzie may do in their paroxisms of distraction and madness Nor was the scruing himself into the possession of an Absolute power and the getting it to be owned by at least a part of the people the only Motive to the publishing the Declaration for Liberty of Conscience in England and the Proclamation for a Toleration in Scotland but a second inducement that sway'd unto it was the undermining and subverting the Protestant Religion and the opening a door for the introduction and establishment of Popery Nor was it from any compassion to Dissenters that these two Royal Papers were emitted but from his Majesty's tender love to Papists to whom as there arise many advantages for the present so the whole benefit will be found to redound to them in the issue We are told as I have already mentioned that the King is resolved to convert England or to die a Martyr and we may be sure that if he did not think the suspending the penal Laws and the dispensing with requiring of the Tests and the granting Liberty and Toleration to be means admirably adapted thereunto he would not have acted so inconsistently with himself nor in that opposition to his own designs as to have disabled these Laws and vouchsafed the Freedom that results thereupon Especially when we are told by the Liege Jesuit that the King being sensible of his growing old finds himself thereby obliged to make the greater haste and to take the larger steps lest through not living long enough to effect what he intends he should not only lose the glory of converting three Kingdoms but should leave the Papists in a worse condition than he found them His Highness the Prince of Orange very justly concludes this to be the thing aim'd at by the present Indulgence and therefore being desired to approve the Suspension of the Test Acts and to co-operate with his Majesty for the obtaining their being Repealed was pleased to answer That while he was as well as professeth himself a Protestant he would not act so unworthily as to betray the Protestant Religion which he necessarily must if he should do as he was desired Her Royal Highness the Princess of Orange has likewise the same apprehension of the tendency of the Toleration and Indulgence and therefore was pleased to say to some Scots Ministers that did themselves the honor and performed the duty that became them in going to wait upon her that she greatly commended their having no accession to the betraying of the Protestant Religion by their returning home to take the benefit of the Toleration What an indelible Reproach will it be to a company of men that pretend to be set for the defence of the Gospel and who stile themselves Ministers of Jesus Christ to be found betraying Religion thro justifying the Suspension of so many Laws whereby it was established and supported and whereby the Kingdoms were fenced about and guarded against Popery while these two noble Princes to the neglect of their own Interest in His Majesty's Favour and to the provoking him to do them all the prejudice he can in their Right of Succession to the Imperial Crown of Great Britain do signifie their open dislike of that Act of the King and that not only upon the account of its Illegality and Arbitrariness but by reason of its tendency to supplant and undermine the Reformed Religion And they are strangely blind that do not see how it powerfully operates and conduceth to the effecting of this and that in more ways and methods than are easie to be recounted For thereby our divisions are not only kept up at a time when the united Counsels and strength of all Protestants is too little against the craft and power of Rome but they who have Addressed to thank the King for his Royal Papers and become a listed and enrolled Faction to abet and stand by the King in all that naturally follows to be done for the maintaining his Declaration and justifying of the usurped Authority from which it issues 'T is matter of a melancholy consideration and turns little to the credit of Dissenters that when they of the Church of England who had with so great indiscretion promoted things to that pass which an easie improvement of would produce what hath since ensued are through being at last enlightned in the designs of the Court come so far to recover their wits as that they can no longer do the service they were wont and which was still expected from them there should be a new Tribe of men muster'd up to stand in their room and who by their
till after the expiration of twenty Years In the same manner when he had resolved to Repeal the Edict of Nantes and had given injunction for the Draught by which it was to be done he at the same season gave the Protestants all assurances of Protection and of the said Edicts being kept Inviolable To which may be added that shameful and detestable Chicanery in passing his Sacred and Royal Word that no violence should be offered any for their Religion tho at that very moment the Dragoons were upon their March with orders of exercising all manner of Cruelties und Barbarities upon them So that his Majesty of Great Britain hath a Pattern lately sent him and that by the Illustrious Monarch whom he so much admires and whom he makes it his Ambition and Glory to imitate Nor are we without proofs already how insignificant the King's Promises are except to delude and what little confidence ought to be put in them The disabling and suspending the 13th Statute of his late Parliament in Scotland wherein the Test was Confirmed and his departing from all his Promises Registred in his Letter as well as from those contained in the Speech made by the Lord Commissioner pursuant to the Instructions which he had undoubtedly receiv'd together with his having forgotten and receded from all his Promises made to the Church of England both when Duke of York and since he came to the Crown are undeniable evidences that his Royal Word is no more Sacred nor Binding than that of some other Monarchs and that whosoever of the Protestants shall be so foolish as to rely upon it will find themselves as certainly disappointed and deceived as they of the Reformed Religion elsewhere have been And while they of the Established way find so small security by the Laws which the King is bound by his Coronation Oath to observe the Dissenters cannot expect very much from a naked Promise which as it hath not a solemn Oath to enforce it so 't is both Illegal in the making and contrary to the principles of his Religion to keep Nor is it unworthy of observation that he hath not only departed from his Promises made to the Church of England but that we are told in a late Popish Pamphlet Intituled A New Test of the Church of England's Loyalty Published as it self says by Authority that they were all conditional to wit by vertue of some Mental Reservation in his Majesty's Breast and that the Conformable Clergy having failed in performing the Conditions upon which they were made the King is absolved and discharged from all Obligation of observing them The Church of England says he must give his Majesty leave not to nourish a Snake in his Bosom but rather to withdraw his Royal Protection which was promised upon the account of her constant fidelity Which as it is a plain threatning of all the Legal Clergy and a denunciation of the unjust and hard measure they are to look for so it shakes the Foundation upon which all credit unto and reliance upon his Majesty's Word can be any ways placed For tho Threatnings may have tacit Reserves because the right of executing them resides in the Threatner yet Promises are incapable of all latent conditions because every Promise vests a Right in the Promisee and that in the virtue of the words in which it is made But it is the less to be wondred at if his Majesty fly to Equivocations and Mental Reserves being both under the conduct of that Order and a Member of the Society that first taught and practised this treacherous piece of Chicanery However it may inform the Dissenters that if they be not able to answer the End for which they are depended upon or be not willing in the manner and degree that is expected or if it be not for the Interest of the Catholick Cause to have them indulged in all these cases and many more the King may be pronounced acquitted and discharged from all the Promises he hath given them as having been merely stipulatory and conditional And as he will be sure then finem facere ferendae alienae personae to lay aside the disguise that he hath now put on so if they would reflect either upon his temper or upon his Religion they might now know haud gratuitam in tanta superbia comitatem that a person of his pride would not stoop to such Flattery as his Letter to Mr. Alsop expresseth but in order to some design But what need other proof of the fallaciousness of the two Royal Papers and that no Protestants can reasonably depend upon the Royal Word there laid to pledge for the continuation of their Liberty but to look into these too Papers themselves where we shall meet expressions that may both detract from our belief of his Majesty's sincerity and awaken us to a just jealousie that the Liberty and Toleration granted by them are intended to be of no long standing and duration For while he is pleased to tell us that the granting his Subjects the free use of their Religion for the time to come is an addition to the perfect Enjoyment of their Property which has never been invaded by His Majesty since his coming to the Crown He doth in effect say that His Fidelity Truth and Integrity in what he grants in reference to Religion is to be measured and judged by the Verity that is in what He rells us as to the never having Invaded our Property And that I may Borrow an Expression from Mr. Alsop and to no less Person than to the King himself namely That tho we pretend to no refined Intellectuals nor presume to Philosophise upon Mysteries of Government yet we make some pretence to the Sense of Feeling and whatever our Dullness be can discern between what is exacted of us according to Law and what we are rob'd of by an Exerclse of Arbitrary Power For not to insist upon the violent Seisure of Mens Goods by Officers as well as Soldiers in all parts of England which looks like an Invasion upon the Properties of the Subject nor to dwell upon his keeping an Army on foot in time of Peace against the Authority as well as without the Countenance of Law which our Ancestors would have stiled an Invasion upon the whole Property of the Kingdom I would fain know by what Name we are to call his Levying the Customs and the Additional Excise before they were granted unto him by the Parliament all the legal Establishment of them upon the Nation having been only during the late King's Life till the Settlement of them upon the Crown was again renewed by Statute It were also worth his Majesties telling us what Titles are due to the Suspending the Vice-Chancellor of Cambridge a Beneficio and the turning the President of Magdalen's in Oxford out of his Headship and the Suspending Dr. Fairfax from his Fellowship if there be not an Invasion upon our Property seeing every part of this is against all
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 Predecessoâ—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
Fear or Courtship have enrolled themselves into the List of Addressers and under pretence of giving thanks to the King for his promise of protecting the Archbishops Bishops and Clergy and all other of the Church of England in the free exercise of their Religion as by Law established have cut the throat of their Mother at whose breasts they have suck'd till they are grown fat both by acknowledging the usurped Prerogative upon which the King assumes the Right and Authority of emitting the Declaration and by exchanging the legal standing and security of their Church into that precarious one of the Royal Word which they fly unto as the bottom of her Subsistence and trust to as the wall of her defence And as most of the Members of the Separate Societies are free from all accession to Addressing and the few that concurred were merely drawn in by the wheedle and importunity of their Preachers so they who are of the chiefest Character and greatest reputation for Wisdom and Learning among the Ministers have preserved themselves from all folly and treachery of that kind The Apostle tells us that not many wise not many noble are called which as it is verified in many of the Dissenting Addressers so it may serve for some kind of Apology for their low and sneaking as well as for their indiscreet and imprudent behaviour in this matter And it is the more venial in some of them as being not only a means of ingratiating themselves as they fansie with the King who heretofore had no very good opinion of them but as being both an easie and compendious method of Attoning for Offences against the Crown of which they were strongly suspected and a cheap and expenceless way of purchasing the pardon of their Relations that had stood actually accused of High Treason Nor is it to be doubted but that as the King will retain very little favour and mercy for Fanaticks when once he has served his Ends upon them so they will preserve as little kindness for the Papists if they can but obtain relief in a legal way And as there is not a People in the Kingdom that will be more loyal to Princes while they continue so to govern as that Fealty by the Laws of God or Man remains due to them so there are none of what Principles or Communion soever upon whom the Kingdom in its whole interest come to lye at stake may more assuredly and with greater confidence depend than upon the generality of Dissenting Protestants and especially upon those that are not of the Pastoral Order The severities that the Dissenters lay under before and their deliverance from Oppression and Disturbance now seconded with the Kings expectation and demands of thanksgiving Addresses were strong Temptations upon men void of generosity and greatness of spirit and who are withal of no great political Wisdom nor of prospect into the Consequences of Councils and Tricks of State to act as illegally in their thanks as his Majesty had done in his bounty So that whatsoever Animadversion they may deserve should they be proceeded against according to their demerit yet it is to be hoped that both they and the Addressers of the former stamp may all find room in an Act of Indemnity and that the Mercy of the Nation towards them will triumph over and get the better of its Justice As it would argue a strange and judicial infatuation should they proceed to farther excesses and think to escape the Punishment due to one Crime by committing and taking sanctuary in another thro improving their Complements into actions of Treachery so all their hope of Pardon as well as of Lenity and Moderation from a true Protestant and rightly constituted Authority depends upon their conduct and behaviour henceforward and their not suffering themselves to be hurried and deluded into a cooperation with the Court for the obtaining of a Popish Parliament All their endeavours of that kind would but more clearly detect and manifest their treachery to Religion and the Kingdom it not being in their power to out-vote the honest English part of the People so as to help the King to such a House of Commons as he desires and were it possible that thro their assistance in conjunction with violence and tricks used in Elections and Returns by the Court such a House of Commons might be obtained as would be serviceable to Arbitrary and Papal Ends yet neither the King nor they would be the nearer the compassing what is aim'd at it being demonstrable that the majority of the House of Lords are never to be wrought over to justifie this illegal Declaration or to grant the King a Power of Suspending Laws at his pleasure nor to give their Assent to a Bill for Repealing the Test Acts and the Statutes that enjoyn and require the Oaths of Allegiance and Supremacy And if they should be so far left of God and betray'd by those among themselves whom the Court hath gained as to become guilty of so enormous an act of folly and villany and should the Election of the next Parliament be the happy juncture they wait for and the improving their interest as well as the giving their own Votes for the Choice of Papists into the House of Commons be what they mean by an essential proof of their Loyalty and of the sincerity of their humble Addresses See Mr. Alsop's Speech to the King and that whereby they intend to demonstrate that the greatest thing they have promised is the least thing they will perform for his Majesties service and satisfaction as in that case they will deserve to forfeit all hopes of being forgiven so it would be an infidelity to God and Men and a cruelty to our selves and our Posterity not to abandon them as betrayers of Religion expunge them out of the Roll of Protestants strip them of all that wherein free Subjects have a Legal Right and not to condemn them to the utmost punishments which the Laws of the Kingdom adjudge the worst of Traitors and Malefactors unto There are some who thro hating of them do wish their miscarrying and offending to so unpardonable a degree that they may hereafter be furnished with an advantage both of ruining them and the whole Dissenting Party for their sakes But as the love that I bear unto them and the perswasion and belief I have of the truth of their Religious Principles do make me exceeding sollicitous to have them kept and prevented from being hurried and transported into so fatal and criminal a behaviour so I desire to make no other excuse for my plain dealing towards them but that of Solomon who tells us that faithful are the wounds of a friend while the kisses of an Enemy are deceitful and that he who rebukes a man shall find more favour afterwards than he who flattereth with the tongue POSTSCRIPT SInce the foregoing Sheets went to the Press and while they were Printing off there is come to my hands a new
Proclamation dated at Windsor the 28th of June 1687 for granting further Liberty in Scotland and which was published there by an Order of the Privy Council of that Kingdom bearing date at Edinburgh the 5. of July This Superfoetation of one Proclamation after another in reference to the same thing is so apportioned and parallel to the late French method of emitting Edicts in relation to those of the Reformed Religion in that Kingdom that they seem to proceed out of one mint to be calculated for the same end and to be designed for the compassing and obtaining the like effects For assoon as an Alarm was taken at the publishing of some unreasonable and rigorous Edict there used often to follow another of a milder strain which was pretended to be either for the moderating the severities of the former or to remove and rectifie what they were pleased to call misconstructions unduly put upon it but the true end whereof was only to stifle and extinguish the Jealousies and Apprehensions that the other had begotten and excited and which had they not been calmed and allay'd might have awakened the Protestants there to provide for their safety by a timely withdrawing into other Countries if they had not been provoked to generous endeavours of preventing the final suppression of their Religion and for obviating the ruin which that Court had projected against them and was hastning to involve them under Nor does my suspicion of his Majesties pursuing the same design against Protestants which the great Louis glories to have accomplished proceed merely from that conjunction of Counsels that all the world observes between Whitehall and Versailles nor merely from the Kings abandoning his Nephew and Son-in-law the Prince of Orange and not so much as interposing to obtain satisfaction to be given him for the many Injuries Damages Spoiles and Robberies as well as Affronts done him by that haughty Monarch when one vigorous Application could not fail to effect it nor yet merely from that agreeableness in their proceedures through the King of England's imitating that Foreign Potentate and making the whole course that hath been taken in France the Pattern of all his actings in Great Britain but I am much confirmed in my fears and jealousies by remembring a passage in one of Mr. Coleman's Letters who as he very well knew what the then Duke of York had been for many years engaged in against our Religion and Civil Lberties and under what Vows and Promises he was not to desist from prosecuting what had been resolved upon and undertaken so he had the confidence to say that his Master's design and that of the King of France was one and the same and that this was no less as he farther informs us than the extirpating the Northern Heresie Had the King of England acted with sincerity from that noble Principle that Conscience ought not to be constrained nor People forced in matters of mere Religion as he would delude weak and easie People to believe and had not all his Arbitrary and illegal proceedings in granting Liberty to Dissenting Protestants been to subserve and promote other Designs which it is not yet seasonable and convenient to discover and avow he would have then acted with that conformity to the Principle he professeth to be under the Influence and Government of and with that consonancy and harmonious agreeableness in all the degrees of Indulgence vouchsafed to those of the Reformed Religion in England and Scotland that differ from them of the Established way that there would have needed no second Proclamation apporting new measures of Liberty and favour to Scots Dissenters seeing they would have had it granted them at first in the same latitude and illimitedness that it was bestowed upon the English Nonconformists But when Princes carry on and pursue mischievous designs under the palliations of Religion publick good and the Right of Mankind it comes often to pass through adapting their methods to what they mean and intend and not to what they pretend and give out that their crafty projections by being not sufficiently accommodated to their purposes prove ineffectual to the compassing what was aim'd at and this forceth them to a new Game of Falshood and Subtilety but still under the old varnish and gloss and obligeth them to have recourse to means that may be more proportioned than the former were for their reaching the End that they ubtimately drive at Thence it is that those Rulers who are engaged in the Prosecution of wicked and unjustifiable Designs are necessitated not only to apply themselves to opposite Methods towards different Parties and those such as must be suited and apportioned to their discrepant Interest without the accommodating of which they can neither hope to mould them to that tame and servile Compliance nor work them up to that active and vigorous abetting of their malicious and crafty Projections as is necessary for the rendring them Successful but they are forced to vary their Proceedings towards one and the same Party and that as well when the ways they have acted in towards them are found inadequate to the end unto which they were calculated as when the mischief hid under them comes to be too soon discovered This weak and short-sighted People fancy to arise from an uncertainty in Princes Counsels and from their being at no Consistency with themselves but they who can penetrate into Affairs and that do consider things more narrowly can easily discern that all this Variation Diversity and shifting of Methods in Rulers Actings proceed from other Causes and that it is their Stability and Perseverance in an illegal and wicked Design that compels them to those crooked and contrary Courses either for the gaining the unwary and ill-applied Concurrence of their Subject to the hastning Distress and Desolation upon themselves or for the throwing them into that Lethargy and under that Supineness as may hinder them from all Endeavors of obstructing and diverting the Evils that their Governours are seeking to bring upon them Nor is there a more certain Indication of a Princes being engaged in a Design contrary to the good and happiness of the Society over which he is set than his betaking himself to illegal ways upon pretence of promoting the ease and benefit of his People or according as he finds his Subjects to differ in their particular Interests his applying himself to them in Methods whereof the contrariety of the one to the other renders them the more proper and adapted to ensnare the divided Factions through accosting each of them with something that they are severally fond of Legal means are always sufficient to the pursuing and compassing legal Ends and whatsoever is for the general good of the Community may either be obtained by Courses wherein the Generality find their united Interest and common Felicity or else by Application to a Parliament freely and duly chosen which as it represents the whole Politick Society so there may be expected most Compassion and
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
and of which you have seen so fresh an instance that we need not put you in mind of it You know how many of your Fellow-Officers have been used for their standing firm to the Protestant Religion and to the Laws of England and you cannot flatter your selves so far as to expect to be better used if those who have broke their word so often should by your means be brought out of those Straits to which they are reduced at present We hope likewise that you will not suffer your selves to be abused by a false Notion of Honour but that you will in the first place consider what you owe to Almighty God and your Religion to your Country to your Selves and to your Posterity which you as Men of Honour ought to prefer to all private Considerations and Engagements whatsoever We do therefore expect that you will consider the Honour that is now set before you of being the Instruments of serving your Country and securing your Religion and We will ever remember the Service you shall do Us upon this Occasion and will promise unto you that We shall place such particular Marks of our Favour on every one of you as your Behaviour at this time shall deserve of Us and the Nation in which we will make a great Distinction of those that shall come seasonably to join their Arms with ours and you shall find us to be Your Well-wishing and Assured Friend W. H. P. O. Prince George 's Letter to the King SIR WITH a Heart full of Grief am I forced to Write what Prudence will not permit me to say to your Face And may I e'er find Credit with your Majesty and protection from Heaven as what I now do is free from Passion Vanity or Design with which Actions of this Nature are too often accompanied I am not ignorant of the frequent Mischiefs wrought in the World by factious pretences of Religion but were not Religion the most justifiable Cause it would not be made the most specious pretence And your Majesty has always shewn too uninterested a Sense of Religion to doubt the just Effects of it in one whose Practices have I hope never given the World cause to censure his real conviction of it or his backwardness to perform what his Honour and Conscience prompt him to How then can I longer disguise my just Concern for that Religion in which I have been so happily Educated which my Judgment throughly convinces me to be best and for the Support of which I am so highly interested in my Native Country And is not England now by the most endearing Tie become so Whilst the restless Spirits of the Enemies of the REFORMED RELIGION back'd by the cruel Zeal and prevailing Power of France justly alarm and unite all the Protestant Princes of Christendom and engage them in so vast an Expence for the support of it can I act so degenerous and mean a part as to deny my Concurrence to such worthy Endeavours for disabusing of your Majesty by the Reinforcement of those Laws and Establishment of that Government on which alone depends the well-being of your Majesty and of the PROTESTANT RELIGION in Europe This Sir is that irresistible and only Cause that cou'd come in Competition with my Duty and Obligations to your Majesty and be able to tear me from You whilst the same Affectionate Desire of serving You continues in me Could I secure your Person by the Hazard of my Life I should think it could not be better Employed And wou'd to God these Your distracted Kingdoms might yet receive that satisfactory Compliance from your Majesty in all their justifiable pretensions as might upon the only sure Foundation that of the Love and Interest of your Subjects establish your Government and as strongly Unite the Hearts of all your Subjects to You as is that of SIR Your Majesty's most Humble and most Obedient Son and Servant The Lord Churchill 's Letter to the King SIR SInce Men are seldom suspected of Sincerity when they act contrary to their Interests and though my dutiful Behaviour to your Majesty in the worst of Times for which I acknowledge my poor Services much over paid may not be sufficient to incline You to a charitable Interpretation of my Actions yet I hope the great Advantage I enjoy under Your Majesty which I can never expect in any other change of Government may reasonably convince Your Majesty and the World that I am acted by a higher Principle when I offer that violence to my inclination and interest as to desert Your Majesty at a time when your Affairs seem to challenge the strictest Obedience from all your Subjects much more from one who lies under the greatest personal Obligations imaginable to Your Majesty This Sir could proceed from nothing but the inviolable Dictates of my CONSCIENCE and a necessary concern for my RELIGION which no good man can oppose and with which I am instructed nothing ought to come in Competition Heaven knows with what partiality my dutiful Opinion of Your Majesty hath hitherto represented those unhappy Designs which inconsiderate and self-interested men have framed against Your Majesty's true Interest and the Protestant Religion But as I can no longer joyn with such to give a pretence by Conquest to bring them to effect so will I always with the hazard of my Life and Fortune so much your Majesty's due endeavour to preserve Your Royal Person and Lawful Rights with all the tender Concern and dutiful Respect that becomes SIR Your Majesty's most Dutiful and most Obliged Subject and Servant The Princess Ann of Denmark 's Letter to the Queen Madam I Beg your pardon if I am so deeply affected with the surprising News of the Princes being gon as not to be able to see You but to leave this Paper to Express my humble Duty to the King and your Self and to let You know that I am 〈◊〉 to absent my self to avoid the King's Displeasure which I am not able to bear â—ur ther against the Prince or my Self And I shall stay at so great a distance as not to return before I hear the happy News of a Reconcilement And as I am confident the Prince did not leave the King with any other design than to use all possible means for His Preservation so I hope You will do me the Justice to believe that I am uncapable of following Him for any other End Never was any one in such an unhappy Condition so divided between Duty and Affection to a Father and a Husband and therefore I know not what to do but to follow one to preserve the other I see the general falling off of the Nobility and Gentry who avow to have no other end than to prevail with the King to secure their Religion which they saw so much in danger by the Violent Counsels of the Priests who to promote their own Religion did not care to what dangers they exposed the King I am fully perswaded that the Prince of
Orange designs the King's safety and preservation and hope all things may be composed without more Blood-shed by the calling a Parliament God grant a happy End to these Troubles that the King's Reign may be prosperous and that I may shortly meet You in perfect peace and safety till when let me beg You to continue the same favourable Opinion that You have hitherto had of Your most Obedient Daughter and Servant ANNE A Memorial of the Protestants of the Church of England Presented to their Royal Highnesses the Prince and Princess of Orange YOur Royal Highnesses cannot be ignorant that the Protestants of England who continue true to their Religion and the Government Established by Law have been many ways troubled and vexed by restless contrivances and designs of the Papists under pretence of the Royal Authority and things required of them unaccountable before God and Man Ecclesiastical Benefices and Preferments taken from them without any other Reason but the King's Pleasure that they have been summoned and sentenced by Ecclesiastical Commissioners contrary to Law deprived of their Birth-Right in the free Choice of their Magistrates and Representatives divers Corporations dissolved the Legal Security of our Religion and Liberty established and ratified by King and Parliament annull'd and overthrown by a pretended Dispensing Power new and unheard of Maxims have been preached as if Subjects had no Right but what depends on the King's Will and Pleasure The Militia put into the Hands of persons not qualified by Law and a Popish Mercenary Army maintained in the Kingdom in time of Peace absolutely contrary to Law The Execution of the Law against several high Crimes and Misdemeanours superseded and prohibited the Statutes against Correspondence with the Court of Rome Papal Jurisdiction and Popish Priests suspended that in Courts of Justice those Judges are displaced who dare acquit them whom the King would have Condemned as happened to Judg Powel and Holloway for acquitting the Seven Bishops Liberty of chusing Members of Parliament notwithstanding all the Care taken and Provision made by Law on that behalf wholly taken away by Quo Warranto's served against Corporations and the three known Questions All things carried on in open view for the Propagation and Growth of Popery for which the Courts of England and France have so long joyntly laboured with so much Application and Earnestness Endeavours used to perswade your Royal Highnesses to consent to Liberty of Conscience and abrogating the Penal Laws and Tests wherein they fell short of their aim That they most humbly implore the Protection of your Royal Highnesses as to the 〈◊〉 ending and incroachments made upon the Law for maintenance of the Protestant Religion our Civil and Fundamental Rights and Priviledg and that Your Royal Highness would be pleased to insist that the Free Parliament of England according to Law may be restored the Laws against Papists Priests Papal Jurisdiction c. put in Execution and the Suspending and Dispensing Power declared null and void the Rights and Priviledges of the City of London the free Choice of their Magistrates and the Liâ—â—â—ties as well of that as other Corporations restored and all things returned to their 〈◊〉 Channel c. Admiral Herbert 's Letter to all Commanders of Ships and Seamen in His Majesties Fleet. Gentlemen I Have little to add to what his Highness has express'd in general Terms besides laying before you the dangerous way you are at present in where Ruin or Infamy must inevitably attend you if you don't joyn with the Prince in the Common Cause for the Defence of your Religion and Liberties for should it please God for the sins of the English Nation to suffer your Arms to prevail to what can your Victory serve you but to enslave you deeper and overthrow the true Religion in which you have liv'd and your Fathers dy'd Of which I beg you as a Friend to consider the Consequences and to reflect on the Blot and Infamy it will bring on you not only now but in all After-Ages That by Your means the Protestant Religion was destroy'd and your Country depriv'd of its Ancient Liberties And if it pleases God to bless the Prince's Endeavours with success as I don't doubt but he will consider then what their Condition will be that oppose him in this so good a Design where the greatest Favour they can hope for is their being suffer'd to end their Days in Misery and Want detested and despised by all good Men. It is therefore and for many more Reasons too long to insert here that I as a true English-man and your Friend exhort you to joyn your Arms to the Prince for the Defence of the Common Cause the Protestant Religion and the Liberties of your Country It is what I am well assured the major and best part of the Army as well as the Nation will do so soon as convenience is offered Prevent them in so good an Action whilst it is in your power and may it appear That as the Kingdom hath always depended on the Navy for its Defence so you will yet go further by making it as much as in you lies the Protection of her Religion and Liberties and then you may assure your selves of all Marks of Favour and Honour suitable to the Merits of so great and glorious an Action After this I ought not to add so inconsiderable a thing as that it will for ever engage me to be in a most particular manner Your faithful Friend and humble Servant AR. HERBERT Aboard the Leyden in the Gooree Lord Delamear 's Speech THE occasion of this is to give you my Thoughts upon the present Conjuncture which concerns not only you but every Protestant and Free-born Man of England I am confident that wishes well to the Protestant Religion and his Country and I am perswaded that every Man of you thinks both in danger and now to lie at stake I am also perswaded that every Man of you will rejoyce to see Religion and Property settled if so then I am not mistaken in my Conjectures concerning you Can you ever hope for a better Occasion to root out POPERY and SLAVERY than by joining with the P. of O. whose Proposals contain and speak the Desires of every Man that loves his Religion and Liberty And in saying this I will invite you to nothing but what I will do my self and I will not desire any of you to go any further than I will move my self neither will I put you upon any Danger where I will not take share in it I propose this to you not as you are my Tenants but as my Friends and as you are Englishmen No Man can love Fighting for its own sake nor find any pleasure in danger And you may imagine I would be very glad to spend the rest of my days in peace I having had so great a share in Troubles but I see all lies at stake I am to chuse whether I will be a Slave and a Papist or a
Consent of Parliament is against Law That the Subjects which are Protestants may have Arms for their Defence suitable to their Condition and as allowed by Law That Election of Members of Parliament ought to be Free That the Freedom of Speech and Debates or Proceedings in Parliament ought not to be impeached or questioned in any Court or place out of Parliament That excessive Bail ought not to be required nor excessive Fines imposed nor cruel and unusual Punishments inflicted That Jurors ought to be duly empannell'd and return'd and Jurors which pass upon Men in Tryals for High-Treason ought to be Freeholders That all grants and promises of Fines and Forfeitures of particular Persons before Conviction are Illegal and Void And that for Redress of all Grievances and for the amending strengthening and preserving of the Laws Parliaments ought to be held frequently And they do claim demand and insist upon all and singular the Premises as their undoubted Rights and Liberties and that no Declarations Judgments Doings or Proceedings to the prejudice of the People in any of the said Premises ought in any wise to be drawn hereafter into Consequence or Example To which Demand of their Rights they are particularly encouraged by the Declaration of His Highness the Prince of Orange as being the only Means for obtaining a full redress and remedy therein Having therefore an intire Confidence that his said Highness the Prince of Orange will perfect the Deliverance so far advanced by Him and will still preserve them from the Violation of their Rights which they have here asserted and from all other Attempts upon their Religion Rights and Liberties The said Lords Spiritual and Temporal and Commons Assembled at Westminster do resolve That William and Mary Prince and Princess of Orange be and be declared King and Queen of England France and Ireland and the Dominions thereunto belonging to hold the Crown and Royal Dignity of the said Kingdoms and Dominions to them the said Prince and Princess during their Lives and the Life of the Survivor of them And that the sole and full Exercise of the Regal Power be only in and executed by the said Prince of Orange in the Names of the said Prince and Princess during their joynt lives and after their Deceases the said Crown and Royal Dignity of the said Kingdoms and Dominions to be to the Heirs of the Body of the said Princess and for default of such Issue to the Princess Ann of Denmark and the Heirs of Her Body and for default of such Issue to the Heirs of the Body of the said Prince of Orange And the said Lords Spiritual and Temporal and Commons do pray the said Prince and Princess of Orange to accept the same accordingly And that the Oaths hereafter mentioned be taken by all Persons of whom the Oaths of Allegiance and Supremacy might be required by Law instead of them and that the said Oaths of Allegiance and Supremacy 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 I A. B. do swear That I do from my Heart Abhor Detest and Abjure as Impious and Heretical this Damnable Doctrin and Position That Princes Excommunicated or Deprived by the Pope or any Authority of the See of Rome may be Deposed or Murthered by their Subjects or any other whatsoever And I do declare That no Foreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preeminence or Authority Ecclesiastical or Spiritual within this Realm So help me God Jo. Browne Cleric ' Parl. Die Veneris 15 Feb. 1688. His Majesties Gracious Answer to the Declaration of both Houses My Lords and Gentlemen THIS is certainly the greatest proof of the Trust you have in Vs that can be given which is the thing that maketh us value it the more and we thankfully Accept what you have Offered And as I had no other Intention in coming hither than to preserve your Religion Laws and Liberties so you may be sure That I shall endeavour to support them and shall be willing to concur in any thing that shall be for the Good of the Kingdom and to do all that is in my Power to advance the Welfare and Glory of the Nation Jo. Browne Cleric ' Parliamentorum Die Veneris 〈◊〉 Februarii 1688. ORdered by the Lords Spiritual and Temporal Assembled at Westminster That His Majesties Gracious Answer to the Declaration of both Houses and the Declaration be forthwith Printed and Published And that His Majesties Gracious Answer this Day be added to the Engrossed Declaration in Parchment to be Enrolled in Parliament and Chancery A PROCLAMATION WHereas it hath pleased Almighty God in his Great Mercy to this Kingdom to Vouchsafe us a Miraculous Deliverance from Popery and Arbitrary Power and that our Preservation is due next under God to the Resolution and Conduct of His Highness the Prince of ORANGE whom God hath Chosen to be the Glorious Instrument of such an Inestimable Happiness to us and our Posterity And being highly sensible and fully persuaded of the Great and Eminent Vertues of Her Highness the Princess of ORANGE whose Zeal for the Protestant Religion will no doubt bring a Blessing along with Her upon this Nation And whereas the Lords and Commons now Assembled at Westminster have made a Declaration and Presented the same to the said Prince and Princess of ORANGE and therein desired them to Accept the Crown who have Accepted the same Accordingly We therefore the Lords Spiritual and Temporal and Commons together with the Lord Mayor and Citizens of London and others of the Commons of this Realm do with a full Consent Publish and Proclaim according to the said Declaration WILLIAM and MARY Prince and Princess of ORANGE to be KING and QUEEN of England France and Ireland with all the Dominions and Cerritories thereunto belonging Who are accordingly so to be Owned Deemed Accepted and taken by all the People of the aforesaid Realms and Dominions who are from henceforward bound to Acknowledge and Pay unto them all Faith and true Allegiance Beseeching God by whom Kings Reign to Bless King WILLIAM and Queen MARY with Long and Happy Years to Reign over Vs. God Save King WILLIAM and Queen MARY Jo. Brown Cleric ' Parliamentorum The Declaration of the Estates of Scotland concerning the Misgovernment of King James the Seventh and filling up the Throne with King William and Queen Mary THAT King James the 7th had acted irregularly 1. By His Erecting publick Schools and Societies of the Jesuits and not only allowing Mass to be publickly said but also inverting Protestant Chapels and Churches to Publick Mass-houses contrary to the express Laws against saying and hearing of Mass 2. By allowing Popish Books to be Printed and Dispersed by a Gift to a Popish Printer designing him Printer to his Majesties Houshold College and Chapel contrary to the Laws
3. By taking the Children of Protestant Noblemen and Gentlemen sending them abroad to be bred Papists making great Funds and Donations to Popish Schools and Colleges abroad bestowing Pensions on Priests and perverting Protestants from their Religion by Offers of Places Preferments and Pensions 4. By disarming Protestants while at the same time he employed Papists in the Places of greatest Trust Civil and Military such as Chancellor Secretaries Privy Councellors and Lords of Session thrusting out Protestants to make room for Papists and intrusting the Forts and Magazines of the Kingdom in their hands 5. By Imposing Oaths contrary to Law 6. By giving Gifts and Grants for exacting of Mony without Consent of Parliament or Convention of Estates 7. By Levying and keeping on foot a standing Army in time of Peace without consent of Parliament which Army did exact Locality free and day Quarters 8. By Employing the Officers of the Army as Judges through the Kingdom and imposing them where there were held Offices and Jurisdictions by whom many of the Leiges were put to Death summarily without legal Tryal Jury or Record 9. By imposing exorbitant Fines to the Value of the Parties Estates exacting extravagant Bail and disposing Fines and Forfaulture before any Process or Conviction 10. By Imprisoning Persons without expressing the Reason and delaying to put them to Tryal 11. By causing pursue and forfault several Persons upon stretches of old and obsolete Laws upon frivolous and weak pretences upon lame and defective Probations as particularly the late Earl of Argyle to the scandal and reproach of the Justice of the Nation 12. By Subverting the Right of the Royal Boroughs the Third Estate of Parliament imposing upon them not only Magistrates but also the whole Town Council and Clerks contrary to the Liberties and express Charters without the pretence either of Sentence Surrender or Consent So that the Commissioners to Parliaments being chosen by the Magistrates and Councils the King might in effect as well nominate that entire Estate of Parliament many of the said Magistrates put in by him were avowed Papists and the Burghs were forced to pay Mony for the Letters imposing these Illegal Magistrates and Council upon them 13. By sending Letters to the chief Courts of Justice not only ordering the Judges to stop and desist sine die to determine Causes but also ordering and commanding them how to proceed in Cases depending before them contrary to the express Laws And by changing the Nature of the Judges Gifts ad vitam aut culpam and giving them Commissions ad bene placitum to dispose them to compliance by Arbitrary Courses turning them out of their Offices when they did not comply 14. By granting Personal Protections for Civil Debts contrary to Law All which are utterly and directly contrary to the known Laws Freedoms and Statutes of this Realm Therefore the Estates of the Kingdom of Scotland find and declare That King James the Seventh being a profest papist did assume the Regal Power and acted as a King without ever taking the Oath required by Law and have by advice of Evil and Wicked Counsellors invaded the Fundamental Constitution of the Kingdom and altered it from a Legal limited Monarchy to an Arbitrary and Despotick Power and hath exercised the same to the subversion of the Protestant Religion and the violation of the Laws and Liberties of the Kingdom Inverting all the Ends of Government whereby he hath forfaulted the Right to the Crown and the Throne is become vacant And whereas his Royal Highness William then Prince of Orange now King of England whom it hath pleased the Almighty God to make the glorious Instrument of delivering these Kingdoms from Popery and Arbitrary Power did by advice of several Lords and Gentlemen of this Nation at London for the time call the Estates of this Kingdom to meet the Fourteenth of March last in order to such an Establishment as that their Religion Laws and Liberties might not be again in danger of being subverted And the said Estates being now assembled in a full and free Representative of this Nation taking to their most serious consideration the best means for attaining the Ends aforesaid Do in the first place as their Ancestors in the like cases have usually done for the vindicating and asserting their Ancient Rights and Liberties declare That by the Law of this Kingdom no Papist can be King or Queen of the Realm nor bear any Office whatsoever therein nor can any Protestant Successor exercise the Regal Power until he or she swear the Coronation Oath That all Proclamations asserting an Absolute Power to cass annul and disable Laws the erecting Schools and Colleges for Jesuits the inverting Protestant Chapels and Churches to publick Mass-houses and the allowing Mass to be said are contrary to Law That the allowing Popish Books to be printed and dispersed is contrary to Law That the taking the Children of Noblemen Gentlemen and others sending and keeping them abroad to be bred Papists The making Funds and Donations to Popish Schools and Colleges the bestowing Pensions on Priests and the perverting Protestants from their Religion by offers of Places Preferments and Pensions are contrary to Law That the disarming of Protestants and imploying Papists in the Places of greatest Trust both Civil and Military the thrusting out Protestants to make room for Papists and the entrusting Papists with the Forts and Magazines of the Kingdom are contrary to Law That the Imposing Oaths without Authority of Parliament is contrary to Law That the giving Gifts or Grants for raising of Mony without the Consent of Parliament or Convention of Estates is contrary to Law That the employing Officers of the Army as Judges through the Kingdom or imposing them where there were several Offices and Jurisdictions and the putting the Lieges to death summarily and without legal Tryal Jury or Record are contrary to Law That the imposing extraordinary Fines the exacting of exorbitant Bail and the disposing of Fines and Forfaultures before Sentence are contrary to Law That the Imprisoning Persons without expressing the reason thereof and delaying to put them to Tryal are contrary to Law That the causing pursue and forfault Persons upon Stretches of old and obsolete Laws upon frivolous and weak Pretences upon lame and defective Probation as particularly the late Earl of Argyle are contrary to Law That the nominating and imposing Magistrates Councils and Clerks upon Burghs contrary to the Liberties and express Charters is contrary to Law That the sending Letters to the Courts of Justice ordaining the Judges to stop or desist from determining Causes or ordaining them how to proceed in Causes depending before them and the changing the Nature of the Judges Gifts ad vitam aut culpam unto Commissions Durante bene placito are contrary to Law That the granting Personal Protections for Civil Debts is contrary to Law That the forcing the Lieges to depone against themselves in Capital Crimes however the Punishment be restricted is contrary to Law
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 â—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
read to their Majesties the King returned to the Commissioners the following Answer WHen I engaged in this Vndertaking I had particular Regard and Consideration for Scotland and therefore I did emit a Declaration in relation to That as well as to this Kingdom which I intend to make good and effectual to them I take it very kindly that Scotland hath expressed so much Confidence in and Affection to Me They shall find Me willing to assist them in every thing that concerns the Weal and Interest of that Kingdom by making what Laws shall be necessary for the Security of their Religion Property and Liberty and to ease them of what may be justly grievous to them After which the Coronation-Oath was tendred to Their Majesties which the Earl of Argyle spoke word by word directly and the King and Queen repeated it after him holding Their Right Hands up after the manner of taking Oaths in Scotland The Meeting of the Estates of Scotland did Authorize their Commissioners to represent to His Majesty That that Clause in the Oath in relation to the rooting out of Hereticks did not import the destroying of Hereticks And that by the Law of Scotland no Man was to be persecuted for his private Opinion And even Obstinate and Convicted Hereticks were only to be denounced Rebels or Outlawed whereby their Moveable Estates are Confiscated His Majesty at the repeating that Clause in the Oath Did declare that He did not mean by these words That He was under any Obligation to become a Persecutor To which the Commissioners made Answer That neither the meaning of the Oath or the Law of Scotland did import it Then the King replyed That He took the Oath in that Sense and called for Witnesses the Commissioners and others present And then both Their Majesties Signed the said Coronation-Oath After which the Commissioners and several of the Scotish Nobility kissed Their Majesties Hands The Coronation OATH of England The Arch-bishop or Bishop shall say WIll You solemnly Promise and Swear to govern the People of this Kingdom of England and the Dominions thereto belonging according to the Statues in Parliament agreed on and the Laws and Customs of the same The King and Queen shall say I solemnly Promise so to do Arch-bishop or Bishop Will You to Your Power cause Law and Justice in Mercy to be Executed in all Your Judgments King and Queen I Will. Arch-bishop or Bishop Will You to the utmost of Your Power Maintain the Laws of God the true Profession of the Gospel and the Protestant Reformed Religion Established by Law And will You Preserve unto the Bishops and Clergy of this Realm and to the Churches committed to their Charge all such Rights and Priviledges as by Law do or shall appertain unto them or any of them King and Queen All this I Promise to do After this the King and Qeen laying His and Her Hand upon the Holy Gospels shall say King and Queen The Things which I have here before Promised I will Perform and Keep So help me God Then the King and Queen shall kiss the Book The Coronation OATH of Scotland WE William and Mary King and Queen of Scotland faithfully Promise and Swear by this Our solemn Oath in presence of the Eternal God that during the whole course of Our Life we will serve the same Eternal God to the uttermost of Our Power according as he has required in his most holy Word reveal'd and contain'd in the New and Old Testament and according to the same Word shall maintain the True Religion of Christ Jesus the Preaching of his holy Word and the due and right Ministration of the Sacraments now Received and Preached within the Realm of Scotland and shall abolish and gainstand all false Religion contrary to the same and shall Rule the People committed to our Charge according to the Will and Command of God revealed in his aforesaid Word and according to the laudable Laws and Constitutions received in this Realm no ways repugnant to the said Word of the Eternal God and shall procure to the utmost of Our Power to the Kirk of God and whole Christian People true and perfect Peace in all time coming That we shall preserve and keep inviolated the Rights and Rents with all just Privileges of the Crown of Scotland neither shall we transfer nor alienate the same That we shall forbid and repress in all Estates and Degrees Reif Oppression and all kind of wrong And we shall Command and Procure that Justice and Equity in all Judgments be keeped to all persons without exception as the Lord and Father of all Mercies shall be merciful to us And we shall be careful to root out all Hereticks and Enemies to the true Worship of God that shall be Convicted by the true Kirk of God of the aforesaid Crimes out of Our Lands and Empire of Scotland And we faithfully affirm the things above written by Our Solemn Oath God save King WILLIAM and Queen MARY Proposals humbly offered to the Lords and Commons in the present Convention for settling of the Government c. My Lords and Gentlemen YOV are Assembled upon Matters of the highest Importance to England and all Christendom and the result of your Thoughts in this Convention will make a numerous Posterity Happy or Miserable If therefore I have met with any Thing that I think worthy of your Consideration I should think my self wanting in that duty which I owe to my Country and Mankind if I should not lay it before You. If there be as some say certain Lineaments in the Face of Truth with which one cannot be deceiv'd because they are not to be counterfeited I hope the Considerations which I presume to offer You will meet with your Approbation That bringing back our Constitution to its first and purest Original refining it from some gross Abuses and supplying its Defects You may be the Joy of the present Age and the Glory of Posterity FIrst 'T is necessary to distinguish between Power it self the Designation of the Persons Governing and the Form of Government For 1. All Power is from God as the Fountain and Original 2. The Designation of the Persons and the Form of Government is either First immediately from God as in the Case of Saul and David and the Government of the Jews or Secondly from the Community chusing some Form of Government and subjecting themselves to it But it must be noted that though Saul and David had a Divine Designation yet the People assembled and in a General Assembly by their Votes freely chose them Which proves that there can be no orderly or lasting Government without Consent of the People Tacit or Express'd and God himself would not put Men under a Government without their Consent And in case of a Conquest the People may be called Prisoners or Slaves which is a state contrary to the Nature of Man but they cannot be properly Subjects till their Wills be brought to submit to the Government
and then dissolved and that several Acts passed this is the plain Judgment of another Parliament 1. Because it says they were continued which shews they had a real being capable of being continued for a Confirmation of a void Grant has no effect and Confirmation shews a Grant only voidable so the continuance there shewed it at most but voidable and when the King came and confirm'd it all was good 2. The dissolving it then shews they had a being for as ex nihilo nihil fit so super nihil nil operatur as out of nothing nothing can be made so upon nothing nothing can operate Again the King Lords and Commons make the great Corporation or Body of the Kingdom and the Commons are legally taken for the Free-holders Inst 4. p. 2. Now the Lords and Commons having Proclaimed the King the defect of this great Corporation is cured and all the Essential parts of this great Body Politique united and made compleat as plainly as when the Mayor of a Corporation dies and another is chosen the Corporation is again perfect and to say that which perfects the great Body Politique should in the same instant destroy it I mean the Parliament is to make contradictions true simul semel the perfection and destruction of this great Body at one instant and by the same Act. Then if necessity of Affairs was a forcible Argument in 1660 a time of great peace not only in England but throughout Europe and almost in all the World certainly 't is of a greater force now when England is scarce delivered from Popery and Slavery when Ireland has a mighty Army of Papists and that Kingdom in hazard of final destruction if not speedily prevented and when France has destroyed most of the Protestants there and threatens the ruine of the Low-Countries from whence God has sent the wonderful Assistance of our Gracious and therefore most Glorious King and England cannot promise safety from that Foreign Power when forty days delay which is the least can be for a new Parliament and considering we can never hope to have one more freely chosen because first it was so free from Court-influence or likelihood of all design that the Letters of Summons issued by him whom the great God in infinite Mercy raised to save us to the hazard of his Life and this done to protect the Protestant Religion and at a time when the people were all concerned for one Common interest of Religion and Liberty it would be vain when we have the best King and Queen the World affords a full house of Lords the most solemnly chosen Commons that ever were in the remembrance of any Man Living to spend Money and lose time I had almost said to despise Providence and take great pains to destroy our selves If any object Acts of Parliament mentioning Writs and Summons c. I answer the Prededent in 1660 is after all those Acts. In private cases as much as has been done in point of necessity a Bishop Provincial dies and sede vacant a Clerk is presented to a Benefice the Presentation to the Dean and Chapter is good in this case of Necessity and if in a Vacancy by the Death of a Bishop a Presentation shall be good to the Dean and Chapter rather than a prejudice should happen by the Church lying void Surely a fortiori Vacancy of the Throne may be supplied without the formality of a Writ and the great Convention turn'd to a Real Parliament A Summons in all points is of the same real force as a Writ for a Summons and a Writ differ no more than in name the thing is the same in all Substantial parts the Writ is Recorded in Chancery so are His Highnesses Letters the proper Officer Endorses the Return so he does here for the Coroner in defect of the Sheriff is the proper Officer the People Choose by Virtue of the Letters c. quae re concordant parum differunt they agree in Reality and then what difference is there between the one and the other Object A Writ must be in Actions at Common Law else all Pleading after will not make it good but Judgment given may be Reversed by a Writ of Error Answ The case differs first because Actions between party and party are Adversary Actions but Summons to Parliament are not so but are Mediums only to have â—n Election 2. In Actions at Law the Defendant may plead to the Writ but there is no plea to a Writ for electing Members to serve in Parliament and for this I have Littleton's Argument there never was such a Plea therefore none lies Object That they have not taken the Test Answ They may take the Test yet and then all which they do will be good for the Test being the distinguishing Mark of a Protestant from a Papist when that is taken the end of the Law is performed Object That the Oaths of Allegiance and Supremacy ought to be taken and that the new ones are not legal Answ The Convention being the Supream Power have abolish'd the old Oaths and have made new ones and as to the making new Oaths the like was done in Alfreds time when they chose him King vide Mirror of Justice Chap. 1. for the Heptarchy being turn'd to a Monarchy the precedent Oaths of the seven Kings could not be the same King Alfred swore Many Precedents may be cited where Laws have been made in Parliament without the King 's Writ to summon them which for brevity's sake I forbear to mention For a farewel the Objections quarrel at our Happiness fight against our Safety and aim at that which may indanger Destruction The Present Convention a Parliament I. THat the formality of the Kings Writ of Summons is not so essential to an English Parliament but that the Peers of the Realm and the Commons by their Representatives duly Elected may legally act as the great Council and representative Body of the Nation though not summoned by the King especially when the circumstances of the time are such that such Summons cannot be had will I hope appear by these following Observations First The Saxon Government was transplanted hither out of Germany where the meeting of the Saxons in such Assemblies was at certain fixed times viz. at the New and Full Moon But after their Transmigration hither Religion changing other things changed with it and the times for their publick Assemblies in conformity to the great Solemnities celebrated by Christians came to be changed to the Feasts of Easter Pentecost and the Nativity The lower we come down in Story the seldomer we find these General Assemblies to have been held and sometimes even very anciently when upon extraordinary occasions they met out of course a Precept an Edict or Sanction is mentioned to have Issued from the King But the Times and the very place of their ordinary Meeting having been certain and determined in the very first and eldest times that we meet with any mention of
owe Arbitraty Allegiance Allegiance is more in some Places and less in others but no Man can owe so much Duty to his Prince as not to have a Salvo for God and his Life and here we can owe none that is against our Laws and the Publick Good for that would destroy the Government Our Allegiance therefore must be bounded by our Laws and not by the King's Word or Will No Man can swear to obey the King's Word or Will simply but according to Law It would be Sin to tye our selves to think or speak or do what he would have us at large Our Allegiance therefore must be such as will consist with the Frame of our Government and that must be such as is couched in the Body of our Laws Other Allegiance there can be none but what is wrapt up in Courtesies and Formalities For it seems the King as well as the People is under the Law in some Sense under the direction of it though not under the constraint and therefore at his Coronation he does a kind of Fealty to the Laws and Government and swears Allegiance to them as to a Supream Lord. The Oath is not only Will you grant the Laws but will you grant and keep the Laws and Customs of England and the Answer is I grant and promise to keep them It is certain therefore no Allegiance to the King can be against Law to which he himself owes Allegiance The Case being thus far clear That the Allegiance sworn to is no other but our Legal Duty it does not hinder but that we may resist illegal Force When the King of the Scots swore allegiance to our King it did not deprive him of a just defence of his just Right by taking up arms if he were opprest And the King of England when he swore allegiance to the King of France made no scruple to take up arms against his Liege Lord in defence of his just Rights And the Old Lawyers tell us That the very Villain might in case of Rape and Murther arm against his Lord and if the Law arm a Villain against his Lord Subjects are worse than Villains if they may not arm against their Soveraign Lord's illegal Forces in defence of their Laws Lives Estates and the publick good but what makes it most evident is the Clause in King Henry's Charter which says If the King invade those Rights it is Lawful for the Kingdom to rise against him and do him what injury they can as though they owed him no Allegiance The Words are these if my Author fail me not Licet omnibus de Regno nostro contra nos insurgere omnia agere quae gravamen noster respiciant ac si nobis in nullo tenerentur Much to the same purpose is in King John's Charter which I find thus quoted Et Illi Barones cum communa totius terrae distringent gravabunt Nos Modis omnibus quibus poterunt scilicet per captionem Castrorum terrarum possessionum etalis modis quibus potuerint donet fuerint emendatum secundum Arbitrium eorum salva persona nostra Reginae nostrae Liberorum nostrorum Much may be said of this Nature about the Old Allegiance which was all couched in Homage and Fealty but this is enough to show that true Allegiance does not tye us from resisting illegal Force and Intolerable Incroachments upon our just Rights Obj. 10. But such Resistance would be against the Declaration which says It is not Lawful upon any pretence whatsoever to take up Arms against the King c. Answ The Latitude of the word Lawful causes the Scruple which at first View seems to tell us That it is sinful upon any pretence whatsoever to take up arms against the King c. But it is no good consequence to say That it is sinful because it is unlawful unless the Discourse be restrained to the Laws of God I must confess it is politically unlawful for Subjects in any Case or for any Cause whatever to take up arms against the King and those Commission'd by him because such a taking up arms here can have no political authority But it is morally lawful in all limited Governments to resist that Force that wants political power The regal power is irresistable in all Persons from the King to the petty Constable but it does not hinder but that all these Persons may be resisted when they do what they have no political power to They that have a limited power and a prescribed Duty may either act against or beyond their Commission and when they so do they may be resisted For such acts have no political power in them though the Persons have to other purposes If a Commission should be granted to a Company of Ruffians to plunder and massacre they might have something more of the King's Affections but no more of his authority than Private Robbers had and consequently might be resisted with equal Honesty None therefore can make this Declaration in its full Latitude but upon this presumption That the King and his Ministers keep perpetually within the Bounds of the Law otherwise they declare the King has an arbitrary power which is against the Fundamental Laws of this Land and a kind of Treason against the State For if he may not be resisted in any Case he may be under some moral restraint but under no political restraint and consequently the political frame of the Government must be arbitrary The meaning therefore of this Declaration can be no other but that a Man can have no Civil power or authority in any Case to take up arms against the King c. But this does not debar any man of the Natural Right of Self-defence by private arms against Inauthoritative Force Obj. 11. To this some reply that seeing God hath placed the Governing though limited Power in the King's Hand no Man may by any Natural Right or Private Defence resist his illegal Force God s Power must not be resisted though abused Answ There is a great difference between the abuse of power and the want of power and therefore this argument either supposes the power greater than it is or concludes ill The King and Parliament have indeed an arbitrary power I do not say Infinite but as Extensive as the frame of government will bear and therefore if they make a very grievous Law though they ought not for they are under a moral restraint though no political neither the King nor any of his Ministers may be resisted in the due Execution of it But the King has no power to burden us beyond or against Law and we may thank our own Weakness if ever he have Strength to do it This shows us there is a great difference betwixt the abuse of political power and the want of it Abused power must not be resisted but Force without power may The political power of arbitrary Princes is more extensive than their moral power And this tyes the Subject to Non-resistance when
he is Immorally or Unchristianly used They that subject themselves to anothers Discretion devest themselves of all defence But they that reserve property and liberty to themselves may justly defend them when they are unjustly invaded Had the King an arbitrary power which he did abuse to vex the Protestants I for my part should think my self obliged to suffer and not to resist as I believe did all the Primitive Christians but seeing he has no political power to use me as he lists and the most absolute Monarch has no moral power to do an unjust Act to his Subject I should be a senseless Fool if without any Obligation either from God or Man I should stand Blows rather than withstand them The Truth is Non-resistance stretch'd thus far under this government would make us like the Two Fools that went to the Field to fight with one Staff with which Vice Versa he that had it cudgell'd the other who stood all the while with his Hands in his pocket Valiantly bearing all the blows his Brother Fool thought good to lay on 2. Others conclude otherwise against this Doctrine and say The King having the Sacred Power Lodged in him may not be resisted though he act without or against that power for reverence of that Just power of God that is in him This looks like a piece of Courtship to God and smells more of Superstition than Divinity God requires no Honor to the prejudice of Justice or the advancement of Injustice but this too Devout kind of Reverence would inable a bad Prince to injure the Innocent and would leave Justice defenceless on Earth Just power is a Sanctuary indeed but the Sanctuary is of no larger extent than the power This is evident by the Tenour of all Commissions the granter must have a competent power of what he grants and that warrants the Executor to proceed to the End of the grant but the having power to one purpose cannot protect a Man from Resistance if he proceed to another The Chimney man that is irresistable in his Office is resistable if he gather the Corn in the Town-fields And the King that receives his Commission from the King of Heaven to execute the Law and is therefore Irresistable in the execution of it is yet resistable if he shut up all the Courts of Justice and abuse his Subjects contrary to Law In this case he acts not by the power of God but his Own by an Arm of Flesh or the Strength of Wicked men not by any political power or moral power but by the Savage power of a Beast or the malicious power of Hell And how any Honor should accrue to God by a Voluntary submitting to such a power is beyond my comprehension they are most likely to Honor God that stand up most for his power and will submit to no other I have brought in these Two Objections here because the Declaration is the most specious and obvious Plea for Non-resistance and is usually back'd with one of these Conceits that either want of political power is but abuse of political power or that a limited political power is a Sanctuary for unlimited Actions in whomsoever it rests Obj. 12. But to resist such Forces as are Commission'd by the King is against the Royal Prerogative of the Crown Answ The King has no Prerogative except such as are wrapt up in honorary Formalities but what the Law gives him we must not therefore presume a Prerogative and then conclude it Law but first find the Law and by it prove the Prerogative and when we have found the Prerogative it must be measured by what the Publick Good will bear and not by what the Absoluteness of the Prerogative will admit For no Prerogative can be used that is against the frame of the government or the publick good Interpretations of Law therefore ought rather to favour Liberty and Property than Prerogative because the benefiting of the Subject comes nearer to the End of the government than the excessive Honouring the Prince Honorary Prerogatives are in their Degree necessary and not superfluous there must be something to maintain the Reverence of Magistrates but they ought to give way to publick Interest and the rest are nothing but powers placed in the King to do good with and not good or ill as he pleases A Prerogative therefore cannot destroy a Law but it may supply its Defects pardoning a Condemn'd Innocent or a hopeful penitent or dispencing with a Law to one that by particular Accident the Law in its Rigour would undo But no Prerogative can impower the King to destroy the peoples liberty or property That dispencing power that like a State Opium casts all the Laws asleep and is an Engine of publick Mischief is no Prerogative belonging to the Crown of England but a Vice that does not belong to it For it brings guilt upon the King and damage upon the Subject and is a real diminution of the Dignities of the Crown For it and such like serve only to Impower the King to do Mischief with securely that is they give an Immunity from punishment but not from guilt As suppose the King by such a claimed Prerogative should shut up all the Courts of Justice so that none should be had he might be free from punishment but not from guilt he is clear by Necessity only not by Right the Case Transcends the Frame of the government none can Judge him that has neither Equals nor Superiors and so he escapes because he cannot be punished not because he deserves it not Thus the pretended Prerogative bespatters him and so leaves him Obj. 13. But it is against the Supremacy for the Supreme ought to have the Supreme credit both in judging what is Law and what is for the Publick Good Answ As the King is Supreme in the Executive part so the Parliament have a share in the Legislative which I take to be the very Apex of Supremacy and therefore they ought to have their share in interpreting Laws as well as the King or his Judges because none knows the meaning so well as the Makers if they be alive and if they be dead none knows the publick Necessities so well none so unlikely to deceive or be deceived being so numerous none likely to be so faithful and so unlikely to be cortupted having so great an interest in the publick good none like to be so effectual in working a compliance in the Peoples hearts seeing it is in effect their own Determination But yet they cannot do it without the King for that would place his Parliament above himself The King indeed is Supreme in the Legislative part as well as in the Executive part but he has not the whole Supremacy in the Legislative part as he has in the Executive He is the Head of that Body in which it rests but the Power like the Soul of Man is in the whole Body though most eminently in the Head The Parliament have their Existence
Cesar 's and both St. Paul in his Epistle to the Romans and St. Peter in his General Epistle have very positively condemned that pernicious Maxim but without any formal Declarations made of the Rules or Measures of Government And since both the People and Senate of Rome had acknowledged the Power that Augustus had indeed violently usurped it became Legal when it was thus submitted to and confirmed both by the Senate and People and it was established in his Family by a long Prescription when those Epistles were writ so that upon the whole matter all that is in the New Testament upon this Subject imports no more but that all Christians are bound to acquiesce in the Government and submit to it according to the Constitution that is settled by Law XI We are then at last brought to the Constitution of our English Government so that no general Considerations from Speculations about Sovereign Power nor from any Passages either of the Old and New Testament ought to determin us in this matter which must be fixed from the Laws and Regulations that have been made among us It is then certain that with relation to the executive Part of the Government the Law has lodged that singly in the King so that the whole Administration of it is in him but the Legislative Power is lodged between the King and the Two Houses of Parliament so that the Power of making and repealing Laws is not singly in the King but only so far as the Two Houses concur with him It is also clear that the King has such a determined extent of Prerogative beyond which he has no Authority as for instance if he levies Money of his People without a Law impowring him to it he goes beyond the Limits of his Power and asks that to which he has no right so that there lies no obligation on the Subject to grant it and if any in his Name use Violence for the obtaining it they are to be looked on as so many Robbers that invade our Property and they being violent Aggressours the Principle of Self-preservation seems here to take place and to warrant as violent a Resistance XII There is nothing more evident than that England is a free Nation that has its Liberties and Properties reserved to it by many positive and express Laws if then we have a right to our Property we must likewise be supposed to have a right to preserve it for those Rights are by the Law secured against the Invasions of the Prerogative and by consequence we must have a right to preserve them against those Invasions It is also evidently declared by our Law that all Orders and Warrants that are issued out in opposition to them are null of themselves and by consequence any that pretend to have Commissions from the King for those ends are to be considerd as if they had none at all since those Commissions being void of themselves are indeed no Commissions in the Construction of the Law and therefore those who act in vertue of them are still to be considered as private Persons who come to invade and disturb us It is also to be observed that there are some Points that are justly disputable and doubtful and others that are so manifest that it is plain that any Objections that can be made to them are rather forced Pretences than so much as plausible Colours It is true if the Case is doubtful the Interest of the publick Peace and Order ought to carry it but the Case is quite different when the Invasions that are made upon Liberty and Property are plain and visible to all that consider them XIII The main and great Difficulty here is that though our Government does indeed assert the Liberty of the Subject yet there are many express Laws made that lodg the Militia singly in the King that make it plainly unlawful upon any pretence whatsoever to take Arms against the King or any commissioned by him And these Laws have been put in the form of an Oath which all that have born any Employment either in Church or State have sworn and therefore those Laws for the assuring our Liberties do indeed bind the King's Conscience and may affect his Ministers yet since it is a Maxim of our Law that the King can do no wrong these cannot be carried so far as to justify our taking Arms against him be the Transgressions of Law ever so many and so manifest And since this has been the constant Doctrine of the Church of England it will be a very heavy Imputation on us if it appears that though we held those Opinions as long as the Court and the Crown have favoured us yet as soon as the Court turns against us we change our Principles XIV Here is a true Difficulty of this whole Matter and therefore it ought to be exactly considered 1. All general Words how large soever are still supposed to have a tacit exception and reserve in them if the Matter seems to require it Children are commanded to obey their Parents in all things Wives are declared by the Scripture to be subject to their Husbands in all things as the Church is unto Christ And yet how comprehensive soever these Words may seem to be there is still a reserve to be understood in them and though by our Form of Marriage the Parties swear to one another till Death them do part yet few doubt but that this Bond is dissolved by Adultery though it is not named for odious things ought not to be suspected and therefore not named upon such Occasions But when they fall out they carry still their own force with them 2. When there seem to be a Contradiction between two Articles in the Constitution we ought to examin which of the two is the most evident and the most important and so we ought to fix upon it and then we must give such an accommodating sense to that which seems to contradict it that so we may reconcile those together Here then are two seeming Contradictions in our Constitution The one is the Publick Liberty of the Nation the other is the renouncing of all Resistance in case that were invaded It is plain that our Liberty is only a thing that we enjoy at the King's Discretion and during his Pleasure if the other against all Resistance is to be understood according to the utmost extent of the Words Therefore since the chief Design of our whole Law and of all the several Rules of our Constitution is to secure and maintain our Liberty we ought to lay that down for a Conclusion that it is both the most plain and the most important of the two And therefore the other Article against Resistance ought to be so softned as that it do not destroy this 3. Since it is by a Law that Resistance is condemned we ought to understand it in such a sense as that it does not destroy all other Laws And therefore the intent of this Law must only
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
recites the daily Experiences that many of his Majesty's Subjects that adhere in their Hearts to the Popish Religion by the Infection drawn from thence by the wicked and devillish Counsel of Jesuits Seminaries and other like Persons dangerous to the Church and State are so far perverted in the point of their Loyalties and due Allegiance to the King's Majesty and the Crown of England as they are ready to entertain and execute any Treasonable Conspiracies and Practices And for the better Trial how his Majesty's Subjects stand affected in point of their Loyalties and due Obedience Enacts that it shall be lawful for any Bishop in his Diocess or any two Justices of the Peace whereof one to be of the Quorum within the Limits of their Jurisdiction out of the Session to require any Person of the age of eighteen Years or above which shall be convict or indicted of Recusancy other than Noblemen c. or which shall not have received the Sacrament twice within the Year then next past or any Person passing in or through the Country unknown that being examined upon Oath shall confess or not deny him or her self to be a Recusant and to take the Oath therein after expressed viz. c. The Oath of Allegiance So that by the occasion of imposing the Oath and by the appointing it to be tendred only to Papists or suspected Papists it is apparent that the Design of the Law-makers was to detect such Persons as were perverted or in danger to be perverted in their Loyalty by Infection drawn from the Popish Religion The form of the Oath makes it yet more evident being wholly levell'd against any Opinion of the Lawfulness of deposing the King or practising any Treason against him upon pretence of his being excommunicated or deprived by the Pope and against any Opinion of the Pope's Power to discharge Subjects from their Oaths of Fidelity to their Princes It runs thus viz. I A. B. Do truly and sincerely profess testify and declare in my Conscience before God and the World that our Soveraign Lord King James is lawful and rightful King of this Realm and of all his Majesty's Dominions and Countries And that the Pope neither of himself nor by any Authority of the Church or See of Rome or by any other means with any other hath any Power or Authority to depose the King or to dispose any of his Majesty's Kingdoms or Dominions or to authorize any Foreign Prince to invade or annoy him or his Countries or to discharge any of his Subjects of their Allegiance or Obedience to his Majesty or to give licence or leave to any of them to bear Arms raise Tumults or to offer any Violence or Hurt to his Majesty's Royal Person State or Government or to any of his Majesty's Subjects within his Majesty's Dominions Also I do swear from my Heart that notwithstanding any Declaration or Sentence of Excommunication or Deprivation made or granted or to be made or granted by the Pope or his Successors or by any Authority derived or pretended to be derived from him or his See against the said King his Heirs and Successors or any Absolution of the said Subjects from their Obedience I will bear Faith and true Allegiance to his Majesty his Heirs and Successors and him and them will defend to the uttermost of my Power against all Conspiracies and Attempts whatsoever which shall be made against his or their Persons their Crown and Dignity by reason or colour of any such Sentence or Declaration or otherwise and will do my best endeavour to disclose and make known unto his Majesty his Heirs and Successors all Treasons and traiterous Conspiracies which I shall know or hear of to be against him or any of them And I do further swear that I do from my Heart abhor and detest and abjure as impious and heretical this damnable Doctrine and Position That Princes which be excommunicated or deprived by the Pope may be deposed or murthered by their Subjects or any other whatsoever And I do believe and in Conscience am perswaded that neither the Pope nor any Person whatsoever hath Power to absolve me of this Oath or any part thereof which I acknowledg by good and lawful Authority to be lawfully administred unto me and I do renounce all Parsons and Dispensations to the contrary And all these things I do plainly and sincerely acknowledg and swear according to these express words by me spoken and according to the plain and common Sense and Vnderstanding of the same words without any Equivocation or mental Evasion or secret Reservation whatsoever And I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God And the Statute of 7 Jacobi cap. 6. recites that Whereas by a Statute made in the third Year of the said King's Reign the form of an Oath to be ministred and given to certain Persons in the same Act mentioned is limited and prescribed tending only to the Declaration of such Duty as every true and well affected Subject not only by bond of Allegiance but also by the Commandment of Almighty God ought to bear to the King his Heirs and Successors Which Oath such are infected with Popish Superstition do oppugne with many false and unsound Arguments the just defence whereof the King had therefore undertaken and worthily performed to the great contentment of all his Subjects notwithstanding the Gainsayings of Contentious Adversaries And to shew how greatly the King 's Loyal Subjects do approve the said Oath they beseech his Majesty that the said Oath be administred to all his Subjects The Pope and Authority of the See of Rome run through the first Paragraph Notwithstanding any Declaration or Sentence of Excommunication c. Governs the second Paragraph Excommunicated and deprived the Pope are the material words in the third Paragraph The fourth is added in Majorem cautelam in opposition to the Popish Doctrine of Dispensing with Oaths Absolving Subjects from their Allegiance Equivocations Mental Evasions c. So that as the Oath of Supremacy did but enforce the Antient Oath of Fealty with an acknowledgment of the Queen 's supream Authority in Ecclesiastial Causes and things as well as Temporal and a Renunciation of all Foreign Jurisdictions so the Oath of Allegiance does but enforce the same old Oath of Fealty by obliging the Subjects of England expresly to disown any lawful Authority in the Pope or See of Rome to depose invade or annoy the King his Dominions or Subjects And notwithstanding any Sentence of Excommunication Deprivation c. by the Pope c. to bear Faith and true Allegiance to the King his Heirs and lawful Successors And to abjure that Position that it is lawful to depose Princes that are Excommunicated or Deprived by the Pope Whatever is added is either Oath over and above what was exprest in the old Oath of Fealty is but as Explanatory of it and branching it out
into such Particulars as time and occasion required So that the Oaths of Supremacy and Allegiance not having altered the terms of Allegiance due from the People of England to their Princes if their Princes by antient Laws of the Realm and by the Practice of our Forefathers were liable to be deposed by the great Councils of the Nation for Male-administration Oppressions and other Exorbitances for not keeping their Coronation-Oaths for Insufficiency to govern c. then they continue still liable to be deposed in like manner the said Oaths or any Obligation contracted thereby notwithstanding For the Practice of former times I shall begin with a very antient Precedent in the Kingdom of the West-Saxons viz. Cudred King of West-Saxony being dead Sigebert his Kinsman succeeded him in that Kingdom and held it but a small time for being puft up with Pride by the Successes of King Cudred his Predecessor he grew insolent and became intolerable to his People And when he evil entreated them all manner of ways and either wrested the Laws for his own Ends or eluded them for his own Advantage Cumbra one of his chief Officers at the request of the whole People intimated their Complaints to the Savage King And because he persuaded the King to govern his People more mildly and that laying aside his Barbarity he would endeavour to appear acceptable to God and Man the King immediately commanded him to be put to Death and increasing his Tyranny became more cruel and intolerable than before whereupon in the beginning of the second Year of his Reign because he was arriv'd to an incorrigible pitch of Pride and Wickedness the NOBLES and the PEOPLE OF THE WHOLE KINGDOM assembled together and upon MATURE DELIBERATION did by UNANIMOUS CONSENT OF THEM ALL drive him out of the Kingdom In whose stead they chose Kenwolph an excellent Youth and of the Royal Blood to be King over the People and Kingdom of the West-Saxons Collect. p. 769 770. ibid. p. 795 796. Cudredo Rege West-Saxiae defuncto Sigebertus Cognatus ejus sibi in eodem Regno successit brevi tamen tempore Regnum tenens nam ex Cudredi Regis Precessoris sui eventibus tumefactus insolens intolerabilis suis fuit cum autem eos modis omnibus male tractaret legesque vel ad commodum suum depravaret vel pro commodo suo devitaret Cumbra Consul ejus Nobilissimus prece totius populi Regi fero eorum querimonias intimavit Et quia ipse Regi suaserat ut leniùs Populum suum regeret inhumanitate depositâ Deo hominibus amabilis appareret Rex eum impiâ nece mox interfici jubens populo saevior intolerabilior quà m priùs suam tyrannidem augmentavit unde in principio secundi Anni Regni sui cum incorrigibilis superbiae nequitiae esset Congregati sunt PROCERES POPVLVS totius REGNI eum PROVIDA DELIBERATIONE à Regno VNANIMI CONSENSV OMNIVM expellebant Cujus loco Kenwolfum juvenem egregium de Regiâ stirpe oriundum in Regem super Populum Regnum Wex-Saxiae elegerunt Collect. 769 770. ibidem p. 795 796. This Deposition of King Sigebert appears to have been done in a formal and orderly Manner viz. in a Convention of the Proceres and the Populus totius Regni and it was done providâ deliberatione unanimi Omnium Consensu and consequently was not an Act of Heat Rebellion or Tumultuary Insurrection of the People But was what the whole Nation apprehended to be Legal Just and according to the Constitution of their Government and no breach of their Oaths of Allegiance Nor have we any reason to wonder that the English Nation should free themselves in such a manner from Oppression if we consider that by an antient Positive Law Enacted in K. Edward the Conf. time and confirmed by William the Conqueror the Kings of England are liable to be deposed if they turn Tyrants The King because he is the Vicar of the Supream King is constituted to this end and purpose that he may govern his earthly Kingdom and the People of the Lord and especially to govern and reverence God's holy Church and defend it from Injuries and root out destroy and wholly to extirpate all Wrong-doers Which if he do not perform HE SHALL NOT RETAIN SO MUCH AS THE NAME OF A KING And a little after The King must act all things according to Law and by the Judgment of the Proceres Regni For Right and Justice ought to reign in the Realm rather than a perverse Will It is the Law that makes Right but Wilfulness Violence and Force is not Right The King ought above all things to fear and love God and to keep his Commandments throughout his Kingdom He ought also to preserve to cherish maintain govern and defend against its Adversaries the Church within his Kingdom entirely and in all freedom according to the Constitutions of the Fathers and of his Predecessors that God may be honoured above all things and always be had before Men's Eyes He ought also to set up good Laws and approv'd Customs and to abolish evil ones and put them away in his Kingdom He ought to do right Judgment in his Kingdom and maintain Justice by advice of the Proceres Regni sui All these things the King in proper Person looking upon and touching the Holy Gospels and upon the Holy and Sacred Relicks must swear in the Presence of his People and Clergy to do before he be crown'd by the Archbishops and Bishops of the Kingdom Lamb. of the Antient Laws of England pag. 142. Rex autem quia Vicarius summi Regis est ad hoc est constitutus ut Regnum terrenum Populum Domini super omnia sanctam veneretur Ecclesiam ejus regat ab injuriosis defendat maleficos ab eâ evellat destruat penitus disper Quod nisi fecerit nec nomen Regis in eo constabit Et paulò post Debet Rex omnia ritè facere in Regno per Judicium Procerum Regni Debet enim Jus Justitia magis regnare in Regno quà m voluntas prava Lex est semper quod Jus facit voluntas autem Violentia Vis non est Jus. Debet verò Rex Deum timere super omnia diligere mandata ejus per totum Regum suum servare Debet etiam sanctam Ecclesiam Regni sui cum omni integritate libertate juxta Constitutiones Patrum Praedecessorum servare fovere manutenere regere contrainimicos defendere it a ut Deus prae coeteris honoretur prae oculis semper habeatur Debet etiam bonas Leges Consuetudines approbat as erigere pravas autem delere omnes à Regno deponere Debet Judicium rectum in Regno suo facere Justitiam per Consilâ—um Procerum Regni sui tenere Ista verò debet omnia Rex in propriâ personâ inspectis tactis sacrosanctis Evangeli is
super sacras sanctas reliquias coram Regno Sacerdotio Clero jurare antequam ab Archiepiscopis Episcopis Regni coronetur Lamb. de priscis Anglorum Legibus p. 142. Another Instance of the Deposition of a King of England subsequent to this Law we find in King John's time whose Oppressions and Tyrannical Government our Histories are full of Of which take this following Account out of a very Antient Historian Whereas the said John had sworn solemnly at his Coronation as the manner is that he would preserve the Rights and Usages of the Church and Realm of England yet contrary to his Oath he subjected as far as in him lay the Kingdom of England which has always been free and made it tributary to the Pope without the Advice and Consent of his Barons subverting good Customs and introducing evil ones endeavouring by many Oppressions and many ways to enslave both the Church and the Realm which Oppressions you know better than I as having felt them by manifold Experience For which Causes when after many Applications made War was waged against him by his Barons at last amongst other things it was agreed with his express Consent that in case the said John should return to his former Villanies the Barons should be at liberty to recede from their Allegiance to him never to return to him more But he after a few days made his latter end worse than his beginning endeavouring not only to oppress his Barons but wholly to exterminate them who therefore in a GENERAL ASSEMBLY and with the APPROBATION of ALL THE REALM adjudging him unworthy to be King chose US for their Lord and King Collect. p. 1868 1869. Chron. W. Thorn Cum praefatus Johannes in Coronatione suâ solennitèr prout moris est jurasset se Jura Consuetudines Ecclesiae Regni Angliae conservaturum contra juramentum suum absque consilio vel consensu Baronum suorum idem Regnum quod semper fuit liberum quantum in ipso fuit Domino Papa subjecit fecit tributarium bonas consuetudines subvertens malas indutens tam Ecclesiam quam Regnum multis oppressionibus multisque modis studens ancellare quas oppressiones vos meliùs nostis quam nos ut qui eas familiari sensistis experimento Pro quibus cum post multas requisitiones guerra mota esset contra ipsum à Baronibus suis tandem inter caetera de ejus expresso Consensu it à convenit ut si idem Johannes ad flagitia prima rediret ipse Barones ab ejus fidelitate recederent nunquam ad eum postmodùm reversuri Verùm ipse nihilominus paucis diebus evolutis fecit novissima sua pejora prioribus studens Barones suos non tantum opprimere sed potiùs penitùs exterminare Qui DE COMMVNI REGNI CONSILIO APPROBATIONE ipsum Regno judicantes indignum nos in Regem Dominum elegerunt Collect. 1868 1869. Chron. W. Thorn Lewis his Letter to the Abbot of St. Austins Canterbury The next Instance shall be that of King Edward the Second the Record of whose Deposition if it were extant would probably disclose all the Legal Formalities that were then accounted proper for the deposing an Unjust Oppressive King But they were cancelled and imbezled as is highly probable from Rastal's Stat. pag. 170 171. compar'd with the Articles exhibited in Parliament against King Richard the Second of which hereafter in King Richard the Second's time and by his Order Yet the Articles themselves are preserv'd in the Collect. and are as followeth viz. Accorde est que Sire Edward Fitz aisnè du Roy ait le Goverment du Royalme soit Roy Couronne pur les causes que s' ensuent 1. Pur ceo que la Person le Roy n' est pas suffisant de Governer Car en tout son temps il ad estre mene governe per auters que ly ont mavaisement conseillez à deshonour de ly destruction de Saint Esglise de tout son People sanz ceo que il le vousist veer ou conuster lequel il fust bon ou mauvays ou remedie mettre au faire le voufist quant il fuit requis par les grants sages de son Royalme ou souffrir que amende fuist faite 2. Item Par son temps il ne se voloit doner à bon Counsel ne le croire ne à bon Government de son Royalme mes se ad done tous jours as Ouvrages Occupations nient Convenables enterlessant l'esploit des besoignes de son Royalme 3. Item Par defaut de bon goverment ad il perdu le Royalme d'Escoce auters Terres Seigneuries en Gascoyne Hyrland les queux son Pere le leisa en pees amistè du Roy de France dets mults des auters Grants 4. Item Par sa fiertè qualte par mauvays Counsel ad il destruit Saint Esglise les Persons de Saint Esglise tenus en prison les uns les auters en distresce auxynt plusors Grants Nobles de sa terre mys à honteuse mort enprisones exulets desheritez 5. Item Là ou il est tenus par son serment à faire droit à toute il ne l' ad pas volu faire pur son propre proffitt covetise de ly de ces maveis consailires que ount este pres de ly ne ad garde les auters Points del serment qu' il fist à son Coronement si come il fuest tenus 6. Item Il deguerpist son Royalme fist tant come en ly fust que son Royalme son People fust perduz que pys est pur la cruaute de ly defaute de sa personne il est trove incorrigible saunz esperance de amendment les queux choses sont si notoires qu' ils ne pount este desdits For these Causes De consilio assensu omnium Praelatorum Comitum Baronum totius Communitatis Regni amotus est à regimine Regni Apolog. Ade de Orleton Collect p. 2765 2766. It is accorded that Prince Edward the King 's eldest Son shall have the Government of the Kingdom and be crowned King for the Causes following 1. For that the Person of the King is insufficient to govern for that during his whole Reign he has been led and governed by others who have given him evil Counsel to his Dishonour and the Destruction of Holy-Church and of all his People he being unwilling to consider or know what was good or evil or to provide remedy even when it was required of him by the great and wise Men of his Realm or suffer any to be made 2. Also during all his time he would neither hearken to nor believe good Counsel nor apply himself to the good Government of his Realm but hath always given himself over to Things and Occupations altogether inconvenient omitting in the mean
Regnis atque populi innumerabiles in Guerrâ illâ mortem mortis periculum sustinuerunt bona quoque catalla inaestimabilia thesauros innumerabiles pro sustentatione hujus guerrae Communes Regni hujus indefesse effuderunt Et quod graviùs dolendum est jam in diebus vestris tanta onera iis imposita pro guerris vestris sustinendis supportaverunt quod ad tantam pauperiem incredibilem deducti sunt quod nec reditus suos pro suis tenementis solvere possunt nec Regi subvenire nec vitae necessaria sibi ipsis ministrare depauperatur Regia potestas Dominorum Regni magnatum infelicitas adducitur atque totius populi debilitas Nam Rex depauperari nequit qui divitem habet populum nec dives esse potest qui pauperes habet communes Et mala haec omnia redundant non solum Regi sed omnibus singulis Dominis Proceribus Regni unicuique in suo gradu Et haec omnia eveniunt per iniquos ministros Regis qui malè gubernaverunt Regem Regnum usque in praesens Et nisi manus citiùs apponamus adjutrices remedii fulcimentum adhibeamus Regnum Angliae dolorosè attenuabitur tempore quo minus opinamur Sed unum aliud de nuncio nostro superest nobis ex parte populi vestri vobis intimare Habent enim EX ANTIQUO STATUTO de facto non longe retroactis temporibus experienter quod dolendum est habito si Rex EX MALIGNO CONSILIO QUOCUNQUE vel INEPTA CONTUMACIA aut CONTEMPTU seu PROTERVA VOLUNTATE SINGULARI aut QUOVIS MODO IRREGULARI se alienaverit à populo suo nec voluerit per jura Regni Statuta ac laudabiles Ordinationes cum salubri consilio Dominorum Procerum Regni gubernari regulari sed capitose in suis insanis consiliis propriam voluntatem suam singularem proterve exercere extunc licitum est iis cum communi assensu consensu Populi Regni ipsum REGEM DE REGALI SOLIO ABROGARE propinquiorem aliquem de stirpe Regiâ loco ejus in Regni solio sublimare H. Knighton Collect. 2681. Wherefore taking wholsome Advice they sent by common Assent of the whole Parliament the Lord Thomas de Woodstock Duke of Glocester and Thomas de Arundell Bishop of Ely to the King to Eltham to salute him on behalf of the Lords and Commons of his Parliament who express'd their Desires to the King to this effect Sir The Lords and all the Commons of your Parliament have themselves commended to your most excellent Majesty desiring the Success of your invincible Honour against the Power of your Enemies and a most firm Bond of Peace and Love in your Heart towards your Subjects for your good God-wards and the good of your Soul and to the unspeakable Comfort of all your People whom you govern On whose behalf we intimate these things to you That it appears to us by an antient Statute and by laudable and approved Vsage which cannot be deny'd that our King can call together the Peers of the Realm and the Commons once a year to his Parliament as to the supream Court of the whole Kingdom in which all Right and Justice ought to shine forth without any doubt or stain as the Sun at Noon-day where Poor and Rich may find an infallible Refuge to enjoy the Refreshments of Tranquillity and Peace and for repelling of Injuries where also Errors in Government are to be reformed and the State and Government of King and Kingdom treated upon by sage Advice and the destroying and repelling of both intestine and foreign Enemies to the King and Kingdom with most Convenience and Honour may be debated upon and provided for as also in what manner the Charges incumbent upon the King and Kingdom may be born with most ease to the Commonalty They conceive likewise that since they bear the incumbent Charges it concerns them to inspect how and by whom their Goods and Chattels are expended They say also that it appears to them by an antient Statute that if the King absent himself from his Parliament voluntarily not by reason of Sickness or for any other necessary cause but through an inordinate Will shall wantonly absent himself by the space of forty days as not regarding the Vexation of his People and their great Expences it shall then be lawful to all and singular of them to return to their own Homes without the King's leave And you have now been longer absent and have refused to come to them for what cause they know not Then said the King I now plainly see that my People and the Commons design to oppose me with Force and are about to make an Insurrection against me And if I be so infested I think the best course I can take will be to _____ my Cousin the King of France and ask his Advice and pray in aid of him against those that way-lay me and rather to submit my self to him than be foil'd by my own Subjects To which they reply'd That Counsel is not for your good but will inevitably tend to your ruin for the King of France is your capital Enemy and the greatest Adversary that your Kingdom has and if he should set his foot within your Kingdom he would rather endeavour to prey upon you and invade your Realm and to depose you from your Royal Dignity than afford you any Assistance if which God forbid you should stand in need of his help Call to mind therefore how your Grand-father King Edward III and your Father Prince Edward for him fought indefatigably in Sweat and Sorrow all their days and went through innumerable Hardships of Cold and Heat to acquire the Kingdom of France which by hereditary Right appertain'd to Them and does now to You by Succession after them Remember likewise how innumerable Lords and Commons of both Realms and Kings and Gentlemen of other Kingdoms and People innumerable perished or hazarded perishing in that War and that the Commons of this Realm pour'd out Goods of inestimable value and innumerable Sums of Money for the carrying on of that same War and which is more to be lamented they have now in your days undergone such heavy Taxes towards the maintaining of your Wars that they are reduced to such incredible Poverty that they cannot so much as pay their Rents for their Farms nor aid the King nor afford themselves Necessaries and the King himself is impoverish'd and the Lords become uneasy and all the People faint for a King cannot become poor that has a rich People nor can he be rich whose People are poor And all these Mischiefs redound not to the King only but also to all and singular the Peers of the Realm in proportion And all these Mischiefs happen by means of the King 's Evil Ministers who have hitherto misgovern'd both the King and Kingdom and if some course be not taken the Kingdom of England will
be miserably diminish'd sooner than we are aware But there remains yet another part of our Message which we have to impart to you on the behalf of your People They find in an antient Statute and it has been done in fact not long ago That if the King through any Evil Counsel or foolish Contumacy or out of Scorn or some singular petulant Will of his own or by any other irregular Means shall alienate himself from his People and shall refuse to be govern'd and guided by the Laws of the Realm and the Statutes and laudable Ordinances thereof together with the wholsom Advice of the Lords and great Men of his Realm but persisting head-strong in his own hare-brain'd Counsels shall petulantly prosecute his own singular humour That then it shall be lawful for them with the common assent and consent of the People of the Realm to depose that same King from his Regal Throne and to set up some other of the Royal Blood in his room H. Knight Coll. 2681. No Man can imagine that the Lords and Commons in Parliament would have sent the King such a Message and have quoted to him an old Statute for deposing Kings that would not govern according to Law if the People of England had then apprehended that an Obedience without reserve was due to the King or if there had not been such a Statute in being And though the Record of that Excellent Law be lost as the Records of almost all our Antient Laws are yet is the Testimony of so credible an Historian who lived when these things were transacted sufficient to inform us that such a Law was then known and in being and consequently that the Terms of English Allegiance according to the Constitution of our Government are different from what some Modern Authors would persuade us they are This Difference betwixt the said King and his Parliament ended amicably betwixt them in the punishment of many Evil Counsellors by whom the King had been influenced to commit many Irregularities in Government But the Discontents of the People grew higher by his After-management of Affairs and ended in the Deposition of that King and setting up of another who was not the next Heir in Lineal Succession The Articles against King Richard the Second may be read at large in H. Knighton Collect. 2746 2747 c. and are yet extant upon Record An Abridgment of them is in Cotton's Records pag. 386 387 388. out of whom I observe these few there being in all Thirty three The First was His wasting and bestowing the Lands of the Crown upon unworthy Persons and overcharging the Commons with Exactions And that whereas certain Lords Spiritual and Temporal were assign'd in Parliament to intend the Government of the Kingdom the King by a Conventicle of his own Accomplices endeavoured to impeach them of High-Treason Another was For that the King by undue means procured divers Justices to speak against the Law to the destruction of the Duke of Glocester and the Earls of Arundel and Warwick at Shrewsbury Another For that the King against his own Promise and Pardon at a solemn Procession apprehended the Duke of Glocester and sent him to Calice there to be choaked and murthered beheading the Earl of Arundel and banishing the Earl of Warwick and the Lord Cobham Another For that the King's Retinue and a Rout gathered by him out of Cheshire committed divers Murders Rapes and other Felonies and refused to pay for their Victuals Another For that the Crown of England being freed from the Pope and all other Foreign Power the King notwithstanding procured the Pope's Excommunication on such as should break the Ordinances of the last Parliament in derogation of the Crown Statutes and Laws of the Realm Another That he made Men Sheriffs who were not named to him by the Great Officers the Justices and others of his Council and who were unfit contrary to the Laws of the Realm and in manifest breach of his Oath Another For that he did not repay to his Subjects the Debts that he had borrowed of them Another For that the King refused to execute the Laws saying That the Laws were in his Mouth and Breast and that himself alone could make and alter the Laws Another For causing Sheriffs to continue in Office above a Year contrary to the tenor of a Statute-Law thereby incurring notorious Perjury Another For that the said King procured Knights of the Shires to be returned to serve his own Will Another For that many Justices for their good Counsel given to the King were with evil Countenance and Threats rewarded Another For that the King passing into Ireland had carried with him without the Consent of the Estates of the Realm the Treasure Reliques and other Jewels of the Realm which were used safely to be kept in the King 's own Coffers from all hazard And for that the said King cancelled and razed sundry Records Another For that the said King appear'd by his Letters to the Pope to Foreign Princes and to his Subjects so variable so dissembling and so unfaithful and inconstant that no Man could trust him that knew him insomuch that he was a Scandal both to himself and the Kingdom Another That the King would commonly say amongst the Nobles that all Subjects Lives Lands and Goods were in his hands without any forfeiture which is altogether contrary to the Laws and Vsages of the Realm Another For that he suffered his Subjects to be condemned by Martial-Law contrary to his Oath and the Laws of the Realm Another For that whereas the Subjects of England are sufficiently bound to the King by their Allegiance yet the said King compell'd them to take new Oaths These Articles with some others not altogether of so general a concern being considered and the King himself confessing his Defects the same seemed sufficient to the whole Estates for the King's Deposition and he was depos'd accordingly The Substance and Drift of all is That our Kings were antiently liable to and might lawfully be deposed for Oppression and Tyranny for Insufficiency to govern c. in and by the great Council of the Nation without any breach of the old Oath of Fealty because to say nothing of the nature of our Constitution express and positive Laws warranted such Proceedings And therefore the Frame of our Government being the same still and the Terms of our Allegiance being the same now that they were then without any new Obligations superinduced by the Oaths of Allegiance and Supremacy a King of England may legally at this day for sufficient cause be deposed by the Lords and Commons assembled in a Great Council of the Kingdom without any breach of the present Oaths of Supremacy or Allegiance Quod erat demonstrandum MANTISSA WHen Stephen was King of England whom the People had chosen rather than submit to Mawd tho the Great Men of the Realm had sworn Fealty to her in her Father's life-time Henry Duke of Anjou Son of the said Mawd afterwards King Henry the Second invaded the Kingdom An. Dom. 1153 which was towards the latter-end of King Stephen's Reign and Theobald Archbishop of Canterbury endeavoured to mediate a Peace betwixt them speaking frequently with the King in private and sending many Messages to the Duke and Henry Bishop of Winchester took pains likewise to make them Friends Factum est autem ut mense Novembris in fine mensis EX PRAECEPTO REGIS ET DUCIS Collect. pag. 1374 1375. convenirent apud Wintoniam Praesules Principes Regni ut ipsi jam initae paci praeberent assensum unanimiter juramenti Sacramento confirmarent i.e. It came to pass that in the Month of November towards the latter end of the Month at the summons of the King and of the Duke the Prelats and Great Men of the Kingdom were assembled at Winchester that they also might assent to the Peace that was concluded and unanimously swear to observe it In that Parliament the Duke was declared King Stephen's adopted Son and Heir of the Kingdom and the King to retain the Government during his Life I observe only upon this Authority That there being a Controversy betwixt the King and the Duke which could no otherwise be determined and settled but in a Parliament the Summons of this Parliament were issued in the Names of both Parties concerned Quisquis habet aures ad audiendum audiat FINIS
was used c. returned by the Sheriffs c. without any denomination to the Sheriffs See Coke's Instit 3d part fol. 33. c. according to the Law of England and if any Indictment be made hereafter in any point to the contrary the same be also void and holden for none for ever See also the Statute of Westm 2d cap. 38. and Articul super Cortas cap. 9. So careful have our Parliaments been that the power of Grand Inquests might be placed in the hands of good and worthy men that if one man of a Grand Inquest though they be Twenty three or more should not be Liber Legalis Homo or such as the Law requires and duly returned without denomination to the Sheriff all the Indictments found by such a Grand Jury and the proceedings upon them are void and null So it was adjudged in Searlet's Case I know too well that the Wisdom and Care of our Ancestors in this Institution of Grand Juries hath not been of late considered as it ought nor the Laws concerning them duly observed nor have the Gentlemen and other men of Estates in the several Counties discerned how insensibly their Legal Power and Jurisdiction in their Grand and Petit Juries is decayed and much of the means to preserve their own Lives and Interests taken out of their hands 'T is a wonder that they were not more awakened with the Attempt of the late L. Ch. K. who would have usurped a Lordly Dictatorian power over the Grand Jury of Somersetshire and commanded them to find a Bill of Indictment for Murther for which they saw no Evidence and upon their refusal he not only threatned the Jury but assumed to himself an Arbitrary Power to fine them Here was a bold Battery made upon the ancient Fence of our Reputations and Lives If that Justice's Will had passed for Law all the Gentlemen of the Grand Juries must have been theâ— basest Vassals to the Judges and have been penally obliged Jurare in Verba Magistri to have sworn to the Directions or Dictates of the Judges But thanks be to God the late long Parliament though filled with Pensioners could not bear such a bold Invasion of the English Liberty but upon the Complaint of one Sir Hugh Windham Foreman of the said Jury and a Member of that Parliament the Commons brought the then Chief Justice to their Bar to acknowledge his fault whereupon the Prosecution ceased The Trust and Power of Grand Juries is and ought to be accounted amongst the greatest and of most concern next to the Legislative The Justice of the whole Kingdom in Criminal Cases almost wholly depending upon their Ability and Integrity in the due execution of their Office Besides the Concernments of all Commoners the Honour Reputation Estates and Lives of all the Nobility of England are so far submitted to their Censure that they may bring them into question for Treason or Felony at their Discretion Their Verdict must be entred upon Record against the greatest Lords and process must legally go out against them thereupon to imprison them if they can be taken or to outlaw them as the Statutes direct and if any Peer of the Realm though innocent should justly fear a Conspiracy against his Life and think fit to withdraw the direction of the Statutes in proceeding to the Outlawry being rightly pursued he could never reverse the Outlawry as the Law now stands save by Pardon or Act of Parliament Hence it appears that in case a Grand Jury should be drawn to indict a Noble Peer unjustly either by means of their own weakness or partiality or a blind submission to the Direction or Opinion of Judges One such failure of a Jury may occasion the Ruine of any of the best or greatest Families in England I mention this extent of the Grand Juries Power over all the Nobility only to shew their joint Interest and Concern with the Commons of England in this ancient Institution The Grand Juries are trusted to be the princpal means of preserving the Peace of the whole Kingdom by the terror of executing the Penal Laws against Offenders by their Wisdom Diligence and Faithfulness in making due Inquiries after all Breaches of the Peace and bringing every one to answer for his Crime at the peril of his Life Limb and Estate that every man who lives within the Law may sleep securely in his own House 'T is committed to their Charge and Trust to take care of bringing Capital Offenders to pay their Lives to Justice and lesser Criminals to other punishments according to their several demerits The Courts or Judges or Commissioners of Oyer and Terminer and of Goal-Delivery are to receive only from the Grand Inquest all Capital Matters whatsoever to be put in issue tried and judged before them by the Petit Juries The whole stream of Justice in such Cases either runs freely or is stopped and disturbed as the Grand Inquests do their Duties either faithfully and prudently or neglect or ornit them And as one part of their Duty is to indict Offenders so another part is to protect the Innocent in their Reputations Lives and Interests from false Accusers and malicious Conspirators They are to search out the Truth of such Informations as come before them and to reject the Indictment if it be not sufficiently proved and farther if they have reasonable suspicion of Malice or wicked Designs against any Man's Life or Estate by such as offer a Bill of Indictment the Laws of God and of the Kingdom bind them to use all possible means to discover the Villany and if it appear to them whereof they are the Legal Judges to be a Conspiracy or malicious Combination against the Accused they are bound by the highest Obligations upon Men and Christians not only to reject such a Bill of Indictment but to indict forthwith all the Conspirators with their Abettors and Associates Doubtless there hath been Pride and Covetousness Malice and desire of Revenge in all Ages from whence have sprung false Accusations and Conspiracies but no Age before us ever hatched such Villanies as our Popish Faction have contrived against our Religion Lives and Liberties No History affords an Example of such Forgeries Perjuries Subornations and Combinations of infamous Wretches as have been lately discovered amongst them to defame Loyal Innocent Protestants and to shed their guiltless Blood in the Form and Course of Justice and to make the King 's most faithful Subjects appear to be the vilest Traitors unto him In this our miserable State Grand Juries are our only security inasmuch as our Lives cannot be drawn into jeopardy by all the malicious Crafts of the Devil unless such a number of our honest Countrymen shall be satisfied in the truth of the Accusations For prevention of such Plotters of wickedness as now abound was that Statute made in the 42 of E. 3.3 See the Stat. 42 E. 3.3 in these words To eschew the mischiefs and damage done to divers
Land to cut off these workers of Iniquity whose Religion is Rebellion whose Faith is Faction whose practice is murthering of Souls and Bodies and to root them out of the Confines of this Kingdom VII All the Judges of England are bound by their Oath 18 Edw. III. 20 Edw. III. Cap. 1.2 and by the duty of their place to disobey all Writs Letters or Commands which are brought to them either under the little Seal or under the great Seal to hinder or delay common Right Are the Judges all bound in an Oath and by their places to break the 13 of the Romans VIII The Engagement of the Lords attending upon the King at York June 13. 1642. which was subscribed by the Lord Keeper and Thirty Nine Peers besides the Lord Chief-Justice Banks and several others of the Privy-Council was in these words We do engage our selves not to Obey any Orders or Commands whatsoever not warranted by the known Laws of the Land Was this likewise an Association against the 13 of the Romans IX A Constable represents the King's person and in the Execution of his Office is within the purview of the 13 of the Romans as all Men grant but in case he so far pervert his Office as to break the Peace and commit Murther Burglary or Robbery on the Highway he may and ought to be Resisted X. The Law of the Land is the best Expositor of the 13 of the Romans Here and in Poland the Law of the Land There XI The 13 of the Romans is receiv'd for Scripture in Poland and yet this is expressed in the Coronation Oath in that Country Quod si Sacramentum meum violavero Incola Regni nullam nobis Obedientiam praestare tenebuntur And if I shall violate my Oath the Inhabitants of the Realm shall not be bound to yield me any Obedience XII The Law of the Land according to Bracton is the highest of all the Higher Powers mentioned in this Text for it is superior to the King and made him King Lib. 3. Cap. 26. Rex habet superiorum Deum item Legem per quam factus est Rex item Curiam suam viz. Comites Barones and therefore by this Text we ought to be subject to it in the first place And according to Melancthon It is the Ordinance of God to which the Higher Powers themselves ought to be subject Vol. 3. In his Commentary on the Fifth Verse Wherefore ye must needs be subject not only for Wrath but also for Conscience sake He hath these words Neque vero haec tantum pertinent ad Subditos sed etiam ad Magistratum qui cum fiunt Tyranni non minus dissipant Ordinationem Dei quam Seditiosi Ideo ipsorum Conscientia fit rea quia non obediunt Ordinationi Dei id est Legibus quibus debent parere Ideo Comminationes hic positae etiam ad ipsos pertinent Itaque hujus mandati severitas moveat omnes ne violationem Politici status putent esse leve peccatum Neither doth this place concern Subjects only but also the Magistrates themselves who when they turn Tyrants do no less overthrow the Ordinance of God than the Seditious and therefore their Consciences too are guilty for not obeying the Ordinance of God that is the Laws which they ought to obey So that the Threatnings in this place do also belong to them wherefore let the severity of this Command deter all men from thinking the Violation of the Political Constitution to be a light Sin Corollary To destroy the Law and Legal Constitution which is the Ordinance of God by false and arbitrary Expositions of this Text is a greater Sin than to destroy it by any other means For it is Seething the Kid in his Mothers Milk CHAP. IV. Of LAWS I. THere is no Natural Obligation wereby one Man is bound to yield Obedience to another but what is founded in paternal or patriarchal Authority II. All the Subjects of a patriarchal Monarch are Princes of the Blood III. All the people of England are not Princes of the Blood IV. No Man who is Naturally Free can be bound but by his own Act and Deed. V. Publick Laws are made by publick consent and they therefore bind every man because every man's consent is involved in them VI. Nothing but the same Authority and Consent which made the Laws can Repeal Alter or Explain them VII To judge and determine Causes against Law without Law or where the Law is obscure and uncertain is to assume Legislative power VIII Power assumed without a Man's consent cannot bind him as his own Act and Deed. IX The Law of the Land is all of a piece and the same Authority which made one Law made all the rest and intended to have them all Impartially Executed X. Law on One Side is the Back-Sword of Justice XI The Best Things when Corrupted are the Worst and the wild Justice of a State of Nature is much more desirable than Law perverted and over-rul'd into Hemlock and Oppression Copies of Two Papers Written by the Late King CHARLES II. Published by His MAJESTIES Command Printed in the Year 1686. The First Paper THE Discourse we had the other Day I hope satisfied you in the main that Christ can have but one Church here upon Earth and I believe that it is as visible as that the Scripture is in Print That none can be that Church but that which is called the Roman Catholick Church I think you need not trouble your self with entring into that Ocean of particular Disputes when the main and in truth the only Question is Where that Church is which we profess to believe in the two Creeds We declare there to believe one Catholick and Apostolick Church and it is not left to every phantastical man's head to believe as he pleases but to the Church to whom Christ left the power upon Earth to govern us in matters of Faith who made these Creeds for our Directions It were a very Irrational thing to make Laws for a Country and leave it to the Inhabitants to be the Interpreters and Judges of those Laws For then every man will be his own Judge and by consequence no such thing as either right or wrong Can we therefore suppose that God Almighty would leave us at those uncertainties as to give us a Rule to go by and to leave every man to be his own Judge I do ask any ingenuous man whether it be not the same thing to follow our own Fancy or to interpret the Scripture by it I would have any man shew me where the power of deciding matters of Faith is given to every particular man Christ left his power to his Church even to forgive Sins in Heaven and left his Spirit with them which they exercised after his Resurrection First by his Apostles in these Creeds and many years after by the Council at Nice where that Creed was made that is called by that name and by the power which they