Army subsist there that must over and above pass through a Country of about twenty Leagues that is wholly laid waste and in ashes and without any Cattle in it or any other sort of necessary Provision Put the Case now that the Imperialists should break through all these Difficulties and carry an Army even into the Lorrain it self the Country of Metzin or Burgundy which would take them up the best part of a Summer too all the strong holds are in the hands of the French and the Country laid so desolate that there 's no living for an Army there When 't is come to this they must resolve either upon a Battel or Siege If the former The French are at liberty whither they will Fight or no and there 's no compelling of them for they are among their strong holds and all 's their own both behind them and on each side and the Country either burnt or deserted But carry it farther yet and suppose the French forc'd upon the Risque of a Battel First the Imperialists are not sure to get the better of it And Secondly What if they should Nay to the Degree of an entire Victory All that would be expected more for that Year would be only to take in some considerable Post and make good the ground they had gotten for the next Campagne For it would be a madness to pâ—â—sue their Victory into the heart of an Enemies Country and leave so many Garrisons upon their backs which would undoubtedly cut off all their Convoys and starve them But this is still the supposing of a Thing not to be supposed for the French in this Case would stand upon the Defensive and not to come to a Battel Or in case they should and he worsted they have Men enough in Garrison for Recruits that would immediatly reinforce them Now on the other side what if the Imperialists should chance to be routed The Garrisons which the French hold in Lorrain Burgundy and Alsatia would in such Case totally destroy that broken Army and cut out such work in Germany as has has not been known in the Empire for many Ages In this extremity let us suppose that the Empire should yet bring another Army into the Field and try the Issue of a Second Battle and miscarry And that the disaffected Princes of the Empire should declare themselves for the Enemy all that part of Germany that lies within two or three Days Journey of the Rhine would be irrecoverably lost a great part of it being so harrased already that 't is not able so much as to furnish an Army upon a March much less for a Winter Quarter Now to the Business of a Siege the French have taught us by Philipsburg and Mastricht that they want neither Skill to fortifie a Place nor Courage to defend it So that without a great loss of Time and Men it cannot be expected that the Imperialists should make themselves Masters of any considerable Place and when they shall have carried it what will a Town in Lorain or Burgundy signifie to the saving of the Spanish Netherlands which if once lost are hardly ever to be retriv'd Now taking this for granted if England does not step in with all the Speed and Vigor imaginable see what will be the end on 't First That the French being Masters of all the Posts Passes and Strong-holds in Lorrain and Burgundy may dodge and trifle the Imperialists at Pleasure and make them spend out the Year without any Advantage to the Netherlands The way would have been for the Imperialists to have prest with an Army of 50000 Men directly into the Body of France and the Confederate Troops in the Low Countries to have made another Inrode by the way of Picardy or Bologne but since the taking of Valenciennes Cambray and St. Omer there 's no possibility of piercing France that way So that a very small Army now upon the Spanish Netherlands with the help of the French Garrisons is sufficient to amuse and tire out the whole Force of Spain and Holland upon that Quarter Secondly France being thus secured on that side will unquestionably fall in with all their Power upon the Empire unless diverted by the Alarm they have now received from England Now admitting this to be the Condition of France let any Man of Sense judge what Good the Imperial Army can do to the Netherlands upon which single point depends the Fortune of Christendom What if they should March up to the Borders of France with 50000 Men Will not the French encounter them there with as many or more And with this odds too that the Imperialists suffer a thousand Incommodities in their March through a ruin'd Country Whereas the French have good Quarters and plenty of all things at hand watching the others Motions and emproving all Advantages against them Thirdly In this Posture of Affairs the Confederates must never expect to do any great Matter upon the French in these Provinces unless they do very much out number them And it is likwise to be considered that these Troubles falling out in the Minority of his Catholick Majesty the Distractions of that Government the Revolt of Sicily and great Disorders upon the Frontiers of Spain the Netherlands have been much neglected till the Elevation of his Highness Don Joan of Austria to the Dignity of Prime Minister And that it is not possible for him by reason of the many Exigencies of that Crown nearer home to send any considerable Succour to the Low Countries otherwise then by Supplies of Money So that by that time the Imperialists and the Hollanders are got into their Winter-Quarters or at least before they take the Field again the French from time to time will be ready with fresh Troops out of their Garrisons to prosecute their Conquests which by Degrees must needs break the hearts of the poor Inhabitants when they find that neither their Faith nor their Courage is able any longer to protect them And when that Day comes what by their Armies and what by other Influences the French will have as good as Subjected Two thirds of Europe And there will also occur these farther Difficulties First No body knows where the French will begin their Ataque which will oblige the Spaniard and Hollander to strengthen all their Garrisons as far as their Men will reach Secondly When the Spanish and Holland Troops shall be so dispers'd wheresoever the French sit down they must then give themselves for lost for want of an Army to relieve them beside their furious and obstinate manner of Assault for they care not how many Men they lose so they carry the place And then most of the Men too are made Prisoners of War Nor is the Season of the Year any Discouragement to them neither witness their First Irruption into Burgundy and the restless Activity of their Troops even at this Instant So soon as their work in Flanders is over which only England under Heaven is able to
do live wicked lives the Lord in mercy convert you and shew you your danger for I as little thought to come to this as any man that hears me this day and I bless God I have no more deserved it from the hands of men than the Child that sucks at his Mothers breast I bless my God for it I do say I have been a sinner against my God and he hath learned me Grace ever since I have been a Prisoner I bless my God for a Prison I bless my God for Afflictions I bless my God that ever I was restrain'd for I never knew my self till he had taken me out of the World Therefore you that have your liberties time and precious opportunities be up and be doing for God and for your Souls every one of you To his Son Where is my dear Child Mr. Sheriff I made one request to you you gave me an imperfect Answer you said you were of the best Reformed Church in the world the Church of England according to the best Reformation in the world I desire you for the satisfaction of the world to declare what Church that is whether Presbyterian or Independant or the Church of England or what Colledge Good Mr. Sheriff for your satisfaction for 20 years and above I was under the Presbyterian Ministry till his Majesties Restauration then I was conformable to the Church of England when that was restored and so continued till such time as I saw Persecution upon the Dissenting People and undue things done in their Meeting-places then I went among them to know what kind of people those were and I take God to witness since that time I have used their Meetings viz. the presbyterians others very seldom and the Church of England I did hear Dr. Tillotson not above three weeks before I was taken I heard the Church of England as frequently as I heard the Dissenters and never had any prejudice God is my witness against either but always heartily desired that they might unite and be Lovers and Friends and I had no prejudice against any man and truly I am afraid that it is not for the Nations good that there should be such Heart-burnings between them That some of the Church of England will preach that the Presbyterians are worse than the Papists God doth know that what I say I speak freely from my heart I have found many among them truly serving God and so I have of all the rest that have come into my company Men without any manner of Design but to serve God serve his Majesty and keep their Liberties and Properties men that I am certain are not of vicious lives I found no Dammers or those kind of People amongst them or at least few of them To his Son Kissing him several times with great passion Dear Child Farewell the Lord have mercy upon thee Good people let me have your Prayers to God Almighty to receive my Soul And then he Prayed and as soon as he had done spake as followeth The Lord have mercy upon my Enemies and I beseech you good People whoever you are and the whole World that I have offended to forgive me whomever I have offended in word or deed I ask every man's pardon and I forgive the World with all my soul all the Injuries I have received and I beseech God Almighty forgive those poor Wretches who have cast away their souls or at least endangered them to ruine this body of mine I beseech God that they may have a sight of their Sins and that they may find mercy at his hands Let my blood speak the justice of my Cause I have done And God have mercy upon you all To Mr. Crosthwait Pray Sir my Service to Dr. Hall and Dr. Reynall and thank them for all their kindnesses to me I thank you Sir for your kindness The Lord bless you all Mr. Sheriff God be with you God be with you all good People The Executioner Ketch desired his pardon and he said I do forgive you The Lord have mercy on my Soul The SPEECH of the Late Lord RUSSEL to the SHERIFFS Together with the PAPER deliver'd by him to them at the place of Execution on July 21. 1683. Mr. SHERIFF I Expected the Noise would be such that I could not be very well heard I was never fond of much speaking much less now Therefore I have set down in this Paper all that I think fit to leave behind me God knows how far I was always from Designs against the King's Person or of altering the Government and I still pray for the Preservation of both and of the Protestant Religion I am told that Captain Walcot has said some things concerning my knowledge of the Plot I know not whether the Report is true or not I hope it is not For to my knowledg I never saw him or spake with him in my whole Life and in the Words of a dying Man I profess I know of no Plot either against the King's Life or the Government But I have now done with this World and am going to a better I forgive all the World and I thank God I die in Charity with all Men and I wish all sincere Protestants may love one another and not make way for Popery by their Animosities The PAPER deliver'd to the SHERIFFS I Thank God I find my self so composed and prepared for death and my Thoughts so fixed on another World that I hope in God I am now quite weaned from setting my heart on this Yet I cannot forbear now in setting down in Writing a fuller Account of my Condition to be left behind me than I 'll venture to say at the place of Execution in the noise and clutter that is like to be there I bless God heartily for those many Blessings which he in his infinite Mercy has bestowed upon me through the whole course of my Life That I was born of worthy good Parents and had the Advantages of a Religious Education which I have often thank'd God very heartily for and look'd upon as an invaluable Blessing For even when I minded it least it still hung about me and gave me checks and has now for many years so influenced and possessed me that I feel the happy Effects of it in this my extremity in which I have been so wonderfully I thank God supported that neither my imprisonment nor the fear of Death have been able to discompose me to any degree but on the contrary I have found the Assurances of the Love and Mercy of God in and through my blessed Redeemer in whom only I trust and I do not question but that I am going to partake of that fulness of Joy which is in his presence the hopes thereof does so wonderfully delight me that I reckon this as the happiest time of my Life tho' others may look upon it as the saddest I have lived and now die of the Reformed Religion a true and sincere Protestant and in the Communion of the Church
and all the Members that serve for the City of London Will. Goldsbrough Cler. Dom. Com. October 16. 1666. Ordered That Mr. Davies Sir Thomas Higgons Mr. S. John Sir Richard Frankling Sir Thomas Tomkins Mr. Devereux Mr. Millard Mr. Lewis Mr. Dodswell Sir James Thyn Sir Edmond Pierse Mr. Coleman Sir Thomas Allen Mr. Giles Hungerford Mr. Churchill be added to the Committee appointed to enquire into the Causes of the late Fire Will. Goldsbrough Cler. Dom. Com. THE Honourable Committee according to the forementioned Orders of the House did meet in the Speaker's Chamber and having chose Sir Robert Brook for their Chairman proceeded to receive many considerable Informations from divers credible Persons about the Matter wherewith they were intrusted and thereupon did at last agree that Sir Robert Brook should make the ensuing Report to the Honourable House of Commons The Report of Sir Robert Brook Chair-man to the Committee that was appointed by the House of Commons to Enquire into the Firing of the City of London made the Two and Twentieth of January 1666. IN a Letter from Alansen of the 23 of August 1666 New Stile written from one Dural to a Gentleman lodging in the House of one of the Ministers of the French Church in London called Monsieur Herault there were these Expressions Pray acquaint me with the truth of certain News which is common in this Countrey That a Fire from Heaven is fallen upon a City called Belke situated on the side of the River of Thames where a World of People have been killed and burnt and Houses also consumed Which seemed a word of Cabal cast out by some that were knowing and others that might be ignorant of the signification of it Mrs. Elizabeth Styles informs That in April last in an eager Discourse she had with a French Servant of Sir Vere Fan he hastily replyd'd You English Maids will like the Frenchmen better when there is not a House left between Temple-Bar and London-Bridge To which she answered I hope your Eyes will never see that He replyed This will come to pass between June and October William Tisdale informs That he being about the beginning of July at the Greybound in St. Martins with one Fitz Harris an Irish Papist heard him say There would be a sad Desolation in September in November a worse in December all would be united into one Whereupon he asked him where this Desolation would be He answered In London Mr. Light of Ratcliff having some Discourse with Mr. Lanhorn of the Middle-Temple Barister reputed a zealous Papist about February 15 last after some Discourse in Disputation about Religion he took him by the hand and said to him You expect great things in Sixty Six and think that Rome will be destroyed but what if it be London Mr. Kitely of Barkin in Essex informs That one Mrs. Yazly a Papist of Ilford in the said County came unto his House August the 13th and being in Discourse with his Mother said They say the next Thursday will be the hottest Day that ever was in England She replyed I hope the hottest season of the Year is now past To which she answered I know not whether it be the hottest for Weather or for Action This Mrs. Yazly coming to the same House the Week after the Fire Mr. Kitely said to her with some trouble I have often thought of your Hot Thursday to which she replyed It was not indeed upon the Thursday but it happened upon the Sunday was seven-night after Mrs. Yazly hearing this Evidence produced against her endeavoured to avoid the Words saying That upon the 13th of August she did tell Mrs. Kitely That they say the next Thursday will be the darkest Thursday that ever was in England but not otherwise which she affirms to have received from one Finchman an old Woman of Ilford who being examined by a Justice of Peace to discover the truth thereof denied that ever she said any such words to Mrs. Yazly or that she had discoursed with her about any such Matter and as to the subsequent Words she saith Mrs. Yazly denies ever to have spoken them But Mr. Kitely offered in her presence if it should be demanded to bring his Mother and Wife to testifie the same William Ducket Esq a Member of the House informs That one Henry Baker of Chippenham in the County of Wilts coming from Market with one John Woodman of Kelloway in the same County the Thursday before the Fire began in London they had some Discourse about the Buying of a Yoke of Fat Bullocks wherein they differed because Woodman who was to Sell them was desired to keep them a while in his hands But the said Woodman denied so to do for that as he alledged he could not stay in the Country till that time which Baker would have them delivered to him in and being asked whether he was a going he refused to tell asking what he had to do to make that Question Put riding a little further the said Woman exprest these Words You have brave Blades at Chippenham you made Bonefires lately for beating the Dutch but since you delight in Bonefires you shall have your Bellies full of them ere it be long Adding That if he lived one Week longer he should see London as sad a London as ever it was since the World began and in some short time after he should see as bloudy a time as ever was since England was England This Discourse was not much taken notice of at that time it was spoken but when the City of London was burnt the said Henry Baker gave this Information to the said Mr. Ducket and whereupon he issued out his Warrant to apprehend Woodman but he was gone out of the Country and cannot be heard of since Robert Hubert of Roan in Normandy who acknowledged that he was one of those that fired the House of Mr. Farryner a Baker in Pudding-Lane from whence the Fire had its beginning confessed that he came out of France with one Stephen Peidloe about four Months before the Fire and went into Sweden with him where he also staid with him as his Companion four Months and then they came together into England in a Swedish Ship called the Skipper where he staid on Board with the said Peidloe till that Saturday Night in which the Fire brake out When Peidloe taking him out of the Ship carried him into Pudding-lane and he being earnest to know whither he would carry him he would not satisfie him till he had brought him to the place and then he told him that he had brought three Balls and gave him one of them to throw into the House And he would have been further satisfied in the Design as he said before he would execute it But Peidloe was so impatient that he would not hear him and then he did the Fact which was That he put a Fire-ball at the end of a long Pole and lighting it with a piece of Match he put it in at a
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
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
certain that in all Absolute Governments the poorest Countreys are always most favourably dealt with When the Ancient Nobility and Gentry there cannot enjoy their Royalties their Shrevaldoms and their Stewardaries which they and their Ancestors have possessed for several hundreds of years but that now they are enjoyned by the Lords of the Council to make Deputations of their Authorities to such as are their known Enemies Can we expect to enjoy our Magna Charta long under the same Persons and Administration of Affairs If the Council-Table there can Imprison any Nobleman or Gentleman for several years without bringing him to Trial or giving the least Reason for what they do can we expect the same Men will preserve the Liberty of the Subject here I will acknowledge I am not well vers'd in the particular Laws of Scotland but this I do know that all the Nothern Countries have by their Laws an undoubted and inviolable Right to their Liberties and Properties yet Scotland hath out-done all the Eastern and Southern Countries in having their Lives Liberties and Estates subjected to the Arbitrary Will and Pleasure of those that Govern They have lately plundered and harrassed the richest and wealthiest Countries of that Kingdom and brought down the Barbarous Highlanders to devour them and all this without almost a colourable Pretence to do it Nor can there be found a Reason of State for what they have done but that those wicked Ministers designed to procure a Rebellion at any Rate which as they managed was only prevented by the miraculous Hand of God or otherwise all the Papists in England would have been Armed and the fairest Opportunity given in the just time for the Execution of that Wicked and Bloudy Design the Papists had and it is not possible for any Man that duly considers it to think other but that those Ministers that Acted that were as guilty of the Plot as any of the Lords that are in question for it My Lords I am forced to speak this the plainer because till the Pressure be fully and clearly taken off from Scotland 't is not possible for me or any Thinking Man to believe that Good is meant us here We must still be upon our Guard apprehending that the Principle is not changed at Court and that these Men that are still in Place and Authority have that Influence upon the Mind of our Excellent Prince that he is not nor cannot be that to us that his own Nature and Goodness would incline him to I know your Lordships can order nothing in this but there are those that hear me can put a perfect Cure to it until that be done the Scottish Weed is like Death in the Pot Mors in Olla But there is something too now I consider that most immediately concerns us their Act of Twenty two thousand Men to be ready to invade us upon all Occasions This I hear that the Lords of the Council there have treated as they do all other Laws and expounded it into a standing Army of Six thousand Men. I am sure we have Reason and Right to beseech the King that that Act may be better considered in the next Parliament there I shall say no more for Scotland at this time I am afraid your Lordships will think I have said too much having no concern there But if a French Noble-Man should come to dwell in my House and Family I should think it concern'd me to ask what he did in France for if he were there a Felon a Rogue a Plunderer I should desire him to live elsewhere and I hope your Lordships will do the same thing for the Nation if you find the same cause My Lords give me leave to speak two or three Words concerning our other Sister Ireland thither I hear is sent Douglas's Regiment to secure us against the French Besides I am credibly informed that the Papists have their Arms restored and the Protestants are not many of them yet recovered from being the suspected Party the Sea-Towns as well as the In-land are full of Papists That Kingdom cannot long continue in the English Hands if some better Care be not taken of it This is in your Power and there is nothing there but is under your Laws therefore I beg that this Kingdom at least may be taken in consideration together with the State of England For I am sure there can be no Safety here if these Doors be not shut up and made sure THE INSTRUMENT OR Writing of Association THAT THE True Protestants of ENGLAND entred into IN THE Reign of Q. Elizabeth FOrasmuch as Almighty God hath Ordained Kings Queens and Princes to have Dominion and Rule over all their Subjects and to preserve them in the Possession and Observation of the true Christian Religion according to his holy Word and Commandment And in like sort that all Subjects should Love Fear and Obey their Soveraign Princes being Kings or Queens to the utmost of their Power at all times to withstand pursue and suppress all manner of Persons that shall by any means intend and attempt any thing dangerous or hurtful to the Honour States or Persons of their Soveraigns Therefore we whose Names are or shall be subscribed to this Writing being Natural Born Subjects of this Realm of England and having so gracious a Lady our Soveraign Elizabeth by the Ordinance of God our most rightful Queen Reigning over us these many Years with great Felicity to our inestimable Comfort And finding lately by divers Depositions Confessions and sundry Advertisements out of Foreign Parts from credible Persons well known to her Majesties Council and to divers others That for the furtherance and Advancement of some pretended Title to the Crown it hath been manifested that the Life of our gracious Soveraign Lady Queen Elizabeth hath been most dangerously to the Peril of her Person if Almighty God her perpetual Defender of his Mercy had not revealed and withstood the same By whose Life we and all other her Majesties True and Loyal Subjects do enjoy an inestimable benefit of Peace in this Land do for the Reasons and Causes before alledged not only acknowledge our selves most justly bound with our Lives and Goods for her Defence in her Safety to persecute suppress and withstand all such Intenders and all other her Enemies of what Nation Condition and Degree whatsoever they shall be or by what Council or Title they shall pretend to be her Enemies or to attempt any Harm upon her Person but do further think it our bounden Duties for the great Benefit of Peace Wealth and Godly Government we have more plentifully received these many Years under her Majesties Government then any of our Forefathers have done in any longer time of any other Progenitors Kings of this Realm Do declare and by this Writing make manifest our bounden Duties to our said Sovereign Lady for her Safety And to that end We and every of us First Calling to Witness the Name of Almighty God do Voluntarily and
Returns And that some effectual Provision may be made for the meeting of frequent Parliaments and for their sitting to redress Grievances and to make such wholsome Laws as shall be necessary for the welfare of this Nation 7. That some effectual course be taken to give a check to Prophaneness and Debauchery which threaten Ruine or at least exceeding great Prejudice to the Kingdom In prosecuting of all which worthy Acts we shall endeavour your Defence with our Lives and Fortunes The Humble Address of the Young Men of the Borough of Taunton To Edmund Prideaux and John Trenchard Esquires who were Unanimously chosen by the Inhabitants to be Representatives of the said Borough to serve in this Parliament which is to Sit at Oxford March 21 1680 1. SIRS THough we are not immediately Concern'd in the Electing Members to Serve in Parliament yet being deeply sensible that we shall bear an equal share with others in the same Common Danger and Universal Slavery which Hell and Rome have been and still are with joint and unwearied Endeavours attempting to involve these Protestant Nations in we cannot without charging our selves with unparallell'd Ingratitude omit the returning you our hearty Thanks for that good and eminent Service you did both us and the Nation in the late Dissolved Parliament That you did with such inflamed Zeal with such undaunted Courage and Resolution endeavour the Security of our Religion Liberty and Property against that cursed Popish Faction who were the Invaders of them particularly we deem our selves infinitely obliged for the great Care you manifested in the preservation of His Majesty's Sacred Person in your strenuous prosecution of the Horrid and Damnable Popish Plot and in that your Attempts were so Brisk and Vigorous from the preventing of an Arbitrary and Tyrannical Power which we cannot but Unanimously abhor Liberty and Property being an Inheritance which as Englishmen we are born unto And above all we commend your Courage and Prudence in prosecuting that happy Expedient of Excluding a Popish Successor from Inheriting the Imperial Crown of this Realm without which we judge it utterly impossible that the Protestant Religion can be secured to us or that our necks can be long free from that Romish Yoke which neither we nor our Fathers were able to bear And now sith it hath pleased our Gracious King to Issue forth His Royal Proclamation signifying His pleasure to meet His People again in Parliament We cannot but Address our selves to you the Representatives of this Borough Humbly Requesting That you would according to the Trust Reposed in you Vigorously prosecute those Counsels that have a Tendency to an happy Settlement of Affairs both in Church and State particularly our Unanimous Request to you is 1. That forasmuch as the late Horrid and Hellish Plot hath according to the Votes of the preceeding Parliaments received Life and Countenance from James Duke of York you would expedite a Bill for the utter Incapacitating him ever to sway the Scepter of these Kingdoms and that the Bill of Association may be annexed whereby all His Majesty's Subjects may be enabled to oppose him or any of his Accomplices in case he should attempt to possess himself of the same 2. To take such Measures as your Wisdom shall agree upon for the Uniting of the Protestant Interest in these Nations 3. That the Artillery and Militia of the Nation be setled in the Hands of Men of known Integrity Courage and Conduct and that all Papists and Popishly affected Persons now in places of Publick Trust be Discharged which if effected may be ameans to prevent those great Fears and Jealousies which are apt otherwise to be nourished amongst us 4. That you proceed to the Tryal of the Popish Lords together with all other Criminal Offenders and go on sifting to the bottom that Execrable Plot which hath been and we must fear still is carried on to take away His Majesty's Life whom God long preserve to root out the Fundamental Laws of this Realm as also to introduce Popery into the Church and Tyranny into the State 5. That you take Cognizance of the Illegal and Arbitrary Proceedings of Courts as well Ecclesiastical as Civil as you have begun that so the Laws may not be wrested against the Protestant Dissenters nor stretched in favour of Popish Recusants As also to consider the unpresidented Finings and Imprisonings whereby many of His Majesty's truly Loyal Subjects have been grievously oppressed 6. That you would speedily think of some good Expedient for the Regulating of Elections as also for Removing of those Oaths and Tests which have proved no small hinderance to divers Worthy Protestants from being Useful Instruments in Serving their King and Country in Church and State These things worthy Sirs we humbly offer to your Considerations not as Directors but Remembrancers out of a Principle of Loyal Zeal for his Majesty's Security and our Countries Tranquility And assure your selves in the Prosecution of these truly Noble Designs we will defend you with our Lives and Fortunes accounting our dearest Blood a Tribute due to the Safety of our King and Country when called for in their Defence The Address of the Ancient Town of Winchelsea a Branch of the Cinque-Ports To their Barons Sir Steven Lenord and Creswel Draper Esquire elected in their absence March 4. and ordered by the Mayor and Jurates to be presented to them the said Mr. Draper serving for them in the last Parliament Mr. Draper YOu may assure your self That we are very highly satisfied with your unwearied Pains as also of your honest Discharge of the great Trust we reposed in you in the last Parliament by our hearty Thanks we now return you and by our Unanimous Electing you again to serve for us in the next Parliament to be holden at Oxford And Gentlemen as for you both WE know you are so sensible of our Condition that we need not tender you our Thoughts in many particulars only the Preservation of his Sacred Majesty's Person our Religion and Properties which are of the greatest Concern and most dear unto us And especially in order thereunto we commend unto you and desire you to use your utmost Endeavours 1. That there may be a full and perfect Discovery of that most Hellish and Damnable Popish Plot in England and Ireland and all other Sham-Plots which have been wickedly Contriving and Acting for many years past 2. That effectual Means be used for Uniting all his Majesty's Protestant Subjects against the common Enemy both at home and abroad 3. That all effectual Means and Ways may be provided to secure us against a Popish Successor and particularly against James Duke of York 4. That you will endeavour as far as in you lies That a Law may be made for putting our Free-Lands and Houses under a Voluntary Register that thereby this Kingdom may be a just and honourable Fund whereby Moneys may be taken up upon all urgent Occasions and so prevent the great Ruines we now
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
violent corrupt and false sense will satisfy let us try what transprosing the Earl's Explanation will do and see how the just contrary will look And it must be thus I Have considered the Test nor am I at all desirous to give obedience so far as I can I am confident the Parliament intended to impose contradictory Oaths And therefore I think every man can explain it for others as well as for himself and take it without reconciling it either to it self or his own sense of it And I do take it tho it be inconsistent with it self and the Protestant Religion And I declare that I mean thereby to bind up my self never either in my station or in any lawful way whatsoever to wish or endeavour in the least any alteration tho to the advantage of Church or State and tho never so suitable and no way repugnant to the Protestant Religion and my Loyalty And tho this be the express quality of my Swearing yet I understand it to be no part of my Oath Now whether this contradictory Conversion be not Treason or highly Criminal at best I leave all the World to judge and to make both sides of a contradiction that is both the Affirmative and Negative of the same Proposition Treason is beyound ordinary Logick Escobar finds two contrary ways may both be probable and safe ways to go to Heaven but neither he nor the Devil himself have hitherto adventured to declare two contradictory Propositions both damnable and either of them a just cause to take away mens Lives Honours and Fortunes But where the Disease is in the Will it is lost labour to apply Remedies to the Understanding and must not this be indeed either the oddest Treason or strangest Discovery that ever was heard of The Bishop of Edinburgh sees it not witness his Vindication saying the same and more nor many of the Orthodox Clergy witness their Explanations nor his Royal Highness in private nor at first in Council nor all the Councellors when together at the Council-board nor the President of the Council nor the then President of the Session now Chancellor though he rose from his Seat to be sure to hear nor any of the most learned Lawyers witness their signed Opinion nor the most learned of the Judges on the Bench nor the generality of the knowing Persons either in Scotland or England wonderful Treason one day seen by none another day seen by so many A Stander-by hearing the Trial and the Sentence said He believed the Earl's words were by Popish Magick transubstantiate for he saw them the same as before Another answered that he verily thought it was so for he was confident none could see Treason in the words that would not when ever it was a proper time readily also profess his belief of Transubstantiation but he believed many that professed both believed neither The second Head of the Earl's Additional Defence contains the impertinencies and absurdities of the Advocate 's Arguings And here you must not expect any solid debate For as there is no disputing with those that deny Principles so as little with those who heap up phantastical and inconsequential Inferences without all shadow of reason If a Stone be thrown though it may do hurt yet having some weight it may be thrown back with equal or more force But if a man trig up a feather and fling it it is in vain to throw it back and the more strength the less success It shall therefore serve by a cursory Discourse to expose his Arguments which are in effect easier answered than understood and without any serious arguing which they cannot bear rather leave him to be wise in his own eyes than by too much empty talk hazard to be like him He alledges first That the Earl instead of taking the Test in its plain and genuine meaning as he ought doth declare against and defame the Act that enjoined it which is certainly a great Crime But now Inasmuch says the Advocate as he tells us That he had considered the Test Which I have indeed heard say was his greatest Crime and that he ought to have taken it with a profound and devout ignorance as some of our most inventive Politicians boasted they had done But the Earl says that he was desirous to give obedience as far as he could whereby says the Advocate he insinuates that he was not able to give full obedience This is not the meaning but what if it were and that indeed he could not Have not thousands given no obedience yet even in Law are guiltless And ought not that to please his Highness and the Council that is accepted of God Almighty and is all any Mortal can perform But the Earl says the Advocate goes on That he was confident the Parliament never intended to impose contradictory Oaths whereby says the Advocate he abuses the People with a belief that the Parliament did intend to impose such Wonderful reasoning All men know that Parliaments neither are nor pretend to be infallible And in our present Case hundreds of Loyal Subjects complain of Contradictions and Inconsistencies some way or other crept into this Oath And even the Council have yielded so far to their Exceptions as to make an alteration upon it for satisfying those scruples far beyond any thing the Earl said and such an alteration as I believe few dreamed of and I am certain none durst have attempted without their express command and authority and yet in the midst of all this the Earl's charitable and honest Opinion in behalf of the Parliaments good Intentions must be perverted to a direct slander But the Earl says That every man must explain it for himself and so no doubt he must if the Test be either in it self or in his apprehension ambiguous otherwise how can he swear in Judgment But this the Advocate will have to be a man 's own sense and thereupon runs out That hereby this Law and Oath and all Laws and Oaths are rendred useless and to no purpose And further the Legislative Power is taken from the Imposer and setled in the Taker of the Oath which certainly is a most treasonable presumption But first although there be no reason to strain or mistake the Expression yet the Earl did not say That every man must take the Test in his own sense II. The Council hath now explained the Test for the Clergy Might not then the Earl before their Explanation was devised say by the Councils allowance which he had That he might explain it for himself For if an ambiguous Proposition the Test for example may be reconciled to it self two different ways must not the Taker reconcile it as in his own sense he thinks it doth best agree with the genuine meaning of the words themselves and with the sense he conceives was intended by the Parliament that formed it especially before the Parliament emit their own Explanation And is it not juster to do it so than in any other
sworn to only as far as every Man pleases to interpret and as far as may be consistent with any new principles of State But the Parliament certainly I do not speak Ironically did intend by this Test to swear and assert the True Protestant Religion and the said Confession of Faith whatever may be now pretended The Earl could not also but very well remember what his Highness had said to himself about the inserting of the Confession and no doubt the Advocate if ingenuous knows all this For the thing was at that time matter of common talk and indeed till Papers objecting contradictions and inconsistencies betwixt the Confession and the rest of the Test began to be so numerous which was about the end of October that there was no possibility left to answer them but by alledging That in the Test men do not swear to every article and proposition of the Confession but only to the Protestant Religion therein contained this point was never doubted And whether this answer be true and a solid Vindication consonant to the words of the Test or a circulating evasion enervating all its force let others judge But the Advocate says When it was moved in Parliament to read the Confession it was waved Most true and the reason given by the Bishops for it was That it was notour they knew it and it was already insert in the Acts of Parliament And the truth was the reading of it would have spent more time than was allowed on examining the whole Test It was likâ— wise late after a long Sederunt and it was resolved to have the Act passed that night and so it went on But it was likewise moved to read the Covenant seeing it was to be disclaimed and this was flatly refused And will the Advocate thence infer That by the Test the Covenant is not abjured albeit it be most certain that many in the Parliament at that time had never read the one or the other But to follow the Advocate 's excursions and answer them more particularly The motion for reading the Confession being made on this very occasion Because it was to be insert in the Test and sworn to concludes enough against him For no body can be so effronted as to say it was used in Parliament as an argument not to read it because it was not to be sworn to but though it cost a debate it was plainly agreed to be sworn to and therefore insert 2dly Can any man doubt the Confession was to be sworn to when it is notour that severals who were members of Parliament and by reason of offices they enjoyed were called to swear the Test pretending with reason tenderness of an Oath did before swearing make a fashion at least of reading and studying the Confession to satisfy themselves how far they might swear it And that this was done by an Hundred I can attest themselves Lastly It is certain that when in the end of October the Bishop of Edenburgh did quarrel Sir George Lockhart for causing the Confession to be insert in the Test and he answered that without it a Turk might sign the Test it was not then pretended by the Bishop that the Confession was not to be sworn to and therefore he at that time had no reply But this is a debate I confess not altogether necessary for my present task only thereby you may see ground enough for the Earl to believe the Confession was sworn to And all that did swear before the Councils Explanation having sworn in that sense and for ought I know all except the Clergy being by the Councils Act still bound to do so It was not strange the Earl might be of this Opinion And seeing that many of the Contradictions were alledged to arise hence and the Earl being a Dissenter it was yet less strange that the Earl did scruple nor is it unreasonable that his modest Explanation should have a most benign acceptance This second pretence of aggravation is That His Majesty did not only bestow on the Earl his Lands and Jurisdictions fallen into His Majesty's hands by the forfaulture of his Father but also pardon him the crimes of Leasing-making and Misconstruing whereof he was found guilty by the Parliament 1662. And raised him to the title and dignity of an Earl and to be a member of all His Majesty's Judicatories All which the Earl as he hath ever doth still most thankfully acknowledg But seeing the Advocate hath no warrand to upbraid him with His Majesty's favours and that these things are now remembred with a manifest design to raise dust and blind strangers and to add a very ill thing Ingratitude to the heap of groundless calumnies cast upon him I must crave leave to answer a little more particularly and refute this new Tout as the Scots Proverb is in an old Horn. This old Leasing making is then now brought in seriously after it hath been treated in ridicule for Eighteen years by the very Actors who did never pretend to defend it in cold blood And were it not to digress too much I could name the persons and make them if capable think shame of their falshood and prevarications in that point and of their abusing His Majesty and prostrating Justice but I forbear The Advocate in his Book of Pleadings makes this a Stretch and says His Majesty rescinded it And His Majesty himself hath several times exprest his sense of the stretches made by some against the Earl at that time It is well known the Family of Argyle is both Ancient and Honourable and hath been Loyal and Serviceable to the Crown for several Hundreds of years but they must now be destroyed for having done and being able as they say to do too much which others neither can nor will do Neither is the Advocate ignorant that the only failing that Family hath been charged with in all that long tract of time was a compliance of the late Marquess of Argyle the Earl's Father in the time of the late Usurpation by sitting in the then Parliament of England some years after all the standing Forces of the Kingdom were broken His Majesty beyond Sea the whole Countrey over-run the Usurpers universally acknowledged and neither probability of resistance nor possibility of shelter left to any that were most willing to serve His Majesty as the Advocate himself hath published in his Printed Pleadings in which he likewise lays out the special and extraordinary Circumstances whereby the Marquess was necessitate to do what he did And the compliance charged on him was so epidemick that all others were pardoned for the same except he alone though none had such favourable Arguments to plead and though he pleaded the same Indemnity that saved others And seeing he submitted and delivered up himself and lost his Life and seeing at the same time of the Compliance that he suffered for the Earl his Son was actually serving and suffering for His Majesty as you find in the former part of this Letter
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
and it seems they intend to make us know that part of their Doctrine even before we come to feel it since tho' some of that Communion would take away the horror which the Fourth Council of the Lateran gives us in which these things were decreed by denying it to be a General Council and rejecting the Authority of those Canons yet the most learned of all the Apostates that has fallen to them from our Church has so lately given up this Plea and has so formally acknowledged the Authority of that Council and of its Canons that it seems they think they are bound to this piece of fair dealing of warning us before hand of our Danger It is true Bellarmin says The Church does not always execute the Power of Deposing Heretical Princes tho' she always retains it one Reason that he assigns is Because she is not at all times able to put it in Execution so the same reason may perhaps make it appear unadviseable to Extirpate Hereticks because that at present it cannot be done but the Right remains intire and is put in execution in such an unrelenting manner in all places where that Religion prevails that it has a very ill Grace to see any Member of that Church speak in this strain and when neither the Policy of France nor the Greatness of their Monarch nor yet the Interests of the Emperour joyned to the Gentleness of his own temper could withstand these Bloody Councils that are indeed parts of that Religion we can see no reason to induce us to believe that a Toleration of Religion is proposed with any other design but either to divide us or to lay us asleep till it is time to give the Alarm for destroying us IV. If all the Endeavours that have been used in the last four Reigns for bringing the Subjects of this Kingdom to an Unity in Religion have been ineffectual as His Majesty says we know to whom we owe both the first beginnings and the progress of the Divisions among our selves the gentleness of Queen Elizabeth's Government and the numbers of those that adhered to the Church of Rome made it scarce possible to put an end to that Party during her Reign which has been ever since restless and has had Credit enough at Court during the three last Reigns not only to support it self but to distract us and to divert us from apprehending the danger of being swallowed up by them by fomenting our own Differences and by setting on either a Toleration or a Persecution as it has happened to serve their Interests It is not so very long since that nothing was to be heard at Court but the supporting the Church of England and the Extirpating all the Nonconformists and it were easie to name the persons if it were decent that had this in their mouths but now all is turned round again the Church of England is in Disgrace and now the Encouragement of Trade the Quiet of the Nation and the Freedom of Conscience are again in Vogue that were such odious things but a few Years ago that the very mentioning them was enough to load any Man with Suspicions as backward in the King's Service while such Methods are used and the Government as if in an Ague divided between hot and cold fits no wonder if Laws so unsteadily executed have failed of their effect V. There is a good reserve here left for Severity when the proper Opportunity to set it on presents it self for his Majesty declares himself only against the forcing of men in matters of meer Religion so that whensoever Religion and Policy come to be so interwoven that meer Religion is not the Case and that publick Safety may be pretended then this Declaration is to be no more claimed so that the fastning any thing upon the Protestant Religion that is inconsistent with the publick Peace will be pretended to shew that they are not persecuted for meer Religion In France when it was resolved to extirpate the Protestants all the Discourses that were written on that Subject were full of the Wars occasioned by those of the Religion in the last Age tho' as these was the happy occasions of bringing the House of Bourbon to the Crown they had been ended above 80 Years ago and there had not been so much as the least Tumult raised by them these 50 Years past so that the French who have smarted under this Severity could not be charged with the least Infraction of the Law yet Stories of a hundred years old were raised up to inspire into the King those Apprehensions of them which have produced the terrible effects that are visible to all the World There is another Expression in this Declaration which lets us likewise see with what Caution the Offers of favour are now worded that so there may be an Occasion given when the time and Conjuncture shall be favourable to break through them all it is in these words So that they take especial Care that nothing be preached or taught amongst them which may any ways tend to alienate the hearts of our People from Us or Our Government This in it self is very reasonable and could admit of no Exception if we had not to do with a set of men who to our great Misfortune have so much Credit with His Majesty and who will be no sooner lodged in the Power to which they pretend then they will make every thing that is preached against Popery pass for that which may in some manner alienate the Subjects from the King VI. His Majesty makes no doubt of the Concurrence of his Two Houses of Parliament when he shall think it convenient for them to meet The hearts of Kings are unsearchable so that it is a little too presumptuous to look into his Majesties secret thoughts but according to the Judgments that we would make of other mens thoughts by their Actions one would be tempted to think that his Majesty made some doubt of it since his Affairs both at home and abroad could not go the worse if it appeared that there was a perfect understanding between him and His Parliament and that his people were supporting him with fresh Supplies and this House of Commons is so much at his Devotion that all the World saw how ready they were to grant every thing that he could desire of them till he began to lay off the Mask with relation to the Test and since that time the frequent Prorogations the Closetting and the pains that has been taken to gain Members by Promises made to some and the Disgraces of others would make one a little inclined to think that some doubt was made of their Concurrence But we must confess that the depth of his Majesties Judgment is such that we cannot fathom it and therefore we cannot guess what his Doubts or his Assurances are It is true the words that come after unriddle the Mistery a little which are when his Majesty shall think it convenient for them to
the Pamphlet whereof I have here given you my thoughts was more than a Fortnight on the way or else you had received this sooner I am 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
And assure your selves they are very desirous to extend this Violence beyond the bounds of France They would fain see England also in the same Condition the Bishop of Valence and Die hath told as much in the Speech which he made to the French King in the Name of the Clergy of France to congratulate his glorious Atchievements in rooting out the Heresie of Calvin In which he hath a most memorable Passage for which we are beholden to him because it informs us that they are not satisfied with what their King hath done there but would have him think there is a further Glory reserved for him of lending his Help to make us such good Catholicks as he hath made in France This is the blessed Work they would be at and if any among us be still so blind as not to see it we must look upon it as the just Judgment of God upon them for some other Sins which they have committed They are delivered up to a reprobate Mind which cannot discern the most evident things They declare to all the World that they have been above fifty Years crying out against they know not what For they know not what Popery is of which they have seemed to be horribly afraid if they believe that they of that Religion either can or will give any Liberty when they have Power to establish their Tyranny It is no better St. John himself hath described that Church under the Name of Babylon that cruel City and of a BEAST which like a Bear tramples all under its Feet and of another Beast which causes as many as will not worship the Image of the Beast to be killed and that no man may buy or sell save such as have had his Mark i.e. are of hsi Religion Rev. 13.1 15 16. This Character they will make good to the very end of their Reign as they have fâ—â—â—thed it from the beginning They cannot alter their Nature no more than the Ethiopian change his Skin or the Leopard his Spots It ever was since the rising of the Beast and it ever will be till its Fall a bloody Church which can bear no Contradiction to her Doctrine and Orders but will endeavour to root out all those that oppose her from the Face of the Earth Witness the Barbarous Crusado's against the poor Albigenses in France in one of which alone Bellarmine himself saith and not without Triumph there were killed no less than an hundred thousand Witness the horrible Butcheries committed in France in England and in the Low Countries in the Age before us and in Poland the Vallies of Pâ—edmont and in Ireland in this Age upon those who had no other Fault but this that the made the Holy Scriptures and the Roman Church the Rule of their Faith IX But if you be ignorant of what hath been done and doing abroad yet I hope you observe what they do here at home What do you think of the Declaration which was very lately imposed to be read in all our Churches Which when several Bishops and their Clergy most humbly represented they could not in Conscience publish to the People in time of Divine Service this would not excuse them their Petition was received with Indignation and looked upon as a Libel the Bishops were prosecuted for it and Inquiry is now ordered to be made after those who did not read it as well as those that did that the may be punished by the High Commissioners Call you this Liberty of Conscience Or do you imagine you shall never have any thing imposed upon you to be read in your Congregations which you câ—nnot comply withal Consider I beseech you what will become of you when that time shall come What 's the meaning of this that ever they are look'd upon as Offenders for following their Conscience whose Services have been acknowledged to be so great that they should never be forgotten It ought to teach Dissenters what they are to expect hereafter when they have served them so far by taking off the Tests and Penal Laws as to enable them with safety to remember all their former pretended Transgressions Let them assure themselves the Services of the Church of England are not now more certainly forgotten than the Sins of Dissenters will hereafter when they have got Power to punish them be most certainly remembred Be not drawn in then by deccitful Words to help forward your own Destruction If you will not be assistant to it they cannot do it alone and it will be very strange if you be perswaded to lend them your Help when the Deceit is so apparent For what are all the present Pleas for Liberty but so many infamous Libels upon the Roman Church which denies all Men this Liberty While they declaim so loudly against Persecution they most notoriously reproach Popery which subsists by nothing but Deceit and Cruelty And who can think that they would suffer their Church to be so exposed and reviled as it is by such Discourses but with a Design to cheat heedless People into its Obedience For this end they can hear it proved nay prove it themselves to be an Antichristian Church when they prove it is against Christianity nay against the Law of Nature and Common Reason to trouble any Body for his Opinion in Religion X. Once more then I beseech you be not deceived by good Words if you love your Liberty and your Life Call to mind how our poor Brethren in France were lately deluded by the repeated Protestations which their King made he would observe the Edict of Nantes which was the Foundation of their Liberty even then when he was about to overthrow it and by many Assurances which were given them by those who came to torment them that the King intended to eform the Church of France as soon as he had united his Subjects What he had done already against the Court of Rome told them they was an Instance of it and they should shortly see other Matters Such ensnaring Words they heard there daily from the Mouths of their armed Prosecutors who were ready to fall upon them or had begun to oppress them And therefore they would be arrant Fools here if they did not give good words when they have no Power to hurt us But we shall be far greater Fools if we believe they will keep their Word when they have got that Power the greatest of all Fools if we give them that Power They have no other way but this to wheedle us out of our Laws and Liberties Do but surrender the one I mean our Laws and they will soon take away the other our beloved Liberties Be not tempted to make such a dangerous Experiment but let the Laws stand as they are because they are against them as appears by their earnest Endeavours to repeal them and be not used as Tools to take them away because they have been grievous to you They never can be so again For can they who now Court you have
The Pope published a Bull in print against the restoring of Abby-Lands which Dr. Burnet affirms also Ap. Fol. 403. It is notoriously false they both asserting the contrary Dr. Burnet's Words in that very place are these The Pope in plain terms refused to ratifie what the Cardinal had done and soon after set out a severe Bull cursing and condemning all that held any Church Lands Seventhly and lastly The succeeding Popes have been clearly of this opinion Pope Pius the Fourth who immediately succeeded this Paul confirm'd the Counoil of Trent and therein damned all the detainers of Church-Lands and tho he was much importuned to confirm some Alienations made by the King of France to pay the debts of the Crown yet he absolutely refused it F. Pauls H. C. Trent 713. Pope Innocent the Tenth first protested against the Alienations of Church Lands in Germany that were made at the great Treaty of Munster and Osnaburg A. D. 1648. and when that would not do by his Bull Nov. 26. in the very same Year damns all those that should dare to retain the Church-Lands and declares the Treaty void Infirmnentum pacis c. Innocentii 10 me declaratio nullitatis Artic. c. and all their late Popes in the Bulla caenae do very solemnly Damn and Excommunicate all who usurp any Jurisdiction Fruits Revenues and Emoluments belonging to any Ecclesiastical person upon account of any Churches Monasteries or other Ecclesiastical Benefices or who upon any occasion or cause Sequester the said Revenues without the Express leave of the Bishop of Rome or others having lawful power to do it c. And tho upon Geod-Friday there is published a general Absolution yet out of that are expresly excluded all those who possess any Church Lands or Goods who are still left under the sentence of Excommunication Toleti Instr Sacerd. and his Explicatio casuum in Bulla caenae Dni reserva From which consideration it 's evident that it never was the design of the Pope to confirm the English Church Lands to the Lay-possessors but that he always urg'd the necessity of restoring of them to religious uses in order to which the papists prevailed to have the statute of Mortmain repealed for 20 Years In Queen Elizabeth's Reign the factious party that was manag'd wholy by Romish â—missaries demanded to have Abbtes and such Religious Houses restored for their Vse and A. D. 1585. in their petition to the Faâ—hament they set it down as a 〈◊〉 Doctrine that things once dedicated to Sacred Vses ought so to remain by the Word of God for ever and ought not to be converted to any private Vse Bishop Bancrofts Sermon at p. c. A. D. 1588. p. 25. And that the Church of Rome is still gaping after these Lands is evident from many of their late Books as the Religion of M. Luther lately printed at Oxford p. 15. The Monks wrote Anathema upon the Registers and Donations belonging to Monasteries the weight and essect of which curses are both felt and dreaded to this day To this End the Monastiâ—â—â— Anglicanum is so diligently preserved in the Vatican and other Libraries in the popish Countries and especially this appears from the obstinate refusal of this present Pope to confirm these Alienations tho it be a matter so much controverted and which would be of that vast Use towards promoting their Religion in this Kingdom If therefore the Bishops of Rome did never confirm these Alienations of Church-Lands but earnestly and strictly required their Restitution if they have declared in their Authentick Canons that they have no power to do it and both they and the last general Council pronounce an heavy Curse and Anathema against all such as detain them Then let every one that possesseth these Lands and yet own either of these Foreign Jurisdictions consider that here is nothing left to excuse him from Sacriledge and therefore with his Estate he must derive a curse to his posterity There is scarcely any Papist but that is forward to accuse King Henry the 8th of Sacriledge and yet never reflects upon himself who quietly possesseth the Fruits of it without Restitution either let them not accuse him or else restore themselves Now whatever opinions the papists may have of these things in the time of health yet I must desire to remember what the Jesuits proposed to Cardinal Pool in Doctor Pary's Days Viz. That if he would encourage them in England they did not doubt but that by dealing with the Consciences of those who were dying they should soon recover the greatest part of the Goods of the Church Dr. Burnet's Hist Vol. 2. p. 328. Not to mention that whensoever the Regulars shall grow numerous in England and by consequence burthensome to the few Nobility and Gentry of that perswasion they will find it necessary for them to consent to a Restitution of their Lands that they may share the burthen among others For so vast are the Burthens and Payments that that Religion brings with it that it will be found at length an advantagious Bargain to part with all the Church Lands to indemnifie the rest And I am confident that the Gentry of England that are Papists have found greater Burthens and Payments since their Religion hath been allow'd than ever they did for the many years it was forbid and this charge must daily encrease so long as their Clergy daily grows more numerous and their few Converts are most of them of the meanest Rank and such as want to be provided for And that 's no easie matter to force Converts may appear from that Excellent Observation of the great Emperour Charles the Fifth who told Queen Mary That by endeavouring to compel others to his own Relegion he had tired and spent himself in vain and purchas'd nothing by it but his own dishonour Card. Pool in Heylin's Hist Ref. p. 217. And to conclude this Discourse had the Act of Pope Julius the Third by his Legate Cardinal Pool in confirming of the Alienation of Church Lands in England been as valid as is by some pretended yet what shall secure us from an Act of Resumption That very Pope after that pretended Grant to Cardinal Pool published a Bull in which he Excommunicated all that kept Abby-Lands or Church Lands Burnet's Hist Vol. 2. p. 3â—9 by which all former Grants had there been any were cancell'd His Successor Pope Paul the Fourth retrieved all the Goods and Ecclesiastical Revenues that had been alienated from the Church since the time of Julius the Second and the chief Reasons that are given why the Popes may not still proceed to an Act of Resumption of these Lands in England amount only to this That they may stay for a fair opportunity when it may be done without disturbing the peace of the Kingdom From all which it 's evident that the detaining of Abby-Lands and other Church-Lands from the Monks and Friars is altogether inconsistent with the Doctrine and Principles of the Romish Religion The King's
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
what Mr. Pen intends when he tells us that such a Bargain will be driven with the Kingdom as will make the Church of England think that half a Loaf had been better than no Bread Good Adv. p. 43. and that one year will shew the Trick and mightily deceive her and the opportunity of her being preserved lost and another Bargain driven mightily to her disadvantage Ibid. p. 42. But as it will be impossible for Papists and Dissenters should they conspire together to be able to effect it considering the interest which her integrity in the Protestant Religion and her tenderness for the Rights and Liberties of the Kingdoms have justly acquired unto her so it were both the most foolish as well as criminal thing which any pretending themselves Protestants can be guilty of to be in any measure accessory unto it For as there is nothing in reference to their own Religious Liberties and the Priviledges of the Nation which they may not undoubtedly expect from her Justice as well as from her Mercy and Moderation so there is no means left within our view either to give a lasting Peace and a firm settlement to Three distracted Kingdoms or to bring the Protestant Interest into such a condition as may ballance the Papal grandure in Europe and give check to the rage of Persecution in all places but her happy advancement to the Thrones of Great Brittain and Ireland when it shall please God to remove his Majesty Until which time I hope all who call themselves Protestants will submit to the worst of fate rather than to fall under the Curse of this Age and Ignominy with all that shall come after for becoming an United Party with the Church of Rome in any of her Designs how plausible soever they may appear The Ill Effects of Animosities 'T IS long since the Court of England under the Authority of the late King and his Brother was embark'd in a design of subverting the Protestant Religion and of introducing and establishing Popery For the two Royal Brothers being in the time of their Exile seduced by the Caresses and Importunities of their Mother allured by the Promises and Favours of Popish Princes and being wheedled by the Crafts and Arts of Priests and Jesuites who are cunning to deceive and know how to prevail upon persons that were but weakly established in the Doctrine and wholly strangers to the practice and power of the Religion they were tempted from they not only abjured the Reformed Religion and became reconciled to the Church of Rome but by their Example and the Influence which they had over those that depended upon them both for present Subsistence and future Hopes they drew many that accompanied them in their Banishment to renounce the Doctrine Worship and Communion of the Church of England though in the War between Charles the First and the Parliament they had pretended to fight for them in equal conjunction with the Prerogatives of the Crown So that upon the Restoration in the year 1660 they were not only moulded and prepared themselves for promoting the desires of the Pope and his Emissaries but they were furnished with a stock of Gentlemen out of whom they might have a supply of Instruments both in Parliament and elsewhere to co-operate with and under them in the methods that should be judged most proper and subservient to the Extirpation of Protestancy and the bringing the Nation again into a Servitude to the Triple Crown And besides the Obligations that the Principles of the Religion to which they had revolted laid them under for eradicating the established Doctrine and Worship they had bound themselves unto it by all the Promises and Oaths which persons are capable of having prescribed unto and exacted of them Nor can any now disbelieve his late Majesty's having lived and died a Papist who hath either heard what he both said and did when under the prospect of approaching Death and past hope of acting a part any longer on the present Stage or who have seen and read the two Papers left in his Closet which have been since published to the World and attested for Authentick by the present King And had we been so just to our selves as to have examined the whole course of his Reign both in his Alliances Abroad and his most Important Counsels and Actions at Home or had we hearkened to the Reports of those who knew him at Collen and in Flanders we had been long ago convinced of what Religion he was Nor were his many repeated Protestations of his Zeal for Protestancy but in order to delude the Nation till insensibly as to us and with safety to himself he had overturned the Religion which he pretended to own and had introduced that which he inveighed against And while with the highest asseverations he disclaimed the being what he really was and with most sacred and tremendous Oaths professed the being what he was not his Religion might in the mean time have been traced through all the signal Occurrences of his Government and have been discerned written in Capital Letters through all the material Affairs wherein he was engaged from the Day he ascended the Throne till the Hour he left the World His entring into two Wars against the Dutch without any provocation on their part or ground on his save their being a Protestant State his being not only conscious unto but interposing his Commands as well as Encouragements for the burning of London His concurrence in all the parts of the Popish Plot except that which the Jesuites with a few others were involved in against himself his stifling that Conspiracy and delivering the Roman Catholicks from the Dangers into which it had cast them His being the Author of so many forged Plots which he caused to be charged on Protestants His constant Confederacies with France to the disobliging his people the betraying of Europe the neglect of the reformed in that Kingdom and the encouraging the Design carried on against them for their Extirpation His entailing the Duke of York upon the Nation contrary to the Desires and Endeavours of three several Parliaments and that not out of Love to his person but Affection to Popery which he knew that Gentleman would introduce and establish All these besides many other things which might be named were sufficient Evidences of the late King's Religion and of the Design he was engaged in for the Subversion of Ours So that it would fill a sober person with amazement to think that after all this there should be so many sincere Protestants and true English Men who not only believed the late King to be of the reformed Religion but with an insatiableness thirsted after the Blood of those that durst otherwise represent him And had it not been for his receiving Absolution and Extream Unction from a Popish Priest at his Death and for what he left in writing in the two Papers found in his strong Box he would have still passed for a Prince
commended or promised to stand by him For tho the Matter and Subject of the Arbitrary Act of him now upon the Throne be not as to every Branch of it so publickly Scandalous as some of the Arbitrary Proceedings of the late King were as relating to a Favor which Mankind hath a just Claim unto yet it is every way as Illegal being in reference to a Privilege which his Majesty hath no Authority to grant and bestow And were it not that there are many Dissenters who preserve themselves Innocent at this Juncture and upon whom the Temptation that is administred makes no Impression the World would have just ground to say that the Fanaticks are not governed by Principles but that the Measures they walk by are what conduceth to their private and personal Benefit or what lyes in a Tendency to their Loss and Prejudice And that it was not the late King's Usurping and exerting an Arbitrary and illegal Power that offended them but that they were not the Objects in whose Favor it was exercised 'T is also an Aggravation of their Folly as well as their Offence that they should revive a Practice which the Nation was grown asham'd of and whereof they who had been guilty begun to repent through having seen that all the former Declarations Assurances and Promises of the Royal Brothers which tempted to Applications of that kind were but so many Juggles peculiar to the late Breed of the Family for the deceiving of Mankind and that never one of them was performed and made good But the Transgression as well as the Imprudence of the present Addressers is yet the greater and they are the more Criminal and Inexcusable before God and Men in that they might have enjoyed all the Benefits of the King's Declaration without acknowledging the Justice of the Authority by which it was granted or making themselves the Scorn and Contempt of all that are truly Honest and Wise by their servile Adulations and their Gratulatory Scriblers unbecoming English-men and Protestants They had no more to do but to continue their Meetings as they had sometimes heretofore used to do without taking notice that the present Suspension of the Laws made their Assembling together more safe and freed them from Apprehensions of Fines and Imprisonments Nor could the King how much soever displeased with such a Conduct have at this time ventured upon the expressing Displeasure against them seeing as that would have been both to have proclaimed his Hypocrisie in saying That Conscience ought not to be constrained nor People forced in matters of mere Religion and a discovering the villainous Design in Subserviency to which the Declaration had been emitted so it were not possible for him after what he hath published to single out the Dissenters from amongst other Protestants and to fall upon all before Matters are more ripe for it might be a means of the Abortion of all his Popish Projections and of saving the whole Reformed Interest in Great Britain Neither would the Church of England-men have envied their Tranquility or have blamed their Carriage but would have been glad that their Brethren had been eased from Oppressions and themselves delivered from the grievous and dishonorable Task of prosecuting them which they had formerly been forced unto by Court-Injunctions and Commands And as they would have by a Conduct of this Nature had all the Freedom which they now enjoy without the Guilt and Reproach which they have derived upon themselves by Addressing so such a Carriage would have wonderfully recommended them to the Favor of a true English Parliament which tho it would see cause to condemn the King's Usurping a Power of Suspending the Laws and to make void his Declaration yet in gratitude to Dissenters for such a Behavior as well as in Pity and Compassion to them as English Protestants such a Parliament would not fail to do all it could to give them relief in a legal way Whereas if any thing Enflame and Exasperate the Nation to revive their Sufferings it will arise from a Resentment of the unworthy and treacherous Carriage of so many of them in this critical and dangerous Juncture But the Terms which through their Addressing they have owned the receiving their Liberty and Indulgence upon does in a peculiar manner enhance their Guilt against God and their Country and strangely adds to the Disgust and Anger which Lovers of Religion and the Laws of the Nation have conceived against them For it is not only upon the Acknowledgment of a Prerogative in the King over the Laws that they have received and now hold their Liberty but it is upon the Condition That nothing be preached or taught amongst them that may any ways tend to alienate the Hearts of the People from his Majesty's Person and Government He must be of an Understanding very near allied unto and approaching to that of an Irish-man who does not know what the Court-Sense of that Clause is and that his Majesty thereby intends that they are not to preach against Popery nor to set forth the Doctrines of the Romish Church in Terms that may prevent the Peoples being infected by them much less in Colours that may render them Hated and Abhorred To accuse the King's Religion of Idolatry or to affirm the Church of Rome to be the Apocalyptick Babylon and to represent the Articles of the Tridentine Faith as Faithful Ministers of Christ ought to do would be accounted an alienating the Hearts of their Hearers from the King and his Government which as they are in the foresaid Clauses required not to do so they have by their Addressing confessed the Justice of the Terms and have undertaken to hold their Liberty by that Tenor. And to give them their due they have been very Faithful hitherto in conforming to what the King Exacts and in observing what themselves have assented to the Equity of For notwithstanding all the Danger from Popery that the Nation is exposed unto and all the Hazard that the Souls of Men are in of being poysoned with Romish Principles yet instead of Preaching or Writing against any of the Doctrines of the Church of Rome they have agreed among themselves and with such of their Congregations as approve their Procedure not so much as to mention them but to leave the Province of defending our Religion and of detecting the Falshood of Papal Tenets to the Pastors and Gentlemen of the Church of England And being ask'd as I know some of them that have been why they do not preach against Antichrist and confute the Papal Dectrines they very gravely reply that by preaching Christ they preach against Anti-christ and that by Teaching the Gospel they refute Popery which is such a piece of fraudulent and guilful Subterfuge that I want words to express the knavery and criminalness of it What a reserve and change have I lived to see in England from what I beheld a few years ago It was but the other day that the Conformable Clergy
So that Conquest may make Way for a Government but it cannot constitute it Secondly There is a Supreme Power in every Community essential to it and inseparable from it by which if it be not limited immediately by God it can form it self into any kind of Government And in some extraordinary Occasions when the Safety and Peace of the Publick necessarily require it can supply the Defects reform the Abuses and re-establish the true Fundamentals of the Government by Purging Refining and bringing Things back to their first Original Which Power may be called The Supreme Power Real Thirdly When the Community has made choice of some Form of Government and subjected themselves to it having invested some Person or Persons with the Supreme Power The Power in those Persons may be called The Supream Power Personal Fourthly If this Form be a mix'd Government of Monarchy Aristocracy and Democracy and for the easie Execution of the Laws the Executive Power be lodg'd in a single Person He has a Supream Power Personal quoad hoc Fifthly The Supreme Power Personal of England is in Kings Lords and Commons and so it was in Effect agreed to by King Charles the First in his Answer to the nineteen Popositions and resolved by the Convention of the Lords and Commons in the year 1660. And note That the Acts of that Convention tho' never confirmed by Parliament have been taken for Law and particularly by the Lord Chief Justice Hales Sixthly The Supreme Power Personal of England fails three Ways 1. 'T is dissolved For two Essential Parts fail 1. a King 2. a House of Commons which cannot be called according to Constitution the King being gone and the Freedom of Election being destroyed by the Kings Incroachments 2. The King has forfeited his Power several Ways Subjection to the Bishop of Rome is the Subjection against which our Laws cry loudest And even Barclay that Monarchical Politician acknowledges That if a King alienate his Kingdom or subject it to another he forfeits it And Grotius asserts That if a King really attempt to deliver up or subject his Kingdom he may be therein resisted And that if the King have part of the Supreme Power and the People or Senate the other part the King invading that part which is not his a just Force may be opposed and he may lose his Part of the Empire Grotius de Bello c. Cap. 72. But that the King has subjected the Kingdom to the Pope needs no Proof That he has usurp'd an absolute Power superieur to all Laws made the Peoples Share in the Legislative Power impertinent and useless and thereby invaded their just Rights none can deny 'T were in vain to multiply Instances of his Forfeitures And if we consider the Power exercis'd by him of late it will most evidently appear to all who understand the English Constitution that it admits of no such King nor any such Power 3. The King has deserted 1. By incapacitating himself by a Religion inconsistent with the Fundamentals of our Government 2. By forsaking the Power the Constitution allow'd him and usurping a Foreign one So that tho the Person remained the King was gone long ago 3. By Personal Withdrawing Seventhly The Supreme Power Real remains in the Community and they may act by their Original Power And tho every Particular Person is notwithstanding such Dissolution Forfeiture or Desertion subject to the Laws which were made by the Supreme Power Personal when in Being yet the Communities Power is not bound by them but is paramount all Laws made by the Supreme Power Personal And has a full Right to take such Measures for Settling the Government as they shall think most sure and effectual for the lasting Security and Peace of the Nation For we must note that it was the Community of England which first gave Being to both King and Parliament and to all the other Parts of our Constitution Eighthly The most Renowned Politician observes That those Kingdoms and Republicks subsist longest that are often renewed or brought back to their first Beginnings which is an Observation of Self-evident Truth and implies That the Supreme Power Real has a Right to renew or bring back And the most-ingenious Lawson observes in his Politica That the Community of England in the late Times had the greatest Advantage that they or their Ancestors had had for many Ages for this purpose tho God hid it from their Eyes But the wonderful Concurrence of such a series of Providences as we now see and admire gives ground to hope That the Veil is removed and the Nation will now see the Things that concern their Peace Ninthly The Acts done and executed by the Supreme Power Personal when in Being have so modell'd the Parts and Persons of the Community that the Original Constitution is the best justest and the most desirable The Royal Family affords a Person that both Heaven and Earth point out for King There are Lords whose Nobility is not affected by the Dissolution of the Government and are the subject Matter of a House of Lords And there are Places which by Custom or Charter have Right to choose Representatives of the Commons Tenthly There are inextricable Difficulties in all other Methods For 1. There is no Demise of the King neither Civil nor Natural 2. There is consequently no Descent 3. The Community only has a Right to take Advantage of the King's Forfeiture or Desertion 4. Whatever other Power may be imagin'd in the two Houses as Houses of Parliament it cannot justify it self to the Reason of any who understand the Bottom of our Constitution 5. By this Method all Popish Successors may be excluded and the Government secured in case all the Protestants of the Family die without Issue And this by the very Constitution of England And the Question can never arise about the Force or the Lawfulness of a Bill of Exclusion 6. The Convention will not be oblig'd to take Oaths c. Eleventhly If these things be granted and the Community be at Liberty to act as above it will certainly be most advisable not only for the Security and Welfare of the Nation but if rightly understood for the Interest of their Royal Highnesses to limit the Crown as follows To the Prince of Orange during his Life yet with all possible Honour and Respect to the Princess whose Interests and Inclinations are inseparably the same with his Remainder to the Princess of Orange and the Heirs of her Body Remainder to the Princess of Denmark and the Heirs of her Body Remainder to the Heirs of the Body of the Prince of Orange Remainder as an Act of Parliament shall appoint This will have these Conveniences among others 1. Husband and Wife are but one Person in Law and her Husbands Honour is hers 2. It puts the present Kingly Power into the best Hand in the World which without Flattery is agreed on by all Men. 3. It asserts the above said Power in the
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
Years after that he called no Parliament notwithstanding the Law for Triennial Parliaments and the manner of his Death and the Papers printed after his Death in his Name having sufficiently shewed that he was equally sincere in both those Assurances that he gave as well in that relating to Religion as in that other relating to frequent Parliaments yet upon his Death a new set of Addresses appeared in which all that Flattery couldinvent was brought forth in the Commendations of a Prince to whose Memory the greatest kindness can be done is to forget him and because his present Majesty upon his coming to the Throne gave some very general Promise of maintaining the Church of England this was magnified in so extravagant a strain as if it had been a Security greater than any that the Law could give tho' by the regard that the King has both to it and to the Laws it appears that he is resolved to maintain both equally since then the Nation has already made it self sufficiently ridiculous both to the present and to all succeeding Ages it is time that at last men should grow weary and become ashamed of their Folly XII The Nonconformists are now invited to set an Example to the rest and they who have valued themselves hitherto upon their Opposition to Popery and that have quarrelled with the Church of England for some small Approaches to it in a few Ceremonies are now solicited to rejoyce because the Laws that secure us against it are all plucked up since they enjoy at present and during pleasure leave to meet together It is natural for all men to love to be set at ease especially in the matter of their Consciences but it is visible that those who allow them this favour do it with no other design but that under a pretence of a General Toleration they may Introduce a Religion which must persecute all equally It is likewise apparent how much they are hated and how much they have been persecuted by the Instigation of those who now Court them and who have now no game that is more promising than the engaging them and the Church of England into new Quarrels and as for the Promises now made to them it cannot be supposed that they will be more lasting than those that were made some time ago to the Church of England who had both a better Title in Law and greater Merit upon the Crown to assure them that they should be well used than these can pretend to The Nation has scarce forgiven some of the Church of England the Persecution into which they have suffered themselves to be cosened tho' now that they see Popery barefaced the Stand that they have made and the vigorous Opposition that they have given to it is that which makes all men willing to forget what is past and raises again the Glory of a Church that was not a little stained by the Indiscretion and Weakness of those that were too apt to believe and hope and so suffered themselves to be made a Property to those who would make them a Sacrifice The Sufferings of the Nonconformists and the Fury that the Popish party expressed against them had recommended them so much to the Compassions of the Nation and had given them so just a pretension to favour in a better time that it will look like a Curse of God upon them if a few men whom the Court has gained to betray them can have such an ill Influence upon them as to make them throw away all that Merit and those Compassions which their Sufferings have procured them and to go and court those who are only seemingly kind to them that they may destroy both them and us They must remember that as the Church of England is the only Establishment that our Religion has by Law so it is the main body of the Nation and all the Sects are but small and stragling parties and if the Legal Settlement of the Church is dissolved and that body is once broken these lesser bodies will be all at Mercy and it is an easie thing to define what the Mercies of those of the Church of Rome are XIII But tho' it must be confessed that the Nonconformists are still under some Temptations to receive every thing that gives them present ease with a little too much kindness since they lie exposed to many severe Laws for which they have of late felt the weight very heavily and as they are men and some of them as ill Natured men as other people so it is no wonder if upon the first surprises of the Declaration they are a little delighted to see the Church of England after all its Services and Submissions to the Court so much mortified by it so that taking all together it will not be strange if they commit some Follies upon this occasion Yet on the other hand it passes all imagination to see some of the Church of England especially those whose Natures we know are so particularly sharpned in the point of Persecution chiefly when it is levelled against the Dissenters rejoice at this Declaration and make Addresses upon it It it hard to think that they have attained to so high a pitch of Christian Charity as to thank those who do now Despitefully use them and that as an earnest that within a little while they will Persecute them This will be an Original and a Master-piece in Flattery which must needs draw the last degrees of Contempt on such as are capable of so abject and sordid a Compliance and that not only from all the true Members of the Church of England but likewise from those of the Church Rome it self for every man is apt to esteem an Enemy that is brave even in his Misfortunes as much as he despises those whose minds sink with their Condition for what is it that these men would Address the King Is it because he breaks those Laws that are made in their Favour and for their Protection and is now striking at the Root of all Legal Settlement that they have for their Religion Or is it because that at the same time that the King professes a Religion that condemns his Supremacy yet he is not contented with the Exercise of it as it is warranted by Law but carries it so far as to erect a Court contrary to the express words of a Law so lately made That Court takes care to maintain a due proportion between their Constitution and all their Procedings that so all may be of a piece and all equally contrary to Law They have suspended one Bishop only because he would not do that which was not in his power to do for since there is no Extrajudiciary Authority in England a Bishop can no more proceed to the Sentence of Suspension against a Clergy-man without a Tryal and the hearing of Parties than a Judge can give a Sentence in his Chamber without an Indictment a Tryal or a Jury and because one of the greatest bodies of