With several other Informations concerning other Fires in Southwark Fetter-Lane and elsewhere 27 5. Votes and Addresses of the Honourable House of Commons assembled in Parliament made 1673. concerning Popery and other Grievances 49 6. A Letter from a Parliament-man to his Friend concerning the Proceedings of the House of Commons this last Session begun the 13th of October 1675. 53 7. A Speech made by Sir William Scroggs one of His Majesty's Serjeants at Law to the Right Honourable the Lord Chancellor of England at his admission to the Place of one of His Majesty's Justices of the Court of Common-Pleas 56 8. A Discourse upon the Designs Practises and Councels of France 59 9. An Answer to a Letter written by a Member of Parliament in the Countrey upon the Occasion of his reading of the Gazette of the 11th of December 1679. wherein is the Proclamation for further proroguing the Parliament till the 11th of November next ensuing 67 10. The Right Honourable the Earl of Shaftsbury's Speech in the House of Lords March 25. 1679. 71 11. The Instrument or Writing of Association that the true Protestants of England entred into in the Reign of Queen Elizabeth 73 12. The Act of Parliament of the 27th of Queen Elizabeth in Confirmation of the same 74 13. A Word without doors concerning the Bill for Succession 76 14. A Collection of Speeches in the House of Commons in the Year 1680. 81 15. A Copy of the Duke of York's Bill 91 16. Some particular Matters of Fact relating to the Administration of Affairs in Scotland under the Duke of Lauderdale 93 17. The Impeachment of the Duke and Dutchess of Lauderdale with their Brother the Lord Hatton presented to his Majesty by the City of Edenburgh The matters of fact particularly relating to the Town of Edenburgh humbly offered for His Majesty's information 96 18. His Majesty's Declaration for the dissolving of His late Privy Council and for constituting a New One made in the Council-Chamber at White-hall April 20. 1679. 99 19. The Mâ—ssage from the King by Mr. Secretary Jenkins to the Commons on the 9th of November 1680. 102 20. The Address to His Majesty from the Commons on Saturday the 13th of November 1680. Ibid. 21. The Address of the Commons in Parliament to His Majesty to remove Sir George Jeffreys out of all publick Offices 103 22. His Majesty's Message to the Commons in Parliament relating to Tangier 104 23. The Humble Address of the Commons assembled in Parliament presented to His Majesty on Monday the 29th of November 1680. in answer to that Message ibid. 24. The Humble Address of the House of Commons presented to His Majesty on Tuesday the 21st of December 1680. in answer to His Majesty's Gracious Speech to both Houses of Parliament upon the 15th day of the same December 107 25. The Report of the Committee of the Commons appointed to examine the Proceedings of the Judges c. 109 26. The Report from the Committee of the Commons in Parliament appointed by the Honourable House of Commons to consider of the Petition of Richard Thompson of Bristol Clerk and to examine Complaints against him And the Resolution of the Commons in Parliament upon this Report for his Impeachment for High Crimes and Misdemeanors on Friday the 24th of December 1680. 116 27. Articles of Impeachment of Sir William Scroggs Chief Justice of the Court of King's Bench by the Commons in Parliament assembled in their own Name and in the name of all the Commons of England of High Treason and other great Crimes and Misdemeanors 119 28. The Humble Petition of the Right Honourable the Lord Mayor Aldermen and Commons of the City of London in Common Council assembled on the 13th of January 1680. to the King 's Most Excellent Majesty for the sitting of the Parliament prorogued to the 20th then instant together with the Resolutions Orders and Debates of the said Court 122 29. Vox Patriae Or the Resentments and Indignation of the Free-born Subjects of England against Popery Arbitrary Government the Duke of York or any Popish Successor being a true Collection of the Petitions and Addresses lately made from divers Counties Cities and Burroughs of this Realm to their Respective Representatives chosen to serve in the Parliament held at Oxford March 21 1680. 125 30. The Speech of the Honourable Henry Booth Esq at Chester the 2d of March 1680 1 〈◊〉 his being elected One of the Knights of the Shire for that County to serve in the Parliament summon'd to meet at Oxford the 21st of the said Month. 147 31. An Account of the Proceedings at the Sessions for the City of Westminster against Thomas Whitfield Scrievener John Smallbones Woodmonger and William Laud Painter for tearing a Petition prepared to be presented to the King for the sitting of the Parliament with an Account of the said Petition presented on the then 13th Instant and His Majesty's Gracious Answer 150. 32. The Judgment and Decree of the Vniversity of Oxford passed in their Convocation July 21 1683. against certain pernicious Books and damnable Doctrines destructive to the Sacred Persons of Princes Their State and Government and of all Humane Society 153 32. The Case of the Earl of Argyle Or an Exact and Full Account of his Tryal Escape and Sentence As likewise a Relation of several Matters of Fact for better clearing of the said Case 151 33. Murther will out Or The King's Letter justifying the Marquess of Antrim and declaring that what he did in the Irish Rebellion was by direction from His Royal Father and Mother and for the Service of the Crown 217 34. Vox Populi Or The Peoples claim to their Parliaments sitting to redress Grievances and to provide for the Common safety by the known Laws and Constitution of the Nation 219 35. The Security of English-mens Lives Or The Trust Power and Duty of the Grand Juries of England explained according to the Fundamentals of the English Government and the Declarations of the same made in Parliament by many Statutes 225 36. The Speech and Carriage of Stephen Colledge before the Castle at Oxford on Wednesday Aug. 31. 1681. taken exactly from his Mouth at the place of Execution 255 37. The Speech of the late Lord Russell to the Sheriffs together with the Paper delivered by him to them at the place of Execution July 21. 1683. 262 38. To the King 's Most Excellent Majesty the Humble Petition of Algernoon Sidney Esq 266 39. The very Copy of a Paper delivered to the Sheriffs upon the Scaffold on Friday Dec. 7. 1683. by Algernoon Sidney Esq before his Execution there 267 40. Of Magistracy 269. Of Prerogatives by Divine Right 270. Of Obedience 271. Of Laws 272. By Mr. Samuel Johnson 41. Copies of two Papers written by the late King Charles II. published by His Majesty's Command Printed in the Year 1686. 273. 42. A Letter containing some Remarks on the Two Papers writ by His late Majesty King Charles II. concerning Religion 274
43. A Brief Account of particulars occurring at the happy death of our late Soveraign Lord K. Ch. 2d in regard to Religion faithfully related by his then Assistant Mr. Jo. Huddleston 280 44. Some Reflections on His Majesty's Proclamation of the Twelfth of Feb. 1686 7. for a Toleration in Scotland together with the said Proclamation 281 45. His Majesty's Gracious Declaration to all his Loving Subjects for Liberty of Conscience 287 46. A Letter containing some Reflections on His Majesty's Declaration for Liberty of Conscience Dated April 4. 1687. 289 47. A Letter to a Dissenter upon Occasion of His Majesty's Late Gracious Declaration of Indulgence 294 48. The Anatomy of an Equivalent 300 49. A Letter from a Gentleman in the City to his Friend in the Countrey containing his Reasons for not reading the Declaration 309 50. An Answer to the City Minister's Letter from his Countrey Friend 314 51. A Letter from a Gentleman in Ireland to his Friend in London upon ocasion of a Pamphlet entituled A Vindication of the Present Government of Ireland under his Excellency Richard Earl of Tyrconnel 316 52. A Plain Account of the Persecution laid to the Charge of the Church of England 322 53. Abby and other Church Lands not yet assured to such possessors as are Roman-Catholicks dedicated to the Nobility and Gentry of that Religion 326 54. The King's Power in Ecclesiastical matters truly stated 331 55. A Letter writ by Mijn Heer Fagel Pensioner of Holland to Mr. James Stewart Advocate giving an Account of the Prince and Princess of Orange's thoughts concerning the Repeal of the Test and the Penal Laws 334 56. Reflections on Monsieur Fagel's Letter 338 57. Animadversions upon a pretended Answer to Mijn Heer Fagel's Letter 343 58. Some Reflections on a Discourse called Good Advice to the Church of England c. 363 59. The ill effects of Animosities 371 60. A Representation of the Threatning Dangers impending over Protestants in Great-Britain With an Account of the Arbitrary and Popish ends unto which the Declaration for Liberty of Conscience in England and the Proclamation for a Toleration in Scotland are designed 380 61. The Declaration of his Highness William Henry by the Grace of God Prince of Orange c. of the Reasons inducing him to appear in Arms in the Kingdom of England for preserving of the Protestant Religion and for restoring the Laws and Liberties of England Scotland and Ireland 420 62. His Highnesses Additional Declaration 426 63. The then supposed Third Declaration of his Royal Highness pretended to be signed at his head Quarters at Sherborn-Castle November 28. 1688. but was written by another Person tho yet unknown 427 64. The Reverend Mr. Samuel Johnson's Paper in the year 1686. for which he was sentenc'd by the Court of Kings-Bench Sir Edward Herbert being Lord Chief Justice and Sir Francis Wythens pronouncing the Sentence to stand Three times on the Pillory and to be whipp'd from Newgate to Tyburn which barbarous Sentence was Executed 428 65. Several Reasons for the establishment of a standing Army and Dissolving the Militia by the said Mr. Johnson 429 66. To the King 's Most Excellent Majesty the Humble Petition of William Archbishop of Canterbury and divers of the suffragan Bishops of that Province then present with him in behalf of themselves and others of their absent Brethren and of the Clergy of their respective Diocesses with His Majesty's Answer 430 67. The Petition of the Lords Spiritual and Temporal for the calling of a free Parliament together with His Majesty's Gracious Answer to their Lordships Ib. 68. The Prince of Orange's Letter to the English Army 431 69. Prince George his Letter to the King 432 70. The Lord Churchill's Letter to the King 432 71. The Princess Ann of Denmark's Letter to the Queen 433 72. A Memorial of the Protestants of the Church of England presented to their Royal Hignesses the Prince and Princess of Orange 433 73. Admiral Herbert's Letter to all Commanders of Ships and Seamen in His Majesty's Fleet. 434 74. The Lord Delamere's Speech 434 75. An Engagement of the Noblemen Knights and Gentlemen at Exeter to assist the Prince of Orange in the defence of the Protestant Religion Laws and Liberties of the People of England Scotland and Ireland 435 76. The Declaration of the Nobility Gentry and Commonalty at the Rendezvouz at Nottingham November 22. 1688. 436 77. His Grace the Duke of Norfolk's Speech to the Mayor of Norwich on the 1st of December in the Market-place of Norwich 437 78. The Speech of the Prince of Orange to some principal Gentlemen of Somersetshire and Dorsetshire on their coming to join his Highness at Exeter Novemb. 15. 1688. 437 79. The True Copy of a Paper delivered by the Lord Devonshire to the Mayor of Darby where he Quartered Novemb. 21. 1688. 438 80. A Letter from a Gentleman at Kings-Lynn Decemb. 7. 1688. to his Friend in London With an Address to his Grace the most Noble Henry Duke of Norfolk Lord Marshall of England Ibid. 81. His Grace's Answer with another Letter from Lynn-Regis giving the D. of Norfolk's 2d Speech there Decemb. 10. 1688. 439 82. The Declaration of the Lord 's Spiritual and Temporal in and about the Cities of London and Westminster Assembled at Guild-Hall Decemb. 11. 1688. Ibid. 83. A Paper delivered to his Highness the Prince of Orange by the Commissioners sent by His Majesty to treat with him and his Highness's Answer 1688. 440 84. The Recorder of Bristoll's Speech to his Highness the Prince of Orange Monday Jan. 7. 1688. 441. 85. The Humble Address of the Lieutenancy of the City of London to his Highness the Prince of Orange Decemb. 12. 1688. 442 86. The Humble Address of the Lord Mayor Aldermen and Commons of the City of London in Common-Council Assembled to his Highness the Prince of Orange 443 87. The Speech of Sir Geo. Treby Knight Recorder of the Honourable City of London to his Highness the Prince of Orange Decemb. 20. 1688. Ibid. 88. His Highness the Prince of Orange's Speech to the Scotch Lords and Gentlemen with their Advice and his Highness's Answer with a true Account of what past at their meeting in the Council Chamber at White-Hall Jan. 7. 1688 9. 444 89. The Emperor of Germany's Account of K. James's Misgovernment in joining with the K. of France the Common Enemy of Christendom in his Letter to K. James 446 90. The Declaration of the Lords Spiritual and Temporal and Commons Assembled at Westminster concerning the Misgovernment of K. James and filling up the Throne Presented to K. William and Q. Mary by the Right Honourable the Marquess of Hallifax Speaker to the House of Lords with His Majesty's Most Gracious Answer thereunto 447 91. A Proclamation Declaring William and Mary Prince and Princess of Orange to be King and Queen of England France and Ireland c. 449 92. The Declaration of the Estates of Scotland concerning the Misgovernment of K. James the 7th
or two Months and then they assure the Court since they can get no good by them they shall take no harm and therefore to stop them from some worthy Undertaking they by their feigned Zeal against Court Corruptions put them upon Impeaching some Treasurer Councellor or Minister of State and having spent half our time about this the rest is spent for the Clergy upon Church-Work which we have been so often put upon and tired with these many Sessions Though Partiality unbecomes a Parliament who ought to lay the whole Body that we represent alike easie Nonconformists as well as Conformists for we were chosen by both and with that Intention that we should oppress neither To lay one part therefore of the Body on a Pillow and the other on a Rack sorts our Wisdom little but our Justice worse You now see all our Shapes save only the Indigents concerning whom I need say but little for their Votes are publickly saleable for a Guinea and a Dinner every Day in the Week unless the House be upon Money or a Minister of State For that is their Harvest and then they make their Earnings suit the Work they are about which inclines them most constantly as sure Cliants to the Court. For what with gaining the one and saving the other they now and then adventure a Vote on the Country side but the dread of Dissolution makes them strait tack about The only thing we are obliged to them for is that they do nothin Gratis but make every Tax as well Chargeable to the Court as burthensom to the Countrey and save no Mans Neck but they break his Purse And yet when all is said did but the Countrey Gentry rightly understand the Interest of Liberty Let the Courtiers and Indigents do what they could they might yet at last deserve the Name of a worthy English Parliament which that we may do is not more passionately your Desire then it also is of SIR Your most Humble Servant T. E. A SPEECH MADE BY Sir William Scrogg ONE OF HIS Majesties Sergeants at Law To the Right Honourable the Lord High Chancellor Of ENGLAND AT HIS Admission to the Place of One of His Majesties Justices of the Court of Common-Pleas My Lord THAT the King's Favour is the Effect of the Duty I have paid him which your Lordship is pleas'd to call Service is the most welcome and pleasing part of his Kindness and I trust we shall still see such Times that no Man shall hope to have it or keep it on any other Account The right Application of Rewards and Punishments is the steady Justice of a Nation where though the Rewards of Kings exceed what a Subject can merit they should never reach him that demerits To return Good for Evil may be an Obligation of Charity It is never of Bounty And the taking off as they call it of an Ambitious and therefore a Factious Man by Favours is the worst way to stop or open his Mouth for he will whisper one way louder then he will speak the other And when you think you gain one Enemy you make many On such an Occasion as this I think it very proper to give your Lordship some Account what Considerations I have had in order to the Discharge of my Duty in this Place since the King 's first Intimations of his Pleasure And that respects Matters either as they stand betwixt the King and his People or betwixt Man and Man As for the First I know that the Law gives such Prerogatives to the King that to endeavour more were to desire worse and it gives to the People such Liberties that more would be Licentious What then hath a Man to do that hath Courage enough to be Honest but to Apply his Understanding to the Ministration of those Laws justly to both wherein I may say that the Cases will be rare that will be difficult in themselves They may be made so from sinister Causes when Men thinking to serve a Turn or like Pilate to please the People deliver up that which is Right to be Crucified Then they are fain to rack their Fancies to make good their Faults This makes such nice Distinctions and such strained Constructions till they leave nothing plain in the World Whereas in truth the Duty we owe to the King and his People is like the Duty we owe to God not hard to understand whatever it is to Practise This Court My Lord 't is true is properly a Court of Meum and Tuum where Prerogative and Liberty are seldom Plaintiffs or Defendants but yet 't is certain that even in private Causes Matter of Government many times intervenes and the Publick is concern'd by Consequence And therefore I think it fair and like English Honesty and Plainness something to unveil one's self in that particular that Men may know before-hand what they may expect And herein I do declare I would no more wrong or lessen the People's Liberties then I would sacrifice up my Son But then I will no more derogate from the King's Prerogative then I would betray my Father My Lord In time when Faction is so bold as to be bare-fac'd and false and seditious News is openly talk'd and greedily embrac'd when the King 's reasonable Demands are disputed and turned into Cavils and those that oppose 'em talk confidently and those that should maintain 'em speak fearfully and tenderly when the Reverence we owe to the King is paid to the People the Government is beset the King is in Danger and there is nothing wanting but Opportunity But when to prevent that Opportunity Men are afraid and hold it dangerous to avoid the Danger when we dare not call a Crime by its right name and for some find none and a Mischief must be effected before we will think it one When dangerous Attempts are minc'd and by some trivial difference Treason is distinguish'd into a Trespass when Men are forward and ventrous enough in what thwarts the Government but in supporting it seem grave and cautious nice and timorous and so fill'd with Prudentials till they are as wise as fear can make 'em The Law is enervated and becomes useless to its greatest end which is the Preservation of the whole 'T is true in Publick Causes the same Integrity is necessary as in Private But that is but part of a Judge's Duty He must be Magnanimous as well as Virtuous And I acknowledge it to be a main and principal part of my Duty as it relates to the King and his People with hearty Resolution to suppress all open Force and private Confederacies not thinking any thing little that attempts the Publick Safety for when the Motives are small the Danger is greater when Discontents exceed their Causes And for the Discharge of my Duty betwixt Party and Party it is impossible to be performed without these two Cardinal Virtues Temper and Cleanness of Hands Temper comprehends Patience Humility and Candor It seems to me that Saying Be quick
sight hereof to be Aiding and Assisting unto Robert Stephens Messenger of the Press in the seizing on all such Books and and Pamphlets as asoresaid as he shall be informed of in any Book-sellers or Printers Shops or Ware-houses or elsewhere whatsoever to the end they may be disposed as to Law shall appertain Also if you shall be informed of the Authors Printers or Publishers of such Books or Pamphlets as are above-mentioned you are to Apprehend them and have them before one of His Majestiees Justices of the Peace to be proceeded against according to Law Dated this 29th day of November 1679. To Robert Stephens Messenger of the Press and to all Mayors Sheriffs Bayliffs Constables and all other Officers and Ministers whom these may concern WILLIAM SCROGGS Angl. ss WHereas The King's Majesty hath lately Issued out His Proclamation for Suppressing the Printing and Publishing Unlicensed News-Books and Pamphlets of News Notwithstanding which there are divers Persons who do daily Print and Publish such Unlicensed Books and Pamphlets These are therefore to Will and Require You and in His Majesty's Name to Charge and Command You and every of You from Time to Time and at all Times so often as You shall be thereunto required to be Aiding and Assisting to Robert Stephens Messenger of the Press in the Seizing all such Books and Pamphlets as aforesaid as he shall be informed of in any Book-seller's Shop or Printer's Shop or Ware-houses or elsewhere whatsoever to the end they may be disposed of as to Law shall appertain Likewise if You shall be Informed of the Authors Printers or Publishers of such Books and Pamphlets You are to Apprehend them and have them before Me or one of His Majesty's Justices of the Peace to be proceeded against as to Law shall appertain Dated this 28th Day of May Anno Dom. 1680. To all Mayors Sheriffs Bayliffs Constables and all other Officers and Ministers whom these may concern WILLIAM SCROGGS To Robert Stephens Messenger of the Press Upon view whereof this Committee came to this Resolution Resolved That it is the Opinion of this Committee That the said Warrants are Arbitrary and Illegal And this Committee being informed of certain Scandalous Discourses said to be uttered in publick places by the Lord Chief Justice Scroggs proceeded to Examine Sir Robert Atkins late one of the Justices of the Common Pleas concerning the same by whom it appears That at a Sessions-Dinner at the Old-Bayly in the Maiorality of Sir Robert Clayton who was then present the said Chief Justice took occasion to speak very much against Petitioning condemning it as resembling 41 as Factious and tending to Rebellion or to that effect to which the said Sir Robert Atkins made no Reply suspecting he waited for some Advantage over him But the Chief Justice continuing and pressing him with the said Discourse he began to justifie Petitioning as the Right of the People especially for the Sitting of a Parliament which the Law requires if it be done with Modesty and Respect Upon which the Chief Justice fell into a great passion and there is some reason to believe that soon after he made an ill Representation of what the said Sir Robert had then spoke unto his Majesty And this Committee was further informed That the said Sir Robert Atkins being in Circuit with the said Chief Justice at Summer Assizes was Twelve-month at Monmouthâ— Mr. Arnold Mr. Price and Mr. Bedlow being then in company the Chief Justice fell severely in publick upon Mr. Bedlow taking off the Credit of his Evidence and alledging he had over-shot himself in it or to that effect very much to the Disparagement of his Testimony And the said Sir Robert defending Mr. Bedlow's Evidence and Credit he grew extreme Angry and Loud saying to this Effect That he verily believed Langhorn died Innocently To which the said Sir Robert replied He wondred how he could think so who had condemned him himself and had not moved the King for a Reprieve for him All which matters of Discourse this Committee humbly Submit to the Wisdom and Consideration of this House without taking upon them to give any Opinion therein And this Committee proceeded further to inquire into some Passages that happened at Lent Assizes last for the County of Somerset at the Tryal of Thomas Dare Gent. there upon an Indictment for saying falsly and seditiously That the Subjects had but two means to Redress their Grievances one by Petitioning the other by Rebellion And found that though by his other discourse when he said so that it appeared plainly he had no Rebellious intent in that he said Then God forbid there should be a Rebellion he would be the first Man to draw his Sword against a Rebel yet he was prosecuted with great violence And having pleaded Not Guilty he moved Mr. Justice Jones who then sate Judge there that he might try it at the next Assizes for that Mr. Searle who was by at the speaking of the words and a material Witness for his Defence was not then to be had and an Affidavit to that purpose was made and received But the said Justice Jones told him That was a Favour of the Court only and he had not deserved any Favour and so forc'd him to try it presently But the Jury appearing to be an extraordinary one provided on purpose being all of persons that had highly opposed Petitioning for the Sitting of this Parliament he was advised to withdraw his Plea and the said Justice Jones encouraging him so to do he confest the words denying any Evil Intention and gave the said Justice an account in writing of the Truth of the whole matter and made a submission in Court as he was directed by the said Justice Who promis'd to recommend him to His Majesty but imposed a Fine of 500 l. on him and to be bound to the Good Behaviour for three years Declaring also That he was turned out from being a Common-Councellor of the Corporation of Taunton in the said County on pretence of a Clause in their Charter giving such a power to a Judge of Assize And the said Thomas Dare remains yet in Prison for the said Fine in which matter of the Tryal aforesaid this Committee desireth to refer it self to the Judgment of this House The Resolutions of the House of Commons upon the said Report I. THat it is the Opinion of this House That the Discharging of the Grand Jury of the Hundred of Oswalston in the County of Middlesex by the Court of King's Bench in Trinity Term last before the last day of the Term and before they had finished their Presentments was Arbitrary and Illegal destructive to publick Justice a manifest Violation of the Oaths of the Judges of that Court and a means to subvert the Fundamental Laws of this Kingdom and to introduce Popery II. That it is the Opinion of this House That the Rule made by the Court of King's Bench in Trinity Term last against Printing of a
of mind to be in imminent Danger from all Popish Attempts and Conspiracies whatsoever As also to take Care for the Exclusion and Prevention of any Popish Successor from inheriting the Imperial Crown of this Realm In the firm and faithful Discharge of that great Trust we have reposed in you whereof we do not in the least doubt withal confidently believing That you will not charge our Estates till we are effectually secured from Popery and Arbitrary Government We do assure you That we will stand by you with our Lives and Fortunes And we shall ever pray for your good Success The Sense of the Gentry and Free-holders of the County of Nottingham to Sir Scroop How and John White elected Knights of the Shire there Febr. 22. as it was delivered in the following Speech made by a worthy Gentleman in the Name and by and with the Consent and Approbation of the whole Company of Electors Gentlemen WE give you hearty Thanks for your good Service in the late Parliaments and for accepting the same Trust again And we desire you to persevere in the same steps you have before made for the Preservation of His Majesty's Royal Person against the wicked Attempts of the Hellish Plotters And for the Defence of Religion and Property against Popery and Arbitrary Power and that you would be sparing of our Money until those things are effectually secured and a sure Foundation laid of an happy Union between the King and his People by the removal of those Evil Instruments who through private Interest and Ambition make it their business to divide their Affections The Barkshire Address to the Gentlemen Unanimously Elected to serve for that County Feb. 28. 1680 1. To the Worshipful William Barker and Richard Southby Esquires now Chosen to be the Representatives of the County of Berks. WE the Free-holders of this County being abundantly satisfied of your Faithful Discharge of the great Trust we reposed in you in the last Parliament in your Care and constant Attendance is the true Inducement of our Chusing you again this Day to be our Representatives in this Parliament to be holden at Oxford and do return you our hearty Thanks 1. That you have asserted our Right of the Legal Petitioning for Redress of our just Grievances and punishing those who labour to betray it 2. For endeavouring to preserve his Majesty's Royal Person the Protestant Religion and the Established Government of this Realm 3. In using the most effectual Means conducing to so good an End viz. the Excluding of James Duke of York or any Popish Successor from ever Inheriting this Crown being the only way as we imagine under God to destroy and root Popery out of this Realm 4. For endeavouring the frequent Meeting and Sitting of Parliaments already by Law provided for the preservation of our Lives Liberties and Estates for the support of his Majesty and the Government it self 5. For Repealing the 35th of Queen Elizabeth whereby all true Protestants might not be liable to utter Ruine and perpetual Banishment 6. For your Inspection into the Illegal and Arbitrary Proceedings of the Courts in Westminster-Hall as destructive to publick Justice and violating the Rights of the Subjects and in effect to subvert the Ancient Constitution of Parliaments and the Government of this Kingdom 7. That you laboured for an Happy and Necessary Union amongst all his Majesty's Protestant Subjects as being the surest way to defend the true Religion from all the evil Attempts of our Popish Adversaries 8. For Repealing the Corporation Act. And now our Request is That you will not consent to any Money-Bill till the aforesaid particulars be throughly effected and in so doing we do hereby engage to stand by you with our Lives and Fortunes The Address of the Town of Dover To Thomas Papillon and William Stokes Esquires the late and now new elected Members to serve in Parliament for the Town and Port of Dover in the County of Kent WE the Mayor Jurats and Commonalty of the said Town of Dover having duly considered the good Abilities and great Faithfulness of you who have been our Representatives in the two preceeding Parliaments and have therein given demonstration of your Loyalty to his Majesty and for the Security of his Majesty's Kingdoms do with all gratefulness return you our hearty thanks and do pray that in pursuance of the Trust we have now again reposed in you you will with the same Candor and Faithfulness endeavour the Security of his Majesty's Person the Protestant Religion and his Majesty's Protestant Subjects by your utmost endeavours for the perfecting of those good Bills that were before you in the last Parliament in prosecution of which we will stand by you with our Lives and Fortunes The Address of the Borough of New-Castle under Line as it was read in the Town-Hall by the Recorder and fully consented to by the Inhabitants March the 3d. To the Right Worshipful Sir Thomas Bellot Bar. and William Loveson Gower Esq now Chosen Burgesses for the Borough of New-Castle under Line WE the Mayor Aldermen and Free-Burgesses Inhabitants of the aforesaid Borough being deeply sensible of your faithful Discharge of the great Trust reposed in you the two last Parliaments and of the unspeakable Danger threatning his Majesty's Life the Protestant Religion and the well-established Government of this Kingdom from the Hellish Designs of the Papists and their Adherents And that our Religion and Liberties can only under God be secured to us and our Posterities by the wholesome Advice of Parliaments have now chosen you again to represent us in the next ensuing Parliament to be held at Oxford March 21st instant in confidence of your continued Faithfulness Integrity and Courage still to Discharge so great a Trust especially in this time of so imminent Danger And we do hereby declare That to our utmost power though with the hazard of our Lives and Fortunes we will maintain and approve of what shall be resolved in Parliament for the maintaining the Protestant Religion against Popery and Arbitrary Government And we also having already had such Experience of your Affections to the Kingdoms Interest hope that you will not consent to the Disposal of any of our Moneys till we are effectually setured against Popery and then a Charge upon us to the half of what we enjoy will be chearfully accepted by us And we hope that you will also endeavour to the utmost of your Power to disable James Duke of York and all other Popish Pretenders from Inheriting the Imperial Crown of this Realm And thereby you will lay a firm Obligation upon us who will heartily and unfeignedly pray for your good Success in so weighty an undertaking Signed Ralph Wood Mayor Nath. Beard and Will. Middleton Justices and by the Aldermen and Capital Burgesses and above 200 more of the Chief Inhabitants with their own hands The Address of the Gentry and other Free-holders of the County of Sussex To Sir Will. Thomas and Sir John Fagg
in open Arms or with Arms in their Houses or about their Persons or in any Office or Imployment Civil or Military upon any Pretence whatsoever contrary to the known Laws of the Land shall be treated by Us and our Forces not as Soldiers and Gentlemen but as Robbers Free-Booters and Banditti they shall be incapable of Quarter and intirely delivered up to the Discretion of our Soldiers And We do further declare that all Persons who shall be found any ways aiding and assisting to them or shall march under their Command or shall joyn with or submit to them in the Discharge or Execution of their Illegal Commissions or Authority shall be looked upon as Partakers of their Crimes Enemies to the Laws and to their Country And whereas we are certainly informed that great Numbers of armed Papists have of late resorted to London and Westminster and parts adjacent where they remain as we have reason to suspect not so much for their own Security as out of a wicked and barbarous Design to make some desperate Attempt upon the said Cities and their Inhabitants by Fire or a sudden Massacre or both or else to be the more ready to joyn themselves to a Body of French Troops designed if it be possible to land in England procured of the French King by the Interest and Power of the Jesuits in Pursuance of the Engagements which at the Instigation of that pestilent Society his most Christian Majesty with one of his Neighbouring Princes of the same Communion has entred into for the utter Extirpation of the Protestant Religion out of Europe Tho we hope we have taken such effectual care to prevent the one and secure the other that by God's Assistance we cannot doubt but we shall defeat all their wicked Enterprises and Designs We cannot however forbear out of the great and tender Concern We have to preserve the People of England and particularly those great and populous Cities from the cruel Rage and bloody Revenge of the Papists to Require and expect from all the Lord-Lieutenants Deputy-Lieutenants and Justices of the Peace Lord-Mayors Mayors Sheriffs and all other Magistrates and Officers Civil and Military of all Counties Cities and Towns of England especially of the County of Middlesex and Cities of London and Westminster and parts adjacent that they do immediately disarm and secure as by Law they may and ought within their respective Counties Cities and Jurisdictions all Papists whatsoever as Persons at all times but now especially most dangerous to the Peace and Safety of the Government that so not only all Power of doing mischief may be taken from them but that the Laws which are the greatest and best Security may resume their Force and be strictly Executed And We do hereby likewise Declare that We will Protect and Defend all those who shall not be afraid to do their Duty in Obedience to these Laws And that for those Magistrates and others of what condition soever they be who shall refuse to assist Us and in Obedience to the Laws to Execute vigorously what we have required of them and suffer themselves at this Juncture to be cajoled or terrified out of ther Duty We will esteem them the most Criminal and Infamous of all Men Betrayers of their Religion the Laws and their Native Country and shall not fail to treat them accordingly resolving to expect and require at their hands the Life of every single Protestant that shall perish and every House that shall be burnt or destroyed by their Treachery and Cowardise William Henry Prince of Orange Given under our Hand and Seal at our Head-quarters at Sherburn Castle the 28th day of November 1688. By his Highness special Command C. HUYGENS. The following Paper was Published by Mr. Samuel Johnson in the Year 1686. for which he was Sentenc'd by the Court of King's Bench Sir Edward Herbert being Lord Chief Justice to stand three times on the Pillory and to be whipp'd from Newgate to Tyburn Which barbarous Sentence was Executed An Humble and Hearty Address to all the English Protestants in this present Army Gentlemen NExt to the Duty which we owe to God which ought to be the principal Care of Men of your Profession especially because you carry your Lives in your Hands and often look Death in the Face The second Thing that deserves your Consideration is The service of your Native Country wherein you drew your first Breath and breathed a free English Air. Now I would desire you to consider how well you comply with these two main Points by engaging in this present Service Is it in the Name of God and for his Service that you have joyned your selves with Papists who will indeed fight for the Mass-book but burn the Bible and who seek to Extirpate the Protestant Religion with Your Swords because they cannot do it with their Own And will you be Aiding and Assisting to set up Mass-houses to Erect that Popish Kingdom of Darkness and Desolation amongst us and to train up all our Children in Popery How can you do these Things and yet call your selves Protestants And then what Service can be done your Country by being under the Command of French and Irish Papists and by bringing the Nation under a Foreign Yoke Will you help them to make forcible Entry into the Houses of your Country-men under the Name of Quartering directly contrary to Magna Charta and the Petition of Right Will you be Aiding and Assisting to all the Murders and Outrages which they shall commit by their void Commissions Which were declared Illegal and sufficiently blasted by both Houses of Parliament if there had been any need of it for it was very well known before That a Papist cannot have a Commission but by the Law is utterly Disabled and Disarmed Will you exchange your Birth-right of English Laws and Liberties for Martial or Club-law and help to destroy all others only to be eaten last your selves If I know you well as you are English Men you hate and scorn these Things And therefore be not unequally yoaked with Idolatrous and Bloody Papists Be Valiant for the Truth and shew your selves Men. The same Considerations are likewise humbly offered to all the English Seamen who have been the Bulwark of this Nation against Popery and Slavery ever since Eighty Eight Several Reasons for the Establishment of a standing Army and Dissolving the Militia By Mr. S. Johnson 1. BEcause the Lords Lieutenants Deputy Lieutenants and the whole Militia that is to say the Lords Gentlemen and Free-holders of England are not fit to be trusted with their own Laws Lives Liberties and Estates and therefore ought to have Guardians and Keepers assigned to them 2. Because Mercenary Soldiers who fight for twelve Pence a Day will fight better as having more to lose than either the Nobility or Gentry 3. Because there are no Irish Papists in the Militia who are certainly the best Soldiers in the World for they have slain Men Women and Children
STATE TRACTS Being a Farther COLLECTION OF Several Choice Treatises Relating to the GOVERNMENT From the YEAR 1660. to 1689. Now Published in a Body to shew the Necessity and clear the Legality of the Late REVOLUTION and Our present Happy SETTLEMENT under the Auspicious Reign of Their MAJESTIES King William and Queen Mary LONDON Printed and are to be Sold by RICHARD BALDWIN near the Oxford-Arms in Warwick-Lane MDCXCII PREFACE to the READER THE Main and Principal Design of making this following Collection was to preserve entire in this Second Volume some other Excellent Tracts of equal esteem and value with the former which made that Book so much obtain among the Learned and Curious as that the whole Impression of it is already near sold And as it cannot but be very entertaining to Vs in the reading of them who do yet so sensibly remember what we then felt and looked for worse to fall on us every day than other so it will certainly be of great Benefit and Advantage to our Posterities in future who may considerably profit themselves by our Misfortunes This is a Collection that in the general will set forth the true and Legal Constitution of our Ancient Famous English Government which of all the Countries in Europe Memoirs of Philip de Comines Kt. lib. 5. cap. 18. p. 334. in Octavo Printed 1674. where I was ever acquainted says the Noble Lord of Argenton is no-where so well managed the People no-where less obnoxious to Violence nor their Houses less liable to the Desolations of War than in England for there the Calamities fall only upon the Authors 'T was a true Observation that this Great Man made of the Justice of our Gallant Ancestors in his days how miserable the Successive Generations have deviated from the vertue of their steps how much the strict Piety of their Manners and the noble Bravery of their Spirits Tempers and Complexions have been enervated and dissolved by the later looseness supine carelesness and degeneracy the present Age hath great reason to bewail and 't is hoped that those to come will be hereby cautioned to grow wiser and better by those past Follies and Miscarriages In particular Here will be seen the dangerous Consequences of keeping up a standing Army within these Kingdoms in a time of Peace without consent of Parliament The Trust Power and Duty of Grand Juries and the great Security of English-mens Lives in their faithful discharge thereof The Right of the Subject to Petition their King for Redress of their Wrongs and Oppressions and that Access to the Sovereign ought not to be shut up in case of any Distresses of his People The Spring of all our late private Mischievous Councils and Cabals and the Special Tools that were thought fittest for Preferment to be imployed under a colour of Authority to put all those concerted Designs in motion and execution The Parliament's Care in appointing a Committee to examine the Proceedings of the Forward and Active Judges upon several Cases that were brought before them of grand importance to the Common-weal Peace and Safety of the Nation ☞ and the Resolution of the House of Commons upon their Report That the Judges said Proceedings were Arbitrary and Illegal destructive to Publick Justice a high and manifest Violation of their Oaths a Scandal to the Reformation an usurpation of the Legislative Power to themselves and a means to subvert the Fundamental Laws of this Kingdom And the several Grievances that this Nation hath long been labouring under for the Advancement of Popery Arbitrary Dominion and the unmeasurable Growth and Power of France There are likewise interspersed in this Volume several Matters of Fact relating to the Male-Admininistration of Affairs in Scotland under Duke Lauderdale and his Favourites as also a Large and Faithful Account of the late Earl of Argyle's Tryal Escape and Sentence with divers other things for the better clearing of his Case In a word This Collection will discover to us the Mysteries of the Monarchy in the two Late Reigns and the Abused Trust of Government in those Princes by a Dispencing Power both in Ecclesiastical and Civil Matters to Tyrannize over their Subjects who in the mean while were taught by sâ—me Passive-Obedience and Non-Resistance Doctrine-holders That all their Duty was tamely to submit to and patiently sigh under their daily Sufferings and Oppressions and I think we bore them so long till we were within one throw more of loosing all our good old Laws and Constitutions and even the Government it self Our Miseries were lately so great and many as you will find here that it is impossible for any one better and more fully to express them than in the words of a very Learned and Judicious Author who hath thus given us a just and lively Representation of them Our Laws says he were trampled under foot and upon the matter abolished to set up Will and Pleasure in their room under the Cant and Pretence of Dispencing Power Our Constitution was overthrown by the Trick of New Charters and by closetting and corrupting Members of Parliament Men were required under pain of the highest Displeasure to consent Some Considerations about the most proper way of raising Money in the present Conjuncture Printed Octob. 1691. and concur to the sacrificing their Religion and the Liberty of their Countrey The worthiest honestest and bravest Men in England had been barbarously murthered and to aggravate the Injustice which was done them all bad been varnished over with a Colour of Law and the Formality of Tryals not unlike the Case of Naboth and Ahab Those whom the Law declared Traytors were in defiance of the National Authority introduced into our Councils and the Conduct of Affairs put into their hands Our Vniversities were invaded by open Force those who were in the lawful possession of the Government of Colledges turned out and Papists sent thither in their room And if that Attempt had throughly prospered the Churches and Pulpits would soon have followed It were vain to go about to enumerate Particulars In a word the Nation was undone All was lost The Judges were suborned or threatned to declare that the King was Master of all the Laws and the Bishops were required to publish this New-created Prerogative in all the Churches of England by the Mouths of the Clergy which when some of them refused to do representing to the King with the utmost submission and modesty that neither Conscience nor Justice permitted them to do what he desired they were prosecuted at Law as if they had been guilty of some great Crime Letters were written and intercepted by which it appeared evidently that the change of our Religion was determined and that Popery was to be brought in with all speed least the opportunity should be lost And for the better compassing this pious design our Civil and Parliamentary Rights were to be taken away in Ordine ad Spiritualia And when the Nation and those who were concerned
and filling up the Throne with K. William and Q. Mary 450 93. A Proclamation Declaring William and Mary King and Queen of England to be King and Queen of Scotland Edinburgh April 11. 1689. 452 93. The manner of the King and Queen's taking the Coronation-Oath 453 94. The Coronation-Oath of England 454 The Coronation-Oath of Scotland Ibid. 95. Proposals humbly offered to the Lords and Commons in the present Convention for Setling of the Government 455 96. The late Honourable Convention proved a Legal Parliament 457 97. The Present Convention a Parliament 459 98. The Thoughts of a private Person about the Justice of the Gentlemens undertaking at York Novemb. 1688. wherein is shewed That it is neither against Scripture nor Moral Honesty to defend their Just and Legal Rights against the Illegal Invaders of them occasioned then by some private Debates and now submitted to better Judgments 461 99. An Enquiry into the Measures of Submission to the Supream Authority and of the Grounds upon which it may be lawful or necessary for Subjects to defend their Religion Lives and Liberties 483 100. The Oaths of Allegiance and Supremacy no Badges of Slavery 489 THE Earl of Clarendon's Speech ABOUT Disbanding the Army SEPTEMBER 13. 1660. My Lords and Gentlemen THE King tells you that he hath commanded me to say many particulars to you and the truth is He hath charged me with so many that I have great reason to fear that I shall stand in much need of His Mercy for omitting many things He hath given me in Command at least for delivering them in more Disorder and Confusion then Matters of such Moment and Importance ought to be to such an Assembly for which the King Himself hath even a kind of Reverence as well as an extraordinary Kindness I am to mention some things He hath done already and many things He intends to do during this Recess that you may see how well content soever he is that you should have Ease and Pleasure and Refreshment he hath designed Work enough for Himself The King hath thanked you for the Provision you have made that there may be no free Quarter during the time the Army shall be Disbanding and hath told you what He will do with that Money you have given Him if there should want wherewithal to Disband it And now I hope you will all believe that His Majesty will consent to the Disbanding He will do so And yet He does not take it unkindly at their hands who have thought that his Majesty would not Disband this Army It was a sober and a rational Jealousie No other Prince in Europe would be willing to Disband such an Army an Army to which Victory is entailed and which humanely speaking could hardly fail of Conquest whithersoever He should lead it and if God had not restored His Majesty to that rare Felicity as to be without apprehension of Danger at home or from abroad and without any Ambition of taking from his Neighbours what they are possessed of Himself would never Disband this Army an Army whose Order and Discipline whose Sobriety and Manners whose Courage and Success hath made it famous and terrible over the World an Army of which the King and His two Royal Brothers may say as the noble Grecian said of Aeneas Stetimus tela aspera contra Contulimusque manus experto credite quantus In clypeum assurgat quo turbine torqueat hastam They have all three in several Countries found themselves engaged in the midst of these Troops in the heat and rage of Battel and if any common Souldiers as no doubt many may will demand the old Roman Priviledge for having encountred Princes single upon my Conscience he will find both Favour and Perferment They have all three observed the Discipline and felt and admired and loved the Courage of this Army when they were the worse for it and I have seen them in a season when there was little else of comfort in their view refresh themselves with joy that the English had done the great Work the English had got the Day and then please themselves with the Imagination what wonders they should perform in the head of such an Army And therefore when His Majesty is so entirely possessed of the Affection and obedience of this Army and when it hath merited so much from Him can it be believed or imagined that He can without some regret part with them No My Lords and Gentlemen He will never part with them and the only sure way never to part with them is to Disband them should it be otherwise they must be exposed to the daily Importunity of His great Neighbours and Allies and how could He refuse to lend them His Troops of which He hath no use Himself His Majesty knows they are too good English men to wish that a standing Army should be kept in the howels of their own Countrey that they who did but in Bello pacis gerere negotium and who whilest an Army lived like good Husbandmen in the Countrey and good Citizens in the City will now become really such and take Delight in the Benefit of that Peace they have so honestly and so wonderfully brought to pass The King will part with them as the most indulgent Parents part with their Children for their Education and for their Perferment He will prefer them to Disbanding and prefer them by Disbanding and will always retain such a Kindness for them and such a Memory of the Service they have done him that both Officers and Souldiers after they are Disbanded shall always find such countenance favour and reward from His Majesty that He doubts not but if he should have Occasion to use their Service they will again resort to Him with the same Alacrity as if they had never been Disbanded And if there be any so ill amongst them as there can be but very few if any who will forfeit that Favour and Protection they may have from Him by any withstanding His Majesties Commands and the full and declared sense of the Kingdom His Majesty is confident they will be as odious to their Companions as they can be to any other honest Men. My Lords and Gentlemen I am in the next place by the Kings Command to put you in mind of the Act of Indemnity not of any Grants or Concessions or Releases He made to you in that Act I have nothing of that in charge no Prince hath so excellent a memory to forget the Favours he doth but of what He hath done against you in that Act how you may be undone by that Act if you are not very careful to perform the Obligations He hath laid upon you in it the clause I am to put you in mind of is this And to the intent and purpose that all names and terms of Distinction may be likewise put into utter Oblivion Be it further Enacted by the Authority aforesaid That if any Person or Persons within the space of three Years next
is a vast Liberality indeed but still of other folks Goods It would become them far better to restore back Dunkirk to England which they cheated us of by Surprize or the Town of Callis which they have dismembred from our ancient Dominion They take from us what is our own already and present us with nothing but what is not in their power to give because they cannot bestow either the Title or the Possession of what they do offer in this Kind upon us which if we will have we must gain it by the Point of the Sword And this Train which they do shew us is of the same nature with that sort of Temptations with which the Devil tempted our Saviour from the top of the Pinnacle But do not you discover that this is a subtil Artifice to imbroil us again in a now War with the States of the United Provinces who have the Interest to defend these two Places as much as if either Amsterdam or Flushing were so designed upon And without an absolute Naval Victory we can never hope to conquer them and such a Conquest at Sea too as shall put the Hollanders out of all manner of possibility to afford any Succours in this Case This is a very hard bone which France doth cast in for us to gnaw whil'st they eat all the Marrow of it In fine when the Arms of France joyned to our Forces shall have put us possession of these two Places yet they 'll be totally unuseful to England when France is possessed of all the rest Because thus the French will shut us quite out of the whole Traffick of the Low Countreys and will be always in a Condition to drive the English away from thence unless we do resolve continually to keep a Fleet at Sea for the conserving of them If this Design be hollow and visionary it is not less shameful then airy and full of Injustice We have no manner of Pretention on the Monarchy of Spain nor is it our Genius to whet our Spirits to form Castles in the Clouds of Chimerical Rights What Glory can it be to our Arms to help to oppress a King in Minority of six years old by surprize only because we find him now to be rudely attacqued and unprovided on a frivolous Pretext immediately after the French had given the Queen his Mother and his principal Ministers of State at Madrid such solemn assurances to the contrary as well as at Paris touching the inviolable continuation of a good Peace and a sincere Friendship The manner which Spain hath held and acted with us newly in relation to England when we were assaulted by three powerful Enemies at one time ought to oblige us at least to be deaf to the artificial Allurements of France For although the French have tried by all the ways imaginable and with Offers incomparably more advantagious than those which they do make to us at present to the end that so they might have gained the Forces of Spain to unite with them to our inevitable Oppression yet was it never in their Power to shake the unalterable Amity which the Spanish Nation have for us by a kind of natural Sympathy which one knows not how better to express than by the Immutability of it whether we do oblige or disoblige them Would it not then be an Ingratitude totally inconsistent with the Honour and the Hospitality of the English Temper so soon to forget this Kindness since at the same instant that Spain was the deepliest engaged against Portugal they did notwithstanding openly oppose the Designs of France which seemed to the prejudice of England by refusing them in contemplation of us firmly and with great Resolution Passage for those Troops of theirs which they sent to ruine the Bishop of Munster our Ally and Confederate then We cannot complain of any Injury or Attempt wherein the Spaniards have tampered against England No League nor ancient Treaty doth oblige us to second the Designs of France and we cannot conclude new Aliances with the French to this purpose without directly contravening that Treaty which we have lately ratified with Spain Let us see then what the Herald is to say to the Spaniards that shall be sent to denounce War unto them on this Occasion from England or with what Reasons we shall be able to fill a Manifesto which we would offer to the Publick whereby to justifie the Causes of this Rupture Wherefore I leave the Care my Lord to you being that you seem to be the Author of this Counsel to found it well in the point of Justice But pray see that you perform it better and with more grace than the Writer of the Queen of France's Prepensions hath done I say farther yet That this Design is both prejudicial and destructive and that it carries along with it most pernicious Consequences as well in the present time as the time to come For from the very moment that we do break with Spain our Commerce will cease with the Effects of all those great Advantages which the Spaniards have * By the Treaty last ratified at Madrid by the Earl of Sandwich His Majesty's Embassadour there newly granted unto us and the Merchants of this Realm who trade there will justly be confiscated since all the Profit that we draw from thence must on these terms infallibly redound in favour of the Hollanders whilest our Arms do busie the Spaniards in the Low Countries and the French as they do their utmost against Spain at the same instant will seize their principal Ports into their Power and thus become absolute Masters of the Commerce by putting themselves into a Posture to ereâ—â—â— Doâ—â—â—nion over th◠〈◊〉 which we can never afterwards be able to resist Not above three Years agâ— France was hardly able to set forth twenty Ships that is to say Men of War 〈◊〉 â—ow they have sixty large Vessels ready furnished and well armed and do apply all their Industry and Pains in every part to augment the number Could the Ghost of Queen Elizabeth return back into the World again she would justly reproach us who are the Ministers of State here in England for having abandoned her good Maxims by tamely suffering before our Eyes a Maâ—itim Power to increase which she so diligently kept down throughout the whole Course of her Reign Whereas you are so far from opposing the Growth of this Power that you rather seem to desire England should facilitate the ways to make it grow the faster and render it yet more formidable than it is by the Acquisition of the Sea Ports which in conclusion must infallibly bring France to be Mistress of the Commerce of the Indies All the World knows the vast quantity of Money and Arms which the French have accumulated to that end alone out of the richest Purses of that Kingdom I agree to what hath been said before very prudently in this Conference that our Power and Greatness doth principally consist in the matter of
and acquainted his Lordship That there was a Woman apprehended and rescued by a couple of Gallants that had confessed she had a hand in burning the City and was at such a Tavern Whereupon the L. C. called to a Captain in the Street and ordered him to go with that Man and apprehend the Woman that he should direct him to Whereupon he goes with the Citizen and takes her with the first Gallant who stood up highly in her defence and carries them both to an Ale-house on the other side of the way The Citizen perceiving that nothing would be done with her leaves his Name with the Captain and where he might be found but was never called for to justifie the Words spoken by her A Woman standing in White-Chappel with a Company about her was ask'd what the matter was She said that she met two young Men in that place and asked them how it was with the Fire They answered 'T is now almost out if it can be kept so but the Rogues renew it with their Fire-balls As saith another Woman Young men if you have a heart to it you may be hired to throw them It was ask'd her What was become of the Woman that spake thus She answered That she had apprehended her and delivered her to the under Beadle of White-Chappel Parish The Woman falling under the Accusation not being able to deny it there being many Witnesses at that time that heard it She was delivered to Sir John Robinson but heard of no more One from France writes to his Correspondent in London to know the truth of what was muttered in Paris Whether London was laid in ashes or no. The Letter being dated a Week before the Fire began From Surrey in or near Darkin a Person in ordinary habit who was yet observed to take place of all the Nobility and Gentry among the Papists seeing the People of Darkin mourn for the burning of the City he spake slightingly of it telling them they should have something else to trouble themselves for and that shortly Darkin should be laid as low as London Whereupon the People made at him and one Tr. H. a great Papist rescues him and sends him away in his Coach to London This was deposed before Sir Adam Brown a Justice of Peace and a Member of Parliament These following Relations for Substance were delivered to Sir Robert Brooks Chair-man of the Committee a little before the Prorogation of the Parliament A true Relation made by one of the Grand Jury at Hick ' s-Hall at a general Quarter-Sessions presently after the Fire in London who was upon Trial of some of those that fired the City THat near West-Smithfield in Chicklane there was a Man taken in the very Act of firing a House by the Inhabitants and Neighbours and carrying him away through Smithfield to have him before a Justice for the Fact committed the King's Life Guard perceiving it made up unto them and demanded their Prisoner from them but they refused to let him go The Life-Guard Men told them That he was one of the King's Servants and said We will have him And thereupon they drew out their Swords and Pistols and rescued him out of the Peoples hands by force of Arms. A Bill of Indictment was brought against him and two or three Witnesses did swear unto it and the Bill was found by the Grand-Jury who did carry it to the Old Baily and presented it to the Lord Chief Justice but it came to no further Trial nor was ever seen after at the Old Baily so far as this Person upon his best Enquiry could ever hear or learn Concerning an House-keeper at So-ho who fired his own Dwelling-house FIrst he secured all his Goods in his Garden and then went in and fired his House which when he had done he endeavoured to get away out at his Fore-door A Neighbour demanded of him Who had fired his House He answered The Devil Upon that his Neighbour bad him stand or he would run his Halbert into his Guts His answer was If you do there are enough left behind me to do the Work Whereupon he was secur'd and a Bill of Indictment brought against him and about three Witnesses did swear to it And his Son came in as Witness against him who was demanded by the Foreman What he could say as to the firing of his Father's House He said That his Father did fire it with a Fire-ball It was demanded of him Whether he did fire it above stairs or below He answered Above stairs The Bill was likewise found but the Petty-jury did not find him guilty A Maid was taken in the Street with two Fire-balls in her Lap Some did demand of her Where she had them She said One of the King's Life-guard threw them into her Lap. She was asked Why she had not caused him to be apprehended She said That she knew not what they were She was indicted for this and the Bill found against her and turned over to the Old Baily but no Prosecution upon it In the time of the Fire a Constable took a French-man firing an house seized on him and going to a Magistrate with him met his R. H. the D. Y. who asked the Reason of the Tumult One told him that a French-man was taken firing a House His H. called for the Man who spake to him in French The D. asked Who would attest it The Constable said I took him in the Act and I will attest it The D. took him into his Custody and said I will secure him But he was heard of no more On Monday the third of September there was a French-man taken firing a house and upon searching of him Fire-balls were found about him At which time four of the Life-Guard rescued the French-man and took him away from the People after their usual manner in the whole time of the Fire One Mr. Belland a French-man living at Maribone who bought great store of Pastboard for a considerable time before the Fire of the City of London to the Quantity of twenty gross in one Shop and much more elsewhere was asked by a Citizen What he did with all that Past-board He answered that he made Fire-works for the King's Pleasure The Citizen asked him What doth the King give you He replyed Nothing only I have respect at Court The Citizen said Take heed Mr. Belland you do not expend your Estate and then lose your Respect at Court for you are at a great Charge Belland answered Sir do you think this a great matter I use all this my self But if you did see all the great quantities I have made elsewhere in three several places three four and five miles off you would say something Another time the Stationer with whom he dealt for the Past-board being at his house in Maribone and wondring at the many Thousands of Fire-works that lay piled up of several sorts he said Sir do you wonder at this If you should see the quantity that I
but Christianity itself that lies at stake For in the Ruine of the Empire the Turks work is done to his hand by breaking down the only Fence that has preserv'd us all this while from the Incursions of the Ottoman Power Now as nothing can be more glorious than at all hazards to hinder the effusion of more Christian Blood and to save Christendom itself from Bondage it is so much our Interest too that we our selves are lost without it And as the Obligation is reciprocal so the Resolution is necessary The choice we have before us being only this Either to unite with our Neighbours for a Common Safety or to stand still and look on the tame Spectators of their Ruine till we fall alone This is so demonstrative that if we do not by a powerful Alliance and Diversion prevent the Conquest of Flanders which lies already a gasping we are cut off from all Communication with the rest of Europe and coop'd up at home to the irrecoverable loss of our Reputation and Commerce for Holland must inevitably follow the Fate of Flanders and then the French are Masters of the Sea Ravage our Plantations and infallibly possess themselves of the Spanish Indies and leave us answerable for all those Calamities that shall ensue upon it which as yet by God's Providence may be timely prevented But he that stills the raging of the Sea will undoubtedly set Bounds to this overflowing Greatness having now as an Earnest of that Mercy put it into the Hearts of our Superiours to provide seasonably for the Common Safety and in proportion also to the Exigence of the Affair knowing very well that things of this Nature are not to be done by halves We have to do with a Nation of a large Territory abounding in Men and Money their Dominion is grown absolute that no Man there can call any thing his own if the Court says Nay to 't So that the sober and industrious part are only Slaves to the Lusts and Ambition of the Military In this Condition of Servitude they feel already what their Neighbours fear and wish as well to any Opportunity either of avoiding or of casting off the Yoke which will easily be given by a Conjunction of England and Holland at Sea and almost infallibly produce these effects First It will draw off the Naval Force of France from Sicily America and else-where to attend this Expedition Secondly The Diversion will be an Ease to the Empire and the Confederates from whence more Troops must be drawn to encounter this Difficulty than the French can well spare Thirdly It will not only encourage those Princes and States that are already engag'd but likewise keep in awe those that are disaffected and confirm those that waver 'T is true this War must needs be prodigiously expensive but then in probability it will be short And in Cases of this Quality People must do as in a Storm at Sea rather throw part of the Lading over-board than founder the Vessel I do not speak this as supposing any difficulty in the Case for the very contemplation of it has put fire into the Veins of every true English-man and they are moved as by a sacred impulse to the necessary and the only means of their Preservation And that which Crowns our hopes is that these generous Inclinations are only ready to execute what the Wisdom of their Superiours shall find reasonable to Command I need not tell you how jealous the People of England are of their Religion and Liberties to what degree they have contended even for the shadow of these Interests nor how much Blood and Treasure they have spent upon the Quarrel Could any Imposture work so much and can any Man imagine that they will be now less sensible when they see before their eyes a manifest Plot upon their Religion their Liberties invaded their Traffick interrupted the Honour and the very Being of their Country at stake their Wives and Children expos'd to Beggary and Scorn and in Conclusion The Priviledge of a Free-born English-man exchanged for the Vassalage of France An ANSWER to a LETTER written by a Member of Parliament in the Country upon the occasion of his Reading of the Gazette of the 11th of December 1679 wherein is the Proclamation for further Proroguing the Parliament till the 11th of November next ensuing SIR I Received your Letter when I was ingaged in much other business which will excuse me that I have not returned an Answer sooner and that is done no better now You desire me to let you know what that Judgment is which my Lord Chancellor acquainted my Lord Mayor and his Brethren with and what my thoughts are upon it And that I may obey you in both I will first Transcribe that Case as it is reported by Justice Crook that being already put into English whereas the Case in Moor is in French MEmorandum That by Command from the King all the Justices of England Cro. Ja. f. 37. Nov. 100. Moor 755. with divers of the Nobility viz. The Lord Ellesmere Lord-Chancellor the Earl of Dorset Lord-Treasurer Viscount Cranbourn Principal Secretary the Earl of Nottingham Lord Admiral the Earls of Northumberland Worcester Devon and Northampton the Lords Zouch Burghley and Knowles the Chancellor of the Dutchy the Arch-bishop of Canterbury the Bishop of London Popham Chief Justice Bruce Masters of the Rolls Anderson Gawdy Walmesley Fenner Kingsmil Warburton Savel Daniel Yelverton and Snigg were assembled in the Star-Chamber where the Lord Chancellor after a long Speech made by him concerning Justices of the Peace and his Exhortation to the Justices of Assize and a Discourse concerning Papists and Puritans declaring how they both were Disturbers of the State and that the King intending to suppress them and to have the Laws put in execution against them demanded of the Justices their Resolutions in three things First Whether the Deprivation of Puritan-Ministers by the High Commissioners for refusing to conform themselves to the Ceremonies appointed by the last Canons was lawful Whereto all the Justices answered That they had conferred thereof before and held it to be lawful because the King hath the Supreme Ecclesiastical Power which he hath delegated to the Commissioners whereby they had the Power of Deprivation by the Canon-Law of the Realm And the Statute of 1 Eliz. which appoints Commissioners to be made by the Queen doth not confer any new Power but explain and declare the Ancient Power And therefore they held it clear That the King without Parliament might make Orders and Constitutions for the Government of the Clergy and might deprive them if they obeyed not And so the Commissioners might deprive them But they could not make any Constitutions without the King And the divulging of such Ordinances by Proclamation is a most gracious Admonition And forasmuch as they have refused to obey they are lawfully deprived by the Commissioners ex Officio without Libel Et ore tenus convocati Secondly Whether a Prohibition
be grantable against the Commissioners upon the Statute of 2 H. 5. if they do not deliver the Copy of the Libel to the Party Whereto they all answered That that Statute is intended where the Ecclesiastical Judge proceeds ex Officio ore tenus Thirdly Whether it were an Offence punishable and what Punishment they deserved who framed Petitions and collected a multitude of hands thereto to prefer to the King in a publick cause as the Puritans had done with an intimation to the King That if he denied their Sute many thousands of his Subjects would be discontented Whereto all the Justices answered That it was an Offence finable at Discretion and very near to Treason and Felony in the Punishment For they tended to the raising of Sedition Rebellion and Discontent among the People To which Resolution all the Lords agreed And then many of the Lords declared That some of the Puritans had raised a false Rumor of the King how he intended to grant a Toleration to Papists Which Offence the Justices conceived to be heinously finable by the Rules of the Common Law either in the Kings Bench or by the King and his Councel or now since the Statute of 3 H. 7. in the Star-Chamber And the Lords severally declared how the King was discontented with the said false Rumor and had made but the Day before a Protestation unto them that he never intended it and that he would spend the last drop of Bloud in his Body before he would do it and prayed that before any of his Issue should maintain any other Religion than what he truly professed and maintained that God would take them out of the World I doubt not but yourself and every English Protestant will joyn with this Royal Petitioner and will heartily say Amen But you desire to know if I think the Resolution of the Judges in this case ought to deter us from humbly Petitioning his Majesty that this Parliament may effectually sit on the 26th day of January next In order to this give me leave to observe to you As it is most certain that a great Reverence is due to the Unanimous Opinion of all the Judges so there is a great difference to be put between the Authority of their Judgments when solemnly given in Cases depending before them and their sudden and extrajudicial Opinions The Case of Ship-money it self is not a better proof of this than that which you have now read as you will now see if you consider distinctly what they say to the several Questions proposed to them As to their Answer to the first Question it much concerns the Reverend Clergy to enquire whither they did not mistake in it And whether the King by his Proclamation can make new constitutions and oblige them to obedience under the Penalty of Deprivation Should it be so and should this unhappy Kingdom ever suffer under the Reign of a Popish Prince he might easily rid himself of such obstinate Hereticks and leave his Ecclesiastical Preferments open for Men of better Principles He will need only to publish a Proclamation that Spittle and Salt should be used in Baptism that Holy-water should be used and Images set up in Churches and a few more such things as these and the Business were effectually done But if you will believe my Lord Chief Justice Cook 12. Co. 19. 12. Co. 49. he will tell you that it was agreed by all the Judges upon Debate Hill 4to Jacobi that the King cannot change his Ecclesiastical Law and you may easily remember since the whole Parliament declared That he could not alter or suspend them I have the uniform Opinion of all the Judges given upon great Deliberation Co. Mag. Char. 616. Mich. 4to Jac. to justifie me if I say that our Judges here were utterly mistaken in the Answer which they gave to the second Question I will not cite the numerous subsequent Authorities since every man knows that it is the constant practice of Westminster-Hall at this Day to grant Prohibitions upon refusal to give a Copy of Articles where the Proceedings in the Ecclesiastical Courts are ex Officio You see there was a kind of ill Fate upon the Judges this day as usually there was when met in the Star-chamber and that they were very unfortunate in answering two of the three Questions proposed to them let us go on to consider what does principally concern us at present their Answer to the last Question You have just done reading it and therefore I need not repeat to you either the Doubt or the Solution of it but one may be allowed to say modestly that it was a sudden Answer 'T is possible the Lords then present were well enough inform'd when they were told that such kind of Petitioning was an Offence next to Treason and Felony but I dare be so bold as to say That at this Day not a Lawyer in England would be the wiser for such an Answer they would be confounded and not know whether it were Misprision of Treason which seems an Offence nearest to Treason or Petty-larceny which seems nearest to Felony You will be apt to tell me that I mistake my Lords the Judges and they spoke not of the nature of the crime but the manner of the Punishment but this will mend the matter but little for since the Punishments of those two Crimes are so very different you are still as much in the dark as ever what these ambiguous words mean Well but we will agree that the Crime about which the Enquiry was made was a very great one When Men arrive to such Insolence as to threaten their Prince it will be but little excuse to them to call their Menaces by the soft and gentle Name of Petitions But you would know for what and in what manner we are at present to Petition 13 Car. 2. c. 5 and I will give you a plain and infallible Rule It is the Statute 13 Car. 2. c. 5. Be it enacted c. that no person or persons whatsoever shall solicite labour or procure the getting of hands or other consent of any persons above the number of twenty or more to any Petition Complaint Remonstance Declaration or other Addresses to the King or both or either Houses of Parliament for alteration of matters established by Law in Church or State unless the matter thereof have been first consented to and ordered by three or more Justices of the County or by the major part of the Grand Jury of the County or Division of the County where the same matter shall arise at their publick Assizes or General Quarter-Sessions or if arising in London by the Lord Mayor Aldermen and Commons in Common Council assembled and that no person or persons whatsoever shall repair to His Majesty or both or either of the Houses of Parliament upon Pretence of presenting or delivering any Petition Complaint Remonstrance or Declaration or other Addresses accompanied with excessive Number of People not at
any one time with above the Number of ten Persons upon the Pain of incurring a Penalty not exceeding the Sum of 100 l. in Money and Three Months Imprisonment without Bail or Mainprize for every Offence which Offence to be prosecuted at the Court of Kings-bench or at the Assizes or general Quarter-Sessions within six Months after the Offence committed and proved by two or more credible Witnesses Here you observe the Parliament who set themselves directly to obviate all the Inconveniences which might arise to the Government from tumultuous petitioning will not allow that great Numbers should joyn in Petitions for alteration of the Laws because it is possible ill Men should abuse such Liberty unless the matter of the Petition be conâ—â—â—ted to in such a manner as the Act directs but in all other Cases they leave the Subjects to their undoubted Liberty as well knowing that from thence there could arise no possible Inconvenience but on the contrary that to bar the People of that humble way of making their Wants known might force them upon worse ways of doing it And therefore I must tell you that you do my Lord Chancellor great Injustice if you think his Speech tends to deter Men from all manner of petitioning No that wise and eloquent Lord who receives every day so many Petitions will I suppose be content the King should receive some too It never yet was thought * It is the Right of all People that apprehend themselves aggrieved to approach his Majesty by Petition Mr. Finch's Argument in the Trial of the Seven Bishops f. 105. The Subjects have a Right to Petition the King in all their Grievances so say all our Books of Law and so says the Statute 13 Car. 2. Sergeant Levinz in the same Trial fol. 121. It was one Article against the Earl of Strafford That he Issued out a Proclamation and Warrant of Restraint to inhibit the Kings Subjects to come to the Fountain their Sovereign to deliver their Complaints of their Wrongs and Oppressions Rushw in his Trial 721. seditious or tumultuous in any Government for the Subjects in an humble manner to beg That he who has the only Power to do it would redress their Grievances 'T is the way by which we apply our selves to the King of Heaven who knows all our Wants and yet expects from us that we should daily express them to him in humble Petitions And the Wisdom of the Church which has appointed Liturgies and Forms of Common-Prayer seems to instruct us that God is pleased when huge Numbers joyn in the same Petition Why should not then suppliant Subjects with like Humility and in like manner address themselves to the God on Earth Especially since Kings cannot know our Desires or our Grievances till we our selves inform them what they are I remember some wicked Councellors of Darius did once obtain a Law to be made that none should Petition any one but the King for thirty Days but there never yet was found so absurd a States-man as to advise a Law that Subjects should not supplicate their Prince 'T is probable it would be well for some Favourites who are near a King if such a Right could be taken from the People for then all their false Suggestions and Informations might pass undiscovered but 't is impossible that a King should long be safe in such a Condition I will suppose a malicious States-man intending to raise a Jealousie in the Mind of the Sovereign should inform him in dangerous times that he was not beloved by his People and that he was not to trust them How could the Subjects in such a Case recover the Prince's good Opinion in the Absence of a Legal Representative but by humble and affectionate Addresses Or suppose some good Protestant Prince should be so unfortunate as to have some Councellors near him who are conceal'd and others whose Crimes make them fear Parliaments it is easie to suppose that the one sort will be filling his Ears with Stories that a great part of his Kingdom are inclined to Popery and the other sort that the best of his Subjects are quite out of Love with Parliaments as factious and seditious Assemblies Into what unfortunate Circumstances would such a Prince be apt to fall if his People were percluded from Addressing themselves and opening their Desires to him I might go on to trouble you with infinite Instances of this Nature but there is no want of any in so plain a case 'T is the Doctrine of our Church that the only Arms of Subjects are Prayers Petitions Supplications and Tears and they are no Friends either to the King or Church Hâ—b 220. Wrenhams Case Vet. Magn. Chart. Exil Hugi. De Spencer 51. who would disarm us of these My Lord Chief Justice Hobbart tell us That it is lawful for any Subject to petition to the King for Redress in an humble and modest manner for says he Access to the Sovereign must not be shut up in case of the Subjects Distresses It was one of the Crimes for which the Spencers were banished by Parliament that they hindred the King from receiving and answering Petitions from great Men and others And as it is our unquestionable Right Be the Right of the Subject never so clear manifest and acknowledged by all yet if his own be detained from him by the King he hath no other Writ or Account to recover but a mere Petition Supplicare Celsitudini c. A Learned Judge's Argument about Impositions Printed 1641. p. 26. so in all Ages the Usage has been by Petition to inform our King of our Grievances In the Reign of King Ed. 2. and Ed. 3. Petitions were frequent for Redress of publick Grievances and for Parliaments especially out of Ireland though that is a conquer'd Nation as may be seen in the close Rolls of the Reigns of those two Kings One Instance I will give you for your Satisfaction but I will tire you with no more for that would be endless 'T is Claus 10. Ed. 2. M. 28. Claus 10. E. 2. M. 28. intus Pro communitate Hiberniae Intus pro Communitate Hiberniae Rex Dilect fideliter suis Justa Cancellar Thesaur suis Hib. salutem ex parte populi nostri terrae praedict per Petitionem suam coram nobis Concilio nostro exhibitum nobis est cum instantia supplicare quod cum c. In the 5th year of King Richard the II. the whole Body of the Realm petition'd Cookes Jurisdiction of Courts p. 79. Burarts History of the Reformation Pag. 231. Procl Dat. 7. Feb. 11. Jac. that the most wise and able men within the Realm might be chosen Chancellors King Henry the 8. told his Subjects then in Arms against him in York-shire that they ought not to have rebell'd but to have applied themselves to him by Petition King James by a Proclamation publisht in the 12th year of his Reign begins thus The Complaints lately exhibited to us
committed and also their Issues being any way assenting or privy to the same and all their Aiders Comforters and Abettors in that behalf And to the end that the intention of this Law may be effectually Executed if Her Majesties Life shall be taken away by any violent or unnatural means which God defend Be it further Enacted by the Authority aforesaid That the Lords and others which shall be of Her Majesties Privy Council at the time of such Her Decease or the more part of the same Council joyning unto them for their better Assistance five other Earls and seven other Lords of Parliament at the least foreseeing that none of the said Earls Lords or Council be known to be persons that may make any Title to the Crown those persons which were Chief Justices of either Bench Master of the Rolls and Chief Baron of the Exchequer at the time of Her Majesties Death or in Default of the said Justices Master of the Rolls and Chief Baron some other of those which were Justices of some of the Courts of Records at Westminster at the time of Her Highness Decease to supply their Places or any Four and twenty or more of them whereof Eight to be Lords of the Parliament not being of the Privy Council shall to the uttermost of their Power and Skill examine the cause and manner of such Her Majesties Death and what persons shall be any way Guilty thereof and all Circumstances concerning the same according to the true meaning of this Act and thereupon shall by open Proclamation publish the same and without any delay by all forcible and possible means prosecute to Death all their Aiders and Abettors And for the doing thertof and for the withstanding and suppressing of all such Power and Force as shall any way be levied or stirred in Disturbance of the due Execution of this Law shall by virtue of this Act have Power and Authority not only to raise and use such Forces as shall in that behalf be needful and convenient but also to use all other means and things possible and necessary for the maintenance of the same Forces and prosecution of the said Offenders And if any such Power and Force shall be levied or stirred in Disturbance of the due Execution of this Law by any person that shall or may pretend any Title to the Crown of this Realm whereby this Law may not in all things be fully Executed according to the effect and true meaning of the same That then every such person shall by virtue of this Act be therefore excluded and disabled for ever to have or claim or to pretend to have or claim the Crown of this Realm or of any other Her Highness Dominions any former Law or Statute whatsoever to the contrary notwithstanding And be it further Enacted by the Authority aforesaid and all and every the Subjects of all Her Majesties Realms and Dominions shall to the uttermost of their Power aid and assist the said Councel and all other the Lords and other Persons to be adjoyned to them for Assistance as is aforesaid in all things to be done and executed according to the effect and intention of this Law And that no Subject of this Realm shall in any wise be impeached in Body Lands or Goods at any time hereafter for any thing to be done or executed according to the Tenour of the Law any Law or Statute heretofore made to the contrary in any wise notwithstanding And whereas of late many of Her Majesties good and faithful Subjects have in the Name of God and with the Testimonies of good Consciences by one Uniform manner of Writing under their Hands land Seals and by their several Oaths voluntarily taken joyned themselves together in one Bond and Association to withstand and revenge to the uttermost all such malicious Actions and Attempts against Her Majesties most Royal Person Now for the full Explaining of all such Ambiguities and Questions as otherwise might happen to grow by reason of any sinister or wrong Construction or Interpretation to be made or inferred of or upon the words or meaning thereof Be it Declared and Enacted by the Authority of this present Parliament That the same Association and every Article and Sentence therein contained as well concerning the Disallowing Excluding or Disabling any Person that may or shall pretend any Title to come to the Crown of this Realm as also for the pursuing and taking Revenge of any person for any such wicked Act or Attempt as is mentioned in the same Association shall and ought to be in all things expounded and adjudged according to the true intent and meaning of this Act and not otherwise nor against any other person or persons A Word without Doors concerning the BILL for SUCCESSION SIR I AM very sensible of the great Honour you were pleas'd to do me in your last which I received immediately after our late unhappy Dissolution but could have wished you would have laid your Commands on some more able Person to have given you Satisfaction in the matter you there propose relating to the Duke who you seem to insinuate was like if the Parliament had continued to have received hard measure I must ingeniously confess to you I was not long since perfectly of your Opinion and thought it the highest Injustice imaginable for any Prince to be debar'd of his Native Right of Succession upon any pretence whatsoever But upon a more mature Deliberation and Enquiry I found my Error proceeded principally from the falso Notions I had took up of Government it self and from my Ignorance of the Practiâ—â—â— of all Communities of Men in all Ages whenever Self-preservation and Necessity of their Affairs obliged them to declare their Opinion in Cases of the like Nature To the knowledge of all which the following Accident I shall relate to you did very much contribute My Occasions obliging me one day to attend the coming of a Friend in a Coffee-house near Charing-Cross there happened to sit at the same Table with me Two Ingenious Gentlemen who according to the Frankness of Conversation now used in the Town began a Discourse on the same Subject you desire to be more particularly informed in and having Extolled the late House of Commons as the best number of Men that had ever sate within those Walls and that no House had ever more vigorously maintained and asserted English Liberty and Protestant Religion than they had done as far as the nature of the things that came before them and the Circumstances of time would admit to all which I very readily and heartily assented they then added That the great Wisdom and Zeal of that House had appeared in nothing more than in Ordering a Bill to be brought in for debarring the Duke of Y. from inheriting the Crown A Law they affirmed to be the most just and reasonable in the World and the only proper Remedy to establish this Nation on a true and solid Interest both Relation to the present
Nature and consequently the Ordinance of God but that the different forms of Government whether to reside in One Few or Many or whether it shall be continued by Succession or by Election together with the different measures and limitations of Power and Authority in Governours of the same kind in several Countries all these things I say are ordained by and purely depend upon positive and humane Laws From whence it will necessarily follow That the same human Authority residing in King Lords and Commons here in England which gave Being to those Laws for the good of the Community is Superintendent over them and both may and ought to make any Addition to or Alteration of them when the publick Good and Welfare of the Nation shall require it unless you will admit That an Human Authority establishing any thing intentionally for the common good of the Society which in tract of time by reason of unforeseen circumstances and emergencies proves destructive of it has by that Act concluded it self and made that accidental Evil moral and unchangeable which to affirm is sensless and repugnant And now Sir I hope by this time said the old Gentleman you begin to think that the Bill for disabling the Duke was not so unjust and unreasonable as was pretended and that the course of Succession being founded upon the same bottom with other Civil Constitutions might likewise as justly have been altered by the King Lords and Commons as any other Law or Custom whatever And here I might conclude but because a late Pensionary Pen has publickly arraign'd the Wisdom Loyalty and Justice of the Honourable House of Commons on the account of this Bill I will ex abundanti add a word or two more to that particular Whereupon he pluck'd a Paper out of his Pocket entituled Great and weighty Considerations relating to the Duke and Successor of the Crown c. Which as soon as he had read unto us You see here said he the true Temper of those men of whom I first gave you caution There never was an Endeavour though in a Legal and Parliamentary way after any Reformation either in Church or State but the Promoters of it were sure to be branded by them with the odious imputations of Fanaticism and Faction Nay if the Country-Electors of Parliament-men will not pitch upon such Rake-hells of the Nation as are usually proposed by them but on the contrary make use of their Freedom and Consciences in chusing able upright and deserving persons and if good men thus chosen do but according to their Duty in the House enquire into publick Grievances pursue in a legal course notorious Offenders and consult and advise the Security of the Government and Protestant Religion the high Church-man immediately swells and in a passion tells you That all this proceeds from the old Phanatick Leven not yet worn out amongst the People That we are going back again to Forty One and acting over afresh the Sins of our Forefathers Thus ignorantly do they complement the Times and Persons they endeavour to expose by appropriating to them such Virtues as were common to good men in all Ages But enough of this In the next place pray observe how hypocritically the Considerer puts this Question viz. Whether Protestant Religion was not settled in this Nation by the same mighty hand of God that establish'd Jeroboam in the Kingdom of Israel And then adds Whether we like that wicked King should so far despair of God's Providence in preserving the work of his own Hands as never to think it safe unless it be establish'd on the Quick-sands of our own wicked Inventions viz. the Bill against the Duke And throughout his whole Discourse he frequently calls all Care of preserving our Religion a Mistrust of God's Providence and on that score calls out to the Nation O ye of little Faith c. Now I will allow him That the least Evil is not to be done that the greatest and most important Good may ensue But that the Bill for disabling the Duke is highly justifiable both by the Laws of God and Constitution of our Government I think by my former Discourse I have left no room to doubt And the Considerer having scarce attempted to prove the contrary it 's preposterously done of him to give us his Use of Reproof before he has clear'd his Doctrine However I owe him many thanks for putting me in mind how Protestant Religion was first establish'd here in England it was indeed by the mighty Hand of God influencing the publick Councils of the Nation so that all imaginable care was taken both by Prince and People to rescue themselves from under the Romish Yoke and accordingly most excellent Laws were made against the usurpation and tyranny of that Man of Sin Our noble Ancestors in those days did not palliate a want of Zeal for their Religion with a lazy pretence of trusting in God's Providence but together with their Prayers to and Affiance in Heaven they joyned the Acts of their own Duty without which they very well knew they had no reason to expect a Blessing from it But now be pleased to take notice of the Candor of this worthy Considerer nothing less will serve his turn than the proving all the Voters for the Bill guilty of the highest Perjury For says he they have all sworn in the Oath of Allegiance to bear Faith and true Allegiance to His Majesty his Heirs and Successors but the Duke is Heir ergo c. A very hopeful Argument indeed But what if it should happen as it is neither impossible nor very improbable to imagin it that the next Heir to the Crown should commit Treason and conspire the Death of the present Possessor and for this Treason should not only be attainded by Parliament but executed too Pray Mr. Considerer would the Parliament in this case be guilty of Murder and Perjury I am confident you will not say it If therefore the next Heir become obnoxious to the Government in a lower degree why may not the same Authority proportion the Punishment and leave him his Life but debar him of the Succession This I say only to shew the absurdity of his Argument My Answer is this No man can bear Allegiance to two persons at the same time nor can Allegiance be ever due to a Subject and therefore my Obligation by the word Heir in the Oath does not commence till such Heir has a present Right to or actual Possession of the Crown which if he never attains either by reason of Death or any other Act that incapacitates and bars him then can my Obligation to him by the word Heir in the Oath never have a beginning But besides all this it cannot be denied but Mr. Considerer's Doctrine does bring great Inconveniences on Succession for the next Heir by his way of arguing is let loose from all the Restrictions and Penalties of Humane Laws and has no other tyes upon him not to snatch the Crown
proved Thus was that man hanged upon that Confession only though the promise that drew it from him doth appear upon Record and can be proved by good and clear Evidence And from this your Majesty may judge what credit may be given to such men We do not at present enlarge on other particulars though of great importance such as Monopolies selling places of Honors turning men of known integrity out of their Imployments to which they had a good and just right during their lives the profits of one of the most considerable of these being sequestred for sometime and applyed for the Dutchess of Lauderdales use the treating about and receiving of great bribes by the Duke and Dutchess of Lauderdale and the Lord Hatton and particularly from the Towns of Edenborough Abberdeen Lynlythgo and many others for procuring from your Majesty Warrants for illegal impositions within these Towns the manifest and publick perverting of Justice in the Session besides the most signal abuses of the Mint and Copper Coin that are most grievous to all your Subjects But the number of these is so great and they will require so many Witnesses to be brought hither for proving them that we fear it would too much trouble your Majesty now to examine them all but your Majesty shall have a full account of them afterwards One thing is humbly offered to your Majesty as the root of these and many other oppressions which is that the Method of governing that Kingdom for several years hath been That the Lord Hatton and his adherents frame any Letter that they desire from your Majesty to your Council and send it to the Duke of Lauderdale who returns it signed and this is brought to the Council upon which if at any time a debate ariseth concerning the matter of that Letter as being against or with Law and when it is proposed that a representation of that should be made to your Majesty then the Lord Hatton in his insolent way calls to have it put to the question as if it were a crime to have any Warrant either debated or represented to your Majesty which is procured by the Duke of Lauderdale or himself and this is ecchoed by his Party and by this means any further debating is stopped There are some other particulars relating to these heads that are to be offered to your Majesty in other Papers which are not added here lest your Majesty should now be troubled with too long a Paper The Impeahment of the Duke and Dutchess of Lauderdale with their Brother My Lord Hatton Presented to His Majesty by the City of Edenbourgh The matters of Fact particularly relating to the Town of Edenbourgh humbly offered for your Majesties Information Before the Matter of Fact be spoken to it is necessary that your Majesty be informed of one thing upon which this whole Affair hath moved THe City of Edenbourgh had at several times given considerable sums of Money to the Duke of Lauderdale amounting to upward of Twelve Thousand pounds Sterlin and the Lord Hatton Brother to the said Duke being inraged by that their former practice and being arrived to great height and influence in the Administration of Your Majesties Affairs in Scotland did thereupon resolve on a Designe of getting Money for himself also from them as will appear to your Majesty by the following Narration but the Magistrates at that time and such others as had then the Principal Influence in the Administration of Affairs in that Town being honest Men of good Fortunes and not to be brought to comply with his Design he bethought himself of all ways to vex them and knowing they did much value the Prosperity of the Town he thought that the first means for promoting that his Design was to have them threatned with removing Your Majesties Publique Judicatures from that City to Sterlin and perswaded his Brother the Duke of Lauderdale to move Your Majesty to that purpose but being disappointed of that project by Your Majesties Royal Wisdom Your Majesty looking upon it as if it were to declare to the World that You were jealous of so great a Part of that Your Ancient Kingdom he bethought himself of new ways to accomplish his Design for which he judged nothing so proper and effectual as to disturb them in the choice of their Magistrates and Town-Counsel and by all means possible to get some of his own chusing fit for his own ends brought into the Administration of the Affairs of that City In order to which being impatient of any longer delay he laid hold of what follows being the first occasion that offer'd though a very frivolous one At Michaclmas 1674 The said City of Edenbourgh being to go about the Election of their Magistrates for the ensuing year there was procured a Letter from Your Majesty to Your Privy Counsel commanding them to forbid the Magistrates and Town Counsel to proceed in their Elections but to continue the Magistrates that then were till Your Majesty's further pleasure should be known the reason suggested to Your Majesty for it was taken from this Circumstance That the Election ought to be made upon the Tuesday after Michaelmas and it happening this year that Michaelmas fell to be on a Tuesday they were resolved to proceed to their Elections upon Michaelmas-day Though this was a very small Matter and upon very good and prudent Considerations resolved as will afterward appear yet was it represented to Your Majesty as a Factious Design and an Innovation of dangerous Consequence tending to create and maintain Faction in that City contrary to Your Majesties Service Your Majesties foresaid Letter being intimated to the Magistrates and Town-Counsel they did immediately give exact obedience to the same They did also represent to Your Majesties Privy Council the Rights that they had for chusing their own Magistrates which had been granted to them by many of Your Majesties Royal Ancestors and confirmed by many Parliaments by vertue of which they humbly conceived they ought to be suffered to proceed in their Elections They did also represent to Your Majesties Privy Council the Reasons which had moved them to resolve of making their Elections on the said Tuesday being Michaelmas day which in short were that by their Constitution they were obliged upon the Friday before Michaelmas to make the List out of which the Magistrates are to be chosen after the doing of which there is a Surcease and Vacation of all ordinary Courts of Judicature within the Town and the whole time is spent by the Common People and Tradesmen of the Town in Rioting and Drinking until the Elections be finished which in this case would have been Twelve days which they did in Prudence think they ought to shorten not conceiving it contrary in the least to the established Rules of their Election 2. On these things they did humbly crave Your Majesties Privy Council would be pleased to represent to Your Majesty that thereby they might be freed from the suspicion of any
the strictest and severest Tryal To which Petition they never received any Answer To make appear to your Majesty that these things were done for private and finistrous Designs and not upon account of the ill effectedness or factious Dispositions of the Men as was pretended Your Majesty is humbly prayed to take notice of these Particulars following First There are three of the most considerable of these very Persons who had been charged with so great Crimes admitted since that time by bribing the Dutchess of Lauderdale into a Trust in your Majesty's Affairs in Scotland more eminent and considerable than any Trust the Town of Edenburgh can confer viz. The paying off your Majesty's Forces and bringing in your Majesty's Excise Secondly No sooner were these Twelve Men turned out of the Town-Council but after many great and essential Informalities with the recital of which it is needless to trouble your Majesty they elected for Magistrates Men of no Reputation either for Parts Estate or Honesty And though these Bonds and Securities which had been demanded from the others and consented to by them was formerly pretended to be of great importance for your Majesty's Service yet they were not so much as once demanded either by the Duke of Lauderdale or the Lord Hatton from these Men who were now chosen Thirdly These new Magistrates were not long in their Seats when off comes the Mask and the true design of getting Money appears For by an Act of the Town-Council there is about 5000 l. Sterlin disposed on amongst their nameless Friends which were the Duke of Lauderdale the Lord Hatton and some other of their Friends A great Sum to be got from that City considering that the Duke of Lauderdale had got before that about 12000 l. Sterlin from them The Dutchess of Lauderdale did also since that time endeavour to get more Money from them and did with great Wrath threaten the Magistrates in plain Terms for not giving her a Present notwithstanding all the Good she said she had done for them reckoning the Favours your Majesty hath at any time been pleased to bestow upon them as done by her self Thus hath that poor Town been abused and doth now lie having Magistrates without either Conduct or Courage in a time when the Disorders of that Nation doth require Persons to be imployed there of eminent Fidelity and Capacity to serve your Majesty His Majesty's Declaration for the Dissolution of his late Privy Council And for Constituting a New one made in the Council-Chamber at White Hall April the twentieth 1679. By His Majesty's Special Command My Lords HIS Majesty hath called you together at this time to communicate unto you a Resolution he hath taken in a matter of great Importance to his Crown and Government and which he hopes will prove of the greatest Satisfaction and Advantage to his Kingdoms in all Affairs hereafter both at Home and Abroad and therefore he doubts not of your Approbation however you may seem concerned in it In the first place His Majesty gives you all Thanks for your Service to him here and for all the good Advices you have given him which might have been more frequent if the great number of this Council had not made it unfit for the Secrecy and Dispatch that are necessary in many great Affairs This forced him to use a smaller number of your in a Foreign Committee and sometimes the Advices of some few among them upon such Occasions for many Years past He is sorry for the ill success he has found in this Course and sensible of the ill Posture of Affairs from that and some unhappy Accidents which have raised great Jealousies and Dissatisfaction among his good Subjects and thereby left the Crown and Government in a Condition too weak for those Dangers we have reason to fear both at home and abroad These his Majesty hopes may be yet prevented by a Course of wise and steady Counsels for the future and these Kingdoms grow again to make such a Figure as they have formerly done in the World and as they may always do if our Union and Conduct were equal to our Force To this end he hath resolved to lay aside the use he may have hitherto made of any single Ministry or private Advices or Foreign Committees for the general direction of his Affairs and to constitute such a Privy-Council as may not only by its number be fit for the Consultation and Digestion of all business both Domestick and Foreign but also by the Choice of them out of the several Parts this State is composed of may be the best informed in the true Constitutions of it and thereby the most able to counsel him in all the Affairs and Interests of this Crown and Nation And by the constant Advice of such a Council his Majesty is resolved hereafter to govern his Kingdoms together with the frequent use of his Great Council of Parliament which he takes to be the true ancient Constitution of this State and Government Now for the greater Dignity of this Council his Majesty resolves their constant number shall be limited to that of Thirty And for their greater Authority there shall be Fifteen of his chief Officers who shall be Privy Counsellors by their places And for the other Fifteen he will choose Ten out of the several Ranks of the Nobility and Five Commoners of the Realm whose known Abilities Interest and Esteem in the Nation shall render them without all suspicion of either mistaking or betraying the true Interests of the Kingdom and consequently of advising him ill In the first place therefore and to take care of the Church his Majesty will have the Archbishop of Canterbury and Bishop of London for the time being and to inform him well in what concerns the Laws the Lord Chancellor and one of the Lord Chief Justices For the Navy and Stores wherein consists the chief Strength and Safety of the Kingdom the Admiral and Master of the Ordnance for the Treasury the Treasurer and Chancellor of the Exchequer or whenever any of these Charges are in Commission then the first Commissioner to serve here in their room the rest of the Fifteen shall be the Lord Privy-Seal the Master of the Horse Lord Steward and Lord Chamberlain of his Houshold the Groom of the Stole and the two Secretaries of State And these shall be all the Offices of his Kingdom to which the Dignity of Privy-Counsellor shall be annexed The others his Majesty has resolved and hopes he has not chosen ill His Majesty intends besides to have such Princes of his Blood as he shall at any time call to this Board being here in Court A President of the Council whenever he shall find it necessary and the Secretary of Scotland when any such shall be here But these being uncertain he reckons not of the constant number of Thirty which shall never be exceeded To make way for this new Council his Majesty hath now resolved to Dissolve this old one
Chief Justice Scrogs raised many Scruples and on pretence that they were not all in Court tho' twenty of the Jury had subscrib'd the Petition sent for them saying he would dispatch them presently The Jury being come and their Names called over they renewed their Desire that the Court would present their Petition But the Chief Justice ask'd if they had any Bills they Answered They had but the Clerks were drawing them into Form Upon which the Chief Justice said They would not make two Works of one Business and the Petition being Read he said This was no Article of their Charge nor was there any Act of Parliament that required the Court to deliver the Grand Jury's Petitions That there was a Proclamation about them And that it was not reasonable the Court should be obliged to run on their Errands And he thought it much that they should come with a Petition to alter the Kings Mind declared in the News Books The Jury said They did it not to Impose on the Court but as other Juries had done with all Submission they desired it But the Court refused bidding the Cryer return them their Petition And Mr. Justice Jones told them They had medled with Matters of State not given them in Charge but presented no Bills of the Matters given in Charge They answered as before They had many before them that would be ready in due time Notwithstanding which the said Justice Jones told them They were Discharged from further Service But Philip Ward the Clerk that attended the said Jury cryed out No No they have many Bills before them for which the Court understanding as it seems to this Committe a secret Reason which the Clerk did not reproved him Asking if he or they were to give the Rule there The Cryer then told the Court They would not receive their Petition the Chief Justice bid him let it alone so it was left there and the Jury return'd to the Court-House and there found several Constables with Presentments of Papists and other Offenders as the Jury had directed them on the 21st before but could not now receive the said Presentments being discharged Whereby much business was obstructed tho' none of the said Informants ever knew the said Jury discharged before the last day of the Term which was not till Four days after And it further appeareth to the Committee by the Evidences of Samuel Astrey Jasper Waterhouse and Philip Ward Clerks that have long served in the said Court That they were much surprised at the said discharging of the Jury in that it was never done in their Memory before and the rather because the said Waterhouse as Secondary constantly enters on that Grand Jury's Paper that the last day of the Term is given them to return their Verdict on as the last day but one is given to the other Two Grand Juries of that County which Entry is as followeth Trinit Middlesex Ossulston Hundred 32. Car. 2. Juratores habent diem ad Veredictum suum reddendum usque diem Mercurii proxime post tres Septimanas sancte Trinitatis Being the last day of the Term and so in all the other Terms the last day is given which makes it appear to this Committee That they were not in truth Discharged for not having their Presentments ready since the Court had given them a longer day but only to obstruct their further Proceedings And it appeareth by the Evidence aforesaid to this Committee that the four Judges of that Court were present at the Discharging of the said Jury and it did not appear that any of them did Dissent therein upon Consideration whereof the Committee came to this Resolution Resolved That it is the Opinion of this Committee That the Discharging of the Grand Jury of the Hundred of Ossulston in the County of Middlesex by the Court of Kings-Bench in Trinity-Term last before the last day of the Term and before they had finisht their Presentments was Illegal Arbitrary and an High Misdemeanour This Committee proceeded also to inquire into a Rule of the Court of Kings-Bench lately made against the publishing a Book called The weekly Pacquet of Advice from Rome or The History of Popery and Samuel Astrey Gent. examined thereupon inform'd this Committee that the Author of the said Book Henry Carr had been informed against for the same and had pleaded to the Information But before it was Tryed a Rule was made on a Motion as he supposeth against the said book All the Judges of that Court as he remembers being present and none dissenting The Copy of which Rule he gave into this Committee and is as followeth Dies Mercurij proxime post tres Septimanas sancte Trinitatis Anno 32 Car. 2. Regis Ordinatum est quod liber intitulat The Weekly Pacquet of Advice from Rome or The History of Popery non ulterius Imprimatur vel publicetur per aliquam Personam quamcunque Per Cur. And this Committe admiring that Protestant Judges should take offence against a Book whose chief design was to expose the Cheats and Foppery of Popery enquired further into it and found by the Evidence of Jane Curtis that the said Book had been Licens'd for several Months that her Husband paid for the Copy and enter'd it in the Hall-Book of the Company But for all this she could not prevail by these Reasons with the Lord Chief Justice Scroggs to permit it any longer who said 'T was a Scandalous Libel and against the King's Proclamation and he would ruine her if ever she printed it any more And soon after she was served with the said Rule as the Author and other Printers were and by the Author's Evidence it appears That he was taken and brought before the said Chief Justice by his Warrant above a year since and upon his owning he writ part of that Book the Chief Justice called him Rogue and other ill names saying he would fill all the Goals in England with such Rogues and pile them up as men do Faggots and so committed him to prison refusing sufficient Bayl and saying he would Goal him to put him to charges and his Lordship observed his word punctually therein forcing him to his Habeas Corpus and then taking the same Bayl he refused before upon which this Committee came to this Resolution Resolved That it is the opinion of the Committee that the Rule made by the Court of Kings-Bench in Trinity Term last against printing a Book called The Weekly Pacquet of Advice from Rome is Illegal and Arbitrary And the Committee proceeded further and upon Information that a very great latitude had been taken of late by the Judges in imposing Fines on the persons found Guilty before them caused a Transcript of all the Fines imposed by the Kings-Bench since Easter Term in the 28th of His Majesty's Reign to be brought before them from the said Court by Samuel Astrey Gent. by perusal of which it appear'd to this Committee That the quality of the Offence and
the Ability of the person found Guilty have not been the Measures that have determined the quantity of many of these Fines which being so very numerous the Committee refer themselves to those Records as to the general instancing in some particulars as followeth Upon Joseph Brown of London Gent. on an Information for publishing a printed Book called The Long Parliament Dissolved in which is set forth these words Trinit 29 Car. 2. Nor let any man think it strange that we account it Treason for you to sit and Act contrary to our Laws for if in the first Parliament of Richard the second Grimes and Weston for lack of Courage only were adjudged guilty of High Treason for surrendring the places committed to their trust how much more you if you turn Renegadoes to the people that intrusted you and as much as in you lie surrender not a little pitiful Castle or two but all the legal defence the people of England have for their Lives Liberties and Properties at once Neither let the vain presuasion delude you That no persident can be found that one English Parliament hath hang'd up another tho paradventure even that may be proved a mistake for an unpresidented Crime calls for an unpresidented punishment and if you shall be so wicked to do the one or rather endeavour to do for now you are no longer a Parliament what ground of Confidence you can have that none will be found so worthy to do the other we cannot understand and do faithfully promise if your unworthiness provoke us to it that we will use our honest and utmost endeavours whenever a new Parliament shall be called to chuse such as may convince you of your mistake the old and infallible Observation That Parliaments are the pulse of the people shall lose its esteem or you will find that this your presumption was over fond however it argues but a bad mind to sin because it 's believed it shall not be punished The Judgment was That he be fin'd 1000 Marks be bound to the good behaviour for seven years and his name struck out of the Roll of the Attorneys without any offence alledged in his said Vocation And the publishing this Libel consisted only in superscribing a Pacquet with this inclosed to the East Indies Which Fine he not being able to pay living only upon his practice he lay in prison for three years till His Majesty gratiously pardon'd him and recommended him to be restored to his place again of Attorney by His Warrant dated the 15. of Decem. 1679. Notwithstanding which he has not yet obtained the said Restauration from the Court of Kings Bench. Upon John Harrington of London Gent. for speaking these words in Latin thus Hill 29 30. Car. 2. Quod nostra Gubernatio de tribus statibus consistibat si Rebellio eveniret in regno non accideret contra omnes tres status non est Rebellio A Fine of 1000 l. Sureties for the Good behaviour for seven years and to recant the words in open Court which Fine he was in no capacity of ever paying Upon Benjamin Harris of London Stationer Hill 31 32. Car. 2. on an Information for printing a Book call'd An Appeal from the Countrey to the City setting forth these words We in the Countrey have done our parts in chusing for the generality good Members to serve in Parliament but if as our two last Parliaments were they must be dissolved or prorogued whenever they come to redress the grievances of the Subject we may be pitied not blam'd if the Plot takes effect and in all probability it will Our Parliaments are not then to be condemn'd for that their not being suffer'd to sit occasion'd it Judgment to pay 500 l. Fine stand on the Pillory an hour and give Sureties for the good behaviour for three years And the said Benj. Harris inform'd this Committee That the Lord Chief Justice Scroggs prest the Court then to add to this Judgment his being publickly whipt but Mr. Justice Pemberton holding up his hands in admiration at their severity therein Mr. Justice Jones pronounc'd the Judgment aforesaid and he remains yet in prison unable to pay the said Fine Notwithstanding which Severity in the cases forementioned this Committee has observed the said Court has not wanted in other cases an extraordinary Compassion and Mercy though there appear'd no publick reason judicially in the Trial as in particular Upon Thomas Knox Principal Hill 31. 32. Car. 2. on an Indictment of Subornation and Conspiracy against the Testimony and life of Dr. Oats for Sodomy and also against the Testimony of William Bedloe a Fine of 200 Marks a years Imprisonment and to find Sureties for the good behaviour for three years Upon John Lane for the same offence a Fine of 100 Marks Exd. Ter. to stand in the Pillory for an hour and to be imprison'd for one year Upon John Tasborough Gent. Par. 32. Car. 2. on an Indictment for Subornation of Stephen Dugdale tending to overthrow the whole Discovery of the Plot The said Tasborough being affirmed to be a Person of good Quality a Fine of 100 l. Upon Ann Price for the same offence 200 l. Eod. Ter. Trin. 32. C. 2. Upon Nathaniel Thompson and William Badcock on an Information for Printing and Publishing weekly a Libel call'd The true Domestick Intelligence or News both from City and Country and known to be Popishly affected a Fine of 3 6 8 on each of them Upon Matthew Turner Stationer on an Information for vending and publishing a Book Eod. Ter. call'd the Compendium wherein the Justice of the Nation in the late Tryals of the Popish Conspirators even by some of these Judges themselves is highly Arraign'd and all the Witnesses for the King horribly asperst and this being the common notorious Popish Book-seller of the Town Judgment to pay a Fine of 100 Marks and is said to be out of Prison already Upon Loveland Trin. 32. C. 2. on an Indictment for a Notorious Conspiracy and Subornation against the Life and Honour of the Duke of Buckingham for Sodomy a Fine of 5 l. and to stand an hour in the Pillory Upon Edward Christian Mich. 32. C. 2. Esq for the same offence a Fine of 100 Marks and to stand an hour in the Pillory And upon Arthur Obrian for the same offence a Fine of 20 Marks and to stand an hour in the Pillory Upon Consideration whereof this Committee came to this Resolution Resolv'd That it is the Opinion of this Committee That the Court of King's Bench in the Imposition of Fines on Offenders of late years hath acted Arbitrarily Illegally and Partially favouring Papists and persons Popishly affected and excessively oppressing His Majesty's Protestant Subjects And this Committee being inform'd That several of His Majesty's Subjects had been committed for Crimes Bailable by Law although they then-tendred sufficient Sureties which were refus'd only to put them to vexation and
charge proceeded to enquire into the same and found that not only the fore-mention'd Henry Carr had been so refus'd the common Right of a Subject as is above-said but that George Broome being a Constable last year in London and committing some of the Lord Chief Justice Scroggs's Servants for great Disorders according to his Duty he was in few days arrested by a Tipstaff without any London Constable and carried before the said Chief Justice by His Warrant to answer for the committing of those persons above-said but being there was accused of having spoken irreverently of the said Chief Justice and an Affidavit read to him to that purpose which was falsly as the said George Broome affirms Sworn against him by two persons that use to be common Bail in that Court and of very ill Reputation Upon which he was committed to the Kings's Bench though he then tendred two able Citizens and Common-Council-men of London to be his Bail And he was forc't to bring his Habeas Corpus to his great Charge before he came out When the Marshal Mr. Cooling exacted 5 l. of him of which he complain'd to the Chief Justice but had no other Answer But he might take his Remedy at Law But the said Marshall fearing he should be questioned restor'd him two Guinies of it And further this Committee was inform'd by Francis Smith Bookseller That about Michaelmas was Twelve-month he was brought before the said Chief Justice by his Warrant and charged by the Messenger Robert Stephens That he had seen some parcels of a Pamphlet call'd Observations on Sir George Wakeman ' s Tryal in his Shop Upon which the Chief Justice told him he would make him an Example use him like a Boar in France and pile him and all the Booksellers and Printers up in Prison like Faggots and so committed him to the Kings's Bench Swearing and Cursing at him in great fury And when he tendred Three sufficient Citizens of London for his Bail alledging Imprisonment in his circumstances would be his utter ruin the Chief Justice replied The Citizens lookt like sufficient persons but he would take no Bail and so he was forc't to come out by Habeas Corpus and was afterwards inform'd against for the same matter to his great charge and vexation And a while after Francis the Son of the said Francis Smith was committed by the said Chief Justice and Bail refus'd for selling a Pamphlet call'd A New-years Gift for the said Chief Justice to a Coffee-house and he declared to them he would take no Bail for he would ruin them all And further it appear'd to this Committee that the said Chief Justice about October was twelve month committed in like manner Jane Curtis she having a Husband and Children for selling a Book call'd A Satyr against Injustice which his Lordship call'd a Libel against him and her Friends tendring sufficient Bail and desiring him to have mercy on her Poverty and Condition he swore by the Name of God she should go to Prison and he would shew no more mercy than they could expect from a Woolf that came to devour them and she might bring her Habeas Corpus and come out so Which she was forc'd to do and after inform'd against and prosecuted to her utter ruin four or five Terms after In like manner it appeared to this Committee that about that time also Edward Berry Stationer of Gray's Inn was committed by the said Chief Justice being accus'd of selling The Observations on Sir George Wakeman 's Tryal and though he tendered 1000 l. Bail yet the Chief Justice said he would take no Bail he should go to Prison and come out according to Law And after he with much Trouble and Charge got out by Habeas Corpus he was forc'd by himself or his Attorney to attend five Terms before he could be discharg'd though no Information was Exhibited against him in all that time In Consideration whereof and of others of the like Nature too tedious here to relate this Committee came to this Resolution Resolved That it is the Opinion of this Committee That the refusing sufficient Bail in these Cases wherein the Persons Committed were Bailable by Law Was Illegal and a High Breach of the Liberty of the Subject And this Committee being informed of an extraordinary kind of a Charge given at the last Assizes at Kingston in the County of Surrey by Mr. Baron Weston and proceeding to examine several Persons then and there present It was made appear to this Committee by the Testimony of John Cole Richard Mayo and John Pierce Gentlemen and others some of whom put down the said Barons words in Writing immediately that part of the said Charge was to this effect He inveighed very much against Farel Luther Calvin and Zuinglius condemning them as Authors of the Reformation Which was against their Princes minds and then adding to this purpose Zuinglius set up his Fanaticism and Calvin built on that blessed Foundation And to speak truth all his Disciples are seasoned with such a sharpness of Spirit that it much concerns Magistrates to keep a strait hand over them And now they are restless amusing us with Fears and nothing will serve them but a Parliament For my part I know no Representative of the Nation but the King all Power Centers in him 'T is true he does intrust it with his Ministers but he is the sole Representative and I-faith he has wisdom enough to intrust it no more in these Men who have given us such late Examples of their Wisdom and Faithfulness And this Committee taking the said matter into their Consideration came to this Resolution Resolved That it is the Opinion of this Committee That the said Expressions in the Charge given by the said Baron Weston were a Scandal to the Reformation in Derogation of the Rights and Priviledges of Parliaments and tending to raise Discord between his Majesty and his Subjects And this Committee being informed by several Printers and Booksellers of great Trouble and Vexation given them unjustly by one Robert Stephens called a Messenger of the Press the said Stephens being examined by this Committee by what Authority he had proceeded in that manner produced two Warrants under the Hand and Seal of the Chief Justice Scroggs which were In haec verba Angl. ss WHereas There are divers ill disposed Persons who do dayly Print and Publish many Seditious and Treasonable Books and Pamphlets endeavouring thereby to dispose the minds of his Majesties Subjects to Sedition and Rebellion And also infamous Libels reflecting upon particular Persons to the great scandal of his Majesties Government For Suppressing whereof his Majesty hath lately issued out his Royal Proclamation And for the more speedy suppressing the said Seditious Books Libels and Pamphlets and to the end that the Authors and Publishers thereof may be brought to their punishment These are to will and require you and in His Majesties Name to charge and command you and every of you upon
Earl unless they had his Royal Highness's and their Lordships special License and Warrant to that effect which is usual in the like Cases And by the said Petition humbly supplicated that his Highness and the Council would give special Order and Command to the said Sir George Lockhart the said Earls ordinary Advocate to consult and plead for him in the foresaid Criminal Process without incurring any hazard upon that account His Royal Highness and Lords of the said Privy Council did refuse the desire of the said Petition but allowed any Lawyers the Petitioner should employ to consult and plead for him in the Process of Treason and other Crimes to be pursued against him at the instance of His Majesties Advocate And also the said Alexander Dunbar having and holding in his hands another Act of the said Lords of Privy Council of the date the 24th of the said month relative to and narrating the said first Act and proceeding upon another supplication given in by the said Earl to the said Lords craving That his Royal Highness and the said Lords would interpose their Authority by giving a positive and special Order and Warrant to the said Sir George Lockhart to consult and plead with him in the foresaid Criminal Process conform to the tenor of the Acts of Parliament mentioned and particularized in the said Petition and frequent and known practice in the like cases which was never refused to any Subjects of the meanest quality His Royal Highness and Lords of Privy Council having considered the foresaid Petition did by the said Act adhere to their former Order allowing Advocates to appear for the said Earl in the Process foresaid as the said Acts bear and produced the said Acts and Procuratory foresaid to the said Sir George Lockhart who took the same in his hands and read them over successive and after reading thereof the said Alexander Dunbar Procurator and in name and behalf foresaid solemnly required the said Sir George Lockhart as the said Noble Earls ordinary Advocate and as a Lawyer and Advocate upon the said Earls reasonable expence to consult and advise the said Earls said Process at any time and place the said Sir George should appoint to meet thereupon conform to the foresaid two Acts of Council and Acts of Parliament therein mentioned appointing Advocates to consult in such matters which the said Sir George Lockhart altogether refused Whereupon the said Alexander Dunbar as Procurator and in Name foresaid asked and took Instruments one or more in the hands of me Notary publick undersubscribed And these things were done within the said Sir George Lockhart's Lodging on the South side of the Street of Edinburgh in the Lane-Mercat within the Dining-room of the said Lodging betwixt Four and Five hours in the Afternoon Day Month Year Place and of His Majesties Reign respective foresaid before Robert Dicksone and John Lesly Servitors to John Camphell Writer to His Majesties Signet and Dowgall Mac. Alester Messenger in Edinburgh with divers others called and required to the Premisses Ita esse Ego Johannes Broun Notarius publicus in Premissis requisitus Attestor Testantibus his meis signo subscriptione manualibus solitis consuetis Broun Witnesses Robert Dicksone Dowgall Mac. Alester John Lesly Decemb. 5. 1682. The Opinion of divers Lawyers concerning the Case of the Earl of Argyle WE have considered the Criminal Letters raised at the instance of His Majesties Advocate against the Earl of Argyle with the Acts of Parliament contained and narrated in the same Criminal Letters and have compared the same with a Paper or Explication which is libelled to have been given in by the Earl to the Lords of His Majesties Privy-Council and owned by him as the sense and explication in which he did take the Oath imposed by the late Act of Parliament Which Paper is of this tenor I have considered the Test and am very desirous to give chedience as far as I can c. And having likewise considered that the Earl after he had taken the Oath with the explication and sense then put upon it it was acquiesced to by the Lords of Privy-Council and he allowed to take his place and to sit and Vote And that before the Earls taking of the Oath there were several papers spread abroad containing objections and alledging inconsistencies and contradictions in the Oath and some thereof were presented by Synods and Presbyteries of the Orthodox Clergy to some of the Bishops of the Church It is our humble Opinion that seeing the Earls design and meaning in offering the said Explication was allenarly for the clearing of his own Conscience and upon no facrious or seditious design and that the matter and import of the said paper is no contradiction of the Laws and Acts of Parliament it doth not at all import any of the Crimes libelled against him viz. Treason Leasing making depraving of His Majesties Laws or the Crime of Perjury but that the glosses and inferences put by the Libel upon the said paper are altogether strained and unwarrantable and inconsistent with the Earls true design and the sincerity of his meaning and intention in making of the said Explication Wednesday the 12th of December the day of compearance assigned to the Earl being now come he was brought by a guard of Souldiers from the Castle to the place appointed for the Trial and the Justice Court being met and fenced the Earl now Marquess of Queensberry then Justice-General the Lords Nairn Collingtoun Forret Newtoun and Hirkhouse the Lords of Justitiary sitting in Judgment and the other formalities also performed the Indictment above set down Num. 24. was read and the Earl spoke as follows The Earl of Argyle's Speech to the Lord Justice General and the Lords of the Justitiary after he had been arraigned and his Indictment read My Lord Justice General c. I Look upon it as the undeniable priviledge of the meanest Subject to explain his own words in the most benign sense and even when persons are under an ill Character the misconstruction of words in themselves not ill can only reach a presumption or aggravation but not any more But it is strange to alledge as well as I hope impossible to make any that know me believe that I could intend any thing but what was honest and honourable suitable to the Principles of my Religion and Loyalty tho I did not explain my self at all My Lord I pray you be not offended that I take up a little of your time to tell you I have from my Youth made it my business to serve His Majesty faithfully and have constantly to my power appeared in his Service especially in all times of difficulty and have never joined nor complied with any Interest or Party contrary to His Majesties Authority and have all along served him in his own way without a frown from His Majesty these thirty years As soon as I passed the Schools and Colledges I went to travel to France and Italy and
another making a Speech that no Man understood a third all the time of the reading repeating Lord have mercy upon me miserable sinner Nay even an Advocate after being debarred a few days because albeit no Clerk yet he would not take it without the benefit of his Clergy viz. the Councils Explanation was yet thereafter admitted without the Warrant of the Councils Act but all this in the Case of so many other was right and good Further the Council expresly declare the Earl to be Guilty before he had ever said one word in his own defence Thereafter some of them become his Assizers and others of them witness against him and after all they do of new concern themselves by a Second Letter to His Majesty wherein they assert That after full debate and clear probation he was found guilty of Treason c. to have a sentence past against him and that of so high a nature and so dreadful a consequence as suffers no person to be unconcerned far less their Lordships his Judges who upon grounds equally just and which is more already predetermined by themselves may soon meet with the same measure not only as Concealers of Treason but upon the least pretended disobedience or non-compliance with any Act of Parliament and after all must infallably render an account to God Almighty He bids them therefore lay their hands to their bearts and whatever they shall judge he is assured that God knows and he hopes all unblassed men in the World will or may know he is neither guilty of Treason nor any of the Crimes libelled He says he is glad how many out-do him in asserting the true Protestant Religion and their Loyalty to His Majesty only he hadds If he could justify himself to God as he can to His Majesty he is sure he might account himself the happiest man alive But yet seeing he hath a better hope in the mercy of God through Jesus Christ he thereupon rests whether he finds Justice here on Earth or not He says he will add nothing to move them either to tenderness or pity he knows that not to be the place and pretends to neither from them He pleads his Innocence and craves Justice leaving it to their Lordships to consider not so much his particular Case as what a Preparative it may be made and what may be its Consequences And if all he hath said do neither convince nor persuade them to alter their judgment yet he desires them to consider whether the Case do not at least deserve to be more fully represented and left to His Majecty's wisdom and justice seeing that if once the matter pass upon record for Treason it is undoubted that hundreds of the best and who think themselves most innocent may by the same methods fall under the like Condemnation whenever the King's Advocate shall be thereto prompted And thus you have a part of what the Earl intended to have said before pronouncing Sentence if he had not made his Escape before the day Yet some things I perceive by his Notes are still in his own breast as only proper to be said to His Majesty I find several Quotations out of the Advocate 's printed Books that it seems he was to make some use of but seeing it would have been too great an interruption to have applied them to the places designed I have subjoined them together leaving them to the Advocate 's own and all mens consideration It was by some remarked That when the Lords of Justitiary after the ending of the first days debate resolved that same night to give judgment upon it they sent for the Lord Nairn one of their number an old and infirm man who being also a Lord of the Session is so decayed through age that he hath not for a considerable time been allowed to take his turn in the Outer-house as they call it where they judge lesser Causes alone But notwithstanding both his age and infirmity and that he was gone to bed he was raised and brought to the Court to consider a Debate a great deal whereof he had not heard in full Court and withal as is informed while the Clerk was reading some of it fell of new asleep It was also remarked that the Lords of Justitiary being in all five viz. the Lord Nairn above-mentioned with the Lords Collintoun Newtoun Hirkhouse and Forret the Libel was found relevant only by the odds of three to two viz. the Lord Nairn aforesaid the Lord Newtoun since made President of the Session and the Lord Forret both well enough known against the Lord Collintoun a very ingenious Gentleman and a true old Cavalier and the Lord Hirkhouse a learned and upright Judge As for the Lord Justice General who was also present and presided his vote according to the constitution of the Court was not asked But to return to my Narrative the Earl as I have already told you did not think fit for reasons that you shall hear to stay till His Majesty's return came to the Council's last Letter but taking his opportunity made his escape out of the Castle of Edinburgh upon Tuesday the Twentieth of December about eight at night and in a day or two after came His Majesty's Answer here subjoined The King's Answer to the Council's Letter December 18. 1681. C. R. MOST dearly c. having this day received your Letter of the 14th instant giving an account that our Advocate having been ordered by you to insist in that Process raised at our instance against the Earl of Argyle he was after full debate and clear probation found guilty of Treason and Leasing-making betwixt us our Parliament and our People and the reproaching our Laws and Acts of Parliament We have now thought fit notwithstanding of what was ordered by us in our Letter to you of the 15th of November last hereby to authorize you to grant a Warrand to our Justice General and the remanent Judges of our Justice Court for proceeding to pronounce a Sentence upon the Verdict of the Jury against the said Earl nevertheless it is our express pleasure and we do hereby require you to take care that all execution of the Sentence be stopped until we shall think fit to declare our further pleasure in this Affair For doing whereof c. Which Answer being read in Council on the Thursday and the Court of Justiciary according to its last Adjournment as shall be told you being to meet upon the Friday after a little hesitation in Council whether the Court of Justiciary could proceed to the Sentence of Forfaulture against the Earl he being absent it was resolved in the affirmative And what were the grounds urged either of hesitation or resolution I cannot precisely say there being nothing on record that I can learn But that you may have a full and satisfying account I shall briefly tell you what was ordinarily discoursed a part whereof I also find in a Petition given in by the Countess of Argyle to the Lords
People in divers Parliaments holden heretofore Willing to ordain Remedy for the great Damages and Mischiefs which have happened and dayly do happen by the said Cause c. By the assent of all the great Men and Commonalty of his said Realm hath Ordained and Established c. In which preamble of the Statute we may observe 1. The intollerable grievance and burden which was occasion'd by the illegal Incroachments of the See of Rome 2. The many Complaints the People had made who in those dark times under Popery were sensible of groaning under those Burdens 3. The Endeavours used in vain by former Parliaments to Redress the same and to bring their Laws in being to have their Force and Effect 4. The acknowledgment of the King and Parliament that the Obligation hereto was upon the King 1. From the Right of the Crown which obliged every King to pass good Laws 2. The Statute in force 3. The King's Oath to keep the Old and pass New Laws for his Peoples safeguard which they should tender to him 4. From the sence of the People expressed in their Complaints and 5. From the Mischief and Damage which would otherwise ensue And therefore by the desire and accord of his People He passes this famous Law The Preamble whereof is here recited Another Statute to the same purpose you find 2 R. 2. No. 28. Also the Commons in Parliament pray That forasmuch as Petitions and Bills presented in Parliament by divers of the Commons could not heretofore have their Respective Answers That therefore both their Petitions and Bills in this present Parliament as also others which shall be presented in any future Parliament may have a good and gracious Answer and Remedy ordained thereupon before the departing of every Parliament And that to this purpose a due Statute be ensealed or Enacted at this present Parliament to be and remain in Force for all times to come To which the King replied The King's Answer THE King is pleased that all such Petitions deliver'd in Parliament of things or matters which cannot otherwise be determined A Good and Reasonable Answer shall be made and given before the departure of Parliament In which excellent Law we may observe 1. A Complaint of former remisness their Bills having aforetime been pass'd by their Grievances Unredressed by unseasonably Dissolving of Parliaments before their Laws could pass 2. That a Law might pass in that very Parliament to rectifie that Abuse for the future And 3. That it should not pass for a temporary Law but for perpetuity being of such absolute Necessity that before the Parliaments be dismissed Bills of common Right might pass And the King agreed hereto Suitable hereto we have my Lord Chief Justice Coke that great Oracle of the Law in his Instit 4. B. p. 11. asserting Petitions being truly preferr'd though very many have been Answered by the Law and Custom of Parliament before the end of Parliament This appears saith he by the Ancient Treatise De Modo tenendi Parliamentum in these Words faithfully Translated The Parliament ought not to be ended while any Petition dependeth undiscussed or at the least to which a determinate Answer is not made Rot. Par. 17. E. 3. No. 60. 25 E. 3. No. 60. 50 E. 3. No. 212. 2 R. 2.134 2 R. 2. No. 38. 1 H. 4.132 2 H. 4325.113 And that one of the principal ends of calling Parliaments is for redressing of Grievances that daily happen 36 E. 3. c. 10. 18 E. 3. c. 14. 50 E. 3. No. 17. Lyons Case Rot. Par. 1 H. 5. No. 17. 13 H. 4. No. 9. And that as concerning the departing of Parliaments It ought to be in such a manner faith Modus Tenendi viz. To be demanded yea and publiekly Proclaimed in the Parliament and within the Palace of the Parliament whether there be any that hath delivered a Petition to the Parliament and hath not received Answer thereto if there be none such it is to be supposed that every one is Satisfied or else Answered unto at the least so far forth as by the Law be may be And which custom was observed in after Ages as you have heard before Concerning the Antiquity and Authority of this Ancient Treatise called Modus tenendi Parliamentum saith my Lord Coke whereof we make often use in our Institutes Certain it is that this Modus was Rehearsed and Declared before the Conqueror at the time of his Conquest and by him approved for England and accordingly he according to Modus held a Parliament for England as appears 21 E. 3. so 60. Whereby you clearly perceive that these wholsome Laws are not only in full agreement with the Common Law and declarative thereof but in full accord with the Oath and Office of the Prince who has that great trust by the Law lodged with him for the good and benefit not hurt and mischief of the People viz. First These Laws are very suitable to the Duty and Office of a Ruler and the end for which he was instituted by God himself who commands him to do Judgment and Justice to all especially to the Oppressed and not to deny them any request for their relief protection or welfare 2 Sam. 22.3 1 Chron. 13.1 to 5.2 Chron. 9.8.19.5 c Est 1.13 Our Law-Books enjoyning the same as Bracton Lib. 1. c. 2. Lib. 3. c. 9. fol. 107 c. Fortiscue ch 9. fo 15. c. 7. fol 5.11 Coke 7. Book Reports Calvin's Case f. 11. Secondly They are also in full Harmony with the King's Coronation Oath solemnly made to all his Subjects viz. To grant fulfill and defend all rightful Laws which the Commons of the Realm shall choose and to strengthen and maintain them after his Power Thirdly These Laws are also in full agreement and oneness with Magna Charta it self that Ancient Fundamental Law which hath been Confirmed by at least Forty Parliaments viz. We shall deny We shall defer to no Man Justice and Right much less to the whole Parliament and Kingdom in denying or deferring to pass such necessary Bills which the Peoples needs call for Object But to all this which hath been said it may be objected That several of our Princes have otherwise practised by Dissolving or as laterly used by Prorogucing Parliaments at their pleasures before Grievances were Redressed and Publick Bills of Common Safety Passed and that as a Privilege belonging to the Royal Prerogative Answ To which it is Answered That granting they have so done First It is most manifest that deth not therefore create a right to them so to do according to that known Maxim a facto ad jus non valet Consequentia especially when such Actions are against so many express and positive Laws such Principles of Common Right and Justice and so many particular Tyes and Obligations upon themsâ—â—es to the contrary Secondly But if it had been so yet neither can Prerogative be pleaded to justify such Practices because the King has no Prerogative but what the Law gives
him and it can give none to destroy its self and those it protects but the contrary Bracton in his Comments pag. 487. tells us Bracton p. 487. That although the Common Law doth allow many Prerogatives to the King yet it doth not allow any that He shall wrong or hurt any by His Prerogative Therefore 't is well said by a late Worthy Author upon this point That what Power or Prerogative the Kings have in Them ought to be used according to the true and genuine intent of the Government that is for the Preservation and Interest of the People And not for the disappointing the Councils of a Parliament towards reforming Grievances and making provision for the future Execution of the Laws and whenever it is applied to frustrate those ends it is a Violation of Right and Infringement of the King's Coronation Oath who is obliged to Pass or Confirm those Laws His People shall cluse And tho he had such a Prerogative by Law yet it should not be so used especially in time of Eminent danger and distress The late King in His Advice to His Majesty that now is in his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 239. Tells him That his Prerogative is best shewed and exercised in Remitting rather than exacting the Rigor of the Laws there being nothing worse than Legal Tyranny Nor would he have him entertain any Aversion or Dislike of Parliaments The Late King's advice to His Majesty which in their right Constitution with freedom and Honour will never Injure or Diminish His Greatness but will rather be as interchangings of Love Loyalty and Confidence between a Prince and His people It is true some Flatterers and Traytors have presumed in defiance to their Countries Rights to assert that such a boundless Prerogative belongs to Kings As did Chief Justice Trisilian c. in R. 2â—s time Advising him that he might Dissolve Parliaments at pleasure and that no Member should be called to Parliament nor any Act past in either House without His Approbation in the first place and that whoever advis'd otherwise were Traytors But this Advice you read was no less fatal to himself than pernicious to his Prince Bakers Chron. p. 147 148 and 159. King James in His Speech to the Parliament 1609. Gives them assurance That he never meant to Govern by any Law but the Law of the Land tho it be disputed among them as if he had an intention to alter the Law and Govern by the absolute power of a King but to put them out of doubt in that matter tells them That all Kings who are not Tyrants or Perjured will bound themselves within the limits of their Laws And they that persuade the contrary are Vipers and Pests both against them and the Commonwealth Wilson K. J. p. 46. The Conclusion 1. IF this be so That by so great Authority viz. so many Statutes in force The sundamental of the Common Law the Essentials of the Government it self Magna Charta The King's Coronation Oath so many Laws of God and Man The Parliament ought ro sit to Redress Grievances and provide for Common Safety especially in times of Common Danger And that this is eminently so who can doubt that will believe the King so many Parliaments The Cloud of Witnesses the Publick Judicatures their own sense and experience of the manifold Mischiefs which have been acted and the apparent Ruine and Confusion that impends the Nation by the restless Attempts of a bloody Interest if speedy Remedy is not applied Then let it be Queried Whether the People having thus the Knife at the Throat Cities and Habitations Fired and therein their Persons fried Invasions and Insurrections threatned to Destroy the King and Subjects Church and State and as so lately told us upon Mr. Fitz Harris's Commitment the present Design on Foot was to Depose and Kill the King and their only remedy hoped for under God to give them relief Relief thus from time time cut off viz. Their Parliaments who with so much care cost and pains are Elected sent up and Intrusted for their help turned off ré infecta and rendred so insiguificant by those frequent Prorogations and Dissolutions Are they not therefore justified in their important Cries in their many Humble Petitions to their King Fervent Addresses to their Members earnest Claims for this their Birth-right here Pleaded which the Laws of the Kingdom consonant to the Laws of God and Nature has given them 2. If so what then shall be said to those who advise to this high Violation of their Countries Rights to the infringing so many just Laws and exposing the Publick to those desperate hazards if not a total Ruine If King Alfred as Andrew Horne in his Mirror of Justice tells us hanged Darling Segnor Cadwine Cole and Forty Judges more for Judging contrary to Law and yet all those false Judgments were but in particular and private Cases What death do those Men deserve who offer this violence to the Law it self and all the Sacred Rights of their Country If the Lord Chief Justice Thorp in Ed. 3d's time for receiving the Bribery of One hundred pounds was adjudged to be Hanged as one that had made the King break his Oath to the People How much more guilty are they of making the King break His Coronation Oath that persuade him to Act against all the Laws for holding Parliaments and passing Laws therein which he is so solemnly sworn to do And if the Lord Chief Justice Tresilian was Hanged Drawn and Quartered for Advising the King to Act contrary to some Statutes only What do those deserve that advise the King to Act not only against some but against all these Ancient Laws and Statutes of the Realm And if Blake the King's Council but for assisting in the matter and drawing up Indictments by the King's Command contrary to Law tho it is likely he might Plead the King's Order for it yet if he was Hang'd Drawn and Quartered for that What Justice is due to them that assist in the Total Destruction of all the Laws of the Nation and as much in them lies their King and Country too And if Vsk the under-Sheriff whose Office is to Execute the Laws for but endeavouring to aid Tresilian Blake and their Accomplices against some of the Laws was also with Five more Hang'd Drawn and Quartered What punishment may they deserve that Aid and endeavour the Subversion of all the Laws of the Kingdom And if Empson and Dudley in Henry the Eighth's time tho two of the King 's Privy Council were Hanged for Procuring and Executing an Act of Parliament contrary to the Fundamental Laws of the Kingdom and to the great vexation of the People so that tho they had an Act of Parliament of their side yet that Act being against the known Laws of the Land were Hang'd as Traytors for putting that Statute in Execution Then what shall become of those who have no such Act to shelter themselves under and who
the Lives of all that are brought into Judgment do ultimately depend from their Verdict there lies no Appeal by finding Guilty or not Guilty they do complicately resolve both Law and Fact As it hath been the Law so it hath always been the Custom and Practice of these Juries upon all general Issues pleaded in Cases Civil as well as Criminal to judge both of the Law and Fact See the Reports of the Ld Chief Justice Vaughan p. 150 151. So it is said in the Report of the Lord Chief Justice Vaughan in Bushel's Case That these Juries determine the Law in all matters where Issue is joined and tried in the Principal Case whether the Issue be about Trespass or a Debt or Disseizin in Assizes or a Tort or any such like unless they should please to give a special Verdict with an implicite faith in the Judgment of the Court to which none can oblige them against ther wills These last 12 must be Men of equal condition with the Party indicted and are called his Peers therefore if it be a Peer of the Realm they must be all such when indicted at the Suit of the King and in the Case of Commoners every man of the 12 must agree to the Verdict freely without compulsion fear or menace else it is no Verdict Whether the Case of a Peer be harder I will not determine Our Ancestors were careful that all men of the like condition and quality presumed to be sensible of each other's infirmity should mutually be Judges each of others lives and alternately taste of Subjection and Rule every man being equally liable to be accused or indicted or perhaps to be suddenly judged by the Party of whom he is at present Judge if he be found innocent Whether it be Lord or Commoner that is indicted the Law intends as near as may be that his Equals that judge him should be his Companions known to him and he to them or at least his Neighbours or Dwellers near about the place where the Crime is supposed to have been committed to whom something of the Fact must probably be known and though the Lords are not appointed to be of the Neighbourhood to the indicted Lord yet the Law supposes them to be Companions and personally well known each unto other being presumed to be a small number as they have anciently been and to have met yearly or oftner in Parliament as by Law they ought besides their other meetings as the hereditary Councellors of the Kings of England If time hath altered the case of the Lords as to the number indifferency and impartiality of the Peers it hath been and may be worthy of the Parliament's consideration and the greater duty is incumbent upon Grand Juries to examine with the utmost diligence the Evidence against Peers before they find a Bill of Indictment against any of them if in truth it may put their Lives in greater danger It is not designed at this time to undertake a Discourse of Petit-Juries but to consider the Nature and Power of Grand Inquests and to shew how much the Reputation the Fortunes and the Lives of English-men depend upon the Conscientious performance of their Duty It was absolutely necessary for the support of the Government and the safety of every Man's Life and Interest that some should be trusted to inquire after all such as by Treasons Felonies or lesser Crimes disturbed the peace that they might be prosecuted and brought to condign punishment and it was no less needful for every man's quiet and safety that the trust of such Inquisitions should be put into the hands of Persons of understanding and integrity indifferent and impartial that might suffer no man to be falsely accused or defamed nor the Lives of any to be put in jeopardy by the malicious Conspiracies of greator small or the Perjuries of any profligate Wretches For these necessary honest Ends was the institution of Grand Juries Our Ancestors thought it not best to trust this great concern of their Lives and Interests in the hands of any Officer of the King 's or in any Judges named by him nor in any certain number of men during life lest they should be awed or influenced by great men corrupted by Bribes Flatteries or love of Power or become negligent or partial to Friends and Relations or pursue their own Quarrels or private Revenges or connive at the Conspiracies of others and indict thereupon But this trust of enquiring out and indicting all the Criminals in a County is placed in men of the same County more at least than Twelve of the most honest and most sufficient for knowledge and ability of Mind and Estate to be from time to time at the Sessions and Assizes and all other Commissions of Oyer and Terminer named and returned by the chief Sworn Officer of the County the Sheriff who was also by express Law anciently chosen annually by the People of every County and trusted with the Execution of all Writs and Processes of the Law and with the Power of the County to suppress all Violences unlawful Routs Riots and Rebellions Yet our Laws left not the Election of these Grand Inquests absolutely to the Will of the Sheriffs but have described in general their Qualifications who shall enquire and indict either Lord or Commoner They ought by the old Common-law to be Lawful Liedge-people of ripe Age not over aged or infirm and of good Fame amongst their Neighbours free from all reasonable suspicion of any design for himself or others upon the Estates or Lives of any suspected Criminals or quarrel or controversie with any of them They ought to be indifferent and impartial even before they are admitted to be sworn and of sufficient understanding and Estate for so great a Trust The ancient Law-book called Briton of great Authority says See Brit. p. 9 and 10. The Sheriffs Bailiffs ought to be sworn to return such as know best how to enquire and discover all breaches of the Peace and lest any should intrude themselves or be obtruded by others they ought to be returned by the Sheriff without the denomination of any except the Sheriff's Officers And agreeable hereunto was the Statute of 11 H. 4. in these words Item Because of late See 11 Hen. 4. Inquests were taken at Westminster of persons named to the Justices without due Return of the Sheriff of which persons some were outlawed c. and some fled to fanctuary for Treason and Felony c. by whom as well many Offenders were indicted as other lawful Liege-people of the King not guilty by Conspiracy Abetment and false imagination of others c. against the force of the Common-Law c. It is therefore granted for the Ease and Quietness of the People that the same Indictment with all its Dependences be void and holden for none for ever and that from henceforth no Indictment be made by any such persons but by Inquest of the King's Liedge-people in the manner as
do no wrong But the greatest of all wrongs and that which hath been most destructive unto Thrones is by Fraud to circumvent and destroy the Innocent This is to turn a Legal King into a Nimrod a Hunter of Men This is not to act the part of a Father or a Shepherd who is ready to lay down his Life for his Sheep but such as the Psalmist complains of who eat up the People as if they eat Bread Jezebel did perhaps applaud her own Wit and think she had done a great Service to the King by finding out Men of Belial Judges and Witnesses to bring Naboth to be stoned but that unregarded Blood was a Canker or the Plague of Leprosie in his Throne and Family which could not be cured but by its overthrow and extinction But if the Attorney General cannot serve the King by abusing Juries and subverting the Innocent he can as little gain an advantage to himself by falsifying his Oath by the true meaning whereof he is to prosecute Justice Impartially and the Eternal Divine Law would annul any Oath or Promise that he should have taken to the contrary even though his Office had obliged him unto it The like Obligation lies upon Jurors not to suffer themselves to be deluded or persuaded that the Judges King's Council or any others can dispense with that Oath or any part of it which they have taken before God unto the whole Nation nor to think that they can swerve from the Rules set by the Law without a damnable breach of it The pwoer of relating or dissolving Conscientious Obligations acknowled in the Pope makes a great part of the Roman Superstition and that grand Impostor could never corrupt Kingdoms and Nations to their destruction and the Establishment of his Tyranny until he had brought them to believe he could dispense with Oaths taken by Kings unto their Subjects and by Subjects to their Kings nor impose so extravagant an Errour upon either until he had persuaded them he was in the place of God It is hard to say how the Judges or King's Council can have the same Power unless it be upon the same Title but we may be sure they may as well dispense with the whole Oath as any part of it and can have no pretence unto either unless they have the Keys of Heaven and Hell in their keeping It is in vain to say the King as any other man may remit the Oath taken unto and for himself He is not a party for himself but in the behalf of his People and cannot dispose of their Concernments without their Consent which is given only in Parliament The King's Council ought to remember they are in criminal Cases of Council unto every man in the Kingdom It is no ways referred unto the Direction of the Judges or unto them whether that secrecy enjoyned by Law be profitable unto the King or Kingdom They must take the Law as it is and render Obedience unto it until it be altered by the Power that made it To this end the Judges by Acts of Parliament viz. 18 Ed. 3. cap. 8. and 20 Ed. 3. cap. 1. are sworn to serve the People Ye shall serve our Lord the King and his People in the Office of Justice c. Ye shall deny to no man common Right by the King's Letters nor no other mans nor for no other cause and in default thereof in any point they are to forfeit their Bodies Lands and Goods This proves them to be the Peoples Servants as well as the Kings Further by the express words of the Commissions of Oyer and Terminer they are required to assist every man that suffers injury and make diligent inquisition after all manner of falshoods deceits offences and wrongs done to any man and thereupon to do Justice according to the Law so that in the whole proceedings in order unto Tryal and in the Tryals themselves the Thing principally intended which several persons are severally in their capacities obliged to pursue is the discovery of Truth The Withesses are to depose the Truth the whole Truth and Nothing but the Truth Thereupon the Council for the King are to prosecute The Grand Jury to present and the Petit Jury to try These are several Offices but all to the same End 'T is not the Prisoner but the Crime that is to be pursued This primarily the Offender but by consequence and therefore such Courses must be taken as may discover that and not such as may ensnare him When the Offence is found the impartial Letter of the Law gives the Doom and the Judges have no share in it but the pronouncing of it Till then the Judges are only to preside and take Care that every man else who is employed in this necessary Affair do his duty according to Law So that upon result of the whole transaction impartial Justice may be done either to the Acquittal or condemnation of the Prisoner Hereby it is manifest why the Judges are obliged by Oath To Serve the People as well as the King And by Commission To Serve every One that Suffers Injuries As they are to See that Right be done to the King and His injur'd Subjects in discovering of the Delinquent So they are to be of Council with the Prisoner whom the Law supposeth may be ignorant as well as innocent and therefore has provided that the Court shall be of Council for him and as well inform him of what Legal advantages the Law allows him as to resolve any point of Law when he shall propose it to them And it seems to be upon the presumption of this steady impartiality in the Judges thus obliged by all that is held Sacred before God and man to be unbyassed that the Prisoner hath no Council for if the Court faithfully perform their duty the Accused can have no wrong or hardship and therefore needs no Adviser Now suppose a man perfectly innocent and in some measure knowing in the Law should be accused of Treason or Felony If the Judges shall deny unto the Grand Jury the liberty of examining any Witnesses except in open Court where nothing shall be offered that may help to clear the Prisoner but every Thing aggravated that gives colour for the Accusation such Persons only produced as the King's Council or the Prosecutors shall think fit to call of whose Credit also the Jury must not inquire but shall be controll'd and brow-beaten in asking Questions of such unknown Witnesses for their own Satisfaction if they have any Tendency to discover the Infamy of these Witnesses or the Falshood of their Testimony How can Innocence secure any Man from being arraigned And if the Oath of the Judges should be as much forgotten in the further Proceedings upon the Trial where in Cases of Treason the Prisoner shall have all the King's Council commonly not the most unlearned prepared with studied Speeches and Arguments to make him black and odious and to Strain all his words and to alledge them
easily be done but never consented to as fit to be done And I remember particularly at my Lord Shaftsbury's there being some general Discourse of this kind I immediately flew out and exclaim'd against it and ask'd if the thing succeeded what must be done next but massacring the Guards and killing them in cold blood Which I look't upon as so detestable a thing and so like a Popish Practice that I could not but abhor it And at the same time the Duke of Monmouth took me by the hand and told me very kindly My Lord I see you and I are of a Temper did you ever hear so horrid a thing And I must needs do him that Justice to declare that I never observed in him but an Abhorrence to all base things As to my going to Mr. Shepheard's I went with an intention to taste Sherry for he had promised me to reserve for me the next very good piece he met with when I went out of Town and if he recollects he may remember I ask'd him about it and he went and fetch'd a Bottle but when I tasted it I said 't was hot in the mouth and desired that whenever he met with a choice Piece he would keep it for me which he promised I enlarge the more upon this because Sir George Jefferies insinuated to the Jury as if I had made a story about going thither but I never said that was the only Reason And I will now truly and plainly add the rest I was the day before this Meeting come to Town for two or three days as I had done once or twice before having a very near and dear Relation lying in a very languishing and desperate Condition And the Duke of Monmouth came to me and told me he was extreamly glad I was come to Town for my Lord Shaftsbury and some hot Men would undo us all How so my Lord I said Why answered he they 'll certainly do some disorderly thing or other if great Care be not taken and therefore for God's sake use your Endeavours with your Friends to prevent any thing of this kind He told me there would be Company at Mr. Shepheard's that Night and desired me to be at home in the Evening and he would call me which he did And when I came into the Room I saw Mr. Rumsey by the Chimney though he swears he came in after and there were things said by some with much more Heat than Judgment which I did sufficiently disapprove and yet for these things I stand condemned But I thank God my part was sincere and well meant It is I know inferr'd from hence and was pressed to me that I was acquainted with these Heats and ill Designs and did not discover them But this is but Misprision of Treason at most So I dye innocent of the Crime I stand condemn'd for and I hope no body will imagaine that so mean a Thought could enter into me as to go about to save my self by accusing others The part that some have acted lately of that kind has not been such as to invite me to love Life at such a rate As for the Sentence of Death passed upon me I cannot but think it a very hard one For nothing was sworn against me whether true or false I will not now examine but some Discourses about making some Stirs And this is not levying War against the King which is Treason by the Statute of Edward the Third and not the consulting and discoursing about it which was all that was witnessed against me But by a strange Fetch the Design of seizing the Guards was construed a Design of killing the King and so I was in that cast And now I have truly and sincerely told what my part was in that which cannot be more than a bare Misprision and yet I am condemned as guilty of a Design of killing the King I pray God lay not this to the charge neither of the King's Council nor Judges nor Sheriffs nor Jury And for the Witnesses I pity them and wish them well I shall not reckon up the particulars wherein they did me wrong I had rather their own Consciences should do that to which and the Mercies of God I leave them Only I still aver that what I said of my not hearing Col. Rumsey deliver any Message from my Lord Shaftsbury was true for I always detested Lying tho' never so much to my advantage And I hope none will be so unjust and uncharitable as to think I would venture on it in these my last Words for which I am so soon to give an account to the Great God the Searcher of Hearts and Judge of all Things From the time of chusing Sheriffs I concluded the Heat in that Matter would produce something of this kind and I am not much surprized to find it fall upon me And I wish what is done to me may put a stop and satiate some Peoples Revenge and that no more innocent Blood be shed for I must and do still look upon mine as such since I know I was guilty of no Treason and therefore I would not betray my Innocence by Flight of which I do not I thank God yet repent tho' much pressed to it how fatal soever it may have seem'd to have proved to me for I look upon my Death in this manner I thank God with other eyes than the World does I know I said but little at the Trial and I suppose it looks more like Innocence than Guilt I was also advis'd not to confess Matter of Fact plainly since that must certainly have brought me within the Guilt of Misprision And being thus restrained from dealing frankly and openly I chose rather to say little than to depart from that Ingenuity that by the Grace of God I had carried along with me in the former parts of my Life and so could easier be silent and leave the whole Matter to the Conscience of the Jury than to make the last and solemnest part of my Life so different from the Course of it as the using little Tricks and Evasions must have been Nor did I ever pretend to a great readiness in speaking I wish those Gentlemen of the Law who have it would make more Conscience in the use of it and not run Men down and by Strains and Fetches impose on easie and willing Juries to the Ruine of innocent Men For to kill by Forms and Subtilties of Law is the worst sort of Murther But I wish the Rage of hot Men and the Partialities of Juries may be stopp'd with my Blood which I would offer up with so much the more Joy if I thought I should be the last were to suffer in such a way Since my Sentence I have had but few Thoughts but Preparatory ones for Death Yet the importunity of my Friends and particularly of the Best and Dearest Wife in the World prevail'd with me to sign Petitions and make an Address for my Life To which I was very averse For
I thank God tho' in all respects I have lived one of the happiest and contented'st Men of the World for now very neer fourteen years yet I am so willing to leave all that it was not without Difficulty that I did any thing for the saving of my Life that was Begging But I was willing to let my Friends see what Power they had over me and that I was not Obstinate nor Sullen but would do any thing that an honest Man could do for their Satisfaction Which was the only Motive that sway'd or had any weight with me And now to sum up all As I never had any Design against the King's Life or the Life of any Man whatsoever so I never was in any Contrivance of altering the Government What the Heats Wickedness Passions and Vanities of other men have occasioned I ought not to be answerable for nor could I repress them though I now suffer for them But the Will of the Lord be done into whose Hands I commend my Spirit and trust that Thou O most Merciful Father hast forgiven me all my Transgressions the Sins of my Youth and all the Errors of my past Life and that Thou wilt not lay my secret Sins and Ignorances to my Charge but wilt graciously support me during that small part of my Time now before me and assist me in my last Moments and not leave me then to be disorder'd by Fear or any other Temptations but make the Light of thy Countenance to shine upon me for thou art my Sun and my Shield And as Thou supportest me by thy Grace so I hope thou wilt hereafter Crown me with Glory and receive me into the Fellowship of Angels and Saints in that blessed Inheritance purchased for me by my most merciful Redeemer who is I trust at thy Right Hand preparing a place for me and is ready to receive me into whose Hand I commend my Spirit To the KING 's Most Excellent Majesty The Humble Petition of Algernon Sidney Esquire SHEWETH THat your Petitioner after a long and close Imprisonment was on the 7th day of this Month with a Guard of Souldiers brought into the Palace-yard upon an Habeas Corpus directed to the Lieutenant of the Tower before any Indictment had been exhibited against him But while he was there detain'd 〈…〉 was exhibited and found whereupon he was immediately carried to the King's Bench and there Arraign'd In this surprize he desir'd a Copy of the Indictment and leave to make his Exceptions or to put in a Special Plea and Council to frame it but all was deny'd him He then offer'd a Special Plea ready Ingross'd which also was rejected without reading And being threatned that if he did not immediately plead Guilty or Not Guilty Judgment of High Treason should be entred he was forc'd contrary to Law as he supposes to come to a general Issue in Pleading Not Guilty Novemb. 21. He was brought to his Tryal and the Indictment being perplexed and confused so as neither he nor any of his Friends that heard it could fully comprehend the scope of it he was wholly unprovided of all the helps that the Law allows to every man for his Defence Whereupon he did again desire a Copy and produc'd an Authentick Copy of the Statute of 46 Ed. 3. whereby 't is Enacted That every man shall have a Copy of any Record that touches him in any manner as well that which is for or against the King as any other person but could neither obtain a Copy of his Indictment nor that the Statute should be read The Jury by which he was try'd was not as he is inform'd summon'd by the Bailiffs of the several Hundreds in the usual and legal manner but names were agreed upon by Mr. Graham and the Under-Sheriff and directions given to the Bailiffs to Summon them And being all so chosen a Copy of the Pannel was of no use to him When they came to be call'd he excepted against some for being your Majesties Servants which he hop'd should not have been return'd when he was prosecuted at your Majesties Suit many others for not being Freeholders which Exceptions he thinks were good in Law and others were lew'd and infamous persons not fit to be of any Jury But all was over-rul'd by the Lord Chief Justice and your Petitioner forc'd to challenge them Peremptorily whom he found to be pick'd out as most suitable to the Intentions of those who sought his Ruin whereby he lost the Benefit allow'd him by Law of making his Exceptions and was forc'd to admit of Mechanick Persons utterly unable to judge of such a matter as was to be brought before them This Jury being sworn no Witness was produc'd who fixed any thing beyond Hearsay upon your Petitioner except the Lord Howard and them that swore to some Papers said to be found in his House and offer'd as a second Witness and written in an Hand like to that of your Petitioner Your Petitioner produced ten Witnesses most of them of Eminent Quality the others of unblemish'd Fame to shew the Lord Howard's Testimony was inconsistent with what he had declared before at the Tryal of the Lord Russel under the same Religious obligation of an Oath as if it had been legally administred Your Petitioner did further endeavour to shew That besides the Absurdity and Incongruity of his Testimony he being guilty of many Crimes which he did not pretend your Petitioner had any knowledge of and having no other hope of Pardon than by the drudgery of Swearing against him he deserv'd not to be believ'd And similitude of Hands could be no Evidence as was declared by the Lord Chief Justice Keiling and the whole Court in the Lady Carr's Case so as that no Evidence at all remain'd against him That whosoever wrote those Papers they were but a small part of a Polemical Discourse in answer to a Book written about thirty years ago upon general Propositions apply'd to no Time nor any particular Case That it was impossible to judge of any part of it unless the whole did appear which did not That the sence of such parts of it as were produced could not be comprehended unless the whole had been read which was denied That the Ink and Paper shew'd them to be writ many Years ago That the Lord Howard not knowing of them they could have no concurrence with what your Petitioner is said to have design'd with him and others That the Confusion and Errors in the writing shew'd they had never been so much as review'd and being written in an Hand that no man could well read they were not fit for the Press nor could be in some Years though the Writer of them had intended it which did not appear But they being only the present crude and private thoughts of a man for the exercise of his own understanding in his Studies and never shewed to any or applied to any particular Case could not fall under the Statute of 25 Ed. 3. which
takes cognizance of no such matter and could not by Construction be brought under it such matters being thereby reserved to the Parliament as is declared in the Proviso which he desired might be read but was refused Several important points of Law did hereupon emerge upon which your Petitioner knowing his own weakness did desire that Council might be heard or they might be referr'd to be found Specially But all was over rul'd by the violence of the Lord Ch. Justice and your Petitioner so frequently interrupted that the whole method of his Defence was broken and he not suffered to say the tenth part of what he could have alledged in his defence So the Jury was hurried into a Verdict they did not understand Now forasmuch as no man that is oppressed in England can have Relief unless it be from your Majesty your Petitioner humbly prays that the Premises considered your Majesty would be pleas'd to admit him into your presence and if he doth not shew that 't is for your Majesties Interest and Honour to preserve him from the said Oppression he will not complain though he be left to be destroy'd The very Copy of a Paper delivered to the Sheriffs upon the Scaffold on Tower-Hill on Friday December 7. 1683. By Algernon Sidney Esq before his Execution there Men Brethren and Fathers Friends Countrymen and Strangers IT may be expected that I should now say some Great Matters unto you but the Rigour of the Season and the Infirmities of my Age encreased by a close Imprisonment of above Five Months doth not permit me Moreover we live in an Age that maketh Truth pass for Treason I dare not say any thing contrary unto it and the Ears of those that are about me will probably be found too tender to hear it My Tryal and Condemnation doth sufficiently evidence this West Rumsey and Keyling who were brought to prove the Plot said no more of me than that they knew me not and some others equally known unto me had used my Name and that of some others to give a little Reputation unto their Designs The Lord Howard is too infamous by his Life and the many Perjuries not to be denied or rather sworn by himself to deserve mention and being a single Witness would be of no value though he had been of unblemish'd Credit or had not seen and confessed that the Crimes committed by him would be pardoned only for committing more and even the Pardon promised could not be obtained till the Drudgery of Swearing was over This being laid aside the whole matter is reduc'd to the Papers said to be found in my Closet by the King's Officers without any other proof of their being written by me than what is taken from the suppositions upon the similitude of an Hand that is easily Counterfeited and which hath been lately declared in the Lady Car's Case to be no lawful Evidence in Criminal Causes But if I had been seen to write them the matter would not be much altered They plainly appear to relate unto a large Treatise written long since in answer to Filmer's Book which by all Intelligent Men is thought to be grounded upon wicked Principles equally pernicious unto Magistrates and People If he might publish unto the World his Opinion That all Men are born under a necessity derived from the Laws of God and Nature to submit unto an Absolute Kingly Government which could be restrained by no Law or Oath and that he that hath the power whether he came unto it by Creation Election Inheritance Usurpation or any other way had the Right and none must oppose his Will but the Persons and Estates of his Subjects must be indispensably subject unto it I know not why I might not have published my Opinion to the contrary without the breach of any Law I have yet known I might as freely as he publickly have declared my Thoughts and the Reasons upon which they were grounded and I perswaded to believe That God had left Nations unto the Liberty of setting up such Governments as best pleased themselves That Magistrates were set up for the good of Nations not Nations for the honour or glory of Magistrates That the Right and Power of Magistrates in every Country was that which the Laws of that Country made it to be That those Laws were to be observed and the Oaths taken by them having the force of a Contract between Magistrate and People could not be Violated without danger of dissolving the whole Fabrick That Usurpation could give no Right and the most dangerous of all Enemies unto Kings were they who raising their Power to an Exorbitant Height allowed unto Usurpers all the Rights belonging unto it That such Usurpations being seldom Compassed without the Slaughter of the Reigning Person or Family the worst of all Villanies was thereby rewarded with the most Glorious Privileges That if such Doctrines were received they would stir up Men to the Destruction of Princes with more Violence than all the Passions that have hitherto raged in the Hearts of the most Unruly That none could be safe if such a Reward were proposed unto any that could destroy them That few would be so gentle as to spare even the Best if by their destruction of a Wild Usurper could become God's Anointed and by the most execrable Wickedness invest himself with that Divine Character This is the Scope of the whole Treatise the Writer gives such Reasons as at present did occur unto him to prove it This seems to agree with the Doctrines of the most Reverenced Authors of all Times Nations and Religions The best and wisest Kings have ever acknowledged it The present King of France hath declared that Kings have that happy want of Power that they can do nothing contrary unto the Laws of their Country and grounds his Quarrel with the King of Spain Anno 1667 upon that Principle King James in his Speech to the Parliament Anno 1603 doth in the highest degree assert it The Scripture seems to declare it If nevertheless the Writer was mistaken he might have been refuted by Law Reason and Scripture and no man for such matters was ever otherwise punished than by being made to see his Errour and it hath not as I think been ever known that they had been referred to the Judgment of a Jury composed of Men utterly unable to comprehend them But there was little of this in my Case the extravagance of my Prosecutors goes higher The above-mentioned Treatise was never finished nor could be in many years and most probably would never have been So much as is of it was written long since never reviewed nor shewn unto any man and the fiftieth part of it was produced and not the tenth of that afford to be read That which was never known unto those who are said to have Conspired with me was said to be intended to stir up the People in Prosecution of the Designs of those Conspirators When nothing of particular Application unto
Administration of Justice Belongeth to the Office of a King But the fullest account of it in few words is in Chancellor Fortescue Chap. XIII which Passage is quoted in Calvin's Case Coke VII Rep. Fol 5. Ad Tutelam namque Legis Subditorum ac eorum Corporum bonorum Rex hujusmodi erectus est ad hanc potestatem a populo effluxam ipse habet quo ei non licet potestate alia suo populo Dominari For such a King That is of every Political Kingdom as this is is made and ordained for the Defence or Guardianship of the Law of his Subjects and of their Bodies and Goods whereunto he receiveth power of his People so that he cannot Govern his People by any other power Corollary 1. A Bargain 's a Bargain 2. A Popish Guardian of Protestant Laws is such an Incongruity and he is as Unfit for that Office as Antichrist is to be Christ's Vicar CHAP. II. Of Prerogatives by Divine Right I. GOvernment is not matter of Revelation if it were then those Nations that wanted Scripture must have been without Government whereas Scripture it self says That Government is The Ordinance of Man and of Humane Extraction And King Charles the First says of this Government in particular That it was Moulded by the Wisdom and Experience of the People Answ to XIX Prop. II. All just Governments are highly Beneficial to Mankind and are of God the Author of all Good they are his Ordinances and Institutions Rom. 13.1 2. III. Plowing and Sowing and the whole business of preparing Bread-Corn is absolutely necessary to the subsistence of Mankind This also cometh forth from the Lord of Hosts who is wonderful in Counsel and excellent in Working Isa 28. from 23. to 29th Verse IV. Wisdom saith Counsel is mine and sound Wisdom I am Vnderstanding I have strength By me Kings Reign and Princes decree Justice By me Princes Rule and Nobles even all the Judges of the Earth Prov. 8.14 V. The Prophet speaking of the Plowman saith His God doth instruct him to discretion and doth teach him Isa 28.26 VI. Scripture neither gives nor takes away Mens Civil Rights but leaves them as it found them and as our Saviour said of himself is no Divider of Inheritances VII Civil Authority is a Civil Right VIII The Law of England gives the King his Title to the Crown For where is it said in Scripture That such a Person or Family by Name shall enjoy it And the same Law of England which has made him King has made him King according to the English Laws and not otherwise IX The King of England has no more Right to set up a French Government than the French King has to be King of England which is none at all X. Render unto Caesar the things which are Caesars neither makes a Caesar nor tells who Caesar is nor what belongs to him but only requires Men to be just in giving him those supposed Rights which the Laws have determined to be his XI The Scripture supposes Property when it forbids Stealing it supposes Mens Lands to be already Butted and Bounded when it forbids removing the antient Land-marks And as it is impossible for any Man to prove what Estate he has by Scripture or to find a Terrier of his Lands there so it is a vain thing to look for Statutes of Prerogative in Scripture XII If Mishpat Hamelech the manner of the King 1 Sam. 8.11 be a Statute of Prerogative and prove all those particulars to be the Right of the King then Mishpat Haccohanim the Priest's custom of Sacrilegeous Rapine Chap. 2.13 proves that to be the Right of the Priests the same wood being used in both places XIII It is the Resolution of all the Judges of England that even the known and undoubted Prerogatives of the Jewish Kings do not belong to our Kings and that it is an absurd and impudent thing to affirm they do Coke 11. Rep. p. 63. Mich. 5. Jac. Give us a King to Judge us 1 Sam. 8.5 6 20. Note upon Sunday the Tenth of November in this same Term the King upon Complaint made to him by Bancroft Archbishop of Canterbury concerning Prohibitions was informed that when Question was made of what matters the Ecclesiastical Judges have Cognizance either upon the Exposition of the Statutes concerning Tythes or any other Thing Ecclesiastical or upon the Statute 1 Eliz. concerning the High Commission or in any other Case in which there is not express Authority by Law the King himself may decide it in his Royal person and that the Judges are but the Delegates of the King and that the King may take what Causes he shall please to determine from the Determination of the Judges and may determine them himself And the Archbishop said That this was clear in Divinity That such Authority belongs to the King by the Word of God in Scripture To which it was answered by me in the presence and with the clear consent of all the Justices of England and Barons of the Exchequer That the King in his own person cannot adjudge any Case either Criminal as Treason Felony c. but this ought to be determined and adjusted in some Court of Justice according to the Law and Custom of England And always Judgments are given Ideo consideratum est per Curiam so that the Court gives the Judgment And it was greatly marvelled That the Archbishop durst inform the King that such absolute power and authority as is aforesaid belonged to the King by the Word of God CHAP. III. Of OBEDIENCE I. NO Man has any more Civil Authority than what the Law of the Land has vested in him Nor is he one of St. Paul's Higher Powers any farther or to any other purposes than the Law has impowr'd him II. An Usurped Illegal and Arbitrary power is so far from being the Ordinance of God that it is not the Ordinance of Man III. Whoever opposes an Usurped Illegal and Arbitrary Power does not oppose the Ordinance of God but the Violation of that Ordinance IV. The 13. of the Romans commands Subjection to our Temporal Governours Verse 4. because their Office and Imployment is for the publick welfare For he is the Minister of God to Thee for Good V. The 13. of the Hebrews commands Obedience to spiritual Rulers Verse 17. Because they watch for your Souls VI. But the 13. of the Hebrews did not oblige the Martyrs and Confessors in Queen Mary's Time to obey such blessed Bishops as Bonner and the Beast of Rome who were the perfect Reverse of St. Paul's Spiritual Rulers and whose practice was murthering of Souls and Bodies according to the true Character of Popery which was given it by the Bishops who compiled the Thanksgiving for the Fifth of November but Archbishop Laud was wiser than they and in his time blotted it out The Prayer formerly run thus To that end strengthen the Hands of our Gracious King the Nobles and Magistrates of the
Land to cut off these workers of Iniquity whose Religion is Rebellion whose Faith is Faction whose practice is murthering of Souls and Bodies and to root them out of the Confines of this Kingdom VII All the Judges of England are bound by their Oath 18 Edw. III. 20 Edw. III. Cap. 1.2 and by the duty of their place to disobey all Writs Letters or Commands which are brought to them either under the little Seal or under the great Seal to hinder or delay common Right Are the Judges all bound in an Oath and by their places to break the 13 of the Romans VIII The Engagement of the Lords attending upon the King at York June 13. 1642. which was subscribed by the Lord Keeper and Thirty Nine Peers besides the Lord chief-Chief-Justice Banks and several others of the Privy-Council was in these words We do engage our selves not to Obey any Orders or Commands whatsoever not warranted by the known Laws of the Land Was this likewise an Association against the 13 of the Romans IX A Constable represents the King's person and in the Execution of his Office is within the purview of the 13 of the Romans as all Men grant but in case he so far pervert his Office as to break the Peace and commit Murther Burglary or Robbery on the Highway he may and ought to be Resisted X. The Law of the Land is the best Expositor of the 13 of the Romans Here and in Poland the Law of the Land There XI The 13 of the Romans is receiv'd for Scripture in Poland and yet this is expressed in the Coronation Oath in that Country Quod si Sacramentum meum violavero Incola Regni nullam nobis Obedientiam praestare tenebuntur And if I shall violate my Oath the Inhabitants of the Realm shall not be bound to yield me any Obedience XII The Law of the Land according to Bracton is the highest of all the Higher Powers mentioned in this Text for it is superior to the King and made him King Lib. 3. Cap. 26. Rex habet superiorum Deum item Legem per quam factus est Rex item Curiam suam viz. Comites Barones and therefore by this Text we ought to be subject to it in the first place And according to Melancthon It is the Ordinance of God to which the Higher Powers themselves ought to be subject Vol. 3. In his Commentary on the Fifth Verse Wherefore ye must needs be subject not only for Wrath but also for Conscience sake He hath these words Neque vero haec tantum pertinent ad Subditos sed etiam ad Magistratum qui cum fiunt Tyranni non minus dissipant Ordinationem Dei quam Seditiosi Ideo ipsorum Conscientia fit rea quia non obediunt Ordinationi Dei id est Legibus quibus debent parere Ideo Comminationes hic positae etiam ad ipsos pertinent Itaque hujus mandati severitas moveat omnes ne violationem Politici status putent esse leve peccatum Neither doth this place concern Subjects only but also the Magistrates themselves who when they turn Tyrants do no less overthrow the Ordinance of God than the Seditious and therefore their Consciences too are guilty for not obeying the Ordinance of God that is the Laws which they ought to obey So that the Threatnings in this place do also belong to them wherefore let the severity of this Command deter all men from thinking the Violation of the Political Constitution to be a light Sin Corollary To destroy the Law and Legal Constitution which is the Ordinance of God by false and arbitrary Expositions of this Text is a greater Sin than to destroy it by any other means For it is Seething the Kid in his Mothers Milk CHAP. IV. Of LAWS I. THere is no Natural Obligation wereby one Man is bound to yield Obedience to another but what is founded in paternal or patriarchal Authority II. All the Subjects of a patriarchal Monarch are Princes of the Blood III. All the people of England are not Princes of the Blood IV. No Man who is Naturally Free can be bound but by his own Act and Deed. V. Publick Laws are made by publick consent and they therefore bind every man because every man's consent is involved in them VI. Nothing but the same Authority and Consent which made the Laws can Repeal Alter or Explain them VII To judge and determine Causes against Law without Law or where the Law is obscure and uncertain is to assume Legislative power VIII Power assumed without a Man's consent cannot bind him as his own Act and Deed. IX The Law of the Land is all of a piece and the same Authority which made one Law made all the rest and intended to have them all Impartially Executed X. Law on One Side is the Back-Sword of Justice XI The Best Things when Corrupted are the Worst and the wild Justice of a State of Nature is much more desirable than Law perverted and over-rul'd into Hemlock and Oppression Copies of Two Papers Written by the Late King CHARLES II. Published by His MAJESTIES Command Printed in the Year 1686. The First Paper THE Discourse we had the other Day I hope satisfied you in the main that Christ can have but one Church here upon Earth and I believe that it is as visible as that the Scripture is in Print That none can be that Church but that which is called the Roman Catholick Church I think you need not trouble your self with entring into that Ocean of particular Disputes when the main and in truth the only Question is Where that Church is which we profess to believe in the two Creeds We declare there to believe one Catholick and Apostolick Church and it is not left to every phantastical man's head to believe as he pleases but to the Church to whom Christ left the power upon Earth to govern us in matters of Faith who made these Creeds for our Directions It were a very Irrational thing to make Laws for a Country and leave it to the Inhabitants to be the Interpreters and Judges of those Laws For then every man will be his own Judge and by consequence no such thing as either right or wrong Can we therefore suppose that God Almighty would leave us at those uncertainties as to give us a Rule to go by and to leave every man to be his own Judge I do ask any ingenuous man whether it be not the same thing to follow our own Fancy or to interpret the Scripture by it I would have any man shew me where the power of deciding matters of Faith is given to every particular man Christ left his power to his Church even to forgive Sins in Heaven and left his Spirit with them which they exercised after his Resurrection First by his Apostles in these Creeds and many years after by the Council at Nice where that Creed was made that is called by that name and by the power which they
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
Community 4. It will be some Acknowledgment to the Prince for what he has done for the Nation And it is worthy Observation that before the Theocracy of the Jews ceased the manner of the Divine Designation of their Judges was by God's giving the People some Deliverance by the hand of the Person to whose Government they ought to submit and this even in that time of extraordinary Revelations Thus Othniel Gideon Jephthah Sampson and others were invested by Heaven with the Supreme Authority And though Joshua had an immediate Command from God to succeed Moses and an Anointing to that purpose by the laying on of Moses's Hands Yet the Foundation of the People's Submission to him was laid in Jordan And I challenge the best Historians to give an Instance since that Theocracy ceased of a Designation of any Person to any Government more visibly Divine than that which we now admire If the Hand of Providence miraculously and timely disposing Natural Things in every Circumstance to the best advantage should have any influence upon Mens Minds most certainly we ought not here to be insensible If the Voice of the People be the Voice of God it never spoke louder If a Nation of various Opinions Interests and Factions from a turbulent and fluctuating State falls into a serene and quiet Calm and Mens Minds are strangely united on a sudden it shews from whence they are influenced In a word if the Hand of God is to be seen in Human Affairs and his Voice to be heard upon Earth we cannot any where since the ceasing of Miracles find a clearer and more remarkable Instance than is to be observ'd in the present Revolution If one examines the Posture of Foreign Affairs making way for the Prince's Expedition by some sudden Events and Occurrences which no Human Wisdom or Power could have brought about if one observes that Divine Influence which has directed all his Counsels and crown'd his Undertakings notwithstanding such innumerable Dangers and Difficulties with constant Honour and Success If one considers how happily and wonderfully both Persons and Things are changed in a little time and without Blood it looks like so many marks of God's Favour by which he thinks fit to point him out to us in this extraordinary Conjuncture I will trouble you but with one Consideration more which is That the two things most necessary in this Affair are Unanimity and Dispatch For without both these your Counsels will have little Effect In most things 't is good to be long in resolving but in some 't is fatal not to conclude immediately And presence of Mind is as great a Vertue as Rashness is a Vice For the turns of Fortune are sometimes so quick that if Advantage be not taken in the critical hour 't is for ever lost But I hope your Lordships and all those Gentlemen who compose this August Assembly will proceed with so much Zeal and Harmony that the Result of your present Consultations may be a lasting and grateful Monument to Posterity of your Integrity Courage and Conduct The Late Honourable Convention proved a Legal Parliament I. THE necessity of a Parliament agreed by the Lords and Commons Voting that the Throne is Vacant for there being a Vacancy there follows an immediate necessity of setling the Government especially the Writs being destroyed and the Great Seal carried away put a period to all publick Justice and then there must be a supply by such means as the necessity requires or a failure of Government II. Consider the Antecedents to the calling the Convention that is about three hundred of the Commons which is a majority of the fullest House that can be made above sixty Lords being a greater number than any part divided amounted to at this great Meeting the Lord Mayor Aldermen and Common Council of the City of London by application to His then Highness the Prince of Orange desired him to accept of the Administration of Publick Affairs Military and Civil which he was pleased to do to the great satisfaction of all good People and after that His Highness was desired to Issue forth his Circular Letters to the Lords and the like to the Coroners and in their absence to the Clerks of the Peace to Elect Knights Citizens and Burgesses this was more than was done in fifty nine for the calling a Parliament in April 1660. for there the Summons was not real but fictitious i. e. in the names of the Keepers of the Liberties of England a meer Notion set up as a Form there being no such Persons but a meer Ens rationis impossible really to exist so that here was much more done than in 1659 and all really done which was possible to be invented as the Affairs then stood Besides King Charles the 2d. had not abdicated the Kingdom but was willing to return and was at Breda whither they might have sent for Writs and in the mean time have kept their form of Keepers of the Liberties c. But in the present case there was no King in being nor any style or form of Government neither real or notional left so that in all these respects more was done before and at the calling of this Great Convention than for calling that Parliament for so I must call it yet that Parliament made several Acts in all thirty seven as appears by Keebles Statutes and several of them not confirmed I shall instance but in one but it is one which there was occasion to use in every County of England I mean the Act for Confirming and Restoring Ministers being the 17th of that Sessions all the Judges allowed of this as an Act of Parliament tho never confirmed which is a stronger case than that in question for there was only fictitious Summons here a real one III. That without the Consent of any Body of the People this at the Request of a Majority of the Lords more than half the number of the Commons duly chosen in King Ch. the 2d. time besides the great Body of the City of London being at least esteem'd a 5th part of the Kingdom yet after the King's Return he was so well satisfied with the calling of that Parliament that it was Enacted by the King Lords and Commons Assembled in Parliament that the Lords and Commons then Sitting at Westmiuster in the present Parliament were the two Houses of Parliament notwithstanding any want of the Kings Writs or Writ of Summons or any defect whatsoever and as if the King had been present at the beginning of the Parliament this I take to be a full Judgment in full Parliament of the case in question and much stronger than the present case is and this Parliament continued till the 29th of December next following and made in all thirty seven Acts as abovementioned The 13 Caroli 2. chap. 7. a full Parliament called by the Kings Writ recites the other of 12 Caroli 2. and that after his Majesties return they were continued till the 29th of December
be miserably diminish'd sooner than we are aware But there remains yet another part of our Message which we have to impart to you on the behalf of your People They find in an antient Statute and it has been done in fact not long ago That if the King through any Evil Counsel or foolish Contumacy or out of Scorn or some singular petulant Will of his own or by any other irregular Means shall alienate himself from his People and shall refuse to be govern'd and guided by the Laws of the Realm and the Statutes and laudable Ordinances thereof together with the wholsom Advice of the Lords and great Men of his Realm but persisting head-strong in his own hare-brain'd Counsels shall petulantly prosecute his own singular humour That then it shall be lawful for them with the common assent and consent of the People of the Realm to depose that same King from his Regal Throne and to set up some other of the Royal Blood in his room H. Knight Coll. 2681. No Man can imagine that the Lords and Commons in Parliament would have sent the King such a Message and have quoted to him an old Statute for deposing Kings that would not govern according to Law if the People of England had then apprehended that an Obedience without reserve was due to the King or if there had not been such a Statute in being And though the Record of that Excellent Law be lost as the Records of almost all our Antient Laws are yet is the Testimony of so credible an Historian who lived when these things were transacted sufficient to inform us that such a Law was then known and in being and consequently that the Terms of English Allegiance according to the Constitution of our Government are different from what some Modern Authors would persuade us they are This Difference betwixt the said King and his Parliament ended amicably betwixt them in the punishment of many Evil Counsellors by whom the King had been influenced to commit many Irregularities in Government But the Discontents of the People grew higher by his After-management of Affairs and ended in the Deposition of that King and setting up of another who was not the next Heir in Lineal Succession The Articles against King Richard the Second may be read at large in H. Knighton Collect. 2746 2747 c. and are yet extant upon Record An Abridgment of them is in Cotton's Records pag. 386 387 388. out of whom I observe these few there being in all Thirty three The First was His wasting and bestowing the Lands of the Crown upon unworthy Persons and overcharging the Commons with Exactions And that whereas certain Lords Spiritual and Temporal were assign'd in Parliament to intend the Government of the Kingdom the King by a Conventicle of his own Accomplices endeavoured to impeach them of High-Treason Another was For that the King by undue means procured divers Justices to speak against the Law to the destruction of the Duke of Glocester and the Earls of Arundel and Warwick at Shrewsbury Another For that the King against his own Promise and Pardon at a solemn Procession apprehended the Duke of Glocester and sent him to Calice there to be choaked and murthered beheading the Earl of Arundel and banishing the Earl of Warwick and the Lord Cobham Another For that the King's Retinue and a Rout gathered by him out of Cheshire committed divers Murders Rapes and other Felonies and refused to pay for their Victuals Another For that the Crown of England being freed from the Pope and all other Foreign Power the King notwithstanding procured the Pope's Excommunication on such as should break the Ordinances of the last Parliament in derogation of the Crown Statutes and Laws of the Realm Another That he made Men Sheriffs who were not named to him by the Great Officers the Justices and others of his Council and who were unfit contrary to the Laws of the Realm and in manifest breach of his Oath Another For that he did not repay to his Subjects the Debts that he had borrowed of them Another For that the King refused to execute the Laws saying That the Laws were in his Mouth and Breast and that himself alone could make and alter the Laws Another For causing Sheriffs to continue in Office above a Year contrary to the tenor of a Statute-Law thereby incurring notorious Perjury Another For that the said King procured Knights of the Shires to be returned to serve his own Will Another For that many Justices for their good Counsel given to the King were with evil Countenance and Threats rewarded Another For that the King passing into Ireland had carried with him without the Consent of the Estates of the Realm the Treasure Reliques and other Jewels of the Realm which were used safely to be kept in the King 's own Coffers from all hazard And for that the said King cancelled and razed sundry Records Another For that the said King appear'd by his Letters to the Pope to Foreign Princes and to his Subjects so variable so dissembling and so unfaithful and inconstant that no Man could trust him that knew him insomuch that he was a Scandal both to himself and the Kingdom Another That the King would commonly say amongst the Nobles that all Subjects Lives Lands and Goods were in his hands without any forfeiture which is altogether contrary to the Laws and Vsages of the Realm Another For that he suffered his Subjects to be condemned by Martial-Law contrary to his Oath and the Laws of the Realm Another For that whereas the Subjects of England are sufficiently bound to the King by their Allegiance yet the said King compell'd them to take new Oaths These Articles with some others not altogether of so general a concern being considered and the King himself confessing his Defects the same seemed sufficient to the whole Estates for the King's Deposition and he was depos'd accordingly The Substance and Drift of all is That our Kings were antiently liable to and might lawfully be deposed for Oppression and Tyranny for Insufficiency to govern c. in and by the great Council of the Nation without any breach of the old Oath of Fealty because to say nothing of the nature of our Constitution express and positive Laws warranted such Proceedings And therefore the Frame of our Government being the same still and the Terms of our Allegiance being the same now that they were then without any new Obligations superinduced by the Oaths of Allegiance and Supremacy a King of England may legally at this day for sufficient cause be deposed by the Lords and Commons assembled in a Great Council of the Kingdom without any breach of the present Oaths of Supremacy or Allegiance Quod erat demonstrandum MANTISSA WHen Stephen was King of England whom the People had chosen rather than submit to Mawd tho the Great Men of the Realm had sworn Fealty to her in her Father's life-time Henry Duke of Anjou Son of the said Mawd afterwards King Henry the Second invaded the Kingdom An. Dom. 1153 which was towards the latter-end of King Stephen's Reign and Theobald Archbishop of Canterbury endeavoured to mediate a Peace betwixt them speaking frequently with the King in private and sending many Messages to the Duke and Henry Bishop of Winchester took pains likewise to make them Friends Factum est autem ut mense Novembris in fine mensis EX PRAECEPTO REGIS ET DUCIS Collect. pag. 1374 1375. convenirent apud Wintoniam Praesules Principes Regni ut ipsi jam initae paci praeberent assensum unanimiter juramenti Sacramento confirmarent i.e. It came to pass that in the Month of November towards the latter end of the Month at the summons of the King and of the Duke the Prelats and Great Men of the Kingdom were assembled at Winchester that they also might assent to the Peace that was concluded and unanimously swear to observe it In that Parliament the Duke was declared King Stephen's adopted Son and Heir of the Kingdom and the King to retain the Government during his Life I observe only upon this Authority That there being a Controversy betwixt the King and the Duke which could no otherwise be determined and settled but in a Parliament the Summons of this Parliament were issued in the Names of both Parties concerned Quisquis habet aures ad audiendum audiat FINIS
Alliances can be made for the advantage of the Protestant Religion and Interest which shall give confidence to your Majesty's Allies to joyn so vigorously with your Majesty as the State of that Interest in the World now requires while they see this Protestant Kingdom in so much danger of a Popish Successor by whom at the present all their Councils and Actions may be eluded as hitherto they have been and by whom if he should succeed they are sure to be destroyed We have thus humbly laid before your Majesty some of those great Dangers and Mischiefs which evidently accompany the expectation of a Popish Successor The certain and unspeakable Evils which will come upon your Majesty's Protestant Subjects and their posterity if such a Prince should inherit are more also than we can well enumerate Our Religion which is now so dangerously shaken will then be totally overthrown Nothing will be left or can be found to protect or defend it The execution of old Laws must cease and it will be vain to expect new ones The most sacred Obligations of Contracts and Promises if any should be given that shall be judged to be against the interest of the Romish Religion will be violated as is undeniable not only from Argument and Experience elsewhere but from the sad experience this Nation once had on the like occasion In the Reign of such a Prince the Pope will be acknowledged Supream though the Subjects of this Kingdom have sworn the contrary and all Causes either as Spiritual or in order to Spiritual Things will be brought under his Jurisdiction The Lives Liberties and Estates of all such Protestants as value their Souls and their Religion more than their secular Concernments will be adjudged forfeited To all this we might add That it appears in the discovery of the Plot that Forreign Princes were invited to assist in securing the Crown to the Duke of York with Arguments from his great Zeal to establish Popery and to extirpate Protestants whom they call Hereticks out of his Dominions and such will expect performance accordingly We further humbly beseech Your Majesty in Your great Wisdom to consider Whether in case the Imperial Crown of this Protestant Kingdom should descend to the Duke of York the opposition which may possibly be made to his possessing it may not only endanger the farther descent in the Royal Line but even Monarchy it self For these Reasons we are most humble Petitioners to your most Sacred Majesty That in tender commiseration of your poor Protestant people Your Majesty will be gratiously pleased to depart from the Reservation in Your said Speech and when a Bill shall be tendred to your Majesty in a Parliamentary way to disable the Duke of York from inheriting the Crown Your Majesty will give your Royal Assent thereto and as necessary to fortify and defend the same that your Majesty will likewise be gratiously pleased to Assent to an Act whereby your Majesty's Protestant Subjects may be enabled to Associate themselves for the defence of your Majesty's Person the Protestant Religion and the Security of your Kingdoms These Requests we are constrained Humbly to make to your Majesty as of absolute Necessity for the safe and peaceable Enjoyment of our Religion Without these things the Alliances of England will not be valuable nor the People encouraged to contribute to your Majesties Service As some farther means for the Preservation both of our Religion and Propriety We are Humble Suiters to your Majesty that from henceforth such Persons onely may be Judges within the Kingdom of England and Dominion of Wales as are Men of Ability Integrity and known Affection to the Protestant Religion And that they may hold both their Offices and Sallaries Quam diu se bene gesserint That several Deputy-Lieutenants and Justices of the Peace fitly qualified for those Imployments having been of late displaced and others put in their room who are Men of Arbitrary Principles and Countenancers of Papists and Popery such only may bear the Office of a Lord-Lieutenant as are Persons of integrity and known Affection to the Protestant Religion That Deputy-Lieutenants and Justices of the Peace may be also so qualified and may be moreover Men of Ability of Estates and interest in their Countrey That none may be Imployed as Military Officers or Officers in your Majesties Fleet but Men of known Experience Courage and Affection to the Protestant Religion These our Humble Requests being obtained we shall on our part be ready to Assist your Majesty for the Preservation of Tangier and for putting your Majesties Fleet into such a Condition as it may preserve your Majesties Soveraignty of the Seas and be for the Defence of the Nation If your Majesty hath or shall make any necessary Allyances for defence of the Protestant Religion and Interest and Security of this Kingdom this House will be ready to Assist and stand by your Majesty in the support of the same After this our humble Answer to your Majesties Gracious Speech we Hope no evil Instruments whatsoever shall be able to lessen your Majesties Esteem of that Fidelity and Affection we bear to your Majesties Service but that your Majesty will always retain in your Royal Breast that Favourable Opinion of us your Loyal Commons that those other Good Bills which we have now under Consideration Conducing to the Great Ends we have before mentioned as also all Laws for the Benefit and Comfort of your People which shall from time to time be tendred for your Majesties Royal Assent shall find acceptance with your Majesty The Report of the Committee of the Commons appointed to Examine the Proceedings of the Judges c. THis Committee being Inform'd that in Trinity-Term last the Court of Kings-Bench discharg'd the Grand Jury that serv'd for the Hundred of Ossulston in the County of Middlesex in a very unusual manner proceeded to enquire into the same and found by the Information of Charles Umfrevil Esq Foreman of the said Jury Edward Proby Henry Gerard and John Smith Centlemen also of the said Jury That on the 21st of June last the Constables attending the said Jury were found Defective in not presenting the Papists as they ought and thereupon were ordered by the said Jury to make further Presentments of them on the 26. following on which Day the Jury met for that purpose when several Peers of this Realm and other Persons of Honour and Quality brought them a Bill against James Duke of York for not coming to Church But some exceptions being taken to that Bill in that it did not set forth the said Duke to be a Papist some of the Jury Attended the said persons of Quality to receive satisfaction therein In the mean time and about an Hour after they had received the said Bill some of the Jury attended the Court of Kings-Bench with a Petition which they desired the Court to present in their Name unto His Majesty for the Sitting of this Parliament Upon which the Lord