upon the King and the Government For the writing an answer is no allowance but a condemning Nor can the Council allow any more than they can remit And tho it may justly be denied that the Council heard even the Earls own Explanation yet the hearing or allowing him to sit is no Relevant Plea because they might very justly have taken a time to consider how far it was fit to accuse upon that Head And it is both just and fit for the Council to take time and by express Act of Parliament the negligence of the King Officers does not bind them For if this were allowed Leading men in the Council might commit what Crimes they pleased in the Council which certainly the King may quarrel many years after And tho all the Council had allowed him that day any one Officer of State might have quarrelled it the next day As to the Opinion of Bellarmine Sanderson and others it is ever contended that the principles of the Covenant agree very well with those of the Jesuites and both do still allow Equivocations and Evasions But no solid Orthodox Divine ever allowed That a man who was to swear without any Evasion should swear so as he is bound to nothing as it is contended the Earl is not for the Reasons represented And as they still recommend That when men are not clear they might abstain as the Earl might have done in this case so they still conclude That men should tell in clear terms what the sense is by which they are to be bound to the State Whereas the Earl here tells only in the general and in most ambigious terms That he takes it as far as he can obey and as far as it is consistent with the Protestant Religion and that he takes it in his own sense and that he is not bound by it from making alterations but as far as he thinks it for the advantage of Church or State which sense is a thousand times more doubtful than the Test and is in effect nothing but what the taker pleases himself As to the Treason founded on His Majesties Advocate founds it first upon the Fundamental and Common Laws of this and all Nations whereby it is Treason for any man to make any alteration he shall think for the advantage of Church or State which he hopes is a principle cannot be denied in the general And whereas it is pretended That this cannot be understood of mean alterations and of alterations to be made in a lawful way It is answered That as the thing it self is Treason so this Treason is not taken off by any of these qualifications because he declares he will wish and endeavour any alteration he thinks fit and any alteration comprehends all alterations that he thinks fit Nam propositio indefinita aequipollet universali And the word any is general in its own nature and is in plain terms a reserving to himself to make alterations both great and small And the restriction is not all alterations that the King shall think fit or are consistent with the Laws and Acts of Parliament but he is still to be Judge of this and his Loyalty is to be the Standard Nor did the Covenanters in the last Age nor do these who are daily executed decline that they are bound to obey the King simply but only that they are bound to obey him no otherwise than as far as his Commands are consistent with the Law of God of Nature and of this Kingdom and with the Covenant And their Treason lies in this And when it is asked them Who shall be judge in this they still make themselves Judges And the reason of all Treason being that the Government is not secure it is desired to be known what way the Government can be secured after this paper since the Earl is still Judge how far he is obliged and what is his Loyalty And if this had been sufficient the Covenant had been a very excellent paper for they are there bound to endeavour in their several stations to defend the Kings person but when the King challenged them how they came to make War against him their great Refuge was That they were themselves still Judges as to that And for illustrating this power the Lords of Justitiary are desired to consider Quid Juris if the Earl or any man else should have reserved to himself in this Oath a liberty to rise in Arms or to oppose the lineal Succession tho he had added In a lawful manner for the thing being in it self unlawful this is but sham and Protestatio contraria facto And if these be unlawful notwithstanding of such additions so much more must this general reservation of making any alterations likewise be unlawful notwithstanding of these additions For he that reserves the general power of making any alteration does a fortiori reserve power to make any alteration tho never so fundamental For all particulars are included in the General and whatever may be said against the particulars may much more strongly be said against the general 2. The 130. Act Par. 8. James VI is expressly founded on because nothing can be a greater diminution of the power of the Parliament than to introduce a way or means whereby all their Acts and Oaths shall be made insignificant and ineffectual as this paper does make them for the Reasons represented Nor are any of the Estates of Parliament secure at this rate but that they who reserved a general power to make all alterations may under that â—eneral come to alter any of them 3. What can be a greater impugning of the Dignity and Authority of Parliaments than to say That the Parliament has made Acts for the security of the Kingdom which are in themselves ridiculous inconsistent with themselves and the Protestant Religion And as to what is answered against invading the Kings Prerogative and the Legislative power in Parliaments in adding a part to an Oath or Act is not relevantly inferred since the sense of these words And this I understand as a part of my Oath is not to be understood as if any thing were to be added to the Law but â—â—ly to the Oath and to be an interpretation of the Oath It is replied That after this no man needs to add a Caution to the Oath in Parliament But when he comes to take the Oath do the Parliament what they please he will add his own part Nor can this part be looked upon as a sense for if this were the sense before this paper he needed not understand it as a part of it for it wanted not that part And in general as every man may add his own part so the King can be secure of no part But your Lordships of Justitiary are desired to consider how dangerous it would be in this Kingdom and how ill it would sound in any other Kingdom That men should be allowed to reserve to themselves liberty to make any alteration they thought fit in Church or
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
that upon pretended Occasions arising from the Abuse of this Indulgence or for some alledged Crimes wherein they and all other Protestants are to be involved tho their supineness and excess of Loyalty continue to be their greatest Offences this Liberty will not only be withdrawn and the old Church of England Severities revived but some of the new à là mode à France Treatments come upon the Stage and be pursued against them and all other perverse and obstinate British Hereticks The Declaration for Liberty of Conscience being injurious to the Church of England and not proceeding from any inward and real good Will to the Dissenters it will be worth our pains to inquire into and make a more ample Deduction of the Reasons upon which it was granted that the Grounds of emitting it being laid under every Man's view they who have Addressed may come to be asham'd of their Simplicity and Folly they who have not may be farther confirm'd both of the Unlawfulness and Inconveniency of doing it and that all who preserve any regard to the Protestant Religion and the Laws of England may be quickened to the use of all legal and due means for preventing the mischievous Effects which it is shapen for and which the Papists do promise themselves from it The Motives upon which His Majesty published the Declaration may be reduced to three of which as I have already made some mention so I shall now place every one of them in its several and proper light and give such Proofs and Evidence of their being the great and sole Inducements for the Emitting of it that no rational Man shall be able henceforth to make a doubt of it The first is the King's winding himself into a Supremacy and Absoluteness over the Law and the getting it acknowledged and calmly submitted unto and acquiesced in by the Subjects The Monarchies being Legal and not Despotical bounded and regulated by Laws and not to be exercised according to mere Will and Pleasure was that which he could not digest the thoughts of when a Subject and had been heard to say That he had rather Reign a day in that Absoluteness that the French King doth than an Age tied up and restrained by Rules as his Brother did And therefore to perswade the Prince of Orange to approve what he had done in dispensing with the Laws and to obtain him and the Princess to joyn with His Majesty and to employ their Interest in the Kingdom for the Repealing the Test Acts and the many other Statutes made against Roman Catholicks he used this Argument in a Message he sent to their Royal Highnesses upon that Errand that the getting it done would be greatly to the Advantage and for the increase of the Prerogative but this these two noble Princes of whose Ascent to the Throne all Protestants have so near and comfortable a Prospect were too Generous as well as Wise to be wheedled with as knowing that the Authority of the Kings and Queens of England is great enough by the Rules of the Constitution without grasping at a new Prerogative Power which as the Laws have not vested in them so it would be of no use but to inable them to do hurt And indeed it is more necessary both for the Honor and Safety of the Monarch and for the Freedom and Security of the People that the Prerogative should be confined within its ancient and legal Channels than be left to that illimited and unbounded Latitude which the late King and his present Majesty have endeavored to advance and screw it up unto That both the Declaration for Liberty of Conscience in England and the Proclamation for a Toleration in Scotland are calculated for raising the Sovereign Authority to a transcendent Power over the Laws of the two Kingdoms may be demonstrated from the Papers themselves which lay the Dispensing Power before us in terms that import no less than his Majesty's standing Free and absolved from all Ties and Restraints and his being cloathed with a Right of doing whatsoever he will For if the Stile of Royal Pleasure to suspend the Execution of such and such Laws and to forbid such and such Oaths to be required to be taken and this in the virtue of no Authority declared by the Laws to be resident in his Majesty but in the virtue of a certain vagrant and indeterminate thing called Royal Prerogative as the Power exercised in the English Declaration is worded and expressed be not enough to enlighten us sufficiently in the matter before us the Stile of Absolute Power which all the Subjects are to obey without reserve whereby the King is pleased to chalk before us the Authority exerted in the Scots Proclamation for the stopping disabling and dispensing with such and such Laws as are there referred unto and for the granting the Toleration with the other Liberties Immunities and Rights there mentioned is more than sufficient to set the Point we are discoursing beyond all possibility of rational controll As 't is one and the same Kind of Authority that is claimed over the Laws and Subjects of both Kingdoms tho for some certain reasons it be more modestly designed and expressed in the Declaration for a Liberty in England that it is in the Proclamation for a Toleration in Scotland so the utmost that the Czar of Mosco the great Mogul or the Turkish Sultan ever challenged over their respective Dominions amounts only to an Absolute Power which the King both owns the Exertion of and makes it the Fountain of all the Royal Acts exercised in the forementioned Papers And as the improving this challenged Absolute Power into an Obligation upon the Subjects to obey his Majesty without reserve is a Paraphrase upon Despotical Dominion and an advancing it to a Pitch above what any of the Ancient or Modern Tyrants ever dream'd of and beyond what the most servile part of Mankind was ever acquainted with till the present French King gave an Instance of it in making his mere Will and pleasure to be the Ground and Argument upon which his Reformed Subjects were to renounce their Religion and to turn Roman Catholicks so it is worth considering whether His Majesty who glories to imitate that Foreign Monarch may not in a little time make the like Application of this Absolute Power which his Subjects are bound to obey without reserve and whether in that case they who have Addressed to thank him for his Declaration and thereby justified the Claim of this Absolute Power being that upon which the Declaration is superstructed and from which it emergeth can avoid paying the Obedience that is demanded as a Duty in the Subject inseparably annexed thereunto That which more confirms us that the English Declaration and the Scots Proclamation are not only designed for the obtaining from the Subjects an Acknowledgment of an Absolute Power vested in the King but that no less than the Usurpation and Exercise of such a Power can warrant and support them are
about him who thrust the last King out of the Throne to make room for his present Majesty much scruple to put a Protestant Successor by it if they can find another Papist as Bigotted as this to advance unto it However were they on the Throne to morrow here is both a Foreign Jurisdiction brought in and set up to Rival and control theirs and they are deprived of all means of being secured of the Loyalty and Fealty of a great number of their Subjects Nor will His Majesty's certain Knowledge and long Experience whereof he boasts in the Scots Proclamation that the Catholicks as it is their Principle to be good Christians so it is to be dutiful Subjects be enough for their Royal Highnesses to rely upon their Religion obliging them to the contrary towards Princes whom the Church of Rome hath adjudged to be Hereticks A second Instance wherein this pretended Royal Prerogative is exercised Paramount to all Laws and which nothing but a claim of Absolute Power in his Majesty can support and an Acknowledgment of it by the Subjects make them approve the Declaration for Liberty of Conscience and the Proclamation for Toleration is the stopping disabling and suspending the Statutes whereby the Tests were enacted and thereby letting the Papists in to all Benefices Offices and Places of Trust whether Civil Military or Ecclesiastick I do not speak of Suspending the Execution of those Laws whereby the being Priests or taking Orders in the Church of Rome or the being reconciled to that Church or the Papists meeting to celebrate Mass were in one degree or another made Punishable tho the King 's dispensing with them by a challenged Claim in the Crown be altogether Illegal for as divers of these Laws were never approved by many Protestants so nothing would have justified the making of them but the many Treasons and Conspiracies that they were from time to time found guilty of against the State And as the Papists of all Men have the least cause to complain of the Injustice Rigor and Severity of them considering the many Laws more Cruel and Sanguinary that are in Force in most Popish Countries against Protestants and these enacted and executed merely for their Opinions and Practices in the Matters of God without their being chargeable with Crimes and Offences against the Civil Government under which they live so were it necessary from Principles of Religion and Policy to relieve the Roman Catholicks from the forementioned Laws yet it ought not to be done but by the Legislative Authority of the Kingdoms and for the King to assume a Power of doing it in the vertue of a pretended Prerogative is both a high Usurpation over the Laws and a Violation of his Coronation Oath Nor is it any Commendation either of the Humanity of the Papists or of the Meekness and Truth of their Religion that while they elsewhere treat those who differ from them in Faith and Worship with that Barbarity they should so clamorously inveigh against the Severities which in some Reformed States they are liable unto and which their Treasons gave the Rise and Provocation unto at first and have been at all times the Motives to the Infliction of But they alone would have the Allowance to be Cruel wherein they act consonantly to their own Tenets and I wish that some Provision might be made for the future for the Security of our Religion and our Safety in the Profession of it without the doing any thing that may unbecome the Merciful Principles of Christianity or be unsuitable to the meek and generous Temper of the English Nation and that the Property of being Sanguinary may be left to the Church of Rome as its peculiar Priviledge and Glory and as a more distinguishing Character than all the other Marks which she pretends unto That which I am speaking of is the Suspending the Execution of those Laws by which the Government was secured of the Fidelity of its Subjects and by which they in whom it could not confide were merely shut out from Places of Power and Trust and were made liable to very small Damages themselves and only hindered from getting into a Condition of doing Mischief to us All Governments have a Right to use means for their own Preservation provided they be not such as are inconsistent with the Ends of Government and repugnant to the Will and Pleasure of the Supreme Sovereign of Mankind and it is in the Power of every Legislative Assembly to declare who of the Community shall be capable or incapable of publick Imploys and of possessing Offices upon which the Peace Welfare and Security of the whole Politick Body does depend Without this no Government could subsist nor the People be in Safety under it but the Constitution would be in constant danger of being Subverted and the Privileges Liberties and Religion of the Subjects laid open to be overthrown And should such a Power in Legislators be upon weak Suspitions and ill grounded Jealousies carried at any time too far and some prove to be debarred from Trusts whose being imployed would import no Hazard yet the worst of that would be only a disrespect shewn to individual Persons who might deserve more Favor and Esteem but could be of no Prejudice to the Society there being always a sufficient number of others fit for the discharge of all Offices in whom an entire Confidence may be reposed And 't is remarkable that the States General of the United Provinces who afford the greatest Liberty to all Religions that any known State in Europe giveth yet they suffer no Papists to come into Places of Authority and Judicature nor to bear any Office in the Republick that may either put them into a Condition or lay them under a Temptation of attempting any thing to the Prejudice of Religion or for the betraying the Liberty of the Provinces And as 't is Lawful for any Government to preclude all such Persons from publick Trusts of whose Enemity and ill Will to the Establishment in Church or State they have either a moral Certainty or just Grounds of Suspition so 't is no less lawful to provide Tests for their Discovery and Detection that they may not be able to mask and vizor themselves in order to getting into Offices and thereupon of promoting and accomplishing their mischievous and malicious Intentions Nor is it possible in such a case but that the Tests they are to be tried by must relate to some of those Principles by which they are most eminently distinguished from them of the National Settlement and in reference whereunto they think it most piacular to dissemble their Opinion Nor have the Papists cause to be offended that the Renouncing the Belief of Transubstantiation should be required as the distinguishing Mark whereby upon their refusal they may be discerned when all the Penalty upon their being known is only to be excluded from a Share in the Legislation and not to be admitted to Employments of Trust and Profit
Exercise of his Absolute Power against all deadly Nor is it difficult to assign the reason of the Deformity that appears in his Majesty's present Actings towards his Dissenting Protestant Subjects in those two Kingdoms For should there be no Restriction upon the Toleration in Scotland to hinder the greatest part of the Presbyterians from taking the Advantage of it the Bishops and Conforming Clergy would be immediately forsaken by the generality if not all the People and so an issue would not only be put to the Division among Protestants in that Kingdom but they would become an united and thereupon a formidable Body against Popery which it is not for the Interest of the Roman Catholicks to suffer or give way unto Whereas the more unbounded the Liberty is that is granted to Dissenters in England the more are our Divisions not only kept up but increased and promoted especially through this Freedom's arriving with them in an illegal way without both the Authority of the Legislative Power and the Approbation of a great part of the People it being infallibly certain that there is a vast number of all Ranks and Conditions who do prefer the abiding in the Communion of the Church of England before the joyning in Fellowship with those of the Separate and Dissenting Societies Upon the whole this different Method of proceeding towards Dissenting Protestants in Matters mere Religious shews that all this Indulgence and Toleration is a Trick to serve a present juncture of Affairs and to advance a Popish and Arbitrary Design and that the Dissenters have no Security for the continuance of their Liberty but that when the Court and Jesuitick end is compassed and obtained there is another course to be steered towards them and instead of their hearing any longer of Liberty and Toleration they are to be told that it is the Interest of the Government and the Safety and Honor of his Majesty to have but one Religion in his Dominions and that all must be Members of the Catholick Church and this because the King will have it so which is the Argument that hath been made use of in the making so many Converts in France They who now suffer themselves to be deluded into a Confidence in the Royal Word will not only come to understand what Mr. Coleman meant in his telling Pere de la Chaise that the Catholicks in England had a great work upon their hand being about the Extirpation of that Heresie which hath borne sway so long in this Northern part of the World but they will also see and feel how much of the Designs of Rome was represented in that passage of the Pope's Nuncio's Letter dated at Brussels Aug. 9. 1674. wherein upon the Confidence which they placed in the Duke of York which is not lessened since he came to the Crown he takes the confidence to write That they hoped speedily to see the total and final Ruin of the Protestant Party And as Protestant Dissenters have no Security by the Declaration and Proclamation for the continuance of their Liberty so they that have by way of Thanksgiving Addressed to the King for those Royal Papers have not only acted very ill in reference both to the Laws and Rights of the Kingdoms and of Religion in general but they have carried very unwisely in relation to their own Interest and the avoiding the Effects of that Resentment which most Men are justly possessed with upon the illegal Emission of these Arbitrary and Prerogative Papers I shall not enter upon any long Discourse concerning this new Practice of Addressing in general it having been done elsewhere some years ago but I shall only briefly intimate that it was never in fashion unless either under a weak and precarious Government or under one that took illegal Courses and pursued a different Interest from that of the People and Community As he who Ruleth according to the standing Laws of a Country over which he is set needs not seek for an Approbation of his Actions from a part of his Subjects the Legality of his Proceedings being the best Justification of him that Governs and giving the truest Satisfaction to them that are Ruled so he who enjoys the love of all his People needs not look for Promises of being assisted stood by and defended by any one Party or Faction among them there being none from whom he can have the least Apprehension of Opposition and Danger It was the want of a legal Title in Oliver Cromwel and his Son Richard to the Government that first begot this Device of Addressing and brought it upon the Stage in these British Nations and it was the Arbitrary Procedures of the late King as it is of his present Majesty and their acting upon a distinct Bottom from that of the Three Kingdoms that hath revived and does continue it Nor is there any thing that hath rendered those two Princes more contemptible abroad and proclaimed them Weaker at home than their recurring unto and solliciting the Flatteries and Aid of the Mercenary Timorous Servile and for low and personal Ends byass'd part of their Subjects and thereby telling the World that neither the Generality nor the most Honorable of their People have been united in their Interest nor Approvers of the Counsels that have been taken and pursued And if any thing did ever cast a Dishonor upon the English Nation it hath been that loathsome Flattery and slavish Sycophancy wherewith the Addressers both now and for some years past have stuffed their Applications to the two Royal Brothers The Throne that is sustained and upheld by the Pillars of Law and Justice needs not to hew out unto its self other Supporters nor lean upon the crooked and weak Stilts of the insignificant and for the most part deceitful as well as brib'd Vows of a sort of Men who will be as ready upon the least disgust to cry Crucifie to morrow as they were for being gratified may be in their Lusts Humors and Revenges and at the best in some separate Concern to cry Hosanna to day I shall decline prosecuting what concerns the Honor or Dishonor of him to whom the Addresses are made or how Politick or Impolitick the Countenancing and Encouraging them is and shall apply my self to this new Sett of Addressers and endeavor to shew how Foolish as well as Criminally they have acted Nor is it an Argument either of their Prudence or Honesty or of their acting with any Consistency to themselves that having so severely inveighed against the Addresses that were in fashion a few years ago and having fastened all the Imputations and Reproaches upon those that were Accessary to them which that Rank of Addressers could be supposed to have deserved they now espouse the Practice which they had condemned and in reference to as Arbitrary and unjustifiable an Act of His present Majesty as the most illegal one the late King was guilty of or the worst Exercise or Prerogative for which any heretofore either
inferiour Condition being but an Off-spring of this Root be interpreted or brought in Plea against this primary and radical Constitution without Guilt of the highest Treason and destructive Enmity to the Publick-weal and Polity because by the very Constitution of this Kingdom all Laws or interpretation of Laws tending to Confusion or Dissolution are ipso facto void In this case we may allude and say That the Covenant which was 400 Years before the Law an after-Act cannot disanul it Ob. It may be objected That this Discourse seems to make our Government to be founded in Equity not in Law or upon that common rule of Salus Populi which is alike common to all Nations as well as any And so what Difference Ans The Fundamental Laws of England are nothing but the Common Laws of Equity and Nature reduced into a particular way of Policy which Policy is the ground of our Title to them and interest in them For though it is true that Nature hath invested all Nations in an equal right to the Laws of Nature and Equity by a common Bounty without respect of Persons yet the several Models of external Government and Policy renders them more or less capable of this their common Right For though they have an equal Right in Nature to all the Laws of Nature and Equity yet having fundamentally subjected themselves by their Politick Constitutions unto a Regal Servitude by Barbarism or the like they have thereby much disabled and disvested themselves of that common Benefit But on the contrary where the outward Constitution or Polity of a Republick is purposely framed for the consirming and better conserving this common Right of Nature and Equity as in ours there is not only a common Right but also a particular and lawful Power joyned with this Right for its Maintenance and Supportation For whereas other People are without all supreme Power either of making Laws or raising Monies both these Bodies of Supremacy being in the arbitrary hands only of the Sovereign Magistrate amongst many Nations these with us are in the hands of the supreme Government not Governour or Court of Judicature to wit the King and Parliament here the People like Free-men give Money to the King he doth not take it and offers Laws to be enacted doth not receive them so Now in such a constituted Kingdom where the very Constitution its self is the fundamental Law of its own Preservation as is this mixt Regiment of ours consisting of King and Parliament as Head and Body comprehending Monarchy Aristocracy and Democracy there the fundamental Laws are like fundamental Truths in these two Properties First they are comprehended in a very little room to wit Honour and Safety and Secondly they have their influence into all other inferiour Laws which are to be subjected to them and correspondent with them as lawful Children and natural Branches Ob. But in Process of time there are many written Laws which seem at least to contradict this fundamental Constitution and are not they binding notwithstanding it Ans The Constitution of this Kingdom which gave its being and which is the radical and fundamental Law thereof ought therefore to command in chief for that it never yields up its Authority to those inferiour Laws which have their being from it nor ought they which spring from it tend to the Destruction of it but on the contrary it is to derive its radical Virtue and Influence into all succeeding Laws and they like Branches are to make the root flourish from whence they spring with exhibiting the lively and fructifying Virtue thereof according to the Nature and Seasons of succeeding times things incident in after-ages not being able to be foreseen and particularly provided for at the beginning saving in the fundamental Law of Salus Populi politickly established nor can any Laws growing out of that root bear any other Fruit then such as the nature thereof dictates for for a particular branch to ruine the whole Foundation by a seeming sense contrary to it or differing from it is very absurd for then how can it be said Thou bearest not the root but the root thee Laws must always relish of and drink in the Constitution or Polity where they are made and therefore with us the Laws wherein the King is nominated and so seems to put an absolute Authority into his hands must never so be construed for that were with a breath to blow down all the Building at once but the King is there comprehended and meant under a two-sold Notion First as trusted being the Head with that Power the Law confer'd upon him for a Legal and not an Absolute Purpose tending to an honourable Preservation not an unnatural Dissolution Secondly as meaning him juridically not abstractly or personally for so only the Law takes notice of the King as a juridical Person for till the Legislative Power be absolutely in the King so that Laws come down from him to his People and go not up from them to him they must never be so interpreted for as they have a juridical being and beginning to wit in Parliament so must they have a suitable Execution and Administration to wit by the Courts and legal Ministers under the Kings Authority which according to the Constitution of this Kingdom he can no more suspend for the good of his People than the Courts can theirs or if he do to the publick hazard then have the Courts this Advantage that for publick Preservation they may and must provide upon that Principle The King can do no Wrong neither in witholding Justice nor Protection from his People So that then Salus Populi being so principally respected and provided for according to the nature of our Constitution and Polity and so being Lex legum or the Rule of all Laws branching thence then if any Law do by Variation of Times Violence of Tyranny or Misprision of Interpreters vary there-from it is a Bastard and not a Son and is by the lawful Parents either to be reduced or cast out as gendring unto Bondage and ruine of the Inheritance by attempting to erect an absolute and arbitrary Government Nor can this equitable Exposition of particular Statutes taken from the Scope of the politick Constitution be denyed without overthrow of just and legal Monarchy which ever tends to publick Good and Preservation and the setting up of an unjust and illegal Tyranny ruling if not without Law yet by abused Laws turning them as conquered Ordnance upon the People The very Scripture it self must borrow from its Scope and Principles for Explanation of particular Places else it will be abused and as it is through that Default unto Heresies See we not how falsly Satan quoted true Scripture to Christ when he tempted him only by urging the Letter without the Equity or true Intention and Meaning We are to know and do things Verum vere justum juste else we neither judge with righteous Judgment nor obey with just Obedience Ob. But is not the
consult their own good but he comes only at the time of Enacting bringing his Royal Authority with him as it were to set the Seal thereof to the Indenture already prepared by the People for the King is Head of the Parliament in regard of his Authority not in regard of his Reason or Judgment as if it were to be opposed to the Reason or Judgment of both Houses which is the Reason both of King and Kingdom and therefore do they as consult so also interpret Laws without him supposing him to be a Person replenished with Honour and Royal Authority not skilled in Laws nor to receive Information either of Law or Councel in Parliamentary Affairs from any saving from that supreme Court and highest Councel of the King and Kingdom which admits no counterpoise being intrusted both as the wisest Counsel and justest Judicature Fourthly either the choise of the People in Parliament is to be the Ground and Rule of the Kings Assent or nothing but his Pleasure and so all Bills tho' never so necessary for publick Good and Preservation and after never so much pains and consultation of both Houses may be rejected and so they made meer Cyphers and we brought to that pass as neither to have no Laws or such only as come immediately from the King who oft is a man of Pleasure and little seen in publick Affairs to be able to judge and so the Kingdoms great Councel must be subordinated either to his meer Will and then what Difference between a free Monarchy and an absolute saving that the one rules without Councel and the other against it or at the best but to a Cabinet Councel consisting commonly of Men of private Interests but certainly of no publick Trust Ob. But if the King must consent to such Laws as the Parliament shall chuse eo nomine they may then propound unreasonable things to him as to consent to his own Deposing or to the lessening his own Revenue c. Ans So that the issue is whether it be fitter to trust the Wisdom and Integrity of our Parliament or the Will and Pleasure of the King in this case of so great and publick Concernment In a word the King being made the Fountain of Justice and Protection to his People by the fundamental Laws or Constitution of this Kingdom he is therefore to give life to such Acts and Things as tend thereunto which Acts depend not upon his Pleasure but though they are to receive their greater Vigour from him yet are they not to be suspended at pleasure by him for that which at first was intended by the Kingdom for an honourable way of Subsistence and Administration must not be wrested contrrry to the nature of this Polity which is a free and mist Monarchy and not absolute to its Destruction and Confusion so that in case the King in his Person should decline his Duty the King in his Courts is bound to perform it where his Authority properly resides for if he refuse that Honour which the Republick by its fundamental Constitution hath conferred upon him and will not put forth the Acts of it for the end it was given him viz. for the Justice and Safety of his People this hinders not but that they who have as fundamentally reserved a Power of being and well-being in their own hands by the Concurrence of Parliamentary Authority to the Royal Dignity may thereby provide for their own Subsistence wherein is acted the Kings juridical Authority though his personal pleasure be withheld for his legal and juridical Power is included and supposed in the very being and consequently in the Acts of Courts of Justice whose being he may as well suspend as their Power of Acting for that without this is but a Cypher and therefore neither their being nor their acting so depend upon him as not to be able to act and execute common Justice and Protection without him in case he deny to act with them and yet both so depend upon him as that he is bound both in Duty and Honour by the Constitution of this Polity to act in them and they for him so that according to that Axiom in Law The King can do no wrong because his juridical Power and Authority is always to controle his personal Miscarriages London's Flames Revivd OR AN ACCOUNT OF SEVERAL INFORMATIONS Exhibited to a Committee appointed by PARLIAMENT September the 25th 1666. To Enquire into the BURNING of LONDON WITH Several other Informations concerning other Fires in Southwark Fetter-Lane and elsewhere UPon the Second of September 1666. the Fire began in London at one Farriner 's House a Baker in Pudding-Lane between the Hours of One and Two in the Morning and continued burning until the Sixth of September following consuming as by the Surveyors appears in Print Three hundred seventy three Acres within the Walls of the City of London and Sixty three Acres and Three Roods without the Walls There remains Seventy five Acres and Three Roods yet standing within the Walls unburnt Eighty nine Parish Churches besides Chappels burnt Eleven Parishes within the Walls yet standing Houses burnt Thirteen thousand and two hundred Per Jonas Moore Ralph Gatrix Surveyors UPon the 18th Day of September 1666. the Parliament came together And upon the 25th of the same Month the House of Commons appointed a Committee to enquire into the Causes of the late Fire before whom the following Informations were given in and proved before the Committee as by their Report will more clearly appear bearing date the 22th of January 1666. and upon the 8th of February following the Parliament was Prorogued before they came to give their Judgment thereupon Die Martis 25 Septembris 1666. 18 Car. 2. Resolved c. THat a Committee be appointed to enquire into the Causes of the late Fire and that it be referred to Sir Charles Harbord Mr. Sandys Col. Birch Sir Robert Brook Sir Thomas Littleton Mr. Prin Mr. Jones Sir Solomon Swale Sir Thomas Tomlins Mr. Seymour Mr. Finch Lord Herbert Sir John Heath Mr. Milward Sir Richard Ford Mr. Robert Milward Sir William Lowther Sir Richard Vatley Sir Rowland Beckley Sir Thomas Allen Mr. Whorwood Mr. Coventry Serj. Maynard Sir John Talbot Mr. Morley Mr. Garraway Sir Francis Goodrick Col. Strangeways Sir Edward Massey Sir Edmond Walpool Sir Robert Atkins Sir Thomas Gower Mr. Trevor Sir Thomas Clifford Sir Henry Caesar Sir John Monson Sir John Charleton Lord Ancram Mr. Pepis Sir Richard Everard Mr. Crouch Mr. Merrel Sir William Hickman Sir Richard Brown Mr. Maynard And they are to meet to Morrow at Two of the Clock in the After-noon in the Speaker's Chamber and to send for Persons Papers and Records William Goldsbrough Cler. Dom. Com. October 9. 1666. Ordered that these Members following be added to the Committee appointed to Enquire into the Causes of the late Fire viz. Sir John Pelham Mr. Hugh Buscowen Mr. Giles Hungerford Sir William Lewis Sir Gilbert Gerrard Sir John Brampstone Mr. Milward Mr. Buscowen
King make unto him certain propositions for taking away some heavy Taxes that had been imposed on them by his Father Solomon which he refusing to gratifie them in and following the Advice of Young Men Ten of the twelve Tribes immediately chose Jeroboam a Servant of Rehoboham's a meer Stanger and of mean Parentage and made him their King and God approved thereof as the Scriptures in express Words do testifie For when Rehoboam had raised an Army of One hundred and fourscore thousand Men intending by force of Arms to have justified his Claim God appeared unto Semaiah and commanded him to go to Rehoboam and to the House of Jadah and Benjamin saying Return every man to his house for this thing is of me saith the Lord. So that since God did permit and allow this in his own Commonwealth which was to be the Pattern for all others no doubt he will approve the same in other Kingdoms whenever his Service and Glory or the Happiness of the Weal-publick shall require it The next instance I shall give you shall be in Spain where Don Alonso de la Cerda having been admitted Prince of Spain in his Father's Life-time according to the Custom of that Realm married Blanoha Daughter of Lewis the First King of France and had by her two Sons Named Alonso and Hernando de la Cerda but their Father who was only Prince dying before Alonso the Ninth then King he recommended them to the Realm as lawful Heirs apparent to the Crown But Don Sancho their Fathers Younger Brother who was a great Warrier and Sirnamed El Bravo was admitted Prince and they put by in their Grandfathers Life-time by his and the States Consent and this was done at a Parliament held at Sagovia in the Year 1276. And in the Year 1284 Alonso the Ninth being dead Don Sancho was aknowledg'd King and the Two Princes Imprisoned but at the Mediation of Philip the Third King of France their Unkle they were set free and Endowed with considerable Revenues in Land and from them do descend the Dukes De Medina Celi at this Day and the present King of Spain that is in Possession descendeth from Don Sancho In France Lewis the Fourth had Two Sons Lothairin who succeeded him and Charles whom he made Duke of Lorrain Lothairin dying left an only Son named Lewis who dying without Issue after he had reigned Two Years the Crown was to have descended on his Unkle Charles Duke of Lorrain But the States of France did exclude him and chose Hugo Capetus Earl of Paris for their King and in an Oration made by their Embassadour to Charles of Lorrain did give an Account of their Reasons for so doing as it is related by Belforest a French Historian in these very words Every Man knoweth Lord Charles that the Sucession of the Crown and Kingdom of France according to the ordinary Rights and Laws of the same belongeth unto you and not unto Hugh Capet now our King But yet the same Laws which do give unto you such Right of Succession do judge you also unworthy of the same for that you have not endeavoured hitherto to frame your Life according to the Prescript of those Laws nor according to the Use and Custom of the Kingdom of France but rather have allied your self with the Germans our old Enemies and have accustomed your self to their vile and base Manners Wherefore since you have abandoned and forsaken the ancient Virtue Amity and Sweetness of your Countrey your Countrey has also abandoned and forsaken you for we have chosen Hugh Capet for our King and have put you by and this without any Scruple in our Consciences at all esteeming it for better and more just to live under Hugh Capet the possessor of the Crown with enjoying the ancient use of our Laws Customs Privileges and Liberties than under you the next Heir by Blood in Oppressions strange Customs and Cruelty For as they who are to make a Voyage in a Ship on a dangerous Sea do not so much respect whether the Pilot claims Title to the Ship or no but rather whether he be skilful valiant and like to bring them in safety to their ways end even so our principal care is to have a good Prince to lead and guide us happily in this way of Civil and Politick Life which is the end for which Princes are appointed And with this Message ended his Succession and Life he dying not long after in Prison And now I shall come home and give you an Instance or two in England since the Conquest and so conclude William Rufus second Son of William the Conqueror by the assistance of Lanfrank Archbishop of Canterbury who had a great opinion of his Virtue and Probity was admitted King by the consent of the Realm his elder Brother Robert Duke of Normandy being then in the War at Jerusalem William dying his younger Brother Henry by his ingenuity and fair carriage and by the assistance of Henry Earl of Warwick who had greatest interest in the Nobility and Maurice Bishop of London a leading-man amongst the Clergy obtained also the Crown And Robert Duke of Normandy was a second time excluded And though this King Henry could pretend no other Title to the Crown than the Election and Admission of the Realm yet he defended it so well and God prosper'd him with success that when his elder Brother Robert came to claim the Kingdom by force of Arms he beat him in a pitch'd-Battel took him Prisoner and so he died miserable in Bonds King Henry had one only Daughter named Maud or Matilda who was married to the Emperor and he dying without Issue she was afterwards married to Geofry Plantagenet Earl of Anjou in France by whom she had a Son named Henry whom his Grandfather declared Heir-apparent to the Crown in his Life-time yet after his Death Henry was excluded and Stephen Earl of Bulloine Son of Adela Daughter of William the Conqueror was by the States thought more fit to Govern than Prince Henry who was then but a Child And this was done by the perswasion of Henry Bishop of Winchester and at the solicitation of the Abbot of Glastenbury and others who thought they might do the same lawfully and with a good Conscience for the publick Good of the Realm But the Event did not prove so well as they intended for this occasioned great Factions and Divisions in the Kingdom for the quieting of which there was a Parliament held at Wallingford which passed a Law That Stephen should be King only during his Life and that Prince Henry and his Off-spring should succeed him and by the same Law debarred William Son of King Stephen from inheriting the Crown and only made him Earl of Norfolk Thus did the Parliament dispose of the Crown in those days which was in the year 1153 which sufficiently proves what I have asserted The sum of all I have said amounts to this That Government in general is by the Law of
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
said Report Resolved Nemine contradicente THat Richard Thompson Clerk hath publickly defamed his Sacred Majesty preached Sedition vilified the Reformation promoted Popery by asserting Popish Principles decrying the Popish Plot and turning the same upon the Protestants and endeavoured to subvert the Liberty and Property of the Subject and the Rights and Privileges of Parliament and that he is a Scandal and Reproach to his Function And that the said Richard Thompson be impeached upon the said Report and Resolution of the House And a Committee is appointed to prepare the said Impeachment and to receive further Instructions against him and to send for Persons Papers and Records Articles of Impeachment of Sir William Scroggs Chief Justice of the Court of King ' s-Bench by the Commons in this present Parliament Assembled in their own Name and in the Name of all the Commons of England of High-Treason and other great Crimes and Misdemeanors I. THat he the said Sir William Scroggs then being Chief Justice of the Court of King's Bench hath traiterously and wickedly endeavoured to subvert the Fundamental Laws and the Establisht Religion and Government of this Kingdom of England and instead thereof to introduce Popery and an Arbitrary and Tyrannical Government against Law which he has declared by divers Traiterous and Wicked Words Opinions Judgments Practices and Actions II. That he the said Sir William Scroggs in Trinity Term last being then Chief Justice of the said Court and having taken an Oath duly to Administer Justice according to the Laws and Statutes of this Realm in pursuance of his said Traiterous Purposes did together with the rest of the said Justices of the same Court several days before the end of the said Term in an Arbitrary manner discharge the Grand Jury which then served for the Hundred of Oswaldston in the County of Middlesex before they had made their Presentments or had found several Bills of Indictment which were then before them whereof the said Sir William Scroggs was then fully informed and that the same would be tendered to the Court upon the last day of the said Term which day then was and by the known Course of the said Court hath always heretofore been given unto the said Jury for the delivering in of their Bills and Presentments by which sudden and illegal Discharge of the said Jury the Course of Justice was stopt maliciously and designedly the Presentments of many Papists and other Offenders were obstructed and in particular a Bill of Indictment against James Duke of York for absenting himself from Church which was then before them was prevented from being proceeded upon III. That whereas one Henry Carr had for some time before Publish'd every week a certain Book Intituled The weekly Packet of advice from Rome Or the History of Popery wherein the Superstitions and Cheats of the Church of Rome were from time to time exposed he the said Sir William Scroggs then Chief Justice of the Court of King's Bench together with the other Judges of the said Court before any Legal Conviction of the said Carr of any Crime did in the same Trinity Term in a most Illegal and Arbitrary manner make and cause to be entred a certain Rule of that Court against the Printing of the said Book in Haec Verba Dies Mercurii proxime post tres Septimanas Sanctae Trinitatis Anno 32 Car. II. Regis ORdinatum est quod Liber intitulat ' The weekly Packet of Advice from Rome Or The History of Popery Non ulterius imprimatur vel publicetur per aliquam personam quamcunque Per Cur ' And did cause the said Carr and divers Printers and other Persons to be served with the same which said Rule and other Proceedings were most apparently contrary to all Justice in Condemning not only what had been written without hearing the Parties but also all that might for the future be written on that Subject A manifest countenancing of Popery and discouragement of Protestants an open Invasion upon the Right of the Subject and an encroaching and assuming to themselves a Legislative Power and Authority IV. That he the said Sir William Scroggs since he was made Chief Justice of the King 's Bench hath together with the other Judges of the said Court most notoriously departed from all Rules of Justice and Equality in the Imposition of Fines upon Persons convicted of Misdemeanours in the said Court and particularly in the Term of Easter last past did openly declare in the said Court in the Case of one Jessop who was convicted of Publishing False News and was then to be sined That he would have regard to Persons and their Principles in imposing of Fines and would set a Fine of 500 l. on one Person for the same Offence for the which he would not Fine another 100 l. And according to his said Unjust and Arbitrary Declaration he the said Sir Will. Scroggs together with the said other Justices did then impose a Fine of 100 l. upon the said Jessop although the said Jessop had before that time proved one Hewit to be convicted as Author of the said false News and afterwards in the same Term did fine the said Hewit upon his said Conviction only five Marks Nor hath the said Sir Will. Scroggs together with the other Judges of the said Court had any regard to the Nature of the Offences or the Ability of the Persons in the imposing of Fines but have been manifestly partial and favourable to Papists and Persons affected to and promoting the Popish Interest in this time of imminent Danger from them And at the same time have most severely and grievously oppressed his Majesty's Protestant Subjects as will appear upon view of the several Records of Fines set in the said Court By which arbitrary unjust and partial Proceedings many of his Majesty's Liege People have been ruined and Popery countenanced under colour of Justice and all the Mischiefs and Excesses of the Court of Star-Chamber by Act of Parliament suppressed have been again in direct opposition to the said Law introduced V. That he the said Sir Will. Scroggs for the further accomplishing of his said traiterous and wicked Purposes and designing to subject the Persons as well as the Estates of his Majesty's Liege People to his lawless Will and Pleasure hath frequently refused to accept of Bail though the same were sufficient and legally tendered unto him by many Persons accused before him only of such Crimes for which by Law Bail ought to have been taken and divers of the said Persons being only accused of Offences against himself declaring at the same time That he refused Bail and committed them to Gaol only to put them to Charges and using such furious Threats as were to the terrour of his Majesty's Subjects and such scandalous Expressions as were a dishonour to the Government and to the Dignity of his Office And particularly That he the said Sir Will. Scroggs did in the Year 1679 commit and detain in Prison in such
unlawful manner among others Henry Carr George Broome Edw. Berry Benj. Harris Francis Smith Sen. Francis Smith Jun. and Jane Curtis Citizens of London Which Proceedings of the said Sir Will. Scroggs are a high Breach of the Liberty of the Subject destructive to the Fundamental Laws of this Realm contrary to the Petition of Right and other Statutes and do manifestly tend to the introducing of Arbitrary Power VI. That he the said Sir Will. Scroggs in further Oppression of his Majesty's Liege People hath since his being made Chief Justice of the said Court of Kings Bench in an Arbitrary manner granted divers general Warrants for Attaching the Persons and Seizing the Goods of his Majesty's Subjects not named or described particularly in the said Warrants By means whereof many of his Majesty's Subjects have been vexed their Houses entered into and they themselves grievously oppressed contrary to Law VII Whereas there hath been a Horrid and Damnable Plot contrived and carried on by the Papists for the Murthering the King the Subversion of the Laws and Government of this Kingdom and for the Destruction of the Protestant Religion in the same All which the said Sir William Scroggs well knew having himself not only Tried but given Judgment against several of the Offenders nevertheless the said Sir Will. Scroggs did at divers times and places as well sitting in Court as otherwise openly Defame and Scandalize several of the Witnesses who had proved the said Treasons against divers of the Conspirators and had given Evidence against divers other Persons who were then untried and did endeavour to disparage their Evidence and take off their Credit whereby as much as in him lay he did traiterously and wickedly suppress and stifle the Discovery of the said Popish Plot and Encourage the Conspirators to proceed in the same to the great and apparent Danger of his Majesty's Sacred Life and of the well-established Government and Religion of this Realm of England VIII Whereas the said Sir William Scroggs being advanced to be Chief Justice of the Court of King's Bench ought by a sober grave and vertuous Conversation to have given a good Example to the King's Liege People and to demean himself answerable to the Dignity of so Eminent a Station yet he the said Sir William Scroggs on the contrary by his frequent and notorious Excesses and Debaucheries and his Prophane and Atheistical Discourses doth daily affront Almighty God dishonour his Majesty give countenance and incouragement to all manner of Vice and Wickedness and bring the highest scandal on the publick Justice of the Kingdom All which Words Opinions and Actions of the said Sir William Scroggs were by him spoken and done traiterously wickedly falsly and maliciously to alienate the Hearts of the King's Subjects from his Majesty and to set a Division between him and them and to subvert the Fundamental Laws and the Establisht Religion and Government of this Kingdom and to Introduce Popery and an Arbitrary and Tyrannical Government and contrary to his own knowledge and the known Laws of the Realm of England and thereby he the said Sir William Scroggs hath not only broken his own Oath but also as far as in him lay hath broken the King Oath to his People whereof he the said Sir William Scroggs representing his Majesty in so high an Office of Justice had the Custody for which the said Commons do Impeach him the said Sir William Scroggs of the High-Treason against our Sovereign Lord the King and his Crown and Dignity and other the High Crimes and Misdemeanours aforesaid And the said Commons by Protestation saving to themselves the Liberty of Exhibiting at any time hereafter any other Accusation or Impeachment against the said Sir William Scroggs and also of Replying to the Answer that he shall make thereunto and of Offering proofs of the Premises or of any other Impeachments or Accusations that shall be by them exhibited against him as the Case shall according to the Course of Parliament require Do pray that the said Sir Will. Scroggs Chief Justice of the Court of King's Bench may be put to Answer to all and every the Premises and may be committed to safe Custody and that such Proceedings Examinations Tryals and Judgments may be upon him had and used as is agreeable to Law and Justice and the Course of Parliaments Resolved That the said Sir William Scroggs be Impeached upon the said Articles The Humble Petition of the Right Honourable the Lord Mayor Aldermen and Commons of the City of London in Common-Council Assembled on the Thirteenth of January 1680. To the King 's most Excellent Majesty for the Sitting of this present Parliament Prorogu'd to the Twentieth Instant Together with the Resolutions Orders and Debates of the said Court Commune Concil ' tent ' in Camera Guildhall Civitatis London Die Jovis decimo tertio die Januarii Anno Domini 1680. Annoque Regni Domini nostri Carol ' Secundi nunc Regis Angl ' c. Tricesimo secundo coram Patient ' Ward Mil ' Major ' Civitatis London Thoma Aleyn Mil ' Bar ' Johanne Frederick Mil ' Johanne Lawrence Mil ' Georgio Waterman Mil ' Josepho Sheldon Mil ' Jacobo Edwards Mil ' Roberto Clayton Mil ' Aldermannis Georgio Treby Ar ' Recordatore dictae Civit ' Johanne Moore Mil ' Willielmo Pritchard Mil ' Henrico Tulse Mil ' Jacobo Smith Mil ' Roberto Jeffery Mil Johanne Shorter Mil ' Thoma Gould Mil ' Willielmo Rawsterne Mil ' Thoma Beckford Mil ' Johanne Chapman Mil ' Simone Lewis Mil ' Thoma Pilkington Ar ' Ald'ris Henrico Cornish Ar ' Ald'ro ac unum vicecom ' dictae Civitatis necnon Major ' parte Comminarior ' dictae Civitatis in Communi Concil ' tunc ibidem Assemblat ' THis Day the Members that serve for this City in Parliament having communicated unto this Court a Vote or Resolution of the Honourable House of Commons whereby that House was pleased to give Thanks unto this City for their manifest Loyalty to the King their Care Charge and Vigilance for the Preservation of his Majesty's Person and of the Protestant Religion This Court is greatly sensible of the Honour thereby given to this City and do declare That it is the fixt and uniform Resolution of this City to persevere in what they have done and to contribute their utmost Assistance for the Defence of the Protestant Religion His Majesty's Person and the Government Established It was now unanimously Agreed and Ordered by this Court That the Thanks of this Court be given to the Members that serve for this City in Parliament for their good Service done this City and their Faithfulness in discharging their Duties in that Honourable and great Assembly Upon a Petition now Presented by divers Citizens and Inhabitants of this City representing their Fears from the Designs of the Papists and their Adherents and praying this Court to acquaint his Majesty therewith and to desire That the Parliament may sit from the Day
to which it stands Prorogued until they have sufficiently provided against Popery and Arbitrary Power This Court after some Debate and Consideration had thereupon did return the Petitioners Thanks for their Care and good Intention herein And did thereupon nominate and appoint Sir John Lawrence Sir Robert Clayton Knights and Aldermen Mr. Recorder Sir Thomas Player Kt. Mr. John Du Bois John Ellis Esq and Mr. Michael Godfrey Commoners to withdraw and immediately to prepare a Petition to his Majesty upon the Subject matter of the said Petition who accordingly withdrawing after some time returned again to this Court and then presented the Draught of such a Petition to his Majesty The Tenor whereof followeth Viz. To the King 's most Excellent Majesty c. After reading whereof It is agreed and ordered by this Court Nemine Contradicente That the said Petition shall be presented to his Majesty this Evening or as soon as conveniently may be And the Right Honourable the Lord Mayor is desired to present the same accompanied with Sir John Lawrence Sir Joseph Sheldon Sir James Edwards Knights and Aldermen Mr. Recorder Deputy Hawes Deputy Daâ—â—l John Nichols John Ellis Esquires Mr. Godfrey and Capt. Griffith Commoners who are now nominated and appointed to attend upon his Lordship at the Presenting thereof Ward Mayor Commune Concil ' tent ' 13 Januarii 1680. Annoque Regis Car. II. 32. IT is Agreed and Ordered by this Court Nemine Contradicente That the Humble Petition to His Majesty from this Court now read and agreed upon shall be presented to His Majesty this Evening or as soon as conveniently may be And the Right Honourable the Lord Mayor is desired to Present the same accompanied with Sir John Lawrence Sir Joseph Sheldon and Sir James Edwards Knights and Aldermen Mr. Recorder Deputy Hawes Deputy Daniel John Nichols John Ellis Esquires Mr. Godfrey and Capt. Griffith Commoners who are now nominated and appointed to attend upon his Lordship at the Presenting thereof Wagstaffe To the KING 's most Excellent Majesty The Humble Petition of the Lord Mayor Aldermen and Commons of the City of London in Common-Council Assembled Most Humbly sheweth THat Your Majesty's great Council in Parliament having in their late Session in pursuance of Your Majesty's Direction entred upon a strict and impartial Inquiry into the horrid and execrable Popish Plot which hath been for several years last past and still is carried on for destruction of Your Majesty's Sacred Person and Government and extirpation of the Protestant Religion and the utter Ruine of Your Majesty's Protestant Subjects and having so far proceeded therein as justly to attaint upon full Evidence one of the five Lords impeached for the same and were in further Prosecution of the remaining Four Lords and other Conspirators therein And as well the Lords Spiritual and Temporal as the Commons in Your said Parliament assembled having Declared That they are fully satisfied that there now is and for divers years last past hath been a horrid and Treasonable Plot and Conspiracy contrived and carried on by those of the Pupish Religion in Ireland for Massacring the English and subverting the Protestant Religion and the Ancient established Government of that Kingdom And Your said Commons having Impeached the Earl of Tyrone in order to the bringing him to Justice for the same And having under Examination other Conspirators in the said Irish Plot. And Your said Commons having likewise impeached Sir William Scroggs Chief Justice of Your Majesty's Court of Kings Bench for Treason and other great Crimes and Misdemeanors in endeavouring to subvert the Laws of this Kingdom by his Arbitrary and Illegal proceedings And having voted Impeachments against several other Judges for the like Misdemeanors Your Petitioners considering the continual Hazards to which Your Sacred Life and the Protestant Religion and the Peace of this Kingdom are exposed while the Hopes of a Popish Successor gives Countenance and Encouragement to the Conspiratours in their wicked Designs And considering also the Disquiet and Dreadful Apprehensions of Your good Subjects by reason of the Miseries and Mischiefs which threaten them on all parts as well from Foreign Powers as from the Conspiracies within Your several Kingdoms against which no sufficient Remedy can be provided but by Your Majesty and Your Parliament were extreamly surprized at the late Prorogation whereby the Prosecution of the Publick Justice of the Kingdom and the making the Provisions necessary for the Preservation of Your Majesty and Your Protestant Subjects hath received an interruption And they are the more affected herewith by reason of the Experience they have had of the great Progress which the emboldned Conspirators have formerly made in their Designs during the late frequent Recesses of Parliament But that which supports them against Dispair is the Hopes they derive from Your Majesty's Goodness That Your Intention was and does continue by this Prorogation to make way for Your better Concurrence with the Counsels of Your Parliament And Your Petitioners humbly hope That Your Majesty will not take Offence that your Subjects are thus Zealous and even impatient of the least Delay of the long hoped for Security whilst they see your precious Life invaded the true Religion undermined their Families and innocent Posterity likely to be subjected to Blood Confusion and Ruine and all these Dangers encreased by reason of the late Endeavours of Your Majesty and Your Parliament which have added Provocation to the Conspirators but have had little or no Effect towards securing against them And they trust Your Majesty will graciously accept this Discovery and Desire of their Loyal Hearts to preserve Your Majesty and whatever else is dear to them and to strengthen Your Majesty against all Popish and Pernicious Counsels which any ill affected Persons may persume to offer They do therefore most humbly Pray That Your Majesty will be graciously pleased as the only means to quiet the Minds and extinguish the Fears of Your Protestant People and prevent the imminent Dangers which threaten Your Majesty's Kingdoms and particularly this Your Great City which hath already so deeply suffered for the same to permit Your said Parliament to Sit from the Day to which they are Prorogued untill by their Counsels and Endeavours those good Remedies shall be provided and those just Ends attained upon which the Safety of Your Majesty's Person the preservation of the Protestant Religion the Peace and Settlement of Your Kingdoms and the Welfare of this Your Ancient City do so absolutely depend For the pursuing and obtaining of which good Effects Your Petitioners unanimously do offer their Lives and Estates And shall ever Pray c. 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 Boroughs of this Realm to their respective Representatives chosen to serve in the Parliament
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
for the Life of the injured Lord was broken as is manifest by his liberty now obtained by Law Witnesses may come prepared and tell plausible Stories in open Court if they know from the Prosecutor to what they must answer and have agreed and acquainted each other with the Tales they will tell and have resolved to be careful that all their Answers to cross Interrogatories may be conformable to their first Stories And if these relate only to Words spoken at several times in private to distinct Witnesses in such a case Evidence if given in open Court may seem to be very strong against the Person accused though there be nothing of truth in it But if such Witnesses were privately and separately examined by the Grand Inquest as the Law requires and were to answer only such Questions as they thought fit and in such order as was best in their Judgments and most natural to find out the Truth of the Accusation so that the Witnesses could not guess what they should be asked first or last nor one conjecture what the other had said which they are certain of when they know beforehand what the Prosecutor will ask in Court of every of them and what they have resolved to answer if the Inquest should put them out of their Road and then compare all their several Answers together they might possibly discern marks enough of falsehood to shew that their Testimonies ought not to be depended upon where Life is in question By what is now said the reasonableness of this Institution of Secrecy may be discerned in respect to the discovery of Truth and the protection of the Innocent from malicious Combinations and Perjuries Yet the same Secrecy of the King's Counsel is no less necessary to reserve the guilty for punishment when the Evidence against any party accused is not manifest and full it may be kept without prejudice under Secrecy until further enquiry and if sufficient proof can afterwards be made of the Offence an Indictment may be found by a Grand Inquest and the Party brought to answer it But when the Examinations are in open Court or the King's Council any other way divulged and the Evidence is weak and less than the Law requires 't is not probable that it will be more or stronger and should an Indictment be found and the Party tried by a Petit Jury whilst the Evidence is not full they must and ought to acquit him and then the further prosecution for the same Offence is for ever barred though his guilt should afterwards be manifest and confessed by himself From hence may certainly be concluded That Secrecy in the Examinations and Enquiries of Grand Juries is in all respects for the Interest and advantage of the King If he be concerned to have secret Treason Felonies and all other Enormities brought to light and that none of the Offenders should escape Justice if the gain of their Forfeitures be thought his Interest which God forbid then the first notices of all dangerous Crimes and wicked Confederacies ought to be secretly and prudently pursued and searcht into by the Grand Inquest the Accusers and Witnesses ought not to publish in a Court before a multitude what they pretend to know in such Cases until the discretion of so many honest Men of the Neighbourhood hath first determined whether their Testimony will amount to so good and full Evidence that it may be made publick with safety to the King and People in order to Justice Else they are obliged by Oath to lock up in their own Breasts all the Circumstances and Presumptions of Crimes until they or such as shall succeed in the same Trust shall have discovered as they believe Evidence enough to convict the Accused and then and not before they are to accuse the Party upon Record by finding the Bills as it 's usually called But when Bills are offered without satisfactory Evidence and they neither know nor can learn any more they ought for the King's sake to indorse Ignoramus upon them lest his Honour and Justice be stained by causing or permitting such Prosecution of his People in his own name and at his Suit as shall appear upon their Tryal and Acquittal to have been frivolous or else malicious designs upon their Lives and Fortunes If it should be said That whatsoever Reasons there are for this Oath of Secrecy yet it cannot deprive the King of the benefit of having the Evidence made publick if he desires it and that the Grand Jury do not break their Oaths when the King or the Prosecutor for him will have it so 'T is not hard to shew that such Notions have no foundation in Law or Reason and seem to come from Men who have not well studied the first Principles of the English Government or of True Religion Whosoever hath learnt that the Kings of England were ordained for the good Government of the Kingdom in the Execution of the Laws must needs know that the King cannot lawfully seek any other benefit in judicial proceedings than that common Right and Justice be done to the People according to their Laws and Customs Their Safety and Prosperity are to be the Objects of his continual Care and Study that being the highest concern The Greatness and Honour of a Prince consists in the Virtue Multitude Wealth and Prowess of his People and his greatest Glory is by the excellency of his Government so to have encouraged Virtue and Piety that few or no Criminals are to be found in his Dominions Those who have made this their principal aim have in some places so well succeeded as to introduce such a Discipline and rectitude of Manners as rendred every man a Law unto himself Gar. de la Veg Hist de los Incas As it is reported in the History of Peru that though the Laws were so severe as to make very small Crimes capital yet it often fell out that not one man was put to death in a year within the whole compass of that vast Empire The King 's only benefit in finding out and punishing Offenders by Courts of Justice are the preservation and support of the Government the protection of the Innocent revenging their wrongs and preventing further mischiefs by the terrors of exemplary Punishments The King is the head of Justice in the esteem of our Laws and the whole Kingdom is to expect right to be done them in his several Courts instituted by Law for that purpose Therefore Writs issue out in his name in all cases where relief is sought by the Subject and the wrongs done to the Lives or Limbs of the People are said to be done against the Peace of the King his Crown and Dignity reckoning it a dishonour to him and his Government that Subjects should not whilst they live within the Law enjoy Peace and Security It ought to be taken for a scandal upon the King when he is represented in a Court of Justice as if he were partially concerned or
as a Quare impedit Quare incumbravit a Writ of Attaint of Debt Detinue of Ward Escheat Scire fac pur repealer patent c. Unto which every Man must answer But no Man can be brought to answer for Publick Crimes at the King's Suit otherwise than by Indictment of a Grand Jury The whole Course of doing Justice upon Criminals from the beginning of the Process unto the Execution of the Sentence is and ever was esteemed to be the Kingdoms concernment as is evidenced by the frequent Complaints made in Parliament that Capital Offenders were pardon'd to the Peoples damage and wrong In the 13 Rich. 2. it is said that the King hearing the grievous complaints of his Commons in Parliament of the outragious mischiefs which happened unto the Realm for that Treasons Murders and Rapes of Women be commonly done and committed and the more because Charters of Pardon had been easily granted in such Cases And thereupon it was enacted That no Pardon for such Crimes should be granted unless the same were particularly specified therein and if a Pardon were otherwise granted for the Death of a Man the Judges should notwithstanding enquire by a Grand Jury of the Neighbourhood concerning the Death of every such Person and if he were found to have been wilfully Murthered such Charter of Pardon to be disallowed and provisions were made by imposing grievous Fines upon every person according to his Degree and Quality or Imprisonment who should presume to sue to the King for any Pardons of the aforesaid Crimes and that such persons might be known to the whole Kingdom their Names were to be upon several Records The like had been done in many Statutes made by several Parliaments as in the 6 Ed. 1.9 the 2 Ed. 3.2 the 10 Ed. 3.2 and the 14 Ed. 3.15 where it was acknowledged by the King in Parliament That the Oath of the Crown had not been kept by reason of the Grant of Pardons contrary to the aforesaid Statutes and Enacted that any such Charter of Pardon from thenceforth granted against the Oath of his Crown and the said Statutes the same should be holden for none In the 27 Edw. 3.2 It is further provided for preventing the Peoples damage by such Pardons That from thenceforth in every Charter of Pardon of Felony which shall be granted at any mans suggestion the said suggestion and the name of him that maketh the suggestion shall be comprised in the same Charter and if after the same suggestion be found untrue the Charter shall be disallowed and holden for none And the Justices before whom such Charter shall be alledged shall enquire of the same suggestion and that as well of Charters granted before this time as of Charters which shall be granted in time to come and if they find them untrue then they shall disallow the Charter so alledged and shall moreover do as the Law demandeth Thus have Parliaments from time to time declared that the Offences against the Crown are against the publick welfare and that Kings are obliged by their Oath and Office to cause Justice to be done upon Traytors and Felons for the Kingdom 's sake according to the ancient Common-Law 9 Hen 3.29 declared by Magna Charta in these words Nulli negabimus nulli vendemus nulli differemeus Justitiam VVe will sell to no Man we will not deny or defer to any Man either Justice or Right And as the publick is concerned that the due and legal Methods be observed in the Prosecution of Offenders so likewise doth the security of every single Man in the Nation depend upon it No Man can assure himself he shall not be accused of the highest crimes Let a Man's Innocence and Prudence be what it will yet his most inoffensive VVords and Actions are liable to be misconstrued and he may by Subornation and Conspiracy have things laid to his charge of which he is no ways guilty VVho can speak or carry himself with that circumspection as not to have his harmless VVords or Actions wrested to another sense than he intended VVho can be secure from having a Paper put into his Pockets or laid in his House of which he shall know nothing till his Accusation History affords many Examples of the detestable Practices in this kind of wicked Court-Paraâ—tes among which one may suffice for Instance Polib lib. 5. out of Polibius an approved Author Hermes a powerful Favourite under Antiochus the younger but a Man noted to be a favourer of Lâ—ars was made use of against the innocent and brave Epigenes He had long watch'd to kill him for that he found him a Man of great Eloquence and Valour having also Favour and Authority with the King He had unjustly but unsuccessfully accused him of Treason by false glosses put upon his faithful Advice given to the King in open Council this not prevailing he by artifice got him put out of his Command and to retire from Court which done he laid a Plot against him with the help and Council of one of his Complices Alexis and writing Letters as if they had been sent from Molon who was then in open Rebellion against his Prince for fear amongst other Reasons of the Cruelty and Treachery of Hâ—â—mes and corrupted one of Alexis's Servants with great Promises who went to Epigenes to thrust the Letters secretly among his other Writings which when he had done Alexis came suddenly to Epigenes demanding of him if he had received any Letter from Molon and when he said he had none the other said he was confident he should â—nd some wherefore entring the House to search he found the Letters and taking this occasion slew him lest if the Fact had been duly examined the Conspiracy had been discovered These things happening thus the King thought that he was justly slain in this manner the worthy Epigenes ended his days But this great Man's designs did not rest here for within a while heightned with success he so arrogantly abused His Master's Authority as he grew dangerous to the King himself as well as to those about him insomuch as Antiochus was forced for that he hated and feared Hermes to take away his Life by Stratagem thereby to secure himself By these and a Thousand other ways the most unblemish'd Innocence may be brought into the greatest danger Since then every Man is thus easily subject to question and what is one Man's Case this day may be another Man 's to morrow it is undoubtedly every Man's concern to see as far as in him lies in every case that the accused Person may have the benefit of all such provisions as the Law hath made for the defence of Innocence and Reputation Now to this end there is nothing so necessary as the secret and separate examination of Witnesses for though perhaps as hath been already observed it may be no very difficult thing for several persons who are permitted to discourse with each other freely and to hear or be told what each
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
false Accusations followed without number Oppression and Injustice broke forth like a Flood And to gain the King's Favour they fill'd his Coffers The Indictments against them mentioned in Anderson's Reports Pa. 156 157 are worth reading whereby they are charged with Treason for Subverting the Laws and Customs of the Land in their proceedings without Grand Juries and procuring the murmuring and hatred of the People against the King to the great danger of him and the Kingdom Nothing could satisfy the Kingdom tho ' the King was dead whom they had flattered and served but such Justice done upon them and many of their Instruments and Officers as may for ever make the Ears of Judges to tingle And it is not to be forgotten that the Judges in Queen Eliz. time in the Case of R. Cavendish in Anderson's Reports P. 152 and 155. were as they told the Queen and her Councellors by the punishment of former Judges especially of Empson and Dudley deterred from obeying her illegal Commands The Queen had sent several Letters under her Signet Great Men pressed them to obey her Patent under the Great Seal and the Reasons of their disobedience being required they answered That the Queen her self and the Judges also had taken an Oath to keep the Laws And if they should obey her Commands the Laws would not warrant them and they should therein break their Oath to the Offence of God and their Country and the Common-wealth wherein they were born And say they if we had no fear of God yet the Examples and Punishments of others before us who did offend the Laws do remember and recall us from the like Offences Whosoever being in the like places may design or be put upon the like practices will do well to consider these Examples and not to think that he who obliquely Endeavours to render Grand Juries useless is less Criminal than he that would absolutely abolish them That which doth not act according to its Institution is as if it were not in being And whoever doth without prejudice consider this matter will see that it is not less pernicious to deny Juries the use of those Methods of discovering Truth which the Law hath appointed and so by degrees turn them into a meer matter of form than openly and avowedly to destroy them Surely such a gradual Method of destroying our Native Right is the most dangerous in its consequence The safety which our Fore-fathers for many hundred of years enjoyed under this part of the Law especially and have transmitted to us is so apparent to the meanest Capacity that whoever shall go about to take it away or give it up is like to meet with the fate of Ishmael to have every man's hand against him because he is against every Man Artifices of this Kind will ruine us more silently and so with less opposition and yet as certainly as the other more moved oppression This only is the difference that one way we should be slaves immediately and the other insensibly But with this further disadvantage too that our slavery should be the more unavoydable and the faster rivited upon us because it would be under colour of Law which Practice in Time would obtain Few men at first see the danger of little changes in Fundamentals and those who design them usually act with so much craft as besides the giving specious Reasons they take great Care that the true Reason shall not appear Every design therefore of changing the Constitution ought to be most warily observed and timely opposed Nor is it only the Interest of the People that such Fundamentals should be duly guarded for whose benefit they were at first so carefully layed and whom the Judges are sworn to serve but of the King too for whose sake those pretend to act who would subvert them Our Kings as well as Judges are sworn to maintain the Laws They have themselves in several Statutes required the Judges at their peril to administer Equal Justice to every Man notwithstanding any Letters or Commauds c. even from themselves to the contrary And when any failure hath been the greatest and most powerful of them have ever been the readiest to give Redress It appears by the Preface to the Statutes of 20th Ed. 3. that the Judicial proceedings had been perverted That Letters Writs and Commands had been sent from the King and great Men to the Justices and that Persons belonging to the Court of the King the Queen the Prince of Wales had maintained and abetted Quarrels c. whereby the Laws had been violated and many wrongs done But the King was so far from justifying his own Letters or those illegal practices That the preamble of those Statutes saith they were made for the relief of the People in their sufferings by them That brave King in the height of his glory and vigor of his Age chose rather to confess his Error than to continue in it as is evident by his own words Edward by the Grace of God c. Because by divers Complaints made unto us we have perceived that the Law of the Land which we by our Oath are bound to maintain is the less well kept and Execution of the same disturbed many times by maintenances and procurements as well in the Court as the Country We greatly moved of Conscience in this matter and for this Cause desiring as much for the pleasure of God and ease and quietness of our Subjects as to save our Conscience and for to save and keep our said Oath by the Assent c. Enact That Judges shall do Justice notwithstanding Writs Letters or Commands from himself c. and that none of the King's House or belonging to the King Queen or Prince of Wales do maintain Quarrels c. King James in his Speech to the Judges in the Starchamber Anno. 1616. told them That he had after many years resolved to renew his Oath made at his Coronation concerning Justice and the promise therein contained for maintaining the Law of the Land And in the next page save one says I was sworn to maintain the Law of the Land and therefore had been perjured if I had broken it God is my Judge I never intended it And His Majesty that now is hath made frequent Declarations and Protestations of his being far from all thoughts of designing an Arbitrary Government and that the Nation might be confident he would rule by Law Now if after all this any Officer of the Kings should pretend Instructions from his Master to demand so material an alteration of proceedings in the highest Cases against Law as are above mentioned And the Court who are required to slight and reject the most solemn Commands under the Great Seal if contrary to Law should upon a verbal Intimation allow of such a Demand and so break in upon this Bulwark of our Liberties which the Law has erected Might it not give too just an occasion to suspect that all the legal securities of our Lives
Laws a Penalty in any one particular Law can have no effect but what is precarious It may have a loud Voice to threaten but it has not an Hand to give a Blow for as long as the Governing Power is in possession of this Prerogative let who will chuse the Meat if they chuse the Cooks it is they that will give the Taste to it So that it is clear that the Rigor of a Penalty will not in all cases fix a Bargain neither is it universally a true Position that the Increase of Punishment for the Breach of a new Law is an Equivalent for the Consent to part with an old one XVIII In most Bargains there is a Reference to the time to come which is therefore to be considered as well as that which cometh within the Compass of the present Valuation Where the Party contracting hath not a full Power to dispose what belongeth on him or them in Reversion who shall succeed after him in his Right he cannot make any part of what is so limited to be the Condition of the Contract Further he cannot enjoyn the Heir or Successor to forbear the Exercise of any Right that is inherent to him as he is a Man neither can he restrain him without his own Consent from doing any Act which in it self is lawful and liable to no Objection For Example a Father cannot stipulate with any other Man that in Consideration of such a thing done or to be done his Son shall never Marry because Marriage is an Institution established by the Laws of God and Man and therefore no Body can be so restrained by any Power from doing such an Act when he thinketh fit being warranted by a Authority that is not to be controuled XIX Now as there are Rights inherent in Mens Persons in their single Capasities there are Rights as much fixed to the Body Politick which is a Creature that never dieth For instance There can be no Government without a Supream Power that Power is not always in the same Hands it is in different Shapes and Dresses but still where ever it is Lodged it must be unlimited It hath â—â—â—risdiction over every thing else but it cannot have it above it self Supream Power can be no more limited than Infinity can be measured because it ceaseâ—h to be the thing it s very being is dissolved when any bounds can be put to it Where this Supreme Power is mixed or divided the shape only differeth the Argument is still the same The present State of Venice cannot restrain those who succeed them in the same power from having an entire and unlimited Sovereignty they may indeed make present Laws which shall retrench their present Power if they are so disposed and those Laws if not repealed by the same Authority that enacted them are to be observed by the succeeding Senate till they think fit to abrogate them and no longer for if the Supreme Power shall still reside in the Senate perhaps composed of other Men or of other minds which will be sufficient the necessary consequence is that one Senate must have as much right to alter such a Law as another could have to make it XX. Suppose the Supreme Power in any State should make a Law to enjoyn all subsequent Law-makers to take an Oath never to alter it it would produce these following Absurdities First All Supreme Power being instituted to promote the safety and benefit and to prevent the prejudice and danger which may fall upon those who live under the protection of it the consequence of such an Oath would be that all Men who are so trusted shall take God to witness that such a Law once made being judged at the time to be advantagious for the publick though afterwards by the vicissitude of times or the variety of accidents or interests it should plainly appear to them to be destructive they will suffer it to have its course and will never repeal it Secondly If there could in any Nation be found a set of Men who having a part in the Supreme Legislative Power should as much as in them lieth betray their Country by such a criminal engagement so directly opposite to the nature of their Power and to the Trust reposed in them If these Men have their power only for life when they are dead such an Oath can operate no farther and though that would be too long a Lease for the Life of such a Monster as an Oath so composed yet it must then certainly give up the Ghost It could Bind none but the first makers of it another generation would never be tied up by it Thirdly In those Countries where the Supreme Assemblies are not constant standing Courts but called together upon occasions and composed of such as the People chuse for that time only with a Trust and Character that remaineth no longer with them than that Assembly is regularly dissolved such an Oath taken by the Members of a Senate Diet or other Assembly so chosen can have very little effect because at the next meeting there may be quite another set of Men who will be under no Obligation of that kind The Eternity intended to that Law by those that made it will be cut off by new Men who shall succeed them in their power if they have a differing Taste or another Interest XXI To put it yet further Suppose a Clause in such a Law that it shall be criminal in the last degree for any Man chosen in a subsequent Assembly to propose the repealing it and since nothing can be Enacted which is not yet first proposed by this means it seemeth as if a Law might be created which should never die But let this be Examined First Such a Clause would be so destructive to the being of such a Constitution as that it would be as reasonable to say that a King had right to give or sell his Kingdom to a Foreign Prince as that any number of Men who are intrusted with the Supreme Power or any part of it should have a right to impose such shackles upon the Liberty of those who are to succeed them in the same Trust The ground of that Trust is that every Man who is chosen into such an Assembly is to do all that in him lieth for the good of those who chose him The English of such a Clause would be that he is not to do his best for those that chose him because though he should be convinc'd that it might be very fatal to continue that Law and therefore very necessary to repeal it yet he must not repeal it because it is made a Crime and attended with a Penalty But secondly to shew the emptiness as well as injustice of such a Clause it is clear that although such an Invasion of Right should be imposed it will never be obeyed There will only be Deformity in the Monster it will neither sting nor bite Such Law-givers would only have the honour of attempting a contradiction
pinches he is really concerned that Ireland is not altogether an independent Kingdom and in the Hands of its own Natives he longs till the Day when the English Yoak of Boudage shall be thrown off Of this he gives us broad Hints when he tells us That England is the only Nation in the World that impedes their Trade That a Man of English Interest will never Club with them as he phrases it or project any thing which may tend to their Advantage that will be the least Bar or Prejudice to the Trade of England Now why a Man of English Interest unless he will allow none of that Nation to be an able and just Minister to his Prince should be partial to ruine one Kingdom to avoid the least Inconveniency of the other contrary to the positive Commands of his King I cannot imagine For since it is the Governour 's Duty to Rule by Law and such Orders as he shall receive from His Majesty I know no Grounds for our Authors Arraigning the whole English Nation in saying That no one Man among them of what Perswasion soever will be true either to the Laws or his Majesty's positive Orders which shall seem repugnant to the smallest Conveniencies of England This is a glory reserved only as it seems for his Hero my Lord Tyrconnel The Imbargo upon the West India Trade and the Prohibition of Irish Cattel are the two Instances given It were to be wished indeed for the Good of that Kingdom that both were taken off and I question not but to see a Day wherein it shall seem proper to the King and an English Parliament to Repeal those Laws a Day wherein they will consider us as their own Flesh and Blood a Colony of their Kindred and Relations and take care of our Advantages with as little Grudging and Repining I am sure they have the same and no stronger Reason as Cornwal does at Yorkshire There are Instances in sevral Islands in the East-Indies as far distant as Ireland is from England that make up but one Kingdom and govern'd by the same Laws but the Wisdom of England will not judge it time fitting to do this till we of Ireland be one Mans Children either in Reality or Affection we wish the latter and have made many Steps and Advances towards it if the Natives will not meet us half way we cannot help it let the Event lie at their own Doors But after all I see not how those Instances have any manner of relation to the English Chief Governors in Ireland they were neither the Causes Contrivers nor Promoters of those Acts. The King and an English Parliament did it without consulting them if they had 't is forty to one my Lord of Ormond and the Council whose Stake is so great in Ireland would have hindred it as much as possible Our Author's Argument proves indeed That 't is detrimental to Ireland to be a subordinate Kingdom to England and 't is plain 't is that he drives at let him disguise it as much as he will but the conclusion he would prove cannot at all be deduced from it Shortly I expect he will speak plainer and in down right Terms propose That the two Kingdoms may be governed by different Kings Matters seem to grow ripe for such a dilloyal Proposition If these Acts and not the Subjection to an English King were the Grievances they would be so to the British there as well as to the Natives but though we wish them Repealed we do not repine in the mean time if the British who are the most considerable Trading part of that Nation and consequently feel the ill Effects of those Acts more sensibly can be contented why the Natives should not acquiesce in it unless it be for the forementioned Reasons I cannot see Our Author allows that there are different ways of obeying the King 't is a Point gained for us and proves there may be such a Partiality exercised in executing his Majesties Commands as may destroy the very Intent of them and yet taking the Matter strictly the King is obeyed but a good Minister will consider his Masters Intentions and not make use of a Word that may have a double Sence to the Ruine of a Kingdom nor of a Latitude of Power wherewith he is intrusted to the Destruction of the most considerable Party in it Far be it from us to think it was his Majesties Intentions to depopulate a flourishing Country to undo Multitudes of laborious thriving Families in it to diminish and destroy his own Revenue to put the Sword into Mad-mens Hands who are sworn Enemies to the British No! His Majesty who is willing that Liberty of Trade as well as Conscience should equally flourish in all parts of his Dominions that recommends himself to his Subjects by his Impartiality in distributing Offices of Trust and from that Practice raises his greatest Argument to move his People to Repeal the Penal Laws never intended that some general Commands of his should be perverted to the Destruction of that People his Intention is to protect His Majesty Great as he is cannot have two Consciences one calculated for the Latitude of England another for Ireland We ought therefore to conclude in respect to the King that his Commands have been ill understood and worse executed and this may be done as our Author confesses and the King undoubtedly obeyed but such an Obedience is no better than a Sacrifice of the best Subjects the King has in this Kingdom Our Author has given very good Reasons why the Natives may be well content with their present Governor but I cannot forbear laughing at those he has found out to satisfie the poor British with My Lord Tyrconnel's most Excellent Charitable English Lady His high sounding Name TALBOT in great Letters a Name that no less frightens the Poor English in Ireland then it once did the French a Name which because he is in possession of I will not dispute his Title to but I have been credibly informed that he has no relation to that most Noble Family of Shrewsbury though my Lord Tyrconnel presumes to bear the same Coat of Arms a Name in short which I hope in time Vox praetereae nihil A Second Reason is drawn from his Education We have heard and it has never yet been contradicted that my Lord Tyrconnel from his Youth upwards has constantly born Arms against the Brittish If our Author will assure us of the contrary I am apt to believe â—i Excellency will give him no thanks who lays the foundation of his Merit upon the Basis of his constant adherence to the Iâ—ish Party What use of Consolation can be drawn from this head by the Brittish is beyond my skill to conâ—preâ—â—nd A third Reason is drawn from his Stake in England the Author would do well to shew us in what Country this lies that we may know where to find Reprisals hereafter for since he offers this for our Security 't is fit
from the publick and established Religion As to the first it is sufficiently known that according to the judgment of the Church of Rome we are Hereticks and that Heresie being Crimen laesae Majestatis Divinae we are therefore the worst of Traitors and liable to the Penalties of the greatest High Treason And thereupon we are not only declared to be infamous and sentenced to be deprived of all Honor and Dignity and to be incapable of all Offices and have our Estates confiscated and seised but we are condemned to be burnt and if that cannot conveniently be effected it is both made lawful and meritorious to extirpate us by War or Massacre as shall be best and most safe for the Church of Rome In order whereunto not only all Laws made for our Security are declared to be null and that no promises made unto us ought to be kept but all Princes that neglect to destory and extirpate us are proclaimed to be deposed And sutable hereunto has their carriage been for many ages to such as differ from them in Articles of Faith and will not joyn in their Superstitions and Idolatries In proof where of I neither need to insist upon the infinite Murders committed by the Inquisition the most Devilish Engine of Cruelty that ever the World was acquainted with nor to reflect so far backward as the Parisian and Irish Massacres or the infinite Slaughters perpetrated heretofore in France Germany and the Low Countreys c. seeing we have such fresh and doleful evidences of the mercy and gentleness of the Papal Church in the ungrateful inhumane perjurious and salvage persecutions executed so lately in France and Piedmont If it be the effect of Royal and Paternal affection in the King of England to his Subjects that all he endeavoureth is to treat them as becomes a common Father without making any distinction between one and another as our Author is pleased to call it in his Testimony concerning him what cruel Parents must many Princes of the Roman Communion be who act with that difference towards their people that while they cherish and embrace some they tear out the Bowels and suck the blood of others And if no Society destitute of such tender and Christian affections can merit the name of a Church we hence learn where to fasten the character of being the Mother of Harlots In that we not only know whose Doctrine it is that whom She cannot convert She ought to destroy but that we have observed her to have been in all Ages drunk with the Blood of Saints All the commendations our Author bestows upon the King of England are not only either so many accusations of His Majesties insincerity in the Papal Faith or infallible indications that both the King pardon the expression and his Minister are Hypocritical Dissemblers but they are stabbing and twinging Satyr's against Mother Church and the Holy Father and against his Brittanick Majesties dear Brother and Ally the French King Nor can we be guilty either of Crime or Indecency in the worst we can say of the Church of Rome and the Most Christian King seeing we have in equivalent Terms a President for it both from so good a Catholick and so wise a Minister of a great Monarch as our honourable Author is And tho I begin to grow weary of conversing with so impertinent a man yet I am bound to wait upon him a little longer and while the Reader can reap no advantage by any thing he says to see whether it be not possible to lay hold of an occasion from his Ignorance and Folly to communicate things that may be more solid and instructive The sixth thing therefore whereof I accused him and for which I promised to call him to an account is his egregious ignorance in relation to Government Laws Customs and matters of Fact Mijn Heer Fagel tells us that the Test Laws being enacted by King and Parliament for the Security of the Reformed Religion and the Roman Catholicks receiving no prejudice by them but being meerly restrained from getting into a condition to subvert it therefore Their Highnesses could not consent to their Repeal And he further adds that there is no Kingdom Common-wealth or any constituted Body and Society in which there are not Laws made for the safety thereof which not only provide against all attempts that may disturb their peace but which prescribe such conditions as they judge necessary for the discerning who are qualified to bear Employments To which he again subjoins that there is a great difference between the conduct of these of the Reformed Religion towards Roman Catholicks which is moderate and only to prevent their getting into a capacity to do hurt and that of those of the Roman Catholick Religion towards the Reformed who not being satisfied to exclude them from places of Trust do both suppress the whole Exercise of their Religion and severely persecute all that profess it And he finally adds that both Reason and the Experience of the present as well as past Ages do shew that it is impossible for Roman Catholicks and those of the Reformed Religion when joyned together in places of Trust and publick Employment to maintain a good Correspondence live in mutual peace and to discharge their Offices quietly and to the publick Good Now from these several passages which carry their own evidence along with them our Author takes occasion both to vent his foolish and ridiculous Politicks and to proclaim his ignorance in History and of the most obvious matters of Fact However we shall have the patience to hearken to what he hath been pleased to say and shall examine it piece by piece as we go along And the first thing he does is to acquaint us with a mighty Mystery of State and which none but so great a Minister could have been able to have revealed namely that tho the King and Parliament upon the first Revolution with respect to Religion and the introducing and setting up the Reformed Religion thought fit to make those Laws which they judged necessary for its preservation yet that it does not follow that his present Majesty and a Parliament would be of the same mind but that they might enact Laws of a differing Nature from the former and re-establish Religion into the same State in which it was before the Reformed Doctrine and Worship was set up We are much obliged to our Author for this discovery though I must add that this it is to trust a Fool with secrets for he will be sure to be blabbing For tho he subjoin that he will not say that matters would be pushed so far yet he hath already told us enough to make us understand both what his own hopes are and what is designed by the Papal party if they could compass a Parliament of a Complexion and Temper to their mind But there are two fatal things which lye in their way One is that neither progressing nor closeting bribing nor threatning can
equally partake in publick Trusts and Employments He must pardon me if I not only say he is mistaken but that it is a down-right Falsehood and that herein he betrays his wonted ignorance or at least gives us a new discovery of the insincerity that is natural to him Nor would he have vented this in so general Terms but that he did foresee if he should have condescended to particulars how easy it would have been for persons of very ordinary acquaintance either with History or the World to have both contradicted and refuted him And if there were some one or other small City where by reason of the Fewness of those of one Religion to exercise the Government and to take care of the Welfare of the Society those of the other Religion are sometimes received into Employments in order to prevent the inconveniencies which the want of a competent number of Magistrates would be attended with and where the Jealousie and Fear of being swallowed up by some envious and potent Neighbour may lay them under a necessity of agreeing better together than otherwise they would or than the principles of some of them incline them unto must we thence conclude that it ought to be so in a great Kingdom where there is so vast a number of Protestants admirably qualified with Wisdom Interest and Estates to discharge all the Offices of the Government and to manage the universal care of the Society without running the hazard of the many mischiefs that would accompany the taking the Papists into partnership with them Nor could Mijn Heer Fagel in representing what is safe or unsafe to so great and noble a Nation take notice of what is practised upon necessity in some mean Town or Corporation supposing that it were there as our Author alledgeth without transgressing against all the Rules both of prudence and decency But as the Pensionary had no where in his Letter affirmed that there were not any States or Cities in which the Protestants and Papists bear Office in Government together but had only said that Reason and Experience do shew us how impossible it will be for them when joyned together in places of Trust and publick Employments to maintain a good Correspondence and to live peaceably with one another so this is found to be so just a truth and so pertinently observed that in all the places where it hath been practised tho not in Germany as our Author ignorantly suggests they have not only lived in continual heats and dissentions but have often come to open Hostility against each other Nor hath it meerly fallen out thus in private and particular States within themselves but the like evils have often followed and ensued where more States have associated into Union for the common preservation of the Generality and where the Government hath been in some in the hands of Protestants and in others executed by Roman Catholicks Of this we have diverse Examples in the Cantons of Switzerland where thro the Magistrates being in some Cantons of the Reformed and in others of the Roman Catholick Religion they have not only been often hindred from joyning and acting vigorously as they ought to have done for the interest of all and the benefit of the common Confederation and Union but they have sometimes come to open ruptures and have been embarqued in War against one another And forasmuch as our Author makes bold to say That there was never any Christian Kingdom where the Religion that the Prince professeth and which had in former ages been Dominant was so far laid aside and banished that his Subjects professing the same with himself were shut out and precluded from Trusts and Employments I will take the freedom to tell him that it is so gross and palpable a Falsehood that none but a person of his ignorance and impudence would have had the face to have asserted it For there are Christian Kingdoms that have done more than this amounts unto and who to prevent the danger of having Papists preferred to Trusts and Employments in case a Prince of their Religion should come to the Throne have been so wise as to declare Roman Catholicks incapable either of obtaining or keeping the Soveraignty And it was in the vertue of such a Law and by reason of the dread of it that Christina Queen of Sweden upon the having taken up a resolution to turn Papist chose to demit her Crown before she declared her self as knowing that immediately after such a Declaration she would have been deposed from the Throne and possibly not have had so liberal an allowance assigned her afterwards as by that conduct she did obtain Nor is it unknown to any except it be to such as our Author is for natural and acquired accomplishments that there were not only Laws in Scotland for precluding a Popish Prince from coming to the Government but that the same thing was imployed in the English Oaths of Allegiance and Supremacy as being Oaths of such a frame and nature that it had been most incongruous to impose them upon Subjects to a King of the Roman Catholick Religion And tho these two Nations did not improve the advantage which they had by means of their legal provisions to hinder the present King from inheriting the Crowns of the respective Realms yet those Laws serve to inform us how far some Christian Kingdoms thought it lawful to go and to what heighth to Act not only against Popish Subjects but against Catholick Princes themselves Yea the time was that the very Papists were so far from condemning the having men of their Religion debarred from Trusts and Employments in Protestant Kingdoms under a Popish Prince that they made the Test Laws by which they are shut out from Offices and Declared incapable of them the great Argument against the necessity of having the Bill passed for excluding the Duke of York from the Crown and improved them as the main Engine for allaying the fears of the Nation under the apprehensions they had of his being a Roman Catholick and coming to the Throne But by their different Language now from what it was then all Englishmen understand how far they are to be believed in other cases and whether the many promises which they do make at this time in order to a further design and the putting a new Trick upon the Nation ought to be depended on by them whom they have already deceived And whereas upon Mijn Heer Fagel's having observed that the conduct of Roman Catholicks is much more severe towards Protestants than that of those of the Reformed Religion towards Papists our Author is pleased to reply that in order to judge as we should of that different procedure we are to consider whether it be not less just to banish a Religion that had been so long dominant as the Roman Catholick had been than to withstand the introduction of a new Religion that would depress and supplant the old All I shall say in reference to this is
who had lived and died a cordial and zealous Protestant and whosoever had muttered any thing to the contrary would have been branded for a Villain and an execrable person But with what a scent and odor must it recommend his Memory to them to consider his having not onely lived and died in the Communion of the Church of Rome in contradiction to all his publick Speeches solemn Declarations and highest Asseverations to his People in Parliament but his participating from time to time of the Sacrament as Administred in the Church of England while in the interim he had Abjured our Religion stood reconciled to the Church of Rome and had obliged himself by most sacred Vows and was endeavouring by all the Frauds and Arts imaginable to subvert the established Doctrin and Worship and set up Heresy and Idolatry in their room And it must needs give them an abhorrent Idea and Character of Popery and a loathsom representation of those trusted with the Conduct and Guidance of the Consciences of Men in the Roman Communion that they should not onely dispense with and indulge such Crimes and Villanies but proclaim them Sanctified and Meritorious from the end which they are calculated for and levelled at And for his dear Brother and renowned Successor who possessed the Throne after him I suppose his most partial Admirers who took him for a Prince not onely merciful in his Temper and imbued with all gracious Inclinations to our Laws and the Rights of the Subject but for one Orthodox in his Religion and who would prove a zealous Defender of the Doctrine Worship and Discipline of the Church established by Law are before this time both undeceived and filled with Resentments for his having abused their Credulity deceived their Expectations and reproached all their Gloryings and Boastings of him For as it would have been the greatest Affront they could have put upon the King to question his being of the Roman Communion or to detract from his Zeal for the introduction of Popery notwithstanding his own antecedent Protestations as well as the many Statutes in force for the preservation of the Reformed Religion so I must take the liberty to tell them that his Apostacy is not of so late Date as the World is made commonly to believe For though it was many Years concealed and the contrary pretended and dissembled yet it is most certain that he Abjured the Protestant Religion soon after the Exilement of the Royal Family and was reconciled to the Romish Church at St. Germains in France Nor were several of the then suffering Bishops and Clergy ignorant of this though they had neither the Integrity nor Courage to give the Nation and Church warning of it And within these five Years there was in the custody of a very worthy and honest Gentleman a Letter written to the late Bishop of D. by a Doctor of Divinity then attending upon the Royal Brothers wherein the Apostacy of the then Duke of York to the See of Rome is particularly related and an Account given how much the Dutchess of Tremoville though without being her self observed had heard the Queen Mother glorying of it bewailed it as a dishonour unto the Royal Family and as that which might prove of pernicious consequence to the Protestant Interest But though the old Queen privately rejoyced and triumphed in it yet she knew too well what disadvantage it might be both to her Son and to the Papal Cause in Great Brittain to have it at that Season communicated and divulged Thereupon it remained a Secret for many Years and by virtue of a Dispensation he sometimes joined in all Ordinances with those of the Protestant Communion But for all the Art Hypocrisy and Sacrilege by which it was endeavoured to be concealed it might have been easily discerned as manifesting it self in the whole Course of his Actions And at last his own Zeal the Importunity of the Priests and the Cunning of the late King prevailing over Reasons of State he withdrew from all Acts of Fellowship with the Church of England But neither that nor his refusing the Test enjoyned by Law for distinguishing Papists from Protestants though thereupon he was forced both to resign his Office of Lord High Admiral c. nor his declining the Oath which the Laws of Scotland for the securing a Protestant Governour enjoyn to be taken by the High Commissioner nor yet so many Parliaments having endeavoured to get him Excluded from Succession to the Crown upon the account of having revolted to the See of Rome and thereby become dangerous to the Established Religion could make impression upon a wilfully deluded and obstinate sort of Protestants but in defiance of all means of Conviction they would perswade themselves that he was still a Zealot for our Religion and a grand Patriot of the Church of England Nor could any thing undeceive them till upon his Brother's Death he had openly declared himself a Roman Catholick and afterwards in the fumes and raptures of his Victory over the late Duke of Monmouth had discovered and proclaimed his Intentions of overthrowing both our Religion and Laws Yea so closely had some sealed up their Eyes against all beams of Light and hardned themselves against all Evidences from Reason and Fact that had it pleased the Almighty God to have prospered the Duke of Monmouth's Arms in the Summer 85. the present King would have gone off the Stage with the Reputation among them of a Prince tender of the Laws of the Kingdom and who notwithstanding his own being a Papist would have preserved the Reformed Religion and have maintained the Church of England in all her Grandure and Rights And though his whole Life had been but one continued Conspiracy against our Civil Liberties and Priviledges he had left the Throne with the Character and under the Esteem of a Gentleman that in the whole course of his Government would have regulated himself by the Rules of the Constitution and the Statutes of the Realm Now among all the Methods fallen upon by the Royal Brothers for the undermining and subverting our Religion and Laws there is none that they have pursued with more Ardor and wherein they have been more successful to the compassing of their Designs than in their dividing Protestants and alienating their Affections and embittering their Minds from and against one another And had not this lain under their prospect and the means of effecting it appeared easie they might have been Papists themselves while in the mean time they had been dispensed with to protest and swear their being of the Reformed Religion and they might have envied our Liberties and bewailed their Restriction from Arbitrary and Despotical Power but they never durst have entertained a Thought of subverting the Established Religion or of altering the Civil Government nor would they ever have had the boldness to have attempted the introducing and erecting Popery and Tyranny in their room And whosoever should have put them upon reducing the Nation
impoverished and ruined by him at his pleasure especially when those whom they give up to be thus treated and entertained are at agreement with them in all the Essentials of Religion equally zealous as themselves for the Liberties of their Country and who for Sobriety in their Lives Industry in their Callings and Usefulness in the Common-Wealth are inferior to none of their Fellow-Subjects So it is obvious to any who give themselves leave to think that the King would long ere this have been stated in the Absoluteness that is aspired after and both Church and State reduced to lie at the discretion of the Monarch provided the Nonconformists for procuring his Favour in non-execution of the Laws had suffered themselves to be prevailed upon and drawn over to stand by and assist him in his Popish and Despotical Designs But that honest people though hated and maligned by their Brethren rather than be found aiding the King in his Usurpations over the Kingdom have chosen to undergoe the utmost Calamities they could be made subject unto either through the Execution of those Laws which had been made against them or through our Princes and their Ministers wrecking their Malice upon them in Arbitrary and Illegal Methods But what the Royal Brothers could not work the afflicted and persecuted Side unto they found the Art to engage the other Side in though not onely excepted from all Obnoxiousness to those Laws but strengthened and supported by them For as soon as the Court begun to despair of prevailing upon Dissenters to become their Tools and Instruments of enslaving the Nation and of exalting the Monarchy to a Despotical Absoluteness they applied to the Bigots of the Church of England whom by gratifying with a vigorous Execution of the Laws upon Dissenters they brought to abett applaud and justifie them in all those Counsels and Ways which have reduced us into that miserable condition wherein we not long since were The Clergy being advanced to Grandure and Opulency things which many of them are fonder of and lother to foregoe than Religion and the Rights of the Nation the Court made it their business to possess them with a Belief that unless the Fanaticks were suppressed and ruined they could not enjoy with Security their Dignities and Wealth Whereupon not onely the lesser Levites but the Superior Clergy having their Lesson and Cue given them from White-hall and St. James's fell upon pursuing the Nonconformists with Ecclesiastical Punishments and upon exciting and animating the Civil Officers against them And under pretence of preserving and defending the Church they gave themselves over to an implicit serving of the Court and became not onely Advocates but Instruments for the robbing of Corporations of their Charters for imposing Sheriffs upon the City of London who had not been legally elected and of fining and punishing Men arbitrarily for no Crime save the having asserted their own and the Nations Rights in modest and lawful ways Posterity will hardly believe that so many of the Prelatical Clergy and so great a number of Members of the Church of England should from an Enmity unto and pretended Jealousie of the Dissenters have become Tools under the late King for justifying the Dissolution of so many Parliaments the Invasion made upon their Priviledges the ridiculing and stifling of the Popish Plot the shamming of forged Conspiracies upon Protestants the condemning several to Death for High-Treason who could be rendred guilty by the Transgression of no known Law and finally for advancing a Gentleman to the Throne who had been engaged in a Conjuration against Religion and the Legal Government and whom three several Parliaments would have therefore Excluded from the Right of Succession And being seduced into an espousal of the Interests of the Court against Religion Parliaments and the Nation it is doleful to consider what Doctrines both from Pulpit and Press were thereupon brought forth and divulged Such as Monarchy's being a Government by Divine Right That it is in the Prince's Power to Rule as he pleaseth That it is a Grace and Condescention in the King to give an Account of what he does That for Parliaments to direct or regulate the Succession borders upon Treason and is an Offence against the Law of Nature And that the onely thing left to Subjects in case the King will Tyrannize over their Consciences Persons and Estates is tamely to suffer and as some of them did absurdly express it to exercise Passive Obedience So that by corrupting the Minds and Consciences of men with those pestilent and slavish Notions they betrayed the Nation both to the Mischiefs which have alrerdy overtaken us and to what further we were threatned with Nor did these Doctrines tend meerly to the fettering and enfeebling the Spirits of Men but they were a Temptation to the Royal Brothers to put in Execution what they had been so long contriving and travelling with and were a kind of reprimanding them for being ignorant of their own Right and Power and for not exerting it with that Vigour and Expedition which they might I do acknowledge that there were many both of the Sacred Order and of the Laick Communion of the Church of England who were far from being infected with those brutish Sentiments and Opinions and who were as zealous as any for having the Monarchy kept within its ancient limits Parliaments maintained in their wonted Reverence and Authority the Subjects preserved in the enjoyment of their immemorial Priviledges and who were far from sacrificing our Religion and Laws to Popery and Arbitrariness and from lulling us into a Tameness and Lethargy in case the Court should attempt the abolishing the established Doctrine and Worship and the subverting and changing the Civil Government But alass besides their being immediately branded with the Name of Trimmer and conformable Fanaticks and registred in the Kalender with those that stood precluded the King's Favour and merited his Animadversion their Modesty was soon drowned and silenced in the loud Noise of their clamorous Brethren and their retiredness from Conversation while the others frequented all places of Society and publick Concourse deprived the Nation of the benefit of their Example and the happiness of their Instructions Nor have I mentioned the Extravagancies of any of the Ecclesiasticks and Members of the Church of England with a design either of reproaching and upbraiding them or of provoking and exasperating the Dissenters to Resentments but onely to shew how fatal our Divisions have been unto us what excesses they have occasioned our being hurried and transported into and what mischievous Improvement our Enemies have made of them to the supplanting and almost subverting of all that is valuable unto us as we are English-men Christians and Protestants And as our Animosities through our Divisions gave the Courrt an advantage of suborning that Party which they pretended to befriend and uphold into a Ministration to all their Counsels and Projections against our Religion and Laws so by reason of the
of his Understanding fully declares it However here is such a stroke and exercise of Absolute power as Dissolves the Government and brings us all into a State of Nature by discharging us from the ties which by virtue of Fundamental Stipulations and Statute Laws we formerly lay under forasmuch as we know no King but a King by Law nor no Power he hath but a legal Power Which through disclaiming by a challenge that the whole Legislative Authority does reside in himself he hath thrown the Gantler to three Kingdoms and provokes them to a tryal whether he be ablest to maintain his Absoluteness or they to justifie their being a free People And by virtue of the same Royal will and pleasure that he annuls which he calls suspending the Laws enjoyning the Tests and the Oaths of Allegiance and Supremacy and commands that none of these Oaths and Declarations shall at any time hereafter be required to be taken he may in some following Royal Papers give us White-hall or Hampton Court Edicts conformable to those at Verfailles which at all times hereafter we shall be bound to submit unto and stand obliged to be ruled by instead of the Common Law and Statute Book Nor is the taking upon him to stamp us new Laws exclusively of Parliamentary concurrence in the virtue of his Royal Prerogative any thing more uncouth in it self or more disagreeable to the Rules of the Constitution and what we have been constantly accustomed unto than the cassing disabling and abrogating so many old ones which that obsolete out of date as well as ill favoured thing upon Monarchs called a Parliament had a share in the enacting of I will not say that our Addressers were conscious that the getting an Absolute Power in his Majesty to be owned and acknowledged was one of the Ends for which the late Declaration was calculated and emitted but I think I have sufficiently demonstrated both that such a power it issueth and flows from and that such a power is plainly exercised in it Which whether their coming now to be told and made acquainted with it may make them repent what they have done or at least prevent their being accessory to the support of this Power in other mischievous effects that are to be dreaded from it I must leave to time to make the discovery it being impossible to foretell what a People fallen into a phrenzie may do in their paroxisms of distraction and madness Nor was the scruing himself into the possession of an Absolute power and the getting it to be owned by at least a part of the people the only Motive to the publishing the Declaration for Liberty of Conscience in England and the Proclamation for a Toleration in Scotland but a second inducement that sway'd unto it was the undermining and subverting the Protestant Religion and the opening a door for the introduction and establishment of Popery Nor was it from any compassion to Dissenters that these two Royal Papers were emitted but from his Majesty's tender love to Papists to whom as there arise many advantages for the present so the whole benefit will be found to redound to them in the issue We are told as I have already mentioned that the King is resolved to convert England or to die a Martyr and we may be sure that if he did not think the suspending the penal Laws and the dispensing with requiring of the Tests and the granting Liberty and Toleration to be means admirably adapted thereunto he would not have acted so inconsistently with himself nor in that opposition to his own designs as to have disabled these Laws and vouchsafed the Freedom that results thereupon Especially when we are told by the Liege Jesuit that the King being sensible of his growing old finds himself thereby obliged to make the greater haste and to take the larger steps lest through not living long enough to effect what he intends he should not only lose the glory of converting three Kingdoms but should leave the Papists in a worse condition than he found them His Highness the Prince of Orange very justly concludes this to be the thing aim'd at by the present Indulgence and therefore being desired to approve the Suspension of the Test Acts and to co-operate with his Majesty for the obtaining their being Repealed was pleased to answer That while he was as well as professeth himself a Protestant he would not act so unworthily as to betray the Protestant Religion which he necessarily must if he should do as he was desired Her Royal Highness the Princess of Orange has likewise the same apprehension of the tendency of the Toleration and Indulgence and therefore was pleased to say to some Scots Ministers that did themselves the honor and performed the duty that became them in going to wait upon her that she greatly commended their having no accession to the betraying of the Protestant Religion by their returning home to take the benefit of the Toleration What an indelible Reproach will it be to a company of men that pretend to be set for the defence of the Gospel and who stile themselves Ministers of Jesus Christ to be found betraying Religion thro justifying the Suspension of so many Laws whereby it was established and supported and whereby the Kingdoms were fenced about and guarded against Popery while these two noble Princes to the neglect of their own Interest in His Majesty's Favour and to the provoking him to do them all the prejudice he can in their Right of Succession to the Imperial Crown of Great Britain do signifie their open dislike of that Act of the King and that not only upon the account of its Illegality and Arbitrariness but by reason of its tendency to supplant and undermine the Reformed Religion And they are strangely blind that do not see how it powerfully operates and conduceth to the effecting of this and that in more ways and methods than are easie to be recounted For thereby our divisions are not only kept up at a time when the united Counsels and strength of all Protestants is too little against the craft and power of Rome but they who have Addressed to thank the King for his Royal Papers and become a listed and enrolled Faction to abet and stand by the King in all that naturally follows to be done for the maintaining his Declaration and justifying of the usurped Authority from which it issues 'T is matter of a melancholy consideration and turns little to the credit of Dissenters that when they of the Church of England who had with so great indiscretion promoted things to that pass which an easie improvement of would produce what hath since ensued are through being at last enlightned in the designs of the Court come so far to recover their wits as that they can no longer do the service they were wont and which was still expected from them there should be a new Tribe of men muster'd up to stand in their room and who by their
which they do evidently show that they are restrained by no Rules or Law whatsoever but that they have subjected the Honors and Estates of the Subjects and the establish'd Religion to a Despotick Power and to Arbitrary Government in all which they are served and seconded by those Ecclesiâ—stical Commissioners They have also followed the same Methods with relation to Civil Affairs For they have procured orders to examine all Lords-Lieutenants Deputy-Lieutenants Sheriffs Justices of Peace and all others that were in any publick Imployment if they would concur with the King in the Repeal of the Test and Penal Laws and all such whose Consciences did not suffer them to comply with their Designs were turned out and others were put in their places who they believed would be more compliant to them in their designs of defeating the intent and Execution of those Laws which had been made with so much Care and Caution for the Security of the Protestant Religion And in many of these places they have put professed Papists tho the Law has disabled them and warranted the Subjects not to have any regard to their Order They have also invaded the Privileges and seised on the Charters of most of those Towns that have a right to be represented by their Burgesses in Parliament and have procured Surrenders to be made of them by which the Magistrates in them have delivered up all their Rights and Privileges to be disposed of at the Pleasure of those Evil Counsellors who have thereupon placed new Magistrates in those Towns such as they can most entirely confide in and in many of them they have put Popish Magistrates notwithstanding the Incapacities under which the Law has put them And whereas no Nation whatsoever can subsist without the Administration of good and impartial Justice upon which Men Lives Liberties Honors and Estates do depend those Evil Counsellors have subjected these to an Arbitrary and Despotick Power In the most important Affairs they have studied to discover before-hand the Opinions of the Judges and have turned out such as they found would not conform themselves to their Intentions and have put others in their places of whom they were more assured without having any regard to their Abilities And they have not stuck to raise even professed Papists to the Courts of Judicature notwithstanding their Incapacity by Law and that no regard is due to any Sentences flowing from them They have carried this so far as to deprive such Judges who in the common Administration of Justice shew that they were governed by their Consciences and not by the Directions which the others gave them By which it is apparent that they design to render themselves the absolute Masters of the Lives Honors and Estates of the Subjects of what Rank or Dignity soever they may be and that without having any regard either to the Equity of the Cause or to the Consciences of the Judges whom they will have to submit in all things to their own Will and Pleasure hoping by such ways to intimidate those other Judges who are yet in Imployment as also such others as they shall think fit to put in the rooms of those whom they have turned out and to make them see what they must look for if they should at any time act in the least contrary to their good liking and that no Failings of that kind are pardoned in any Persons whatsoever A great deal of Blood has been shed in many places of the Kingdom by Judges governed by those Evil Counsellors against all the Rules and Forms of Law without so much as suffering the Persons that were accused to plead in their own Defence They have also by putting the Administration of Justice in the Hands of Papists brought all the Matters of Civil Justice into great Uncertainties with how much exactness and Justice soever that these Sentences may have been given For since the Laws of the Land do not only exclude Papists from all places of Judicature but have put them under an Incapacity none are bound to acknowledge or to obey their Judgments and all Sentences given by them are null and void of themselves so that all Persons who have been cast in Trials before such Popish Judges may justly look on their pretended Sentences as having no more Force than the Sentences of any private and unauthorised Person whatsoever So deplorable is the case of the Subjects who are obliged to answer to such Judges that must in all things stick to the Rules which are set them by those Evil Counsellors who as they raised them up to those Imployments so can turn them out of them at pleasure and who can never be esteemed Lawful Judges so that all their Sentences are in the Construction of the Law of no Force and Efficacy They have likewise disposed of all Military Imployments in the same manner For tho the Laws have not only excluded Papists from all such Imployments but have in particular provided that they should be disarmed yet they in contempt of those Laws have not only armed the Papists but have likewise raised them up to the greatest Military Trusts both by Sea and Land and that Strangers as well as Natives and Irish as well as English that so by these means they having rendered themselves Masters both of the Affairs of the Church of the Government of the Nation and of the course of Justice and subjected them all to a Despotick and Arbitrary Power they might be in a capacity to maintain and execute their wicked Designs by the assistance of the Army and thereby to enslave the Nation The dismal Effects of this Subversion of the established Religion Laws and Liberties in England appear more evidently to us by what we see done in Ireland where the whole Government is put into the hands of Papists and where all the Protestant Inhabitants are under the daily Fears of what may be justly apprehended from the Arbitrary Power which is set up there which has made great Numbers of them leave that Kingdom and abandon their Estates in it remembering well that Cruel and Bloody Massacre which fell out in that Island in the year 1641. Those Evil Counsellors have also prevailed with the King to declare in Scotland that he is cloathed with Absolute Power and that all the Subjects are bound to obey him without Reserve upon which he has assumed an Arbitrary Power both over the Religion and Laws of that Kingdom from all which it is apparent what is to be looked for in England as soon as Matters are duly prepared for it Those great and insufferable Oppressions and the open Contempt of all Law together with the Apprehensions of the said Consequences that must certainly follow upon it have put the Subjects under great and just Fears and have made them look after such lawful Remedies as are allowed of in all Nations yet all has been without effect And those Evil Counsellors have endeavored to make all Men apprehend the loss of
Orange designs the King's safety and preservation and hope all things may be composed without more Blood-shed by the calling a Parliament God grant a happy End to these Troubles that the King's Reign may be prosperous and that I may shortly meet You in perfect peace and safety till when let me beg You to continue the same favourable Opinion that You have hitherto had of Your most Obedient Daughter and Servant ANNE A Memorial of the Protestants of the Church of England Presented to their Royal Highnesses the Prince and Princess of Orange YOur Royal Highnesses cannot be ignorant that the Protestants of England who continue true to their Religion and the Government Established by Law have been many ways troubled and vexed by restless contrivances and designs of the Papists under pretence of the Royal Authority and things required of them unaccountable before God and Man Ecclesiastical Benefices and Preferments taken from them without any other Reason but the King's Pleasure that they have been summoned and sentenced by Ecclesiastical Commissioners contrary to Law deprived of their Birth-Right in the free Choice of their Magistrates and Representatives divers Corporations dissolved the Legal Security of our Religion and Liberty established and ratified by King and Parliament annull'd and overthrown by a pretended Dispensing Power new and unheard of Maxims have been preached as if Subjects had no Right but what depends on the King's Will and Pleasure The Militia put into the Hands of persons not qualified by Law and a Popish Mercenary Army maintained in the Kingdom in time of Peace absolutely contrary to Law The Execution of the Law against several high Crimes and Misdemeanours superseded and prohibited the Statutes against Correspondence with the Court of Rome Papal Jurisdiction and Popish Priests suspended that in Courts of Justice those Judges are displaced who dare acquit them whom the King would have Condemned as happened to Judg Powel and Holloway for acquitting the Seven Bishops Liberty of chusing Members of Parliament notwithstanding all the Care taken and Provision made by Law on that behalf wholly taken away by Quo Warranto's served against Corporations and the three known Questions All things carried on in open view for the Propagation and Growth of Popery for which the Courts of England and France have so long joyntly laboured with so much Application and Earnestness Endeavours used to perswade your Royal Highnesses to consent to Liberty of Conscience and abrogating the Penal Laws and Tests wherein they fell short of their aim That they most humbly implore the Protection of your Royal Highnesses as to the 〈◊〉 ending and incroachments made upon the Law for maintenance of the Protestant Religion our Civil and Fundamental Rights and Priviledg and that Your Royal Highness would be pleased to insist that the Free Parliament of England according to Law may be restored the Laws against Papists Priests Papal Jurisdiction c. put in Execution and the Suspending and Dispensing Power declared null and void the Rights and Priviledges of the City of London the free Choice of their Magistrates and the Liâ—â—â—ties as well of that as other Corporations restored and all things returned to their 〈◊〉 Channel c. Admiral Herbert 's Letter to all Commanders of Ships and Seamen in His Majesties Fleet. Gentlemen I Have little to add to what his Highness has express'd in general Terms besides laying before you the dangerous way you are at present in where Ruin or Infamy must inevitably attend you if you don't joyn with the Prince in the Common Cause for the Defence of your Religion and Liberties for should it please God for the sins of the English Nation to suffer your Arms to prevail to what can your Victory serve you but to enslave you deeper and overthrow the true Religion in which you have liv'd and your Fathers dy'd Of which I beg you as a Friend to consider the Consequences and to reflect on the Blot and Infamy it will bring on you not only now but in all After-Ages That by Your means the Protestant Religion was destroy'd and your Country depriv'd of its Ancient Liberties And if it pleases God to bless the Prince's Endeavours with success as I don't doubt but he will consider then what their Condition will be that oppose him in this so good a Design where the greatest Favour they can hope for is their being suffer'd to end their Days in Misery and Want detested and despised by all good Men. It is therefore and for many more Reasons too long to insert here that I as a true English-man and your Friend exhort you to joyn your Arms to the Prince for the Defence of the Common Cause the Protestant Religion and the Liberties of your Country It is what I am well assured the major and best part of the Army as well as the Nation will do so soon as convenience is offered Prevent them in so good an Action whilst it is in your power and may it appear That as the Kingdom hath always depended on the Navy for its Defence so you will yet go further by making it as much as in you lies the Protection of her Religion and Liberties and then you may assure your selves of all Marks of Favour and Honour suitable to the Merits of so great and glorious an Action After this I ought not to add so inconsiderable a thing as that it will for ever engage me to be in a most particular manner Your faithful Friend and humble Servant AR. HERBERT Aboard the Leyden in the Gooree Lord Delamear 's Speech THE occasion of this is to give you my Thoughts upon the present Conjuncture which concerns not only you but every Protestant and Free-born Man of England I am confident that wishes well to the Protestant Religion and his Country and I am perswaded that every Man of you thinks both in danger and now to lie at stake I am also perswaded that every Man of you will rejoyce to see Religion and Property settled if so then I am not mistaken in my Conjectures concerning you Can you ever hope for a better Occasion to root out POPERY and SLAVERY than by joining with the P. of O. whose Proposals contain and speak the Desires of every Man that loves his Religion and Liberty And in saying this I will invite you to nothing but what I will do my self and I will not desire any of you to go any further than I will move my self neither will I put you upon any Danger where I will not take share in it I propose this to you not as you are my Tenants but as my Friends and as you are Englishmen No Man can love Fighting for its own sake nor find any pleasure in danger And you may imagine I would be very glad to spend the rest of my days in peace I having had so great a share in Troubles but I see all lies at stake I am to chuse whether I will be a Slave and a Papist or a
in your Kingdoms as here in the Roman Empire But now we refer it even to your Majesty to judg what condition we can be in to afford you any Assistance we being not only Engaged in a War with the Turks but finding our selves at the same time unjustly and barbarously Attacked by the French contrary to and against the Faith of Treaties they then reckoning themselves secure of England And this ought not to be concealed that the greatest Injuries which have been done to our Religion have flowed from no other than the French themselves who not only esteem it lawful for them to make perfidious Leagues with the sworn Enemies of the Holy Cross tending to the destruction both of us and of the whole Christian World in order to the checking our Endeavours which were undertaken for the glory of God and to stop those Successes which it hath pleased Almighty God to give us hitherto but further have heaped one Treuchery upon another even within the Empire it self The Cities of the Empire which were Surrendred upon Articles signed by the Dauphin himself have been exhausted by excessive Impositions and after their being exhausted have been Plundred and after Plundring have been Burned and Razed The Palaces of Princes which in all times and even in the most destructive Wars have been preserved are now burnt down to the ground The Churches are Robbed and such as submitted themselves to them are in a most Barbarous manner carried away as Slaves In short It is become a Diversion to them to commit all manner of Insolences and Cruelties in many places but chiefly in Catholick Countries exceeding the Cruelties of the Turks themselves which having imposed an absolute necessity upon us to secure our selves and the holy Roman Empire by the best means we can think on and that no less against them than against the Turks we promise our selves from your Justice ready assent to this That it ought not to be imputed to us if we endeavour to procure by a just War that security to our selves which we could not hitherto obtain by so many Treaties and that in order to the obtaining thereof we take measures for our mutual Defence of Preservation with all those who are equally concerned in the same Design with us It remains that we beg of God that he would Direct all things to his glory and that he would grant your Majesty true and solid Comforts under this your great Calamity we embrace you with tender Affections of a Brother At Vienna the 9th of April 1689. The Declaration of the Lords Spiritual and Temporal and Commons Assembled at Westminster concerning the Misgovernment of King James and filling up the Throne Presented to King William and Queen Mary by the right Honourable the Marquess of Hallifax Speaker to the House of Lords With His Majesties most gracious Answer thereunto WHereas the late King James the Second by the Assistance of divers Evil Counsellors Judges and Ministers Imploy'd by Him did endeavour to Subvert and Extirpate the Protestant Religion and the Laws and Liberties of this Kingdom By Assuming and Exercising a Power of Dispensing with and Suspending of Laws and the Execution of Laws without consent of Parliament By Committing and Prosecuting divers Worthy Prelates for humbly Petitioning to be Excused from concurring to the said assumed Power By 〈◊〉 and causing to be executed a Commission under the great Seal for erecting a Court called The Court of Commissioners for Ecclesiastical Causes By Levying Mony for and to the Use of the Crown by pretence of Prerogative for other time and in other manner than the same was granted by Parliament By raising and keeping a standing Army within this Kingdom in the time of Peace whithout consent of Parliament and Quartering Soldiers contrary to Law By causing several good Subjects being Protestants to be Disarmed at the same time when Papists were both Armed and Imployed contrary to Law By violating the Freedom of Election of Members to serve in Parliament By Prosecutions in the Court of King's-Bench for Matters and Causes cognizable only in Parliament and by divers other Arbitrary and Illegal Courses And whereas of late Years Partial Corrupt and Unqualified Persons have been returned and served on Juries in Tryals and particularly divers Jurors in Tryals for High-Treason which were not Free-holders And Excessive Bail hath been required of Persons committed in Criminal Cases to elude the Benefit of the Laws made for the Liberty of the Subjects And Excessive Fines have been Imposed And Illegal and Cruel Punishments inflicted And several Grants and Promises made of Fines and Forfeitures before any Convictions or Judgment against the Persons upon whom the same were to be Levied All which are utterly and directly contrary to the known Laws and Statutes and Freedom of this Realm And whereas the said late K. James the Second having abdicated the Government and the Throne being thereby vacant His Highness the Prince of Orange whom it hath pleased Almighty God to make the glorious Instrument of Delivering this Kingdom from Popery and Arbitrary Power did by the Advice of the Lords Spiritual and Temporal and divers principal Persons of the Commons cause Letters to be written to the Lords Spiritual and Temporal being Protestants and other Letters to the several Counties Cities Universities Burroughs and Cinque-Ports for the Chusing of such Persons to represent them as were of Right to be sent to Parliament to Meet and Sit at Westminster upon the 22d Day of January in this Year 1688 in order to such an Establishment as that their Religion Laws and Liberties might not again be in danger of being Subverted Upon which Letters Elections having been accordingly made And thereupon the said Lord's Spiritual and Temporal and Commons pursuant to their respective Letters and Elections being now Assembled in a Full and Free Representative of this Nation taking into their most serious Consideration the best Means for attaining the Ends aforesaid do in the first place as their Ancestors in like Case have usually done for the Vindicating and Asserting their Ancient Rights and Liberties Declare That the pretended Power of Suspending of Laws or the Execution of Laws by Regal Authority without Consent of Parliament is Illegal That the pretended Power of Dispensing with Laws or the Execution of Laws by Regal Authority as it hath been assumed and exercised of late is Illegal That the Commission for erecting the late Court of Commissioners for Ecclesiastical Causes and all other Commissions and Courts of the like Nature are Illegal and Pernicious That levying of Mony for or to the Use of the Crown by pretence of Prerogative without grant of Parliament for longer time or in other manner than the same is or shall be granted is Illegal That it is the Right of the Subjects to Petition the King and all Commitments and Prosecutions for such Petitioning are Illegal That the Raising or Keeping a standing Army within the Kingdom in time of Peace unless it be with
3. By taking the Children of Protestant Noblemen and Gentlemen sending them abroad to be bred Papists making great Funds and Donations to Popish Schools and Colleges abroad bestowing Pensions on Priests and perverting Protestants from their Religion by Offers of Places Preferments and Pensions 4. By disarming Protestants while at the same time he employed Papists in the Places of greatest Trust Civil and Military such as Chancellor Secretaries Privy Councellors and Lords of Session thrusting out Protestants to make room for Papists and intrusting the Forts and Magazines of the Kingdom in their hands 5. By Imposing Oaths contrary to Law 6. By giving Gifts and Grants for exacting of Mony without Consent of Parliament or Convention of Estates 7. By Levying and keeping on foot a standing Army in time of Peace without consent of Parliament which Army did exact Locality free and day Quarters 8. By Employing the Officers of the Army as Judges through the Kingdom and imposing them where there were held Offices and Jurisdictions by whom many of the Leiges were put to Death summarily without legal Tryal Jury or Record 9. By imposing exorbitant Fines to the Value of the Parties Estates exacting extravagant Bail and disposing Fines and Forfaulture before any Process or Conviction 10. By Imprisoning Persons without expressing the Reason and delaying to put them to Tryal 11. By causing pursue and forfault several Persons upon stretches of old and obsolete Laws upon frivolous and weak pretences upon lame and defective Probations as particularly the late Earl of Argyle to the scandal and reproach of the Justice of the Nation 12. By Subverting the Right of the Royal Boroughs the Third Estate of Parliament imposing upon them not only Magistrates but also the whole Town Council and Clerks contrary to the Liberties and express Charters without the pretence either of Sentence Surrender or Consent So that the Commissioners to Parliaments being chosen by the Magistrates and Councils the King might in effect as well nominate that entire Estate of Parliament many of the said Magistrates put in by him were avowed Papists and the Burghs were forced to pay Mony for the Letters imposing these Illegal Magistrates and Council upon them 13. By sending Letters to the chief Courts of Justice not only ordering the Judges to stop and desist sine die to determine Causes but also ordering and commanding them how to proceed in Cases depending before them contrary to the express Laws And by changing the Nature of the Judges Gifts ad vitam aut culpam and giving them Commissions ad bene placitum to dispose them to compliance by Arbitrary Courses turning them out of their Offices when they did not comply 14. By granting Personal Protections for Civil Debts contrary to Law All which are utterly and directly contrary to the known Laws Freedoms and Statutes of this Realm Therefore the Estates of the Kingdom of Scotland find and declare That King James the Seventh being a profest papist did assume the Regal Power and acted as a King without ever taking the Oath required by Law and have by advice of Evil and Wicked Counsellors invaded the Fundamental Constitution of the Kingdom and altered it from a Legal limited Monarchy to an Arbitrary and Despotick Power and hath exercised the same to the subversion of the Protestant Religion and the violation of the Laws and Liberties of the Kingdom Inverting all the Ends of Government whereby he hath forfaulted the Right to the Crown and the Throne is become vacant And whereas his Royal Highness William then Prince of Orange now King of England whom it hath pleased the Almighty God to make the glorious Instrument of delivering these Kingdoms from Popery and Arbitrary Power did by advice of several Lords and Gentlemen of this Nation at London for the time call the Estates of this Kingdom to meet the Fourteenth of March last in order to such an Establishment as that their Religion Laws and Liberties might not be again in danger of being subverted And the said Estates being now assembled in a full and free Representative of this Nation taking to their most serious consideration the best means for attaining the Ends aforesaid Do in the first place as their Ancestors in the like cases have usually done for the vindicating and asserting their Ancient Rights and Liberties declare That by the Law of this Kingdom no Papist can be King or Queen of the Realm nor bear any Office whatsoever therein nor can any Protestant Successor exercise the Regal Power until he or she swear the Coronation Oath That all Proclamations asserting an Absolute Power to cass annul and disable Laws the erecting Schools and Colleges for Jesuits the inverting Protestant Chapels and Churches to publick Mass-houses and the allowing Mass to be said are contrary to Law That the allowing Popish Books to be printed and dispersed is contrary to Law That the taking the Children of Noblemen Gentlemen and others sending and keeping them abroad to be bred Papists The making Funds and Donations to Popish Schools and Colleges the bestowing Pensions on Priests and the perverting Protestants from their Religion by offers of Places Preferments and Pensions are contrary to Law That the disarming of Protestants and imploying Papists in the Places of greatest Trust both Civil and Military the thrusting out Protestants to make room for Papists and the entrusting Papists with the Forts and Magazines of the Kingdom are contrary to Law That the Imposing Oaths without Authority of Parliament is contrary to Law That the giving Gifts or Grants for raising of Mony without the Consent of Parliament or Convention of Estates is contrary to Law That the employing Officers of the Army as Judges through the Kingdom or imposing them where there were several Offices and Jurisdictions and the putting the Lieges to death summarily and without legal Tryal Jury or Record are contrary to Law That the imposing extraordinary Fines the exacting of exorbitant Bail and the disposing of Fines and Forfaultures before Sentence are contrary to Law That the Imprisoning Persons without expressing the reason thereof and delaying to put them to Tryal are contrary to Law That the causing pursue and forfault Persons upon Stretches of old and obsolete Laws upon frivolous and weak Pretences upon lame and defective Probation as particularly the late Earl of Argyle are contrary to Law That the nominating and imposing Magistrates Councils and Clerks upon Burghs contrary to the Liberties and express Charters is contrary to Law That the sending Letters to the Courts of Justice ordaining the Judges to stop or desist from determining Causes or ordaining them how to proceed in Causes depending before them and the changing the Nature of the Judges Gifts ad vitam aut culpam unto Commissions Durante bene placito are contrary to Law That the granting Personal Protections for Civil Debts is contrary to Law That the forcing the Lieges to depone against themselves in Capital Crimes however the Punishment be restricted is contrary to Law
That the using Torture without Evidence or in ordinary Crimes is contrary to Law That the sending of an Army in a Hostile manner upon any part of the Kingdom in a peaceable time and exacting of Locality and any manner of free Quarter is contrary to Law That the charging the Lieges with Law-burroughs at the King's instance and the imposing of Bands without the Authority of Parliament and the suspending the Advocates from their Imployments for not compearing when such Bands were offered were contrary to Law That the putting of Garisons on private Mens Houses in a time of peace without the consent of the Authority of Parliament is contrary to Law That the opinion of the Lords of Session in the two Causes following were contrary to Law viz. 1. That the concerting the demand of a Supply for a Forfaulted Person although not given is Treason 2. That Persons refusing to discover what are their private thoughts and judgments in relation to points of Treason or other Mens actions are guilty of Treason That the fining Husbands for their Wives withdrawing from the Church was contrary to Law That Prelacy and Superiority of any Office in the Church above Presbyters is and hath been a great and unsupportable Grievance and Trouble to this Nation and contrary to the Inclinations of the Generality of the People ever since the Reformation they having Reformed from Popery by Presbyters and therefore ought to be abolished That it is the Right and Privilege of the Subjects to protest for remand of Law to the King and Parliament against Sentences pronounced by the Lords of Session providing the same do not stop execution of the said Sentences That it is the Right of the Subjects to Petition the King and that all Imprisonments and Prosecutions for such Petitions are contrary to Law That for redress of all Grievances and for the amending strengthning and preserving of the Laws Parliaments ought to be frequently called and allowed to sit and the freedom of Speech and Debate secured to the Members And they do claim and demand and insist upon all and sundry the Premisses as their undoubted Right and Liberties and that no Declarations Doings or Proceedings to the prejudice of the People in any of the said Premisses ought in any ways to be drawn hereafter in consequence and example but that all Forfaultures Fines loss of Offices Imprisonments Banishments Pursuits Persecutions and Rigorous Executions be considered and the Parties seized be redressed To which demand of the Rights and Redressing of their Grievances they are particularly incouraged by his Majesty the King of England his Declaration for the Kingdom of Scotland of the _____ day of October last as being the only means for obtaining a full Redress and remead therein Having therefore an entire Confidence That his said Majesty the King of England will perfyte the Deliverance so far advanced by him and will still preserve them from the Violation of the Rights which they have here asserted and from all other Attempts upon their Religion Laws and Liberties The said Estates of the Kingdom of Scotland do resolve That William and Mary King and Queen of England France and Ireland â—e and Be Declared King and Queen of Scotland to Hold the Crown and Royal Dignity of the said Kingdom of Scotland to them the said King and Queen during their Lives and the longest Liver of them and that the sole and full exercise of the Royal Power be only in and exercised by him the said King in the Names of the said King and Queen during their joynt lives And after their deceases the said Crown and Royal Dignity of the said Kingdom to be to the Heirs of the Body of the said Queen Which failing to the Princess Ann of Denmark and the Heirs of her Body Which also failing to the Heirs of the Body of the said William King of England And they do pray the said King and Queen of England to accept the same accordingly And that the Oath hereafter mentioned be taken by all Protestants of whom the Oath of Allegiance and any other Oaths and Declarations might be required by Law instead thereof And that the said Oath of Allegiance and other Oaths and Declarations may be Abrogated I A. B. Do sincerely Promise and Swear That I will be Faithful and bear True Allegiance to Their Majesties King William and Queen Mary So help me God A Proclamation declaring William and Mary King and Queen of England to be King and Queen of Scotland Edinburgh April 11. 1689. WHereas the Estates of this Kingdom of Scotland by their Act of the Date of these Presents have Resolved That WILLIAM and MARY King and Queen of England France and Ireland Be and Be declared King and Queen of Scotland to hold the Crown and Royal Dignity of the said Kingdom of Scotland to them the said King and Queen during their Lives and the longest Liver of Them and that the Sole and Full Exercise of the Regal Power be only in and Exercised by the said King in the Names of the said King and Queen during their joynt Libes As also the Estates having Resolved and Enacted an Instrument of Government or Claim of Right to be presented with the Offer of the Crown to the said King and Queen They do Statute and Ordain that William and Mary King and Queen of England France and Ireland be accordingly forthwith Proclaimed King and Queen of Scotland at the Mercat Cross of Edinburgh by the Lyon King at Arms or his Deputs his Brethren Heraulds Macers and Pursevants and at the Head-Burghs of all the Shires Stewarties Bailliaries and Regalities within the Kingdom by Messengers at Arms. Extracted forth of the Meeting of the Estates by me Ja. Dalrymple Cls. God save King WILLIAM and Queen MARY The Manner of the King and Queen taking the Scotish Coronation Oath May 11. 1689. THis day being appointed for the publick Reception of the Commissioners viz. The Earl of Argyle Sir James Montgomery of Skelmerly and Sir John Dalrymple of Stair younger who were sent by the Meeting of the Estates of Scotland with an Offer of the Crown of that Kingdom to Their Majesties they accordingly at three of the Clock met at the Council-Chamber and from thence were Conducted by Sir Charles Cotterel Master of the Ceremonies attended by most of the Nobility and Gentry of that Kingdom who reside in and about this place to the Banqueting-House where the King and Queen came attended by many Persons of Quality the Sword being carried before them by the Lord Cardrosse and Their Majesties being placed on the Throne under a Rich Canopy they first presented a Letter from the Estates to his Majesty then the Instrument of Government Thirdly a Paper containing the Grievances which they desired might be Redressed and Lastly an Address to His Majesty for turning the Meeting of the said Estates into a Parliament All which being Signed by his Grace the Duke of Hamilton as President of the Meeting and
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
such Assemblies which times are as ancient as any Memory of the Nation it self hence I infer that no Summons from the King can be thought to have been necessary in those days because it was altogether needless Secondly The Succession to the Crown did not in those days nor till of late years run in a course of Lineal Succession by right of Inheritance But upon the death of a Prince those Persons of the Realm that Composed the then Parliament Assembled in order to the choosing of another That the Kingdom was then Elective though one or other of the Royal Blood was always chosen but the next in Lineal Succession very seldom is evident from the Genealogies of the Saxon Kings from an old Law made at Calchuyth appointing how and by whom Kings shall be chosen and from many express and particular Accounts given by our old Historians of such Assemblies held for Electing of Kings Now such Assemblies could not be Summon'd by any King and yet in conjunction with the King that themselves set up they made Laws binding the King and all the Realm Thirdly After the Death of King William Rufus Robert his Elder Brother being then in the Holy Land Henry the younger Son of King William the First procured an Assembly of the Clergy and People of England to whom he made large Promises of his good Government in case they would accept of him for their King and they agreeing that if he would restore to them the Laws of King Edward the Confessor then they would consent to make him their King He swore that he would do so and also free them from some oppressions which the Nation had groan'd under in his Brothers and his Fathers time Hereupon they chose him King and the Bishop of London and the Archbishop of York set the Crown upon his Head Which being done a Confirmation of the English Liberties passed the Royal Assent in that Assembly the same in substance though not so large as King John's and King Henry the Third's Magna Charta's afterwards were Fourthly After that King's Death in such another Parliament King Stephen was Elected and Mawd the Empress put by though not without some stain of perfidiousness upon all those and Stephen himself especially who had sworn in her Fathers Life-time to acknowledge her for their Soveraing after his decease Fifthly In King Richard the First 's time the King being absent in the Holy Land and the Bishop of Ely then his Chancellor being Regent of the Kingdom in his Absence whose Government was intolerable to the People for his Insolence and manifold Oppressions a Parliament was convened at London at the Instance of Earl John the Kings Brother to treat of the great and weighty affairs of the King and Kingdom in which Parliament this same Regent was depos'd from his Government and another set up viz. the Arch-Bishop of Roan in his stead This Assembly was not conven'd by the King who was then in Palaestine nor by any Authority deriv'd from him for then the Regent and Chancellor must have call'd them together but they met as the Historian says expresly at the Instance of Earl John And yet in the Kings Absence they took upon them to settle the publick Affairs of the Nation without Him Sixthly When King Henry the 3d. died his Eldest Son Prince Edward was then in the Holy Land and came not home till within the third year of his Reign yet immediately upon the Fathers Death all the Prelates and Nobles and 4 Knights for every Shire and 4 Burgesses for every Borough Assembled together in a great Council and setled the Government till the King should return Made a new Seal and a Chancellor c. I infer from what has been said that Writs of Summons are not so Essential to the being of Parliaments but that the People of England especially at a time when they cannot be had may by Law and according to our old Constitution Assemble together in a Parliamentary way without them to treat of and settle the publick Affairs of the Nation And that if such Assemblies so conven'd find the Throne Vacant they may proceed not only to set up a Prince but with the Assent and Concurrence of such Prince to transact all Publick business whatsoever without a new Election they having as great Authority as the People of England can deligate to their Representatives II. The Acts of Parliaments not Formal nor Legal in all their Circumstances are yet binding to the Nation so long as they continue in Force and not liable to be questioned as to the Validity of them but in subsequent Parliaments First The two Spencers Temp. Edvardi Secundi were banished by Act of Parliament and that Act of Parliament repealed by Dures Force yet was the Act of Repeal a good Law till it was Annulled 1 Ed. 3. Secondly Some Statutes of 11 Rich. 2. and attainders thereupon were repealed in a Parliament held Ann. 21. of that King which Parliament was procured by forced Elections and yet the Repeal stood good till such time as in 1 Henry 4. the Statutes of 11 Rich. 2. were revived and appointed to be firmly held and kept Thirdly The Parliament of 1 Hen. 4. consisted of the same Knights Citizens and Burgesses that had served in the then last dissolved Patliament and those Persons were by the Kings Writts to the Sheriffs commanded to be returned and yet they passed Acts and their Acts tho never confirmed continue to be Laws at this day Fourthly Queen Mary's Parliament that restored the Popes Supremacy was notoriously known to be pack'd inso much that it was debated in Queen Elizabeth's time whether or no to declare all their Acts void by Act of Parliament That course was then upon some prudential considerations declined and therefore the Acts of that Parliament not since repealed continue binding Laws to this day The reason of all this is Because no inferiour Courts have Authority to judge of the Validity or Invalidity of the Acts of such Assemblies as have but so much as a colour of Parliamentary Authority The Acts of such Assemblies being Entred upon the Parliament-Roll and certified before the Judges of Westminster-Hall as Acts of Parliament are conclusive and binding to them because Parliaments are the only Judges of the Imperfections Invalidities Illegalities c. of one another The Parliament that call'd in King Charles the Second was not assembled by the Kings Writ and yet they made Acts and the Royal assent was had to them many of which indeed were afterwards confirmed but not all and those that had no Confirmation are undoubted Acts of Parliament without it and have ever since obtained as such Hence I inferr that the present Convention may if they please assume to themselves a Parliamentary Power and in conjunction with such King or Queen as they shall declare may give Laws to the Kingdom as a legal Parliament The Thoughts of a Private Person about the Justice of the Gentlemens Vndertaking
owe Arbitraty Allegiance Allegiance is more in some Places and less in others but no Man can owe so much Duty to his Prince as not to have a Salvo for God and his Life and here we can owe none that is against our Laws and the Publick Good for that would destroy the Government Our Allegiance therefore must be bounded by our Laws and not by the King's Word or Will No Man can swear to obey the King's Word or Will simply but according to Law It would be Sin to tye our selves to think or speak or do what he would have us at large Our Allegiance therefore must be such as will consist with the Frame of our Government and that must be such as is couched in the Body of our Laws Other Allegiance there can be none but what is wrapt up in Courtesies and Formalities For it seems the King as well as the People is under the Law in some Sense under the direction of it though not under the constraint and therefore at his Coronation he does a kind of Fealty to the Laws and Government and swears Allegiance to them as to a Supream Lord. The Oath is not only Will you grant the Laws but will you grant and keep the Laws and Customs of England and the Answer is I grant and promise to keep them It is certain therefore no Allegiance to the King can be against Law to which he himself owes Allegiance The Case being thus far clear That the Allegiance sworn to is no other but our Legal Duty it does not hinder but that we may resist illegal Force When the King of the Scots swore allegiance to our King it did not deprive him of a just defence of his just Right by taking up arms if he were opprest And the King of England when he swore allegiance to the King of France made no scruple to take up arms against his Liege Lord in defence of his just Rights And the Old Lawyers tell us That the very Villain might in case of Rape and Murther arm against his Lord and if the Law arm a Villain against his Lord Subjects are worse than Villains if they may not arm against their Soveraign Lord's illegal Forces in defence of their Laws Lives Estates and the publick good but what makes it most evident is the Clause in King Henry's Charter which says If the King invade those Rights it is Lawful for the Kingdom to rise against him and do him what injury they can as though they owed him no Allegiance The Words are these if my Author fail me not Licet omnibus de Regno nostro contra nos insurgere omnia agere quae gravamen noster respiciant ac si nobis in nullo tenerentur Much to the same purpose is in King John's Charter which I find thus quoted Et Illi Barones cum communa totius terrae distringent gravabunt Nos Modis omnibus quibus poterunt scilicet per captionem Castrorum terrarum possessionum etalis modis quibus potuerint donet fuerint emendatum secundum Arbitrium eorum salva persona nostra Reginae nostrae Liberorum nostrorum Much may be said of this Nature about the Old Allegiance which was all couched in Homage and Fealty but this is enough to show that true Allegiance does not tye us from resisting illegal Force and Intolerable Incroachments upon our just Rights Obj. 10. But such Resistance would be against the Declaration which says It is not Lawful upon any pretence whatsoever to take up Arms against the King c. Answ The Latitude of the word Lawful causes the Scruple which at first View seems to tell us That it is sinful upon any pretence whatsoever to take up arms against the King c. But it is no good consequence to say That it is sinful because it is unlawful unless the Discourse be restrained to the Laws of God I must confess it is politically unlawful for Subjects in any Case or for any Cause whatever to take up arms against the King and those Commission'd by him because such a taking up arms here can have no political authority But it is morally lawful in all limited Governments to resist that Force that wants political power The regal power is irresistable in all Persons from the King to the petty Constable but it does not hinder but that all these Persons may be resisted when they do what they have no political power to They that have a limited power and a prescribed Duty may either act against or beyond their Commission and when they so do they may be resisted For such acts have no political power in them though the Persons have to other purposes If a Commission should be granted to a Company of Ruffians to plunder and massacre they might have something more of the King's Affections but no more of his authority than Private Robbers had and consequently might be resisted with equal Honesty None therefore can make this Declaration in its full Latitude but upon this presumption That the King and his Ministers keep perpetually within the Bounds of the Law otherwise they declare the King has an arbitrary power which is against the Fundamental Laws of this Land and a kind of Treason against the State For if he may not be resisted in any Case he may be under some moral restraint but under no political restraint and consequently the political frame of the Government must be arbitrary The meaning therefore of this Declaration can be no other but that a Man can have no Civil power or authority in any Case to take up arms against the King c. But this does not debar any man of the Natural Right of Self-defence by private arms against Inauthoritative Force Obj. 11. To this some reply that seeing God hath placed the Governing though limited Power in the King's Hand no Man may by any Natural Right or Private Defence resist his illegal Force God s Power must not be resisted though abused Answ There is a great difference between the abuse of power and the want of power and therefore this argument either supposes the power greater than it is or concludes ill The King and Parliament have indeed an arbitrary power I do not say Infinite but as Extensive as the frame of government will bear and therefore if they make a very grievous Law though they ought not for they are under a moral restraint though no political neither the King nor any of his Ministers may be resisted in the due Execution of it But the King has no power to burden us beyond or against Law and we may thank our own Weakness if ever he have Strength to do it This shows us there is a great difference betwixt the abuse of political power and the want of it Abused power must not be resisted but Force without power may The political power of arbitrary Princes is more extensive than their moral power And this tyes the Subject to Non-resistance when
into such Particulars as time and occasion required So that the Oaths of Supremacy and Allegiance not having altered the terms of Allegiance due from the People of England to their Princes if their Princes by antient Laws of the Realm and by the Practice of our Forefathers were liable to be deposed by the great Councils of the Nation for Male-administration Oppressions and other Exorbitances for not keeping their Coronation-Oaths for Insufficiency to govern c. then they continue still liable to be deposed in like manner the said Oaths or any Obligation contracted thereby notwithstanding For the Practice of former times I shall begin with a very antient Precedent in the Kingdom of the West-Saxons viz. Cudred King of West-Saxony being dead Sigebert his Kinsman succeeded him in that Kingdom and held it but a small time for being puft up with Pride by the Successes of King Cudred his Predecessor he grew insolent and became intolerable to his People And when he evil entreated them all manner of ways and either wrested the Laws for his own Ends or eluded them for his own Advantage Cumbra one of his chief Officers at the request of the whole People intimated their Complaints to the Savage King And because he persuaded the King to govern his People more mildly and that laying aside his Barbarity he would endeavour to appear acceptable to God and Man the King immediately commanded him to be put to Death and increasing his Tyranny became more cruel and intolerable than before whereupon in the beginning of the second Year of his Reign because he was arriv'd to an incorrigible pitch of Pride and Wickedness the NOBLES and the PEOPLE OF THE WHOLE KINGDOM assembled together and upon MATURE DELIBERATION did by UNANIMOUS CONSENT OF THEM ALL drive him out of the Kingdom In whose stead they chose Kenwolph an excellent Youth and of the Royal Blood to be King over the People and Kingdom of the West-Saxons Collect. p. 769 770. ibid. p. 795 796. Cudredo Rege West-Saxiae defuncto Sigebertus Cognatus ejus sibi in eodem Regno successit brevi tamen tempore Regnum tenens nam ex Cudredi Regis Precessoris sui eventibus tumefactus insolens intolerabilis suis fuit cum autem eos modis omnibus male tractaret legesque vel ad commodum suum depravaret vel pro commodo suo devitaret Cumbra Consul ejus Nobilissimus prece totius populi Regi fero eorum querimonias intimavit Et quia ipse Regi suaserat ut leniùs Populum suum regeret inhumanitate depositâ Deo hominibus amabilis appareret Rex eum impiâ nece mox interfici jubens populo saevior intolerabilior quà m priùs suam tyrannidem augmentavit unde in principio secundi Anni Regni sui cum incorrigibilis superbiae nequitiae esset Congregati sunt PROCERES POPVLVS totius REGNI eum PROVIDA DELIBERATIONE à Regno VNANIMI CONSENSV OMNIVM expellebant Cujus loco Kenwolfum juvenem egregium de Regiâ stirpe oriundum in Regem super Populum Regnum Wex-Saxiae elegerunt Collect. 769 770. ibidem p. 795 796. This Deposition of King Sigebert appears to have been done in a formal and orderly Manner viz. in a Convention of the Proceres and the Populus totius Regni and it was done providâ deliberatione unanimi Omnium Consensu and consequently was not an Act of Heat Rebellion or Tumultuary Insurrection of the People But was what the whole Nation apprehended to be Legal Just and according to the Constitution of their Government and no breach of their Oaths of Allegiance Nor have we any reason to wonder that the English Nation should free themselves in such a manner from Oppression if we consider that by an antient Positive Law Enacted in K. Edward the Conf. time and confirmed by William the Conqueror the Kings of England are liable to be deposed if they turn Tyrants The King because he is the Vicar of the Supream King is constituted to this end and purpose that he may govern his earthly Kingdom and the People of the Lord and especially to govern and reverence God's holy Church and defend it from Injuries and root out destroy and wholly to extirpate all Wrong-doers Which if he do not perform HE SHALL NOT RETAIN SO MUCH AS THE NAME OF A KING And a little after The King must act all things according to Law and by the Judgment of the Proceres Regni For Right and Justice ought to reign in the Realm rather than a perverse Will It is the Law that makes Right but Wilfulness Violence and Force is not Right The King ought above all things to fear and love God and to keep his Commandments throughout his Kingdom He ought also to preserve to cherish maintain govern and defend against its Adversaries the Church within his Kingdom entirely and in all freedom according to the Constitutions of the Fathers and of his Predecessors that God may be honoured above all things and always be had before Men's Eyes He ought also to set up good Laws and approv'd Customs and to abolish evil ones and put them away in his Kingdom He ought to do right Judgment in his Kingdom and maintain Justice by advice of the Proceres Regni sui All these things the King in proper Person looking upon and touching the Holy Gospels and upon the Holy and Sacred Relicks must swear in the Presence of his People and Clergy to do before he be crown'd by the Archbishops and Bishops of the Kingdom Lamb. of the Antient Laws of England pag. 142. Rex autem quia Vicarius summi Regis est ad hoc est constitutus ut Regnum terrenum Populum Domini super omnia sanctam veneretur Ecclesiam ejus regat ab injuriosis defendat maleficos ab eâ evellat destruat penitus disper Quod nisi fecerit nec nomen Regis in eo constabit Et paulò post Debet Rex omnia ritè facere in Regno per Judicium Procerum Regni Debet enim Jus Justitia magis regnare in Regno quà m voluntas prava Lex est semper quod Jus facit voluntas autem Violentia Vis non est Jus. Debet verò Rex Deum timere super omnia diligere mandata ejus per totum Regum suum servare Debet etiam sanctam Ecclesiam Regni sui cum omni integritate libertate juxta Constitutiones Patrum Praedecessorum servare fovere manutenere regere contrainimicos defendere it a ut Deus prae coeteris honoretur prae oculis semper habeatur Debet etiam bonas Leges Consuetudines approbat as erigere pravas autem delere omnes à Regno deponere Debet Judicium rectum in Regno suo facere Justitiam per Consilâ—um Procerum Regni sui tenere Ista verò debet omnia Rex in propriâ personâ inspectis tactis sacrosanctis Evangeli is
from those Contentions whilest every one pretended to all the Marks which are to attend upon the true Church except only that which is inseparable from it Charirity to one another My Lords and Gentlemen This Disquisition hath cost the King many a Sigh many a sad Hour when he hath considered the almost irreparable Reproach the Protestant Religion hath undergone from the Divisions and Distractions which have been so notorious within this Kingdom What pains he hath taken to compose them after several Discourses with learned and pious Men of different Perswasions you will shortly see by a Declaration He will publish upon that Occasion by which you will see His great Indulgence to those who can have any Protection from Conscience to differ with their Brethren And I hope God will so bless the Candor of His Majesty in the Condescentions he makes that the Church as well as the State will return to that Unity and Unanimity which will make both King and People as happy as they can hope to be in this World My Lords and Gentlemen I shall conclude with the Kings hearty thanks to you not only for what you have done towards Him which hath been very signal but for what you have done towards each other for the excellent correspondence you have maintained for the very seasonable Deference and Condescention you have had for each other which will restore Parliaments to the Veneration they ought to have And since His Majesty knows that you all desire to please him you have given him ample Evidence that you do so He hath appointed me to give you a sure Receipt to attain that good End it is a Receipt of His own prescribing and therefore is not like to fail Be but pleased your selves and perswade others to be so contrive all the ways imaginable for your own Happiness and you will make Him the best pleased and the most happy Prince in the World THE State of ENGLAND Both at HOME and ABROAD In Order to The Designs of France CONSIDERED To the READER THIS Discourse being imaginarily Scened and yet really performed out of the Treasure of a very great Minister of State 's Capacity it was thought fit to be Published now and not before because that Respect ought to be payed to the Secret of his Majesty's Affairs so as nothing should anticipate the King 's own Labours to give the People Satisfaction in his due time touching the tender Care that He is graciously pleased to take of all his Subjects in point of Honour Safety Freedom Union and Commerce which nothing could more advance then the Conclusion of the Treaty newly made betwixt England and the States of the United Provinces which without Flattery may be demonstrated to Men of Understanding to aim at nothing but the Good of His Subjects in general exempt from all manner of private Interest whatsoever Blessed be God then that it is so happily concluded and that we have a King whom nothing can ever alienate from the true Interest of his Realms nor no corrupt Counsellour let him be thought to be never so Powerful or Crafty in order to his own Advantages prevent the Wisdom and Integrity of such a Prince from prevailing above the Artifices and Frauds of those who would perswade the Nation were they competent Masters of their Art enough so to do that those Counsellors who are not interested can be less prudent or successful then such as did make it their Business to appropriate all to themselves and nothing to their Master The French King is much commended for his Parts and Activity but let us see him out-do the King of England in this particular of the Treaty both in Courage and Conduct and then I shall be apt to attribute his Grandeur as much to natural Abilities as extraordinary Fortune but not before THE State of England c. THE Adventure which happened unto me lately is of so extraordinary a nature and contains so many important Discoveries in relation to the publick Good in its Progress that I should prove defective towards my Countrey if I did not candidly publish all the Passages both touching the Occasion and Effects of what followed from this Accident Know then that a Peer of the Realm of England and one whose Merit Quality and the Place which he holds in the Administration of the Affairs of the Kingdom are remarkable did invite sundry of his Lordship's best Friends to a magnificent Feast and amongst the rest he had the kindness not to omit me out of the number where the excellence of the Chear which he made to his Guests after a most noble manner put the whole Company into such a refined humour of conversing together that the Entertainment was but one intire pleasing Debate how to express our compleat enjoying of each other I was not wanting with the uttermost of Vigour and Solace to uphold the Genious of this Conference But as the freest speakers do commonly come by the worst in Discourse and are the soonest exposed to enterfiering lashes I found my self to be attacqued in so many places at once with the swiftness of other Mens Reasons and Wits who held the opposite Arguments that although I were something heated yet there remained unto me presence of mind enough and success of Intervalls to get insensibly out of the Press whilst the Disorder and Confusion lasted which is usual at such Meetings into another room I retired then pursuing the Opportunity into a fair Gallery which surprised my Eyes with the rich Ornaments wherewith it was furnished but not without trouble neither and a Curiosity beyond the Opticks of the Place which increased there so as I was diverted from any farther Consideration of the Furniture because the Place seemed to lie too near the Enemy to dwell any longer upon those Objects Wherefore I went into another Chamber hard by which instantly filled me with new Apprehensions by the means of several large Looking-Glasses hanging on the Walls which shewed me my own proper Figure at length on every side and from thence imprinted in my wounded Imagination as many Adversaries as there were angular Reflections out of each Mirrour that appeared to pursue me so furiously that I ran on violently with my head forwards in order to some Escape to the door of another Chamber adjoyning thereunto which opened with such Resistance when I thrust against it as if it had been forced with a Petard And thus falling in the Attempt I was so stunned that it was a good while after before I could come to my self again But at last having partly recovered my spirits I was surprised with a fresh astonishment as much amazed me as the former had done that I repeated for when I began to open my eyes half way finding that till then they had been altogether unuseful to me I attributed the Disorder to want of Sight often feeling in regard of the Darkness of the Room to try whether they were still in my head or not
have the least good Opinion of the Sincerity of their Faith and Dealing That which you have alledged touching the Support which the Royal House of England may particularly hope for from the Amity of France is both a delicate and a dangerous Stone to stir The Glory and the Safety of our King doth only consist in the Love of his People and a streight Union betwixt His Majesty and his present Parliament since He hath no other sound Interest to rely upon but that of the Kingdom having need of no other Arms or Assistance The hearty affections of His Subjects and His own Royal Vertues will be as so many Cittadels erected to maintain His Authority and any other project is contrary both to His Genious and His admirable Prudence For all those who shall dare to inspire any other thoughts into His Majesty will infallibly undergo the weight of His Displeasure as Enemies to His Fame and Quiet But at the Bottom of all what help can He rationally expect from France should He come to need it which God defend after their unworthy abandoning of the King His Father in His great Distress and of the King which now is likewise when the Wheel of Fortune ran against them even to the Exstirpation of the Royal Line had not He by whom Kings reign wonderfully restored them to the Throne of their Ancestors It was that shameful Treaty which the French ratified with those Usurpers then that sacrificed Charles the First to the Ambition of the Tyrant Oliver Cromwel who had snatched the Scepter from the right Owners and Proprietors thereof Nay to such a Degree was the Inhospitability of France grown at that time though His Father were thus execrably Murthered before the Eyes of the French our King 's own Cousin-german refused Him a Retreat that might be secure for His own Person Therefore 't is fit that the English should be disabused once for all by being better informed since France is so far from being assisting or useful unto us upon this Conjuncture that in truth they do seek only to increase our Divisions and Troubles For 't is both their Interest and Maxim so to do which Conduct hath been exactly and hereditarily observed in their Counsels for many Ages together and newly in the last Civil War here since all the Baits which they do present unto us are but so many Apples of Discord which the French Emissaries cast up and down among us purposely to embroil us with our Neighbours or else with one another Next let us consider at present whether we shall find our Accompt better with Spain 'T is evident that solid Reason of State doth totally incline us to leave that other way and you cannot but all acknowledge this to be our true Fundamental Maxim whereby we may keep the Balance in aequilibrio and that our Safety doth most consist in such an aequilibrium why then should we swerve from thence out of vain hopes or quit the Body for the Shadow The Interest of Commerce no way invites us to take part with France and this Truth is so notorious to all the people of England that there is no Eloquence able to perswade them contrary to their own Experience therein The Cause is just and favourable A young * The King of Spain Pupil unworthily oppressed a Peace so solemnly and piously established as lightly violated by a Process of Cavils and Legerdemain by a Proceeding thereupon full of Surprisals and Violence as well as Pretensions unjustly revived after an Authentick †Vide The Buckler of State and Justice Art 4. Renunciation are so many voices which speak to the Root of our Consciences to call us to that which we owe to Justice Pitty good Neighbourhood the Publick Cause of Christendom and our selves For in this matter is concerned no less than the Case of Royal Successions which France will needs have submitted to the Customs of ordinary Citizens and the Conservation of that Bulwark which is common to all these parts of Europe against this Torrent which threatens the whole Vicinity with a great Inundation and the assuring the Tranquility of the Christian Republick against an unquiet Nation that will never desist from disturbing of it until their Insolence shall be abated The Foundation then being so solid because we shall in this Opposition have to treat with a Nation that makes profession of Honour and Generosity which hath never yet been accused to be guilty of having violated any Publick Treaty and that would rather ‖ The remarkable Integrity of Spain hazzard the loss of their Monarchy than their Reputation the Advantage is both secure and considerable whereas on the account of France we shall appear but as little Accessories and the French will carry us on as the First Motion only according to the rapidness of their Progress by applying us meerly in the course of their Game to their own Ends and thus shall we become the Ministers of their Ambition and be made use of like a pair of Stairs on which they do mean to tread in order to their obtaining the Universal Monarchy In fine their Interests if that we are still predestinated to be thus grosly deluded must be the Rule of ours and our future Conduct too and Operations But in taking part with Spain we shall be the Arbitrators of Peace and War and enabled to give the whole weight unto the Resolutions of each Party Then will France consider us with terrour and the apprehension of what our Arms may do and Spain by the addition of our Succours If we do desire Conquests we cannot hope for more lawful ones nor easier Victories than to re-unite by this means our ancient Dominion in France which have formerly been dismembred from the Crown of England But if we shall limit our Designs to the sole establishment of a Peace we can find the Accompt both of Glory and Safety likewise therein since it appears by Authentick Letters of Monsieur de Lionn's writing that France is resolved to be content with Reason as soon as ever they do see England fixed to joyn with Spain and the States of the United Provinces So that 't is in our choice whether to make an advantagious War or procure an honest Peace at the first appearance of our preparations in Arms. Whereas on the contrary 't is evident by the Interception of the aforesaid Dispatches that they will despise all manner of Offices and Mediations that are not Armed but rather pursue vigorously their Course whither Fortune shall drive it on so long as they do meet with no powerful Obstacles in the way Therefore because you seem to believe that Spain is reduced to so low a Condition that our Relief would be altogether unuseful to them and serve for nothing but to bring down the Vengeance of France exasperated upon us for God's sake cure your self of this Pannick fear as soon as you can 'T is France endeavours to erect a formidable Power if
History likewise doth shew us how that all our Alliances with the house of Burgundy have still been glorious and useful and all those with France unfortunate and prejudicial 'T is ever more dangerous to go out of the beaten Road to travel through By-lanes unknown and dark untried Paths You 'l easily agree with me that the Union of the United Provinces with France is the thing of all others which we ought the most to apprehend as fatal to our Crown and therefore by consequence nothing can be more safe for England than to disunite them Heaven furnishes us now with an occasion of doing that which we shall never be able to recover again should it be neglected and if we do suffer it to slip away we shall bring that Republick into a necessity of tying this fatal Knot with France stronglier than ever it was fastned before This Union therefore above all others must be the Object of our Care as it hath of late demonstratively been the cause of our Misfortunes I conclude then upon solid Foundations without hesitating That in the first place we must necessarily take part in this War either with Spain or France and next that we must not engage blind-fold without taking right Measures with those who have the same Interest that England hath in the Case thirdly that we must knit our Party firmly together and get all the Advantages we can in this Treaty with Spain as well as all the Security possible with other States without yet exacting from Spain things which are intolerable unto them whom the loss of the Low Countries for fear of being reduced by the Exorbitancy of our Demands may plunge into a necessity of according to whatever France shall require This Discourse being ended I observed by their Countenances that the two Persons who spake first applauded this Opinion and that the third man was much shaken They had some farther speech together but so softly that I cannot well collect the sense of it after which all the Company embraced and gave one another their hand with a reciprocal promise of secrecy as well as an Union in the same Design And thus they separated each a several way with evidence of great satisfaction and friendship And as soon as ever they were gone I slipped back insensibly again into the former obscurity near the Bed without being seen by any of the Domesticks And thus whilst these particulars were fresh in memory I did set them down in Paper and all that I could remember of their Discouse only to satisfie my own Curiosity and the Curiousness of my Friends OF THE FUNDAMENTAL LAWS OR Politick Constitution OF THIS KINGDOM FUndamental Laws are not or at least need not be any written Agreement like Meer-stones between King and People the King himself being a part not party in those Laws and the Commonwealth not being like a Corporation treated by Charter but treating it self But the Fundamental Law or Laws is a settling of the Laws of Nature and Common Equity by common consent in such a form of Polity and Government as that they may be administred amongst us with honour and safety For the first of which therefore we are governed by a King and for the second by a Parliament to oversee and take order that that honourable trust that is put into the hands of the King for the Dignity of the Kingdom be rightly executed and not abused to the alteration of the Politick Constitution taken up and approved or to the destruction of that for whose preservation it was ordered and intended A principal part of which honour is that Royal Assent he is to give for the Enacting of such good Laws as the People shall choose for they are first to consult their own safety and welfare and then be who is to be intrusted with it is to give an honourable Confirmation to it and so to put an Impress of Majesty and Royal Authority upon it Fundamental Laws then are not things of Capitulation between King and People as if they were Foreigners and Strangers on to another nor ought they or any other Laws so to be for then the King should govern for himself not for his People but they are things of Constitution treating such a relation and giving such an Existence and being by an external Polity to King and Subjects as Head and Members which Constitution in the very being of it is a Law held forth with more evidence and written in the very heart of the Republick far firmlier then can be by Pen and Paper and in which sense we owe our Allegiance to the King as Head not only by power but influence and so part of the Constitution not as a party capitulating for a Prerogative against or contrary to it which whosoever seeks to set up or side with do break their Allegiance and rebel against the State going about to deprive the King of his juridical and lawful Authority conferred upon him by the Constitution of this State under the pretence of investing him with an illegal and unconstitutive Power whereupon may follow this grand Inconvenience The withdrawment of his Peoples Allegiance which as a Body connexed with the Head by the Constitution of this Kingdom is owing to him his Person in relation to the Body as the enlivening and quickâ—ing Head thereof being sacred and taken notice of by the Laws in that capacity and under that notion is made inviolate And if it be conceived that Fundamental Laws must needs be only extant in writing this is the next way to bring all to confusion for then by the same Rule the King bids the Parliament produce those Laws that fundamentally give them their being priviledge and power Which by the way is not like the Power of inferiour Courts that are Springs of the Parliament dealing between Party and Party but is answerable to their trust this Court being it self Fundamental and Paramount comprehending Law and Fquity and being intrusted by the whole for the whole is not therefore to be circumscribed by any other Laws which have their being from it not it from them but only by that Law which at first gave its being to wit Salus Populi By the same Rule I say the Parliament may also intreat the King to produce those Laws that Fundamentally give him his being power and honour Both which must therefore be determined not by Laws for they themselves are Laws yea the most supreme and fundamental Law giving Laws to Laws themselves but by the received Constitution or Polity which they themselves are and the end of their Constitution is the Law or Rule of their Power to wit An honourable and safe Regiment of the Common-wealth which Two whosoever goeth about to divide the one of them from the other breaks the fundamental constitutive Law or Laws and Polity of this Kingdom that Ordinance of Man which we are to submit unto nor can or ought any Statute or written Law whatsoever which is of latter Edition and
are forced none will abide you And said further That there was a Man beyond sea had prophesied That in sixty six if the King did not settle the Romish Religion in England he would be banished out of the Kingdom and all his Posterity And Collins further said That he being lately turned a Roman Catholick he would not be a Protestant for all the World He wished Graunger again in the hearing of his Wife which he affirmed to the Committee to turn his Religion for all the said Prophesie would come to pass in Sixty six Robert Holloway of Darking aforesaid informed That one Stephen Griffin a Papist said to him That all the bloud that had been shed in the late civil War was nothing to that which would be shed this year in England Holloway demanded a reason for these words in regard the Kingdom was in peace and no likelihood of trouble and said Do you Papists intend to rise and cut our throats when we are asleep Griffin answered That 's no matter if you live you shall see it Ferdinand de Massido a Portuguese and some Years since a Romish Priest but turning Protestant Informed That one Father Taff a Jesuite did the last year tell him at Paris That if all England did not return to the Church of Rome they should all be destroyed the next Year Mr. Samuel Cottman of the Middle-Temple Barister Informed That about two Years since one Mr. Jeviston a Popish Priest and called by the Name of Father Garret did perswade him to turn Papist and he should want neither Profit nor Preferment Mr. Cottman objected that he intended to practise the Law which he could not do if he turned Papist because he must take the Oath of Supremacy at his being called to the Bar and if he were a Papist he must not take it Mr. Jeviston replied Why not take the Oath It is an unlawful Oath and void ipso facto And after some pause said further First take the Oath and then I will convert you He said further The King will not own ' himself to be Head of the Church And said further You in England that set up the Dutch to destroy our Religion shall find that they shall be the Men to PULL DOWN YOURS Mr. Stanley an Officer to the Duke of Ormond in Ireland Informed That coming out of Ireland with one Oriel who owned himself of the Order of the Jesuites and commissioned from the Pope to be Lord Primate of Ireland and Archbishop of Armah and falling into some Discourse with him he told him That there had been a Difference between him and some other of the Jesuites in Ireland and that part of the Occasion was that one Father Walsh and some other of the Jesuites there did dispense with the Papists in Ireland to take the Oath of Allegiance and Supremacy by virtue of a standing Commission from the Pope which he had to do it during this King's Life and Oriel thought they ought not to do it by virtue of the standing Commission but should take a new Commission from the Pope every Year to do it And likewise That he brought eight Boys out of Ireland whom he intended to carry to Flanders to breed up in some of the Colledges there And at his taking Shipping to go for Flanders he shaked his Foot towards England terming it Egypt and said He would not return into England till he came with 50 thousand Men at his heels A French Merchant being a Papist living in St. Michael's Lane London writes in a Letter to his Friend That a great number of Men and Arms were ready here if those he wrote to were ready there He being upon the Intercepting of this Letter searched forty Fire-locks were found in his House ready loaden which were carried to Fishmongers-Hall a Month or more before the Fire and he committed to Prison but since released A Poor Woman retaining to one Belson's House a Papist about Darking in Surrey was follicited that she and her husband would turn Roman Catholicks which if they did voluntarily Now they would be accepted of but if they staid a little longer they would be forced whether they would or no and then they would not be esteemed This was deposed before Sir Adam Brown a Member of Parliament A Complaint being made against a Sugar-Baker at Fox-hall his House was searched by Lieutenant Collonel Luntly who found there several Guns with such Locks as no English-man who was at the taking of them could discharge together with Brass Blunderbusses and Fire-works of a furious and burning nature Trial being made of a small part of them the Materials were discerned to be Sulphur Aquavitae and Gun-powder whatever else In a Letter to Sir John Frederick and Mr. Nathanail Heron from Horsham in Sussex the 8th of September 1666. Subscibed Henry Chowne Wherein is mentioned that the said Henry Chowne had thoughts to come to London that week but that they were in Distraction there concerning the Papists fearing they would shew themselves all that day And that he had been to search a Papist's House within six miles of that place He with another Justice of Peace met the Gentleman's Brother who is a Priest going to London whom they searched and found a Letter about him which he had received that Morning from his Sister twenty miles off from him wherein is expressed That a great Business is in hand not to be committed to Paper as the times be Your Committee have thought fit to give no Opinion upon these Informations but leave the matter of Fact to your Judgments I am commanded to tell you That your Committee have several other things of this nature under their Inquiry AS a further Instance of the audacious and insolent Behaviour of these Popish Recusants take the following Copy of Verses made and then scattered abroad by some of their Party in Westminster-Hall and several other places about the City and elsewhere in the Kingdom COvre la feu ye Hugonots That have so branded us with Plots And henceforth no more Bonfires make Till ye arrive the Stygian Lakeâ— For down ye must ye Hereticks For all your hopes in sixty six The hand against you is so steady Your Babylon is faln already And if you will avoid that hap Return into your Mothers lap The Devil a Mercy is for those That Holy Mother-Church oppose Let not your Clergy you betray Great Eyes are ope and see the way Return in time if you will save Your Souls your Lives or ought you have And if you live till sixty seven Confess you had fair Warning given Then see in time or ay be blind Short time will shew you what 's behind Dated the 5th Day of November in the Year 1666. and the First Year of the Restoration of the Church of Rome in England NOt long after the Burning of London Mr. Brook Bridges a young gentleman of the Temple as he was going to attend Divine Service in the Temple-Church in a Pew there
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
out of the Hands of the Possessor than purely those of his own Conscience which is worthy Mr. Considerer's highest Consideration I shall only take notice of one Objection more and then conclude fearing I have too much trespass'd on your Patience already It 's very hard says he that a man should lose his Inheritance because he is of this or that Perswasion in Matters of Religion And truly Gentlemen were the Case only so I should be intirely of his mind But alass Popery whatever Mr. Considerer is pleas'd to insinuate in not an harmless innocent Perswasion of a Number of Men differing from others in matters relating to Christian Religion but is really and truly a different Religion from Christianity it self Nor is the Inheritance he there mentions an Inheritance only of Black-Acre and White Acre without any Office annexed which requires him to be par Officio But the Government and Protection of several Nations the Making War and Peace for them the Preservation of their Religion the Disposal of Publick Places and Revenues the Execution of all Laws together with many other things of the greatest Importance are in this Case claimed by the Word Inheritance which if you consider and at the same time reflect upon the Enslaving and Bloody Tenents of the Church of Rome more particularly the Hellish and Damnable Conspiracy those of that Communion are now carrying on against our Lives our Religion and our Government I am confident you will think it as proper for a Wolf to be a Shepherd as it is for a Papist to be the Defender of our Faith c. The Old Gentleman had no sooner ended his Discourse but I returned him my hearty Thanks for the Trouble he had been pleased to give himself on this Occasion and I could not but acknowledge he had given me great Satisfaction in that Affair what it will give thee Charles I know not I am sure I parted from him very Melancholy for having been a Fool so long Adieu I am thy Affectionate I. D. A Collection of Speeches IN THE House of Commons In the Year 1680. The Lord L. Speech My Lords MAny have been the Designs of the Papists to subvert this poor Nation from the Protestant Religion to that of the See of Rome and that by all the undermining Policies possibly could be invented during the Recess of Parliament even to the casting the Odium of their most Damnable Designs on the Innocency of his Majesties most Loyal Subjects We have already had a taste of their Plottings in Ireland and find how many unaccountable Irish Papists dally arrive which we have now under Consideration My Lord Dunbarton a great Romanist has Petitioned for his stay here alledging several Reasons therein which in my Opinion make all for his speedy Departure for I can never think his Majesty and this Kingdom sufficiently secure till we are rid of those Irish Cattel and all others besides for I durst be bold to say that whatsoever they may pretend there is not one of them but have a destructive Tenet only they want Power not Will to put it in force I would not have so much as a Popish Man nor a Popish Woman to remain here nor so much as a Popish Dog or a Popish Bitch no not so much as a Popish Cat that should pur or mew about the King We are in a Labyrinth of Evils and must carefully endeavour to get out of them and the greatest danger of all amongst us are our conniving Protestants who notwithstanding the many Evidences of the Plot have been industrious to revile the Kings Witnesses and such an one is R L'E who now disappears being one of the greatest Villains upon the Earth a Rogue beyond my Skill to delineate has been the Bugbear to the Protestant Religion and traduced the King and Kingdoms Evidences by his notorious scribling Writings and hath endeavoured as much as in him lay to eclipse the Glory of the English Nation he is a dangerous rank Papist proved by good and substantial Evidence for which since he has walked under another disguise he deserves of all Men to be hanged and I believe I shall live to see that to be his State He has scandalized several of the Nobility and detracted from the Rights of his Majesty's great Council the Parliament and is now fled from Justice by which he confesses the Charge against him and that shows him to be guilty My humble Motion is that this House Address to his Majesty to put him out of the Commission of Peace and all other Publick Employments for ever Speeches in the Honourable House of Commons Mr. Speaker IN the Front of Magna Charta it is said Nulli negabimus nulli differimus Justitiam we will defer or deny Justice to no Man to this the King is Sworn and with this the Judges are intrusted by their Oaths I admire what they can say for themselves if they have not read this Law they are not fit to sit upon the Bench and if they have I had almost said they deserve to lose their Heads Mr. Speaker The State of the poor Nation is to be deplored that in almost all ages the Judges who ought to be Preservers of the Laws have endeavoured to destroy them and that to please a Court-Faction they have by Treachery attempted to break the Bonds asunder of Magna Charta the great Treasury of our Peace it was no sooner passed but a Chief Justice in that day perswades the King he was not bound by it because he was under Age when it was passed But this sort of Insolence the next Parliament resented to the ruine of the pernicious Chief Justice In the time of Richard the Second an unthinking dissolute Prince there were Judges that did insinuate into the King that the Parliament were only his Creatures and depended on his Will and not on the Fundamental Constitutions of the Land which Treacherous Advice proved the Ruine of the King and for which all those evil Instruments were brought to Justice In his late Majesties Time his Misfortunes were occasioned chiesly by the Corruptions of the Long Robe his Judges by an Extrajudicial Opinion give the King Power to raise Money upon an extraordinary Occasion without Parliament and made the King Judge of such Occasions Charity prompts me to think they thought this a Service to the King but the sad Consequences of it may convince all Mankind that every illegal Act weakens the Royal Interest and to endeavour to introduce Absolute Dominion in these Realms is the worst of Treasons because whilst it bears the Face of Friendship to the King and Designs to be for his Service it never fails of the contrary effect The two great Pillars of the Government are Parliaments and Juries it is this gives us the Title of Free-born English-men for my Notion of Free-English-men is this that they are ruled by Laws of their own making and tried by Men of the same Condition with themselves The Two great
keeping Watch since the Plot hath cost the City above 100000 l. The City of London is the Bulwark of our Religion And is it not said the Duke is at the head of 30 or 40000 men The Lieutenancy and Justices how are they molded for his turn And if you do nothing now in this House we must all without any more ado try to make a Peace with him as well as we can I 'll never do it And will you for the sake of one man destroy three Kingdoms An Highth He moved that the Representation might declare That we see no Security but removing the Duke of York A Ninth We discoursing of Tangier at this time is like Nero's Fiddling whilst Rome was consuming by Fire If it be in a good condition we cannot help it if in a bad one we are not in a posture to do it Pray consider the condition by what 's past when King Henry the Eighth was for Supremacy the Kingdom was for it when King Henry the Eighth was against it the Kingdom was against it When King Edward the Sixth was a Protestant the Kingdom was so when Queen Mary was a Papist the Kingdom was so when Queen Elizabeth was a Protestant the Kingdom so again Regis ad exemplum c. And I believe even in King Edward the Sixth's time the Bishops themselves would not have been for throwing out such a Bill as this And if King Edward had promised any thing for the preservation of the Protestant Religion so that Mary might succeed the Pope would no way have contrived so great a Favour The bidding us prevent Popery and the letting alone a Popish Successor is as if a Physician should come to a man in a Pleurisie and tell him he may make use of any Remedies but letting of Blood the Party must perish that being the only Cure I am not at present for giving of Money that being to the State as Food to the Stomach if that be clean meat turns to good Nourishment but if it be out of order it breeds Diseases And so it is in the State if that be not in order too We have been often deceived and by the same men again Was not 200000 l. given for the Fleet in 74 and was any of it employed that way Money given for an actual War with France employed for a dishonourable Peace Never so many Admirals and so few Ships to guard us never more Commissioners of the Treasury and so little Money never so many Counsellors and so little Safety Let us address His Majesty A Tenth I 'll never be for giving of Money for promoting Popery and a Successor a publick Enemy to the Kingdom and a Slave to the Pope Whilst he hath 11 to 7 in the Council and 63 to 31 in the House of Lords we are not secure And if my own Father had been one of the 63 I should have voted him an Enemy to the King and Kingdoms and if we cannot live Protestants I hope we shall dye so The Eleventh Redress our Grievances first and then and not till then Money Tangier never was nor will be a place of Trade Tituan and Sally so near they will never trade with us to destroy themselves and can never be for our Advantage And I have many years wonder'd at the Council that have been for the keeping of it and am of opinion that Popery may be aimed at by it and that our Councils are managed at Rome from whence I saw a Letter from a Friend dated the 21th of October with the Heads of the King's Speech in it to this effect That His Majesty would command them not to meddle with the Succession That he would ask no Money That he would stand upon the Confirmation of the Lord Danby's Pardon and That the keeping of Tangier was to draw on Expences and was it not would be for the blowing of it up Twelfth I am for a Representation Thirteenth I remember before the last Session of Parliament there was a Council held at Lambeth and there hatched a Bill against Popery It was for the breeding of Children of a Popish Successor which admitted the thing and it was called a Bill against Popery but we called it the Popish Bill I am for the Church of England but not for the Church-men of the late Bishop of St. Asaph on his Death-bed good man could hardly forbear declaring himself which his Epitaph did Ora pro Anima ordered to be written upon his Tomb. We are told the other day we ought to make the Duke a Substantive to stand by himself That there was less danger of a General without an Army than an Army without a General And I have read in Pliny which was most to be feared an Army of Lyons with an Hare to their General or an Army of Hares with a Lyon to their General and it was concluded that an Army of Hares with a Lyon to their General was most to be feared of the two His Majesty is inclosed by a sort of Monsters who endeavour to destroy and I hope to move against them before we rise and though we have lost our last Bill we have not lost our Courage and Hearts Fourteenth His Majesty desires your Advice and Assistance it is seldom which is very kind and though you shall think fit not to give the latter it 's but mannerly to give the first And I hope you will not resent any Injury if any there were done by the House of Lords on the King who though he cannot cure all ill in one day he can ruine all And I acquaint you there is a very great Weight laid upon this Session of Parliament and upon the agreeing of the King with the People on which depends the Welfare of the Protestants abroad and hope you will not go about to Remonstrate now Fifteenth If you had sent the Duke's Lord Craven's and Mulgrave's Regiment to Tangier it would supply the Place with Men and Disband the Lord Oxford's Regiment and the Money on those imployed would bear much of the share of this Then the House Resolved to appoint a Committee to draw up an Address upon the Debate of this House to represent His Majesty the State and Condition of the Kingdom in Answer to His Majesties Message about Tangier The SPEECHES of several Learned and Worthy Members of the Honourable House of Commons for Passing the Bill against the Duke of York Mr. Speaker THE Gentleman that spoke last seems to intimate that we ought to have a due regard to the Kings Brother and consider what infinite disadvantages will accrew to us if we are too hasty in our Resolutions as before the Duke is found guilty to proceed to pass a Bill for Exclusion for that nothing but War and Bloodshed can be expected from it therefore he says we ought to be moderate and find out a Medium to secure the Protestant Religion notwithstanding the Duke may be a Papist Now Gentlemen I give you the Dictates of my
Gentleman answered Mr. Speaker I wonder that Noble Lord should thus interrupt me for I have not positively affirmed any thing at all of the Duke though I have said nothing but what in my Judgment I thought might be truth and I shall not change my mind for his being displeased at it but however I am very well satisfied to say no more but only that I remember that Honourable Person by the Bar told us he would not speak to the prudential part against the Bill and truly Sir I think he has kept his Word very exactly and that whereas another Member before him objected That it was possible the Duke might turn Protestant I would only answer that I do not think it possible that any Person that has been bred up in the Protestant Religion and hath been weak enough for so I must call it to turn Papist should ever after in that respect be wise enough to turn Protestant and therefore Sir upon the whole matter my humble Motion is That the Bill may pass Debates in the House of Commons Jan. 7. 1680. upon His Majesties Message The First Speech by an Honourable Gentleman HIS Majesties relies not only on the Dictates of his own Judgment but is confirmed by the Judgment of the House of Lords but many of them have gained their Honour by Interest rather than Merit His Majesty hath given no Answer to several of your Addresses when you say nothing can secure you but this Bill that he should propose other means but if we have not the Bill we are deprived of the means to preserve His Majesties Life Person and Government I never knew that Tangier was more considerable than all the Three Kingdoms Is it time to be silent or not Why is all this stir for a Man that desires the Throne before His Majesty is dead He is in all the Plot either at one end or other who took evidence of London Fire Arbitrary Power was at the end and no Religion like Popery to set up That I will pay the Duty and Allegiance of an English-man to an English Prince But Popery and Arbitrary Power must be rooted out Can you hope for any Good while this Man is Heir an Apostate from his Religion his Government is the most dangerous Our Ministers of State give us little hopes from Whitehall I hope they will be Named First set a Brand on all them that framed the Answer and all them that shall lend Money by way of Anticipation desire him to take Advice of His Parliament rather then private Men or to let us go home and attend His Service when he shall again call for us The Second Speech by another Person of Hour I am afraid we are lost we have done our Parts shewed our selves good Subjects but some stand between the King and us to promote the Duke of York's Interest Those that advised the King not to pass the Bill deserve to be Branded The Third Speech by an Honourable Gentleman We have made the modestest Request that ever People did in such a time of Danger we have neither passed a Bill nor obtained a kind Answer our Trust must be in our Votes When the King bid us look into the Plot like well-meaning Countrey-Gentlemen we looked into the Tower we should have looked into Whitehall There the Plot is hatched cherished and brought up It would be well if all against the Bill were put out of Councel and all of this House were put out of Commission that were for it I had rather the Moors had Tangier the French King Flanders than the Pope had Eugland The Fourth Speech by a Person of Honour I think the Debate is upon a Message from the King and the most especial part is about the Bill I concur with that Noble Person rather than with all the rest But begin with the first his Majesty hath suffered us twice to address upon the Bill yet the Lords have not admitted one Conference I believe every man came unwillingly into this Bill have any that were against it proposed any thing for our Security if they will let them stand up and I will sit down I have advised with Men that know the Laws Religion and Government they say if you will preserve this Government this Law this Bill must pass We have received no expedient from the Lords the State of the Nation lies at their Door they sit to hear Causes they mind you of Mr. Seymour but say nothing of the Bills In Richard the Second his Time some Lords were said to be Lords in the King's Pocket but had no shoulders to support him It 's plain our evil comes from evil Ministers There are some that will have a Prince of one Religion on the Throne to rule the People of another a Popish Prince and a Protestant Kingdom will any Ministers of parts unless they have an indifferency of Religion think this consistent I dedicate my Allegiance to the King they to another Person so the Kingdom must be destroy'd either this limited Monarchy must stand or come to Blood on the other side Water-Monarchy is absolutely supported by little men of no Fortune and he that takes mean and low men to make Ministers of sets up for Popery and Arbitrary Government The King hath Counsels born if you have a Popish Prince and a Protestant Parliament will the King ever concur with them in matters of Religion and Property are not your Estates sprinkled with Abbey-Lands If he asks Money will you trust him must Foreigners comply with a Prince that in effect hath no People We must be overcome with France and Popery or the Body will get a new Head or the Head a new Body The Fifth Speech by a Person of Honour The House was unwilling at first to enter into a Debate about Expedients and I am not prepared to propound them any thing you have heard proposed by the King in Print if you had them they will do you no harm One day you say the King had been a good Prince if he had good Company and good Councils no great Complement to the King he offers you any thing but the Bill I humbly make my motion to try it The Sixth Speech by an Honourable Gentleman I think it becomes that Gentleman very well to be of the Opinion he is though no man else in this House I wish the D. was of that Opinion his Father desired him The Lords rejected the Bill but I am afraid the King solicited or else they would not it 's some mens interest to be for the D. but while they are at Court we shall never have it Foreign Persons have given Influence at Court the French Ministers access to Court inclines me to believe some body is paid for it The Court is a Nurcery of Vice they transmit them into the Countrey and none but such men are imployed The Seventh Speech by an Honourable Gentleman The Question now before you is Whether any other means be effectual
to have been perverted from the Protestant to the Popish Religion whereby not only great Encouragement hath been given to the Popish Party to enter into and carry on most Devilish and Horrid Plots and Conspiracies for the Destruction of His Majesties Sacred Person and Government and for the Extirpation of the True Protestant Religon But also if the said Duke should succeed to the Imperial Crown of this Realm nothing is more manifest than that a Total Change of Religion within these Kingdoms would ensue For the Preservation whereof Be it Enacted by the King 's Most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That the said James Duke of York shall be and is by the Authority of this present Parliament Excluded and made for ever uncapable to Inherit Possess or Enjoy the Imperial Crown of this Realm and of the Kingdoms of Ireland and the Dominions and Territories to them or either of them belonging or to have exercise or enjoy any Dominion Power Jurisdiction or Authority in the same Kingdoms Dominions or any of them And be it further Enacted by the Authority aforesaid That if the said James Duke of York shall at any time hereafter challenge claim or attempt to possess or enjoy or shall take upon him to use or exercise any Dominion Power or Authority or Jurisdiction within the said Kingdoms or Dominions or any of them as King or Chief Magistrate of the same That then he the said James Duke of York for every such Offence shall be deemed and adjudged guilty of High Treason and shall suffer the Pains Penalties and Forfeitures as in case of High Treason And further That if any Person or Persons whatever shall assist or maintain abett or willingly adhere unto the said James Duke of York in such challenge claim or attempt or shall of themselves attempt or endeavour to put or bring the said James Duke of York into the Possession or Exercise of any Regal Power Jurisdiction or Authority within the Kingdoms and Dominions aforesaid or shall by Writing or Preaching advisedly publish maintain or declare That he hath any Right Title or Authority to the Office of King or Chief Magistrate of the Kingdoms and Dominions aforesaid that then every such Person shall be deemed and adjudged guilty of High Treason and that he suffer and undergo the Pains Penalties and Forfeitures aforesaid And be it further Enacted by the Authority aforesaid That he the said James Duke of York shall not at any time from and after the Fifth of November 1680 return or come into or within any of the Kingdoms or Dominions aforesaid And then he the said James Duke of York shall be deemed and adjudged guilty of High Treason and shall suffer the Pains Penalties and Forfeitures as in case of High Treason And further That if any Person or Persons whatsoever shall be aiding or assisting unto such Return of the said James Duke of York That then every such Person shall be deemed and adjudged guilty of High Treason and shall suffer as in Cases of High Treason And be it further Enacted by the Authority aforesaid That he the said James Duke of York or any other Person being guilty of any of the Treasons aforesaid shall not be capable of or receive Benefit by any Pardon otherwise than by Act of Parliament wherein they shall be particularly named and that no Nole prosequi or Order for stay of Proceedings shall be received or allowed in or upon any Indictment for any of the Offences mentioned in this Act. And be it further Enacted and Declared And it is hereby Enacted and Declared That it shall and may be lawful to and for any Magistrates Officers and other Subjects whatsoever of these Kingdoms and Dominions aforesaid and they are hereby enjoyned and required to apprehend and secure the said James Duke of York and every other Person offending in any of the Premisses and with him or them in case of Resistance to fight and him or them by Force to subdue For all which Actings and for so doing they are and shall be by virtue of this Act saved harmless and indemnified Provided and it is hereby Declared That nothing in this Act contained shall be construed deemed or adjudged to disenable any other Person from inheriting and enjoying the Imperial Crown of the Realms and Dominions aforesaid other than the said James Duke of York But that in case the said James Duke of York should survive his now Majesty and the Heirs of his Majesty's Body The said Imperial Crown shall descend to and be enjoyed by such Person or Person successarily during the Life of the said James Duke of York as should have inherited and enjoyed the same in case the said James Duke of York were naturally dead any thing contained in this Act to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That during the Life of the said James Duke of York this Act shall be given in charge at every Assizes and General Sessions of the Peace within the Kingdoms Dominions and Territories aforesaid and also shall be openly Read in every Cathedral Church and Parish Church and Chappels within the aforesaid Kingdoms Dominions and Territories by the several respective Parsons Vicars Curates and Readers thereof who are hereby required immediately after Divine Service in the Fore-noon to read the same twice in every year that is to say on the 25th of December and upon Easter-day during the Life of the said James Duke of York This BILL was Read Three Times and Passed and sent up to the Lords for their Concurrence Some particular Matters of Fact relating to the Administration of Affairs in Scotland under the Duke of LAUDERDALE Humbly offered to Your Majesty's Consideration in Obedience to Your Royal Commands 1. THE Duke of Lauderdale did grosly misrepresent to your Majesty the Condition of the Western Countries as if they had been in a state of Rebellion though there had never been any opposition made to your Majesty's Authority nor any Resistance offered to your Forces nor to the execution of the Laws But he purposing to abuse your Majesty that so he might carry on his sinistrous Designs by your Authority advised your Majesty to raise an Army against your peaceable Subjects at least did frame a Letter which he sent to your Majesty to be signed by your Royal Hand to that effect which being sent down to your Council Orders was thereupon given out for raising an Army of Eight or Nine thousand men the greatest part whereof were Highblanders and notwithstanding that to avert threatning the Nobility and Gentry of that Country did send to Edenburgh and for the security of the Peace did offer to engage that whatsoever should be sent to put the Laws in execution should meet with no affront and that they would become Hostages for their safety yet
not unknown to your Majesty how restless the Endeavours and how bold the Attempts of the Popish Party for many years last past have been not only within this but other your Majesties Kingdoms to introduce the Romish and utterly to extirpate the true Protestant Religion The several Approaches they have made towards the compassing this their Design assisted by the Treachery of perfidious Protestants have been so strangely successful that 't is matter of Admiration to Us and which we can only ascribe to an Over-ruling Providence that your Majesties Reign is still continued over Us and that We are yet assembled to consult the means of our preservation This bloody and restless Party not content with the great Liberty they had a long time enjoyed to excercise their own Religion privately amongst themselves to pertake of an equal Freedom of their persons and Estates with your Majesties Protestant Subjects and of an Advantage above them in being excused from chargeable Offices and Employments hath so far prevailed as to find countenance for an open and avowed practice of their Superstition and Idolatry without controul in several parts of this Kingdom Great swarms of Priests and Jesuits have resorted hither and have here exercised their Jurisdiction and been daily tampering to pervert the Consciences of your Majesties Subjects Their Opposers they have found means to disgrace and if they were Judges Justices of the Peace or other Magistrates to have them turned out of Commission and in contempt of the known Laws of the Land they have practised upon people of all Ranks and qualities and gained over divers to their Religion some openly to profess it others secretly to espouse it as most conduced to the service thereof After some time they became able to influence matters of State and Government and thereby to destroy those they cannot corrupt The continuance or Prorogation of Parliaments has been accommodated to serve the purposes of that Party Money raised upon the People to supply your Majesties extraordinary Occasions was by the prevalence of Popish Councils imployed to make War upon a Protestant State and to advance and augment the dreadful Power of the French King though to the apparent hazard of this and all other Protestant Countries Great numbers of your Majesties Subjects were sent into and continued in the service of that King notwithstanding the apparent Interest of your Majesties Kingdoms the Addresses of the Parliament and your Majesties gracious Proclamations to the contrary Nor can We forbear to mention how that at the beginning of the same War even the Ministers of England were made Instruments to press upon that State the acceptance of one demand among others from the French King for procuring their peace with him that they should admit the publick exercise of the Roman Catholick Religion in the United Provinces the Churches there to be divided and the Romish Priests maintained out of the publick Revenue At home if Your Majesty did at any time by the Advice of Your Privy-Council or of Your two Houses of Parliament Command the Laws to be put in Execution against Papists even from thence they gained advantage to their Party while the edge of those Laws was turned against Protestant Dissenters and the Papists escaped in a manner untoucht The Act of Parliament enjoining a Test to be taken by all Persons admitted into any Publick Office and intended for a security against Papists coming into Employment had so little effect that either by Dispensations obtained from Rome they submitted to those Tests and held their Offices themselves or those put in their places were so favourable to the same Interests that Popery it self has rather gained than lost ground since that Act. But that their business in hand might yet more speedily and strongly proceed at length a Popish Secretary since Executed for his Treasons takes upon him to set afoot and maintain correspondencies at Rome particularly with a Native Subject of Your Majesties promoted to be a Cardinal and in the Courts of other Forreign Princes to use their own form of Speech for the subduing that Pestilent Heresie which has so long domineered over this Northern World that is to root the Protestant religion out of England and thereby to make way the more easily to do the same in other Protestant Countries Towards the doing this great Work as Mr. Coleman was pleased to call it Jesuits the most dangerous of all Popish Orders to the Lives and Estates of Princes were distributed to their several Precincts within this Kingdom and held joint Councils with those of the same Order in all Neighbour Popish Countries Out of these Councils and Correspondencies was hatcht that damnable and hellish Plot by the good Providence of Almighty God brought to light above two Years since but still threatning us wherein the Traitors impatient of longer delay reckoning the prolonging of Your Sacred Majesties Life which God long Preserve as the Great Obstacle in the way to the Consummation of their hopes and having in their prospect a Proselyted Prince immediately to succeed in the Throne of these Kingdoms resolved to begin their Work with the Assassination of Your Majesty to carry it on with Armed Force to destroy Your Protestant Subjects in England to Execute a second Massacre in Ireland and so with ease to arrive at the suppression of our Religion and the subversion of the Government When this Accursed Conspiracy began to be discovered they began the smothering it with the Barbarous Murther of a Justice of the Peace within one of Your Majesties own Palaces who had taken some Examinations concerning it Amidst these distractions and fears Popish Officers for the Command of Forces were allowed upon the Musters by special Orders surreptitionsly obtained from Your Majesty but Counter-Signed by a Secretary of State without ever passing under the Tests prescribed by the aforementioned Act of Parliament In like manner above fifty new Commissions were granted about the same time to known Papists besides a great number of desperate Popish Officers though out of Command yet entertain'd at half pay When in the next Parliament the House of Commons were prepared to bring to a legal Tryal the principal Conspirators in this Plot that Parliament was first Prorogued and then Dissolved The Interval between the Calling and Sitting of this Parliament was so long that now they conceive Hopes of covering all their past Crimes and gaining a seasonable time and advantages of practising them more effectually Witnesses are attempted to be corrupted and not only promises of Reward but of the Favour of your Majesty's Brother made the Motives to their Compliance Divers of the most considerable of your Majesty's Protestant Subjects have Crimes of the highest nature forged against them the Charge to be supported by Subornation and Perjury that they may be destroyed by Forms of Law and Justice A Presentment being prepared for a Grand Jury of Middlesex against your Majesty's said Brother the Duke of York under whose Countenance all the
being accompanied with several other Lords at the Delivery thereof thus expressed himself The Earl of Essex's Speech at the Delivering the following Petition to His most Sacred Majesty Jan. 25. 1680. May it please your Majesty THe Lords here present together with divers other Peers of the Realm taking notice that by Your late Proclamation Your Majesty has declared an intention of calling a Parliament at Oxford and observing from History and Records how unfortunate many Assemblies have been when called at a Place remote from the Capital City as particularly the Congress in Henry the Second's time at Clarendon Three several Parliaments at Oxford in Henry the Third's time and at Coventry in Henry the Sixth's time With divers others which have proved very fatal to those Kings and have been followed with great mischief on the whole Kingdom And considering the present posture of affairs the many jealousies and discontents which are amongst the People We have great Cause to apprehend that the consequences of a Parliament now at Oxford may be as fatal to Your Majesty and the Nation as those others mentioned have been to the then Reigning Kings and therefore we do conceive that we cannot answer it to God to Your Majesty or to the People If we being Peers of the Realm should not on so Important an Occasion humbly offer our advice to Your Majesty that if possible Your Majesty may be prevailed with to alter this as we apprehend unseasonable Resolution The Grounds and Reasons of our Opinion are contained in this our Petition which We humbly Present to Your Majesty To the King 's most Excellent Majesty The Humble Petition and Advice of the Lords under-named Peers of the Realm Humbly Sheweth THat whereas Your Majesty hath been pleased by divers Speeches and Messages to Your Houses of Parliament rightly to represent to them the Dangers that Threatned Your Majesty's Person and the whole Kingdom from the Mischievous and wicked Plots of the Papists and the sudden Growth of a Foreign Power unto which no stop or remedy could be Provided unless it were by Parliament and an Union of Your Majesty's Protestant Subjects in one Mind and one Interest And the Lord Chancellor in Pursuance of Your Majesty's Commands having more at large Demonstrated the said Dangers to be as great as we in the midst of our Fears could Imagine them and so pressing that our Liberties Religion Lives and the whole Kingdom would be certainly Lost if a speedy Provision were not made against them And Your Majesty on the 21st of April 1679. Having called unto your Council many Honourable and Worthy Persons and declared to them and the whole Kingdom That being sensible of the evil Effects of a single Ministry or private Advice or Forreign Committee for the General Direction of your Affairs Your Majesty would for the future Refer all things unto that Council and by the constant Advice of them together with the frequent use of your great Council the Parliament Your Majesty was hereafter Resolved to Govern the Kingdoms We began to hope we should see an end of our Miseries But to our unspeakable Grief and Sorrow we soon found our Expectations Frustrated The Parliament then subsisting was Prorogued and Dissolved before it could perfect what was intended for our Relief and Security and though another was thereupon called yet by many Prorogations it was put off till the 21st of October past and notwithstanding Your Majesty was then again pleased to acknowledge that neither Your Person nor Your Kingdom could be safe till the matter of the Plot was gone thorow It was unexpectedly Prorogued on the 10th of this Month before any sufficient Order could be taken therein all their Just and Pious Endeavours to save the Nation were overthrown the good Bills they had been Industriously preparing to Unite all Your Majesties Protestant Subjects brought to nought The discovery of the Irish Plot stifled The Witnesses that came in frequently more fully to declare That both of England and Ireland discouraged Those Forreign Kingdoms and States who by a happy conjunction with us might give a Check to the French Power disheartned even to such a Despair of their own Security against the growing greatness of that Monarch as we fear may induce them to take new Resolutions and perhaps such as may be fatal to us The Strength and Courage of our Enemies both at home and abroad increased and our selves left in the utmost danger of seeing our Country brought into utter Desolation In these Extremities we had nothing under God to comfort us but the Hopes that Your Majesty being touched with the Groans of Your perishing People would have suffered Your Parliament to meet at the Day unto which it was Prorogued and that no further interruption should have been given to their Proceedings in Order to their saving of the Nation But that failed us too For then we heard that Your Majesty by the private suggestion of some Wicked Persons Favourers of Popery Promoters of French Designs and Enemies to Your Majesty and the Kingdom without the Advice and as we have good Reason to believe against the Opinion even of Your Privy-Council had been prevailed with to Dissolve it and to call another to meet at Oxford where neither Lords nor Commons can be in Safety but will be daily exposed to the Sword of the Papists and their Adherents of whom too many are crept into Your Majesties Guards The Liberty of speaking according to their Consciences will be thereby Destroyed and the Validity of all their Acts and Proceedings consisting in it left Disputable The Straitness of the Place no way admits of such a concourse of Persons as now follows every Parliament the Witnesses which are necessary to give Evidence against the Popish Lords such Judges or others whom the Commons have Impeached or had resolved to Impeach can neither bear the Charge of going thither nor trust themselves under the Protection of a Parliament that is it self Evidently under the power of Guards and Soldiers The Premises considered We Your Majesties Petitioners out of a Just Abhorrence of such a dangerous and pernicious Council which the Authors have not dared to avow and the direful Apprehensions of the Calamities and Miseries that may ensue thereupon do make it our most Humble Prayer and Advice That the Parliament may not sit at a Place where it will not be able to Act with that Freedom which is necessary and especially to give unto their Acts and Proceedings that Authority which they ought to have amongst the People and have ever had unless Impaired by some Awe upon them of which there wants not Precedents And that Your Majesty would be graciously pleased to Order It to Sit at Westminster it being the usual Place and where they may Consult and Act with Safety and Freedom And your Petitioness shall ever Pray c. Monmouth Kent Huntington Bedford Salisbury Clare Stanford Essex Shaftsbury Mordant Evers Paget Grey Herbert Howard Delamer The Counties
Zeal for the Protestant Religion of your Loyalty to his Majesty's Person and Government and of your faithful Endeavours for the Preservation of the Laws our Rights and Properties we now return you our most hearty Thanks and have unanimously chosen you to represent this County at the Parliament to be holden at Oxford the 21st of March next And though we have not the least distrust of your Wisdom to understand or of your Integrity and Resolution to maintain and promote our common Interests now in so great hazard yet we think it meet at this time of imminent Danger to the King and Kingdom to recommend some things to your Care And particularly we do desire 1. That as hitherto you have so you will vigorously prosecute the Execrable Popish Plot now more fully discovered and proved by the Trial of William late Viscount Stafford 2. That you will promote a Bill for excluding James D. of York and all Popish Successors from the Imperial Crown of this Realm as that which under God may probably be a present and effectual means for the preservation of his Majesty's Life which God preserve the Protestant Religion and the well-established Government of this Kingdom 3. That you will endeavour the frequent meetings of Parliaments and their sitting so long as it shall be requisite for the dispatch of those great Affairs for which they are convened as that which is our only Bulwark against Arbitrary Power 4. That you will endeavour an happy and necessary Union amongst all his Majesty's Protestant Subjects by promoting those several good Bills which were to that end before the last Parliament And that till these things be obtained which we conceive necessary even to the Being of this Nation you will not consent to bring any Charge upon our Estates And we do assure you that we will stand by you with our Lives and Fortunes in Prosecution of the good ends before recited The Address of the Town of Hertford February 21. 1680 1. To the Right Worshipful Sir William Cooper Baronet and Sir Thomas Byde Knight WE the Free-men and Inhabitants of the Burrough of Hertford in the County of Hertford having unanimously Chosen You our Representatives to Sit in the next ensuing Parliament to be holden at Oxford the 21st of March next cannot but with all Thankfulness acknowledge your most faithful Endeavours and unwearied Pains in serving us in the last Parliament searching into and discovering the late damnable Hellish Popish Plot The preservation of His Majesty's Person the Protestant Religion and the well established Government of the Realm To secure the Meeting and Sitting of frequent Parliaments to assert our undoubted Right of Petitioning and to punish such who would have betrayed those Rights To promote a happy Union amongst all His Majesty's Protestant Subjects to Repeal the Act of the 35th of Queen Elizabeth and the Corporation Act and particularly for what Progress hath been made in the Bill of Exclusion of all Popish Successors the principal Cause of all the Miseries and Ruine impending these Kingdoms in general beseeching You as now our Representatives to prosecute the same good Ends and Purposes until the Nation shall be throughly secured against Popery and Arbitrary Power both in Church and State And further in imitation of the ever Renowned City of London We Request You in our behalf to present our humble Acknowledgements to the Right Honorable the Earl of Essex and by him to all the rest of those Right Honorable Peers for their late Excellent Petition and Advice to His Majesty and for all the rest of all their Faithfull Services and Endeavours they have performed for the Protestant Interest of the Nation The Address of the Gentry and Free-holders of the County of Essex To Sir Henry Mildmay and John Lemot Honeywood Esquire Unanimously Re elected Knights for the Shire Feb. 22. 1680 1. Gentlemen THe Faithful Discharge of that Trust we formerly gave You is the true Inducement of our Chusing You again to be our Representatives being abundantly satisfied not only in Your Care and Prudence in General but also in Your Particular Care and Unwearied Diligence in Your Conscientious Endeavours to secure His Majesty's Royal Person the Protestant Religion and Government of the Realm To Unite all His Majesty's Protestant Subjects To Repeal the Act of the 35th of Elizabeth To Assert our just and ancient Rights and Priviledges and particularly that of Petitioning and to punish those who were studious to betray them For Your two excellent Addresses and Publishing Your Votes Endeavouring to secure the Meeting and Sitting of Frequent Parliaments To destroy and root out Popery by securing us against all Popish Successors and particularly by passing a Bill against James Duke of York without which we are highly sensible that all other means will be ineffectual and the Peace and Safety of the Kingdom and government it self left in great danger it being inconsistent with our Oath by which we swear against the Pope's Supremacy whil'st a Popish King himself owns it and it being against the Essence of Government that People should obey him who by his Principles as a Papist is bound to destroy them And as we do heartily thank You for Your past worthy Behaviour herein so we have chosen You to Act on our behalf in the next Parliament to be holden at Oxford in full trust and considence that with Courage and Integrity You will persevere in the same good Endeavours pursuing all things that shall be found for our Publick Good and Safety And in full Assurance that You will not consent to the disposal of any of our Moneys till we are effectually secured against Popery and Arbitrary Power And untill the Fleet and Garisons are settled in the hands of such as are Persons of known Loyalty and Fidelity to the King and Kingdom and true Zeal and Affection for the Protestant Religion and we do resolve by Divine Assistance to stand by You therein with our Lives and Fortunes 'T is observable That this Address being openly read to their Representatives and confirm'd by the Unanimous and loud Acclamations of the Free-holders for further demonstration that it was the Sense of each individual person of that Numerous Assembly it was offered that so many as agreed to it should say Ay upon which they all cried out Ay Ay. And if any were otherwise minded they were desired to express their Dissent by saying No At which there was Altum Silentium not one to be heard saying No. The Address of the Gentry and other Free-holders of the County of Surrey being in number about 2000 Feb. 23. 1680 1. To Arthur Onslow and George Evelin Esquires elected Knights for this County in the ensuing Parliament whose Session is appointed at Oxon the 21st of the following Month. WE the Free-holders of the County of Surrey having in the two former Parliaments chosen you to be our Representatives and being fully satisfied in your Faithfullness and Care to preserve the Protestant Religion
presented them upon their being elected Knights for the County at Lewis March the 3d. Gentlemen HAd we not heard well of Your Fidelity in discharging former Publick Trusts we had not this day called You to the same Imploy for they that betray or neglect our service once shall never receive our Trust again And though we have no intention to limit or circumscribe the Power we have laid in You yet we must desire and with that earnestness as becometh those that beg for no less than the life of their King Government Religion Laws Liberties and Properties yea the very Lives and beings of all the Protestants in the World That You would please as our Representatives to have an especial regard to these particulars following 1. That you would effectually secure His Majesty's Royal Life and the Lives of all His Majesty's Protestant Subjects by a firm and Legal Association 2. That You would repeat the Endeavours of the Two former Worthy Parliaments in barring the Door against all Popish Successors to the Crown and in particular against James Duke of York and Arbitrary Government 3. That You would be incessant in Your Endeavours for uniting His Majesty's Protestant Subjects 4. That You would further search into the bottom of those Damnable and Hellish Plots of the Papists that have been laid against His Majesty's Life the Protestant Religion and Government and to bring those Horrid Criminals to Justice 5. That You would not forget those Execrable Villains that by receiving Pension betrayed our Trusts and our Liberties in the late Long Parliament but do such Exemplary Justice on them that all others for the future may fear and do no more so wickedly And in doing these Great things and all others that You shall judge necessary for the Peace Safety and Prosperity of the Nation we shall not only stand by you as Thankful Acknowledgers of Your Service but reckon it our Duty if any hazard threaten you to defend You as Worthy Patriots with our Lives and Fortunes The Cheshire Address To the Honourable Henry Booth Esq and Sir Robert Cotton Kt. and Bar. being chosen Knights for that County March the 7th Immediately after their Election the Right Honourable the Lord Colchester and the Lord Brandon presented then a Paper containing the Sentiments and Desires of the Gentry and Free-holders in these words WE the Gentry and Free-holders of the County Palatine of Chester who have by a free and unanimous Consent Re-elected You to be our Representatives in Parliament do thankfully acknowledge Your joynt Integrity and concurrence with the Worthy and Eminent Members of the Last who in so Signal and never to be forgotten a manner of Petitioning promoted the Union Support and Growth of the True Protestant Religion Established by Law And the only Expedient we think to perpetuate these to our Posterity is to adhere to what the late Parliament designed relating to the Duke of York and all Popish Successors to provide for the Defence and Safety of His Majesty's Person vigorously to pursue the Discovery of the horrid Popish Plot and to punish all Sham-plotters whom we esteem the worst of Villains without which His Majesty can neither be easie nor secure These with those great and Excellent things then under their Considerations make us confident of Your Sincerity and Proceedings which that they may be successful is our prayer and will be the support of all those who wish the happiness of His Majesty and these distressed Kingdoms We likewise desire the Votes may continue to be Printed that till the effects of your endeavours on which depends the happiness both of Church and State are accomplished we may be truly acquainted with your proceedings The Northamptonshire Address March the 8th To John Parkhurst and Miles Fleetwood Esquires then elected Knights for that County Gentlemen THat we are extreamly satisfied of Your faithful and honest discharge of the great Trust reposed in You by this County of Northampton in the last Parliament is most evident by our Hearty Thanks we now return You and by our Unanimous Electing of You again to serve for us in the next Parliament to be holden at Oxford Gentlemen We find by Experience you so well judge of the sense of our Countrey that we need not tender You our Thoughts in many Particulars Only as the Preservation of His Majesty's Sacred Person the Protestant Religion and our Properties are of the greatest Concern and most dear unto us So more especially we recommend them unto you desiring You to use Your utmost Endeavours 1. That there may be a more full and perfect Discovery of that most Hellish Popish Plot and all other Sham-Plots 2. That we may be secured against a Popish Successor 3. That there may be found means of Uniting His Majesty's Protestant Subjects against the Common Enemy Gentlemen In pursuance of these good Ends and such others as You shall think conducing to the happiness of the King and Kingdom We shall stand by You with our Lives and Fortunes The Address of the Town of Taunton March 11th To Edmund Prideaux and John Trenchard Esquires Worthy Sirs WE do most Heartily acknowledge Your great Wisdom Courage and Faithfulness in the Discharge of the Trust by Us Reposed in You as Members of the late Dissolved Parliament whose Worthy Endeavours for the Happiness of the King and Kingdom exceedingly Rejoyced the hearts of True English and Protestant Spirits and will make them Famous to Posterity And now Sirs having a full assurance of Your Perseverance in the same good Works we have persumed again to make Choice of You as Our Representatives in the Ensuing Parliament desiring Your Acceptance of that great Trust And begging You as that wherein the Glory of God the Interest of the Protestant Religion the Safety and Welfare of the King and Kingdom is highly concerned to Prosecute as shall be Guided by the Wisdom of that Honourable House these following Particulars viz. 1. That some effectual course may be taken for the Safety of His Majesty's Sacred Person and Government which have been and still are in extreme danger by the abominable Plots and Atempts of Papists 2. That further Search be made into the Horrid Popish Plot and the Plotters and Abettors thereof brought to condign Punishment 3. That You will joyn with the rest of that Honourable House whereof You are now Chosen to be Members in repeating the Endeavours of the Two last Worthy Parliaments to bar all Papists and especially James Duke of York from the exercise of the Royal Authority of this Kingdom 4. That You will with all diligence endeavour the Uniting of His Majesty's Protestant Subjects and the Repealing those severe Laws that are obstructive thereof 5. That all good Endeavours be used for the securing of our Religion and Property and the just Rights and Priviledges of the Subject 6. That some Law may be made for the preventing of the Excesses and Exorbitances in the Elections of Members of Parliament and of undue
lie under for want thereof 5. That you will use your utmost Endeavours to put a Brand upon those abominable Monsters which were the Pensioners in the late Long Parliament that thereby the Generations to come may be deterr'd from Attempting the like unheard of Villainy 6. That you will vigorously and carefully represent to the rest of your Fellow Members the present Condition of the Royal Navy as also of the Stores Castles and Forts which are under God the Bulwarks of England and that such effectual Ways and Means may be found out and prosecuted for the better Securing and Improving the Navy as also That none may be employed therein but such Persons who are of known Integrity and Loyalty both to the King and Nation and that all Debauch'd and Unskilful Persons now employ'd may be removed and Men fearing God loving Truth and hating Covetousness may be put into their Places that so our present Fears may be abated and thereby the dreadful growing Power of France may be timely check'd Gentlemen In the pursuance of these good Ends and such other as you shall think conducing to the Happiness of the King and Kingdom we shall stand by you with our Lives and Fortunes There were many more Addresses of like Nature and Purport made from divers other Parts of the Realm true Copies of which are not yet come to our hands But indeed the Re-election of so many of the former Members is it self a general Address and loudly speaks it The Voice of the People which we trust will be ratified by the Voice of Heaven No Popish Successor no French Slavery THE SPEECH Of the Honourable Henry Booth Esq Spoken in Chester March 2. 1680 1. at his being Elected one of the Knights of the Shire for that County to serve in the Parliament Summon'd to meet at Oxford the Twenty first of the said Month. Gentlemen and Countrymen I Must acknowledge that God hath been good unto me from my Cradle to this moment and of all his Providences to me there is none for which I have greater reason to bless his Holy Name than that he hath enabled me to govern my self and actions so as to gain your good opinion and kindness and I cannot but own I have your favour accompanied with all the obliging Circumstances imaginable for the first time that you were pleased to command my Service was in the Eighteen Years Parliament upon the death of Sir Foulk Lucy who had served you faithfully in that Parliament and though I was raw and unacquainted with those affairs and without any Tryal of my Integrity you ventured all you had in my hands at a time when England was in danger to be lost for want of a Vote For that Parliament chiefly consisted of such as sold their Country for private advantage and would have sold their King too if they could have made a better market I served you some time in that parliament at last it was Dissolved and a new one called and then as if you had approved of what I did you thought fit to imploy me again in that Service though you laid him aside who had been my Collegue that Parliament continued not long but was Dissolved and a new one called and then again a third time you thought me fit to represent you in Parliament though as you had done before you set him aside whom you had sent along with me and Chose a new one in his room but why you did me so Singular an honour as to continue me in your Service two Parliaments together and did not the like to the other Gentlemen it is not for me to give the reasons of it those are best known to your selves This is now the fourth time that I have waited on you on the like occasion and it is not a lessening of your former kindness that you have not changed my former Partner but rather a Confirmation of it because that the first time you have continued him is when he appears to be of my opinion and that which still adds weight to your kindness is that notwithstanding all this stir this bustle this unnecessary Charge and expence all the Stories by which I have been traduced you have not been prevailed upon to withdraw or diminish your favour Gentlemen I humbly beg your Patience to speak a few words in answer to what they say of me lest by Silence I may seem to cry Amen to their reports and Stories the first thing they reported was that I would not stand again but would decline your Service but withall they give no reason for it only it is so because they said it but what reason there is to contradict them now who said so the last time and how true it was you well remember So that this being the Second time that they have told you the self same falshoods I hope for the future that others will believe them as little as you have done It was reported that I was kill'd without giving any reasons or circumstances and that to this also they expected an implicit belief I wish they are not for an implicit faith in all things It was truly an excellent Artifice to threap you out of your Votes yet had I been kill'd had it been for your Service I should have thought my self well bestowed and rather meet than avoid the occasion of my Death They tell you also that I 〈◊〉 very obnoxious to the King but they do not tell you that I am restored to â—ny former Station of my Commission of the Peace without seeking or desiring it it cannot be imagined that his Majesty would be so Gracious to a man of whom he hath an ill opinion and it is a reflection to his Majesty to think he will do a thing of that Nature out of any regard whatsoever but when a thing carries its weight and reasons with it so that by this you may discern how all their reports are grounded being rather the effects of their desires than that the thing is truly so It seems the Gentlemen are much displeased that this County have frequently commanded those of my Family to serve them in Parliament they call it an entailing upon the Family but they are not pleased to vouchsafe the reasons why the Son may not be imployed as well as the Father in case he proves as fit for it but the truth is they would govern you and are angry that you will be your own chusers yet whether in this they design to serve you or their own ends I submit to your Judgment but as to my own particular they think the County highly that I have served you in several Parliaments Alas Gentlemen I know I am much inferiour in Parts and Learning to a great many but in saithfulness to your interest I will submit to no man but if you would observe it they would impose that upon you which they would not have done to themselves If they have a Servant who hath served them faithfully they
they that make Leasings to his Grace of his Lords Barons and Leiges Act 134. Par. 8. James 6. May 22. 1584. Anent Slanderers of the King his Progenitors Estate and Realm FOrasmuch as it is understood to our Soveraign Lord and his three Estates assembled in this present Parliament what great harm and inconveniency has fallen in this Realm chiefly since the beginning of the Civil troubles occurred in the time of his Highness minority through the wicked and licentious publick and private speeches and untrue calumnies of divers of his Subjects to the disdain contempt and reproach of His Majesty his Council and proceedings and to the dishonour and prejudice of his Highness his Parents Progenitors and Estate stirring up his Highness's Subjects thereby to misliking sedition unquietness and to cast off their due obedience to His Majesty to their evident peril tinsil and destruction his Highness continuing always in love and clemency toward all his good Subjects and most willing to seek the safety and preservation of them all which wilfully needlessly and upon plain malice after his Highness's mercy and pardon oft times afore granted has procured themselves by their treasonable deeds to be cut off as corrupt Members of this Commonwealth Therefore it is statute and ordained by our Soveraign Lord and his three Estates in this present Parliament that none of his Subjects of whatsoever Function Degree or Quality in time coming shall presume or take upon hand privately or publickly in Sermons Declanations and familiar Conferences to utter any false slanderous or untrue Speeches to the disdain reproach and contempt of His Majesty his Council and proceedings or to the dishonour hurt or prejudice of his Highness his Parents and Progenitors or to meddle in the Affairs of his Highness and his Estate present by-gone and in time coming under the pains contained in the Acts of Parliament anent makers and tellers of Leasings certifying them that shall be tryed contraveeners thereof or that hear such slanderous Speeches and reports not the same with diligence the said pain shall be executed against them with all rigour in example of others Act 205. Par. 14 King James 6. June 8. 1594. Anent Leasing-makers and Authors of Slanders OUR Soveraign Lord with advice of his Estates in this present Parliament ratifies approves and for his Highness and Successors perpetually confirms the Act made by his Noble Progenitors King James the First of Worthy Memory against Leasing-makers the Act made by King James the Second entituled Against Leasing-makers and tellers of them the Act made by King James the Fifth entituled Of Leasing-makers and the Act made by his Highness's self with advice of his Estates in Parliament upon the 22d day of May 1584. entituled For the punishment of the Authors of Slanders and untrue Calumnies against the Kings Majesty his Council and proceedings to the dishonour and prejudice of his Highness his Parents Progenitors Crown and Estate as also the Act made in his Highness's Parliament holden at Linlithgow upon the 10th of December 1585. entituled Against the Authors of slanderous Speeches or Writs and statutes and ordains all the said Acts to be published of new and to be put in execution in time coming with this addition That whoever hears the said Leasings Calumnies or slanderous Speeches or Writs to be made and apprehends not the Authors thereof if it lies in his power and reveals not the same to his Highness or one of his Privy Council or to the Sheriff Steward or Bayliff of the Shire Stewards in Regality or Royalty or to the Provost or any of the Bayliffs within Burgh by whom the same may come to the knowledge of his Highness or his said Privy-Council where through the said Leasing makers and Authors of slanderous Speeches may be called tryed and punished according to the said Acts The hearer and not apprehender if it lye in his power and concealer and not revealer of the said Leasing makers and Authors of the said slanderous Specches or Writs shall incur the like pain and punishment as the principal Offender Act 107. Par. 7. King James 1. March 1. 1427. That none interpret the Kings Statutes wrongously ITem the King by deliverance of Council by manner of Statute forbids That no man interpret his Statutes otherwise than the Statutes bear and to the intent and effect that they were made for and as the maker of them understood and who so does in the contrary shall be punished at the Kings will Act 10. Par. 10. King James 6. Dec. 10. 1585. Authors of slanderous Speeches or Writs should be punished to the Death IT is statuted and ordained by our Soveraign Lord and three Estates that all his Highness's Subjects content themselves in quietness and dutiful obedience to his Highness and his Authority and that none of them presume or take upon hand publickly to declaim or privately to speak or write any purpose of reproach or slander of His Majesties Person Estate or Government or to deprave his Laws and Acts of Parliament or misconstrue his proceedings whereby any misliking may be moved betwixt his Highness and his Nobility and loving Subjects in time coming under the pain of Death certifying them that do in the contrary they shall be reputed as seditious and wicked Instruments enemies to his Highness and the Commonwealth of this Realm and the said pain of Death shall be executed upon them with all rigour in example of others Act for preservation of His Majesties Person Authority and Government May 1662. And further it is by His Majesty and Estates of Parliament declared statuted and enacted That if any person or persons shall by writing printing praying preaching libelling remonstrating or by any malicious or advised speaking express publish or declare any words or sentences to stir up the people to the hatred or dislike of His Majesties Royal Prerogative and Supremacy in Causes Ecclesiastical or of the Government of the Church by Archbishops and Bishops as it is now settled by Law That every such person or persons so offending and being legally Convicted thereof are hereby declared incapable to enjoy or exercise any place or employment Civil Ecclesiastick or Military within this Church and Kingdom and shall be liable to such further pains as are due by the Law in such Cases Act 130. Par. 8. James 6. May 22. 1584. Anent the Authority of the three Estates of Parliament THE Kings Majesty considering the Honour and the Authority of his Supreme Court of Parliament continued past all memory of man unto their days as constitute upon the free Votes of the three Estates of this ancient Kingdom by whom the same under God has ever been upholden Rebellious and Traiterous Subjects punished the Good and Faithful preserved and maintained and the Laws and Acts of Parliament by which all men are governed made and established And finding the Power Dignity and Authority of the said Court of Parliament of late years called in some doubt at least some curiously travelling
before his being required or appearing to take the Oath there were spread abroad such Scruples and Objections by some of the Orthodox Clergy and others so that the Earl can never in any sense be construed in his Explication wherein he took the Oath to have done it animo infamandi and to declaim against the Government for the Scruples and Objections that were spread abroad by others were a fair and rational occasion why the Earl in any sense or explication which he offered might have said that he was confident the Parliament never intended to impose contradictory Oaths and this is so far from importing the insinuation and inferenâ— made by the Libel that thereby the Parliament were so impious as to impose contradictory Oaths as on the contrary considering the circumstances fore-mentioned that there were papers spread abroad insinuating That there were inconsistencies and contradictions contained therein the said expression was an high Vindication of the Honour and Justice of the Parliament against the Calumnies and Mis-representations which were cast upon it and was also a just Rise for the Pannel for the clearing and exonoration of his own Conscience in the various senses and apprehensions which he found were going abroad as to the said Test humbly to offer his sense in which he was clear and satisfied to take the Oath 7. To the Libel in so far as it is founded upon the Act of Parliament viz. Act 130. Par. 8. James 6. declaring That none should presume to impugn the Dignity or Authority of the three Estates of Parliament or procure any Invasion or diminution thereof under the pain of Treason as also in so far as it is pretended in the Libel That the Pannel by offering the sense and explication libelled has assumed the Legislative power which is incommunicable and has made a Law or a part of a Law It is answered The Libel is most groundless and irrelevant and against which the Act of Parliament is opponed which is so plain and evident upon the reading thereof that it neither is nor can be subject to the least cavillation And the plain meaning whereof is nothing else but to impugn the Authority of Parliaments as if the King and Parliament had not a Legislative Power or were not the highest Representative of the Kingdom or that any of the three Estates were not essentially requisite to constitute the Parliament And besides there is nothing more certain than that the occasion of the said Act its being made was in relation to the Bishops and Clergy and there is nothing in the pretended Explanation that can be wrested to import the least Contravention of the said Act or to be an impugning of the three Estates of Parliament or a seeking any innovation therein And it is admired with what shadow of Reason it can be pretended that the Pannel has assumed a Legislative power or made a part of a Law seeing all that is contained in the alledged Explication libelled is only a Declaration of the Earls sense in which he was satisfied to take the Oath and so respected none but himself and for the clearing of his own Conscience which justly indeed the Word of God calls a Law to himself without any incroaching upon the Legislative power And where was it ever debated but that a man in the taking of an Oath if as to his apprehensions he thought any thing in it deserved to be cleared might declare the same or that his exhibiting at the time of the taking of the Oath his sense and explication wherein he did take it was ever reputed or pretended to be the assuming of a Legislative power it being the universal practice of all Nations to allow this liberty and which sense may be either rejected or accepted as the Legislator shall think fit importing no more but a parties private sense for the exoneration of his own Conscience And as to that Member of the Libel founded upon Act 19. Par. 3. Queen Mary it contains nothing but a Declaration of the pain of Perjury and there is nothing in the Explication libelled which can in the least be inferred as a Contravention of the said Act in respect if it should be proved That the Pannel at the time of the taking of the Oath did take it in the words of the said Explication as his sense of the Oath it is clear that the sense being declared at the time of taking the Oath and allowed as the sense wherein it was taken the Pannel can only be understood to have taken it in that sense And although publick Authority may consider whether the sense given by the Pannel does satisfie the Law or not yet that can import no more though it was found not to satisfie but to hold the Pannel as a Refuser of the Oath but it is absolutely impossible to infer the Crimes of perjury upon it being as is pretended by the Libel the â—annel did only take it with the Declaration of the Sense and Explication Libelled 8. As the Explication libelled does not at all import all or any of the Crimes contained in the said Libel so by the common principles of all Law where a person does emit words for the clearing and exoneration of his own Conscience altho there were any ambiguity or unclearness or involvedness in the tenor or import of the expressions or words yet they are ever to be interpreted Interpretatione benigna favorabili according to the general Principles of Law and Reason And it never was nor can be refused to any person to interpret and put a congruous sense upon his own words especially the Pannel being a person of eminent Quality and who hath given great demonstration and undeniable evidences of his fixt and unalterable Loyalty to His Majesties Interest and Service and at the time of emitting the said Explication was invested and intrusted in publick Capacities And it is a just and rational interpretation and caution which Sanderson that judicious and eminent Casuist gives Praelect 2. That dicta facta principum parentum rectorum are ever to be looked upon as benignae Interpretationis and that Dubia sunt interpretanda in meliorem partem And there is nothing in the Explication libelled which without detortion and violence and in the true sense and design of the Pannel is not capable of this benign Interpretation and construction especially respect being had to the Circumstances wherein it was emitted and given after a great many Objections Scruples and alledged Inconsistencies were owned vented and spread abroad which was a rise to the Earl for using the expressions contained in the pretended Declaration libelled 10. These words whereby it is pretended the Pannel declares he was ready to give obedience as far as he could first do not in the least import That the Parliament had imposed any Oath which was in it self unlawful but only the Pannels scrupulosity and unclearness in matter of Conscience And it is hoped it cannot be a Crime because all men cannot
alledged irrelevancy thereof That in time coming all Criminal Libels shall contain that the persons complained on are Art and Part of the Crimes Libelled which shall be relevant to accuse them thereof swa that no exception or objection take away that part of the Libel in time coming He says That he finds no Act of Parliament more unreasonable for the Statutory part of that Act committing the Tryal of Art and Part to Assizers seems most unjust Seeing in committing the greatest questions of the Law to the most ignorant of the Subjects it puts a sharp Sword into the hands of blind men And the reason of this Act specified in the Narrative is likewise most inept and no ways illative c. What Reproaches What Blasphemies The Earl said not one word against any Act of Parliament But on the contrary That he was confident the Parliament intended no contradiction and that he was willing to take the Test in the Parliaments sense But here the Advocate both says and Prints it That an Act of Parliament is most unreasonable and most unjust and it's reason most inept and that it puts a sharp Sword in the hands of blind men Whereof the smallest branch is infinitely more reproachful than all can be strained out of the Earl's words But Sir Speculation is but Speculation and if the Advocate when his day comes be as able to purge himself of Practical Depravations as I am inclined to excuse all his Visionary Lapses notwithstanding of the famous Title Quod quisque juris in alterum statuorit ut ipse eodem jure utatur he shall never be the worse of my censure 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 Ireland Aug. 22. 1663. Ever honoured Sir LAST Thursday we came to Trial with my Lord Marquess of Antrim but according to my Fears which you always surmised to be in vain he was by the King 's Extraordinary and Peremptory Letter of Favour restored to his Estate as an Innocent Papist We proved Eight Qualifications in the Act of Settlement against him the least of which made him uncapable of being restored as Innocent We proved 1. That he was to have a hand in surprizing the Castle of Dublin in the Year 1641. 2. That he was of the Rebels Party before the 15th of September 1643. which we made appear by his hourly and frequent intercourse with Renny O Moore and many others being himself the most notorious of the said Rebels 3. That he entered into the Roman-Catholick Confederacy before the Peace in 1643. 4. That he constantly adhered to the Nuncio's Party in opposition to his Majesty's Authority 5. That he sate from time to time in the Supream Council of Kilkenny 6. That he signed that execrable Oath of Association 7. That he was Commissionated and acted as Lieutenant-General from the said Assembly at Kilkenny 8. That he declared by several Letters of his own penning himself in Conjunction with Owen Ro Oneale and a constant Opposer to the several Peaces made by the Lord Lieutenant with the Irish We were seven hours by the Clock in proving our Evidence against him but at last the King's Letter being opened and read in Court Rainsford one of the Commissioners said to us That the King's Letter on his behalf was Evidence without Exception and thereupon declared him to be an Innocent Papist This Cause Sir hath tho many Reflections hath passed upon the Commissioners before more startled the Judgments of all men than all the Tryals since the beginning of their sitting and it is very strange and wonderful to all of the Long Robe that the King should give such a Letter having divested himself of that Authority and reposed the Trust in the Commissioners for that purpose And likewise it is admired that the Commissioners having taken solemn Oaths To execute nothing but according to and in pursuance of the Act of Settlement should barely upon his Majesty's Letter declare the Marquess Innocent To be short There never was so great a Rebel that had so much favour from so good a King And it is very evident to me though young and scarce yet brought upon the stage that the consequence of these things will be very bad and if God of his extraordinary mercy do not prevent it War and if possible greater Judgments cannot be far from us where Vice is Patroniz'd and Antrim a Rebel upon Record and so lately and clearly proved one should have no other colour for his Actions but the King 's own Letter which takes all Imputations from Antrim and lays them totally upon his own Father Sir I shall by the next if possible send you over one of our Briefs against my Lord by some Friend It 's too large for a Pacquet it being no less in bulk than a Book of Martyrs I have no more at present but refer you to the King's Letter hereto annexed CHARES R. RIght Trusty and well-beloved Cousins and Counsellors c. We greet you well How far we have been from interposing on the behalf of any of our Irish Subjects who by their miscarriages in the late Rebellion in that Kingdom of Ireland had made themselves unworthy of Our Grace and Protection is notorious to all men and We were so jealous in that particular that shortly after Our return into this Our Kingdom when the Marquess of Antrim came hither to present his duty to Us upon the Information We received from those Persons who then attended Us by a Deputation from Our Kingdom of Ireland or from those who at that time owned our Authority there that the Marquess of Antrim had so misbehaved himself towards Us and Our late Royal Father of blessed memory that he was in no degree worthy of the least Countenance from Us and that they had manifest and unquestionable Evidence of such his guilt Whereupon We refused to admit the said Marquess so much as into Our Presence but on the contrary committed him Prisoner to our Tower of London where after he had continued several Months under a strict restraint upon the continual Information of the said Persons We sent him into Ireland without interposing the least on his behalf but left him to undergo such a Tryal and Punishment as by the Justice of that Our Kingdom should be found due to his Crime expecting still that some heinous Matter would be objected and proved against him to make him uncapable and to deprive him of that Favour and Protection from Us which we knew his former Actions and Services had merited After many months attendance there and We presume after such Examinations as were requisite he was at last dismissed without any Censure and without any transmission of Charge against him to Us and with a License to transport himself into this Kingdom We concluded that it was then time to give him
rather inclined to desire that a Party accused should be found guilty than that he should be declared innocent if he be so in truth Doubtless the King ought to wish in all Enquiries made after Treason Felonies c. that there were none to be found in his Kingdom and that whosoever is accused might be able to answer so well and truly for himself as to shew the Accusation to be erroneous or false and to be acquitted of it Something of this appears in the common Custom of England that the Clerks of the King's Courts of Justice when any man hath pleaded Not guilty to an Indictment prays forthwith that God would send him a good deliverance The destruction of every Criminal is a loss to a Prince and ought to be grievous to him in the common regard of humanity and the more particular Relation of his Office and the name of Father The King's Interest and Honour is more concerned in the protection of the Innocent than in the punishment of the Guilty This Maxime can never run them into excesses for it hath ever been lookt upon as a mark of great Wisdom and Vertue in some Princes and States upon several occasions to destroy all Evidences against Delinquents and nothing is more usual than to compose the most dangerous Distempers of Nations by Acts of general Amnesty which were utterly unjust if it were as great a Crime to suffer the Guilty to escape as to destroy the Innocent We do not only find those Princes represented in History under odious Characters who have basely murthered the Innocent but such as by their Spies and Informers were too inquisitive after the Guilty whereas none was ever blamed for Clemency or for being too gentle Interpreters of the Laws Tho Trajan was an excellent Prince endowed with all heroical Virtues yet the most Eloquent Writers and his best Friends found nothing more to be praised in his Government Tacit. lib. 1. Hist than that in his time all men might think what they pleased and every man speak what he thought and he had no better way of distinguishing himself from his wicked Predecessors than by hanging up the Spies and Informers whom they had employed for the discovery of Crimes But if the punishment of Offenders were as universally necessary as the protection of the Innocent he were as much to be abhorred as Nero and that Clemency which is so highly praised were to be lookt upon as the worst of Vices and those who have hitherto been taken for the best of Princes were altogether as detestable as the worst Moreover all humane Laws were ordained for the preservation of the Innocent and for their sakes only are punishments inflicted that those of our own Country do solely regard this was well understood by Fortescue who saith Fort. de Laud. Leg. Ang. ch 27. Indeed I could rather wish Twenty Evil-doers to â—â—ape death through pity than one man to be unjustly condemned Such Blood hath cried to Heaven for Vengeance against Families and Kingdoms and their utter destruction hath ensued If a Criminal build be acquitted by too great lenity caution or otherwise he may be reserved for future Justice from Man or God if be doth not repent but 't is impossible that satisfaction or reparation should be made for innocent Bloodshed in the forms of Justice Without all question the King 's only just Interest in the Evidence given against the Party accused and in the manner of taking it is to have the truth made manifest that Justice may thereupon be done impartially And if Accusations may be first examined in secret more strictly and exactly to prevent Fraud and Perjury than is possible to be done in open Court as hath before appeared then 't is for the King's benefit to have it so And nothing done in or by a Court about the Trial of the Accused is for the King in the sense of our Law unless it some way conduce to Justice in the case The Witnesses which the Prosecutor brings are no further for the King than they tell the truth and the whole truth impartially and by whomsoever any others may be called upon the Enquiry or the Trial to be examined if they sincerely deliver the truth of the matters in question they are therein the King's Witnesses though the Accused be acquitted by reason of their Testimonies If such as are offered by the Attorny-General to prove Treason against any man shall be found to swear falsly maliciously or for Reward or Promises though they depose positively Facts of Treason against the Accused yet they are truly and properly Witnesses against the King by endeavouring to prevent Justice and destroy his Subjects Their Malice and Villany being confessed or proved the King's Attorney ought ex Officio to prosecute them in the King's Name and at his Suit for their Offences against him in such Depositions pretended to have been for him and the legal Form of the Indictment ought to be for their swearing falsly and maliciously against the Peace of the King his Crown and Dignity The Prosecutors themselves notwithstanding their big words and assuming to themselves to be for the King if their Prosecution shall be proved to be malicious or by Conspiracy against the Life or Fortune of the Accused they are therein against the King and ought to be indicted at the King's Suit for such Prosecutions done against His Crown and Dignity And if an Attorney-General should be found knowingly guilty of abetting such a Conspiracy his Office could not excuse or legally exempt him from suffering the villanous Judgment to the destruction of him and his Family 'T is esteemed in the Law one of the most odious Offences against the King to attempt in his Name to destroy the Innocent for whose Protection he himself was ordained Queen Elizabeth had the true sense of our Law when the Lord Burleigh Co. Inst 3d part p. 79. upon Sir Edward Coke her then Attorney's coming into her presence told her This is he who prosecutes pro Domina Regina for our Lady the Queen and She said she would have the form of the Records altered for it should be Attornatus Generalis qui pro Domina veritate sequitur The Attorney-General who prosecutes for our Lady the Truth Whoever is trusted in that employment dishonours his Master and Office if he gives occasion to the Subjects to believe that his Master seeks other profits or Advantages by Accusations than the common Peace and Welfare He ought not to excite a jealousie in any of their minds that confiscations of Estates are designed or desired by any of the King's Ministers whosoever makes such advantages to the Crown their principal aim in accusing are either Robbers and Murtherers in the Scripture-sense in seeking innocent Blood for gain or in the mildest Construction supposing the Accusation to be on good grounds they shew themselves to be of corrupt minds and a scandal to their Master and the Government Profit or loss of
that kind ought to have no place in judicial proceedings against suspected Criminals but truth is only to be regarded and for this reason the Judgments given in Court of humane Institution are in Scripture called the Judgments of God who is the God of truth Yet further If any benefit to the King could be imagined by making the Evidence to the Grand Jury publick it could not come in competition with the Law expressed in their Oath which by constant uninterrupted usage for so many Ages hath obtained the force of Law Bracton and Britton in their several Generations bear witness that it was then practised and greater proof of it needs not be sought than the Disputes that appear by the Law-Books to have been amongst the ancient Lawyers whether it was Treason or Felony for a Grand-Jury to discover either who was indicted or what Evidence was given them The Trust of the Grand Juries was thought so sacred in those Ages and their secrecy of so great concern to the Kingdom that whosoever should break their Oath therein was by all thought worthy to die Co. Instit 3d part p. 107. Rulls Indic 771. only some would have had them suffer as Traytors others as Felons And at this day it is held to be a high Misprision punishable by Fine and Impoverishment The Law then having appointed the Evidence to be given to Grand Juries in secret the King cannot desire to have it made publick He can do no wrong saith the old Maxime that is He can do nothing against the Law nor is any thing to be judged for his benefit that is not warranted by Law His Will Commands and Desires are therein no otherwise to be known He cannot change the legal Method or manner of enquiring by Juries nor vary in any particular case from the customary and general forms of judicial proceedings he can neither abridge nor enlarge the power of Juries no more than he can lessen the legal Power of the Sheriffs or Judges or by special Direction order the one how they shall execute Writs and the other how they shall give Judgments though these made by himself 'T is criminal no doubt for any to say that the King desires a Court of Justice or a Jury to vary from the direction of the Law and they ought not to be believed therein If Letters Writs or other Commands should come to the Judges for that purpose they are bound by their Oaths not to regard them but to hold them for null the Statutes of 2 E. 3.8 and 20 E. 3.1 are express That if any Writs or Commandments come to the Justices in disturbance of the Law or the Execution of the same or of right to the Parties they shall proceed as if no such Letters Writs or Commands were come to them And the substance of these and other Statutes is inserted into the Oath taken by every Judge and if they be under the most solemn and sacred Tye in the Execution of Justice to hold for nothing or none the Commands of the King under the Great Seal surely the Word or Desire of an Attorney-General in the like case ought to be less than nothing Besides they are strangely mistaken who think the King can have an Interest different from or contrary unto that of the Kingdom in the prosecution of Accused Persons His Concernments are involved in those of his People and he can have none distinct from them He is the Head of the Body Politick and the legal Course of doing Justice is like the orderly circulation of the Blood in the Natural Bodies by which both Head and Body are equally preserved and both perish by the interruption of it The King is obliged to the utmost of his Power to maintain the Law and Justice in its due course by his Coronation Oath and the Trust thereby reposed in him In former Ages he was conjured not to take the Crown unless he resolved punctually to observe it Brom. p. 1159. Mat. Paris p. 153. Bromton and others speaking of the Coronation of Richard the first delivered it thus That having first taken the Oath Deinde indutus Mantello ductus est ad Altare conjuratus ab Archiepiscopo prohibitus ex parte Dei ne hunc Honorem sibi assumat nisi in mente habeat tenere Sacramenta Vota quae superius fecit Et Ipse respondit se per Dei auxilium omnia supradicta observaturum bona fide Deinde cepit Corâ—nam de Altari tradidit eam Archiepiscopo qui posuit eam super caput Regis sic Coronatus Rex ductus est ad sedem suam Afterward cloathed with the Royal Robe he is led to the Altar and conjured by the Archbishop and forbid in the Name of God not to assume that Honour unless he intended to keep the Oaths and Vows he had before made and he answered By God's help he would faithfully observe all the Premises and then he took the Crown from off the Altar and delivered it to the Archbishop who put it upon the King's Head and the King thus Crowned is led unto His Seat The violation of which Trust cannot but be as well a wound unto their Consciences as bring great Prejudice upon their Persons and Affairs The Common-Law that exacts this doth so far provide for Princes That having their minds free from cares of preserving themselves they may rest assured that no Acts Words or Designs that may bring them into danger can be concealed from the many Hundreds of Men who by the Law are appointed in all parts of the Kingdom watchfully to take care of the King and are so far concerned in His safety that they can hope no longer to enjoy their own Lives and Fortunes in Peace than they can preserve him and the good Order which according to the Laws he is to uphold It is the joynt Interest of King and People that the ancient Rules of doing Justice be held sacred and inviolable and they are equally concerned in causing strict enquiries to be made into all Evidences given against suspected or accused Persons that the Truth may be discovered and such as dare to disturb the Publick Peace by breaking the Laws may be brought to punishment And the whole course of Judicial Proceedings in Criminal Causes shews that the People is therein equally concerned with the King whose name is used This is the ground of that distinction which Sir Ed. Coke makes between the Proceedings in Pleas of the Crown and Actions for wrongs done to the King himself In Pleas of the Crown or other common offences nusances c. Co. 3d. Inst pag. 136. principally concerning others or the Publick there the King by Law must be apprised by Indictment Presentment or other matter of Record but the King may have an Action for such wrong as is done is himself and whereof none other can have an Action but the King without being apprised by Indictment Presentment or other matter of Record
Invaders of our common Liberties of England in our said Charters contained and when we had conceived firm and undoubted hopes that these our Liberties would have been faithfully preserved by all men the King circumvented and seduced by the Counsels of evil Ministers hath not been afraid to violate it by infringing them falsly believing that he could for Rewards be absolved from that offence which would be the manifest destruction of the Kingdom There is another thing also that grieves our Spirits that the Justices subtilly and maliciously by diverse Arguments of covetousness and intollerable pride have the King against his faithful Subjects sundry ways incited and provoked counselling him contrary to the good and wholsome Advice of all the Liegemen of England and have not blushed nor been afraid impudently to assert and prefer their own foolish Councils as if they were more fit to consult and preserve the Commonweal than all the Estates of the Kingdom together assembled so that it may be truly said of them they are the men that troubled the Land and disturb'd the Nation under a false colour of gravity have the whole People grievously opprest and under pretence of expounding the antient Laws have introduced new I will not say Laws but evil Customs so that through the Ignorance of some and partiality of others who for reward or fear of great Men have been engaged there was no certainty of Law and they scorned to administer Justice to the people their deeds are deeds of wickedness and the work of Iniquity is in their hand their feet make haste to evil and the way of truth have they not known what shall I say there is no Judgment in their paths How many Free-men of this Land faithful Subjects of our Lord the King have like the meanest Slaves of lowest condition without any fault been cast into Prison where some of them by hunger grief or the burthen of their chains have expired they have also extorted at their pleasure infinite sums of money for their ransoms the Coffers of some that they might fill their own as well from the rich as the poor they have exhausted by reason whereof they have contracted the irreconcilable hatred and dreadful imprecations of all men as if they had purchas'd and obtain'd such an incommunicable priviledge by their detestable Charter of non Obstante that they might at their own lust be free from all Laws both humane and divine Moreover there is another more the ordinary grievance which hitherto hath and in some measure doth still rage among us All things are expos'd to sale if not as it were to plunder and theft Alas how great power hath the love of money in the breasts of Men Hear therefore O ye wicked from my mouth the dreadful decree of Heaven the dejection af your countenances accuseth you and like the men of Sodom ye have not hidden but proclaimed the sin woe be to your souls woe be to them that make Laws and Writing write injustice that they may oppress the poor in Judgment and injure the cause of the humble that Widows may become their Prey and that they might destroy the Orphan Woe be to those that build their Houses in injustice and their Tabernacles in Vnrighteousness Woe be to them that covet large possessions that break open Houses and destroy the Man and his Inheritance woe be to such Judges who are like Wolves in the Evening and leave not a bone till the morning The Righteous Judge will bring such Counsellors to a foolish end and such Judges to confusion ye shall all presently with a loud cry receive the just sentence of the Land At the hearing of these things all Ears tingled and the whole Community lifted up their Voice and mourned saying Alas alas for us what is become of that English Liberty which we have so often purchased which by so many Concessions so many Statutes so many Oaths have been confirmed to us Hereupon several of the Criminals withdrew into secret places being concealed by their friends some of them were brought forth into the midst of the People and deservedly turned out of their Offices one was banished the Land and others were grievously Fined or Condemned to perpetual Imprisonment This is confirmed by Spelman An. 1290. All the Justices of England saith he were An. 18. Ed. 1. apprehended for Corruption except John Mettingham and Elias Bleckingham whom I name for their honour and by Judgment of Parliament condemned some to Imprisonment others Banishment or Confiscation of their Estates and none escaped without grievous Fines and the loss of their Offices The Speech and Carriage of STEPHEN COLLEDGE Before the Castle at Oxford Wednesday Aug. 31. 1681. Taken exactly from his Mouth at the place of Execution Mr. High-Sheriff MR. Colledge It is desired for satisfaction of the World because you have profest your self a Protestant that you would tell what Judgment you are of Colledge Dear People dear Protestants and dear Country-men I Have been Accused and Convicted for Treason the Laws Adjudge me to this Death and I come hither willingly to submit to it I pray God forgive all those persons that had any hand in it I do declare to you whatever has been said of me that I was never a Papist or ever that way inclined they have done me wrong I was ever a Protestant I was born a Protestant I have lived so and so by the Grace of God I will die of the Church of England according to the best Reformation of the Church from all Idolatry from all Superstition or any thing that is contrary to the Gospel of our blessed Lord and Saviour I do declare I was never in any Popish Service Prayers or Devotions in my life save one time about seventeen or eighteen years ago as near as I remember I was out of a curiosity one afternoon at St. James's Chappel the Queens Chappel at St. James's except that one time I never did hear any Popish Service any thing of the Church of Rome Mass or Prayers or any thing else private or publick I know you expect that I should say something as to what I die for It has been charged upon me when I was apprehended and brought before the Council some of the Council the Secretary and my Lord Killingworth and Mr. Seymour they told me there was Treason sworn against me truly they surprized me when they said so for of all things in the World I thought my self as free from that as any man I asked them if any man living had the confidence to swear Treason against me They said several three or four as I remember Then they told me it was sworn against me that I had a design to pull the King out of White-hall and to serve him as his Father was served or to that purpose the Loggerhead his Father or that kind of Language I did deny it then and do now deny it upon my Death I never was in any manner of Plot in my
of England though I could never yet comply with or rise up to all the heights of many People I wish with all my Soul all our unhappy Differences were removed and that all sincere Protestants would so far consider the Danger of Popery as to lay aside their Heats and agree against the Common Enemy and that the Church-men would be less severe and the Dissenters less scrupulous For I think Bitterness and Persecution are at all times bad but much more now For Popery I look on it as an Idolatrous and Bloody Religion and therefore thought my self bound in my station to do all I could against it And by that I foresaw I should proture such great Enemies to my self and so powerful ones that I have been now for some time expecting the worst And blessed be God I fall by the Axe and not by the Fiery Tryal Yet whatever apprehensions I had of Popery and of my own severe and heavy share I was like to have under it when it should prevail I never had a thought of doing any thing against it basely or inhumanely but what could well consist with the Christian Religion and the Laws and Liberties of this Kingdom And I thank God I have examin'd all my actings in that matter with so great care that I can appeal to God Almighty who knows my heart that I went on sincerely without being moved either by Passion By-ends or ill-design I have always loved my Country much more than my life and never had any Design of changing the Government which I value and look upon as one of the best Governments in the World and would always have been ready to venture my life for the preserving it and would have suffered any Extremity rather than have consented to any Design to take away the King's Life Neither ever had Man the impudence to propose so base and barbarous a thing to me And I look on it as a very unhappy and uneasy part of my present Condition That in my Indictment there should be so much as mention of so vile a Fact tho' nothing in the least was said to prove any such Matter but the contrary by the Lord Howard Neither does any body I am confident believe the least of it So that I need not I think say more For the King I do sincerely pray for him and wish well to him and to the Nation That they may be happy in one another that he may be indeed the Defender of the Faith That the Protestant Religion and the Peace and Safety of the Kingdom may be preserved and flourish under his Government and that He in his Person may be happy both here and hereafter As for the share I had in the Prosecution of the Popish Plot I take God to witness That I proceeded in it in the Sincerity of my heart being then really convinced as I am still that there was a Conspiracy against the King the Nation and the Protestant Religion And I likewise profess That I never knew any thing either directly or indirectly of any Practice with the Witnesses which I look upon as so horrid a thing that I could never have endured it For I thank God Falshood and Cruelty were never in my Nature but always the farthest from it imaginable I did believe and do still That Popery is breaking in upon the Nation and that those who advance it will stop at nothing to carry on their Design I am heartily sorry that so many Protestants give their helping hand to it But I hope God will preserve the Protestant Religion and this Nation Though I am afraid it will fall under very great Tryals and very sharp Sufferings And indeed the Impiety and Prophaneness that abounds and appears so scandalously bare-fac'd every where gives too just reason to fear the worst things which can befall a People I pray God prevent it and give those who have shew'd Concern for the Publick Good and who have appear'd hearty for the true Interest of the Nation and the Protestant Religion Grace to live so that they may not cast a reproach on that which they endeavour to advance which God knows has often given me many sad thoughts And I hope such of my Friends as may think they are touch'd by this will not take what I say in ill part but endeavour to amend their ways and live suitable to the Rules of the true Reformed Religion which is the only thing can administer true Comfort at the latter end and revive a man when he comes to Dye As for my present Condition I bless God I have no repining in my heart at it I know for my Sins I have deserved much worse at the hands of God so that I chearfully submit to so small a Punishment as the being taken off a few years sooner and the being made a Spectacle to the World I do freely forgive all the World particularly those concerned in taking away my life and I desire and conjure my Friends to think of no Revenge but to submit to the holy Will of God into whose Hands I resign my self entirely But to look back a little I cannot but give some touch about the Bill of Exclusion and shew the Reasons of my appearing in that Business which in short is this That I thought the Nation was in such danger of Popery and that the expectation of a Popish Successor as I have said in Parliament put the King's life likewise in such danger that I saw no way so effectual to secure both as such a Bill As to the Limitations which were proposed if they were sincerely offered and had pass'd into a Law the Duke then would have been excluded from the power of a King and the Government quite alter'd and little more than the name of a King left So I could not see either Sin or Fault in the one when all People were willing to admit of t'other but thought it better to have a King with his Prerogative and the Nation easie and safe under him than a King without it which must have bred perpetual Jealousies and a continual struggle All this I say only to justifie my self and not to enflame others Though I cannot but think my Earnestness in that matter has had no small influence in my present Sufferings But I have now done with this World and am going to a Kingdom which cannot be moved And as to the Conspiring to seize the Guards which is the Crime for which I am Condemned and which was made a constructive Treason for taking away the King's Life to bring it within the Statue of Ed. the 3d. I shall give this true and clear account I never was at Mr. Shepheard's with that Company but once and there was no undertaking then of securing or seizing the Guards nor none appointed to view or examine them Some Discourse there was of the feasibleness of it and several times by accident in general Discourse elsewhere I have heard it mention'd as a thing might
this Absolute Power it is a little too hard to make men swear to maintain the King in it and if that Kingdom has suffered so much by the many Oaths that have been in use among them as is marked in his Proclamation I am afraid this new Oath will not much mend the matter XIV Yet after all there is some Comfort his Majesty assures them he will use no Violence nor Force nor any Invincible Necessity to any man on the account of his perswasion It were too great a want of respect to fancy that a time may come in which even this may be remembred full as well as the promises that were made to the Parliament after his Majesty came to the Crown I do not I confess apprehend that for I see here so great a Caution used in the choice of these words that it is plain very great Severities may very well consist with them It is clear that the general words of Violence and Force are to be determined by the last Invincible Necessity so that the King does only promise to lay no Invincible Necessity on his Subjects but for all Necessities that are not Invincible it seems they must bear a large share of them Disgraces want of imployments Fines and Imprisonments and even Death it self are all vincible things to a man of a firmness of mind so that the Violences of Torture the Furies of Dragoons and some of the Methods now practised in France perhaps may be included within this Promise since these seem almost Invincible to Humane Nature if it is not fortified with an Extraordinary measure of Grace but as to all other things his Majesty binds himself up from no part of the Exercise of his Absolute Power by this Promise XV. His Majesty Orders this to go Immediatly to the Great Seal without passing through the other Seals now since this is Counter-signed by the Secretary in whose hands the Signet is there was no other step to be made but through the Privy Seal so I must own I have a great Curiosity of knowing his Character in whose hands the Privy Seal is at present for it seems his Conscience is not so very supple as the Chancellors and the Secretaries are but it is very likely if he does not quickly change his Mind the Privy Seal at least will quickly change his Keeper and I am sorry to hear that the Lord Chancellor and Secretary have not another Brother to fill this post that so the guilt of the ruine of that Nation may lie on one single Family and that there may be no others involved in it XVI Upon the whole matter many smaller things being waved it being extream unpleasant to find fault where one has all possible dispositions to pay all respect we here in England see what we must look for A Parliament in Scotland was try'd but it proved a little stubborn and now Absolute Power comes to set all right so when the Closetting has gone round so that Noses are counted we may perhaps see a Parliament here but if it chances to be untoward and not to Obey without Reserve then our Reverend Judges will copy from Scotland and will not only tell us of the King 's Imperial Power but will discover to us this new Mystery of Absolute Power to which we are all bound to Obey without Reserve These Reflections refer in so many places to some words in the Proclamation that it was thought necessary to set them near one another that the Reader may be able to Judge whether he is deceived by any false Quotations or not By the King A PROCLAMATION JAMES R. JAMES the Seventh by the Grace of God King of Scotland England France and Ireland Defender of the Faith c. To all and sundry our good Subjects whom these presents do or may concern Greeting We have taken into our Royal Consideration the many and great inconveniencies which have happened to that our Ancient Kingdom of Scotland of late years through the different perswasions in the Christian Religion through the great Heats and Animosities amongst the several Professors thereof to the ruin and decay of Trade wasting of Lands extinguishing of Charity contempt of the Royal Power and converting of true Religion and the Fear of God into Animosities Names Fractions and sometimes into Sacrilege and Treason And being resolved as much as in us lies to Unite the Hearts and Affections of Our Subjects to GOD in Religion to Us in Loyalty and to their Neighbours in Christian Love and Charity Have therefore thoughe fit to Grant and by our Soveraign Authority Prerogative Royal and Absolute Power which all our Subjects are to Obey without Reserve Do hereby give and grant Our Royal Toleration to the several Professors of the Christian Religion after named with and under the several Conditions Restrictions and Limitations after-mentioned In the first place We Allow and Tolerate the Moderate Presbyterians to Meet in their Private Houses and there to hear all such Ministers as either have or are willing to accept of Our Indulgence allanerly and none other and that there be not any thing said or done contrary to the Well and Peace of Our Reign Seditious or Treasonable under the highest Pains these Crimes will import nor are they to presume to Build Meeting-Houses or to use Out-Houses or Barns but only to Exercise in their Private Houses as said is In the mean time it is our Royal Will and Pleasure that Field-Conventicles and such as Preach or Exercise at them or who shall any ways assist or connive at them shall be prosecuted according to the utmost Severity of our Laws made against them seeing from these Rendezvouzes of Rebellion so much Disorder hath proceeded and so much Disturbance to the Government and for which after this Our Royal Indulgence for tender Consciences there is no Excuse left In like manner we do hereby tolerate Quakers to meet and Exercise in their Form in any place or places appointed for their Worship And considering the Severe and Cruel Laws made against Roman Catholicks therein called Papists in the Minority of Our Royal Grand-Father of * Glorious Memory without His Consent and contrary to the Duty of good Subjects by His Regents and other Enemies to their Lawful Soveraigns Our Royal Great Grand-Mother Queen Mary of Blessed and Pious Memory wherein under the pretence of Religion they cloathed the worst of Treasons Factions and Usurpations and made these Laws not as against the Enemies of GOD but their own which Laws have still been continued of course without design of executing them or any of them ad terrorem only on Supposition that the Papists relying on an External Power were incapable of Duty and true Allegiance to their Natural Soveraign and Rightful Monarchs We of Our certain Knowledge and long Experience knowing that the Catholicks as it is their Principle to be good Christians so it is to be dutiful Subjects and that they have likewise on all Occasions shewn themselves
Protestant Religion in the Churches And that We will and hereby promise on Our Royal Word to maintain the possessors of Church Lands formerly belonging to Abbeys or other Churches of the Catholick Religion in their full and free possession and right according to Our Laws and Acts of Parliament in that behalf in all time coming And We will imploy indifferently all our Subjects of all Perswasions so as none shall meet with any Discouragement on the account of his Religion but be advanced and esteemed by Us according to their several Capacities and Qualifications so long as We find Charity and Unity maintained And if any Animosities shall arise as We hope in God there will not We will shew the severest Effects of Our Royal Displeasure against the Beginners or Fomenters thereof seeing thereby Our Subjects may de deprived of this general Ease and Satisfaction We intend to all of them whose Happiness Prosperity Wealth and Safety is so much Our Royal Care that We will leave nothing undone which may procure these Blessings for them And lastly to the End all our good Subjects may have Notice of this Our Royal Will and Pleasure We do hereby command Our Lyon King at Arms and his Brethren Heraulds Macers Pursevants and Messengers at Arms to make timous Proclamation thereof at the Marcat-Cross of Edinburgh And besides the printing and Publishing of this Our Royal Proclamation it is Our express Will and Pleasure that the same be past under the great Seal of that Our Kingdom per saltum * without passing any other Seal or Register In Order whereunto this shall be to the Directors of Our Chancelary and their Deputies for writing the same and to Our Chancellor for causing our Great Seal aforesaid to be appended thereunto a sufficient Warrand Given at Our Court at Whitehall the twelfth day of Febr. 1686. and of Our Reign the Third Year By His Majesties Command MELFORT God save the King His Majesties Gracious DECLARATION to all His Loving Subjects for Liberty of Conscience JAMES R. IT having pleased Almighty God not only to bring Us to the Imperial Crown of these Kingdoms through the greatest difficulties but to preserve Us by a more than ordinary Providence upon the Throne of Our Royal Ancestors there is nothing now that we so earnestly desire as to Establish our Government on such a Foundation as may make Our Subjects happy and unite them to Us by Inclination as well as by Duty Which We think can be done by no Means so effectually as by granting to them the free Exercise of their Religion for the time to come and add that to the perfect Enjoyment of their Property which has never been in any case Invaded by Us since Our coming to the Crown Which being the two things Men value most shall ever be preserved in these Kingdoms during Our Reign over them as the truest Methods of their Peace and Our Glory We cannot but heartily wish as it will easily be believed That all the People of Our Dominions were Members of the Catholick Church yet We humbly thank Almighty God it is and hath of long time been Our constant Sense and Opinion which upon diverse Occasions We have Declared That Conscience ought not to be constrained nor People forced in Matters of meer Religion It has ever been directly contrary to Our Inclination as We think it is to the Interest of Government which it destroys by Spoiling Trade Depopulating Countries and Discouraging Strangers and finally that it never obtained the End for which it was employed And in this We are the more confirmed by the Reflections We have made upon the Conduct of the Four last Reigns For after all the frequent and pressing Endeavours that were used in each of them to reduce this Kingdom to an exact Conformity in Religion it is visible the Success has not answered the Design and that the Difficulty is invincible We therefore out of Our Princely Care and Affection unto all Our Loving Subjects that they may live at Ease and Quiet and for the increase of Trade and encouragement of Strangers have thought fit by virtue of Our Royal Prerogative to Issue forth this Our Royal Declaration of Indulgence making no doubt of the Concurrence of Our Two Houses of Parliament when We shall think it convenient for them to Meet In the first place We do Declare That We will Protect and Maintain Our Arch-Bishops Bishops and Clergy and all other our Subjects of the Church of England in the free Exercise of their Religion as by Law Established and in the quiet and full Enjoyment of all their Possessions without any Molestation or Disturbance whatsoever We do likewise Declare That it is Our Royal Will and Pleasure That from henceforth the Execution of all and all manner of Penal Laws in Matters Ecclesiastical for not coming to Church or not Receiving the Sacrament or for any other Non-conformity to the Religion Established or for or by reason of the Exercise of Religion in any manner whatsoever be immediately Suspended And the further Execution of the said Penal Laws and every of them is hereby Suspended And to the end that by the Liberty hereby Granted the Peace and Security of Our Government in the Practice thereof may not be endangered We have thought fit and do hereby straitly Charge and Command all Our Loving Subjects That as We do freely give them Leave to Meet and Serve God after their own Way and Manner be it in private Houses or Places purposely Hired or Built for that use So that they take especial care that nothing be Preached or Taught amongst them which may any ways tend to Alienate the Hearts of Our people from Us or Our Government and that their Meetings and Assemblies be peaceably openly and publickly held and all Persons freely admitted to them And that they do signifie and make known to some one or more of the next Justices of the Peace what place or places they set apart for those uses And that all Our Subjects may enjoy such their Religious Assemblies with greater Assurance and Protection We have thought it Requisite and do hereby Command That no Disturbance of any kind be made or given unto them under pain of our Displeasure and to be further proceeded against with the uttermost Severity And forasmuch as We are desirous to have the Benefit of the Service of all Our Loving Subjects which by the Law of Nature is inseparably annexed to and inherent in Our Royal Person And that none of Our Subjects may for the future be under any Discouragement or Disability who are otherwise well inclined and fit to serve Us by reason of some Oaths or Tests that have been usually Administred on such Occasions We do hereby further Declare That it is Our Royal Will and Pleasure That the Oaths commonly called The Oaths of Supremacy and Allegiance and also the several Tests and Declarations mentioned in the Acts of Parliament made in the 25th and 30th Years of
the Nature of a Bargain and the due Circumstances belonging to an Equivalent and will now conclude with this short Word Where Distrusting may be the Cause of provoking Anger and Trusting may be the Cause of bringing Ruine the Choice is too easie to need the being explained A LETTER From a Gentleman in the City To his Friend in the Country Containing his Reasons for not Reading the Declaration SIR I Do not wonder at your Concern for finding an Order of Council published in the Gazette for Reading the King's Declaration for Liberty of Conscience in all Churches and Chappels in this Kingdom You desire to know my Thoughts about it and I shall freely tell them for this is not a time to be reserved Our Enemies who have given our Gracious King this Counsel against us have taken the most effectual way not only to ruine us but to make us appear the Instruments of our own Ruine that what Course soever we take we shall be undone and one side or other will conclude that we have undone our selves and fall like Fools To lose our Livings and Preferments nay our Liberties and our Lives in a plain and direct Opposition to Popery as suppose for refusing to read Mass in our Churches or to swear to the Trent Creed is an honorable way of falling and has the Divine Comforts of Suffering for Christ and his Religion and I hope there is none of us but can chearfully submit to the Will of God in it But this is not our present Case to read the Declaration is not to read the Mass nor to profess the Romish Faith and therefore some will judge that there is no hurt in Reading it and that to suffer for such a Refusul is not to fall like Confessors but to suffer as Criminals for disobeying the Lawful Commands of our Prince but yet we judge and we have the concurring Opinions of all the Nobility and Gertry with us who have already suffered in this Cause that to take away the Test and Penal Laws at this time is but one step from the introducing of Popery and therefore to read such a Declaration in our Churches though it do not immediately bring Popery in yet it sets open our Church Doors for it and then it will take its own time to enter So that should we comply with this Order all good Protestants would despise and hate us and men we may be easily crushed and shall soon fall with great Dishonour and without any Pity This is the Difficulty of our Case we shall be censured on both sides but with this Difference We shall fall a little sooner by not Reading the Declaration if our Gracious Prince resent this as an Act of an obstinate and peevish or factious Disobedience as our Enemies will be sure to represent it to him We shall as certainly fall and not long after if we do read it and then we shall fall unpitied and despised and it may be with the Curses of the Nation whom we have ruined by our Compliance and this is the way never to rise more And may I suffer all that can be suffered in this World rather than contribute to the sinal Ruine of the best Church in the World Let us then examine this Matter impartially as those who have no mind either to ruine themselves or to ruine the Church I suppose no Minister of the Church of England can give his Consent to the Declaration Let us then consider whether Reading the Declaration in our Churches be not an Interpretative Consent and will not with great Reason be interpreted to be so For First By our Law all Ministerial Officers are accountable for their Actions The Authority of Superiors though of the King himself cannot justifie inferior Officers much less the Ministers of State if they should execute any illegal Commands which shews that our Law does not look upon the Ministers of Church or State to be meer Machines and Tools to be managed wholly by the Will of Superiors without exercising any Act of Judgment or Reason themselves for then inferior Ministers were no more punishable than the Horses are which draw an innocent Man to Tyburn and if inferior Ministers are punishable then our Laws suppose that what we do in obedience to Superiors we make our own Act by doing it and I suppose that signifies our Consent in the Eye of the Law to what we do It is a Maxime in our Law That the King can do no Wrong and therefore if any Wrong be done the Crime and Guilt is the Ministers who does it for the Laws are the King 's publick Will and therefore he is never supposed to command any thing contrary to Law nor is any Minister who does an illegal Action allowed to pretend the King's Command and Authority for it and yet this is the only Reason I know why we must not obey a Prince against the Laws of the Land or the Laws of God because what we do let the Authority be what it will that commands it becomes our own Act and we are responsible for it and then as I observed before it must imply our own Consent Secondly The Ministers of Religion have a greater Tye and Obligation than this because they have the Care and Conduct of Mens Souls and therefore are bound to take Care that what they publish in their Churches be neither contrary to the Laws of the Land nor to the Good of the Church For the Ministers of Religion are not look'd upon as Common Cryers but what they Read they are supposed to recommend too though they do no more than Read it and therefore to read any thing in the Church which I do not consent to and approve nay which I think prejudicial to Religion and the Church of God as well as contrary to the Laws of the Land is to misguide my People and to dissemble with God and Men because it is presum'd that I neither do nor ought to read any thing in the Church which I do not in some degree approve Indeed let Mens private Opinions be what they will in the Nature of the thing he that reads such a Declaration to his People teaches them by it For is not Reading Teaching Suppose then I do not consent to what I read yet I consent to Teach my People what I Read and herein is the Evil of it for it may be it were no Fault to Consent to the Declaration but if I consent to Teach my People what I do not consent to my self I am sure that is a great one And he who can distinguish between consenting to Read the Declaration and consenting to Teach the People by the Declaration when Reading the Declaration is teaching it has a very subtile Distinguishing Conscience Now if consenting to Read the Declaration be a Consent to Teach it my People then the natural Interpretation of Reading the Declaration is That he who Reads it in such a solemn Teaching-manner Approves it If this be not
ordinary capacity needs not put his Natural Talent on the Rack to refute them The very first position of the paper viz. That Ireland is in a better way of Thriving under the Government of a Native than an Englishman by which I suppose you mean one not barely so by Birth but by Inclination Interest Education Religion c. is so false that it contradicts the Experience and Reason of Mankind and disgusts one so much in the front of the Letter that I was tempted to fling it away unread judging it not worth the loss of so much time if the rest should prove of the same kind as indeed I found it upon perusal but having ventured through it I looked upon my self obliged to say something by way of Answer since in the opinion of some sort of Men the not Answering though even the most trifling Pamphlet is given out to be the Inability of the party to reply to the weight of such Arguments as are contained in it I will not insist much upon the constant practice of all the predecessors of our English Kings and their Counsellors ever since the Conquest of Ireland who made it an establisht Maxim in relation to that Kingdom That none but an Englishman should be Chief Governour insomuch that till within these two Years that practice gave occasion to the common erroneous opinion That a man born in Ireland however otherwise qualified was thereby incapacitated from being Lord Deputy It is certain that long before the Reformation when Matters of Religion made no distinction between the Natives of each Country this was the settled and unalter'd Rule Have we any reason then to alter it now that Religion is put into the Scale and become the additional weight which never fails giving the advantage to the side it espouses and adheres to or rashly to condemn the wise proceedings of the Ancestours of our Kings and contrary to the opinion of the VVorld judge our Author's Irish Understanding better than all the English ones that have been heretofore Our Author will certainly allow Ireland to be a conquered Country and consequently that the Conquerors have Right to establish Laws with such Restrictions and Limitations as shall seem fitting and convenient towards the keeping it in their Hands and the Welfare of the Inhabitants which are of two Sorts the British Planters and the Natives I shall prove that it has been and still is the Advantage of both these that Ireland should be governed by an English Man By the way I would have it understood that I do not pretend to put these two Interests into any Ballance I know the British Interest does so far outweigh the other that it were a Wrong done it to bring them into any Competition more than two parts of three of the Lands of Ireland being by the several Rebellions of the Irish in British Hands and for the Quality Temper Industry c. there is no Comparison besides that if one of two Parties is to be pleased though by the Detriment of the other 't is but just that the Conquerors who have Right to give Law should be indulged how much more when it is consistent with the Welfare of the Irish themselves if they understood their own Good I am convinced that whatever has been done in favour of the Natives is pure Grace and cannot be claimed as a just Debt any otherwise than since it has been confirmed by our Laws and Acts of Parliament He that reflects on 1641. will readily assent to this which makes me admire at the pertness of our Author in Capitulating as if we stood upon even Ground with them but 't is plain he considers the Interest but of one Party in that Kingdom and though he names Ireland often he means the Native Irish Papist only But I proceed To prove that it is the Interest of the British that Ireland should be governed by an Englishman Ineed say no more than that they all ardently desire it and People are the best Judge of their own Necessities The common Maxim That Interest will not lye holds good here to some purpose The ill Effects the contrary Method has had on their Persons and Estates is but too visible Whoever had seen Ireland four Years ago and would compare its Condition with what it is now from the most thriving and flourishing Country of Europe from a place of the briskest Trade and best paid Rents in Christendom it is fallen in one Year and a half 's time to Ruine and Desolation in the most frequent Cities empty Houses and melancholly Countenances in the best people'd Counties unmanur'd neglected Fields and Solitariness Such a one I say might justly exclaim Heu Quantum mutatus ab illo But it would be impertinent to insist any longer on this I must now prove That 't is the Advantage of the very Natives themselves who have long been uneasie under the English Government and often endeavour'd to shake it off to be ruled and guided by that Nation they hate so much They are beholding to us for reducing them from a State of Barbarity which left but little difference between them and Brutes We taught them to Live to Eat Drink and Lodge like humane Creatures if they esteem this any Advantage and do not really prefer their Native Wildness to all the Benefits of civil Society Trade Agriculture Merchandizing Learning c. and if the Gentleness of the English Government could have had any Influence on them they had no reason to be discontented at it They had the equal Protection of the Laws in relation to their Estates and Persons they bore but their just Proportion in all Taxes and Cesses Their Lands improved in Value by the Means of their British Neighbours and their Rents were much better paid than formerly whilest themselves were Masters of the whole Island They had a large Connivance for the Exercise of their Religion and were even allowed to hold a National Synod of their own Clergy in Dublin Anno 1666. The poor Natives were not oppressed when their severe Land-Lords the Irish Gentry by their cruel Extortions Casherings Duties and Days Labour ruined them who as soon as the English Manners prevailed among them as they were introduced with Difficulty enough there was need of the Authority of Acts of Parliament to constrain them for their own Good lived plentifully and in convenient Houses had their Share of the current Coin and proportion of all other Necessaries to the Life and Well-being of Man which now they want insomuch that several of them have been heard to curse my Lord Tyrconnel for to his Government they attribute their Misery and acknowledge they never lived so well as under the Direction of the English Rulers nor expected to do so again till they were restored to the Helm See the Force of Truth which compels the Confession of it even from the Mouths of its Adversaries One may easily perceive by our Authers manner of arguing where the Shoo
Power in Ecclesiastical Matters truly stated HIS present Majesty having erected an High-Commission Court to enquire of and make redress in Ecclesiastical Matters c. Q. Whether such a Commission as the Law now stands be good or not And I hold that the Commission is not good And to maintain my Opinion herein I shall in the first place briefly consider what Power the Crown of England had in Ecclesiastical or Spiritual Matters for I take them to be synonymous Terms before 17 Car. 1. ca. 11. And Secondly I shall particularly consider the Act of 17 Car. 1. ca. 11. And Thirdly I shall consider 13 Car. 2. ca. 12. And by that time I have fully considered these three Acts of Parliament it will plainly appear that the Crown of England hath now no Power to erect such a Court. I must confess and do agree That by the Common Law all Ecclesiastical Jurisdiction was lodged in the Crown and the Bishops and all Spiritual Persons derived their Jurisdiction from thence And I cannot find that there were any Attempts by the Clergy to divest the Crown of it till William the First 's Time and his Successors down to King John the Pope obtained four Points of Jurisdiction First Sending of Legates into England Secondly Drawing of Appeals to the Court of Rome Thirdly Donation of Bishopricks and other Ecclesiastical Benefices And Fourthly Exemption of Clerks from the Secular Power Which four Points were gained within the space of an hundred and odd Years but with all the Opposition imaginable of the Kings and their People and the Kingdom never came to be absolutely inslaved to the Church of Rome till King John's Time and then both King and People were and so continued to be in a great measure in Henry the Third's Time and so would in all likelihood have continued had not wise Edward the First opposed the Pope's Usurpation and made the Statute of Mortmain But that which chiefly brake the Neck of this was That after the Pope and Clergy had endeavoured in Edward the Second's Time and in the beginning of Edward the Third to usurp again Edward the Third did resist the Usurpation and made the Statutes of Provisors 25 Ed. 3. and 27 Ed. 3. And Richard the Second backed those Acts with 16 Rich. 2. ca. 5. and kept the Power in the Crown by them Laws which being interrupted by Queen Mary a bloody Bigot of the Church of Rome during her Reign there was an Act made in 1 Eliz-ca 1. which is Intituled Keeble's Stat. An Act to restore to the Crown the ancient Jurisdiction over the Estate Ecclesiastical and Spiritual and abolishing all foreign Powers repugnant to the same From which Title I collect three things First That the Crown had anciently a Jurisdiction over the Estate Ecclesiastical and Spiritual Secondly That that Jurisdiction had for some time been at least suspended and the Crown had not exercised it Thirdly That this Law did not introduce a new Jurisdiction but restored the old but with restoring the old Jurisdiction to the Crown gave a Power of delegating the Exercise of it And as a Consequence from the whole that all Jurisdiction that is lodged in the Crown is subject nevertheless to the Legislative Power in the Kingdom I shall now consider what Power this Act of 1 Eliz. 1. declares to have been anciently in the Crown and that appears from Sect. 16 17 18. of the same Act. Section 16. Abolisheth all Foreign Authority in Cases Spiritual and Temporal in these VVords And to the intent that all the Vsurped and Foreign Power and Authority Spiritual and Temporal may for ever be clearly extinguished and never to be used or obeyed within this Realm or any other Your Majesties Dominions or Countries 2 May it please Your Highness that it may be further Enacted by the Authority aforesaid that no Foreign Prince Person Prelate State or Potentate Spiritual or Temporal shall at any time after the last Day of this Session of Fâ—â—liament use enjoy or exercise any manner of Power Jurisdiction Superiority Authority Preheminence or Priviledge Spiritual or Ecclesiastical within this Realm or within any other Your Majesties Dominions or Countries that now be or hereafter shall be but from thenceforth the same shall be clearly Abolished out of this Realm and all other Your Highness's Dominions for ever any Statute Ordinance Custom Constitutions or any other Matter or Cause whatsoever to the contrary in any wise notwithstanding And after the said Act hath abolished all Foreign Authority in the very next Section Sect. 17. It annexeth all Ecclesiastical Jurisdiction to the Crown in these VVords And that also it may likewise please your Heghness That it may be Established and Enacted by the Authority aforesaid That such Jurisdictions Priviledges Superiorities and Preheminencies Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical Power or Authority hath heretofore been or may lawfully be exercised or used for the Visitation of the Ecclesiastical State and Persons and for Reformation Order and Correction of the same and of all manner of Errors Heresies Schisms Abuses Offences Contempts and Enormities shall for ever by Authority of this present Parliament be Vnited and Annexed to the Imperial Crown of this Realm From these VVords That such Jurisdiction c. as by any Spiritual or Ecclesiastical Power or Authority had then-to-fore been exercised or used were annexed to the Crown I observe That the Four things aforesaid wherein the Pope had incroached were all restored to the Crown and likewise all other Ecclesiastical Jurisdiction that had been exercised or used in this Kingdom and did thereby become absolutely vested in the Crown Then Section 18. Gives a Power to the Crown to assign Commissioners to excrcise this Ecclesiastical Jurisdiction in these VVords And that Your Highness Your Heirs and Successors Kings or Queens of this Realm shall have full Power and Authority by Virtue of this Act by Letters Patents under the Great Seal of England to Assign Name and Authorize when and as often as Your Highness Your Heirs or Successors shall think meet and convenient and for such and so long time as shall pleass Your Highness your Heirs or Successors such Person or Persons being natural born Subjects to Your Highness Your Heirs or Successors as Your Majesty Your Heirs or Successors shall think meet to Exercise Vse Occupy and Execute under Your Highness Your Heirs and Succâ—ssors all manner of Jurisdictions Priviledges and Preheminencies in any wise touching or concerning any Spiritual or Ecclesiastical Jurisdiction within these Your Realms of England and Ireland or any other Your Highness's Dominions and Countries 2. and to visit Reform Redress Order Correct and Amend all such Errors Heresies Schisms Abuses Offences Contempts and Enormities whatsoever which by any manner of Spiritual or Ecclesiastical Power Authority or Jurisdiction can or may lawfully be Reformed Ordered Redressed Corrected Restrained and Amended to the pleasure of Almighty God the Increase of Vertue and the Conservation
time be safely conducted thither Nor can I avoid pleasing my self with those joyful and hopeful thoughts when I reflect upon the various steps of Divine Providence by which they are brought into that nearness of legally inheriting these Crowns Certainly there is a voice that speaketh loud to this purpose not only in Gods denying a Legitimate Issue to the Late King and in his taking away from time to time all the Lawful Male Off-spring of his present Majesty but in the uniting their Highnesses in Marriage even to the crossing a certain Persons Inclinations whom I forbear to Name as well as to the disgusting of a Neighbouring Monarch and to the defeating the busie endeavours of the Popish Party But I must return to our Author whose Injustice to their Highnesses and his malice against their Honour Interest and Reputation knows neither end nor bounds For upon Monsieur Fagel's having ask'd Who would go about to advise him or any man else to endeavour to perswade their Highnesses whom God has so far honoured as to make them Defenders of his Church to approve and promote things so dangerous and hurtful both to the Reformed Religion and to the publick safety as the Repealing of the Test Laws would be our Author does hereupon with his wonted Friendship Equity and Candor to those Excellent Princes tells us that he hath not met with so bold a Declaration as this of calling them the Protectors of Gods Church and that the ascribing it to them is a detracting from the Honour of Kings and Monarchs who will not Abdicate from themselves to any other so glorious a Title And in pursuance of his rancour towards their Highnesses he runs out in his way of Wit and Learning into a most silly and impertinent Discourse about the Nature of a Church and accuseth the Prince and Princess as if by having this Character conferred upon them they had a design to usurp from his Majesty of Great Brittain the stile of Defenders of the Faith and to challenge to themselves the being the Protectors of the Church of England Surely this Gentleman does by vertue of his Popish Zeal and Irish Understanding believe that no Titles are due to Princes in reference to the Church of God but what are derived from the Papal Chair Whereas I dare say that Monsieur Fagel in bestowing this Title upon Their Highnesses did not dream of the Roman Pontif but had been taught it by God Almighty whom I take to be the Supream and true Fountain of Honour who is pleased to character such Princes as do cherish and favour his Church by the Name of Nursing Fathers and Nursing Mothers which is the term that the Pensionary useth in reference to their Highnesses And as it is their own merit which according to the Tenor of the Divine Creation hath entitled them to this glorious stile so they are neither to be ridicul'd nor hectored out of that duty of countenancing and supporting the Reformed Religion nor to be deterred by bold and empty words from those compassionate generous and Princely Offices to sincere Orthodox Believers by which they have deserved it And while others glory in the enjoyment of the Titles of most Christian and most Catholick Kings which their Vassalage to the See of Rome their contributing to the Exaltation of the Triple Crown and their being the Popes Executioners in the shedding the Blood of Saints hath procured unto them 't is enough for their Highnesses to be by the Suffrage of all true Protestants and that agreeably to the Doctrine and Authority of the Sacred Scriptures had in esteem and reverenced for Nutritii and Protectors of Gods Church Nor do they appropriate this stile to themselves tho' they account it the brightest among all their Titles but they acknowledge it to belong equally to many others and are afflicted at nothing more than that all Potentates may not justly claim a share in it And as the Pensionary's ascribing it unto their Highnesses was out of no design to usurp upon the King of Englands Title of Defender of the Faith nor to affix any Authority unto them over that Church so it will be no presumption to add that all of the Reformed Religion in that Kingdom how much soever differing in little and circumstantial things among themselves are yet so far sensible of the obligations they are under to Their Highnesses and of the benefits they have all the Assurance to expect from them hereafter that without meaning ill either to the King or to any one else they will unanimously join in stiling them Defenders of the Christian Reformed Faith and Protectors of Gods Church professing the Protestant Religion And they will easily know with whom they are to be angry and against whom to direct their Resentments Mijn Heer Fagel had said that if the Dissenters cannot during his Majesties Reign be eased from the Penal Laws unless the Tests be also abrogated that this will be an unhappiness unto them but for which the Roman Catholicks are only to be blamed who chuse rather to be contented that they and their Posterity should remain still obnoxious to the Penal Laws and exposed to the hatred of the whole Nation than be restrained from a capacity of attempting any thing against the peace and security of the Reformed Religion Our Author whose envy and injustice against Their Highnesses is not yet fully spent doth in his imprudent and indiscreet way obtrude from hence upon the World that the Nonconformists as well as the Roman Catholicks may hereby see where their true Interest stands and that they are extreamly obliged to those in whose Name this advice is given for the Consolation afforded them in the condition under which they are stated by Law Which is as much as if he should harangue the Nonconformists into discontentment against the Prince and Princess by assuring them that they are to hope for no relief against the Penal Laws by any favour of theirs Whereas the Dissenters are not only told that their Highnesses are willing to consent but that they do fully approve that they should have an entire Liberty for the full exercise of their Religion without being obnoxious to receive any prejudice trouble or molestation upon that account So that the heat which our Author would enflame the Dissenters unto against their Highnesses ought to turn and spend it self against the Papists who rather than part with the Tests which the Nonconformists are as much concerned to have maintained as they of the National Communion can be are resolved to keep all the Penal Laws in force and to leave the Dissenters under the dread and apprehension of them But this they may be fully perswaded of that if they can escape the edge of them during this Kings Reign they will be in no danger from them in case the Nation come once to be so happy as to see their Highnesses seated on the Throne For as much as they have not only their word which was hitherto
Penal Laws against Papists yet to do it in their present Circumstances and at such a conjuncture as this were the highest act of folly in the world and a betraying both their own safety and that of their Religion Had the Roman Catholicks forbore to assume a liberty till it had been legally given them they had been the more capable objects of such a Grace but to bestow it upon them after they have in contempt and defiance of all our Laws taken it 't were to justify their usurpation and approve their crime Could they have been contented with the private practice of their Worship and the non-exaction of the penalties to which our Statutes make them liable without leaping into all Offices of Trust and Command and invading our Seats of Judicature our Churches and our Universities their modesty might have wrought much upon the generosity and candor of all sort of Protestants but their audacious wresting all power into their hands and their laying aside all those that have either any zeal for our Civil Rights or for the Protestant Religion is enough to kindle our further indignation in stead of influencing us to thoughts of moderation and lenity And should we once begin to cancel our Laws according to the measure and proportion that they break them and usurp upon them no man can tell where that will terminate and they will be sure to turn it into an encouragement to further attempts For having in compliance with their Impudence and to absolve them from the guilt of their Crimes and Treasons abrogated the Laws against Popery they will not fail in a little while to betake themselves to the same Methods for obtaining the abolition of all the Laws for Protestancy 'T is but for the King to declare that he will have all his Subjects to be of his own Religion and then by the Logick of the late Cant which he used in his Speech to the Council at Windsor That they who are not for him are against him we must immediately either turn Papists or be put into the same List with them and be thought worthy of the same Royal Displeasure which they are become obnoxious unto who cannot find it to be their duty and interest to destroy the Tests And Mr. Pen's Argument of being afraid of His Majesties and the Papists power and yet to provoke it Good Advice p. 43. will hold in the one case as well as in the other Nor do I see but that the Court may improve another Topick of his against us Ibid. p. 44. viz. That we were ill Courtiers by setting him up first to give him Roast-meat and then to beat him with the Spit by refusing to be of his Religion To which I may add that the brutal severities exercised towards Protestants in France and Piedmont are but ill inducements to prevail upon a Reformed Nation to give Liberty to Papists 'T is an Axiom founded in the light of Nature as well as an Oracle of Revelation That with what measure any do mete unto others it shall be measured to them again and that whatsoever any would that we should do to them they should do so to us Would the Papists once perswade Catholick Rulers to give Indulgence to those of our Religion it would be an argument that they acted sincerely in their pleading against Penal Laws for matters of Religion and would mightily prevail upon all of the Reformed Communion to Repeal such Statutes as are Enacted against them But while they continue and increase their Persecution against us in all places where they have power I do not see how they can reasonably expect that we should believe them either to be just or honest or to deserve any measure of lenity Reprizals are the onely methods whereby to bring them to peaceable and equal Terms Had Protestant Princes and States given Papal Soveraigns to understand that they would act upon the same square that they do and retaliate upon those of the Romish Faith whatsoever should be inflicted because of Religion upon those of ours I have ground to think that the Clergy in France and Savoy would have had more discretion than to have been Instrumental in stirring up the late Persecutions and of instigating Rulers to such unparallelled Barbarities 'T is not many years since a Prince in Germany begun to treat Protestants with an unjust severity and to Banish them his Countrey contrary to his word and the Stipulation he had made with them but upon the Duke of Brandenburg's both threatning and beginning to do so by the Roman Catholicks in his Dutchy of Cleve the other Prince immediately forbare his rigour and the Protestants had fair Quarter allowed them And therefore if Mr. Pen and his Catholick Friends in stead of reproaching the Church of England of justifying by her principle the King of France and the Inquisition would prevail for abolishing the one and for putting an end to Persecution by the other they would thereby do more for inclining the Nations to Tolerate Papists than either by all their invidious Satyrs against the conformable Clergy or by their Panegyricks upon a Popish Monarch and the Romish Church In the mean time 't is most unreasonable for them to demand or expect and unwise as well as unseasonable for British Protestants to consent to the Abrogation of the Tests and the Repealing of the Penal Laws against Papists Moreover though 't is possible that we might defend our selves against the dangers that might ensue upon it had we a Prince of our own Religion on the Throne yet it would be to surrender our selves unto their power and to expose our selves to their Discretion should we venture to do it while a Papist of His Majesties humour hath the weilding of the Scepter One of the main Arguments by which Mr. Pen would perswade us against all apprehension of danger from the Papists in case the Test and Penal Laws were abolished is the inconsiderableness of their number in comparison of Protestants Good Advice p. 49. And yet if there be so many ill Men in the Nation as he intimates Letter 3d. p. 12. who being of no Religion are ready upon the motives of worldly Interest to take upon them the profession of any were it not for fear of being at one time or another called to an account I do not see but that as the Papists through having the King on their side are already possessed of what he stiles the Artificial Strength of the Kingdom why they may not in a short while were those Laws once destroyed by which the Atheistical and profane sort of Men are kept in awe come to obtain too much of the natural strength of it and raise their number to a nearer equality to that of Protestants And though they should never multiply to any near proportion yet we may easily imagine what a few hands may be able to do when Authorized by a Popish Soveraign and seconded by a well-disciplin'd Army commanded by Roman Catholicks
going to Heaven upon their confessing their Sins to a Priest and their receiving Absolution the Eucharist and Extream Unction need not look after Repentance towards God Conversion to Holiness nor a Life of Faith Love Mortification and Obedience which the Protestant Religion upon the Authority of the Gospel obligeth them unto in order to the obtaining of Eternal Happiness And as the late Apostates to Popery in England are chiefly such who were notorious for Looseness Prophaneness and Immorality and were the Scandal of our Religion while they professed it and while in our Church were not properly of it So it is from among Men of this stamp and character that their late Majesties have found Persons assisting and subservient to their Despotical and Arbitrary Designs For whosoever takes a Survey of the Court-Faction and considereth who have been the Advocates for Encroachments upon our Liberties and Abetters of Vsurpations over our Rights they will find them to have been principally the profligate and debauched among the Nobility and Gentry the mercenary ignorant and scandalous among the Clergy the Off-scouring and such as are an Ignominy to Human Nature among the Yeomanry and Peasants And it was in order to this villanous End that the Royal Brothers have endeavoured so industriously to debauch the Nation and have made Sensuality and Profaneness the Qualifications for Preferment and the Badges of Loyalty And if among those that appear for the Preservation of the Liberties of their Country there be any that deserve to be stiled Enemies to Religion and Vertue as I dare affirm that they owe their Immoralities to Court-Education Converse and Example so I hope that though they have not hitherto been all of them so happy as to have left their Vices where they learned them yet that they will not continue to disparage the good Cause which they have espoused with an unsutable Life nor give their Adversaries reason to say that while they pretend to seek the Reformation of the State they are both the Deriders of Sobriety and Vertue without which no Constitution can long subsist and guilty of such horrid Oaths Cursing Imprecations Blasphemies and uncleannesses which naturally as well as morally and meritoriously dispose Nations to Subversion and Extirpation Finally Being through the bitter Effects which have ensued upon our Divisions made apprehensive and jealous one of another it hath from thence come to pass that while the Care of the Conformists hath been to watch against the growth of the Dissenters and the sollicitude of the Nonconformists hath been how to prevent the Rage of the bigotted Church-men the Papists in the mean time without being heeded or observed have both incredibly multiplied and made considerable Advances in their designs of ruining us For whensoever the Court was to take a signal step towards Popery and Arbitrary Power there was a clamour raised of some menacing Boldness of the Dissenters And if the Nation grew at any time alarmed by reason of the Favour shewn to the Roman Catholicks and of some visible Progress made towards the Kings becoming Despotical all was immediately hush'd with a shout and cry of the Government and Church's being in imminent hazard from the Dissenters Yea whensoever the Papists and their Royal Patrons stood detected of having been conspiring against our Religion and Civil Liberties all was diverted and stifled by putting the Kingdom upon a false Scent and by hounding out their Beagles upon the Nonconformists So that the Eyes and Minds of Protestants being imployed in reference to what was to be apprehended and feared from one another the working of our Popish Enemies either escaped our Observation or were heeded by most only with a superficial and unaffective Glance And while our Church-men stood prepossessed by the Court with a dread and jealousy of the Dissenters all that was said and written of a Conspiracy carryed on by the Papists against our Laws and Religion was entertained and represented by the prejudiced Clergy as an Artifice only of the Dissenters for compassing an Indulgence from the Parliament which in case such a Plot had obtained the belief that a Matter of so great Danger and Consequence required would have been easily granted being the only rational Expedient for the preservation of the established Religion and the Legal Government Nor did our Enemies question but that having enflamed our Divisions and raised our Animosities to so great a height rather than the one party would lay aside their Severities and the other let fall their Resentments we would even be contented to lye at their Mercy and submit our selves to the Pleasure and Discretion of the Court and Papists And there have not wanted some peevish foolish and ill Men of both Parties who rather than sacrifice their Spleen and Passion and abandon their particular Quarrels for the Interest and Safety of the whole have been inclined to expose the Protestant Religion and English Liberties to the Hazards wherewith they were apparently threatned and to suffer all Extremities meerly to have the satisfaction of seeing those whom they respectively hate involved with them under the same miseries But as this was such a degree of Madness and Infatuation as could proceed from nothing but brutish Rage and argues no less than a Divine Nemesis so I hope they are but few that now stand infected with these passionate Sentiments and Inclinations and remain thus hardned in their mutual Prejudices And to those I have nothing to say nor the least Advice to administer but shall leave them to their own Follies as Persons to whose Conviction no Discourse though never so rational can be adapted and whom only Stripes can work upon 'T is to such therefore as are capable of hearkning to Reason and who are ready to embrace any Counsel that shall be found adjusted to the Common Interest that I am to address what remains to be represented and said in the following Leaves For all Parties of Protestants having seen how far our Enemies have improved our Divisions and Rancours to the compassing their wicked and ambitious Designs and the robbing us of all that good and generous Men account valuable they are at last convinced of the necessity we have been and are reduced unto of altering the measures of our acting towards one another and both of laying aside our Persecutions and of exchanging our Wranglings among our selves into a joint contending for the Faith of the Gospel and the Rights of the Nation For what the Gentleman so lately in the Throne intends and aims at is not any longer matter of meer Suspicion and Jealousy but of demonstrable Evidence and unquestionable Certainty His Mask and Vizor of Zeal for the preservation of the Church of England and of tender regard for the Laws of the Land were laid by and put off and his Resolutions of governing Arbitrarily and of introducing Popery were become obvious to all Men whom Reason and Sense have not forsaken and left The Papists whom it was thought much a
which they cannot help but bear his Misfortune and Lot with Patience in himself and with Compassion and Charity towards them and have his Indignation raised only against that Court which forced them to be instrumental in their Oppression and Trouble The Protestant Dissenters could not be so far void of sense as to think that the Person lately in the Throne bore them any good-Will but his drift was to screw himself into a Supremacy and Absoluteness over the Law and to get such an Authority confessed to be vested in him as when he pleased he might subvert the Established Religion and set up Popery Forby the same Power that he can dispense with the Penal Statutes against the Nonconformists he may also dispense with those against the Roman Catholicks And whosoever owneth that he hath a Right to do the first doth in effect own that he hath a Right to do the last For if he be allowed a Power for the superseding some Laws made in reference to Matters of Religion he may challenge the like Power for the superseding others of the same kind And then by the same Authority that he can suspend the Laws against Popery he may also suspend those for Protestancy And by the same Power that he can in defiance of Law indulge the Papists the Exercise of their Religion in Houses he may establish them in the publick Celebration of their Idolatry in Churches and Cathedrals yea whereas the Laws that relate to Religion are enacted by no less Authority than those that are made for the Preservation of our Civil Rights should the K. be admitted to have an Arbitrary Power over the one it is very like that by the Logick of Whitehall he might have challeng'd the same Absoluteness over the other Nor do I doubt but that the eleven Judges who gratified him with a Despoticalness over the former would when required grant him the same over the latter I know the Dissenters have been under no small Temptations both by reason of being hindred from enjoying the Ordinances of the Gospel and because of many grievous Calamities which they suffer for their Nonconformity of making Applications to the K. for some Relief by his suspending the Execution of the Laws but they must give me leave to add that they ought not for the obtaining of a little Ease to have betrayed the Kingdom and Sacrifice the Legal Constitution of the Government to the Lust and Pleasure of a Popish Prince whom nothing less would serve than being Absolute and Despotical And had he once been in the quiet Possession of an Authority to dispense with the Penal Laws the Dissenters would not long have enjoyed the Benefit of it Nor could they have denied him a Power of reviving the Execution of the Law which is part of the Trust deposited with him as Supreme Magistrate who have granted him a Power of Suspending the Laws which the Rules of the Government precluded him from And as he might whensoever he pleased cause the Laws to which they were Obnoxious to be executed upon them so by virtue of having an Authority acknowledged in him of superceding the Laws he might deprive them of the Liberty of meeting together to the number of Five a Grace which the Parliament thought fit to allow them under all the other Severities to which they were subjected Nor needs there any further Evidence that the Prince's challenging such a Power was an Usurpation and that the Subjects making any Application by which it seem'd allowed to him was a betraying of the Ancient Legal Government of the Kingdom whereas the most Obsequious and Servile Parliament to the Court that ever England knew not only denied this Prerogative to the late King Charles but made him renounce it by revoking his Declaration of Indulgence which he had emitted Anno 1672. And as it will be to the perpetual Honour of some of the Dissenters to have chosen rather to suffer the Severities which the Laws make them liable unto than by any Act and Transaction of theirs to undermine and weaken either the Church or the State so it will be a means both of endearing them we hope not only to the Prince of Orange now by a miraculous Providence brought in amongst us but to future Parliaments and of bringing them and the Conformists into an Union of Counsels and Endeavours against Popery and Tyranny for ever which is at this season a thing so indispensibly necessary for their common Preservation Especially when through a new and more threatning Alliance and Confederacy with France than that in 72 the King had not only engaged to act by and observe the same Measures towards Protestants in England which that Monarch hath vouchsafed the World a Pattern and Copy of in his carriage towards those of the Reformed Religion in France but had promised to disturb the Peace and Repose of his Neighbours and to commence a War in conjunction with that Prince against Foreign Protestants For as the King 's giving Liberty and Protection to the Algerines to frequent his Havens and sell the Prizes which they take from the Dutch is both a most infamous Action for a Prince pretending to be a Christian and a direct Violation of his Alliance with the States General so nothing can be more evident than that he thereby sought to render them the weaker for him to assault and that he was resolved if some unforeseen and extraordinary Providence had not interposed and prevented to declare War against them the next Summer in order whereunto great Remises of Money were already ordered him from the French Court So that the Indulgence which he pretends to be inclinable to afford the Dissenters was not an effect of Kindness and Good-will but an Artifice whereby to oblige their Assistance in destroying those Abroad of the same Religion with themselves Which if he could once compass it were easie to foresee what Fate both the Dissenters and they of the Communion of the Church of England were to expect Who as they would not then have known whither to retreat for shelter so they would have been destitute of Comfort in themselves and deprived of Pity from others not only for having through their Divisions made themselves a Prey to the Papists at Home but for having been accessary to the Ruin of the Reformed State Abroad and which was the Asilum and Sanctuary of all those that were elsewhere oppressed and persecuted for Religion Gloria Deo Optimo Maximo Honos Principi nostri celcissimo pientissimo A Representation of the Threatning Dangers Impending over Protestants in Great Britain With an Account of the Arbitrary and Popish Ends unto which the Declaration for Liberty of Conscience in England and the Proclamation for a Toleration in Scotland are designed THey are great Strangers to the Transactions of the World who know not how many and various the Attempts of the Papists have been both to hinder all Endeavours towards a Reformation and to overthrow and subvert it
given to his Declaration and to what he hath since the Emission of it repeated both in his Speech to Mr. Penn and in his Letter to Mr. Alsop And to omit many other Instances of his kindness and Benignity to the Fanaticks whom he now so much hugs and caresseth it may not be amiss to remember them and all other Protestants of that barbarous and illegal Commission issued forth by the Council of Scotland while he as the late King 's High Commissioner had the Management of the Affairs of that Kingdom by which every Military Officer that had command over twelve Men was impower'd to impannel Juries Try Condemn and cause to be put to Death not only those who should be found to disclaim the King's Authority but such as should refuse to acknowledge the King 's new modelled Supremacy over that Church in the pursuance and Execution of which Commission some were Shot to Death others were Hang'd or Drowned and this not only during the Continuance of the Reign of his late Majesty but for above a Year and a half after the present King came to the Crown But what need is there of insisting upon such little Particulars wherein he was at all times ready to express his Malice to Protestants seeing we have not only Dr. Oates's Testimony and that of divers others but most Authentick Proofs from Mr. Coleman's Letters of his having been in a Conspiracy several Years for the Subversion of our Religion upon the meritorious and sanctified Motive of extirpating the Northern Heresie Of which beside all the Evidence that four Successive Parliaments arrived at I know several who since the Duke of York ascended the Throne have had it confirmed unto them by divers Foreign Papists that were less reserved or more ingenuous than many of that Communion use to be To question the Existence of that Plot and his present Majesties having been Accessary unto and in the Head of it argues a strange Effrontery and Impudence through casting an Aspersion of Weakness Folly and Injustice not only upon those Three Parliaments that seem'd to have retained some Zeal for English Liberties but by fastening the same Imputations upon the Long Parliament which had shewed it self at all times more Obsequious to the Will of the Court than was either for their own Honor or the Safety and Interest of the Kingdom and who had expressed a Veneration for the Royal Family that approached too much upon a degree of Idolatry Whosoever considers that Train of Counsels wherein the King was many Years engaged and whereof we felt the woful Effects in the Burning of London the frequent Prorogation and Dissolution of Parliaments the widening and exasperating Differences among Protestants the stirring up and provoking Civil Magistrates and Ecclesiastical Courts to persecute Dissenters and the maintaining Correspondencies with the Pope and Catholick Princes abroad to the dishonor of the Nation and danger of our Laws and Religion cannot avoid being apprehensive what we are now to look for at his Hands nor can be escape thinking that he esteems his Advancement to the Crown both a Reward from Heaven for what he hath done and plotted against these three Kingdoms and an Opportunity and Advantage administred to him for the Perfecting and Accomplishment of all those Designs with which he hath been so long Bigg and in Travel for the Destruction of our Religion the Subversion of our Laws and the Re-establishment of Popery in these Dominions The Conduct and Guidance under which His Majesty hath put himself and the fiery Temper of that Order to whose Government he hath resigned his Conscience may greatly add to our Fears and give us all the Jealousie and Dread that we are capable of being impressed with in reference to Matters to come that there is nothing which can be Fatal to our Religion or Persons that we may not expect the being called to conflict with and suffer For tho most of the Popish Ecclesiasticks especially the Regulars bear an inveterate Malice to Protestants and hold themselves under indispensible Obligations of eradicating whatsoever their Church stiles Heresie and have accordingly been always forward to stir up and provoke Rulers to the use and Application of Force for the Destruction of Protestants as a Company of perverse and obstinate Hereticks adjudged and condemned to the Stake and Gibbet by the infallible Chair yet of all Men in the Communion of the Romish Church and of their Religious Orders the Jesuits are they who do most hate us and whose Counsels have been most Sanguinary and always tending to influence those Monarchs whose Consciences they have had the guiding and conducting of to the utmost Cruelties and Barbarities towards us What our Brethren have had measured out to them in France through Father de la Chaise's Influence upon that King and through the bewitching Power and Domination he hath over him in the quality of his Confessor and as having the Direction of his Conscience may very well alarm and inform us what we ought to expect from His Majesty of Great Britain who hath surrendered his Conscience to the Guidance of Father Peters a Person of the same Order and of the like mischievous and bloody Disposition that the former is 'T is well observed by the Author of the Reasons against Repealing the Acts of Parliament concerning the Test that Cardinal Howard's being of such a meek and gentle Temper that is able to withstand the Malignity of his Religion and to preserve him from concurring in those mischievous Counsels which his Purple might seem to oblige him unto is the reason of his being shut out from Acquaintance with and Interest in the English Affairs transacted at Rome and that whatsoever his Majesty hath to do in that Court is managed by his Ambassador under the sole Direction of the Jesuits So that it is not without cause that the Jesuit of Liege in his intercepted and lately printed Letter tells a Brother of the Order what a wonderful Veneration the King hath for the Society and with what profound Submission he receives those Reverend Fathers and hearkens to whatsoever they represent Nor is His Majesty's being under the Influence of the Jesuits through having one of them for his Confessor and several of them for his Chief Counsellors and principal Confidents the only thing in this Matter that awakens our Fear in what we are to expect from his armed Power excited and stir'd up by that fiery Tribe but there is another Ground why we ought more especially to dread him and that is his being entred and enrolled into the Order and become a Member of the Society whereby he is brought into a greater Subjection and Dependence upon them and stands bound by Ties and Engagements of being obedient to the Commands of the General of the Jesuits and that not only in Spirituals but in whatsoever they shall pretend to be subservient to the Exaltation of the Church and for upholding the Glory of the Tripple Crown This
seeing it hath been and still is their Custom to require the Belief of the Corporal Presence in the Sacrament as that upon the not Acknowledgment whereof we are to be accounted Hereticks and to stand condemned to be Burnt which is somewhat worse than the not being allowed to sit in the Two Houses of Parliament or to be shut out from a Civil or Military Office Neither are they required to Declare much less to Swear that the Doctrine of Transubstantiation is False or that there is no such thing as Transubstantiation as is affirmed in a Scurrilous Paper written against the Loyalty of the Church of England but all that is enjoyned in the Test Acts is that I A. B. do declare that I do believe that there is not any Transubstantiation in the Sacrament of the Lords Supper or in the Elements of Bread and Wine at or after the Consecration thereof by any Prrson whatsoever Tho the Parliament was willing to use all the Care they could for the discovering Papists that the Provision for our Security unto which those Acts were designed might be the more effectual yet they were not so void of Understanding as to prescribe a Method for it which would have exposed them to the World for their Folly 'T is much different to say Swear or Declare that I do believe there is not any Transubstantiation and the saying or declaring that there is not a Transubstantiation the former being only expressive of what my Sentiment or Opinion is and not at all affecting the Doctrine it self to make or unmake it other than what it is independently upon my Judgment of it whereas the latter does primarily Affect the Object and the Determination of its Existence to such a Mode as I conceive it and there are a thousand things which I can say that I do not believe but I dare not say that they are not Now as 't is the dispensing with these Laws that argues the King's assuming an Absolute Power so the Addressing by way of Thanks for the Declaration wherein this Power is exerted is no less than an owning and acknowledging of it and that it rightfully belongs to him There is a third thing which Shame or Fear would not suffer them to put into the Declaration for Liberty of Conscience in England but which they have had the Impudence to insert into the Proclamation for a Toleration in Scotland which as it carries Absolute Power written in the forehead of it so it is such an unpresidented Exercise of Despoticalness as hardly any of the Oriental Tyrants or even the French Leviathan would have ventured upon For having stop'd disabled and suspended all Laws enjoyning any Oaths whereby our Religion was secured and the Preservation of it to us and our Posterity was provided for he imposeth a new Oath upon his Scots Subjects whereby they are to be bound to defend and maintaim him his Heirs and lawful Successors in the Exercise of their Absolute Power and Authority against all deadly The imposing an Oath upon Subjects hath been always look'd upon as the highest Act of Legislative Authority in that it affects their Consciences and requires the Approbation or Disapprobation of their Minds and Judgments in reference to whatsoever it is enjoyned for whereas a Law that affects only Mens Estates may be submitted unto tho in the mean time they think that which is exacted of them to be Unreasonable and Unjust And as it concerns both the Wisdom and Justice of Law-givers to be very tender in ordaining Oaths that are to be taken by Subjects and that not only from a care that they may not prostitute the Name of God to Prophanation when the matter about which they are imposed is either light and trivial or dubious and uncertain but because it is an Exercise of Jurisdiction over the Souls of Men which is more than if it were only exercised over their Goods Bodies and Privileges so never any of our Kings pretended to a Right of enjoyning and requiring an Oath that was not first enacted and specified in some Law and it would have been heretofore accounted a good Plea for refusing such or such an Oath to say there was no Statute that had required it It was one of the Articles of High Treason and the most material charged upon the Earl of Strafford that being Lord Deputy of Ireland he required an Oath of the Scots who inhabited there which no Law had ordained or prescribed which may make those Counsellors who have advised the King to impose this new Oath as well as all others that shall require it to be taken upon his Majesty's bare Authority to be a little apprehensive whether it may not at some time rise in Judgment against them and prove a Forfeiture of their Lives to Justice And as the imposing an Oath not warranted by Law is an high Act of Absolute Power and in the King an altering of the Constitution so if we look into the Oath it self we shall find this Absolute Power strangely manifested and displayed in all the Parts and Branches of it and the People required to Swear themselves his Majesty's most obedient Slaves and Vassals By one Paragraph of it they are required to Swear that it is unlawful for Subjects on any pretence or for any Cause whatsoever to rise in Arms against him or any Commissioned by him and that they shall never resist his Power or Authority which as it may be intended for a Foundation and means of keeping Men quiet when he shall break in upon their Estates and overthrow their Religion so it may be designed as an Encouragement to his Catholick Subjects to set upon the Cutting Protestants Throats when by this Oath their Hands are tied up from hindering them It is but for the Papists to come Authorised with his Majesty's Commission which will not be denied them for so meritorious a Work and then there is no Help nor Remedy but we must stretch out our Necks and open our Breasts to their Consecrated Swords and Sanctified Daggers Nay if the King should transfer the Succession to the Crown from the Rightful Heir to some zealous Romanist or Alienat and dispose of his Kingdoms in way of Donation and Gift to the Pope or to the Society of the Jesuits and for the better securing them in the Possession hereafter should invest and place them in the Enjoyment of them while he lives the Scots are bound in the virtue of this Oath tamely to look on and calmly to acquiesce in it Or should his Physicians advise him to a nightly Variety of Matrons and Maids as the best Remedy against his malignant and venomous Heats all of that Kingdom are bound to surrender their Wives and Daughters to him with a dutiful Silence and a profound Veneration And if by this Oath he can secure himself from the Opposition of his Dissenting Subjects in case through recovery of their Reason a Fit of ancient Zeal should surprize them he is otherways
have provok'd the then Duke of York's Indignation and have exposed the Party that did it to Discountenance and Disgrace The Question is not what is convenient to be done in some measure and degree and in reference to those whose Religion does not oblige them to destroy all that differ from them when they have opportunity for it but the Point in debate is who hath the legal Power of doing it and of fixing its Bounds and Limits It was never pretended that the King ought to be shut out from a Share in Suspending and Repealing Laws but that the sole Right of doing it belongs to him is what cannot be allowed without changing the Constitution and placing the whole Legislative Authority in His Majesty And as it is an Usurpation in the King to challenge it and a Treachery in English Subjects to acknowledge it so the Inconveniences that this or that Party are in the mean time exposed unto through the Laws remaining in Force are rather to be endured than that a Power of giving Ease and Relief farther than by Connivance should be confessed to reside in any one in whom the Laws of the Community have not placed it 'T is better to undergo Hardships under the Execution of unjust Laws than be released from our Troubles by a Power Usurped over all Laws For by the one the Measures of Government as well as the Rights and Privileges of a Nation are destroy'd whereas by the other only a part of the People are Afflicted and unduly dealt with While we are govern'd by Laws tho several of them may be Injust and Inconvenient yet we are under a Security as to all other things which those Laws have not made liable but when we fall under an illimited Prerogative and Absolute Power we have no longer a Title unto or a hedge about any thing but all lies open to the Lust and Pleasure of him in whom we have owned that Power to be seated A Liberty is what Dissenters have a Right to Claim and which the Legislative Authority is bound by the Rules of Justice and Duty as well as by Principles of Wisdom and Discretion to grant And I am sorry that while they stood so fair to obtain it in a Legal and Parliamentary way any of them by acknowledging a Right in another to give it and that in a manner so Subversive of the Authority of Parliaments should have rendred themselves unworthy to receive it from them to whom the Power of Bestowing it does belong Not but that a Toleration will be always due to their Principles but I know not whether the particular Men of those Principles who have by their Addresses betray'd the Kingdom may not come to be judged to have forfeited all Share in it for their Crime committed against the Constitution and the whole Politick Society Nor is there any thing more Just and Equal than that they who surrender and give away the Rights both of Legislators and Subjects should lose all Grace and Favor from the former and all Portion among the latter And how much soever some Protestant Dissenters may please themselves with the Liberty that at present they enjoy in the virtue of the two Royal Papers yet this may serve to moderate them in their Transports of Gladness that they have no solid Security for the Continuance of it For should a Parliament null and make void the Declaration for Liberty and impeach the Judges for declaring a Power vested in the King to suspend so many Laws and for forbearing upon the King's Mandat to execute them the Freedom that the Dissenters possess would immediately vanish and have much the same Destiny that the Liberty had which was granted unto them by the Declaration of Indulgence Anno 1672. Or should the Parliament be willing to grant Ease and Indulgence to all Protestants by a Bill prepared for Repealing of all the Laws formerly made against them and should only be desirous to preserve in force the Laws relating to the Oaths of Allegiance and Supremacy and the Statutes which enjoyn the Tests of whose Execution we never more wanted the Benefit in order to our Preservation from Popery and which an English Parliament cannot be supposed willing to part with at a time when our Lives Estates and Religion are so visibly threatned to be swallowed up and destroyed by the Papists In that case we may confidently believe that the King instead either of Assenting to such a Bill for separate Favor to Protestants or persevering in his Compassion and Kindness of continuing the Suspension of the Laws against Dissenters he would from an inveterate Enmity as well as from a new contracted Resentment be stirred up and enraged to the putting the Laws in Execution with greater Rigor and Severity than hath been seen or felt heretofore And all that the Addressers would then reap by the Declaration would be to undergo the furious Effects of Brutal Rage in their Persecutors and to be unpitied by the Kingdom and unlamented by their fellow Protestants Or should his Majesty in favor to his good Catholicks resolve against the Meeting of a Parliament or to Adjourn and Prorogue them whensoever he shall find that instead of confirming what he hath done they shall make null his Declaration vote his pretended Prerogative Illegal and Arbitrary and fall upon those Mercenary and Perjured Villains who have allowed him a Power transcendent to Law yet even upon that Supposal which is the best that can be made to support Mens hopes in the continuance of the present Liberty the Protestant Dissenters would have but slender Security all the Tenure they have for the Duration of their Freedom being only Precarious and depending merely upon the King's Word and Promise which there is small ground to rely upon Nor can He be true to them without being false to his Religion which not only gives Him leave to break his Faith with Hereticks but obligeth Him to it and to destroy them to boot and that both under the pain of Damnation and of forfeiting his Crown and losing his Dominions And how far the Promise and Royal Word of a Catholick Monarch is to be trusted unto and depended upon we have a modern Proof and Evidence in the Behavior of Louis de Grand towards his Reformed Subjects not only in Repealing the many Edicts made and confirmed by himself as well as his Ancestors for the free Exercise of their Religion but in the Methods he hath always observed namely to promise them protection in the profession of their Faith and practice of their Worship when he was most stedfastly resolved to subvert their Religion and was about making some fresh advance and taking some new step for its Extirpation Thus when he had firmly purposed not to suffer a Minister to continue a year in the Kingdom he at the same time published an Edict requiring Ministers to serve but three Years in one Place and not to return to the Church where they had first Officiated
Fear or Courtship have enrolled themselves into the List of Addressers and under pretence of giving thanks to the King for his promise of protecting the Archbishops Bishops and Clergy and all other of the Church of England in the free exercise of their Religion as by Law established have cut the throat of their Mother at whose breasts they have suck'd till they are grown fat both by acknowledging the usurped Prerogative upon which the King assumes the Right and Authority of emitting the Declaration and by exchanging the legal standing and security of their Church into that precarious one of the Royal Word which they fly unto as the bottom of her Subsistence and trust to as the wall of her defence And as most of the Members of the Separate Societies are free from all accession to Addressing and the few that concurred were merely drawn in by the wheedle and importunity of their Preachers so they who are of the chiefest Character and greatest reputation for Wisdom and Learning among the Ministers have preserved themselves from all folly and treachery of that kind The Apostle tells us that not many wise not many noble are called which as it is verified in many of the Dissenting Addressers so it may serve for some kind of Apology for their low and sneaking as well as for their indiscreet and imprudent behaviour in this matter And it is the more venial in some of them as being not only a means of ingratiating themselves as they fansie with the King who heretofore had no very good opinion of them but as being both an easie and compendious method of Attoning for Offences against the Crown of which they were strongly suspected and a cheap and expenceless way of purchasing the pardon of their Relations that had stood actually accused of High Treason Nor is it to be doubted but that as the King will retain very little favour and mercy for Fanaticks when once he has served his Ends upon them so they will preserve as little kindness for the Papists if they can but obtain relief in a legal way And as there is not a People in the Kingdom that will be more loyal to Princes while they continue so to govern as that Fealty by the Laws of God or Man remains due to them so there are none of what Principles or Communion soever upon whom the Kingdom in its whole interest come to lye at stake may more assuredly and with greater confidence depend than upon the generality of Dissenting Protestants and especially upon those that are not of the Pastoral Order The severities that the Dissenters lay under before and their deliverance from Oppression and Disturbance now seconded with the Kings expectation and demands of thanksgiving Addresses were strong Temptations upon men void of generosity and greatness of spirit and who are withal of no great political Wisdom nor of prospect into the Consequences of Councils and Tricks of State to act as illegally in their thanks as his Majesty had done in his bounty So that whatsoever Animadversion they may deserve should they be proceeded against according to their demerit yet it is to be hoped that both they and the Addressers of the former stamp may all find room in an Act of Indemnity and that the Mercy of the Nation towards them will triumph over and get the better of its Justice As it would argue a strange and judicial infatuation should they proceed to farther excesses and think to escape the Punishment due to one Crime by committing and taking sanctuary in another thro improving their Complements into actions of Treachery so all their hope of Pardon as well as of Lenity and Moderation from a true Protestant and rightly constituted Authority depends upon their conduct and behaviour henceforward and their not suffering themselves to be hurried and deluded into a cooperation with the Court for the obtaining of a Popish Parliament All their endeavours of that kind would but more clearly detect and manifest their treachery to Religion and the Kingdom it not being in their power to out-vote the honest English part of the People so as to help the King to such a House of Commons as he desires and were it possible that thro their assistance in conjunction with violence and tricks used in Elections and Returns by the Court such a House of Commons might be obtained as would be serviceable to Arbitrary and Papal Ends yet neither the King nor they would be the nearer the compassing what is aim'd at it being demonstrable that the majority of the House of Lords are never to be wrought over to justifie this illegal Declaration or to grant the King a Power of Suspending Laws at his pleasure nor to give their Assent to a Bill for Repealing the Test Acts and the Statutes that enjoyn and require the Oaths of Allegiance and Supremacy And if they should be so far left of God and betray'd by those among themselves whom the Court hath gained as to become guilty of so enormous an act of folly and villany and should the Election of the next Parliament be the happy juncture they wait for and the improving their interest as well as the giving their own Votes for the Choice of Papists into the House of Commons be what they mean by an essential proof of their Loyalty and of the sincerity of their humble Addresses See Mr. Alsop's Speech to the King and that whereby they intend to demonstrate that the greatest thing they have promised is the least thing they will perform for his Majesties service and satisfaction as in that case they will deserve to forfeit all hopes of being forgiven so it would be an infidelity to God and Men and a cruelty to our selves and our Posterity not to abandon them as betrayers of Religion expunge them out of the Roll of Protestants strip them of all that wherein free Subjects have a Legal Right and not to condemn them to the utmost punishments which the Laws of the Kingdom adjudge the worst of Traitors and Malefactors unto There are some who thro hating of them do wish their miscarrying and offending to so unpardonable a degree that they may hereafter be furnished with an advantage both of ruining them and the whole Dissenting Party for their sakes But as the love that I bear unto them and the perswasion and belief I have of the truth of their Religious Principles do make me exceeding sollicitous to have them kept and prevented from being hurried and transported into so fatal and criminal a behaviour so I desire to make no other excuse for my plain dealing towards them but that of Solomon who tells us that faithful are the wounds of a friend while the kisses of an Enemy are deceitful and that he who rebukes a man shall find more favour afterwards than he who flattereth with the tongue POSTSCRIPT SInce the foregoing Sheets went to the Press and while they were Printing off there is come to my hands a new
their Lives Liberties Honors and Estates if they should go about to preserve themselves from this Oppression by Petitions Representations or other means authorised by Law Thus did they proceed with the Archbishop of Canterbury and the other Bishops who having offered a most Humble Petition to the King in Terms full of Respect and not exceeding the number limited by Law in which they set forth in short the Reasons for which they could not obey that Order which by the Instigation of those Evil Counsellors was sent them requiring them to appoint their Clergy to read in their Churches the Declaration for Liberty of Conscience were sent to Prison and afterwards brought to a Trial as if they had been guilty of some enormous Crime They were not only obliged to defend themselves in that pursuit but to appear before professed Papists who had not taken the Test and by consequence were Men whose Interest led them to condemn them and the Judges that gave their Opinion in their Favors were thereupon turned out And yet it cannot be pretended that any Kings how great soever their Power has been and how Arbitrary and Despotick soever they have been in the Exercise of it have ever reckoned it a Crime for their Subjects to come in all Submission and Respect and in a due Number not exceeding the Limits of the Law and represent to them the Reasons that made it impossible for them to obey their Orders Those Evil Counsellors have also treated a Peer of the Realm as a Criminal only because he said that the Subjects were not bound to obey the orders of a Popish Justice of Peace tho it is evident that they being by Law rendred incapable of all such Trust no regard is due to their orders This being the Security which the People have by the Law for their Lives Liberties Honors and Estates that they are not to be subjected to the Arbitrary Proceedings of Papists that are contrary to Law put into any Employments Civil or Military Both we our selves and our Dearest and most Entirely Beloved Consort the Princess have endeavored to signifie in Terms full of Respect to the King the just and deep Regret which all these Proceedings have given us and in Compliance with His Majesties Desires signified to us we declared both by word of Mouth to his Envoy and in Writing what our Thoughts were touching the Repealing of the Test and Penal Laws which we did in such a manner that we hoped we had proposed an Expedient by which the Peace of those Kingdoms and a happy Agreement among the Subjects of all Perswasions might have been settled but those Evil Counsellors have put such ill Constructions on these our good Intentions that they have endeavored to alienate the King more and more from us as if we had designed to disturb the Quiet and Happiness of the Kingdom The last and great Remedy for all those Evils is The calling of a Parliament for securing the Nation against the Evil Practises of those wicked Counsellors but this could not be yet compassed nor can it be easily brought about For those Men apprehending that a lawful Parliament being once assembled they would be brought to an account for all their open Violations of Law and for their Plots and Conspiracies against the Protestant Religion and the Lives and Liberties of the Subjects they have endeavored under the specious Pretence of Liberty of Conscience first to sow Divisions among Protestants between those of the Church of England and the Dissenters The design being laid to engage Protestants that are all equally concerned to preserve themselves from Popish Oppression into mutual Quarrellings that so by these some Advantages might be given to them to bring about their Designs and that both in the Election of the Members of Parliament and afterwards in the Parliament it self For they see well that if all Protestants could enter into a mutual good Understanding one with another and concur together in the Preserving of their Religion it would not be possible for them to compass their wicked ends They have also required all Persons in the several Counties of England that either were in any Imployment or were in any considerable Esteem to declare before-hand that they would concur in the Repeal of the Test and Penal Laws and that they would give their Voices in the Elections to Parliament only for such as would concur in it Such as would not thus pre-ingage themselves were turned out of all Imployments and others who entered into those Engagements were put in their places many of them being Papists And contrary to the Charters and Privileges of those Boroughs that have a Right to send Burgesses to Parliament they have ordered such Regulations to be made as they thought fit and necessary for assuring themselves of all the Members that are to be chosen by those Corporations and by this means they hope to avoid that Punishment which they have deserved tho it is apparent that all Acts made by Popish Magistrates are null and void of themselves so that no Parliament can be Lawful for which the Elections and Returns are made by Popish Sheriffs and Mayors of Towns and therefore as long as the Authority and Magistracy is in such Hands it is not possible to have any Lawful Parliament And tho according to the Constitution of the English Government and Immemorial Custom all Elections of Parliament-men ought to be made with an entire Liberty without any sort of Force or the requiring the Electors to chuse such Persons as shall be named to them and the Persons thus freely elected ought to give their Opinions freely upon all Matters that are brought before them having the good of the Nation ever before their Eyes and following in all things the Dictates of their Conscience yet now the People of England cannot expect a Remedy from a Free Parliament legally Called and Chosen But they may perhaps see one called in which all Elections will be carried by Fraud or Force and which will be composed of such Persons of whom those Evil Counsellors hold themselves well assured in which all things will be carried on according to their Direction and Interest without any regard to the Good or Happiness of the Nation Which may appear evidently from this that the same Persons tried the Members of the last Parliament to gain them to consent to the Repeal of the Test and Penal Laws and procured that Parliament to be dissolved when they found that they could not neither by Promises nor Threatnings prevail with the Members to comply with their wicked Designs But to Crown all there are great and violent Presumptions inducing us to believe that those Evil Counsellors in order to the carrying on of their ill Designs and to the gaining to themselves the more time for the effecting of them for the encouraging of their Complices and for the discouraging of all Good Subjects have published that the Queen hath brought forth a Son tho there have
by Hundreds of Thousands at once 4. Because the Dragooners have made more Converts than all the Bishops and Clergy of France 5. The Parliament ought to establish one standing Army at the least because indeed there will be need of Two that one of them may defend the People from the other 6. Because it is a thousand pities that a brave Popish Army should be a Riot 7. Unless it be Established by Act of Parliament The Justices of Peace will be forced to suppress it in their own Defence for they will be loth to forfeit an hundred Pounds every day they rise out of Complement to a Popish Rout. 13 H. 4. c. 7. 2 H. 5. c. 8. 8. Because a Popish Army is a Nullity For all Papists are utterly disabled and punishable besides from bearing any Office in Camp Troop Band or Company of Soldiers and are so far disarmed by Law that they cannot wear a Sword so much as in their Defence without the allowance of four Justices of the Peace of the County And then upon a March they will be perfectly Inchanted for they are not able to stir above five Miles from their own Dwelling-house 3. Jac. 5. Sect. 8.27 28 29.35 Eliz. 2.3 Jac. 5. Sect. 7. 9. Because Persons utterly disabled by Law are utterly Unauthorized and therefore the void Commissions of Killing and Slaying in the Hands of Papists can only enable them to Massacre and Murder To the King 's Most Excellent Majesty The Humble Petition of William Arch-Bishop of Canterbury and divers of the Suffragan Bishops of that Province now present with him in behalf of themselves and others of their absent Brethren and of the Clergy of their respective Diocesses Humbly sheweth THAT the great averseness they find in themselves to the distributing and publishing in all their Churches your Majesty's late Declaration for Liberty of Conscience proceeds neither from any want of Duty and Obedience to your Majesty our Holy Mother the Church of England being both in her Principles and in her constant Practice unquestionably Loyal and having to her great Honour been more than once publickly acknowledg'd to be so by your Gracious Majesty Nor yet from any want of due tenderness to Dissenters in relation to whom they are willing to come to such a Temper as shall be thought fit when that Matter shall be considered and settled in Parliament and Convocation But among many other Considerations from this especially because that Declaration is founded upon such a Dispensing Power as has been often declared Illegal in Parliament and particularly in the years 1662 and 1672. and in the beginning of your Majesty's Reign and is a matter of so great Moment and Consequence to the whole Nation both in Church and State that your Petitioners cannot in Prudence Honour or Conscience so far make themselves Parties to it as the distribution of it all over the Nation and the solemn Publication of it once and again even in God's House and in the Time of his Divine Service must amount to in common and reasonable Construction Your Petitioners therefore most Humbly and Earnestly beseech your Majesty that you will be ciously pleased not to insist upon their Distributing and Reading your Majesty's said Declaration And Your Petitioners as in Duty bound shall ever Pray Will. Cant. Will. Asaph Fr Ely Jo. Cicestr Tho. Bathon Wellen. Tho. Peterburgen Jonath Bristol His Majesties Answer was to this effect I Have heard of this before but did not believe it I did not expect this from the Church of England especially from some of you If I change my Mind you shall hear from me if not I expect my Command shall be obeyed 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 To the KING 's most Excellent Majesty The Humble Petition of the Lords Spiritual and Temporal whose Names are subscribed May it please your Majesty WE your Majesty's most loyal Subjects in a deep sense of the Miseries of a War now breaking forth in the Bowels of this your Kingdom and of the Danger to which your Majesty's Sacred Person is thereby like to be exposed and also of the Distractions of your People by reason of their present Grievances do think our selves bound in Conscience of the duty we owe to God and our holy Religion to your Majesty and our Country most humbly offer to your Majesty That in our Opinion the only visible Way to preserve your Majesty and this your Kingdom would be the Calling of a Parliament Regular and Free in all its Circumstances We therefore do most earnestly beseech your Majesty That you would be graciously pleased with all speed to call such a Parliament wherein we shall be most ready to promote such Counsels and Resolutions of Peace and Settlement in Church and State as may conduce to your Majesty's Honour and Safety and to the quieting the Minds of your People We do likewise humbly beseech your Majesty in the mean time to use such means for the preventing the Effusion of Christian Blood as to your Majesty shall seem most meet And your Petitioners shall ever pray c. W. Cant. Grafton Ormond Dorset Clare Clarendon Burlington Anglesey Rochester Newport Nom. Ebor. W. Asaph Fran. Ely Tho. Roffen Tho. Petriburg Tho. Oxon. Paget Chandois Osulston Presented by the Arch-Bishop of Canterbury the Arch-Bishop of York Elect the Bishop of Ely and the Bishop of Rochester the 17th of November 1688. His Majesty's most Gracious Answer My LORDS What You ask of Me I most passionately desire And I promise You upon the Faith of a King That I will have a Parliament and such an One as You ask for as soon as ever the Prince of Orange has quitted this Realm For How is it possible a Parliament should be Free in all its Circumstances as You Petition for whil'st an Enemy is in the Kingdom and can make a Return of near an Hundred Voices The Lords Petition with the King's Answer may be printed Novemb. 29. 1688. The P. O.'s Letter to the English Army Gentlemen and Friends WE have given you so full and so true an Account of Our Intentions in this Expedition in Our Declaration that as We can add nothing to it so We are sure you can desire nothing more of us We are come to preserve your Religion and to restore and establish your Liberties and Properties and therefore We cannot suffer Our selves to doubt but that all true English men will come and concur with Us in Our desire to secure these Nations from POPERY and SLAVERY You must all plainly see that you are only made use of as Instruments to enslave the Nation and ruin the Protestant Religion and when that is done you may judge what ye your selves ought to expect both from the cashiering of all the Protestant and English Officers and Soldiers in Ireland and by the Irish Soldiers being brought over to be put in your places
humbly Pray That His Majesty would Consent to this Expedient in order to a future Settlement And hope that such a Temperament may be thought of as that the Army now on Foot may not give any Interruption to the proceeding of a Parliament But if to the great Misfortune and Ruin of these Kingdoms it should prove otherwise we further declare That we will to our utmost defend the Protestant Religion the Laws of the Kingdom and the Rights and Liberties of the Subject A Letter from a Gentleman at King's-Lynn December 7. 1688. To his Friend in London Sir THE Duke of Norfolk came to Town on Wednesday Night with many of the chiefest of the County and yesterday in the Market-place received the Address following which was presented by the Mayor attended by the Body and many hundreds of the Inhabitants To his Grace the most Noble Henry Duke of Norfolk Lord Marshal of England My Lord THE daily Allarms we receive as well from Foreign as Domestick Enemies give us just Apprehensions of the approaching Danger which we conceive we are in and to apply with all earnestness to your Grace as your great Patron in all humble Confidence to succeed in our Expectations That we may be put into such a posture by your Grace's Directions and Conduct as may make us appear as zealous as any in the Defence of the Protestant Religion the Laws and Ancient Government of this Kingdom Being the desire of many hundreds who must humbly callenge a Right of your Grace's Protection His Grace's Answer Mr. Mayor I Am very much obliged to you and the rest of your Body and those here present for your good Opinion of me and the Confidence you have that I will do what in me lies to support and defend the Laws Liberties and Protestant Religion in which I will never deceive you And since the coming of the Prince of Orange hath given us an opportunity to declare for the defence of them I can only assure you that no Man will venture his Life and Fortune more freely for the Defence of the Laws Liberties and Protestant Religion than I will do and with all these Gentlemen here present and many more will unanimously concur therein and you shall see that all possible Care shall be taken that such a Defence shall be made as you require AFter which the Duke was with his Retinue received at the Mayor's House at Dinner with great Acclamations and his Proceedings therein have put our County into a Condition of Defence of which you shall hear further in a little time our Militia being ordered to be raised throughout the County Our Tradesmen Seamen and Mobile have this morning generally put Orange Ribbon on their Hats Ecchoing Huzza's to the Prince of Orange and Duke of Norfolk All are in a hot Ferment God send us a good Issue of it Lynn-Regis Decemb. 10. 1688. Sir BY mine of the 7th Instant I gave you an Account of the Address of this Corporation to his Grace the Duke of Norfolk and of his Grace's Answer thereto Since which his Grace has sent for the Militia Troops and put them in a posture of Defence as appears by the ensuing Speech The Duke of Norfolk's second Speech at Lynn I Hope you see I have endeavoured to put you in the posture you desired by sending both for Horse and Foot of the Militia and am very glad to see such an Appearance of this Town in so good a Condition And I do again renew my former Assurances to you that I will ever stand by you to Defend the Laws Liberties and the Protestant Religion and to procure a Settlement in Church and State in concurrence with the Lords and Gentlemen in the North and pursuant to the Declaration of the Prince of Orange And so God save the King The Declaration of the Lords Spiritual and Temporal in and about the Cities of London and Westminster Assembled at Guild-hall Dec. 1688. WE doubt not but the World believes that in this great and dangerous Conjuncture we are heartily and zealously concerned for the Protestant Religion the Laws of the Land and the Liberties and Properties of the Subject And we did reasonably Hope that the King having Issued His Proclamation and Writs for a Free Parliament we might have rested Secure under the Expectation of that Meeting But His Majesty having withdrawn Himself and as we apprehend in order to His Departure out of this Kingdom by the pernicious Counsels of Persons ill-affected to our Nation and Religion we cannot without being wanting to our Duty be silent under those Calamities wherein the Popish Counsels which so long prevailed have miserably Involved these Realms We do therefore Unanimously resolve to apply our Selves to His Highness the Prince of Orange who with so great Kindness to these Kingdoms so vast Expence and so much Hazard to his own Person hath Undertaken by endeavouring to procure a Free Parliament to rescue Us with as little Effusion as possible of Christian Blood from the Imminent Dangers of Popery and Slavery And we do hereby Declare That we will with our utmost Endeavours assist his Highness in the obtaining such a Parliament with all speed wherein our Laws our Liberties and Properties may be Secured the Church of England in particular with a due Liberty to Protestant Dissenters and in general the Protestant Religion and Interest over the whole World may be Supported and Encouraged to the glory of God the Happiness of the Established Government in these Kingdoms and the Advantage of all Princes and States in Christendom that may be herein concerned In the mean time we will endeavour to preserve as much as in us lies the Peace and Security of these great and populous Cities of London and Westminster and the Parts adjacent by taking care to Disarm all Papists and secure all Jesuits and Romish Priests who are in our about the same And if there be any thing more to be performed by us for promoting his Highness's generous Intentions for the Publick good we shall be ready to do it as occasion shall require W. Cant. Tho. Ebor. Pembroke Dorset Mulgrave Thanet Carlisle Craven Ailesbury Burlington Sussex Barkelay Rochester Newport Waymouth P. Winchester W. Asaph Fran. Ely Tho. Roffen Tho. Petriberg P. Wharton North and Grey Chandos Montague T. Jermyn Vaughan Carbery Culpeper Crewe Osulston WHereas His Majesty hath privately this Morning withdrawn Himself we the Lords Spiritual and Temporal whose Names are subscribed being assembled at Guild-hall in London having Agreed upon and Signed a Declaration Entituled The Declaration of the Lords Spiritual and Temporal in and about the Cities of London and Westminster Assembled at Guild-hall 11. Decemb. 1688. Do desire the Right Honourable the Earl of Pembroke the Right Honourable the Lord Viscount Weymouth the Right Reverend Father in God the Lord Bishop of Ely and the Right Honourable the Lord Culpeper forthwith to attend his Highness the Prince of Orange with the said Declaration and at the same
Consent of Parliament is against Law That the Subjects which are Protestants may have Arms for their Defence suitable to their Condition and as allowed by Law That Election of Members of Parliament ought to be Free That the Freedom of Speech and Debates or Proceedings in Parliament ought not to be impeached or questioned in any Court or place out of Parliament That excessive Bail ought not to be required nor excessive Fines imposed nor cruel and unusual Punishments inflicted That Jurors ought to be duly empannell'd and return'd and Jurors which pass upon Men in Tryals for High-Treason ought to be Freeholders That all grants and promises of Fines and Forfeitures of particular Persons before Conviction are Illegal and Void And that for Redress of all Grievances and for the amending strengthening and preserving of the Laws Parliaments ought to be held frequently And they do claim demand and insist upon all and singular the Premises as their undoubted Rights and Liberties and that no Declarations Judgments Doings or Proceedings to the prejudice of the People in any of the said Premises ought in any wise to be drawn hereafter into Consequence or Example To which Demand of their Rights they are particularly encouraged by the Declaration of His Highness the Prince of Orange as being the only Means for obtaining a full redress and remedy therein Having therefore an intire Confidence that his said Highness the Prince of Orange will perfect the Deliverance so far advanced by Him and will still preserve them from the Violation of their Rights which they have here asserted and from all other Attempts upon their Religion Rights and Liberties The said Lords Spiritual and Temporal and Commons Assembled at Westminster do resolve That William and Mary Prince and Princess of Orange be and be declared King and Queen of England France and Ireland and the Dominions thereunto belonging to hold the Crown and Royal Dignity of the said Kingdoms and Dominions to them the said Prince and Princess during their Lives and the Life of the Survivor of them And that the sole and full Exercise of the Regal Power be only in and executed by the said Prince of Orange in the Names of the said Prince and Princess during their joynt lives and after their Deceases the said Crown and Royal Dignity of the said Kingdoms and Dominions to be to the Heirs of the Body of the said Princess and for default of such Issue to the Princess Ann of Denmark and the Heirs of Her Body and for default of such Issue to the Heirs of the Body of the said Prince of Orange And the said Lords Spiritual and Temporal and Commons do pray the said Prince and Princess of Orange to accept the same accordingly And that the Oaths hereafter mentioned be taken by all Persons of whom the Oaths of Allegiance and Supremacy might be required by Law instead of them and that the said Oaths of Allegiance and Supremacy be Abrogated I A. B. do sincerely promise and swear That I will be Faithful and bear true Allegiance to their Majesties King WILLIAM and Queen MARY So help me God I A. B. do swear That I do from my Heart Abhor Detest and Abjure as Impious and Heretical this Damnable Doctrin and Position That Princes Excommunicated or Deprived by the Pope or any Authority of the See of Rome may be Deposed or Murthered by their Subjects or any other whatsoever And I do declare That no Foreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preeminence or Authority Ecclesiastical or Spiritual within this Realm So help me God Jo. Browne Cleric ' Parl. Die Veneris 15 Feb. 1688. His Majesties Gracious Answer to the Declaration of both Houses My Lords and Gentlemen THIS is certainly the greatest proof of the Trust you have in Vs that can be given which is the thing that maketh us value it the more and we thankfully Accept what you have Offered And as I had no other Intention in coming hither than to preserve your Religion Laws and Liberties so you may be sure That I shall endeavour to support them and shall be willing to concur in any thing that shall be for the Good of the Kingdom and to do all that is in my Power to advance the Welfare and Glory of the Nation Jo. Browne Cleric ' Parliamentorum Die Veneris 〈◊〉 Februarii 1688. ORdered by the Lords Spiritual and Temporal Assembled at Westminster That His Majesties Gracious Answer to the Declaration of both Houses and the Declaration be forthwith Printed and Published And that His Majesties Gracious Answer this Day be added to the Engrossed Declaration in Parchment to be Enrolled in Parliament and Chancery A PROCLAMATION WHereas it hath pleased Almighty God in his Great Mercy to this Kingdom to Vouchsafe us a Miraculous Deliverance from Popery and Arbitrary Power and that our Preservation is due next under God to the Resolution and Conduct of His Highness the Prince of ORANGE whom God hath Chosen to be the Glorious Instrument of such an Inestimable Happiness to us and our Posterity And being highly sensible and fully persuaded of the Great and Eminent Vertues of Her Highness the Princess of ORANGE whose Zeal for the Protestant Religion will no doubt bring a Blessing along with Her upon this Nation And whereas the Lords and Commons now Assembled at Westminster have made a Declaration and Presented the same to the said Prince and Princess of ORANGE and therein desired them to Accept the Crown who have Accepted the same Accordingly We therefore the Lords Spiritual and Temporal and Commons together with the Lord Mayor and Citizens of London and others of the Commons of this Realm do with a full Consent Publish and Proclaim according to the said Declaration WILLIAM and MARY Prince and Princess of ORANGE to be KING and QUEEN of England France and Ireland with all the Dominions and Cerritories thereunto belonging Who are accordingly so to be Owned Deemed Accepted and taken by all the People of the aforesaid Realms and Dominions who are from henceforward bound to Acknowledge and Pay unto them all Faith and true Allegiance Beseeching God by whom Kings Reign to Bless King WILLIAM and Queen MARY with Long and Happy Years to Reign over Vs. God Save King WILLIAM and Queen MARY Jo. Brown Cleric ' Parliamentorum The Declaration of the Estates of Scotland concerning the Misgovernment of King James the Seventh and filling up the Throne with King William and Queen Mary THAT King James the 7th had acted irregularly 1. By His Erecting publick Schools and Societies of the Jesuits and not only allowing Mass to be publickly said but also inverting Protestant Chapels and Churches to Publick Mass-houses contrary to the express Laws against saying and hearing of Mass 2. By allowing Popish Books to be Printed and Dispersed by a Gift to a Popish Printer designing him Printer to his Majesties Houshold College and Chapel contrary to the Laws
read to their Majesties the King returned to the Commissioners the following Answer WHen I engaged in this Vndertaking I had particular Regard and Consideration for Scotland and therefore I did emit a Declaration in relation to That as well as to this Kingdom which I intend to make good and effectual to them I take it very kindly that Scotland hath expressed so much Confidence in and Affection to Me They shall find Me willing to assist them in every thing that concerns the Weal and Interest of that Kingdom by making what Laws shall be necessary for the Security of their Religion Property and Liberty and to ease them of what may be justly grievous to them After which the Coronation-Oath was tendred to Their Majesties which the Earl of Argyle spoke word by word directly and the King and Queen repeated it after him holding Their Right Hands up after the manner of taking Oaths in Scotland The Meeting of the Estates of Scotland did Authorize their Commissioners to represent to His Majesty That that Clause in the Oath in relation to the rooting out of Hereticks did not import the destroying of Hereticks And that by the Law of Scotland no Man was to be persecuted for his private Opinion And even Obstinate and Convicted Hereticks were only to be denounced Rebels or Outlawed whereby their Moveable Estates are Confiscated His Majesty at the repeating that Clause in the Oath Did declare that He did not mean by these words That He was under any Obligation to become a Persecutor To which the Commissioners made Answer That neither the meaning of the Oath or the Law of Scotland did import it Then the King replyed That He took the Oath in that Sense and called for Witnesses the Commissioners and others present And then both Their Majesties Signed the said Coronation-Oath After which the Commissioners and several of the Scotish Nobility kissed Their Majesties Hands The Coronation OATH of England The Arch-bishop or Bishop shall say WIll You solemnly Promise and Swear to govern the People of this Kingdom of England and the Dominions thereto belonging according to the Statues in Parliament agreed on and the Laws and Customs of the same The King and Queen shall say I solemnly Promise so to do Arch-bishop or Bishop Will You to Your Power cause Law and Justice in Mercy to be Executed in all Your Judgments King and Queen I Will. Arch-bishop or Bishop Will You to the utmost of Your Power Maintain the Laws of God the true Profession of the Gospel and the Protestant Reformed Religion Established by Law And will You Preserve unto the Bishops and Clergy of this Realm and to the Churches committed to their Charge all such Rights and Priviledges as by Law do or shall appertain unto them or any of them King and Queen All this I Promise to do After this the King and Qeen laying His and Her Hand upon the Holy Gospels shall say King and Queen The Things which I have here before Promised I will Perform and Keep So help me God Then the King and Queen shall kiss the Book The Coronation OATH of Scotland WE William and Mary King and Queen of Scotland faithfully Promise and Swear by this Our solemn Oath in presence of the Eternal God that during the whole course of Our Life we will serve the same Eternal God to the uttermost of Our Power according as he has required in his most holy Word reveal'd and contain'd in the New and Old Testament and according to the same Word shall maintain the True Religion of Christ Jesus the Preaching of his holy Word and the due and right Ministration of the Sacraments now Received and Preached within the Realm of Scotland and shall abolish and gainstand all false Religion contrary to the same and shall Rule the People committed to our Charge according to the Will and Command of God revealed in his aforesaid Word and according to the laudable Laws and Constitutions received in this Realm no ways repugnant to the said Word of the Eternal God and shall procure to the utmost of Our Power to the Kirk of God and whole Christian People true and perfect Peace in all time coming That we shall preserve and keep inviolated the Rights and Rents with all just Privileges of the Crown of Scotland neither shall we transfer nor alienate the same That we shall forbid and repress in all Estates and Degrees Reif Oppression and all kind of wrong And we shall Command and Procure that Justice and Equity in all Judgments be keeped to all persons without exception as the Lord and Father of all Mercies shall be merciful to us And we shall be careful to root out all Hereticks and Enemies to the true Worship of God that shall be Convicted by the true Kirk of God of the aforesaid Crimes out of Our Lands and Empire of Scotland And we faithfully affirm the things above written by Our Solemn Oath God save King WILLIAM and Queen MARY Proposals humbly offered to the Lords and Commons in the present Convention for settling of the Government c. My Lords and Gentlemen YOV are Assembled upon Matters of the highest Importance to England and all Christendom and the result of your Thoughts in this Convention will make a numerous Posterity Happy or Miserable If therefore I have met with any Thing that I think worthy of your Consideration I should think my self wanting in that duty which I owe to my Country and Mankind if I should not lay it before You. If there be as some say certain Lineaments in the Face of Truth with which one cannot be deceiv'd because they are not to be counterfeited I hope the Considerations which I presume to offer You will meet with your Approbation That bringing back our Constitution to its first and purest Original refining it from some gross Abuses and supplying its Defects You may be the Joy of the present Age and the Glory of Posterity FIrst 'T is necessary to distinguish between Power it self the Designation of the Persons Governing and the Form of Government For 1. All Power is from God as the Fountain and Original 2. The Designation of the Persons and the Form of Government is either First immediately from God as in the Case of Saul and David and the Government of the Jews or Secondly from the Community chusing some Form of Government and subjecting themselves to it But it must be noted that though Saul and David had a Divine Designation yet the People assembled and in a General Assembly by their Votes freely chose them Which proves that there can be no orderly or lasting Government without Consent of the People Tacit or Express'd and God himself would not put Men under a Government without their Consent And in case of a Conquest the People may be called Prisoners or Slaves which is a state contrary to the Nature of Man but they cannot be properly Subjects till their Wills be brought to submit to the Government
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
and then dissolved and that several Acts passed this is the plain Judgment of another Parliament 1. Because it says they were continued which shews they had a real being capable of being continued for a Confirmation of a void Grant has no effect and Confirmation shews a Grant only voidable so the continuance there shewed it at most but voidable and when the King came and confirm'd it all was good 2. The dissolving it then shews they had a being for as ex nihilo nihil fit so super nihil nil operatur as out of nothing nothing can be made so upon nothing nothing can operate Again the King Lords and Commons make the great Corporation or Body of the Kingdom and the Commons are legally taken for the Free-holders Inst 4. p. 2. Now the Lords and Commons having Proclaimed the King the defect of this great Corporation is cured and all the Essential parts of this great Body Politique united and made compleat as plainly as when the Mayor of a Corporation dies and another is chosen the Corporation is again perfect and to say that which perfects the great Body Politique should in the same instant destroy it I mean the Parliament is to make contradictions true simul semel the perfection and destruction of this great Body at one instant and by the same Act. Then if necessity of Affairs was a forcible Argument in 1660 a time of great peace not only in England but throughout Europe and almost in all the World certainly 't is of a greater force now when England is scarce delivered from Popery and Slavery when Ireland has a mighty Army of Papists and that Kingdom in hazard of final destruction if not speedily prevented and when France has destroyed most of the Protestants there and threatens the ruine of the Low-Countries from whence God has sent the wonderful Assistance of our Gracious and therefore most Glorious King and England cannot promise safety from that Foreign Power when forty days delay which is the least can be for a new Parliament and considering we can never hope to have one more freely chosen because first it was so free from Court-influence or likelihood of all design that the Letters of Summons issued by him whom the great God in infinite Mercy raised to save us to the hazard of his Life and this done to protect the Protestant Religion and at a time when the people were all concerned for one Common interest of Religion and Liberty it would be vain when we have the best King and Queen the World affords a full house of Lords the most solemnly chosen Commons that ever were in the remembrance of any Man Living to spend Money and lose time I had almost said to despise Providence and take great pains to destroy our selves If any object Acts of Parliament mentioning Writs and Summons c. I answer the Prededent in 1660 is after all those Acts. In private cases as much as has been done in point of necessity a Bishop Provincial dies and sede vacant a Clerk is presented to a Benefice the Presentation to the Dean and Chapter is good in this case of Necessity and if in a Vacancy by the Death of a Bishop a Presentation shall be good to the Dean and Chapter rather than a prejudice should happen by the Church lying void Surely a fortiori Vacancy of the Throne may be supplied without the formality of a Writ and the great Convention turn'd to a Real Parliament A Summons in all points is of the same real force as a Writ for a Summons and a Writ differ no more than in name the thing is the same in all Substantial parts the Writ is Recorded in Chancery so are His Highnesses Letters the proper Officer Endorses the Return so he does here for the Coroner in defect of the Sheriff is the proper Officer the People Choose by Virtue of the Letters c. quae re concordant parum differunt they agree in Reality and then what difference is there between the one and the other Object A Writ must be in Actions at Common Law else all Pleading after will not make it good but Judgment given may be Reversed by a Writ of Error Answ The case differs first because Actions between party and party are Adversary Actions but Summons to Parliament are not so but are Mediums only to have â—n Election 2. In Actions at Law the Defendant may plead to the Writ but there is no plea to a Writ for electing Members to serve in Parliament and for this I have Littleton's Argument there never was such a Plea therefore none lies Object That they have not taken the Test Answ They may take the Test yet and then all which they do will be good for the Test being the distinguishing Mark of a Protestant from a Papist when that is taken the end of the Law is performed Object That the Oaths of Allegiance and Supremacy ought to be taken and that the new ones are not legal Answ The Convention being the Supream Power have abolish'd the old Oaths and have made new ones and as to the making new Oaths the like was done in Alfreds time when they chose him King vide Mirror of Justice Chap. 1. for the Heptarchy being turn'd to a Monarchy the precedent Oaths of the seven Kings could not be the same King Alfred swore Many Precedents may be cited where Laws have been made in Parliament without the King 's Writ to summon them which for brevity's sake I forbear to mention For a farewel the Objections quarrel at our Happiness fight against our Safety and aim at that which may indanger Destruction The Present Convention a Parliament I. THat the formality of the Kings Writ of Summons is not so essential to an English Parliament but that the Peers of the Realm and the Commons by their Representatives duly Elected may legally act as the great Council and representative Body of the Nation though not summoned by the King especially when the circumstances of the time are such that such Summons cannot be had will I hope appear by these following Observations First The Saxon Government was transplanted hither out of Germany where the meeting of the Saxons in such Assemblies was at certain fixed times viz. at the New and Full Moon But after their Transmigration hither Religion changing other things changed with it and the times for their publick Assemblies in conformity to the great Solemnities celebrated by Christians came to be changed to the Feasts of Easter Pentecost and the Nativity The lower we come down in Story the seldomer we find these General Assemblies to have been held and sometimes even very anciently when upon extraordinary occasions they met out of course a Precept an Edict or Sanction is mentioned to have Issued from the King But the Times and the very place of their ordinary Meeting having been certain and determined in the very first and eldest times that we meet with any mention of
recites the daily Experiences that many of his Majesty's Subjects that adhere in their Hearts to the Popish Religion by the Infection drawn from thence by the wicked and devillish Counsel of Jesuits Seminaries and other like Persons dangerous to the Church and State are so far perverted in the point of their Loyalties and due Allegiance to the King's Majesty and the Crown of England as they are ready to entertain and execute any Treasonable Conspiracies and Practices And for the better Trial how his Majesty's Subjects stand affected in point of their Loyalties and due Obedience Enacts that it shall be lawful for any Bishop in his Diocess or any two Justices of the Peace whereof one to be of the Quorum within the Limits of their Jurisdiction out of the Session to require any Person of the age of eighteen Years or above which shall be convict or indicted of Recusancy other than Noblemen c. or which shall not have received the Sacrament twice within the Year then next past or any Person passing in or through the Country unknown that being examined upon Oath shall confess or not deny him or her self to be a Recusant and to take the Oath therein after expressed viz. c. The Oath of Allegiance So that by the occasion of imposing the Oath and by the appointing it to be tendred only to Papists or suspected Papists it is apparent that the Design of the Law-makers was to detect such Persons as were perverted or in danger to be perverted in their Loyalty by Infection drawn from the Popish Religion The form of the Oath makes it yet more evident being wholly levell'd against any Opinion of the Lawfulness of deposing the King or practising any Treason against him upon pretence of his being excommunicated or deprived by the Pope and against any Opinion of the Pope's Power to discharge Subjects from their Oaths of Fidelity to their Princes It runs thus viz. I A. B. Do truly and sincerely profess testify and declare in my Conscience before God and the World that our Soveraign Lord King James is lawful and rightful King of this Realm and of all his Majesty's Dominions and Countries And that the Pope neither of himself nor by any Authority of the Church or See of Rome or by any other means with any other hath any Power or Authority to depose the King or to dispose any of his Majesty's Kingdoms or Dominions or to authorize any Foreign Prince to invade or annoy him or his Countries or to discharge any of his Subjects of their Allegiance or Obedience to his Majesty or to give licence or leave to any of them to bear Arms raise Tumults or to offer any Violence or Hurt to his Majesty's Royal Person State or Government or to any of his Majesty's Subjects within his Majesty's Dominions Also I do swear from my Heart that notwithstanding any Declaration or Sentence of Excommunication or Deprivation made or granted or to be made or granted by the Pope or his Successors or by any Authority derived or pretended to be derived from him or his See against the said King his Heirs and Successors or any Absolution of the said Subjects from their Obedience I will bear Faith and true Allegiance to his Majesty his Heirs and Successors and him and them will defend to the uttermost of my Power against all Conspiracies and Attempts whatsoever which shall be made against his or their Persons their Crown and Dignity by reason or colour of any such Sentence or Declaration or otherwise and will do my best endeavour to disclose and make known unto his Majesty his Heirs and Successors all Treasons and traiterous Conspiracies which I shall know or hear of to be against him or any of them And I do further swear that I do from my Heart abhor and detest and abjure as impious and heretical this damnable Doctrine and Position That Princes which be excommunicated or deprived by the Pope may be deposed or murthered by their Subjects or any other whatsoever And I do believe and in Conscience am perswaded that neither the Pope nor any Person whatsoever hath Power to absolve me of this Oath or any part thereof which I acknowledg by good and lawful Authority to be lawfully administred unto me and I do renounce all Parsons and Dispensations to the contrary And all these things I do plainly and sincerely acknowledg and swear according to these express words by me spoken and according to the plain and common Sense and Vnderstanding of the same words without any Equivocation or mental Evasion or secret Reservation whatsoever And I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God And the Statute of 7 Jacobi cap. 6. recites that Whereas by a Statute made in the third Year of the said King's Reign the form of an Oath to be ministred and given to certain Persons in the same Act mentioned is limited and prescribed tending only to the Declaration of such Duty as every true and well affected Subject not only by bond of Allegiance but also by the Commandment of Almighty God ought to bear to the King his Heirs and Successors Which Oath such are infected with Popish Superstition do oppugne with many false and unsound Arguments the just defence whereof the King had therefore undertaken and worthily performed to the great contentment of all his Subjects notwithstanding the Gainsayings of Contentious Adversaries And to shew how greatly the King 's Loyal Subjects do approve the said Oath they beseech his Majesty that the said Oath be administred to all his Subjects The Pope and Authority of the See of Rome run through the first Paragraph Notwithstanding any Declaration or Sentence of Excommunication c. Governs the second Paragraph Excommunicated and deprived the Pope are the material words in the third Paragraph The fourth is added in Majorem cautelam in opposition to the Popish Doctrine of Dispensing with Oaths Absolving Subjects from their Allegiance Equivocations Mental Evasions c. So that as the Oath of Supremacy did but enforce the Antient Oath of Fealty with an acknowledgment of the Queen 's supream Authority in Ecclesiastial Causes and things as well as Temporal and a Renunciation of all Foreign Jurisdictions so the Oath of Allegiance does but enforce the same old Oath of Fealty by obliging the Subjects of England expresly to disown any lawful Authority in the Pope or See of Rome to depose invade or annoy the King his Dominions or Subjects And notwithstanding any Sentence of Excommunication Deprivation c. by the Pope c. to bear Faith and true Allegiance to the King his Heirs and lawful Successors And to abjure that Position that it is lawful to depose Princes that are Excommunicated or Deprived by the Pope Whatever is added is either Oath over and above what was exprest in the old Oath of Fealty is but as Explanatory of it and branching it out
super sacras sanctas reliquias coram Regno Sacerdotio Clero jurare antequam ab Archiepiscopis Episcopis Regni coronetur Lamb. de priscis Anglorum Legibus p. 142. Another Instance of the Deposition of a King of England subsequent to this Law we find in King John's time whose Oppressions and Tyrannical Government our Histories are full of Of which take this following Account out of a very Antient Historian Whereas the said John had sworn solemnly at his Coronation as the manner is that he would preserve the Rights and Usages of the Church and Realm of England yet contrary to his Oath he subjected as far as in him lay the Kingdom of England which has always been free and made it tributary to the Pope without the Advice and Consent of his Barons subverting good Customs and introducing evil ones endeavouring by many Oppressions and many ways to enslave both the Church and the Realm which Oppressions you know better than I as having felt them by manifold Experience For which Causes when after many Applications made War was waged against him by his Barons at last amongst other things it was agreed with his express Consent that in case the said John should return to his former Villanies the Barons should be at liberty to recede from their Allegiance to him never to return to him more But he after a few days made his latter end worse than his beginning endeavouring not only to oppress his Barons but wholly to exterminate them who therefore in a GENERAL ASSEMBLY and with the APPROBATION of ALL THE REALM adjudging him unworthy to be King chose US for their Lord and King Collect. p. 1868 1869. Chron. W. Thorn Cum praefatus Johannes in Coronatione suâ solennitèr prout moris est jurasset se Jura Consuetudines Ecclesiae Regni Angliae conservaturum contra juramentum suum absque consilio vel consensu Baronum suorum idem Regnum quod semper fuit liberum quantum in ipso fuit Domino Papa subjecit fecit tributarium bonas consuetudines subvertens malas indutens tam Ecclesiam quam Regnum multis oppressionibus multisque modis studens ancellare quas oppressiones vos meliùs nostis quam nos ut qui eas familiari sensistis experimento Pro quibus cum post multas requisitiones guerra mota esset contra ipsum à Baronibus suis tandem inter caetera de ejus expresso Consensu it à convenit ut si idem Johannes ad flagitia prima rediret ipse Barones ab ejus fidelitate recederent nunquam ad eum postmodùm reversuri Verùm ipse nihilominus paucis diebus evolutis fecit novissima sua pejora prioribus studens Barones suos non tantum opprimere sed potiùs penitùs exterminare Qui DE COMMVNI REGNI CONSILIO APPROBATIONE ipsum Regno judicantes indignum nos in Regem Dominum elegerunt Collect. 1868 1869. Chron. W. Thorn Lewis his Letter to the Abbot of St. Austins Canterbury The next Instance shall be that of King Edward the Second the Record of whose Deposition if it were extant would probably disclose all the Legal Formalities that were then accounted proper for the deposing an Unjust Oppressive King But they were cancelled and imbezled as is highly probable from Rastal's Stat. pag. 170 171. compar'd with the Articles exhibited in Parliament against King Richard the Second of which hereafter in King Richard the Second's time and by his Order Yet the Articles themselves are preserv'd in the Collect. and are as followeth viz. Accorde est que Sire Edward Fitz aisnè du Roy ait le Goverment du Royalme soit Roy Couronne pur les causes que s' ensuent 1. Pur ceo que la Person le Roy n' est pas suffisant de Governer Car en tout son temps il ad estre mene governe per auters que ly ont mavaisement conseillez à deshonour de ly destruction de Saint Esglise de tout son People sanz ceo que il le vousist veer ou conuster lequel il fust bon ou mauvays ou remedie mettre au faire le voufist quant il fuit requis par les grants sages de son Royalme ou souffrir que amende fuist faite 2. Item Par son temps il ne se voloit doner à bon Counsel ne le croire ne à bon Government de son Royalme mes se ad done tous jours as Ouvrages Occupations nient Convenables enterlessant l'esploit des besoignes de son Royalme 3. Item Par defaut de bon goverment ad il perdu le Royalme d'Escoce auters Terres Seigneuries en Gascoyne Hyrland les queux son Pere le leisa en pees amistè du Roy de France dets mults des auters Grants 4. Item Par sa fiertè qualte par mauvays Counsel ad il destruit Saint Esglise les Persons de Saint Esglise tenus en prison les uns les auters en distresce auxynt plusors Grants Nobles de sa terre mys à honteuse mort enprisones exulets desheritez 5. Item Là ou il est tenus par son serment à faire droit à toute il ne l' ad pas volu faire pur son propre proffitt covetise de ly de ces maveis consailires que ount este pres de ly ne ad garde les auters Points del serment qu' il fist à son Coronement si come il fuest tenus 6. Item Il deguerpist son Royalme fist tant come en ly fust que son Royalme son People fust perduz que pys est pur la cruaute de ly defaute de sa personne il est trove incorrigible saunz esperance de amendment les queux choses sont si notoires qu' ils ne pount este desdits For these Causes De consilio assensu omnium Praelatorum Comitum Baronum totius Communitatis Regni amotus est à regimine Regni Apolog. Ade de Orleton Collect p. 2765 2766. It is accorded that Prince Edward the King 's eldest Son shall have the Government of the Kingdom and be crowned King for the Causes following 1. For that the Person of the King is insufficient to govern for that during his whole Reign he has been led and governed by others who have given him evil Counsel to his Dishonour and the Destruction of Holy-Church and of all his People he being unwilling to consider or know what was good or evil or to provide remedy even when it was required of him by the great and wise Men of his Realm or suffer any to be made 2. Also during all his time he would neither hearken to nor believe good Counsel nor apply himself to the good Government of his Realm but hath always given himself over to Things and Occupations altogether inconvenient omitting in the mean
Regnis atque populi innumerabiles in Guerrâ illâ mortem mortis periculum sustinuerunt bona quoque catalla inaestimabilia thesauros innumerabiles pro sustentatione hujus guerrae Communes Regni hujus indefesse effuderunt Et quod graviùs dolendum est jam in diebus vestris tanta onera iis imposita pro guerris vestris sustinendis supportaverunt quod ad tantam pauperiem incredibilem deducti sunt quod nec reditus suos pro suis tenementis solvere possunt nec Regi subvenire nec vitae necessaria sibi ipsis ministrare depauperatur Regia potestas Dominorum Regni magnatum infelicitas adducitur atque totius populi debilitas Nam Rex depauperari nequit qui divitem habet populum nec dives esse potest qui pauperes habet communes Et mala haec omnia redundant non solum Regi sed omnibus singulis Dominis Proceribus Regni unicuique in suo gradu Et haec omnia eveniunt per iniquos ministros Regis qui malè gubernaverunt Regem Regnum usque in praesens Et nisi manus citiùs apponamus adjutrices remedii fulcimentum adhibeamus Regnum Angliae dolorosè attenuabitur tempore quo minus opinamur Sed unum aliud de nuncio nostro superest nobis ex parte populi vestri vobis intimare Habent enim EX ANTIQUO STATUTO de facto non longe retroactis temporibus experienter quod dolendum est habito si Rex EX MALIGNO CONSILIO QUOCUNQUE vel INEPTA CONTUMACIA aut CONTEMPTU seu PROTERVA VOLUNTATE SINGULARI aut QUOVIS MODO IRREGULARI se alienaverit à populo suo nec voluerit per jura Regni Statuta ac laudabiles Ordinationes cum salubri consilio Dominorum Procerum Regni gubernari regulari sed capitose in suis insanis consiliis propriam voluntatem suam singularem proterve exercere extunc licitum est iis cum communi assensu consensu Populi Regni ipsum REGEM DE REGALI SOLIO ABROGARE propinquiorem aliquem de stirpe Regiâ loco ejus in Regni solio sublimare H. Knighton Collect. 2681. Wherefore taking wholsome Advice they sent by common Assent of the whole Parliament the Lord Thomas de Woodstock Duke of Glocester and Thomas de Arundell Bishop of Ely to the King to Eltham to salute him on behalf of the Lords and Commons of his Parliament who express'd their Desires to the King to this effect Sir The Lords and all the Commons of your Parliament have themselves commended to your most excellent Majesty desiring the Success of your invincible Honour against the Power of your Enemies and a most firm Bond of Peace and Love in your Heart towards your Subjects for your good God-wards and the good of your Soul and to the unspeakable Comfort of all your People whom you govern On whose behalf we intimate these things to you That it appears to us by an antient Statute and by laudable and approved Vsage which cannot be deny'd that our King can call together the Peers of the Realm and the Commons once a year to his Parliament as to the supream Court of the whole Kingdom in which all Right and Justice ought to shine forth without any doubt or stain as the Sun at Noon-day where Poor and Rich may find an infallible Refuge to enjoy the Refreshments of Tranquillity and Peace and for repelling of Injuries where also Errors in Government are to be reformed and the State and Government of King and Kingdom treated upon by sage Advice and the destroying and repelling of both intestine and foreign Enemies to the King and Kingdom with most Convenience and Honour may be debated upon and provided for as also in what manner the Charges incumbent upon the King and Kingdom may be born with most ease to the Commonalty They conceive likewise that since they bear the incumbent Charges it concerns them to inspect how and by whom their Goods and Chattels are expended They say also that it appears to them by an antient Statute that if the King absent himself from his Parliament voluntarily not by reason of Sickness or for any other necessary cause but through an inordinate Will shall wantonly absent himself by the space of forty days as not regarding the Vexation of his People and their great Expences it shall then be lawful to all and singular of them to return to their own Homes without the King's leave And you have now been longer absent and have refused to come to them for what cause they know not Then said the King I now plainly see that my People and the Commons design to oppose me with Force and are about to make an Insurrection against me And if I be so infested I think the best course I can take will be to _____ my Cousin the King of France and ask his Advice and pray in aid of him against those that way-lay me and rather to submit my self to him than be foil'd by my own Subjects To which they reply'd That Counsel is not for your good but will inevitably tend to your ruin for the King of France is your capital Enemy and the greatest Adversary that your Kingdom has and if he should set his foot within your Kingdom he would rather endeavour to prey upon you and invade your Realm and to depose you from your Royal Dignity than afford you any Assistance if which God forbid you should stand in need of his help Call to mind therefore how your Grand-father King Edward III and your Father Prince Edward for him fought indefatigably in Sweat and Sorrow all their days and went through innumerable Hardships of Cold and Heat to acquire the Kingdom of France which by hereditary Right appertain'd to Them and does now to You by Succession after them Remember likewise how innumerable Lords and Commons of both Realms and Kings and Gentlemen of other Kingdoms and People innumerable perished or hazarded perishing in that War and that the Commons of this Realm pour'd out Goods of inestimable value and innumerable Sums of Money for the carrying on of that same War and which is more to be lamented they have now in your days undergone such heavy Taxes towards the maintaining of your Wars that they are reduced to such incredible Poverty that they cannot so much as pay their Rents for their Farms nor aid the King nor afford themselves Necessaries and the King himself is impoverish'd and the Lords become uneasy and all the People faint for a King cannot become poor that has a rich People nor can he be rich whose People are poor And all these Mischiefs redound not to the King only but also to all and singular the Peers of the Realm in proportion And all these Mischiefs happen by means of the King 's Evil Ministers who have hitherto misgovern'd both the King and Kingdom and if some course be not taken the Kingdom of England will
be miserably diminish'd sooner than we are aware But there remains yet another part of our Message which we have to impart to you on the behalf of your People They find in an antient Statute and it has been done in fact not long ago That if the King through any Evil Counsel or foolish Contumacy or out of Scorn or some singular petulant Will of his own or by any other irregular Means shall alienate himself from his People and shall refuse to be govern'd and guided by the Laws of the Realm and the Statutes and laudable Ordinances thereof together with the wholsom Advice of the Lords and great Men of his Realm but persisting head-strong in his own hare-brain'd Counsels shall petulantly prosecute his own singular humour That then it shall be lawful for them with the common assent and consent of the People of the Realm to depose that same King from his Regal Throne and to set up some other of the Royal Blood in his room H. Knight Coll. 2681. No Man can imagine that the Lords and Commons in Parliament would have sent the King such a Message and have quoted to him an old Statute for deposing Kings that would not govern according to Law if the People of England had then apprehended that an Obedience without reserve was due to the King or if there had not been such a Statute in being And though the Record of that Excellent Law be lost as the Records of almost all our Antient Laws are yet is the Testimony of so credible an Historian who lived when these things were transacted sufficient to inform us that such a Law was then known and in being and consequently that the Terms of English Allegiance according to the Constitution of our Government are different from what some Modern Authors would persuade us they are This Difference betwixt the said King and his Parliament ended amicably betwixt them in the punishment of many Evil Counsellors by whom the King had been influenced to commit many Irregularities in Government But the Discontents of the People grew higher by his After-management of Affairs and ended in the Deposition of that King and setting up of another who was not the next Heir in Lineal Succession The Articles against King Richard the Second may be read at large in H. Knighton Collect. 2746 2747 c. and are yet extant upon Record An Abridgment of them is in Cotton's Records pag. 386 387 388. out of whom I observe these few there being in all Thirty three The First was His wasting and bestowing the Lands of the Crown upon unworthy Persons and overcharging the Commons with Exactions And that whereas certain Lords Spiritual and Temporal were assign'd in Parliament to intend the Government of the Kingdom the King by a Conventicle of his own Accomplices endeavoured to impeach them of High-Treason Another was For that the King by undue means procured divers Justices to speak against the Law to the destruction of the Duke of Glocester and the Earls of Arundel and Warwick at Shrewsbury Another For that the King against his own Promise and Pardon at a solemn Procession apprehended the Duke of Glocester and sent him to Calice there to be choaked and murthered beheading the Earl of Arundel and banishing the Earl of Warwick and the Lord Cobham Another For that the King's Retinue and a Rout gathered by him out of Cheshire committed divers Murders Rapes and other Felonies and refused to pay for their Victuals Another For that the Crown of England being freed from the Pope and all other Foreign Power the King notwithstanding procured the Pope's Excommunication on such as should break the Ordinances of the last Parliament in derogation of the Crown Statutes and Laws of the Realm Another That he made Men Sheriffs who were not named to him by the Great Officers the Justices and others of his Council and who were unfit contrary to the Laws of the Realm and in manifest breach of his Oath Another For that he did not repay to his Subjects the Debts that he had borrowed of them Another For that the King refused to execute the Laws saying That the Laws were in his Mouth and Breast and that himself alone could make and alter the Laws Another For causing Sheriffs to continue in Office above a Year contrary to the tenor of a Statute-Law thereby incurring notorious Perjury Another For that the said King procured Knights of the Shires to be returned to serve his own Will Another For that many Justices for their good Counsel given to the King were with evil Countenance and Threats rewarded Another For that the King passing into Ireland had carried with him without the Consent of the Estates of the Realm the Treasure Reliques and other Jewels of the Realm which were used safely to be kept in the King 's own Coffers from all hazard And for that the said King cancelled and razed sundry Records Another For that the said King appear'd by his Letters to the Pope to Foreign Princes and to his Subjects so variable so dissembling and so unfaithful and inconstant that no Man could trust him that knew him insomuch that he was a Scandal both to himself and the Kingdom Another That the King would commonly say amongst the Nobles that all Subjects Lives Lands and Goods were in his hands without any forfeiture which is altogether contrary to the Laws and Vsages of the Realm Another For that he suffered his Subjects to be condemned by Martial-Law contrary to his Oath and the Laws of the Realm Another For that whereas the Subjects of England are sufficiently bound to the King by their Allegiance yet the said King compell'd them to take new Oaths These Articles with some others not altogether of so general a concern being considered and the King himself confessing his Defects the same seemed sufficient to the whole Estates for the King's Deposition and he was depos'd accordingly The Substance and Drift of all is That our Kings were antiently liable to and might lawfully be deposed for Oppression and Tyranny for Insufficiency to govern c. in and by the great Council of the Nation without any breach of the old Oath of Fealty because to say nothing of the nature of our Constitution express and positive Laws warranted such Proceedings And therefore the Frame of our Government being the same still and the Terms of our Allegiance being the same now that they were then without any new Obligations superinduced by the Oaths of Allegiance and Supremacy a King of England may legally at this day for sufficient cause be deposed by the Lords and Commons assembled in a Great Council of the Kingdom without any breach of the present Oaths of Supremacy or Allegiance Quod erat demonstrandum MANTISSA WHen Stephen was King of England whom the People had chosen rather than submit to Mawd tho the Great Men of the Realm had sworn Fealty to her in her Father's life-time Henry Duke of Anjou Son of the said Mawd afterwards King Henry the Second invaded the Kingdom An. Dom. 1153 which was towards the latter-end of King Stephen's Reign and Theobald Archbishop of Canterbury endeavoured to mediate a Peace betwixt them speaking frequently with the King in private and sending many Messages to the Duke and Henry Bishop of Winchester took pains likewise to make them Friends Factum est autem ut mense Novembris in fine mensis EX PRAECEPTO REGIS ET DUCIS Collect. pag. 1374 1375. convenirent apud Wintoniam Praesules Principes Regni ut ipsi jam initae paci praeberent assensum unanimiter juramenti Sacramento confirmarent i.e. It came to pass that in the Month of November towards the latter end of the Month at the summons of the King and of the Duke the Prelats and Great Men of the Kingdom were assembled at Winchester that they also might assent to the Peace that was concluded and unanimously swear to observe it In that Parliament the Duke was declared King Stephen's adopted Son and Heir of the Kingdom and the King to retain the Government during his Life I observe only upon this Authority That there being a Controversy betwixt the King and the Duke which could no otherwise be determined and settled but in a Parliament the Summons of this Parliament were issued in the Names of both Parties concerned Quisquis habet aures ad audiendum audiat FINIS
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
by certain Noblemen and others of our Kingdom of Ireland suggesting Disorders and Abuses as well in the Proceedings of the late begun Parliament as in the Martial and Civil Government of the Kingdom We did receive with extraordinary Grace and Favour And by another Proclamation in the 12th year of his Reign Procl 12 Jac. he declares That it was the Right of his Subjects to make their immediate Addresses to him by Petition and in the 19th year of his Reign he invites his Subjects to it And in the 20th year of his Reign Procl Dat. 10 July 19. Jac. Procl Dat. 14. Feb. 20. Jac. he tells his People that his own and the Ears of his Privy Council did still continue open to the just Complaints of his People and that they were not confined to Times and Meetings in Parliament nor restrained to particular Grievances not doubting but that his loving Subjects would apply themselves to his Majesty for Relief to the utter abolishing of all those private whisperings and causless Rumors which without giving his Majesty any Opportunity of Reformation by particular knowledge of any Fault serve to no other purpose but to occasion and blow abroad Discontentment It appears Lords Journ Anno 1640. that the House of Lords both Spiritual and Temporal Nemine contradicente Voted Thanks to those Lords who Petitioned the King at York to call a Parliament And the King by his Declaration Printed in the same year Declar. 1644. declares his Royal Will and Pleasure That all his Loving Subjects who have any just cause to present or complain of any Grievances or Oppressions may freely Address themselves by their humble Petitions to his Sacred Majesty who will graciously hear their Complaints Since his Majesty's happy Restauration Temp. Car. 2. the Inhabitants of the County of Bucks made a Petition That their County might not be over-run by the Kings Deer and the same was done by the County of Surry on the same Occasion 'T is time for me to conclude your trouble I suppose you do no longer doubt but that you may joyn in Petition for a Parliament since you see it has been often done heretofore nor need you fear how many of your honest Countreymen joyn with you since you hear of Petitions by the whole Body of the Realm and since you see both by the Opinions of our Lawyers by the Doctrine of our Church and by the Declarations of our Kings That it is our undoubted Right to Petition Nothing can be more absurd than to say That the number of the Supplicants makes an innocent Petition an Offence on the contrary if in a thing of this Publick concernment a few only should address themselves to the King it would be a thing in it self ridiculous the great end of such Addresses being to acquaint him with the general desires of his People which can never be done unless multitudes joyn How can the Complaints of the diffusive Body of the Realm reach his Majesty's Ears in the absence of a Parliament but in the actual concurrence of every individual Person in Petition for the personal application of multitudes is indeed unlawful and dangerous Give me leave since the Gazette runs so much in your mind Stat. 13. Car. 2. c. 5. to tell you as I may modestly enough do since the Statute directs me what answer the Judges would now give if such another Case were put to them as was put to the Judges 2 Jacobi Suppose the Nonconformists at this day as the Puritans then did should sollicite the getting of the hands of Multitudes to a Petition to the King for suspending the Execution of the Penal Laws against themselves the present Judges would not tell you that this was an Offence next to Treason or Felony nor that the Offenders were to be brought to the Council-board to be punished but they would tell you plainly and distinctly That if the hands of more Persons than twenty were solicited or procured to such a Petition and the Offenders were convicted upon the Evidence of two or more credible Witnesses upon a Prosecution in the Kings-bench or at the Assizes or Quarter Sessions within six Months they would incur a Penalty not exceeding a 100 l. and three Months Imprisonment because their Petition was to change a matter establisht by Law But I am sure you are a better Logician than not to see the difference which the Statute makes between such a Petition which is to alter a thing establisht by Law and an innocent and humble Petition That a Parliament may meet according to Law in a time when the greatest Dangers hang over the King the Church and the State The Right Honourable the Earl of Shaftsbury 's Speech in the House of Lords March 25. 1679. My Lords YOU are appointing of the Consideration of the State of England to be taken up in a Committee of the whole House some day next Week I do not know how well what I have to say may be received for I never study either to make my Court well or to be Popular I always speak what I am commanded by the Dictates of the Spirit within me There are some other Considerations that concern England so nearly that without them you will come far short of Safety and Quiet at Home We have a little Sister and she hath no Breasts what shall we do for our Sister in the day when she shall be spoken for If she be a Wall we will build on her a Palace of Silver if she be a Door we will inclose her with Boards of Cedar We have several little Sisters without Breasts the French Protestant Churches the two Kingdoms of Ireland and Scotland The Foreign Protestants are a Wall the only Wall and Defence to England upon it you may build Palaces of Silver glorious Palaces The Protection of the Protestants abroad is the greatest Power and Security the Crown of England can attain to and which can only help us to give Check to the growing Greatness of France Scotland and Ireland are two Doors either to let in Good or Mischief upon us they are much weakened by the Artifice of our cunning Enemies and we ought to inclose them with Boards of Cedar Popery and Slavery like two Sisters go hand in hand sometimes one goes first sometimes the other in a doors but the other is always following close at hand In England Popery was to have brought in Slavery in Scotland Slavery went before and Popery was to follow I do not think your Lordships or the Parliament have Jurisdiction there It is a Noble and Ancient Kingdom they have an illustrious Nobility a Gallant Gentry a Learned Clergy and an Understanding Worthy People but yet we cannot think of England as we ought without reflecting on the Condition therein They are under the same Prince and the Influence of the same Favourites and Councils when they are hardly dealt with can we that are the Richer expect better usage for 't is
Land to cut off these workers of Iniquity whose Religion is Rebellion whose Faith is Faction whose practice is murthering of Souls and Bodies and to root them out of the Confines of this Kingdom VII All the Judges of England are bound by their Oath 18 Edw. III. 20 Edw. III. Cap. 1.2 and by the duty of their place to disobey all Writs Letters or Commands which are brought to them either under the little Seal or under the great Seal to hinder or delay common Right Are the Judges all bound in an Oath and by their places to break the 13 of the Romans VIII The Engagement of the Lords attending upon the King at York June 13. 1642. which was subscribed by the Lord Keeper and Thirty Nine Peers besides the Lord Chief-Justice Banks and several others of the Privy-Council was in these words We do engage our selves not to Obey any Orders or Commands whatsoever not warranted by the known Laws of the Land Was this likewise an Association against the 13 of the Romans IX A Constable represents the King's person and in the Execution of his Office is within the purview of the 13 of the Romans as all Men grant but in case he so far pervert his Office as to break the Peace and commit Murther Burglary or Robbery on the Highway he may and ought to be Resisted X. The Law of the Land is the best Expositor of the 13 of the Romans Here and in Poland the Law of the Land There XI The 13 of the Romans is receiv'd for Scripture in Poland and yet this is expressed in the Coronation Oath in that Country Quod si Sacramentum meum violavero Incola Regni nullam nobis Obedientiam praestare tenebuntur And if I shall violate my Oath the Inhabitants of the Realm shall not be bound to yield me any Obedience XII The Law of the Land according to Bracton is the highest of all the Higher Powers mentioned in this Text for it is superior to the King and made him King Lib. 3. Cap. 26. Rex habet superiorum Deum item Legem per quam factus est Rex item Curiam suam viz. Comites Barones and therefore by this Text we ought to be subject to it in the first place And according to Melancthon It is the Ordinance of God to which the Higher Powers themselves ought to be subject Vol. 3. In his Commentary on the Fifth Verse Wherefore ye must needs be subject not only for Wrath but also for Conscience sake He hath these words Neque vero haec tantum pertinent ad Subditos sed etiam ad Magistratum qui cum fiunt Tyranni non minus dissipant Ordinationem Dei quam Seditiosi Ideo ipsorum Conscientia fit rea quia non obediunt Ordinationi Dei id est Legibus quibus debent parere Ideo Comminationes hic positae etiam ad ipsos pertinent Itaque hujus mandati severitas moveat omnes ne violationem Politici status putent esse leve peccatum Neither doth this place concern Subjects only but also the Magistrates themselves who when they turn Tyrants do no less overthrow the Ordinance of God than the Seditious and therefore their Consciences too are guilty for not obeying the Ordinance of God that is the Laws which they ought to obey So that the Threatnings in this place do also belong to them wherefore let the severity of this Command deter all men from thinking the Violation of the Political Constitution to be a light Sin Corollary To destroy the Law and Legal Constitution which is the Ordinance of God by false and arbitrary Expositions of this Text is a greater Sin than to destroy it by any other means For it is Seething the Kid in his Mothers Milk CHAP. IV. Of LAWS I. THere is no Natural Obligation wereby one Man is bound to yield Obedience to another but what is founded in paternal or patriarchal Authority II. All the Subjects of a patriarchal Monarch are Princes of the Blood III. All the people of England are not Princes of the Blood IV. No Man who is Naturally Free can be bound but by his own Act and Deed. V. Publick Laws are made by publick consent and they therefore bind every man because every man's consent is involved in them VI. Nothing but the same Authority and Consent which made the Laws can Repeal Alter or Explain them VII To judge and determine Causes against Law without Law or where the Law is obscure and uncertain is to assume Legislative power VIII Power assumed without a Man's consent cannot bind him as his own Act and Deed. IX The Law of the Land is all of a piece and the same Authority which made one Law made all the rest and intended to have them all Impartially Executed X. Law on One Side is the Back-Sword of Justice XI The Best Things when Corrupted are the Worst and the wild Justice of a State of Nature is much more desirable than Law perverted and over-rul'd into Hemlock and Oppression Copies of Two Papers Written by the Late King CHARLES II. Published by His MAJESTIES Command Printed in the Year 1686. The First Paper THE Discourse we had the other Day I hope satisfied you in the main that Christ can have but one Church here upon Earth and I believe that it is as visible as that the Scripture is in Print That none can be that Church but that which is called the Roman Catholick Church I think you need not trouble your self with entring into that Ocean of particular Disputes when the main and in truth the only Question is Where that Church is which we profess to believe in the two Creeds We declare there to believe one Catholick and Apostolick Church and it is not left to every phantastical man's head to believe as he pleases but to the Church to whom Christ left the power upon Earth to govern us in matters of Faith who made these Creeds for our Directions It were a very Irrational thing to make Laws for a Country and leave it to the Inhabitants to be the Interpreters and Judges of those Laws For then every man will be his own Judge and by consequence no such thing as either right or wrong Can we therefore suppose that God Almighty would leave us at those uncertainties as to give us a Rule to go by and to leave every man to be his own Judge I do ask any ingenuous man whether it be not the same thing to follow our own Fancy or to interpret the Scripture by it I would have any man shew me where the power of deciding matters of Faith is given to every particular man Christ left his power to his Church even to forgive Sins in Heaven and left his Spirit with them which they exercised after his Resurrection First by his Apostles in these Creeds and many years after by the Council at Nice where that Creed was made that is called by that name and by the power which they
so I desire to know why I may not read an Homily for Transubstantiation or Invocation of Saints or the Worship of Images if the King sends me such good Catholick Homilies and commands me to read them And thus we may instruct our People in all the Points of Popery and recommend it to them with all the Sophistry and Artificial Infintrations in Obedience to the King with a very good Conscience because without our Consent If it be said this would be a Contradiction to the Doctrine of our Church by Law established so I take the Declaration to be And if we may read the Declaration contrary to Law because it does not imply our Consent to it so we may Popish Homilies for the bare Reading them will not imply our Consent no more than the Reading the Declaration does But whether I consent to the Doctrine or no it is certain I consent to teach my People this Doctrine and it is to be considered whether an honest Man cand do this Thirdly I suppose no Man will doubt but the King intends that our Reading the Declaration should signifie to the Nation our Consent and Approbation of it for the Declaration does not want Publishing for it is sufficiently known already but our Reading it in our Churches must serve instead of Addresses of Thanks which the Clergy generally refused though it was only to Thank the King for his Gracious Promises renewed to the Church of England in His Declaration which was much more innocent than to publish the Declaration it self in our Churches This would perswade one that the King thinks our Reading the Declaration to signifie our Consent and that the People will think it to be so And he that can satisfie his 〈◊〉 to do an Action without Consent which the Nature of the Thing the Design and intention of the Command and the Sense of the People expound to be a Consent may I think as well satisfie himself with Equivocations and mental Reservations There are two things to be answered to this which must be considered 1. That the People understand our Minds and see that this is Matter of Force upon us and meer Obedience to the King To which I answer 1. Possibly the People do understand that the Matter of the Declaration is against our Principles But is this any Excuse that we read that and by Reading recommend that to them which is against our own Consciences and Judgments Reading the Declaration would be no Fault at all but our Duty whâ—â— the King commands it did we approve of the Matter of it but to consent to teach our People such Doctrines as we think contrary to the Laws of God or the Laws of the Land does not lessen but aggravate the Fault and the People must be very good natured to think this an Excuse 2. It is not likely that all the People will be of a Mind in this Matter some may excuse it others and those it may be the most the best and the wifest Men will condemn us for it and then how shall we justifie our selves against their Censures when the World will be divided in their Opinions the plain way is certainly the best to do what we can justifie our selves and then let Men judge as they please No Men in England will be pleased with our Reading the Declaration but those who hope to make great Advantage of it against us and against our Church and Religion others will severely condemn us for it and censure us as false to our Religion and as Betrayers both of Church and State and besides that it does not become a Minister of Religion to do any thing which in the Opinion of the most charitable Men can only be excused for what needs an Excuse is either a Fault or looks very like one besides this I say I will not trust Mens Charity those who have suffered themselves in this Cause will not excuse us for fear of suffering those who are inclined to excuse us now will not do so when they consider the thing better and come to feel the ill Consequences of it when our Enemies open their Eyes and tell them what our Reading the Declaration signified which they will then tell us we ought to have seen before though they were not bound to see it for we are to guide and instruct them not they us II. Others therefore think that when we read the Declaration we should publickly profess that it is not our own Judgment but that we only Read it in Obedience to the King and then our Reading it cannot imply our Consent to it Now this is only Protestatio contra sactum which all People will laugh at and scorn us for for such a solemn Reading it in time of Divine Service when all Men ought to be most grave and serious and far from dissembling with God or Men does in the Nature of the thing imply our Approbation and should we declare the contrary when we read it what shall we say to those who ask uâ— why then do you read it But let those who have a mind to try this way which for my part I take to be a greater and more unjustifiable Provocation of the King than not to read it and I suppose those who do not read it will be thought plainer and honester Men and will 〈◊〉 as well as those who read it and protest against it and yet nothing less than an express Protestation against it will salve this Matter for only to say they read it meerly in Obedience to the King does not express their Dissent It signifies indeed that they would not have read it if the King had not commanded it but these Words do not signifie that they disapprove of the Declaration when their Reading it though only in Obedience to the King signifies their Approbation of it as much as Actions can signifie a Consent let us call to mind how it fared with those in King Charles the First 's Reign who read the Book of Sports as it was called and then preached against it To return then to our Arguments if Reading the Declaration in our Churches be in the Nature of the Action in the Intention of the Command in the Opinion of the People an interpretative Consent to it I think my self bound in Conscience not to read it because I am bound in Conscience not to approve it It is against the Constitution of the Church of England which is established by Law and to which I have subscribed and therefore am bound in Conscience to Teach nothing contrary to it while this Obligation lasts It is to teach an unlimitâ—d and universal Toleration which the Parliament in 72. Declared illegal and which has been condemned by the Christian Church in all Ages It is to teach my People that they need never come to Church more but have my free Leave as they have the King 's to go to a Conventicle or Mass It is to teach the Dispencing Power which alters what
has been formerly thought the whole Constitution of this Church and Kingdom which we dare not do till we have the Authority of Parliament for it It is to recommend to our People the Choice of such Persons to sit in Parliament as shall take away the Test and Penal Laws which most of the Nobility and Gentry of the Nation have declared their Judgment against It is to condemn all those great and worthy Patriots of their Country who forfeited the dearest thing in the World to them next a good Conscience viz. The Favour of their Prince and a great many honorable and profitable Employments with it rather than consent to that Proposal of taking away the Test and Penal Paws which they apprehend destructive to the Church of England and the Protestant Religion and he who can in Conscience do all this I think need scruple nothing For let us consider further what the Effects and Consequences of our Reading the Declaration are likely to be and I think they are Matter of Conscience too when they are evident and apparent This will certainly render our Persons and Ministry infinitely contemptible which is against that Apostolical Canon Let no Man despise thee Titus 2.15 That is so to behave himself in his Ministereal Office as not to fall under Contempt and therefore this obliges the Conscience not to make our selves ridiculous nor to render our Ministry our Counsels Exhortations Preaching Writing of no Effect which is a thousand times worse than being silenced Our Sufferings will preach more effectually to the People when we cannot speak to them but he who for Fear or Cowardise or the Love of this World betrays his Church and Religion by undue Compliances and will certainly be thought to do so may continue to Preach but to no purpose and when we have rendred our selves ridiculous and contemptible we shall then quickly fall and fall unpitied There is nothing will so effectually tend to the final Ruine of the Church of England because our Reading the Declaration will discourage or provoke or misguide all the Friends the Church of England has can we blame any Man for not preserving the Laws and the Religion of our Church and Nation when we our selves will venture nothing for it Can we blame any Man for consenting to Repeal the Test and Penal Laws when we recommend it to them by Reading the Declaration Have we not reason to expect that the Nobility and Gentry who have already suffered in this Cause when they hear themselves condemned for it in all the Churches of England will think it time to mend such a Fault and reconcile themselves to their Prince and if our Church fall this way is there any reason to expect that it should ever rise again These Consequences are almost as evident as Demonstrations and let it be what it will in it self which I foresee will destroy the Church of England and the Protestant Religion and Interest I think I ought to make as much Conscience of doing it as of doing the most immortal Action in Nature To say that these mischievous Consequences are not absolutely necessary and therefore do not affect the Conscience because we are not certain they will follow is a very mean Objection Moral Actions indeed have not such necessary Consequences as natural Causes have necessary Effects because no moral Causes act necessarily Reading the Declaration will not as necessarily destroy the Church of England as Fire burns Wood but if the Consequence be plain and evident the most likely thing that can happen if it be unreasonable to expect any other if it be what is plainly intended and designed either I must never have any regard to Moral Consequences of my Actions or if ever they are to be considered they are in this case Why are the Nobility and Gentry so extreamly averse to the Repeal of the Test and Penal Laws Why do they forfeit the King's Favour and their Honourable Stations rather than comply with it If you say that this tends to destroy the Church of England and the Protestant Religion I ask whether this be the necessary consequence of it whether the King cannot keep his promise to the Church of England if the Test and Penal Laws be Repealed We cannot say but this may be And yet the Nation does not think fit to try it and we commend those great men who deny it and if the same questions were put to us we think we ought in Conscience to deny them our selves And are there not as high probabilities that our Reading the Declaration will promote the Repeal of the Test and Penal Laws as that such a Repeal will ruine our Constitution and bring in Popery upon us Is it not as probable that such a complyance in us will disoblige all the Nobility and Gentry who have hitherto been firm to us as that when the power of the Nation is put into Popish Hands by the Repeal of such Tests and Laws the Priests and Jesuirs may find some salvo for the King's Conscience and perswade him to forget his Promise to the Church of England and if the probable ill consequences of Repealing the Test and Penal Laws be a good reason not to comply with it I cannot see but that the as probable ill consequences of Reading the Declaration is as good a reason not to read it The most material Objection is that the Dissenters whom we ought not to provoke will expound our not Reading it to be the effect of a persecuting Spirit Now I wonder Men should lay any weight on this who will not allow the most probable consequences of our Actions to have any influence upon Conscience For if we must compare consequences to disoblige all the Nobility and Gentry by reading it is likely to be much more fatal than to anger the Diffenters and it is more likely and there is much more reason for it that one should be offended than the other For the Dissenters who are wise and considering are sensible of the snare themselves and though they desire Ease and Liberty they are not willing to have it with such apparent hazard of Church and State I am sure that tho' we were never so desirous that they might have their Liberty and when there is opportunity of shewing our inclinations without danger they may find that we are nations without danger they may find that we are not such Persecutors as we are represented yet we cannot consent that they should have it this way which they will find the dearest Liberty that ever was granted This Sir is our Case in short the Difficulties are great on both sides and therefore now if ever we ought to besiege Heaven with our Prayers for Wisdom and Counsel and Courage that God would protect his Church and Reformed Christianity against all the devices of their Enemies Which is the daily and hearty Prayer of SIR Your Friend and Brother May 22. 1â—88 POSTSCRIPT I Have just now seen H. Care 's Paper
the known Laws of the Kingdom and hath been done by no legal Court but by a Sett of Mercenary Villains armed with an Arbitrary Commission and who do as Arbitrarily exercise it And as the End unto which that Inquisition-Court was instituted was to rob us of our Rights and Privileges at the mere Pleasure of the King so the very Institution of it is an Invasion both upon all our Laws and upon the whole Property of the Nation and is one of the highest Exercises of Despotical Power that it is possible for the most Absolute and unlimited Monarch to exert Among all the Rights reserved unto the Subjects by the Rules of the Constitution and whereof they are secured by many repeated Laws and Statutes there are none that have been hitherto less disputed and in reference to which our Kings have been farther from claiming any Power and Authority than those of levying Money without the Grant as well as the Consent of Parliament and of Absolving and Discharging Debtors from paying their Creditors and of Acquitting them from being Sued and Imprisoned in case of Non-payment and yet in Defiance of all Law and to the Subverting the Rights of the People and the most essential Privilege and Jurisdiction of Parliaments and to a plain changing the ancient legal Constitution into an Absolute and Despotical Governing Power the King they say is assuming to himself an Authority both of imposing a Tax of 5 l. per Annum upon every Hackney Coach and of Releasing and Discharging all Debtors of whom their Creditors cannot claim and demand above 10 l. Sterling which as they will be signal Invasions upon Property and leading Cases for the raising Money in what other Instances he pleaseth by a Hampton-Court or a Whitehall Edict without standing in need of a Parliament or being obliged to a Dependance upon their Grant for all Taxes to be levied upon the Subjects as his Predecessoâ—s have heretofore been so they may serve fully to instruct us what little Security either the Dissenters have as to being long in the Possession of their present Liberty or Protestants in general of having a Freedom continued unto them of professing the Reformed Religion if we have nothing more to rely upon for preventing our being abridged and denied the Liberty of our Religion than we have had for preserving our Property from being Invaded and broken in upon We may subjoyn to the Clause already mentioned that other Expression which occurs in the foresaid Declaration viz. That as he freely gives them leave to meet and serve God after their own way and manner so they are to take special care that nothing be preached or taught amongst them which may any ways tend to alienate the Hearts of the People from his Majesty or his Government Which words as they import the Price at which the Dissenters are to purchase their Freedom whereof we shall discourse anon so they admirably serve to furnish the King with a Pretence of retrenching their Liberty whensoever he pleaseth nor are they inferted there for any other End but that upon a Plea of their having abused his Gracious Indulgence to the alienating the Hearts of his People from him they may be adjudged to have thereby deservedly forfeited both all the Benefits of it and of his Royal Favor Nor is it possible for a Protestant Minister to preach one Sermon which a Popish Critick or a Romish Bigot may not easily misconstrue and pervert to be an Alienation of the Peoples Hearts from the King's Person and Government And of which as we have heard many late Examples in France so it will be easie to draw them into President and to imitate them in England I might add the Observation of the ingenious Author of the Reflections on his Majesty's Proclamation for a Toleration in Scotland Namely that whereas the King gives all Assurance to his Scots Subjects that he will not use invincible Necessity against any Man on the account of his Perswasion he does thereby leave himself at a liberty of Dragooning Torturing Burning and doing the utmost Violences all these being vincible to a Person of an ardent love to God and of a lively Faith in Jesus Christ and which accordingly many Thousands have been triumphantly Victorious over Nor is it likely that this new and uncouth Phrase of not using an invinsible Necessity would have found room in a Paper of that nature if it had not been first to conceal some malicious and mischievous Design and then to justifie the Consistency of its Execution with what is promised in the Proclamation Moreover were there that Security intended by these two Royal Papers that Protestant Dissenters might safely rely upon or did the King act with that Sincerity which he would delude his People into a Belief of there would then be a greater Agreeableness than there is betwixt the Declaration for Liberty of Conscience in England and the Proclamation for a Toleration in Scotland The Principle his Majesty pretends to act from That Conscience ought not to be constrained and that none ought to be persecuted for mere matters of Religion would oblige him to act uniformly and with an equal extention of Favor to all his Subjects whose Principles are the same and against whom he hath no Exception but in matters merely Religious Whereas the Disparity of Grace Kindness and Freedom that is exercised in the Declaration from that which is exerted in the Proclamation plainly shews that the whole is but a Trick of State and done in Subserviency to an end which it is not yet seasonable to discover and avow For his circumscribing the Toleration in Scotland to such Presbyterians as he stiles Moderate is not only a taking it off from its true Bottom matters of mere Religion and a founding it upon an internal Quality of the mind that is not dissernable but it implies the reserving a Liberty to himself of withdrawing the Benefits of it from all Scots Dissenters through fastening upon them a contrary Character whensoever it shall be seasonable to revive Persecution And even as it is now exerted to these Moderate ones it is attended with Restrictions that his Indulgence in England is no ways clog'd with All that the Declaration requires from those that are indulged is That their Assemblies be peaceably openly and publickly held that all Persons be freely admitted to them that they signifie and make known to some Justice of the Peace what places they set apart for these uses and that nothing be preached or taught amongst them which may any ways tend to alionate the Hearts of the People from the King or his Government Whereas the Proclamation not only restrains the Meetings of the Scots Presbyterians to private Houses without allowing them either to build Meeting-Houses or to use Out-houses or Barns but it prohibits the hearing any Ministers save such as shall be willing to swear That they shall to the utmost of their power assist defend and maintain the King in the