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
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
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
of Justitiary before pronouncing sentence but without any answer or effect It was then commonly said that by the old Law and Custom the Court of Justitiary could no more in the case of Treason than of any other Crime proceed further against a Person not compearing and absent than to declare him Out-Law and Fugitive And that albeit it be singular in the case of Treason that the Trial may go on even to a final Sentence though the Party be absent yet such Trials were only proper to and always reserved for Parliaments And that so it had been constantly observed until after the Rebellion in the Year 1666 But there being several Persons notourly engaged in that Rebellion who had escaped and thereby withdrawn themselves from Justice it was thought that the want of a Parliament for the time ought not to afford them any immunity and therefore it was resolved by the Council with advice of the Lords of Session that the Court of Justitiary should summon and proceed to trial and sentence against these Absents whether they compeared or not and so it was done Only because the thing was new and indeed an innovation of the old Custom to make all sure in the first Parliament held thereafter in the Year 1669. it was thought fit to confirm these Proceedings of the Justitiary in that point and also to make a perpetual Statute that in case of open Rebellion and Rising in Arms against the King and Government the Treason in all time coming might by an Order from His Majesty's Council be tried and the Actors proceeded against by the Lords of Justitiary even to final sentence whether the Traytors compeared or not This being then the present Law and custom it is apparent in the first place that the Earl's Case not being that of an open Rebellion and Rising in Arms is not at all comprehended in the Act of Parliament So that it is without question that if in the beginning he had not entered himself Prisoner but absented himself the Lords of Justiciary could not have gone further than upon a citation to have declared him Fugitive But others said that the Earl having both entered himself Prisoner and compeared and after debate having been found guilty before he made his escape the case was much altered And whether the Court could notwithstanding of the Earl's intervening escape yet go on to sentence was still debatable for it was alledged for the affirmative that seeing the Earl had twice compeared and that after debate the Court had given judgment and the Assize returned their Verdict so that had nothing remained but the pronouncing of Sentence it was absurd to think that it should be in the power of the Party thus accused and found guilty by his escape to frustrate Justice and withdraw himself from the punishment he deserved But on the other hand it was pleaded for the Earl That first It was a fundamental Rule That until once the Cause were concluded no Sentence could be pronounced Next that it was a sure Maxim in Law that in Criminal Actions there neither is or can be any other conclusion of the cause than the Parties presence and silence So that after all that had past the Earl had still freedom to add what he thought fit in his own defence before pronouncing sentence and therefore the Lords of Justiciary could no more proceed to sentence against him being escaped than if he had been absent from the beginning the Cause being in both cases equally not concluded and the principle of Law uniformly the same viz. That in Criminals except in cases excepted no final sentence can be given in absence For as the Law in case of absence from the beginning doth hold that just temper as neither to suffer the Contumacious to go altogether unpunished nor on the other hand finally to condemn a party unheard And therefore doth only declare him Fugitive and there stops So in the case of an Escape before Sentence where it cannot be said the Party was fully heard and the Cause concluded the Law doth not distinguish nor can the parity of Reason be refused Admitting then that the Cause was so far advanced against the Earl that he was found guilty Yet 1. This is but a declaring of what the Law doth as plainly presume against the Party absent from the beginning and consequently of it self can operate no further 2dly The finding of a Party guilty is no conclusion of the Cause And 3dly As it was never seen nor heard that a Party was condemned in absence except in excepted Cases whereof the Earl's is none so he having escaped and the Cause remaining thereby unconcluded the general rule did still hold and no sentence could be given against him It was also remembred that the Dyets and days of the Justice Court are peremptour and that in that case even in Civil far more in Criminal Courts and Causes a Citation to hear Sentence is constantly required which induced some to think that at least the Earl should have been lawfully cited to hear Sentence before it could be pronounced But it is like this course as confessing a difficulty and occasioning too long a delay was therefore not made use of However upon the whole it was the general Opinion That seeing the denouncing the Earl Fugitive would have wrought much more in Law than all that was commonly said at first to be designed against him And that his Case did appear every way so favourable that impartial men still wondered how it came to be at all questioned It had been better to have sisted the Process with his Escape and taken the ordinary course of Law without making any more stretches But as I have told you when the Friday came the Lords of Justiciary without any respect or answer given to the Petition above-mentioned given in by the Countess of Argyle to the Court for a stop pronounced Sentence first in the Court and then caused publish the same with all solemnity at the Mercat-Cross at Edinburgh FOrasmuch as it is found by an Assize That Archibald Earl of Argyle is guilty and culpable of the Crimes of Treason Leasing-making and Leasing-telling for which he was detained within the Castle of Edinburgh out of which he has now since the said Verdict made his Escape Therefore the Lords Commissioners of Justiciary decern and adjudge the said Archibald Earl of Argyle to be execute to the death demained as a Traytor and to underly the pains of Treason and other punishments appointed by the Laws of this Kingdom when he shall be apprehended at such a time and place and in such manner as his Majesty in his Royal pleasure shall think fit to declare and appoint And his Name Memory and Honours to be extinct And his Arms to be riven forth and delete out of the Books of Arms swa that his Posterity may never have place nor be able hereafter to bruick or joyse any Honour Offices Titles or Dignities within this Realm in
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
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
him answered him presently after this manner If Peace were a Benefit which always did depend upon our own Choice and if War were not ordinarily speaking a Mischief as necessary as the other is the Question which we do treat of now might easily be resolved and would not require any longer Deliberation But it is not enough to conserve Peace to have a pacifick Spirit if our Neighbours likewise be not of the same Disposition towards it which in effect is to reckon without the Host by founding the hopes of our future Quiet barely on the Promises of our own Moderation since those which are the most in love with Peace are oftentimes involved in the opposite Agitation whether they will or no by some violent motion of Fortune and so frequently stumble upon War in the Flight which they make from it and thus suffocates the Peace by too much avoiding the War I do avow that the Reasons which were alledged before could not be answered if he who did so well deduce them were able to assure us upon good Grounds that in keeping our selves Neuters in this War of the Low Countreys we might be sheltered from the Storm of another War both in the present and future Tense of such Vicissitudes or peaceably and long enjoy so happy a Tranquility which makes him believe that we ought to despise for that Speculation all manner of useful Occasions which Fortune doth daily offer unto us But in truth my Lord would you venture to be caution thereupon to the State and pawn your Faith to the Kingdom and your Honour concerning the Event For my own part I hold you too wise and too quick-sighted to imagine meerly on the Presumption of unsolid Hopes that there can be the least shadow or colour of Safety remaining for us if one of these two Monarchies which are at this time Engaged in a War should fall under the absolute Power of the other or if they do re-unite again by an Agreement in which possibly as we have handled the matter we may very well not be comprehended In case you 'll avow this Truth which all the World knows to be so it follows that you must grant that all those inconveniences which were already alledged to keep us out of all kinds of Engagement are not longer valid when there is a indispensable necessity and the Welfare and the Safety of the State are at Stake I shall not enlarge my self hereon to represent unto you that our Predecessors ever held this to be a fundamental Maxime of their Conduct to hold the Balance equal between these two Great Monarchies and that on which side soever they turned the Scales Victory did usually follow that Counterpoise which never failed to put things into that just Temperament that preserves the Health of this Realm By which means in some sort they made themselves the Arbitrators of Christendom because by affording their Help unto one of the two Parties they became in effect Masters over them both by still keeping one of them at their Devotion and in our Dependency through the prospect of those Succours which they do continually need from hence and the other with the apprehension of this Assistance For thus the English what with the force of their Arms and the power of Arbitrating in Treaties have always been the Law-givers to the Success both of their Friends and their Enemies by holding within the palms of their hands the Results of War and Peace finding both in the one and the other those Advantages and Safeties which this Nation most desired But laying aside these old absolete Maxims from which notwithstanding wise men will not willingly depart without the pressure of some invincible Necessity to come to the Circumstances of the present time It is evident that the War of the Low Countries cannot possible terminate otherwise than by the Fall and Oppression of one of the two Parties or by an Accommodation made betwixt them If they do agree and that England hath no share in the Treaty who will assure us that they 'l not unite for our Ruine or at least France which cannot remain long without War will not turn their Arms against us But if Spain falls we shall then be like Dancers of the Ropes that have lost their Counterpoise and so are ready to tumble down every step they make What good opinion soever we have of France it cannot be denied notwithstanding that in this Case after the French have triumphed over Spain they will be Masters over our Fortune too and that our being thus must intirely depend upon their Moderation For Gentlemen do you think that we can take rest securely upon so weak a Foundation as the Giddiness of their Charity is since 't is certain that the most Christian King hath too much Ardour and Desire of Glory to dwell in Idleness at home after such a Conquest And therefore seeing his Dominions and Reputation notably increased he will form to himself new Idea's of enlarging the Bounds of his Empire both by Sea and Land according to the knowledge which we have of the divers Inclinations to his Court whereof some will put him on to become Master of the Commerce of Europe and employ those vast Treasures he hath heaped together in order to that Design this way others to engage him in the finishing of his Conquests over all the Low Countries and some likewise to begin by us to open the Path to the Subduing of all other States which may probably oppose this Design So that which Advice soever of these he doth embrace 't will be equally dangerous as to us here and perpetually oblige us to stand upon our Guard with the Burthen of a continued Expence on our backs as well as the Incommodities of a War though we seem to be in Peace with him On this Position then I say that the worst Party for England that can be taken whether by choice or necessity is that of sitting Neuters By uniting with Spain we do follow our ancient Maxim and Interest which hath ever been successful to this Nation which is to be still Masters of the Balance betwixt these two Monarchies as I urged before Should we therefore embrace the Party of France we may hope for a considerable portion in the Spoils of Spain And both in the one and the other case we shall find our Surety and other Advantages in the Treaties of Peace which shall be made But by remaining Neutral we must needs equally offend both and so cannot eschew being exposed friendless to the Resentments and the Ambition of the Conqueror as well as the Scorn and the Reproaches of all the rest of Christendom for having insipidly abandoned our proper Reason of State without being either good or wicked in a matter of such universal Concernment whereby the name of Englishmen will remain so much in the Oblivion of Europe that no body will scarce remember there is such a Nation in the World excepting only those who have
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
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
the strictest and severest Tryal To which Petition they never received any Answer To make appear to your Majesty that these things were done for private and finistrous Designs and not upon account of the ill effectedness or factious Dispositions of the Men as was pretended Your Majesty is humbly prayed to take notice of these Particulars following First There are three of the most considerable of these very Persons who had been charged with so great Crimes admitted since that time by bribing the Dutchess of Lauderdale into a Trust in your Majesty's Affairs in Scotland more eminent and considerable than any Trust the Town of Edenburgh can confer viz. The paying off your Majesty's Forces and bringing in your Majesty's Excise Secondly No sooner were these Twelve Men turned out of the Town-Council but after many great and essential Informalities with the recital of which it is needless to trouble your Majesty they elected for Magistrates Men of no Reputation either for Parts Estate or Honesty And though these Bonds and Securities which had been demanded from the others and consented to by them was formerly pretended to be of great importance for your Majesty's Service yet they were not so much as once demanded either by the Duke of Lauderdale or the Lord Hatton from these Men who were now chosen Thirdly These new Magistrates were not long in their Seats when off comes the Mask and the true design of getting Money appears For by an Act of the Town-Council there is about 5000 l. Sterlin disposed on amongst their nameless Friends which were the Duke of Lauderdale the Lord Hatton and some other of their Friends A great Sum to be got from that City considering that the Duke of Lauderdale had got before that about 12000 l. Sterlin from them The Dutchess of Lauderdale did also since that time endeavour to get more Money from them and did with great Wrath threaten the Magistrates in plain Terms for not giving her a Present notwithstanding all the Good she said she had done for them reckoning the Favours your Majesty hath at any time been pleased to bestow upon them as done by her self Thus hath that poor Town been abused and doth now lie having Magistrates without either Conduct or Courage in a time when the Disorders of that Nation doth require Persons to be imployed there of eminent Fidelity and Capacity to serve your Majesty His Majesty's Declaration for the Dissolution of his late Privy Council And for Constituting a New one made in the Council-Chamber at White Hall April the twentieth 1679. By His Majesty's Special Command My Lords HIS Majesty hath called you together at this time to communicate unto you a Resolution he hath taken in a matter of great Importance to his Crown and Government and which he hopes will prove of the greatest Satisfaction and Advantage to his Kingdoms in all Affairs hereafter both at Home and Abroad and therefore he doubts not of your Approbation however you may seem concerned in it In the first place His Majesty gives you all Thanks for your Service to him here and for all the good Advices you have given him which might have been more frequent if the great number of this Council had not made it unfit for the Secrecy and Dispatch that are necessary in many great Affairs This forced him to use a smaller number of your in a Foreign Committee and sometimes the Advices of some few among them upon such Occasions for many Years past He is sorry for the ill success he has found in this Course and sensible of the ill Posture of Affairs from that and some unhappy Accidents which have raised great Jealousies and Dissatisfaction among his good Subjects and thereby left the Crown and Government in a Condition too weak for those Dangers we have reason to fear both at home and abroad These his Majesty hopes may be yet prevented by a Course of wise and steady Counsels for the future and these Kingdoms grow again to make such a Figure as they have formerly done in the World and as they may always do if our Union and Conduct were equal to our Force To this end he hath resolved to lay aside the use he may have hitherto made of any single Ministry or private Advices or Foreign Committees for the general direction of his Affairs and to constitute such a Privy-Council as may not only by its number be fit for the Consultation and Digestion of all business both Domestick and Foreign but also by the Choice of them out of the several Parts this State is composed of may be the best informed in the true Constitutions of it and thereby the most able to counsel him in all the Affairs and Interests of this Crown and Nation And by the constant Advice of such a Council his Majesty is resolved hereafter to govern his Kingdoms together with the frequent use of his Great Council of Parliament which he takes to be the true ancient Constitution of this State and Government Now for the greater Dignity of this Council his Majesty resolves their constant number shall be limited to that of Thirty And for their greater Authority there shall be Fifteen of his chief Officers who shall be Privy Counsellors by their places And for the other Fifteen he will choose Ten out of the several Ranks of the Nobility and Five Commoners of the Realm whose known Abilities Interest and Esteem in the Nation shall render them without all suspicion of either mistaking or betraying the true Interests of the Kingdom and consequently of advising him ill In the first place therefore and to take care of the Church his Majesty will have the Archbishop of Canterbury and Bishop of London for the time being and to inform him well in what concerns the Laws the Lord Chancellor and one of the Lord Chief Justices For the Navy and Stores wherein consists the chief Strength and Safety of the Kingdom the Admiral and Master of the Ordnance for the Treasury the Treasurer and Chancellor of the Exchequer or whenever any of these Charges are in Commission then the first Commissioner to serve here in their room the rest of the Fifteen shall be the Lord Privy-Seal the Master of the Horse Lord Steward and Lord Chamberlain of his Houshold the Groom of the Stole and the two Secretaries of State And these shall be all the Offices of his Kingdom to which the Dignity of Privy-Counsellor shall be annexed The others his Majesty has resolved and hopes he has not chosen ill His Majesty intends besides to have such Princes of his Blood as he shall at any time call to this Board being here in Court A President of the Council whenever he shall find it necessary and the Secretary of Scotland when any such shall be here But these being uncertain he reckons not of the constant number of Thirty which shall never be exceeded To make way for this new Council his Majesty hath now resolved to Dissolve this old one
and does hereby Dissolve it and from this time excuses your farther attendance here but with his repeated Thanks for your Service hitherto and with the assurance of his Satisfaction in you so far that he should not have parted with you but to make way for this new Constitution which he takes to be as to the Number and Choice the most proper and necessary for the uses he intends them And as most of you have Offices in his Service and all of you particular Shares in his Favour and good Opinion so he desires you will continue to exercise and deserve them with the same Diligence and good Affections that you have hitherto done and with confidence of his Majesty's Kindness to you and of those Testimonies you shall receive of it upon other occasions Therefore upon the present Dissolution of this Council his Majesty appoints and commands all those Officers he hath named to attend him here to morrow at Nine in the Morning as his Privy-Council together with those other Persons he designs to make up the number and to each of whom he has already signed particular Letters to that purpose and commands the Lord Chancellor to see them issued out accordingly which is the Form he intends to use and that hereafter they shall be signed in Council so that nothing may be done unadvisedly in the Choice of any Person to a Charge of so great Dignity and Importance to the Kingdom Names of the Lords of His Majesty's most Honourable Privy-Council HIS Highness Prince Rupert William Lord Archbishop of Canterbury Heneage Lord Finch Lord Chancellor of England Anthony Earl of Shaftsbury Lord President of the Council Arthur Earl of Anglesey Lord Privy-Seal Christopher Duke of Albemarle James Duke of Monmouth Master of the Horse Henry Duke of Newcastle John Duke of Lauderdale Secretary of State for Scotland James Duke of Ormond Lord Steward of the Houshold Charles Lord Marquess of Winchester Henry Lord Marquess of Worcester Henry Earl of Arlington Lord Chamberlain of the Houshold James Earl of Salisbury John Earl of Bridgewater Robert Earl of Sunderland one of his Majesty's Principal Secretaries of State Arthur Earl of Essex first Lord Commissioner of the Treasury John Earl of Bath Groom of the Stole Thomas Lord Viscount Falconberg George Lord Viscount Hallifax Henry Lord Bishop of London John Lord Roberts Denzil Lord Holles William Lord Russel William Lord Cavendish Henry Coventry Esq one of his Majesty's Principal Secretaries of State Sir Francis North Knight Lord Chief Justice of the Common Pleas. Sir Henry Capell Knight of the Bath first Commissioner of the Admiralty Sir John Ernle Knight Chancellor of the Exchequer Sir Thomas Chicheley Knight Master of the Ordnance Sir William Temple Baronet Edward Seymour Esquire Henry Powle Esquire Whitehall April 11. 1679. HIS Majesty being this day in Council did cause such of the aforementioned Lords and others who were then present to be Sworn Privy-Counsellors which being done they took their places accordingly His Majesty was also pleased to declare that he intended to make Sir Henry Capell Knight of the Bath Daniel Finch Esquire Baronets Sir Thomas Lee Sir Humphrey Winch Sir Thomas Meers Edward Vaughan and Edward Hales Esquires Commmissioners for the Execution of the Office of Lord High Admiral of England And his Majesty being afterwards come into the House of Peers in his Royal Robes and the House of Commons attending his Majesty was pleased to make this Speech My Lords and Gentlemen I Thought it requisite to acquaint you with what I have done now this day which is That I have Established a new Privy-Council the Constant number of which shall never exceed Thirty I have made choice of such Persons as are Worthy and able to Advise Me and am Resolved in all My Weighty and Important Affairs next to the Advice of my Great Council in Parliament which I shall very often Consult with to be Advised by this Privy-Council I could not make so great a Change without acquainting both Houses of Parliament And I desire you all to apply your selves heartily as I shall do to those things which are necessary for the good and safety of the Kingdom and that no time may be lost in it The Message from the King by Mr. Secretary Jenkins to the Commons on the 9th of November 1680. CHARLES R. HIs Majesty desires this House as well for the satisfaction of His People as of Himself to expedite such Matters as are depending before them relating to Popery and the Plot and would have them rest assured That all Remedies they can tender to his Majesty conducing to those Ends shall be very acceptable to him Provided they be such as may consist with preserving the Succession of the Crown in its due and legal course of Descent The Address to his Majesty from the Commons Saturday November 13. 1680. May it please your most Excellent Majesty WE Your Majesty's most Loyal and Obedient Subjects the Commons in this Present Parliament assembled having taken into our most serious Consideration Your Majesty's Gracious Message brought unto us the ninth day of this instant November by Mr. Secretary Jenkins do with all thankfulness acknowledge Your Majesty's Care and Goodness in inviting us to expedite such Matters as are depending before us relating to Popery and the Plot. And we do in all Humility represent to Your Majesty that we are fully convinced that it is highly incumbent upon us in discharge both of our Duty to Your Majesty and of that great Trust reposed in us by those whom we represent to endeavour by the most speedy and effectual ways the Suppression of Popery within this Your Kingdom and the bringing to publick Justice all such as shall be found Guilty of the Horrid and Damnable Popish Plot. And though the Time of our Sitting abating what must necessarily be spent in the choosing and presenting a Speaker appointing Grand Committees and in taking the Oaths and Tests enjoyned by Act of Parliament hath not much exceeded a Fortnight yet we have in this Time not only made a considerable Progress in some things which to us seem and when presented to Your Majesty in a Parliamentary way will we trust appear to Your Majesty to be absolutely necessary for the Safety of Your Majesties Person the effectual Suppression of Popery and the Security of the Religion Lives and Estates of Your Majesties Protestant Subjects But even in relation to the Tryals of the Five Lords impeached in Parliament for the Execrable Popish Plot we have so far proceeded as we doubt not but in a short time we shall be ready for the same But we cannot without being unfaithful to Your Majesty and to our Country by whom we are entrusted omit upon this occasion humbly to inform Your Majesty that our Difficulties even as to these Tryals are much encreased by the evil and destructive Councels of those Persons who advised Your Majesty first to the Prorogation and then to the Dissolution of the last
is I shall only say As my Life hath most of it been spent in serving and suffering for his Majesty so whatever be the event of this Process I resolve while I breath to be loyal and faithful to His Majesty And whether I live publickly or in obscurity my head my heart nor my hand shall never be wanting where I can be useful to His Majesties Service And while I live and when I die I shall pray That God Almighty would bless His Majesty with a long happy and prosperous Reign and that the lineal legal successours of the Crown may continue Monarchs of all His Majesties Dominions and be Defenders of the True Primitive Christian Apostolick Catholick Protestant Religion while Sun and Moon endure God save the King The Kings own Letter to this Nobleman when he was Lord Lorn Collogne December 20. 1654. My Lord Lorn I Am very glad to hear from Middleton what affection and zeal you shew to my Service how constantly you adhere to him in all his distresses and what good Service you have performed upon the Rebels I assure you you shall find me very just and kind to you in rewarding what you have done and suffered for me and I hope you will have more Credit and Power with those of your Kindred and Dependants upon your Family to engage them with you for me than any body else can have to seduce them against me and I shall look upon all those who shall refuse to follow you as unworthy of any protection hereafter from me which you will let them know This honest Bearer M will inform you of my Condition and Purposes to whom you will give Credit and he will tell you That I am very much Your very affectionate Friend C. R. General Middleton's Order to the Earl of Argyle who was then Lord Lorn for capitulating with the English wherein he largely expresseth his Worth and Loyalty John Middleton Lieutenant General next and immediate under His Majesty and Commander in chief of all the Forces raised and to be raised within the Kingdom of Scotland SEeing the Lord Lorn hath given so singular proofs of clear and perfect Loyalty to the Kings Majesty and of pure and constant affection to the good of His Majesties Affairs is never hitherto to have any ways complyed with the Enemy and to have been principally instrumental in the enlivening of this late War and one of the chief and first movers in it and hath readily chearfully and gallantly engaged and resolutely and constantly continued active in it notwithstanding the many powerful disswasions discouragements and oppositions he hath met withal from divers hands and hath in the carrying on of the Service shewn such signal Fidelity Integrity Generosity Prudence Courage and Condect and such high Vertue Industry and Ability as are suitable to the Dignity of his Koble Family and the Trust His Majesty reposed in him and hath not only stood out against all temptations and enticements but hath most nobly crossed and repressed designs and attempts of deserting the Service and persisted loyally and firmly in it to the very last through excessive toil and many great difficulties misregarding all personal inconveniencies and chusing the loss of Friends Fortune and all private Concernments and to endure the utmost extremities rather than to swerve in the least from his Duty or taint his Reputation with the meanest shadow of disloyalty and dishonour I do therefore hereby testifie and declare That I am perfectly satisfied with his whole Deportments in relation to the Enemy and this late War and do highly approve them as being not only above all I can express of their worth but almost beyond all parallel And I do withal hereby both allow and most earnestly desire and wish him to lose no time in taking such course for his safety and preservation by Treaty and Agreement or Capitulation as he shall judg most fit and expedient for the good of his Person Family and Estate since inevitable and invincible necessity hath forced us to lay aside this War And I can now no other way express my respects to him nor contribute my endeavour to do him Honour and Service Intestimony whereof I have signed and sealed these Presents at Dunveagave the last day of March 1655. JOHN MIDDLETON Another Letter from the Earl of Middleton to the same purpose Paris April 17. 1655. My Noble Lord I Am hopeful that the Bearer of this Letter will be found one who has been a most faithful Servant to your Lordship and my kind Friend and a sharer in my Troubles Indeed I have been strengthned by him to support and overcome many difficulties He will acquaint you with what hath past which truly was strange to both of us but your own Re-encounters will lessen them My Lord I shall be faithful in giving you that Character which your Worth and Merit may justly challenge I profess it is next to the ruine of the Service one of my chiefest Regrets that I could not possibly wait upon you before my going from Scotland that I might have settled a way of Correspondence with you and that your Lordship might have understood me better than yet you do I should have been plain in every thing and indeed have made your Lordship my Confessor and I am hopeful the Bearer will say somewhat for me and I doubt not but your Lordship will trust him If it shall please God to bring me safe from beyond Sea your Lordship shall hear from me by a sure hand Sir Ro. M. will tell you a way of corresponding So that I shall say no more at present but that I am without possibility of change My Noble Lord Your Lordships most Faithful and most Humble Servant JO. MIDDLETON A Letter from the Earl of Glencairn testifying his esteem for this Noble Person and the sense he had of his loyalty to the King when few had the Courage to own him My Lord LEst it may be my misfortune in all these great Revolutions to be misrepresented to your Lordship as a person unworthy of your favourable Opinion an Artifice very frequent in these times I did take occasion to call for a Friend and Servant of yours the Laird of Spanie on whose discretion I did adventure to lay forth my hearts desire to obviate in the bud any of these misunderstandings Your Lordships true worth and zeal to your Countries happiness being so well known to me and confirmed by our late suffering acquaintance And now finding how much it may conduce to these great ends we all with that a perfect Unity may be amongst all good and honest-hearted Scotchmen tho there be few more insignificant than my self yet my zeal for those ends obliges me to say that if your Lordships health and affairs could have permitted you to have been at Edenburgh in these late times you would have seen a great inclination and desire amongst all here of a perfect Unity and of a mutual respect to your Person as of chief
some instance of Our Favour and to remember the many Services he had done and the Sufferings he had undergone for his Affections and Fidelity to Our Royal Father and Our self and that it was time to redeem him from those Calamities which yet do lie as heavy upon him since as before Our happy Return And thereupon We recommend him to You Our Lieutenant that you should move Our Council there for preparing a Bill to be transmitted to Us for the Re-investing him the said Marquess into the possession of his Estate into that Our Kingdom as had been done in some other Cases To which Letter you Our said Lieutenant returned us answer That you had informed Our Council of that Our Letter and that you were upon consideration thereof unanimously of Opinion that such a Bill ought not to be transmitted to Us the Reason whereof would forthwith be presented to Us from our Council After which time We received the inclosed Petition from the said Marquess which We referred to the considerations and examinations of the Lords of Our Privy Council whose Names are mentioned in that Our Reference which is annexed to the said Petition who thereupon met together and after having heard the Marquess of Antrim did not think fit to make any Report to Us till they might see and understand the Reasons which induced you not to transmit the Bill We had proposed which Letter was not then come to Our Hands After which time We have received your Letter of the 18th of March together with several Petitions which had been presented to you as well from the Old Soldiers and Adventurers as from the Lady Marchioness of Antrim all which We likewise transmitted to the Lords Referees Upon a second Petition presented to Us by the Lord Marquess which is here likewise enclosed commanding Our said Referees to take the same into their serious consideration and to hear what the Petitioner had to offer in his own Vindication and to report the whole matter to Us which upon a third Petition herein likewise inclosed We required them to expedite with what speed they could By which deliberate Proceedings of ours you cannot but observe that no importunity how just soever could prevail with Us to bring Our Self to a Judgment in this Affair without very ample Information Our said Referees after several Meetings and perusal of what hath been offered to them by the said Marquess have reported unto Us That they have seen several Letters all of them the hand-writing of Our Royal Father to the said Marquess ☞ and several Instructions concerning his treating and joining with the Irish in order to the King's Service by reducing to their Obedience and by drawing some Forces from them for the Service of Scotland That besides the Letters and Orders under His Majesty's Hand they have received sufficient Evidence and Testimony of several private Messages and Directions sent from Our Royal Father and from Our Royal Mother with the privity and with the Directions of the King Our Father by which they are persuaded that whatever Intelligence Correspondence or Actings the said Marquess had with the Confederate Irish Catholicks was directed or allowed by the said Letters Instructions and Directions and that it manifestly appears to them that the King Our Father was well pleased with what the Marquess did ☞ after he had done it and approved the same This being the true state of the Marquess his Case and there being nothing proved upon the first Information against him nor any thing contained against him in your Letter of March 18. but that you were informed he had put in his Claim before the Commissioners appointed for executing the Act of Settlement and that if his Innocency be such as is alledged there is no need of transmitting such a Bill to us as is desired and that if he be Nocent it consists not with the Duty which you owe to Us to transmit such a Bill as if it should pass into a Law must needs draw a great prejudice upon so many Adventurers and Soldiers which are as is alledged to be therein concerned We have considered of the Petition of the Adventurers and Soldiers which was transmitted to Us by you the Equity of which consists in nothing but that they have been peaceably in possession for the space of seven or eight years of those Lands which were formerly the Estate of the Marquess of Antrim and others who were all engaged in the late Irish Rebellion and that they shall suffer very much and be ruined if those Lands should be taken from them And We have likewise considered another Petition from several Citizens of London near sixty in number directed to our Self wherein they desire That the Marquess his Estate may be made liable to the payment of his just Debts that so they may not be ruined in the favour of the present Possessors who they say are but a few Citizens and Soldiers who have disbursed very small Sums thereon Upon the whole matter no man can think We are less engaged by Our Declaration and by the Act of Settlement to protect those who are Innocent and who have faithfully endeavoured to serve the Crown how unfortunate soever than to expose to Justice those who have been really and maliciously guilty And therefore we cannot in Justice but upon the Petition of the Marquess of Antrim and after the serious and strict Inquisition into his Actions declare unto you That We do find him Innocent from any malice or rebellious Purpose against the Crown and that what he did by way of Correspondence or Compliance with the Irish Rebels was in order to the Service of Our Royal Father and warranted by his Instructions and the Trust reposed in him and that the benefit thereof accrued to the Service of the Crown and not to the particular advantage and benefit of the Marquess And as we cannot in justice deny him this Testimony so We require You to transmit Our Letter to Our Commissioners that they may know our Judgment in this Case of the Lord of Antrim's and proceeded accordingly And so we bid you heartily farewel Given at our Court at White-Hall July 10. in the 15th Year of Our Reign 1683. By His Majesty's Command HENRY BENNET Entred at the Signet-Office July 13. 1663. To Our Right Trusty and Right entirely Well-beloved Cousin and Counsellor James Duke of Ormond Our Lieutenant-General and General Governour of Our Kingdom of Ireland and to the Lords of Our Council of that Our Kingdom Vox Populi Or The Peoples Claim to their Parliament's Sitting to Redress Grievances and to provide for the Common Safety by the known Laws and Constitutions of the Nation SInce the wonderful Discovery and undeniable Confirmation of that horrid Popish Plot which designed so much ruine and mischief to these Nations in all things both Civil and Sacred and the unanimous Sense and Censure of so many Parliaments upon it together with so many publick Acts of Justice upon so many
called The Publick Occurrences which came out to day and cannot but set you right as to his News about the Reading of the Declaration on Sunday He tells you That several Divines of the Church of England in and about this City eminent for their Piety and Moderation did yesterday Read his Majesties late Declaration in their Churches according to the Order in that behalf but some to the great surprize of their Parishoners were pleased to decline it You in the Country are from this Account to believe that it was Read here by the generality of the Clergie and by the eminent Men among them But I can and do assure you that this is one of the most impudent Lyes that ever was Printed For as to this City which hath above a Hundred Parishes in it it was Read only in Four or Five Churches all the rest and best of the Clergy refusing it every where I will spare their Names who read it but should I mention them it would make you who knows this City a little heartily to deride H. C's Account of them And for the Surprize he talks of the contrary of it is so true that in Woodstreet where it was read by one Dr. M. the People generally went out of the Church This I tell you that you may be provided for the future against such an Impudent Lyar who for Bread 〈…〉 and put about the Nation the falfest of things I am Yours AN ANSWER To the City Minister's LETTER from his Country Friend SIR IT is not for me now to acknowledge my private Debt to you for the favour of your Letter since the publick is as much concern'd in it as I and if I may judge of all by the compass of my Neighbourhood and Acquaintance I may assure you they are not insensible of your Obligation though they are ignorant of the Author The Country as far as my Intelligence reaches has followed the Example of the City and refused to read the Declaration of Indulgence according to a certain Order said to be the Kings which we in the Country can scarce believe to be His. For it has neither been signified to the Ordinaries according to the usual manner nor could those that dispersed it give any Account whence it came to them I have heard indeed that an Act of Council concerning it has been published in the Gazette which I never saw and if I had I should scarce have thought Authentick For I always took that Paper as for its Authority to have been all of a piece and that we were no more bound to take notice of any Order published there under any penalty than we are to believe all the News from Poland or Constantinople Nay though this Order had come to us in due form yet had we had great reason to suspect something of surreption and surprize upon his Majesty in this matter and that it could not proceed from his Majesty's free and full consent for we cannot yet forget his repeated professions of kindness to us and of satisfaction in our Principles and Duty and having done nothing since which might forfeit his goed Opinion we are unwilling to believe that it is His Majesties own mind and pleasure to loud us with such an Order as we cannot execute with any congruity safety or good Conscience I. As to his Majesties Declaration We of all his Majesties Subjects are the least concern'd in it and with all duty be it spoken we cannot see that our legal Establishment receives any Addition by this Declaration For there are yet thanks be to God no Penal Laws to which our Congregations are obnoxious and therefore we do not stand in need of any Toleration Yet it is upon us only that the Reading of it is imposed An Act which cannot well be construed otherwise than as a soliciting and tempting our own people to forsake our Communion If this Declaration must needs be read in any Religious Assemblies ' in reason surely it should be in those who wholly owe their substance to it It would better have become the Roman than the Protestan Chappels But in the Koman Church Indulgence hath another signification and belongs to those only that frequent their Churches but not to such as leave them for with them this is the only sin that is not capable of Indulgence But the Priests desire to be excus'd lest while they proclaim Toleration to others they bring an Interdict upon themselves Or why I pray was not Father Pen Ordered to publish it in his Meetings Or the worthy Mr. Lob the reputed Father of this Project why had not he the benefit of his own Invention and a Patent for being the sole Publisher of it within his own Pound Or why was not my Lord Mayor's private and elect Congregation thought worthy of so great a grace Surely it is not to draw upon us the envy of the Distenters that the honour of publishing this Declaration is impos'd upon us alone when it belongs to all other Communions in the Kingdom except our own And it we refuse it I hope it will be imputed to our Modesty for we are not ambitious of being impertinent or busie bodies in other mens matters A certain person much greaten than he deserves but perhaps not so high is said to have used the Words of Rabshaketh upon this occasion That the Church of England Clergy should eat their own Dung Isa 36.12 This sentence might better have become a Messenger of the King of Affyria than a pretended Counsellour of our own Prince though some make a question to which King he belongs But God be thanked we are not yet so straitly besieg'd as to be reduc'd to that extremity and though by the permission of God We should be reduc'd to so miserable a Condition We should I hope by the Grace of God be content to endure that and worse extremities if possible rather than Betray or Surrender the City of God But before that comes it is possible that the Throat that belch'd out this Nasty Insolence may be stopp'd with something which it cannot swallow II. Besides there are some passages in the Declaration which in Conscience we cannot read to our People though it be in the King's Name for among others we are to Read these Words We cannot but heartily wish as will easily be believed that all the People of our Dominions were Members of the Catholick Church Our People know too well the English of this and could not but be strangely surpriz'd to hear us tell them that it would be an acceptable thing to the King that they should leave the Truth and our Communion and turn Papists The Wish of a King when solemnly Declared is no light insignificant thing but has real influence and effect upon the minds of Men. It was but a Wish of Henry the Second that cut off F. Becket then Archbishop of Canterbury Councils and Courts of Justice too often bend to a King's Wishes though against their own
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
it hath been to cut the Tacklings and to steer contrary to the Pilot's Directions he thinks such safer by far shut up under Hatches then set at Liberty or employ'd to do mischief As for his supposition of 30000 men to be sent out of Ireland into Handers I cannot tell what to make on 't Let them crack the Shell that hope to find the Kernel in it For my part I despair though the readiness of the English Souldiers of Ireland who at twenty four hours warning came into England to serve His Majesty in the time of Monmouth's Rebellion ought to have been remembered to their advantage and might serve to any unprejudic'd person as a Pattern of the Loyalty and good Inclinations of all the Protestants in that Kingdom if his Majesty had had occasion for them VVhether the Parliament will Repeal the Test for those several weighty Reasons our Author says are fitter for contemplation than Discourse tho methinks it would be pleasant to see a House of Common sit like the Brethren at a silent Meeting is not my Province to determine As likewise VVhether they will so much consider that Grand Reason the King will have it so for his Conscience and theirs may differ or what the diffenters will do I cannot tell One thing I am sure of there will be no such Stumbling-block in the way of the King's desires when they meet as the present condition of Ireland they will be apt when His Majesty tells them they shall have their equal shares in Employments when they have Repealed the Laws to say Look at Ireland see what is done there where the Spirit of Religion appears bare fac'd and accordingly compute what may become of us when we have removed our own legal Fences since they now leap over those Hedges what may we expect when they are quite taken away Poyning's Law is a great grievance to our Author and here in one word he discovers that 't is the dependance this Kingdom has on England he quarrels at 'T is fit the Reader should understand that Law enacted when Poynings was Lord Deputy makes all the English Acts of Parliament of force in Ireland we are therefore so fond of that Law and cover so much to preserve our dependance on England that all the Arguments our Author can bring shall not induce us to part with it I will not reflect in the least on the Courage of the Irish I know there are several brave men among them but they have had the misfortune to fall under the Consideration of as our Author softens it but the plain sence is been beaten by a warlike Nation And I question not unless they behave themselves modestly in their Prosperity they will again fall under the Consideration of the same Nation 't is better we should live in peace and quietness but the Choice is in their hands and if they had rather come under our consideration again than avoid it let them look to the Consequence Another advantage which may accrue to Ireland by a Native as a Governour our Author reckons to be His personal knowledge of the Tories and their Harbourers and his being thereby better capacitated to suppress them Malicious People would be apt to infer from this Suggestion that his Excellency had occasion formerly to be familiarly acquainted with such sort of Cattle I have heard indeed that one of our bravest English Princes Henry the during the Extravagancies of his youth kept Company with publick Robbers and often shar'd both in the Danger and Booty But as soon as the Death of his Father made way for his Succession to the Crown he made use of his former acquaintance of their Persons and Haunts to the extirpating and dissolving the greatest knot of Highway-men that ever troubled England My Lord therefore in imitation of this great Prince no doubt will make use of his Experience that way to the same end And I readily assent to the Author that no English Governour can be so fit to clear that Kingdom of Tories and that for the same reason he gives us There are two other Advantages remaining one is his Excellency's having already made different Parties in that Kingdom the Objects of his Love and Hatred let the Offences of the one or the Merits of the other be never so conspicuous Whether the Brittish can draw any comfort from his Excellency's knowledge of them this way is fit to be debated The other is the probality of his getting the Statute for benefit of Clergy in favour of Cow-Stealers and House Robbers Repealed and where by the way there is a severe Rebuke given to our English Priests for their ill-placed Mercy to Irish Offenders A fault I hope they will be no more guilty of Whether these Advantages be so considerable as to move his Majesty to continue a Man for other more weighty Reasons absolutely destructive to this Kingdom or whether some of them might not be performed by an English Governour His Majesty is the only Judge Only this I am sure of The King if he were under any Obligations to His Minister has fully discharged them all and has shewed himself to be the best of Masters in giving so great and honourable an Employment to his Creature and continuing him in it so long notwithstanding the decrease of his own Revenue and the other visible bad effects of his Management the Impoverishment of that Kingdom amounting to at least two Millions of Mony And His Majesty may be now at liberty without the least imputation of Breach of promise to his Servant to restore us to our former flourishing condition by sending some English Nobleman among us whose contrary Methods will no doubt produce different effects To conclude methinks the comparison between His Majesty and Philip of Macedon when he was drunk is a little too familiar not to say unmannerly and that between Antipater and my Lord Tyrconnel is as great a Complement to the latter But provided my Lord be commended which was our Author's chief design he cares not tho' the comparison does not hold good in all points 't is enough that we know we are Govern'd by such a Prince that neither practises such Debauches himself nor allows of them in his Servants But we are not beholding to the Author for the knowledge of this should a Foreigner read his Pamphler or get it interpreted to him he would be apt and with reason to conclude that His Majesty as much resembled Philip in a Debauch as my Lord Tyrconnel doth sober Antipater I have now done with all that seems of any weight in our Author's Pamphlet and can see nething in his Postscript that deserves an Answer All that I will say is That his Recipes bear no proportion to our desperate Disease and he will prove not to be a Physitian but a pretending Quack who by ill applied Medicines will leave us in a worse Condition than he found us I shall conclude with telling you That your Letter which enclosed
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
for we assure our selves that no rational and unbyassed Person will judge it Rebellion to defend our Laws and Religion which all our Princes have sworn at their Coronations Which Oath how well it hath been observed of late we desire a Free Parliament may have the Consideration of We own it Rebellion to resist a King that governs by Law but he was always accounted a Tyrant that made his Will his Law and to resist such an one we justly esteem no Rebellion but a necessary Defence And in this Consideration we doubt not of all Honest Mens Assistance and humbly hope for and implore the great Gods Protection that turneth the Hearts of People as pleaseth him best it having been observed That People can never be of one Mind without his Inspiration which hath in all Ages confirmed that Observation Vox Populi est Vox Dei The present restoring of Charters and reversing the oppressing and unjust Judgment given on Magdalen Colledg Fellows is plain are but to still the People like Plums to Children by deceiving them for a while but if they shall by this Stratagem be fooled till this present Storm that threatens the Papists be past as soon as they shall be resetled the former Oppression will be put on with greater vigour But we hope in vain is the Net spread in the sight of the Birds For 1. the Papists old Rule is That Faith is not to be kept with Hereticks as they term Protestants tho the Popish Religion is the greatest Heresie And 2. Queen Mary's so ill observing her Promises to the Suffolk-men that help'd her to the Throne And above all 3. the Popes dispensing with the breach of Oaths Treaties or Promises at his pleasure when it makes for the service of Holy Church as they term it These we say are such convincing Reasons to hinder us from giving Credit to the aforesaid Mock-Shews of Redress that we think our selves bound in Conscience to rest on no Security that shall not be approved by a Freely Elected Parliament to whom under God we refer our Cause His Grace the Duke of Norfolk 's Speech to the Mayor of Norwich on the First of December in the Market-place of Norwich Mr. Mayor NOT doubting but you and the rest of your Body as well as the whole City and Country may be Alarmed by the great Concourse of Gentry with the numerous Appearance of their Friends and Servants as well as of your own Militia here this Morning I have thought this the most proper place as being the most publick one to give you an Account of our Intentions Out of the deep sense we had that in the present unhappy Juncture of Affairs nothing we could think of was possible to secure the Laws Liberties and Protestant Religion but a Free Parliament WE ARE HERE MET TO DECLARE That we will do our utmost to defend the same by declaring for such a Free Parliament And since His Majesty hath been pleased by the News we hear this day to order Writs for a Parliament to sit the Fifteenth of January next I can only add in the name of my Self and all these Gentlemen and others here met That we will ever be ready to support and defend the Laws Liberties and Protestant Religion And so GOD SAVE THE KING To this the Mayor Aldermen and the rest of the Corporation and a numerous Assembly did concur with his Grace and the rest of the Gentry His Grace at his lighting from his Horse perceiving great numbers of Common People gathering together called them to him and told them He desired they would not take any occasion to commit any Disorder or Outrage but go quietly to their Homes and acquainted them that the King had ordered a Free Parliament to be called The Speech of the Prince of Orange to some Principal Gentlemen of Somersetshire and Dorsetshire on their coming to joyn his Highness at Exeter the 15th of Nov. 1688. THO we know not all your Persons yet we have a Catalogue of your Names and remember the Character of your Worth and Interest in your Country You see we are come according to your Invitation and our Promise Our Duty to God obliges us to protect the Protestant Religion and our Love to Mankind your Liberties and Properties We expected you that dwelt so near the place of our Landing would have joyn'd us sooner not that it is now too late nor that we want your Military Assistance so much as your Countenance and Presence to justifie our declar'd Pretensions rather than accomplish our good and gracious Designs Tho we have brought both a good Fleet and a good Army to render these Kingdoms happy by rescuing all Protestants from Popery Slavery and Arbitrary Power by restoring them to their Rights and Properties established by Law and by promoting of Peace and Trade which is the Soul of Government and the very Life-Blood of a Nation yet we rely more on the goodness of God and the Justice of our Cause than on any Humane Force and Power whatever Yet since God is pleased we shall make use of Human Means and not expect Miracles for our Preservation and Happiness let us not neglect making use of this gracious Opportunity but with Prudence and Courage put in Execution our so honourable Purposes Therefore Gentlemen Friends and Fellow-Protestants we bid you and all your Followers most heartily Welcom to our Court and Camp Let the whole World now judg if our Pretensions are not Just Generous Sincere and above Price since we might have even a Bridge of Gold to return back But it is our Principle and Resolution rather to die in a good Cause than live in a bad One well knowing that Vertue and True Honour is its own Reward and the Happiness of Mankind Our Great and Only Design The true Copy of a Paper delivered by the Lord Devonshire to the Mayor of Darby where he quarter'd the one and twentieth of November 1688. WE the Nobility and Gentry of the Northern parts of England being deeply sensible of the Calamities that threaten these Kingdoms do think it our Duty as Christians and good Subjects to endeavour what in us lies the Healing of our present Distractions and preventing greater And as with grief we apprehend the said Consequences that may arise from the Landing of an Army in this Kingdom from Foreign parts So we cannot but deplore the Occasion given for it by so many Invasions made of late Years on our Religion and Laws And whereas we cannot think of any other Expedient to compose our Differences and prevent Effusion of Blood than that which procured a Settlement in these Kingdoms after the late Civil Wars the Meeting and Sitting of a Parliament freely and duly Chosen we think our selves obliged as far as in us lies to promote it And the rather because the Prince of Orange as appears by his Declaration is willing to submit his own Pretensions and all other Matters to their Determination We heartily Wish and
our just and due Acknowledgments for the happy Relief You have brought to us and that we may not be wanting in this present Conjuncture we have put our selves into such a Posture that by the Blessing of God we may be capable to prevent all ill Designs and to preserve this City in Peace and Safety till your Highness's Happy Arrival We therefore humbly desire that your Highness will please to repair to this City with what convenient speed you can for the perfecting the great Work which Your Highness has so happily begun to the general Joy and Satisfaction of us all December the 17th 1688. THE said Committee this day made Report to the Lieutenancy that they had presented the said Address to the Prince of Orange and that His Highness received them very kindly December the 17th 1688. By the Lieutenancy Ordered That the said Order and Address be forwith Printed Geo. Evans To his Highness the Prince of Orange The Humble Address of the Lord Mayor Aldermen and Commons of the City of London in Common Council assembled May it please Your Highness WE taking into Consideration your Highness's fervent Zeal for the Protestant Religion manifested to the World in your many and hazardous Enterprizes which it hath pleased Almighty God to bless You with miraculous Success We render our deepest Thanks to the Divine Majesty for the same And beg leave to present our most humble Thanks to your Highness particularly for your appearing in Arms in this Kingdom to carry on and perfect your glorious Design to rescue England Scotland and Ireland from Slavery and Popery and in a Free Parliament to establish the Religion the Laws and the Liberties of these Kingdoms upon a sure and lasting Foundation We have hitherto look'd for some Remedy for these Oppressions and Imminent Dangers We together with our Protestant Fellow-Subjects laboured under from His Majesty's Concessions and Concurrences with Your Highness's Just and Pious purposes expressed in Your gracious Declaration But herein finding Our Selves finally disappointed by his Majesty's withdrawing Himself We presume to make Your Highness Our Refuge And do in the Name of this Capital CITY implore Your Highness's Protection and most humbly beseech Your Highness to vouchsafe to repair to this CITY where Your Highness will be received with Universal Joy and Satisfaction The Speech of Sir George Treby Kt. Recorder of the Honourable City of London to his Highness the Prince of Orange Dec. 20. 1688. May it please your Highness THE Lord Mayor being disabled by Sickness your Highness is attended by the Aldermen and Commons of the Capital City of this Kingdom deputed to Congratulate your Highness upon this great and glorious Occasion In which labouring for Words we cannot but come short in Expression Reviewing our late Danger we remember our Church and State over-run by Popery and Arbitrary Power and brought to the Point of Destruction by the Conduct of Men that were our true Invaders that brake the Sacred Fences of our Laws and which was worst the very Constitution of our Legislature So that there was no Remedy left but the Last The only Person under Heaven that could apply this Remedy was Your Highness You are of a Nation whose Alliances in all Times has been agreeable and prosperous to us You are of a Family most Illustrious Benefactors to Mankind To have the Title of Soveraign Prince Stadtholder and to have worn the Imperial Crown are among their lesser Dignities They have long enjoyed a Dignity singular and transcendent viz. To be Champions of Almighty God sent forth in several Ages to vindicate his Cause against the greatest Oppressions To this Divine Commission our Nobles our Gentry and among them our brave English Soldiers rendred themselves and their Arms upon your appearing GREAT SIR When we look back to the last Month and contemplate the Swiftness and Fulness of our present Deliverance astonish'd we think it miraculous Your Highness led by the Hand of Heaven and called by the Voice of the People has preserved our dearest Interests The Protestant Religion which is Primitive Christianity restor'd Our Laws which are our ancient Title to our Lives Liberties and Estates and without which this World were a Wilderness But what Retribution can We make to your Highness Our Thoughts are full-charged with Gratitude Your Highness has a lasting Monument in the Hearts in the Prayers in the Praises of all good Men among us And late Posterity will celebrate your ever-glorious Name till Time shall be no more Chapman Mayor Cur ' special ' tent ' die Jovis xx die Decemb ' 1688. Annoque RR. Jacobi Secundi Angl ' c. quarto THIS Court doth desire Mr. Recorder to print his Speech this day made to the Prince of Orange at the time of this Court 's attending his Highness with the Deputies of the several Wards and other Members of the Common Council Wagstaffe His Highness the Prince of Orange's Speech to the Scots Lords and Gentlemen With their Advice and his Highness's Answer With a true Account of what past at their Meeting in the Council-Chamber at Whitehall January 7th 168â— His Highness the Prince of Orange having caused Advertise such of the Scots Lords and Gentlemen as were in Town met them in a Room at St. James's upon Monday the Seventh of January at Three of the Clock in the Afternoon and had this Speech to them My Lords and Gentlemen THE only Reason that induced me to undergo so great an Vndertaking was That I saw the Laws and Liberties of these Kingdoms overturned and the Protestant Religion in Imminent Danger And seeing you are here so many Noblemen and Gentlemen I have called you together that I may have your Advice what is to be done for Securing the Protestant Religion and Restoring your Laws and Liberties according to my Declaration As soon as his Highness had retired the Lords and Gentlemen went to the Council-Chamber at Whitehall and having chosen the Duke of Hamilton their President they fell a consulting what Advice was fit to be given to his Highness in this Conjuncture And after some hours Reasoning they agreed upon the Materials of it and appointed the Clerks with such as were to assist them to draw up in Writing what the Meeting thought expedient to advise his Highness and to bring it in to the Meeting the next in the Afternoon Tuesday the Eighth Instant the Writing was presented in the Meeting And some time being spent in Reasoning about the fittest way of Coveening a General Meeting of the Estates of Scotland At last the Meeting came to agree in their Opinion and appointed the Advice to be writ clean over according to the Amendments But as they were about to part for that Dyet the Earl of Arran proposed to them as his Lordship's Advice that they should move the Prince of Orange to desire the King to return and call a Free Parliament which would be the best way to secure the Protestant Religion and Property and to
heal all Breaches This Proposal seemed to dissatisfie the whole Meeting and the Duke of Hamilton their President Father to the Earl but they presently parted Wednesday the Ninth of January they met at three of the Clock in the same Room and Sir Patrick Hume took notice of the Proposal made by the Earl of Arran and desired to know if there was any there that would second it But none appearing to do it he said That what the Earl had proposed was evidently opposite and inimicous to his Highness the Prince of Orange's Undertaking his Declaration and the good Intentions of preserving the Protestant Religion and of Restoring their Laws and Liberties exprest in it and further desired that the Meeting should declare this to be their Opinion of it The Lord Cardross seconded Sir Patrick's Motion It was answered by the Duke of Hamilton President of the Meeting That their Business was to prepare an Advice to be offered to the Prince and the Advice being now ready to go to the Vote there was no need that the Meeting should give their Sense of the Earl's Proposal which neither before nor after Sir Patrick's Motion any had pretended to own or second so that it was fallen and out of doors and that the Vote of the Meeting upon the Advice brought in by their Order would sufficiently declare their Opinion This being seconded by the Earl of Sutherland the Lord Cardross and Sir Patrick did acquiesce in it and the Meeting Voted unanimously the Advice following To His Highness the Prince of Orange WE the Lords and Gentlemen of the Kingdom of Scotland Assembled at your Highness's desire in this Extraordinary Conjunction do give your Highness our Humble and Hearty Thanks for your Pious and Generous Undertaking for Preserving of the Protestant Religion and Restoring the Laws and Liberties of these Kingdoms In order to the Attaining these Ends our humble Advice and Desire is That your Highness take upon You the Administration of all Affairs both Civil and Military the Disposal of the Publick Revenues and Fortresses of the Kingdom of Scotland and the doing every Thing that is necessary for the Preservation of the Peace of the Kingdom until a general Meeting of the States of the Nation which we humbly desire your Highness to Call to be holden at Edinburgh the Fourteenth day of March next by your Letters or Proclamation to be published at the Market-Cross of Edingburgh and other Head-Boroughs of the several Shires and Stewartries as sufficient Intimation to All concerned and according to the Custom of the Kingdom And that the Publication of these your Letters or Proclamation be by the Sheriffs or Stewart Clerks for the Free-holders who have the value of Lands holden according to Law for making Elections and by the Town-Clerks of the several Burroughs for the meeting of the whole Burgesses of the respective Royal Burroughs to make their Elections at least Fifteen Days before the Meeting of the Estates at Edingburgh and the Respective Clerks to make Intimation thereof at least Ten Days before the Meetings for Elections And that the whole Electors and Members of the said Meeting at Edingburgh qualified as above Exprest be Protestants without any other Exception or Limitation whatsoever to Deliberate and Resolve what is to be done for securing the Protestant Religion and Restoring the Laws and Liberties of the Kingdom according to your Highness's Declaration Dated at the Council-Chamber in White hall the Tenth Day of January 1689. This Address being Subscribed by Thirty Lords and about Eighty Gentlemen was presented in their presence at St. James's by the Duke of Hamilton their President to his Highness the Prince of Orange who thanked them for the Trust they reposed in him and desired time to consider upon so weighty an Affair Upon the Fourteenth of January his Highness the Prince of Orange met again with the Scots Lords and Gentlemen at St. James's And spoke to them as follows My Lords and Gentlemen IN persuance of your Advice I will until the Meeting of the States in March next give such Orders concerning the Affairs of Scotland as are necessary for the Calling of the said Meeting for the preserving of the peace the applying of the publick Revenue to the most pressing Vses and putting the Fortresses in the Hands of persons in whom the Nation can have a just Confidence And I do further assure you That you will always find me ready to concur with you in every Thing that may be found necessary for Securing the Protestant Religion and Restoring the Laws and Liberties of the Nation The Earl of Crawfourd desired of his Highness That himself the Earl of Louthian and others come to Town since the Address was presented might have an opportunity to Subscribe it which was accordingly done His Highness Retired and all shewed great Satisfaction with his Answer The Emperor of Germany 's Account of K. James 's Misgovernment in joyning with the King of France the Common Enemy of Christendom in his Letter to King James viz. LEOPOLD c. WE have received your Majesties Letters dated from St. Germans the sixth of February last by the Earl of Carlingford your Envoy in our Court By them we have understood the Condition your Majesty is reduced to and that you being deserted after the Landing of the Prince of Orange by your Army and even by your Domestick Servants and by those you most consided in and almost by all your Subjects you have been forced by a sudden Flight to provide for your own Safety and to seek Shelter and Protection in France Lastly that you desire Assistance from us for the recovering your Kingdoms We do assure your Majesty that as soon as we heard of this severe turn of Affairs we were moved at it not only with the common sense of Humanity but with much deeper Impressions suitable to the sincere Affection which we have always born to you And we were heartily sorry that at last that was come to pass which tho we hoped for better things yet our own sad thoughts had suggested to us would ensue If your Majesty had rather given Credit to the Friendly Remonstrances that were made you by our late Envoy the Count de Kaunitz in our Name than the deceitful Insinuations of the French whose chief aim was by fomenting continual Divisions between you and your People to gain thereby an Opportunity to insult the more securely over the rest of Christendom And if your Majesty had put a stop by your Force and Authority to their many Infractions of the Peace of which by the Treaty at Nimegen you are made the Guarantee and to that end entred into Consultations with us and such others as have the like just Sentiments in this matter We are verily persuaded that by this means you should have in a great measure quieted the Minds of your People which were so much exasperated through their aversion to our Religion and the publick Peace had been preserved as well
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
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
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
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