against the Incroachments of Arbitrary Power In pursuance of which Great and Good Ends we shall always be ready as we are obliged to adhere to you our Honoured Representatives with the utmost hazard of our Persons and Estates City of Chichester the same Day After the Unanimous Choice of John Braman and Richard Farington Esquires who serv'd for that City in the late Parliament they had the Sence of that Eminent City delivered to them by a Worthy Person in the Name and by the Consent of the rest in the following Speech Gentlemen THe Faithful discharge of the like high Trust we formerly gave you is the true Inducement of our chusing you again And as we heartily thank you for your past worthy Behaviour in Parliament and in a particular manner for your being for the Bill of Exclusion for the Bill of Uniting all His Majesty's Subjects for Vindicating our almost lost Right of Petitioning for frequent Parliaments and for your endeavour to call those wretched Pensioners to an Account that betray'd the Nation in the late Long Parliament So we pray you to persevere in your faithful Service of us until the Nation be throughly secured against Popery and Arbitrary Power And since that Famous and Renowned Bulwark of the Protestant Religion the ever-to-be-honoured City of London have commanded their Sheriffs to present their Thanks to the true English and Noble Earl of Essex and by him to the rest of those Right Honourable Peers for their late Excellent Petition and Advice to His Majesty so we being willing to imitate so Good and Great an Example do desire you in our names to present in like manner our humble and hearty Thanks to the said Earl and those Noble Lords Borough of Colchester February 15. 1680 1. After the Election made a great Number of the Free-Burgesses of this Corporation agreed upon the following Address to be presented to their Representatives To the Honourable Sir Harbottle Grimston Baronet and Samuel Reynolds Esq now chosen Burgesses for our Corporation of Cochester in the County of Essex WE the Free-Burgesses of the said Corporation being deeply sensible of the unspeakable danger threatning His Majesty's Life and the Protestant Religion and the well established Government of this Kingdom from the Hellish Designs of the Papists and their wicked Adherents And that our Religion and Liberties can only under God be secured to us and our Posterity by wholsome Advice in Parliament Have now chosen you to represent us there in confidence of your Integrity and Courage to discharge so great a Trust in this time of Imminent Danger And we do desire you to allow us to speak our stedfast Resolution with utmost hazard of our Lives and Fortunes to shew our Approbation of what shall be resolved in Parliament for maintaining the Protestant Religion and our Liberties against Popery and Arbitrary Government And we hope you will endeavour to the utmost of your Power to disable James Duke of York and all other Popish Pretenders from Inheriting the Imperial Crown of this Realm And we shall pray for your good success Here we cannot but inform the Reader That the Notorious Thompson in his Popish Intelligence of the 15th of March would insinuate as if there were no such Address by Printing a Story That the Mayor Aldermen and some others of this Town being Assembled on February 28. 1680 1. A Printed Paper purporting to be the manner of the Election and containing also an Address made to the Members c. was read amongst them and that none of the Assembly would own his Consenting to or making that Paper or Address Touching which it must be Noted 1. That the Mayor and several of these Gentlemen were disobliged by being Out-Voted and much offended because they could not carry it for their Friend Sir Walter Clarges and so had no Reason to Address to the Members duly and fairly Elected because they had vigorously appeared for a contrary Party 2. That there are in that Pamphlet in relating the manner of the Election some galling Truths or if you please Reflections which possibly had better been spared and therefore no wise man would own the making it But for the Address it self 't is certain That it was agreed upon consented unto and will be Justified by the far greater part of the Electors of this Antient and Eminently Loyal Borough of which 't was thought fit here to give this brief Account for obviating any slanderous Objection that might be made on that occasion The Address of the Gentlemen and Free-holders of Bedford To the Right Honourable the Lord Russel and Sir Humphrey Munnox Elected Knights for that Shire on the 14th of February 1680 1. WHen it pleased His Majesty to summon His Peers and Commons of this His Realm to meet Him at Westminster in the last Parliament we accordingly then Chose You to Act on our behalf And being abundantly satisfied not only in Your Courage Integrity and Prudence in general but also in Your particular Care and faithful conscientious Endeavours 1. To assert our Right of Legal Petitioning for Redress of our just Grievances and to punish those who were studious to betray it 2. To secure the Meeting and Sitting of frequent Parliaments already by Law provided for for the preservation of our Lives Liberties and Estates and for the support of His Sacred Majesty and even of the Government it self 3. To Repeal the Act of the 35th of Elizabeth whereby all true Protestants might possibly in case of a Popish Successor from which God of his infinite Mercy defend us be liable to utter Ruine Abjuration and perpetual Banishment .4 To secure his Majesty's Royal Person the Protestant Religion and well Established Government of this Realm 5. To destroy and root out Popery 6. To use the most effectual means conducing to so good an End viz. The Exclusion of a a Popish Successor both by name and otherwise We have therefore now chosen you again to represent us in like manner in this Parliament called to be held at Oxford in full Trust and Confidence that with the same Courage and Integrity you will persevere in the same good Endeavours pursuing all things that by joynt consent of your Fellow-Members shall be found for our publick Good and Safety And in full assurance that you will not consent to the disposal of any of our Moneys till we are effectually secured against Popery and Arbitrary Power do resolve by Divine Assistance to stand by you therein The Address of the Gentry and Free-holders of the County of Suffolk to their Representatives Chosen the 14th of February 1680 1. presented to them by Sir Philip Skippon in the name and by consent of the rest of the Electors To the Honourable Sir Sam. Barnardiston and Sir Will. Spring Baronets Knights of the Shire for the County of Suffolk Gentlemen WE the Free-holders of this County having chosen you our Representatives in the last Parliament in which we had satisfactory Demonstration of your
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
43. A Brief Account of particulars occurring at the happy death of our late Soveraign Lord K. Ch. 2d in regard to Religion faithfully related by his then Assistant Mr. Jo. Huddleston 280 44. Some Reflections on His Majesty's Proclamation of the Twelfth of Feb. 1686 7. for a Toleration in Scotland together with the said Proclamation 281 45. His Majesty's Gracious Declaration to all his Loving Subjects for Liberty of Conscience 287 46. A Letter containing some Reflections on His Majesty's Declaration for Liberty of Conscience Dated April 4. 1687. 289 47. A Letter to a Dissenter upon Occasion of His Majesty's Late Gracious Declaration of Indulgence 294 48. The Anatomy of an Equivalent 300 49. A Letter from a Gentleman in the City to his Friend in the Countrey containing his Reasons for not reading the Declaration 309 50. An Answer to the City Minister's Letter from his Countrey Friend 314 51. A Letter from a Gentleman in Ireland to his Friend in London upon ocasion of a Pamphlet entituled A Vindication of the Present Government of Ireland under his Excellency Richard Earl of Tyrconnel 316 52. A Plain Account of the Persecution laid to the Charge of the Church of England 322 53. Abby and other Church Lands not yet assured to such possessors as are Roman-Catholicks dedicated to the Nobility and Gentry of that Religion 326 54. The King's Power in Ecclesiastical matters truly stated 331 55. A Letter writ by Mijn Heer Fagel Pensioner of Holland to Mr. James Stewart Advocate giving an Account of the Prince and Princess of Orange's thoughts concerning the Repeal of the Test and the Penal Laws 334 56. Reflections on Monsieur Fagel's Letter 338 57. Animadversions upon a pretended Answer to Mijn Heer Fagel's Letter 343 58. Some Reflections on a Discourse called Good Advice to the Church of England c. 363 59. The ill effects of Animosities 371 60. A Representation of the Threatning Dangers impending over Protestants in Great-Britain With an Account of the Arbitrary and Popish ends unto which the Declaration for Liberty of Conscience in England and the Proclamation for a Toleration in Scotland are designed 380 61. The Declaration of his Highness William Henry by the Grace of God Prince of Orange c. of the Reasons inducing him to appear in Arms in the Kingdom of England for preserving of the Protestant Religion and for restoring the Laws and Liberties of England Scotland and Ireland 420 62. His Highnesses Additional Declaration 426 63. The then supposed Third Declaration of his Royal Highness pretended to be signed at his head Quarters at Sherborn-Castle November 28. 1688. but was written by another Person tho yet unknown 427 64. The Reverend Mr. Samuel Johnson's Paper in the year 1686. for which he was sentenc'd by the Court of Kings-Bench Sir Edward Herbert being Lord Chief Justice and Sir Francis Wythens pronouncing the Sentence to stand Three times on the Pillory and to be whipp'd from Newgate to Tyburn which barbarous Sentence was Executed 428 65. Several Reasons for the establishment of a standing Army and Dissolving the Militia by the said Mr. Johnson 429 66. To the King 's Most Excellent Majesty the Humble Petition of William Archbishop of Canterbury and divers of the suffragan Bishops of that Province then present with him in behalf of themselves and others of their absent Brethren and of the Clergy of their respective Diocesses with His Majesty's Answer 430 67. The Petition of the Lords Spiritual and Temporal for the calling of a free Parliament together with His Majesty's Gracious Answer to their Lordships Ib. 68. The Prince of Orange's Letter to the English Army 431 69. Prince George his Letter to the King 432 70. The Lord Churchill's Letter to the King 432 71. The Princess Ann of Denmark's Letter to the Queen 433 72. A Memorial of the Protestants of the Church of England presented to their Royal Hignesses the Prince and Princess of Orange 433 73. Admiral Herbert's Letter to all Commanders of Ships and Seamen in His Majesty's Fleet. 434 74. The Lord Delamere's Speech 434 75. An Engagement of the Noblemen Knights and Gentlemen at Exeter to assist the Prince of Orange in the defence of the Protestant Religion Laws and Liberties of the People of England Scotland and Ireland 435 76. The Declaration of the Nobility Gentry and Commonalty at the Rendezvouz at Nottingham November 22. 1688. 436 77. His Grace the Duke of Norfolk's Speech to the Mayor of Norwich on the 1st of December in the Market-place of Norwich 437 78. The Speech of the Prince of Orange to some principal Gentlemen of Somersetshire and Dorsetshire on their coming to join his Highness at Exeter Novemb. 15. 1688. 437 79. The True Copy of a Paper delivered by the Lord Devonshire to the Mayor of Darby where he Quartered Novemb. 21. 1688. 438 80. A Letter from a Gentleman at Kings-Lynn Decemb. 7. 1688. to his Friend in London With an Address to his Grace the most Noble Henry Duke of Norfolk Lord Marshall of England Ibid. 81. His Grace's Answer with another Letter from Lynn-Regis giving the D. of Norfolk's 2d Speech there Decemb. 10. 1688. 439 82. The Declaration of the Lord 's Spiritual and Temporal in and about the Cities of London and Westminster Assembled at Guild-Hall Decemb. 11. 1688. Ibid. 83. A Paper delivered to his Highness the Prince of Orange by the Commissioners sent by His Majesty to treat with him and his Highness's Answer 1688. 440 84. The Recorder of Bristoll's Speech to his Highness the Prince of Orange Monday Jan. 7. 1688. 441. 85. The Humble Address of the Lieutenancy of the City of London to his Highness the Prince of Orange Decemb. 12. 1688. 442 86. The Humble Address of the Lord Mayor Aldermen and Commons of the City of London in Common-Council Assembled to his Highness the Prince of Orange 443 87. The Speech of Sir Geo. Treby Knight Recorder of the Honourable City of London to his Highness the Prince of Orange Decemb. 20. 1688. Ibid. 88. His Highness the Prince of Orange's Speech to the Scotch Lords and Gentlemen with their Advice and his Highness's Answer with a true Account of what past at their meeting in the Council Chamber at White-Hall Jan. 7. 1688 9. 444 89. The Emperor of Germany's Account of K. James's Misgovernment in joining with the K. of France the Common Enemy of Christendom in his Letter to K. James 446 90. The Declaration of the Lords Spiritual and Temporal and Commons Assembled at Westminster concerning the Misgovernment of K. James and filling up the Throne Presented to K. William and Q. Mary by the Right Honourable the Marquess of Hallifax Speaker to the House of Lords with His Majesty's Most Gracious Answer thereunto 447 91. A Proclamation Declaring William and Mary Prince and Princess of Orange to be King and Queen of England France and Ireland c. 449 92. The Declaration of the Estates of Scotland concerning the Misgovernment of K. James the 7th
consult their own good but he comes only at the time of Enacting bringing his Royal Authority with him as it were to set the Seal thereof to the Indenture already prepared by the People for the King is Head of the Parliament in regard of his Authority not in regard of his Reason or Judgment as if it were to be opposed to the Reason or Judgment of both Houses which is the Reason both of King and Kingdom and therefore do they as consult so also interpret Laws without him supposing him to be a Person replenished with Honour and Royal Authority not skilled in Laws nor to receive Information either of Law or Councel in Parliamentary Affairs from any saving from that supreme Court and highest Councel of the King and Kingdom which admits no counterpoise being intrusted both as the wisest Counsel and justest Judicature Fourthly either the choise of the People in Parliament is to be the Ground and Rule of the Kings Assent or nothing but his Pleasure and so all Bills tho' never so necessary for publick Good and Preservation and after never so much pains and consultation of both Houses may be rejected and so they made meer Cyphers and we brought to that pass as neither to have no Laws or such only as come immediately from the King who oft is a man of Pleasure and little seen in publick Affairs to be able to judge and so the Kingdoms great Councel must be subordinated either to his meer Will and then what Difference between a free Monarchy and an absolute saving that the one rules without Councel and the other against it or at the best but to a Cabinet Councel consisting commonly of Men of private Interests but certainly of no publick Trust Ob. But if the King must consent to such Laws as the Parliament shall chuse eo nomine they may then propound unreasonable things to him as to consent to his own Deposing or to the lessening his own Revenue c. Ans So that the issue is whether it be fitter to trust the Wisdom and Integrity of our Parliament or the Will and Pleasure of the King in this case of so great and publick Concernment In a word the King being made the Fountain of Justice and Protection to his People by the fundamental Laws or Constitution of this Kingdom he is therefore to give life to such Acts and Things as tend thereunto which Acts depend not upon his Pleasure but though they are to receive their greater Vigour from him yet are they not to be suspended at pleasure by him for that which at first was intended by the Kingdom for an honourable way of Subsistence and Administration must not be wrested contrrry to the nature of this Polity which is a free and mist Monarchy and not absolute to its Destruction and Confusion so that in case the King in his Person should decline his Duty the King in his Courts is bound to perform it where his Authority properly resides for if he refuse that Honour which the Republick by its fundamental Constitution hath conferred upon him and will not put forth the Acts of it for the end it was given him viz. for the Justice and Safety of his People this hinders not but that they who have as fundamentally reserved a Power of being and well-being in their own hands by the Concurrence of Parliamentary Authority to the Royal Dignity may thereby provide for their own Subsistence wherein is acted the Kings juridical Authority though his personal pleasure be withheld for his legal and juridical Power is included and supposed in the very being and consequently in the Acts of Courts of Justice whose being he may as well suspend as their Power of Acting for that without this is but a Cypher and therefore neither their being nor their acting so depend upon him as not to be able to act and execute common Justice and Protection without him in case he deny to act with them and yet both so depend upon him as that he is bound both in Duty and Honour by the Constitution of this Polity to act in them and they for him so that according to that Axiom in Law The King can do no wrong because his juridical Power and Authority is always to controle his personal Miscarriages London's Flames Revivd OR AN ACCOUNT OF SEVERAL INFORMATIONS Exhibited to a Committee appointed by PARLIAMENT September the 25th 1666. To Enquire into the BURNING of LONDON WITH Several other Informations concerning other Fires in Southwark Fetter-Lane and elsewhere UPon the Second of September 1666. the Fire began in London at one Farriner 's House a Baker in Pudding-Lane between the Hours of One and Two in the Morning and continued burning until the Sixth of September following consuming as by the Surveyors appears in Print Three hundred seventy three Acres within the Walls of the City of London and Sixty three Acres and Three Roods without the Walls There remains Seventy five Acres and Three Roods yet standing within the Walls unburnt Eighty nine Parish Churches besides Chappels burnt Eleven Parishes within the Walls yet standing Houses burnt Thirteen thousand and two hundred Per Jonas Moore Ralph Gatrix Surveyors UPon the 18th Day of September 1666. the Parliament came together And upon the 25th of the same Month the House of Commons appointed a Committee to enquire into the Causes of the late Fire before whom the following Informations were given in and proved before the Committee as by their Report will more clearly appear bearing date the 22th of January 1666. and upon the 8th of February following the Parliament was Prorogued before they came to give their Judgment thereupon Die Martis 25 Septembris 1666. 18 Car. 2. Resolved c. THat a Committee be appointed to enquire into the Causes of the late Fire and that it be referred to Sir Charles Harbord Mr. Sandys Col. Birch Sir Robert Brook Sir Thomas Littleton Mr. Prin Mr. Jones Sir Solomon Swale Sir Thomas Tomlins Mr. Seymour Mr. Finch Lord Herbert Sir John Heath Mr. Milward Sir Richard Ford Mr. Robert Milward Sir William Lowther Sir Richard Vatley Sir Rowland Beckley Sir Thomas Allen Mr. Whorwood Mr. Coventry Serj. Maynard Sir John Talbot Mr. Morley Mr. Garraway Sir Francis Goodrick Col. Strangeways Sir Edward Massey Sir Edmond Walpool Sir Robert Atkins Sir Thomas Gower Mr. Trevor Sir Thomas Clifford Sir Henry Caesar Sir John Monson Sir John Charleton Lord Ancram Mr. Pepis Sir Richard Everard Mr. Crouch Mr. Merrel Sir William Hickman Sir Richard Brown Mr. Maynard And they are to meet to Morrow at Two of the Clock in the After-noon in the Speaker's Chamber and to send for Persons Papers and Records William Goldsbrough Cler. Dom. Com. October 9. 1666. Ordered that these Members following be added to the Committee appointed to Enquire into the Causes of the late Fire viz. Sir John Pelham Mr. Hugh Buscowen Mr. Giles Hungerford Sir William Lewis Sir Gilbert Gerrard Sir John Brampstone Mr. Milward Mr. Buscowen
found this following Paper which immediately either by himself or a Relation of his was delivered to Sir William Morrice one of his Majesties Principal Secretaries of State The Contents of the Paper are as follows A Warning to Protestants I Who have been a Papist from my Infancy till of late and in Zeal for their horrid Principles had too great a share in the Firing of the City and did intend to do further Mischief to the Protestants of which I am now and ever shall be a Member do upon Abhorrence of that Villany and Religion that hath moved me to it declare to all Protestants the Approach of their sudden Ruine that it may be prevented if it be not too late When I together with other Papists both French Irish and English fired the City others were imployed to Massacre the Protestants we thinking thereby to destroy the Heads of your Religion but the Massacre was disappointed by the Fear of him who was the chief Agent in this Villany And the Fire not having done all its Work they have often endeavoured to fire the remaining part They intend likewise to land the French upon you to whose Assistance they all intend to come and for that purpose are stored with Arms and have so far deceived the King that they have the Command of most part of the Army and the Sea-Ports The French intend to land at Dover that Garison being most Papists And the Papists in England have express Command from Rome to hasten their Business before the next Parliament and to dispatch Therefore as you love your Lives and Fortunes prevent your Ruine by disarming all the Papists in England especially C. L. from the Tower and the L. D. and all his Adherents and Souldiers from Dover and by disarming all Papists I have such an Abhorrence that I would willingly undergo any Punishment for it and declare my self openly were I not assured that I could do you more good in concealing my Name for the present Delay not from following these Directions as you love your Lives and be not deceived by any Pretences whatsoever An Impartial Account of some Informations taken before several Justices of the Peace concerning the several Fires happening of late in and near the City of London ABout the latter end of June and in July one Joseph Harrison came several times to the Greyhound-Inn in Holborn pretending to enquire for Letters for himself and about the beginning of July comes into the said Inn and meeting Mr. Atkins the Master of the said Inn He the said Harrison asked him for a Can of Beer whereupon Mr. Atkins ordered his Man to draw two Cans drinking one himself and giving the other to Harrison After which the said Harrison took Mr. Atkins by the Hand and lead him out of his own Yard into Holborn and by the Rails in the Street the said Harrison advised the said Atkins to put off his House and dispose of his Goods as soon as he could for within Three Weeks or a Month there would be great and dreadful Fires in and about London Mr. Atkins asked him How he knew so The said Harrison replied If you will not believe me you may chose and so left him One Monday July the 25th Mr. Atkins his Wife hearing of the Fire at the George-Inn in Southwark went to her Mother at the Talbot-Inn in Southwark the back-part of which said Inn is adjoyning to the George-Inn and was likewise on Fire and being there she espied the aforesaid Joseph Harrison in the Yard and remembring the aforesaid Advice to her Husband desired some Persons that were next her to lay hold on him which being done he was conveyed to a Foot-Company that stood in Arms near the said Inn judging that the nearest place to secure him After which Sir John Smith one of the Sheriffs of London was acquainted with the whole matter Upon which he with the L. C. went to the said Company and in the hearing of several gave Charge to the Captain of the said Company to keep him safe until they had time to examine him After the Fire was put out some went to enquire after the Prisoner and the Captain told them The L. C. had dicharged him The next Day being Tuesday a Person was informed that the said Harrison taught School in Thread-Needle Street and that he boasted of his Deliverance and said That the L. C. was pleased to honour him so far as to take him in his Barge with him to White-hall and bad him but be patient a while and he should have Satisfaction from the Persons that had troubled him But hearing where to find him Endeavours were used to retake him and accordingly was accomplished on Wednesday July 27. and had before the Worshipful Sir John Frederick who sent him to Bishopsgate and ordered him to be brought before the Lord Mayor and Court of Aldermen the next day to be examined Before whom were these following things proved against him upon Oath 1. THat he hath had frequent Correspondency with Jesuits and Papists 2. That he hath spoken to several of his Acquaintance to go with him to Popist Meetings declaring that he knew of many 3. That he hath been perswaded to turn Mendicant Fryer and hath been offered a Stipend to turn to the Romish Religion 4. That he knew there would be divers great and dreadful Fires in and about London within a Month. 5. That he advised Friends to rid their Hauds of all their Concerns in and about London for there would be a great Consumption of houses there 6. That when he was in the Custody of the Foot-Company aforesaid Mr. Atkins aforesaid affirming to swear the former Article he threatned him if he did it should cost him the best House he had 7. That he said there were forty thousand French Papists lately come over to his Knowledge besides many that were amongst us already 8. The Lord Mayor asking him Who perswaded him to turn Catholick He answered The King's Under-Barber Phillips After which he told the Court That when he was apprehended for these things my L. C. discharged him and took him with him in his Barge to White-hall He further told the Court That he was some time an Assistant to Mr. Lovejoy Schoolmaster at Canterbury and that he had Letters Testimonial of his good Behaviour from the Dean of Canterbury Upon which my Lord Mayor remembring that he had seen him with Mr. Lovejoy and said that Mr. Lovejoy told him That he was an idle Rogue And so he was committed to Newgate On Saturday the 30th of July it was further deposed upon Oath by Thomas Roe before Sir John Frederick as follows The Information of Thomas Roe of Bernard-Inn Gent. taken the 3th of July 1670. by Sir John Frederick Alderman one of His Majesties Justices of Peace in the City of London upon Oath as followeth THomas Roe saith that he hath for at least twelve or thirteen Years last past been acquainted with one Joseph Harrison who was
of that Town 2. Your Subjects are sometimes upon slight and sometimes upon no grounds imprisoned and often kept Prisoners many Months and years nothing being objected to them and are required to enter themselves Prisoners which is contrary to Law It was in the former Article expressed that many of these Persons declared incapable of publick Trust did also suffer Imprisonment and besides these instances Lieutenant General Drummond whose eminent Loyalty and great Services are well known to your Majesty was required to enter himself Prisoner in the Castle of Dunbarton where he was kept one year and a half and was made a close Prisoner for nine months of that time and yet nothing was ever objected to him to this day to justifie that Usage The Lord Cardross was for his Ladies keeping two Conventicles in her own House at which he was not present fined 110 l. and hath now been kept prisoner four years in the Castle of Edenburg where he still remains although he hath often petitioned for his Liberty and Sir Patrick Holme hath been now a second time almost one year and nothing is yet laid to his charge Besides these illegal Imprisonments the Officers of your Majesties Forces frequently carry Warrants with them for apprehending persons that are under no legal Censure nor have been so much as cited to appear which hath put many of your Subjects under great fears especially upon what was done in Council three years ago Captain Carstairs a man now well enough known to your Majesty did intrap one Kirkton an outed Minister into his Chamber at Edenburgh and did violently abuse him and designed to have extorted some money from him The noise of this coming to the Ears of one Baily Brother-in-law to the said Kirkton he came to the house and hearing him cry Murder Murder forced open the Chamber door where he found his Brother-in-law and the Captain grapling the Captain pretended to have a Warrant against Kirkton and Baily desired him to shew it and promised that all obedience should be given to it But the Captain refusing to do it Kirkton was rescued This was only delivering a man from the hands of a Robber which Nature obligeth all men to do especially when joyned with so near a Relation The Captain complained of this to the Council and the Lord Hatton with others were appointed to examine the Witnesses And when it was brought before the Council the Duke of Hamilton Earls of Mereton Dumfrize and Kinkarden the Lord Cocheren and Sir Archibald Primrose then Lord Register desired that the Report of the Examination might be read but that not serving their ends was denyed And thereupon those Lords delivered their Opinion that fithence Carstares did not shew any Warrant nor was cloathed with any publick Character it was no opposing of your Majesties Authority in Baily so to rescue the said Kirkton yet Baily was for this fined in 6000. Marks and kept long a Prisoner Those Lords were upon that so represented to your Majesty that by the Duke of Lauderdale's procurement they were turned out of the Council and all command of the Militia And it can be made appear that the Captain had at that time no Warrant at all against Kirkton but procured it after the Violence committed And it was ante-dated on design to serve a turn at that time This manner of Proceedings hath ever since put your subjects under sad apprehensions There is one particular further offered to your Majesties consideration concerning their way of using Prisoners There were 14 men taken at a Field Conventicle who without being legally Convict of that or any other crimes were secretly and in the night taken out of Prison upon a Warrant signed by the Earl of Lynlythgo and the Lord Hatton and Collington and were delivered to Captain Maytland who had been Page to the Duke of Lauderdale but was then a French Officer and was making his Levies in Scotland and were carryed over to the service of the French King in the year 1676. 3. The Council hath upon many occasions proceeded to most unreasonable and Arbitrary Fines either for slight offences or for offences where the Fine is regulated by Law which they have never considered when the persons were not acceptable to them So the Lord Cardross was Fined in 1111 l. for his Ladies keeping two Conventicles in his house and Christning a Child by an outed Minister without his knowledge The Provost formerly mentioned and Baily with many more were also fined without any regard to Law The Council hath at several times proceeded to the taking of Gentlemens Dwelling-houses from them and putting Garrisons in them which in time of peace is contrary to Law In the year 75. It was designed against twelve of your Majesties Subjects and was put in Execution in the houses of the Earl of Calender the Lord Cardrosse the Lady Lumsden c. and was again attempted in the year 78. the Houses belonging to the Leirds of Cosnock Blagan and Rowal and were possessed by Souldiers and declared Garrisons Nor did it rest there but Orders were sent from the Council requiring the Countries about those Houses to furnish them for the Souldiers use and to supply them with necessaries much contrary to Law It was against this that Sir Patrick Holme came to desire a remedy and common Justice being denied him he used a legal Protestation in the ordinary Form of Law and was thereupon kept for many Months a Prisoner and declared incapable of all publick trust c. There is another particular which because it is so odious is unwillingly touched yet it is necessary to inform your Majesty about it for thereby it will appear that the Duke of Lauderdale and his Brother have in a most solemn manner broken the publick faith that was given in your Majesties name One Mitchel being put in Prison upon great suspicion of his having attempted to murder the late Arch Bishop of St. Andrews and there being no Evidence against him Warrant was given by the Duke of Lauderdale then your Majesties Commissioner and your Council to promise him his life if he would confess Whereupon he did confess and yet some years after that person who indeed deserved many deaths if there had been any other Evidence against him was upon that confession convicted of the Crime and the Duke of Lauderdale and his Brother being put to it by him did swear that they never gave or knew of any assurance of life given him And when it was objected that the promise was upon Record in the Council books the Duke of Lauderdale did in open Court where he was present only as a Witness and so ought to have been silent threaten them if they should proceed to the Examination of that Act of Council which as he then said might infer perjury on them that swore and so did cut off the proof of that defence which had been admitted by the Court as good in Law and sufficient to save the Prisoner if
Factious Design with which they were charged by the said Letter This being through the Influence of the Lord Hatton refused by the Privy Council they dispatched a Gentleman to the Duke of Lauderdale with Letters and Instructions full of Respect and Submission to his Grace The Gentleman at his first arrival found Duke Lauderdale very kind and was made believe he should be quickly dispatched with Answers according to his Desire but some Delays having fallen in the Duke of Lauderdale fell likewise upon thoughts of getting Money from the Town upon this occasion and therefore pretending still more and more kindness to the said Gentleman he did first by some Insinuations let fall to him his expectation and at last flatly asked him if he had not brought a heavy Purse with him which when he understood he was not to expect he changed his Method and grew harsher and having detained him Five or Six Weeks he the said Duke entered into Consultation with his old Friend Sir Andrew Ramsey how to order the Affair By his Advice he did write a Letter and sent Proposals to the said Town That they should give Bond and Security That the Townsmen should live regularly as to all matters Ecclesiastical in the largest extent as the same is determined by the late Acts of Parliament and to keep the Town free of all sorts of Tumults either of Man or Woman Judging that this was impossible for them to perform and unfavourable to attempt and that therefore it would oblige them to make offers of Money This Letter was all the Gentleman could obtain and having gone back to Scotland and delivered it to the Magistrates they were so far from being carried in the Design that they were glad of that opportunity to witness their Zeal to serve Your Majesty for they did very heartily comply with what was proposed concerning the Bonds and Securities demanded and immediately urged that Your Majesties Ofcers and Lawyers would cause draw such Bonds and Securities as was fit for the purpose offering good Security for great summs of Money for the performance But this not being the thing truly intended their ready Compliance with it set them yet farther off from their desired Settlement and served for no other intent than to cause the Lord Hatton to double his diligence to find out new means to mollest them to which end it was alledged by him that they had of old forfeited their Priviledges and Liberties by some great Misdemeanour and that therefore they had not right to chuse their own Magistrates for which he would needs have their Records searched and accordingly they themselves with their Books and Records were in a most unusual manner brought often before him and his Friends though they had not Authority for it to the great Disturbance and Annoyance of the Citizens by being abundantly jealous of their Liberties were with no small care kept within the due Bounds of Moderation by the Loyalty and Vigilancy of their Magistrates They the said Magistrates finding how they were used at home by the Lord Hatton did again apply themselves to the Duke of Lauderdale both by private Letters to the Duke of Lauderdale and his Dutchess from some of the most eminent of them full of Assurances of particular Respect to their Graces and by a publick Letter to him from the whole Town-Council offering Bond and Security to him in the terms proposed by his fore-mentioned Letter But this could not prevail it being objected to them from some frivolous things the Lord Hatton had scraped together out of their old Records that they had lost their Liberties and that the right of chusing their Magistrates did no more belong to them Then did they produce their Charters and did convincingly clear all Mistakes and evidently make appear that the right of chusing their own Magistrates did remain to them undoubtedly and intirely All these things being cleared and open they expected to be restored to the free exercise of their Election in their accustomed manner They were still kept off with Delayes until the Lord Hatton in pursuance of his Design fell a practising with some few of themselves who did undertake with his assistance to get such Elected as were fit for his ends whereupon he writes to his Brother the Duke of Lauderdale to move Your Majesty for a Letter and accordingly the Letter was procured from Your Majesty upon the Seventh of August 75 wherein Your Majesty after reciting Your former Orders in that Affair did declare that You were well informed of their Obedience to Your Commands and of their dutiful Carriage in Your Concerns and therefore ordained them the next day after the Receipt of the Letter to convene their whole Council after their accustomed manner and out of the Lists already made to Elect the Lord Provost Bailies and other Officers According to which Letter they did the next day proceed to their Elections but instead of those whom the Lord Hatton expected they would have chosen they did Elect some men of good Fortunes and Integrity not at all fit for his purpose these who had ingaged to him not being men of that esteem or influence as to be able to carry his Design as they had undertaken The new Magistrates and Council did immediately after their Election acquaint Your Majesty with their Procedure and gave Your Majesty great Acknowledgments and Assurances of their care of the Peace of the Town and of Your Majesty's Service in all Matters both Ecclesiastical and Civil The said Lord Hatton being exceedingly inraged at this Act of theirs did by Advice of Sir George Mackynge now Your Majesties Advocate send a Letter to the Duke of Lauderdale to which he procured Your Majesties Hand upon the 25th of the same month of August by which Your Majesty ordered Your Privy Council to intimate to the Magistrates and Town-Council that it was Your Royal Pleasure that there should be turned out of the Town-Council and declared incapable of any Publique Trust in the said Town Twelve of the most eminent of the same Men with whom your Majesty had exprest your self so well pleased and whose Actings your Majesty had approved by your Letter of the Seventh of the said Month. This was accordingly executed by the Privy-Council without ever so much as calling before them the said Persons though great Crimes were laid to their Charge as being Factious Persons and mis-representing your Majesty's Proceedings without mentioning any particular Fact of theirs which could import any such Crime And though they be threatned by the said Letter to be pursued for these great Crimes and that your Majesty's Advocate is commanded in the same to insist against them yet could they never obtain from your Majesty's Privy-Council that they should be tryed for these things though by a Petition signed by the whole Twelve they did represent the great Prejudice they sustained both in their Reputation and Trade by being kept under such Threatnings and therefore did humbly offer themselves to
sight hereof to be Aiding and Assisting unto Robert Stephens Messenger of the Press in the seizing on all such Books and and Pamphlets as asoresaid as he shall be informed of in any Book-sellers or Printers Shops or Ware-houses or elsewhere whatsoever to the end they may be disposed as to Law shall appertain Also if you shall be informed of the Authors Printers or Publishers of such Books or Pamphlets as are above-mentioned you are to Apprehend them and have them before one of His Majestiees Justices of the Peace to be proceeded against according to Law Dated this 29th day of November 1679. To Robert Stephens Messenger of the Press and to all Mayors Sheriffs Bayliffs Constables and all other Officers and Ministers whom these may concern WILLIAM SCROGGS Angl. ss WHereas The King's Majesty hath lately Issued out His Proclamation for Suppressing the Printing and Publishing Unlicensed News-Books and Pamphlets of News Notwithstanding which there are divers Persons who do daily Print and Publish such Unlicensed Books and Pamphlets These are therefore to Will and Require You and in His Majesty's Name to Charge and Command You and every of You from Time to Time and at all Times so often as You shall be thereunto required to be Aiding and Assisting to Robert Stephens Messenger of the Press in the Seizing all such Books and Pamphlets as aforesaid as he shall be informed of in any Book-seller's Shop or Printer's Shop or Ware-houses or elsewhere whatsoever to the end they may be disposed of as to Law shall appertain Likewise if You shall be Informed of the Authors Printers or Publishers of such Books and Pamphlets You are to Apprehend them and have them before Me or one of His Majesty's Justices of the Peace to be proceeded against as to Law shall appertain Dated this 28th Day of May Anno Dom. 1680. To all Mayors Sheriffs Bayliffs Constables and all other Officers and Ministers whom these may concern WILLIAM SCROGGS To Robert Stephens Messenger of the Press Upon view whereof this Committee came to this Resolution Resolved That it is the Opinion of this Committee That the said Warrants are Arbitrary and Illegal And this Committee being informed of certain Scandalous Discourses said to be uttered in publick places by the Lord Chief Justice Scroggs proceeded to Examine Sir Robert Atkins late one of the Justices of the Common Pleas concerning the same by whom it appears That at a Sessions-Dinner at the Old-Bayly in the Maiorality of Sir Robert Clayton who was then present the said Chief Justice took occasion to speak very much against Petitioning condemning it as resembling 41 as Factious and tending to Rebellion or to that effect to which the said Sir Robert Atkins made no Reply suspecting he waited for some Advantage over him But the Chief Justice continuing and pressing him with the said Discourse he began to justifie Petitioning as the Right of the People especially for the Sitting of a Parliament which the Law requires if it be done with Modesty and Respect Upon which the Chief Justice fell into a great passion and there is some reason to believe that soon after he made an ill Representation of what the said Sir Robert had then spoke unto his Majesty And this Committee was further informed That the said Sir Robert Atkins being in Circuit with the said Chief Justice at Summer Assizes was Twelve-month at Monmouthâ— Mr. Arnold Mr. Price and Mr. Bedlow being then in company the Chief Justice fell severely in publick upon Mr. Bedlow taking off the Credit of his Evidence and alledging he had over-shot himself in it or to that effect very much to the Disparagement of his Testimony And the said Sir Robert defending Mr. Bedlow's Evidence and Credit he grew extreme Angry and Loud saying to this Effect That he verily believed Langhorn died Innocently To which the said Sir Robert replied He wondred how he could think so who had condemned him himself and had not moved the King for a Reprieve for him All which matters of Discourse this Committee humbly Submit to the Wisdom and Consideration of this House without taking upon them to give any Opinion therein And this Committee proceeded further to inquire into some Passages that happened at Lent Assizes last for the County of Somerset at the Tryal of Thomas Dare Gent. there upon an Indictment for saying falsly and seditiously That the Subjects had but two means to Redress their Grievances one by Petitioning the other by Rebellion And found that though by his other discourse when he said so that it appeared plainly he had no Rebellious intent in that he said Then God forbid there should be a Rebellion he would be the first Man to draw his Sword against a Rebel yet he was prosecuted with great violence And having pleaded Not Guilty he moved Mr. Justice Jones who then sate Judge there that he might try it at the next Assizes for that Mr. Searle who was by at the speaking of the words and a material Witness for his Defence was not then to be had and an Affidavit to that purpose was made and received But the said Justice Jones told him That was a Favour of the Court only and he had not deserved any Favour and so forc'd him to try it presently But the Jury appearing to be an extraordinary one provided on purpose being all of persons that had highly opposed Petitioning for the Sitting of this Parliament he was advised to withdraw his Plea and the said Justice Jones encouraging him so to do he confest the words denying any Evil Intention and gave the said Justice an account in writing of the Truth of the whole matter and made a submission in Court as he was directed by the said Justice Who promis'd to recommend him to His Majesty but imposed a Fine of 500 l. on him and to be bound to the Good Behaviour for three years Declaring also That he was turned out from being a Common-Councellor of the Corporation of Taunton in the said County on pretence of a Clause in their Charter giving such a power to a Judge of Assize And the said Thomas Dare remains yet in Prison for the said Fine in which matter of the Tryal aforesaid this Committee desireth to refer it self to the Judgment of this House The Resolutions of the House of Commons upon the said Report I. THat it is the Opinion of this House That the Discharging of the Grand Jury of the Hundred of Oswalston in the County of Middlesex by the Court of King's Bench in Trinity Term last before the last day of the Term and before they had finished their Presentments was Arbitrary and Illegal destructive to publick Justice a manifest Violation of the Oaths of the Judges of that Court and a means to subvert the Fundamental Laws of this Kingdom and to introduce Popery II. That it is the Opinion of this House That the Rule made by the Court of King's Bench in Trinity Term last against Printing of a
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
His Majesty's Royal Person the good Government of the Nation by Law and in securing our Rights and Liberties for your real Endeavours herein we joyntly return our hearty Thanks and have now chosen you again to be our Representatives in this Parliament And though we have not the least Suspicion or Doubt of your Wisdom and Integrity in Acting for our Common Good now as we apprehend in great danger yet we judge it expedient to discover our Minds and hearty Desires in the Particulars following viz. I. That you 'll continue vigorously to prosecute the horrid Popish Plotters and endeavour thay may be brought to condign punishment especially all Sham-Plotters which we esteem the worst of Villains II. That you will insist on a Bill for excluding all Popish Successors to the Crown which we believe an effectual Means under God for preserving the Protestant Religion His Majesty's Life and Tranquillity with the well established Government of the Kingdom and securing it to our Posterity III. That you endeavour passing a Bill for Regulating Elections and the Frequency of Parliaments for dispatch of those weighty Affairs of the Nation that shall from time to time be before them which we judge the best prevention of an Arbitrary Power IV. That you perservere in Asserting our Right of Legal Petitioning for removing our just Grievances and pass a Bill if there be no Law to punish such that shall obstruct it V. That you will use your utmost Endeavours to bring in a Bill against Pluralities of Church-Livings Non-residency and Scandalous Ministers of which there are too many in most Counties VI. That you will endeavour to preserve His Majesty's Person to root out Popery and prevent Arbitrary Government and use your utmost Endeavours to unite His Majesty's Protestant Subjects VII Lastly That you will not consent to any Money-Bill till the foresaid Particulars be effected and in so doing we hereby promise to stand by you with our Lives and Fortunes The Address of the Free-holders of the County of Leicester To the Right Honourable Benet Lord Sherrard and Sir John Hartopp Baronet as it was audibly read in Court by the Sheriff and unanimously approved of by the said Free-holders immediately after their Election 24 Febr. 1680 1. WE the Free-holders of the County of Leicester having chosen you to be our Representatives in the Two last Parliaments being highly sensible of the care you have taken to secure his Majesty's Royal person the Protestant Religion our Liberties and Properties as also your Endeavours further to discover and prosecute the horrid Popish Plot spread over the Realm of England and others of His Majesty's Dominions with your zealous promoting an happy Union of all good Protestants in this Land not only by good and wholesome Laws for that End but by Repealing those which were destructive to it and especially for your persisting in the Exclusion of James Duke of York and all other Popish Successors from inheriting the Imperial Crown of England which we esteem the only Security under God of His Majesty's Person and Dominions Likewise your Vindicating our fundamentally Right of Petitioning His Majesty for frequent Sitting of Parliaments by your particular Marks of Displeasure laid upon the Opposers of it For all which and other good Laws you were about to make we give you most hearty Thanks And having now again Unanimously chosen you for the ensuing Parliament if you shall continue the prosecution of the aforementioned absolutely necessary Things we shall stand by you with our Lives and Fortunes The Address of the Gentry and Free-holders of the County of York publickly read in Court and fully consented to by the whole Assembly by a general Acclamation at their Election March 2. To the Right Honourable Charles Lord Clifford and Henry Lord Fairfax May it please your Lordships THe Assurance we had of your Fidelity and Activity for the Service of our King and Country in the Parliament which began at Westminster the 6th of March 1678. Was the only Reason of our Choice of you to Represent us in the last Parliament and our experience of your Faithfulness and Diligence in the same Service the last Parliament is the only Ground of our uncontradicted Choice of you again this Day into the same Trust for the ensuing Parliament appointed to meet at Oxford the 21th instant And we judge it our Duty as good Protestants Loyal Subjects and True Englishmen not only to express our hearty Concurrence with you in but also to return you our real and publick Thanks for the many good Things you did and were about to do in both the last Parliaments and more especially for your seasonable Addresses to His Majesty your Necessary Votes Resolutions Orders and Bills whereby you have endeavoured 1. To preserve the Protestant Religion His Majesty's Person and the Kingdoms of England and Ireland from the many Dangers which threaten them 2. To Exclude a Popish Successor 3. To Unite all His Majesty's Protestant-Subjects 4. To purge out the Corruptions which abound in Elections of Members to serve in Parliament And 5. To secure us for the future against Popery and Arbitrary Power And we intreat you to proceed in a Parliamentary way to the Accomplishment of these Excellent Things and we assure you that these things being done we shall with great chearfullness be willing to supply His Majesty to the utmost of our Ability with Money for the securing of His Interest and Honour both at home and abroad A Letter agreed upon by the Mayor and Inhabitants of the Borough of Bridgwater to be sent to their Burgesses chosen on the 26th of February Sir Halswel Tynt and Sir John Malet WE greet you both with our most humble and hearty Service and by these inform you that on Saturday the 26th past with all becoming Calmness and Fairness we Elected you to be our Burgesses and Representatives in the ensuing Parliament We do also Unanimously approve of that great Care and indefatigable Industry which the last Parliament took in and toward the securing of the Protestant Religion than which nothing is more dear to us His Majesty's Sacred Person and Government together with the Vindication and Preservation of our Native Rights Liberties and Priviledges For their utmost Endeavour to bring the Betrayers of the same together with all the principal Conspirators in that most damnable and hellish Popish Plot to condign punishment not omitting our grateful Acknowledgments of those many Good Bills which they had prepared And moreover for all those worthy Votes Resolutions and orders made and past in that most Loyal and never-to-be-forgotten Parliament whereof one of you in the last and both of you in former Parliaments to our great comfort and encouragment approved your selves faithful Members We do also humbly and heartily Desire and Petition you to follow their good Precedent and Example in this ensuing Parliament to do your utmost to secure the King's Person with the Protestant Religion which we apprehend with deep sense
Is he a wise man who if his house be falling by reason of too much weight upon the roof will lay more upon it rather than propt it up and take off some of the weight So they who take the Church to consist of Ceremonies must pardon me that I am not of their opinion since the word of God warrants no such thing and my reason tells me that they are too much interested in the cause to be fit judges for with them he is accounted a good Son of the Church who keeps a great stir about Ceremonies though he live never so ill a life and perhaps is drunk when he performs his Devotion but if a man seem to be indifferent as to Ceremonies and make them no more than indeed they be yet in Practice Conforms more than he that makes a great noise about them though he live never so godly a life and as near as he can to the rule of God's word yet he is a Fanatick and an enemy to the Church but God Almighty tells us he will have mercy and not Sacrifice Gentlemen They who accuse me for an enemy to the King and Church have left you out of the story but I hope I shall not forget you but remember on whose errand I am sent and as I have hitherto stuck to your interest I hope nothing will draw me aside from it and if I know my own heart I am perswaded that neither rewards threats hopes nor fears will prevail upon me I desire nothing but to promote God's glory and the interest of the King and people and if it shall please God to let me see the Protestant Religion and Government established I shall think I have lived long enough and I shall be willing at that instant to resign my breath Gentlemen I thought good to say this to you and I thank you for your patience and hope I shall so behave my self in your Service that I shall make it appear I am sensible of the honour you have done me I humbly thank you all An Account of the Proceedings at the Sessions for the City of Westminster against Thomas Whitfield Scrivener John Smallbones Woodmonger and William Laud Painter for Tearing a Petition prepared to be presented to the King's Majesty for the Sitting of the Parliament With an Account of the said Petition presented on the 13th instant and His Majesty's Gracious Answer IT being the undoubted Right of the Subjects of England Vide the Resolutions of the Law Cook Jurisdict of Courts 79. Hobart 220. Vel. Magna Chart. Exl. Spencer 51. Vide the Proclamations of K. Charles I. and warranted by the Law of the Land and the general Practice of all former Times in an humble manner to apply themselves to His Majesty in the Absence of Parliaments by Petition for the Redress of their Grievances and for the obtaining such things as they apprehend necessary or beneficial to the safety and well being of the Nation And it being their Duty to which they are bound by the expres words of the Oath of Allegiance * I do Swear from my Heart That I will hear Faith and true Allegiance to His Majesty His Heirs and Successors and Him and Them will Defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against His or Their Persons Their Crown and Dignity And will do my best endeavour to disclose and make known unto His Majesty His Heirs and Successors all Treasons and Trayterous Conspiracies which I shall know or hear of to be against him or any of them to represent to Him any danger which they apprehend Threatning His Royal Person or His Government divers Persons in and about the City of Westminster considering the too apparent and unspeakable Danger His Majesty and His Kingdoms are in from the Hellish Plots and Villainous Conspiracies of the Bloody Papists and their Adherents and conceiving no sufficient or at least so fit Remedy could be provided against it but by the Parliament by whom alone several Persons accused of these accursed Designs can be brought to Tryal did prepare and sign a Petition humbly representing to His Majesty the imminent danger His Royal Person the Protestant Religion and the Government of this Nation were in from that most damnable and hellish Popish Plot branched forth into several the most Horrid Villainies For which several of the principal Conspirators stand impeached by Parliament and thereby humbly praying that the Parliament might Sit upon the 26th of January to try the Offenders and to Redress the important Crievances no otherways to be redressed of which Thomas Whitfield John Smallbenes and William Laud Inhabitants in Westminster taking notice upon the 20th day of December last they sent to Mr. William Horsley who had signed and promoted the Petition and in whose custody it was to bring or send it to them for that they desired to sign it And thereupon Mr. Horsley attended them and producing the Petition in which many Persons had joyned he delivered it at their request to be by them read and signed but Mr. Whitfield immediately tore it in pieces and threw it towards the Fire and Smallbones catching it up said That he would not take 10 s. for the Names and then they declared that they sent for it for that very purpose and owned themselves all concerned in the design Upon Mr. Horsley's complaint hereof to a Justice of the Peace a Warrant was granted against them and they being taken thereupon after examination of the matter were bound to appear and answer it at the next quarter Sessions of the Peace for the City of Westminster and upon Friday the 9th of January instant the Sessions being holden and there being present several Justices of the Peace that are eminent Lawyers the matter was brought before them and the Grand Jury Indicted the said Whitfield Smallbones and Laud as followeth viz. The City Borough and Town of Westminster in the County of Middlesex THe Jurors for our Soveraign Lord the King upon their Oath do present that whereas the Subjects and Liege People of the Kings and Queens of this Realm of England by the Laws and Customs of the Realm have used and been accustomed to represent their Publick Grievances by Petition or by any other submissive way And that the 20th day of December in the one and Thirtieth Year of the Reign of our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. at the Parish of St. Martin's in the Fields within the Liberty of the Dean and Chapter of the Collegiate Church of St. Peter of the City Borough and Town of Westminster in the County of Middlesex a Petition written in paper was prepared and Subscribed with the hands of divers the said King's Subjects and Liege People to the Jury unknown and to our said Soveraign Lord King Charles the Second Directed and to our said Soveraign Lord
to have introduced some Innovation there anent His Majesties firm will and mind always being as it is yet That the Honour Authority and Dignity of his said three Estates shall stand and continue in their own Integrity according to the ancient and laudable custom bygone without any alteration or diminution Therefore it is statuted and ordained by our said Soveraign Lord and his said three Estates in this present Parliament That none of his Leiges or Subjects presume or take upon hand to impugn the Dignity and Authority of the said three Estates or to seek or procure the innovation or diminution of the Power and Authority of the same three Estates or any of them in time coming under the pain of Treason The Earl of Argyle 's first Petition for Advocates or Council to be allowed him To his Royal Highness His Majesties High Commissioner and to the Right Honourable the Lords of His Majesties Privy-Council The Humble Petition of Archibald Earl of Argyle SHEWETH THat your Petitioner being Criminally Indicted before the Lords Commissioners of Justitiary at the instance of His Majesties Advocate for Crimes of an high Nature And whereas in this Case no Advocate will readily plead for the Petitioner unless they have your Royal Highness's and Lordships Special License and Warrant to that effect which is usual in the like Cases It is therefore humbly desired that Your Royal Highness and Lordships would give special Order and Warrant to Sir George Lockhart his ordinary Advocate to consult and plead for him in the foresaid Criminal Process without incurring any hazard upon that account and your Petitioner shall ever pray Edinburgh Novemb. 22. 1681. The Councils Answer to the Earl of Argyl's first Petition about his having Advocates allowed him HIS Royal Highness his Majesties High Commissioner and Lords of Privy-Council do refuse the desire of the above-written Bill but allows any Lawyers the Petitioners shall employ to consult and plead for him in the Process of Treason and other Crimes to be pursued against him at the instance of His Majesties Advocate Extr. By me Will. Paterson The Earl of Argyl's second Petition for Council to be allowed him To His Royal Highness His Majesties High Commissioner and to the Right Honourable the Lords of His Majesties Privy-Council The humble Petition of Archibald Earl of Argyle SHEWETH THat your Petitioner having given in a former Petition humbly representing That he being Criminally Indicted before the Lords Commissioners of Justitiary at the instance of His Majesties Advocate for Crimes of an high Nature And therefore desiring that Your Royal Highness and Lordships would give special Warrant to Sir George Lockbart to consult and plead for him Whereupon your Royal Highness and Lordships did allow the Petitioner to make use of such Advocates as he should think fit to call Accordingly your Petitioner having desired Sir George Lockhart to consult and plead for him he hath as yet refused your Petitioner And by the 11. Patliament of King James the VI. Cap. 38. As it is the undeniable priviledge of all Subjects accused for any Crimes to have liberty to provide themselves of Advocates to defend their Lives Honour and Lands against whatsoever accusation so the same Priviledge is not only by Parliament 11. King James the VI. Cap. 90. Farther asserted and confirmed but also it is declared That in case the Advocates refuse the Judges are to compel them least the party accused should be prejudged And this being an affair of great importance to your Petitioner and Sir George Lockhart having been not only still his ordinary Advocate but also by his constant converse with him is best known to your Petitioners Principles and of whose eminent abilities and fidelity your Petitioner as many others have hath had special proof all along in his Concerns and hath such singular confidence in him that he is most necessary to your Petitioner at this occasion May it therefore please Your Royal Highness and Lordships to interpose your Authority by giving a special Order and Warrant to the said Sir George Lockhart to consult and and plead for him in the said Criminal Process conform to the tenor of the said Acts of Parliament and constant known practice in the like Cases which was never refused to any Subject of the meanest quality even to the greatest Criminals And your Royal Highness's and Lordships Answer is humbly craved Edinburgh Novemb. 24. 1681. The Councils Answer to the Earl of Argyle 's second Petition HIS Royal Highness His Majesties High Commissioner and Lords of Privy Council having considered the foresaid Petition do adhere to their former Order allowing Advocates to appear for the Petitioner in the Process foresaid Extr. By me Will. Paterson The Earl of Argyle 's Letter of Attorney constituting Alexander Dunbar his Procurator for requiring Sir George Lockhart to plead for him WE Archibald Earl of Argyle do hereby substitute constitute and ordain Alexander Dunbar our Servitor to be our Procurator to pass and require Sir George Lockhart Advicate to consult and plead for us in the Criminal Process intended against us at the instance of His Majestics Advocate and to compear with us before the Lords Commissioners of Justitiary upon the 12th of December next conform to an Act of Council dated the 22d of Novemb. instant allowing any Lawyers that we should employ to consult and plead for us in the said Process and to another Act of Council of the 24th of Novemb. instant relative to the former and conform to the Acts of Parliament In witness whereof we have Subscribed these presents at Edinburgh-Castle Nov. 26. 1681. before these Witnesses Duncan Camphell Servitor to James Glen Stationer in Edinburgh and John Thom Merchant in the said Burgh ARGYLE Witnesses Duncan Camphell John Thom Witnesses An Instrument whereby the Earl of Argyle required Sir George Lockhart to appear and plead for him Apud Edenburgum vigesimo sexto die Mensis Novembris Anno Domini millesimosex centesimo octuagesimo primo Anno Regni Car. 2. Regis trigesimo tertio THE which day in presence of me Notar publick and Witnesses under subscribed compeared personally Alexander Dunbar Servitor to a Noble Earl Archibald Earl of Argyle as Procurator and in name of the said Earl conform to a Procuration subscribed by the said Earl at the Castle of Edinburgh upon the twenty first day of November 1681. making and constituting the said Alexander Dunbar his Procurator to the effect under-written and past to the personal presence of Sir George Lockhart Advocate in his own Lodging in Edinburgh having and holding in his hands an Act of His Majesties Privy Council of the date the 22d of November 1681. instant proceeding upon a Petition given in by the said Earl of Argyle to the said Lords shewing That he being Criminally Indicted before the Lords Commissioners of Justitiary at the instance of His Majesties Advocate for Crimes of an high Nature and whereas in that Case no Advocates would readily plead for the said
Earl unless they had his Royal Highness's and their Lordships special License and Warrant to that effect which is usual in the like Cases And by the said Petition humbly supplicated that his Highness and the Council would give special Order and Command to the said Sir George Lockhart the said Earls ordinary Advocate to consult and plead for him in the foresaid Criminal Process without incurring any hazard upon that account His Royal Highness and Lords of the said Privy Council did refuse the desire of the said Petition but allowed any Lawyers the Petitioner should employ to consult and plead for him in the Process of Treason and other Crimes to be pursued against him at the instance of His Majesties Advocate And also the said Alexander Dunbar having and holding in his hands another Act of the said Lords of Privy Council of the date the 24th of the said month relative to and narrating the said first Act and proceeding upon another supplication given in by the said Earl to the said Lords craving That his Royal Highness and the said Lords would interpose their Authority by giving a positive and special Order and Warrant to the said Sir George Lockhart to consult and plead with him in the foresaid Criminal Process conform to the tenor of the Acts of Parliament mentioned and particularized in the said Petition and frequent and known practice in the like cases which was never refused to any Subjects of the meanest quality His Royal Highness and Lords of Privy Council having considered the foresaid Petition did by the said Act adhere to their former Order allowing Advocates to appear for the said Earl in the Process foresaid as the said Acts bear and produced the said Acts and Procuratory foresaid to the said Sir George Lockhart who took the same in his hands and read them over successive and after reading thereof the said Alexander Dunbar Procurator and in name and behalf foresaid solemnly required the said Sir George Lockhart as the said Noble Earls ordinary Advocate and as a Lawyer and Advocate upon the said Earls reasonable expence to consult and advise the said Earls said Process at any time and place the said Sir George should appoint to meet thereupon conform to the foresaid two Acts of Council and Acts of Parliament therein mentioned appointing Advocates to consult in such matters which the said Sir George Lockhart altogether refused Whereupon the said Alexander Dunbar as Procurator and in Name foresaid asked and took Instruments one or more in the hands of me Notary publick undersubscribed And these things were done within the said Sir George Lockhart's Lodging on the South side of the Street of Edinburgh in the Lane-Mercat within the Dining-room of the said Lodging betwixt Four and Five hours in the Afternoon Day Month Year Place and of His Majesties Reign respective foresaid before Robert Dicksone and John Lesly Servitors to John Camphell Writer to His Majesties Signet and Dowgall Mac. Alester Messenger in Edinburgh with divers others called and required to the Premisses Ita esse Ego Johannes Broun Notarius publicus in Premissis requisitus Attestor Testantibus his meis signo subscriptione manualibus solitis consuetis Broun Witnesses Robert Dicksone Dowgall Mac. Alester John Lesly Decemb. 5. 1682. The Opinion of divers Lawyers concerning the Case of the Earl of Argyle WE have considered the Criminal Letters raised at the instance of His Majesties Advocate against the Earl of Argyle with the Acts of Parliament contained and narrated in the same Criminal Letters and have compared the same with a Paper or Explication which is libelled to have been given in by the Earl to the Lords of His Majesties Privy-Council and owned by him as the sense and explication in which he did take the Oath imposed by the late Act of Parliament Which Paper is of this tenor I have considered the Test and am very desirous to give chedience as far as I can c. And having likewise considered that the Earl after he had taken the Oath with the explication and sense then put upon it it was acquiesced to by the Lords of Privy-Council and he allowed to take his place and to sit and Vote And that before the Earls taking of the Oath there were several papers spread abroad containing objections and alledging inconsistencies and contradictions in the Oath and some thereof were presented by Synods and Presbyteries of the Orthodox Clergy to some of the Bishops of the Church It is our humble Opinion that seeing the Earls design and meaning in offering the said Explication was allenarly for the clearing of his own Conscience and upon no facrious or seditious design and that the matter and import of the said paper is no contradiction of the Laws and Acts of Parliament it doth not at all import any of the Crimes libelled against him viz. Treason Leasing making depraving of His Majesties Laws or the Crime of Perjury but that the glosses and inferences put by the Libel upon the said paper are altogether strained and unwarrantable and inconsistent with the Earls true design and the sincerity of his meaning and intention in making of the said Explication Wednesday the 12th of December the day of compearance assigned to the Earl being now come he was brought by a guard of Souldiers from the Castle to the place appointed for the Trial and the Justice Court being met and fenced the Earl now Marquess of Queensberry then Justice-General the Lords Nairn Collingtoun Forret Newtoun and Hirkhouse the Lords of Justitiary sitting in Judgment and the other formalities also performed the Indictment above set down Num. 24. was read and the Earl spoke as follows The Earl of Argyle's Speech to the Lord Justice General and the Lords of the Justitiary after he had been arraigned and his Indictment read My Lord Justice General c. I Look upon it as the undeniable priviledge of the meanest Subject to explain his own words in the most benign sense and even when persons are under an ill Character the misconstruction of words in themselves not ill can only reach a presumption or aggravation but not any more But it is strange to alledge as well as I hope impossible to make any that know me believe that I could intend any thing but what was honest and honourable suitable to the Principles of my Religion and Loyalty tho I did not explain my self at all My Lord I pray you be not offended that I take up a little of your time to tell you I have from my Youth made it my business to serve His Majesty faithfully and have constantly to my power appeared in his Service especially in all times of difficulty and have never joined nor complied with any Interest or Party contrary to His Majesties Authority and have all along served him in his own way without a frown from His Majesty these thirty years As soon as I passed the Schools and Colledges I went to travel to France and Italy and
hours without intermission it adjourned till the next day being Tuesday the 13th of December at Two of the Clock in the Afternoon And then the Earl being again brought to the Bar the following Interloquutour that is Judgment and Sentence of the Lords of Justitiary on the foregoing debate was read and pronounced in open Court Edinburgh December 12. 1681. The Interloquutour of the Lords of Justitiary THE Lords Justice General and Commissioners of the Justitiary having considered the Libel and Debate they sustain the defence proponed for the Earl of Argyle the Pannel in relation to the perjury Libelled viz. That he emitted this Explanation at or before his taking the Test first before his Royal Highness His Majesties High Commissioner and the Lords of His Majesties Privy Council relevant to elude that Article of the Libel The Lords sustain the Libel as being founded upon the Common Law and Explication Libelled and upon Act 130. Parl. 8. James VI. to infer the pain of Treason They likewise sustain the Libel as founded upon the 10. Act Parl. 10. James VI. to infer the pain of Death and likewise sustain that part of the Libel anent Leasing making and Leasing-telling to infer the particular pains mentioned in the several Acts Libelled And repel the whole other defences duplies and quadruplies and remits the Libel with the defences anent the Perjury to the knowledge of an Assize Thereafter the Assize that is the Jury being constitute and sworn viz. List of the Assizers Marquiss Montross E. Middleton E. Airlie E. Perth P. Cr. E. Dalhousie E. Roxburgh P. C. E. Dumfries E. Linlithgow P. Cr. Lord Lindoors Lord Sinclare Lord Bruntisland Laird of Gosfoord Laird of Claverhouse Laird of Balnamoon Laird of Park Gordon HIS Majesties Advocate adduced four Witnesses to prove the points of the Indictment remitted to the knowledge of the Assize viz. John Drummond of Lundie then Governour of the Castle of Edinburgh now Treasurer Deputy Sir William Paterson and Mr. Patrick Menzies Clerks of the Privy Council and H. Stevenson their under Clerk Who deponed That on the 4th of November the Earl did give in an unsubscribed Explanation of the Test which he refused to sign One of the Witnesses also adding That he heard him make the same Explanation the day before in Council and that it was there accepted Then His Majesties Advocate asked if the Earl would make use of his Exculpation for eliding the Perjury Libelled to wit That he had emitted the same Explanation before taking the Test in presence of his Royal Highness and the Council To which the Earl answered That seeing they had sustain'd the Libel as to the alledged Treason he would not trouble them about the Perjury especially the matter of Fact referred by the Interloquutour to his probation being of it self so clear and notour Fut the truth is the Interloquutour pronounced was so amazing that both the Earl and his Advocates were struck with deep silence for they plainly perceived that after such a Judgment in the case all further endeavours would be in vain it being now manifest that seeing the Earls innocence had so little availed as that his plain and honest words purely uttered for the necessary satisfaction of his own conscience and clearing of his Loyalty had been construed and detorted to infer Leasing-making Depraving and Treason the Tongues of men and Angels as some of his Advocates also said could not do any good and therefore neither did the Earl nor they object any thing either against the Assizers or Witnesses though liable to obvious and unanswerable exceptions Nor did the Earls Advocates say any thing to the Assize as the custom is and as in this case they might well have done to take off the force of the Evidence and to demonstrate that the Depositions instead of proving the Indictment did rather prove the Earls defences But as I have said they now plainly saw that all this had been unnecessary work and in effect were of opinion that after so black and dreadful a sence put upon what the Earl had spoke and done in such fair and favourable circumstances there could be nothing said before such a Court which might not expose themselves to the like hazard and more easily be made liable to the same mis-construction But upon this silence the Advocate taking Instruments protests whether in form only or from a real fear let others judge for an Assize of Error in case the Assizers should Assoil or acquit Whereupon the Assize removing was inclosed and after some time returned their Verdict which was read in open Court of this tenour The Verdict of the Assize THE Assize having Elected and Chosen the Marquess of Montrose to be their Chancellor they all in one voice find the Earl of Argyle guilty and culpable of the Crimes of Treason Leasing-making and Leasing-telling And find by plurality of Votes the said Earl innocent and not guilty of Perjury And then the Court again adjourned And the Privy-Council wrote the following Letter to His Majesty Halyrud-House December 14. 1681. The Councils Letter to the King desiring leave to pronounce Sentence against the Earl of Argyle May it please Your Sacred Majesty IN Obedience to Your Majesty's Letter dated the 15th of November last we ordered Your Majesty's Advocate to insist in that Process raised at your Instance against the Earl of Argyle And having allowed him a long time for his appearance and any Advocates he pleased to employ and Letters of Exculpation for his Defence He after full Debate and clear Probation was found guilty of Treason Leasing-making betwixt Your Majesty Your Parliament and Your People and the reproaching of Your Laws and Acts of Parliament But because of Your Majesty's Letter ordaining us to send Your Majesty a particular account of what he should be found guilty of before the pronouncing of any Sentence against him we thought it our duty to send Your Majesty this account of our and Your Justices proceedings therein And to signifie to Your Majesty with all Submission That it is usual and most fit for Your Majesty's Service and the Advantage of the Crown that a Sentence be pronounced upon the Verdict of the Assize without which the Process will be still imperfect After which Your Majesty may as you in Your Royal Prudenee and Clemency shall think fit Ordain all farther execution to be sisted during Your Majesty's pleasure Which shall be dutifully obeyed by Your MAJESTY's Most Humble Most Faithful and most Obedient Subjects and Servants Sic Subscribitur Alex. St. And. Athol Douglas Montrose Glencairn Wintoun Linlithgow Perth Roxburgh Dumfries Strathmore Airlie Ancram Livingstoun Jo. Edinburgens Elphingstoun Dalziell Geo. Gordon Ch. Maitland Geo. Mckenzie G. Mckenzie Ramsay J. Drummond THE Earl as well as the Lords of Privy Council waited some days for the Answer of this Letter But the Earl making his escape a day or two before it came I shall take occasion to entertain you in the mean time with an account of
but not at all by the Main-guard and then after the great Gate was opened and the lower Guard drawn out double to make a Lane for his Company one of the Guard who opened the Gate took him by the Arm and viewed him but it pleased God he was not discerned When he was out he was not fully resolved whither to go Home he had judged safest but he thought it might breed Mistakes and Trouble that he designed not So he resolved to go for England and to take the Road That by Post he might be His Majesty's first informer of his escape But being disappointed of Horses that he expected he found that the notice of his escape was got before him and soon after as he came the length of Newcastle heard that His Majesty had given way to pronounce Sentence against him according as he had apprehended from the circumstances and other grounds I have told you which made him judge it would be an undiscreet presumption in that state to offer himself to his Majesty while he knew none durst address him and so he rather chused to shift in the wide World till His Majesty might be at some greater freedom both to understand his Case and apply suitable Remedies His Majesty's clear and excellent understanding and gracious and benign disposition do fully assure him that His Majesty doth not in His thoughts charge him with the least Disloyalty and that he hath no Complacence in his ruine But if His Majesty do at present lye under the pressure of some unlucky influences not so easie to his Royal inclinations the Earl it seems thinks it reasonable to wait patiently for a better opportunity It may indeed appear strange that Innocence and Honour oppressed in his Person almost beyond a parallel should not ere now have constrained him to some publick Vindication especially when to the horrid Sentence given against him his Adversaries have further prevailed to cause His Majesty dispose not only of his Heritable Offices and Jurisdictions the pretended eye-sore but also upon his whole Estate and Fortune with as little consideration of the Earl's personal Interest as if he had fallen for the blackest Treason and most atrocious Perduellion But besides that some things are of themselves so absurdly wicked that all palliating pretences do only render them the more hateful and the very simple hearing doth strike with an horrour not to be heightned by any representation Next that the Earl being so astonishingly overtaken for words as fairly and honestly uttered as he could possibly devise doth with reason apprehend that there is nothing he can say in this matter though with the serenest mind and in the greatest truth and fobriety that may not be construed to flow from a design to lay blame where hitherto he hath been tender to give any ground of offence I say besides these things he is withal I know most firmly persuaded That if ever he shall have the happiness to be once heard by His Majesty and in his presence allowed to explain a few Particulars in Duty here omitted His Majesty's Justice and Goodness will quickly dispel all the Clouds that now hang over him and restore him to that favour wherein he hath sometime reckoned himself very happy and which he will ever be most ready to acknowledg And therefore all that in the mean time he judged necessary or would give way to was that for preserving the remembrance of so odd a Transaction until a more seasonable juncture some Memorials should be drawn and deposited in sure keeping which being grown under my hand unto this Narrative I thought I could not better observe his Order than by transmitting it to your faithful custody I have carefully therein observed the Truth in point of fact avouching nothing but upon the best and clearest evidence can possibly be expected nor have I as to the manner licenced or indulged my self in any severity of expression which I thought could be justly in such a case omitted without betraying the Cause Yet if you now or any other hereafter shall judge that I do sometime exceed let it not be imputed to him for as he did indeed charge me to guard against any more warm or vehement expression than the merit and exigence of the subject do indispensibly require so I am assured that he silently and patiently waits on the Lord committing his way to him and trusting in him that he may bring it to pass and that He shall bring forth his righteousness as the light and his judgment as the noon-day POSTSCRIPT SIR HAving in this Narrative sometimes adduced as you have seen the Advocate 's own Authority ad hominem I shall here as I promised subjoin such passages out of his Printed Book as though they deserved not a place above may yet make a pertinent Postscript And omitting what in that Book called The Laws and Customs of Scotland in Matters Criminal he frequently repeats from the known grounds of Law of the nature of Crimes and the design of Criminal Laws viz. That as there can be no Crime without a fraudulent purpose either apparent or proven So it was the design of Lawgivers only to punish such Acts as are designedly malicious I desire you only to consider the particulars following And 1. Pag. 11. l. 7. of his Book of Criminals having made the question Whether what tends to a Crime not perfected doth fall under the Statue or Law by which that Crime to which it approaches is punished He instances in the Crime of Misconstruing His Majesty's Government and Proceedings or depraving his Laws which as he says is punishable by death Ja. 6. Par. 10. Act 10. And then further moves Whether Papers as tending to misconstrue His Majesty's Proceedings and Government or bearing insinuations which may raise in the people jealousy against the Government be punished by that Law Which being one of the great Crimes pretended and libelled against the Earl I shall here omitting his Reasons in the affirmative which have not the least ground in the Earl's Case as you have heard represent to you how exactly he himself and others have acted for the Earl's overthrow all these dangerous and pernicious things from which he argues in the Negative His words then are these And that such insinuations and tendencies are not punished criminally He says 1. It is the interest of mankind to know expresly what they are to obey especially where such great Certifications are annexed as in Crimes 2. The Law having taken under its consideration this guilt has punished the actual misconstruing or depraving but has not declared such insinuations or tendencies punishable Et in statutis casus omissus habetur pro omisso 3. This would infallibly tend to render all Judges Arbitrary for tendencies and insinuations are in effect the product of conjecture and Papers may seem innocent or criminal according to the zeal or humour as well as malice of Judges Men being naturally prone to differ in such consequential inferences
rather inclined to desire that a Party accused should be found guilty than that he should be declared innocent if he be so in truth Doubtless the King ought to wish in all Enquiries made after Treason Felonies c. that there were none to be found in his Kingdom and that whosoever is accused might be able to answer so well and truly for himself as to shew the Accusation to be erroneous or false and to be acquitted of it Something of this appears in the common Custom of England that the Clerks of the King's Courts of Justice when any man hath pleaded Not guilty to an Indictment prays forthwith that God would send him a good deliverance The destruction of every Criminal is a loss to a Prince and ought to be grievous to him in the common regard of humanity and the more particular Relation of his Office and the name of Father The King's Interest and Honour is more concerned in the protection of the Innocent than in the punishment of the Guilty This Maxime can never run them into excesses for it hath ever been lookt upon as a mark of great Wisdom and Vertue in some Princes and States upon several occasions to destroy all Evidences against Delinquents and nothing is more usual than to compose the most dangerous Distempers of Nations by Acts of general Amnesty which were utterly unjust if it were as great a Crime to suffer the Guilty to escape as to destroy the Innocent We do not only find those Princes represented in History under odious Characters who have basely murthered the Innocent but such as by their Spies and Informers were too inquisitive after the Guilty whereas none was ever blamed for Clemency or for being too gentle Interpreters of the Laws Tho Trajan was an excellent Prince endowed with all heroical Virtues yet the most Eloquent Writers and his best Friends found nothing more to be praised in his Government Tacit. lib. 1. Hist than that in his time all men might think what they pleased and every man speak what he thought and he had no better way of distinguishing himself from his wicked Predecessors than by hanging up the Spies and Informers whom they had employed for the discovery of Crimes But if the punishment of Offenders were as universally necessary as the protection of the Innocent he were as much to be abhorred as Nero and that Clemency which is so highly praised were to be lookt upon as the worst of Vices and those who have hitherto been taken for the best of Princes were altogether as detestable as the worst Moreover all humane Laws were ordained for the preservation of the Innocent and for their sakes only are punishments inflicted that those of our own Country do solely regard this was well understood by Fortescue who saith Fort. de Laud. Leg. Ang. ch 27. Indeed I could rather wish Twenty Evil-doers to â—â—ape death through pity than one man to be unjustly condemned Such Blood hath cried to Heaven for Vengeance against Families and Kingdoms and their utter destruction hath ensued If a Criminal build be acquitted by too great lenity caution or otherwise he may be reserved for future Justice from Man or God if be doth not repent but 't is impossible that satisfaction or reparation should be made for innocent Bloodshed in the forms of Justice Without all question the King 's only just Interest in the Evidence given against the Party accused and in the manner of taking it is to have the truth made manifest that Justice may thereupon be done impartially And if Accusations may be first examined in secret more strictly and exactly to prevent Fraud and Perjury than is possible to be done in open Court as hath before appeared then 't is for the King's benefit to have it so And nothing done in or by a Court about the Trial of the Accused is for the King in the sense of our Law unless it some way conduce to Justice in the case The Witnesses which the Prosecutor brings are no further for the King than they tell the truth and the whole truth impartially and by whomsoever any others may be called upon the Enquiry or the Trial to be examined if they sincerely deliver the truth of the matters in question they are therein the King's Witnesses though the Accused be acquitted by reason of their Testimonies If such as are offered by the Attorny-General to prove Treason against any man shall be found to swear falsly maliciously or for Reward or Promises though they depose positively Facts of Treason against the Accused yet they are truly and properly Witnesses against the King by endeavouring to prevent Justice and destroy his Subjects Their Malice and Villany being confessed or proved the King's Attorney ought ex Officio to prosecute them in the King's Name and at his Suit for their Offences against him in such Depositions pretended to have been for him and the legal Form of the Indictment ought to be for their swearing falsly and maliciously against the Peace of the King his Crown and Dignity The Prosecutors themselves notwithstanding their big words and assuming to themselves to be for the King if their Prosecution shall be proved to be malicious or by Conspiracy against the Life or Fortune of the Accused they are therein against the King and ought to be indicted at the King's Suit for such Prosecutions done against His Crown and Dignity And if an Attorney-General should be found knowingly guilty of abetting such a Conspiracy his Office could not excuse or legally exempt him from suffering the villanous Judgment to the destruction of him and his Family 'T is esteemed in the Law one of the most odious Offences against the King to attempt in his Name to destroy the Innocent for whose Protection he himself was ordained Queen Elizabeth had the true sense of our Law when the Lord Burleigh Co. Inst 3d part p. 79. upon Sir Edward Coke her then Attorney's coming into her presence told her This is he who prosecutes pro Domina Regina for our Lady the Queen and She said she would have the form of the Records altered for it should be Attornatus Generalis qui pro Domina veritate sequitur The Attorney-General who prosecutes for our Lady the Truth Whoever is trusted in that employment dishonours his Master and Office if he gives occasion to the Subjects to believe that his Master seeks other profits or Advantages by Accusations than the common Peace and Welfare He ought not to excite a jealousie in any of their minds that confiscations of Estates are designed or desired by any of the King's Ministers whosoever makes such advantages to the Crown their principal aim in accusing are either Robbers and Murtherers in the Scripture-sense in seeking innocent Blood for gain or in the mildest Construction supposing the Accusation to be on good grounds they shew themselves to be of corrupt minds and a scandal to their Master and the Government Profit or loss of
days neither one way nor another never knew any suâ—â— persons nor ever had such Communication with any man hitherto I know of no Plot in the World but the Popish Plot and that every man may know as much as I. If I had had such a design as these men have sworn against me to have seiz'd his Majesty either at London or this place at Oxford I take God to witness as I 'm a dying man and upon the terms of my Salvation I know not any one man upon the face of the Earth that would have stood by me and how likely it was that I should do such a thing my self let the whole World judge Dugdale swears That I spoke Treason to him treasonable words in the Coffee-house and in the Barbers shop by the Angel even he could not pretend to see me any where else but it is false and a very unlikely thing that I should speak Treason to him I must confess I was in his company at the Coffee-house and that Barbers shop before I went out of Town but there could be no Communication between us for he was writing at one end of the Room and eating a piece of bread and I lighted a Pipe of Tobacco at the other end and took it till Sir Tho. Player and Sir Rob. Clayton came to me and we went to my Lord Lovelace's out of Town that night so when they came we took horse and went out of Town with the rest For my part I can't sum up my Witnesses I was under most strange Circumstances as ever any man was I was kept Prisoner so close in the Tower that I could have no Conversation with any though I was certain the Popish Lords had it every day there but I could have none I could not tell the Witnesses that were to swear against me I could not tell what it was they swore against me for I could have no Copy of the Indictment nor no way possible to make any preparation to make my Defence as I ought to have done and might have done by Law I had no liberty to do any thing as I am a dying man And as to what Dugdale Smith Turbervile and Heyns swore against me they did swear such Treason that nothing but a mad man would ever have trusted any body with and least of all to Papists every one of them that had been concerned with Plots and Treasons among their own party and under the greatest Tyes and Obligations of Damnation and to be Sainted if they kept it secret and to be damned if they revealed it If these men will not keep things secret for their own Party how could I trust them I take God to witness and do freely acknowledge I have sought my God with Tears several times to inform me if so be I had with any word transgressed at any time I knew not of any part of what they swore against me till such time as I heard it swore against me at the Bar. This is very hard Gentlemen but this is the Truth And there be a great many other strange Reports that I have heard since I have been a Prisoner That I should be a means to convert the Countess of Rochester by bringing one Thompson a Priest to her Truly all that I was concerned in was some fifteen or sixteen years ago I lodged at Col. Vernon's that married my Lady Brookes The Family were Papists the Brookes were Papists and there was this Thompson and I did suppose him a Priest in the House though I never saw him at Popish Service or Worship though I was there half a year but coming afterwards to my Lord Rochester's about some business I had to do for him and several other persons of Quality he sent for me one afternoon from the Parsonage in Adderbury to his House and his Lady and he stood together He sent to me and ask'd me if my Horse were at home said he I would have you carry this Letter to Mr. Thompson if you are at leisure this afternoon My Lord I am at leisure to serve you So I took a Letter from his hand and his Lady 's too as I remember he made an offer that way sealed with his own Seal and carried it to Thompson and delivered it to him and he told me that he would wait upon my Lord for it was for some Lands my Lord did offer to raise Money for some occasions This is the Truth of that Scandal It is said that I had a Priest several years in my House viz. Serjeant that came over from Holland to discover About some ten years ago that very same man came to me but was a stranger to me and he came to me by the name of Dr. Smith a Physician and there was an Apothecary in the Old-baily and a Linnen-draper within Ludgate that came with him they brought him thither and took a Chamber and lay about half a year or three quarters at times by the name of Dr. Smith and as a Physician This is the Truth of that and no otherwise This is the Entertainment of Serjeant So the occasion of my coming to Oxford I do say was voluntary The Parliament-men last Parliament at Westminster and several Lords dined together the day before they sate the last Sessions of Parliament at Wistminster they sent for me to the Sun-Tavern behind the Exchange and when I came the Duke of Monmouth and several Lords were together and I believe above a hundred Parliament-men of the Commons The Duke of Monmouth called me to him and told me he had heard a good Report of me and that I was an honest man and one that may be trusted and they did not know but their Enemies the Papists might have some design to serve them as they did in King James's time by Gun-powder or any other ways And the Duke with several Lords and Commons did desire me to use my utmost skill in searching all places suspected by them which I did perform and from thence I had as I think the popular name of the Protestant Joyner because they had intrusted me before any man in England to do that Office The same Haynes one of them that swore against me had discovered to me and several others as to Macknamar and his Brother and this Ivy who are now all of another stamp That the Parliament was to be destroyed at Oxford and that there was a design to murther my Lord Shaftsbury by Fitzgerald and his Party and that they did endeavour to bring Macknamar over to him and said Then it would be well with him and they would not be long before they had Shaftsbury's life And he made Depositions of this to Sir Geo. Treby as I heard afterwards for I was not with him when it was sworn I wish the Commons of England as well as I wish my own heart and I did not understand but when I serv'd the Parliament I serv'd his Majesty too and let them be miserable that make the Difference
that detain Church-Lands especially since the Papists themselves â—ehâ—mently accuse King Henry the eighth for sacrilegiously robbing of Religious Houses and seising of their Lands a great pâ—â—t of which Lands are to this very day possess'd by Papists Now though there may be some Plea for the Popes Authority in the interim of a general Council and in such things wherein they have made no determination yet in this matter there is no colour for any pretences since the Council of Trent was actually assembled within sew years after these Alienations and expresly condemned the possessors of Abby Lands and after all this was all consirm'd and ratified by the Pope himself in his Bulla Super conf gen Concil Trid. A. D. 1564. And tho' we have here the Judgment of the infallible See as to this matter in the Consirmation of the Trent Council yet because there be some that magnifie the Popes extravagant and unlimited power over the Church and pretend that he confirm'd the Abby-Lands in England to the Lay-possessors of them I shall shew Secondly That the Pope neither hath nor pretends to any such Power nor did ever make use of it in this matter under debate only I shall premise that whereas some part of the Canon Law seems to allow of such particular alienations as are made by the Clerks and Members of the Church with the consent of the Bishop yet such free consent was never obtained in England and as to what was done by force fraud and violence is of so little moment as to giving a legal Title that even the alienations that were made by Charles Martell who is among the Papists themselves as infamous for Sacriledge as King Henry the Eighth yet even his Acts are said to be done by a Council of Bishops as is acknowledg'd by Dr. Johnston in his assurance of Abby Lands p. 27. I shall proceed to shew First That the Pope hath no such power as to confirm these Alienations and this is expresly determined by the infallible Pope Damasus in the Canon-Law Caus 12.9.2 c. 20. The Pope cannot alienate Lands belonging to the Church in any manner or for any necessity whatsoever both the buyer and the seller lie under an Anathema till they be restored so that any Church-man may oppese any such Alienations and again require the Lands and Profits so Alienated So that here we have a full and express Determination of the infallible See And tho in Answer to this it is urg'd by Dr. Johnston that this Canon is with small difference published by Binius in the Councils and so as to confine it to the suburbicacy Diocess of Rome yet that this Answer is wholly trivial will appear First Because if the Bishop of Rome hath no Authority to confirm such alienations in his own peculiar Diocess where he hath most power much less can he do it in the Provinces where his power is less Secondly That in all Ecclesiastical Courts of the Church of Rome it is not Binius's Edition of the Councils but Gratian's Collection of Canons that is of Authority in which Book these words are as here quoted Thirdly Since this Book of the Popes Decree hath been frequently reprinted by the Authority and Command of several Popes and constantly used in their Courts this is not to be look'd upon as a Decree of Pope Damasus only but of all the succeeding Popes and in the opinion of F. Ellis Sermon before the King Decem. 5. 1686. p. 21. what is inserted in the Canon Law is become the whole Judgment of the whole-Church Fourthly It 's absolutely forbid by Pope Gregory the Thirteenth in his Bull presixed before the Canon-Law A. D. 1580. for any one to add or invert any thing in that Book So that according to this express Determination in the Popes own Law the Bishops of Rome have no power to confirm any such Alienations as have been made in England and agreeable to all this Pope Julius the Fourth the very person that is pretended to have confirm'd these Alienations declar'd to our English Ambassadors that were sent upon that Errand That if he had Power to grant it he would do it most readily but his Authority was not so large F. Paul's H. of Council of Trent Lond. A. D. 1629. And therefore all Confirmations from the Bishop of Rome are already prejudg'd to be invallid and of no force at all Secondly No Bishop of Rome did ever confirm them The Breve of Pope Julius the Third which gave Cardinal Pool the largest powers towards the effecting this had this express limitation Salvo tamen in his quibus propttr renem magnitudinem gravitatem haec Sancta sedes merito tibi videtur consulenda nostro prefatae sedis beneplacito confirmatione i. e. Saving to us in these matters in which by reason of their weight and greatness this Holy See may justly seem to you that of right it ought to be consulted the good pleasure and confirmation of us and of the holy See which is the true English to that Latin and that this whole Kingdom did then so understand these words is evident from the Ambassadors that were sent to Rome the next Spring Viz. Viscount Moitecute Bishop of Ely and Sir Edward Carn These being one to represent every state of the Kingdom to obtain of him a Confirmation of all those Graces which Cardinal Pool had granted Burnet's H. Ref p. 2. f. 300. So that in the esteem of the whole Nation what the Cardinal had done was not valid without the Confirmation of the Pope himself Now this Pope Julius and the next Marcellus both died before there is any pretence of any Confirmation from Rome but this was at length done by Pope Paul the Fourth is pretended and for proof of it three things are alledged First The Journals of the House of Commons where are these words After which was read a Bill from the Popes Holiness confirming the doing of my Lord Cardinal touching the assurance of Abby Lands c. Secondly a Bull of the same Pope to Sir Will Peters Thirdly The Decrees of Cardinal Peol and his Life by Dudithius To all which I answer First That it s confess'd on all hands that there is no such Bull or Confirmation by Pope Paul the Fourth to be any where found in the whole World not any Copy or Transcript of it not in all the Bullaria nor our own Rolls and Records tho' it be a matter of so great moment to the Roman Catholicks of England and what cannot be produced may easily be denied Nor can it be imagined that a Journal of Lay-persons that were parties concerned or a private Bull to Sir Will Peters or some hints in the Decrees and Life of the Cardinal will be of any moment in a Court at Rome whensoever a matter of that vast consequence as all the Abby Lands in England shall come to be disputed especially if it be observed that this very Journal of the House of Commonâ— is
and of which you have seen so fresh an instance that we need not put you in mind of it You know how many of your Fellow-Officers have been used for their standing firm to the Protestant Religion and to the Laws of England and you cannot flatter your selves so far as to expect to be better used if those who have broke their word so often should by your means be brought out of those Straits to which they are reduced at present We hope likewise that you will not suffer your selves to be abused by a false Notion of Honour but that you will in the first place consider what you owe to Almighty God and your Religion to your Country to your Selves and to your Posterity which you as Men of Honour ought to prefer to all private Considerations and Engagements whatsoever We do therefore expect that you will consider the Honour that is now set before you of being the Instruments of serving your Country and securing your Religion and We will ever remember the Service you shall do Us upon this Occasion and will promise unto you that We shall place such particular Marks of our Favour on every one of you as your Behaviour at this time shall deserve of Us and the Nation in which we will make a great Distinction of those that shall come seasonably to join their Arms with ours and you shall find us to be Your Well-wishing and Assured Friend W. H. P. O. Prince George 's Letter to the King SIR WITH a Heart full of Grief am I forced to Write what Prudence will not permit me to say to your Face And may I e'er find Credit with your Majesty and protection from Heaven as what I now do is free from Passion Vanity or Design with which Actions of this Nature are too often accompanied I am not ignorant of the frequent Mischiefs wrought in the World by factious pretences of Religion but were not Religion the most justifiable Cause it would not be made the most specious pretence And your Majesty has always shewn too uninterested a Sense of Religion to doubt the just Effects of it in one whose Practices have I hope never given the World cause to censure his real conviction of it or his backwardness to perform what his Honour and Conscience prompt him to How then can I longer disguise my just Concern for that Religion in which I have been so happily Educated which my Judgment throughly convinces me to be best and for the Support of which I am so highly interested in my Native Country And is not England now by the most endearing Tie become so Whilst the restless Spirits of the Enemies of the REFORMED RELIGION back'd by the cruel Zeal and prevailing Power of France justly alarm and unite all the Protestant Princes of Christendom and engage them in so vast an Expence for the support of it can I act so degenerous and mean a part as to deny my Concurrence to such worthy Endeavours for disabusing of your Majesty by the Reinforcement of those Laws and Establishment of that Government on which alone depends the well-being of your Majesty and of the PROTESTANT RELIGION in Europe This Sir is that irresistible and only Cause that cou'd come in Competition with my Duty and Obligations to your Majesty and be able to tear me from You whilst the same Affectionate Desire of serving You continues in me Could I secure your Person by the Hazard of my Life I should think it could not be better Employed And wou'd to God these Your distracted Kingdoms might yet receive that satisfactory Compliance from your Majesty in all their justifiable pretensions as might upon the only sure Foundation that of the Love and Interest of your Subjects establish your Government and as strongly Unite the Hearts of all your Subjects to You as is that of SIR Your Majesty's most Humble and most Obedient Son and Servant The Lord Churchill 's Letter to the King SIR SInce Men are seldom suspected of Sincerity when they act contrary to their Interests and though my dutiful Behaviour to your Majesty in the worst of Times for which I acknowledge my poor Services much over paid may not be sufficient to incline You to a charitable Interpretation of my Actions yet I hope the great Advantage I enjoy under Your Majesty which I can never expect in any other change of Government may reasonably convince Your Majesty and the World that I am acted by a higher Principle when I offer that violence to my inclination and interest as to desert Your Majesty at a time when your Affairs seem to challenge the strictest Obedience from all your Subjects much more from one who lies under the greatest personal Obligations imaginable to Your Majesty This Sir could proceed from nothing but the inviolable Dictates of my CONSCIENCE and a necessary concern for my RELIGION which no good man can oppose and with which I am instructed nothing ought to come in Competition Heaven knows with what partiality my dutiful Opinion of Your Majesty hath hitherto represented those unhappy Designs which inconsiderate and self-interested men have framed against Your Majesty's true Interest and the Protestant Religion But as I can no longer joyn with such to give a pretence by Conquest to bring them to effect so will I always with the hazard of my Life and Fortune so much your Majesty's due endeavour to preserve Your Royal Person and Lawful Rights with all the tender Concern and dutiful Respect that becomes SIR Your Majesty's most Dutiful and most Obliged Subject and Servant The Princess Ann of Denmark 's Letter to the Queen Madam I Beg your pardon if I am so deeply affected with the surprising News of the Princes being gon as not to be able to see You but to leave this Paper to Express my humble Duty to the King and your Self and to let You know that I am 〈◊〉 to absent my self to avoid the King's Displeasure which I am not able to bear â—ur ther against the Prince or my Self And I shall stay at so great a distance as not to return before I hear the happy News of a Reconcilement And as I am confident the Prince did not leave the King with any other design than to use all possible means for His Preservation so I hope You will do me the Justice to believe that I am uncapable of following Him for any other End Never was any one in such an unhappy Condition so divided between Duty and Affection to a Father and a Husband and therefore I know not what to do but to follow one to preserve the other I see the general falling off of the Nobility and Gentry who avow to have no other end than to prevail with the King to secure their Religion which they saw so much in danger by the Violent Counsels of the Priests who to promote their own Religion did not care to what dangers they exposed the King I am fully perswaded that the Prince of
time acquaint his Highness with what we have further done at that Meeting Dated at Guild-hall the 11th of December 1688. A Paper delivered to his Highness the Prince of Orange by the Commissioners sent by his Majesty to treat with him And his Highness's Answer WHereas on the 8th of December 1688. at Hungerford a Paper signed by the Marquess of Hallifax the Earl of Nottingham and the Lord Godolphin Commissioners sent unto us from His Majesty was delivered to Us in these Word following viz. Sir THE King commanded us to acquaint You That he observeth all the Differences and Causes of Complaint alledged by Your Highness seem to be referred to a Free Parliament His Majesty as He hath already declared was resolved before this to call one but thought that in the present State of Affairs it was advisable to defer it till things were more compos'd Yet seeing that His People still continue to desire it He hath put forth His Proclamation in order to it and hath issued forth His Writs for the calling of it And to prevent any Cause of Interruption in it He will consent to every thing that can be reasonably required for the Security of all those that shall come to it His Majesty hath therefore sent Us to attend Your Highness for the adjusting of all Matters that shall be agreed to be necessary to the Freedom of Elections and the Security of Sitting and is ready immediately to enter into a Treaty in Order to it His Majesty proposeth that in the mean time the respective Armies may be restrained within such Limits and at such a Distance from London as may prevent the Apprehensions that the Parliament may in any kind be disturbed being desirous that the Meeting of it may be no longer delay'd than it must be by the usual and necessary Forms Hungerford Dec. 8. 88. Signed Hallifax Nottingham Godolphin We with the Advice of the Lords and Gentlemen assembled with Vs have in Answer to the same made these following Proposals I. THAT all Papists and such Persons as are not qualified by Law be Disarmed Disbanded and Removed from all Employments Civil and Military II. That all Proclamations which Reflect upon Us or any that have come to Us or declared for Us be recalled and that if any Persons for having so assisted have been committed that they be forthwith set at Liberty III. That for the Security and Safety of the City of London the Custody and Government of the Tower be immediately put into the Hands of the said City IV. That if His Majesty shall think fit to be at London during the Sitting of the Parliament that We may be there also with equal Number of our Guards Or if his Majesty shall please to be in any place from London at what-ever distance he thinks fit that We may be at a place of the same distance And that the respective Armies do remove from London Thirty Miles and that no more Foreign Forces be brought into the Kingdom V. That for the Security of the City of London and their Trade Tilbury Fort be put into the Hands of the said City VI. That to prevent the Landing of French or other Foreign Troops Portsmouth may be put into such Hands as by Your Majesty and Us shall be agreed upon VII That some sufficient part of the Publick Revenue be Assigned Us for the Maintaining of our Forces until the Meeting of a Free Parliament Given at Littlecott the Ninth of December 1688. W. H. Prince of Orange The Speech of the Recorder of Bristol to his Highness the Prince of Orange Monday January the 7th 1688. The Mayor Recorder Aldermen and Commons of the Principal Citizens of the City of Bristol waited upon the Prince of Orange being introduced by his Grace the Duke of Ormond their High-Steward and the Earl of Shrewsbury Where the Recorder spake to this Effect May it please your Highness THE Restitution of our Religion Laws and Liberties and the Freeing us from that Thraldom which hath rendred us for many Years useless and at last dangerous to the Common Interest of the Protestant World by your Highness's singular Wisdom Courage and Conduct are not only a Stupendious Evidence of the Divine Favour and Providence for our Preservation but will be and ought to be an Everlasting Monument of your Highness's Magnanimity and other the Heroick Vertues which Adorn your great Soul by whom such a Revolution is wrought in this Nation as is become the Joy and Comfort of the Present and will be the Wonder of all Succeeding Ages In the Contrivance and Preparation of which great Work your Highness like the Heavens did shed your propitious Influences upon us whilst we slept and had scarce any prospect from whence we might expect our Redemption But as since your happy Arrival in England we did among the first Associate our selves to assist and promote your Highness's most glorious Design with our Lives and Fortunes so we now think our selves bound in the highest Obligation of Gratitude most humbly to present to your Highness our humble and hearty Thanks for this our Deliverance from Popery and Arbitrary Power and likewise for declaring your gracious Intentions That by the Advice of the Estates of this Kingdom you will rectifie the late Disorders in the Government both Ecclesiastical and Civil according to the known Laws The due and inviolable Observation of which will in our poor Opinion be the only proper Means to render the Soveraign Secure and both Soveraign and Subject happy To which his Highness returned a most Gracious Answer By the Commissioners of Lieutenancy for the said City Guild-hall London December the 11th 1688. Ordered THat Sir Robert Clayton Kt. Sir William Russel Kt. Sir Basil Firebrass Kt. and Charles Duncomb Esq be a Committee from the said Lieutenancy to Attend his Royal Highness the Prince of Orange and present to his Highness the Address agreed by the Lieutenancy for that purpose And that they begin their Journey to Morrow Morning By the Commissioners Command Geo. Evans Cl. Lieu. London To His Highness the Prince of Orange The Humble Address of the Lieutenancy of the City of London May it please Your Highness WE can never sufficiently express the deep Sense we have conceived and shall ever retain in our Hearts That Your Highness has exposed Your Person to so many Dangers both by Sea and Land for the Preservation of the Protestant Religion and the Laws and Liberties of this Kingdom without which unparallel'd Undertaking we must probably have suffered all the Miseries that Popery and Slavery could have brought upon us We have been greatly concerned that before this time we have not had any seasonable Opportunity to give Your Highness and the World a real Testimony that it has been our firm Resolution to venture all that is Dear to Us to attain those glorious Ends which Your Highness has proposed for restoring and settling these Distracted Nations We therefore now unanimously present to Your Highness
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
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