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
but Christianity itself that lies at stake For in the Ruine of the Empire the Turks work is done to his hand by breaking down the only Fence that has preserv'd us all this while from the Incursions of the Ottoman Power Now as nothing can be more glorious than at all hazards to hinder the effusion of more Christian Blood and to save Christendom itself from Bondage it is so much our Interest too that we our selves are lost without it And as the Obligation is reciprocal so the Resolution is necessary The choice we have before us being only this Either to unite with our Neighbours for a Common Safety or to stand still and look on the tame Spectators of their Ruine till we fall alone This is so demonstrative that if we do not by a powerful Alliance and Diversion prevent the Conquest of Flanders which lies already a gasping we are cut off from all Communication with the rest of Europe and coop'd up at home to the irrecoverable loss of our Reputation and Commerce for Holland must inevitably follow the Fate of Flanders and then the French are Masters of the Sea Ravage our Plantations and infallibly possess themselves of the Spanish Indies and leave us answerable for all those Calamities that shall ensue upon it which as yet by God's Providence may be timely prevented But he that stills the raging of the Sea will undoubtedly set Bounds to this overflowing Greatness having now as an Earnest of that Mercy put it into the Hearts of our Superiours to provide seasonably for the Common Safety and in proportion also to the Exigence of the Affair knowing very well that things of this Nature are not to be done by halves We have to do with a Nation of a large Territory abounding in Men and Money their Dominion is grown absolute that no Man there can call any thing his own if the Court says Nay to 't So that the sober and industrious part are only Slaves to the Lusts and Ambition of the Military In this Condition of Servitude they feel already what their Neighbours fear and wish as well to any Opportunity either of avoiding or of casting off the Yoke which will easily be given by a Conjunction of England and Holland at Sea and almost infallibly produce these effects First It will draw off the Naval Force of France from Sicily America and else-where to attend this Expedition Secondly The Diversion will be an Ease to the Empire and the Confederates from whence more Troops must be drawn to encounter this Difficulty than the French can well spare Thirdly It will not only encourage those Princes and States that are already engag'd but likewise keep in awe those that are disaffected and confirm those that waver 'T is true this War must needs be prodigiously expensive but then in probability it will be short And in Cases of this Quality People must do as in a Storm at Sea rather throw part of the Lading over-board than founder the Vessel I do not speak this as supposing any difficulty in the Case for the very contemplation of it has put fire into the Veins of every true English-man and they are moved as by a sacred impulse to the necessary and the only means of their Preservation And that which Crowns our hopes is that these generous Inclinations are only ready to execute what the Wisdom of their Superiours shall find reasonable to Command I need not tell you how jealous the People of England are of their Religion and Liberties to what degree they have contended even for the shadow of these Interests nor how much Blood and Treasure they have spent upon the Quarrel Could any Imposture work so much and can any Man imagine that they will be now less sensible when they see before their eyes a manifest Plot upon their Religion their Liberties invaded their Traffick interrupted the Honour and the very Being of their Country at stake their Wives and Children expos'd to Beggary and Scorn and in Conclusion The Priviledge of a Free-born English-man exchanged for the Vassalage of France An ANSWER to a LETTER written by a Member of Parliament in the Country upon the occasion of his Reading of the Gazette of the 11th of December 1679 wherein is the Proclamation for further Proroguing the Parliament till the 11th of November next ensuing SIR I Received your Letter when I was ingaged in much other business which will excuse me that I have not returned an Answer sooner and that is done no better now You desire me to let you know what that Judgment is which my Lord Chancellor acquainted my Lord Mayor and his Brethren with and what my thoughts are upon it And that I may obey you in both I will first Transcribe that Case as it is reported by Justice Crook that being already put into English whereas the Case in Moor is in French MEmorandum That by Command from the King all the Justices of England Cro. Ja. f. 37. Nov. 100. Moor 755. with divers of the Nobility viz. The Lord Ellesmere Lord-Chancellor the Earl of Dorset Lord-Treasurer Viscount Cranbourn Principal Secretary the Earl of Nottingham Lord Admiral the Earls of Northumberland Worcester Devon and Northampton the Lords Zouch Burghley and Knowles the Chancellor of the Dutchy the Arch-bishop of Canterbury the Bishop of London Popham Chief Justice Bruce Masters of the Rolls Anderson Gawdy Walmesley Fenner Kingsmil Warburton Savel Daniel Yelverton and Snigg were assembled in the Star-Chamber where the Lord Chancellor after a long Speech made by him concerning Justices of the Peace and his Exhortation to the Justices of Assize and a Discourse concerning Papists and Puritans declaring how they both were Disturbers of the State and that the King intending to suppress them and to have the Laws put in execution against them demanded of the Justices their Resolutions in three things First Whether the Deprivation of Puritan-Ministers by the High Commissioners for refusing to conform themselves to the Ceremonies appointed by the last Canons was lawful Whereto all the Justices answered That they had conferred thereof before and held it to be lawful because the King hath the Supreme Ecclesiastical Power which he hath delegated to the Commissioners whereby they had the Power of Deprivation by the Canon-Law of the Realm And the Statute of 1 Eliz. which appoints Commissioners to be made by the Queen doth not confer any new Power but explain and declare the Ancient Power And therefore they held it clear That the King without Parliament might make Orders and Constitutions for the Government of the Clergy and might deprive them if they obeyed not And so the Commissioners might deprive them But they could not make any Constitutions without the King And the divulging of such Ordinances by Proclamation is a most gracious Admonition And forasmuch as they have refused to obey they are lawfully deprived by the Commissioners ex Officio without Libel Et ore tenus convocati Secondly Whether a Prohibition
King make unto him certain propositions for taking away some heavy Taxes that had been imposed on them by his Father Solomon which he refusing to gratifie them in and following the Advice of Young Men Ten of the twelve Tribes immediately chose Jeroboam a Servant of Rehoboham's a meer Stanger and of mean Parentage and made him their King and God approved thereof as the Scriptures in express Words do testifie For when Rehoboam had raised an Army of One hundred and fourscore thousand Men intending by force of Arms to have justified his Claim God appeared unto Semaiah and commanded him to go to Rehoboam and to the House of Jadah and Benjamin saying Return every man to his house for this thing is of me saith the Lord. So that since God did permit and allow this in his own Commonwealth which was to be the Pattern for all others no doubt he will approve the same in other Kingdoms whenever his Service and Glory or the Happiness of the Weal-publick shall require it The next instance I shall give you shall be in Spain where Don Alonso de la Cerda having been admitted Prince of Spain in his Father's Life-time according to the Custom of that Realm married Blanoha Daughter of Lewis the First King of France and had by her two Sons Named Alonso and Hernando de la Cerda but their Father who was only Prince dying before Alonso the Ninth then King he recommended them to the Realm as lawful Heirs apparent to the Crown But Don Sancho their Fathers Younger Brother who was a great Warrier and Sirnamed El Bravo was admitted Prince and they put by in their Grandfathers Life-time by his and the States Consent and this was done at a Parliament held at Sagovia in the Year 1276. And in the Year 1284 Alonso the Ninth being dead Don Sancho was aknowledg'd King and the Two Princes Imprisoned but at the Mediation of Philip the Third King of France their Unkle they were set free and Endowed with considerable Revenues in Land and from them do descend the Dukes De Medina Celi at this Day and the present King of Spain that is in Possession descendeth from Don Sancho In France Lewis the Fourth had Two Sons Lothairin who succeeded him and Charles whom he made Duke of Lorrain Lothairin dying left an only Son named Lewis who dying without Issue after he had reigned Two Years the Crown was to have descended on his Unkle Charles Duke of Lorrain But the States of France did exclude him and chose Hugo Capetus Earl of Paris for their King and in an Oration made by their Embassadour to Charles of Lorrain did give an Account of their Reasons for so doing as it is related by Belforest a French Historian in these very words Every Man knoweth Lord Charles that the Sucession of the Crown and Kingdom of France according to the ordinary Rights and Laws of the same belongeth unto you and not unto Hugh Capet now our King But yet the same Laws which do give unto you such Right of Succession do judge you also unworthy of the same for that you have not endeavoured hitherto to frame your Life according to the Prescript of those Laws nor according to the Use and Custom of the Kingdom of France but rather have allied your self with the Germans our old Enemies and have accustomed your self to their vile and base Manners Wherefore since you have abandoned and forsaken the ancient Virtue Amity and Sweetness of your Countrey your Countrey has also abandoned and forsaken you for we have chosen Hugh Capet for our King and have put you by and this without any Scruple in our Consciences at all esteeming it for better and more just to live under Hugh Capet the possessor of the Crown with enjoying the ancient use of our Laws Customs Privileges and Liberties than under you the next Heir by Blood in Oppressions strange Customs and Cruelty For as they who are to make a Voyage in a Ship on a dangerous Sea do not so much respect whether the Pilot claims Title to the Ship or no but rather whether he be skilful valiant and like to bring them in safety to their ways end even so our principal care is to have a good Prince to lead and guide us happily in this way of Civil and Politick Life which is the end for which Princes are appointed And with this Message ended his Succession and Life he dying not long after in Prison And now I shall come home and give you an Instance or two in England since the Conquest and so conclude William Rufus second Son of William the Conqueror by the assistance of Lanfrank Archbishop of Canterbury who had a great opinion of his Virtue and Probity was admitted King by the consent of the Realm his elder Brother Robert Duke of Normandy being then in the War at Jerusalem William dying his younger Brother Henry by his ingenuity and fair carriage and by the assistance of Henry Earl of Warwick who had greatest interest in the Nobility and Maurice Bishop of London a leading-man amongst the Clergy obtained also the Crown And Robert Duke of Normandy was a second time excluded And though this King Henry could pretend no other Title to the Crown than the Election and Admission of the Realm yet he defended it so well and God prosper'd him with success that when his elder Brother Robert came to claim the Kingdom by force of Arms he beat him in a pitch'd-Battel took him Prisoner and so he died miserable in Bonds King Henry had one only Daughter named Maud or Matilda who was married to the Emperor and he dying without Issue she was afterwards married to Geofry Plantagenet Earl of Anjou in France by whom she had a Son named Henry whom his Grandfather declared Heir-apparent to the Crown in his Life-time yet after his Death Henry was excluded and Stephen Earl of Bulloine Son of Adela Daughter of William the Conqueror was by the States thought more fit to Govern than Prince Henry who was then but a Child And this was done by the perswasion of Henry Bishop of Winchester and at the solicitation of the Abbot of Glastenbury and others who thought they might do the same lawfully and with a good Conscience for the publick Good of the Realm But the Event did not prove so well as they intended for this occasioned great Factions and Divisions in the Kingdom for the quieting of which there was a Parliament held at Wallingford which passed a Law That Stephen should be King only during his Life and that Prince Henry and his Off-spring should succeed him and by the same Law debarred William Son of King Stephen from inheriting the Crown and only made him Earl of Norfolk Thus did the Parliament dispose of the Crown in those days which was in the year 1153 which sufficiently proves what I have asserted The sum of all I have said amounts to this That Government in general is by the Law of
humbly Pray That His Majesty would Consent to this Expedient in order to a future Settlement And hope that such a Temperament may be thought of as that the Army now on Foot may not give any Interruption to the proceeding of a Parliament But if to the great Misfortune and Ruin of these Kingdoms it should prove otherwise we further declare That we will to our utmost defend the Protestant Religion the Laws of the Kingdom and the Rights and Liberties of the Subject A Letter from a Gentleman at King's-Lynn December 7. 1688. To his Friend in London Sir THE Duke of Norfolk came to Town on Wednesday Night with many of the chiefest of the County and yesterday in the Market-place received the Address following which was presented by the Mayor attended by the Body and many hundreds of the Inhabitants To his Grace the most Noble Henry Duke of Norfolk Lord Marshal of England My Lord THE daily Allarms we receive as well from Foreign as Domestick Enemies give us just Apprehensions of the approaching Danger which we conceive we are in and to apply with all earnestness to your Grace as your great Patron in all humble Confidence to succeed in our Expectations That we may be put into such a posture by your Grace's Directions and Conduct as may make us appear as zealous as any in the Defence of the Protestant Religion the Laws and Ancient Government of this Kingdom Being the desire of many hundreds who must humbly callenge a Right of your Grace's Protection His Grace's Answer Mr. Mayor I Am very much obliged to you and the rest of your Body and those here present for your good Opinion of me and the Confidence you have that I will do what in me lies to support and defend the Laws Liberties and Protestant Religion in which I will never deceive you And since the coming of the Prince of Orange hath given us an opportunity to declare for the defence of them I can only assure you that no Man will venture his Life and Fortune more freely for the Defence of the Laws Liberties and Protestant Religion than I will do and with all these Gentlemen here present and many more will unanimously concur therein and you shall see that all possible Care shall be taken that such a Defence shall be made as you require AFter which the Duke was with his Retinue received at the Mayor's House at Dinner with great Acclamations and his Proceedings therein have put our County into a Condition of Defence of which you shall hear further in a little time our Militia being ordered to be raised throughout the County Our Tradesmen Seamen and Mobile have this morning generally put Orange Ribbon on their Hats Ecchoing Huzza's to the Prince of Orange and Duke of Norfolk All are in a hot Ferment God send us a good Issue of it Lynn-Regis Decemb. 10. 1688. Sir BY mine of the 7th Instant I gave you an Account of the Address of this Corporation to his Grace the Duke of Norfolk and of his Grace's Answer thereto Since which his Grace has sent for the Militia Troops and put them in a posture of Defence as appears by the ensuing Speech The Duke of Norfolk's second Speech at Lynn I Hope you see I have endeavoured to put you in the posture you desired by sending both for Horse and Foot of the Militia and am very glad to see such an Appearance of this Town in so good a Condition And I do again renew my former Assurances to you that I will ever stand by you to Defend the Laws Liberties and the Protestant Religion and to procure a Settlement in Church and State in concurrence with the Lords and Gentlemen in the North and pursuant to the Declaration of the Prince of Orange And so God save the King The Declaration of the Lords Spiritual and Temporal in and about the Cities of London and Westminster Assembled at Guild-hall Dec. 1688. WE doubt not but the World believes that in this great and dangerous Conjuncture we are heartily and zealously concerned for the Protestant Religion the Laws of the Land and the Liberties and Properties of the Subject And we did reasonably Hope that the King having Issued His Proclamation and Writs for a Free Parliament we might have rested Secure under the Expectation of that Meeting But His Majesty having withdrawn Himself and as we apprehend in order to His Departure out of this Kingdom by the pernicious Counsels of Persons ill-affected to our Nation and Religion we cannot without being wanting to our Duty be silent under those Calamities wherein the Popish Counsels which so long prevailed have miserably Involved these Realms We do therefore Unanimously resolve to apply our Selves to His Highness the Prince of Orange who with so great Kindness to these Kingdoms so vast Expence and so much Hazard to his own Person hath Undertaken by endeavouring to procure a Free Parliament to rescue Us with as little Effusion as possible of Christian Blood from the Imminent Dangers of Popery and Slavery And we do hereby Declare That we will with our utmost Endeavours assist his Highness in the obtaining such a Parliament with all speed wherein our Laws our Liberties and Properties may be Secured the Church of England in particular with a due Liberty to Protestant Dissenters and in general the Protestant Religion and Interest over the whole World may be Supported and Encouraged to the glory of God the Happiness of the Established Government in these Kingdoms and the Advantage of all Princes and States in Christendom that may be herein concerned In the mean time we will endeavour to preserve as much as in us lies the Peace and Security of these great and populous Cities of London and Westminster and the Parts adjacent by taking care to Disarm all Papists and secure all Jesuits and Romish Priests who are in our about the same And if there be any thing more to be performed by us for promoting his Highness's generous Intentions for the Publick good we shall be ready to do it as occasion shall require W. Cant. Tho. Ebor. Pembroke Dorset Mulgrave Thanet Carlisle Craven Ailesbury Burlington Sussex Barkelay Rochester Newport Waymouth P. Winchester W. Asaph Fran. Ely Tho. Roffen Tho. Petriberg P. Wharton North and Grey Chandos Montague T. Jermyn Vaughan Carbery Culpeper Crewe Osulston WHereas His Majesty hath privately this Morning withdrawn Himself we the Lords Spiritual and Temporal whose Names are subscribed being assembled at Guild-hall in London having Agreed upon and Signed a Declaration Entituled The Declaration of the Lords Spiritual and Temporal in and about the Cities of London and Westminster Assembled at Guild-hall 11. Decemb. 1688. Do desire the Right Honourable the Earl of Pembroke the Right Honourable the Lord Viscount Weymouth the Right Reverend Father in God the Lord Bishop of Ely and the Right Honourable the Lord Culpeper forthwith to attend his Highness the Prince of Orange with the said Declaration and at the same
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
out of the Hands of the Possessor than purely those of his own Conscience which is worthy Mr. Considerer's highest Consideration I shall only take notice of one Objection more and then conclude fearing I have too much trespass'd on your Patience already It 's very hard says he that a man should lose his Inheritance because he is of this or that Perswasion in Matters of Religion And truly Gentlemen were the Case only so I should be intirely of his mind But alass Popery whatever Mr. Considerer is pleas'd to insinuate in not an harmless innocent Perswasion of a Number of Men differing from others in matters relating to Christian Religion but is really and truly a different Religion from Christianity it self Nor is the Inheritance he there mentions an Inheritance only of Black-Acre and White Acre without any Office annexed which requires him to be par Officio But the Government and Protection of several Nations the Making War and Peace for them the Preservation of their Religion the Disposal of Publick Places and Revenues the Execution of all Laws together with many other things of the greatest Importance are in this Case claimed by the Word Inheritance which if you consider and at the same time reflect upon the Enslaving and Bloody Tenents of the Church of Rome more particularly the Hellish and Damnable Conspiracy those of that Communion are now carrying on against our Lives our Religion and our Government I am confident you will think it as proper for a Wolf to be a Shepherd as it is for a Papist to be the Defender of our Faith c. The Old Gentleman had no sooner ended his Discourse but I returned him my hearty Thanks for the Trouble he had been pleased to give himself on this Occasion and I could not but acknowledge he had given me great Satisfaction in that Affair what it will give thee Charles I know not I am sure I parted from him very Melancholy for having been a Fool so long Adieu I am thy Affectionate I. D. A Collection of Speeches IN THE House of Commons In the Year 1680. The Lord L. Speech My Lords MAny have been the Designs of the Papists to subvert this poor Nation from the Protestant Religion to that of the See of Rome and that by all the undermining Policies possibly could be invented during the Recess of Parliament even to the casting the Odium of their most Damnable Designs on the Innocency of his Majesties most Loyal Subjects We have already had a taste of their Plottings in Ireland and find how many unaccountable Irish Papists dally arrive which we have now under Consideration My Lord Dunbarton a great Romanist has Petitioned for his stay here alledging several Reasons therein which in my Opinion make all for his speedy Departure for I can never think his Majesty and this Kingdom sufficiently secure till we are rid of those Irish Cattel and all others besides for I durst be bold to say that whatsoever they may pretend there is not one of them but have a destructive Tenet only they want Power not Will to put it in force I would not have so much as a Popish Man nor a Popish Woman to remain here nor so much as a Popish Dog or a Popish Bitch no not so much as a Popish Cat that should pur or mew about the King We are in a Labyrinth of Evils and must carefully endeavour to get out of them and the greatest danger of all amongst us are our conniving Protestants who notwithstanding the many Evidences of the Plot have been industrious to revile the Kings Witnesses and such an one is R L'E who now disappears being one of the greatest Villains upon the Earth a Rogue beyond my Skill to delineate has been the Bugbear to the Protestant Religion and traduced the King and Kingdoms Evidences by his notorious scribling Writings and hath endeavoured as much as in him lay to eclipse the Glory of the English Nation he is a dangerous rank Papist proved by good and substantial Evidence for which since he has walked under another disguise he deserves of all Men to be hanged and I believe I shall live to see that to be his State He has scandalized several of the Nobility and detracted from the Rights of his Majesty's great Council the Parliament and is now fled from Justice by which he confesses the Charge against him and that shows him to be guilty My humble Motion is that this House Address to his Majesty to put him out of the Commission of Peace and all other Publick Employments for ever Speeches in the Honourable House of Commons Mr. Speaker IN the Front of Magna Charta it is said Nulli negabimus nulli differimus Justitiam we will defer or deny Justice to no Man to this the King is Sworn and with this the Judges are intrusted by their Oaths I admire what they can say for themselves if they have not read this Law they are not fit to sit upon the Bench and if they have I had almost said they deserve to lose their Heads Mr. Speaker The State of the poor Nation is to be deplored that in almost all ages the Judges who ought to be Preservers of the Laws have endeavoured to destroy them and that to please a Court-Faction they have by Treachery attempted to break the Bonds asunder of Magna Charta the great Treasury of our Peace it was no sooner passed but a Chief Justice in that day perswades the King he was not bound by it because he was under Age when it was passed But this sort of Insolence the next Parliament resented to the ruine of the pernicious Chief Justice In the time of Richard the Second an unthinking dissolute Prince there were Judges that did insinuate into the King that the Parliament were only his Creatures and depended on his Will and not on the Fundamental Constitutions of the Land which Treacherous Advice proved the Ruine of the King and for which all those evil Instruments were brought to Justice In his late Majesties Time his Misfortunes were occasioned chiesly by the Corruptions of the Long Robe his Judges by an Extrajudicial Opinion give the King Power to raise Money upon an extraordinary Occasion without Parliament and made the King Judge of such Occasions Charity prompts me to think they thought this a Service to the King but the sad Consequences of it may convince all Mankind that every illegal Act weakens the Royal Interest and to endeavour to introduce Absolute Dominion in these Realms is the worst of Treasons because whilst it bears the Face of Friendship to the King and Designs to be for his Service it never fails of the contrary effect The two great Pillars of the Government are Parliaments and Juries it is this gives us the Title of Free-born English-men for my Notion of Free-English-men is this that they are ruled by Laws of their own making and tried by Men of the same Condition with themselves The Two great
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
That the using Torture without Evidence or in ordinary Crimes is contrary to Law That the sending of an Army in a Hostile manner upon any part of the Kingdom in a peaceable time and exacting of Locality and any manner of free Quarter is contrary to Law That the charging the Lieges with Law-burroughs at the King's instance and the imposing of Bands without the Authority of Parliament and the suspending the Advocates from their Imployments for not compearing when such Bands were offered were contrary to Law That the putting of Garisons on private Mens Houses in a time of peace without the consent of the Authority of Parliament is contrary to Law That the opinion of the Lords of Session in the two Causes following were contrary to Law viz. 1. That the concerting the demand of a Supply for a Forfaulted Person although not given is Treason 2. That Persons refusing to discover what are their private thoughts and judgments in relation to points of Treason or other Mens actions are guilty of Treason That the fining Husbands for their Wives withdrawing from the Church was contrary to Law That Prelacy and Superiority of any Office in the Church above Presbyters is and hath been a great and unsupportable Grievance and Trouble to this Nation and contrary to the Inclinations of the Generality of the People ever since the Reformation they having Reformed from Popery by Presbyters and therefore ought to be abolished That it is the Right and Privilege of the Subjects to protest for remand of Law to the King and Parliament against Sentences pronounced by the Lords of Session providing the same do not stop execution of the said Sentences That it is the Right of the Subjects to Petition the King and that all Imprisonments and Prosecutions for such Petitions are contrary to Law That for redress of all Grievances and for the amending strengthning and preserving of the Laws Parliaments ought to be frequently called and allowed to sit and the freedom of Speech and Debate secured to the Members And they do claim and demand and insist upon all and sundry the Premisses as their undoubted Right and Liberties and that no Declarations Doings or Proceedings to the prejudice of the People in any of the said Premisses ought in any ways to be drawn hereafter in consequence and example but that all Forfaultures Fines loss of Offices Imprisonments Banishments Pursuits Persecutions and Rigorous Executions be considered and the Parties seized be redressed To which demand of the Rights and Redressing of their Grievances they are particularly incouraged by his Majesty the King of England his Declaration for the Kingdom of Scotland of the _____ day of October last as being the only means for obtaining a full Redress and remead therein Having therefore an entire Confidence That his said Majesty the King of England will perfyte the Deliverance so far advanced by him and will still preserve them from the Violation of the Rights which they have here asserted and from all other Attempts upon their Religion Laws and Liberties The said Estates of the Kingdom of Scotland do resolve That William and Mary King and Queen of England France and Ireland â—e and Be Declared King and Queen of Scotland to Hold the Crown and Royal Dignity of the said Kingdom of Scotland to them the said King and Queen during their Lives and the longest Liver of them and that the sole and full exercise of the Royal Power be only in and exercised by him the said King in the Names of the said King and Queen during their joynt lives And after their deceases the said Crown and Royal Dignity of the said Kingdom to be to the Heirs of the Body of the said Queen Which failing to the Princess Ann of Denmark and the Heirs of her Body Which also failing to the Heirs of the Body of the said William King of England And they do pray the said King and Queen of England to accept the same accordingly And that the Oath hereafter mentioned be taken by all Protestants of whom the Oath of Allegiance and any other Oaths and Declarations might be required by Law instead thereof And that the said Oath of Allegiance and other Oaths and Declarations may be Abrogated I A. B. Do sincerely Promise and Swear That I will be Faithful and bear True Allegiance to Their Majesties King William and Queen Mary So help me God A Proclamation declaring William and Mary King and Queen of England to be King and Queen of Scotland Edinburgh April 11. 1689. WHereas the Estates of this Kingdom of Scotland by their Act of the Date of these Presents have Resolved That WILLIAM and MARY King and Queen of England France and Ireland Be and Be declared King and Queen of Scotland to hold the Crown and Royal Dignity of the said Kingdom of Scotland to them the said King and Queen during their Lives and the longest Liver of Them and that the Sole and Full Exercise of the Regal Power be only in and Exercised by the said King in the Names of the said King and Queen during their joynt Libes As also the Estates having Resolved and Enacted an Instrument of Government or Claim of Right to be presented with the Offer of the Crown to the said King and Queen They do Statute and Ordain that William and Mary King and Queen of England France and Ireland be accordingly forthwith Proclaimed King and Queen of Scotland at the Mercat Cross of Edinburgh by the Lyon King at Arms or his Deputs his Brethren Heraulds Macers and Pursevants and at the Head-Burghs of all the Shires Stewarties Bailliaries and Regalities within the Kingdom by Messengers at Arms. Extracted forth of the Meeting of the Estates by me Ja. Dalrymple Cls. God save King WILLIAM and Queen MARY The Manner of the King and Queen taking the Scotish Coronation Oath May 11. 1689. THis day being appointed for the publick Reception of the Commissioners viz. The Earl of Argyle Sir James Montgomery of Skelmerly and Sir John Dalrymple of Stair younger who were sent by the Meeting of the Estates of Scotland with an Offer of the Crown of that Kingdom to Their Majesties they accordingly at three of the Clock met at the Council-Chamber and from thence were Conducted by Sir Charles Cotterel Master of the Ceremonies attended by most of the Nobility and Gentry of that Kingdom who reside in and about this place to the Banqueting-House where the King and Queen came attended by many Persons of Quality the Sword being carried before them by the Lord Cardrosse and Their Majesties being placed on the Throne under a Rich Canopy they first presented a Letter from the Estates to his Majesty then the Instrument of Government Thirdly a Paper containing the Grievances which they desired might be Redressed and Lastly an Address to His Majesty for turning the Meeting of the said Estates into a Parliament All which being Signed by his Grace the Duke of Hamilton as President of the Meeting and
So that Conquest may make Way for a Government but it cannot constitute it Secondly There is a Supreme Power in every Community essential to it and inseparable from it by which if it be not limited immediately by God it can form it self into any kind of Government And in some extraordinary Occasions when the Safety and Peace of the Publick necessarily require it can supply the Defects reform the Abuses and re-establish the true Fundamentals of the Government by Purging Refining and bringing Things back to their first Original Which Power may be called The Supreme Power Real Thirdly When the Community has made choice of some Form of Government and subjected themselves to it having invested some Person or Persons with the Supreme Power The Power in those Persons may be called The Supream Power Personal Fourthly If this Form be a mix'd Government of Monarchy Aristocracy and Democracy and for the easie Execution of the Laws the Executive Power be lodg'd in a single Person He has a Supream Power Personal quoad hoc Fifthly The Supreme Power Personal of England is in Kings Lords and Commons and so it was in Effect agreed to by King Charles the First in his Answer to the nineteen Popositions and resolved by the Convention of the Lords and Commons in the year 1660. And note That the Acts of that Convention tho' never confirmed by Parliament have been taken for Law and particularly by the Lord Chief Justice Hales Sixthly The Supreme Power Personal of England fails three Ways 1. 'T is dissolved For two Essential Parts fail 1. a King 2. a House of Commons which cannot be called according to Constitution the King being gone and the Freedom of Election being destroyed by the Kings Incroachments 2. The King has forfeited his Power several Ways Subjection to the Bishop of Rome is the Subjection against which our Laws cry loudest And even Barclay that Monarchical Politician acknowledges That if a King alienate his Kingdom or subject it to another he forfeits it And Grotius asserts That if a King really attempt to deliver up or subject his Kingdom he may be therein resisted And that if the King have part of the Supreme Power and the People or Senate the other part the King invading that part which is not his a just Force may be opposed and he may lose his Part of the Empire Grotius de Bello c. Cap. 72. But that the King has subjected the Kingdom to the Pope needs no Proof That he has usurp'd an absolute Power superieur to all Laws made the Peoples Share in the Legislative Power impertinent and useless and thereby invaded their just Rights none can deny 'T were in vain to multiply Instances of his Forfeitures And if we consider the Power exercis'd by him of late it will most evidently appear to all who understand the English Constitution that it admits of no such King nor any such Power 3. The King has deserted 1. By incapacitating himself by a Religion inconsistent with the Fundamentals of our Government 2. By forsaking the Power the Constitution allow'd him and usurping a Foreign one So that tho the Person remained the King was gone long ago 3. By Personal Withdrawing Seventhly The Supreme Power Real remains in the Community and they may act by their Original Power And tho every Particular Person is notwithstanding such Dissolution Forfeiture or Desertion subject to the Laws which were made by the Supreme Power Personal when in Being yet the Communities Power is not bound by them but is paramount all Laws made by the Supreme Power Personal And has a full Right to take such Measures for Settling the Government as they shall think most sure and effectual for the lasting Security and Peace of the Nation For we must note that it was the Community of England which first gave Being to both King and Parliament and to all the other Parts of our Constitution Eighthly The most Renowned Politician observes That those Kingdoms and Republicks subsist longest that are often renewed or brought back to their first Beginnings which is an Observation of Self-evident Truth and implies That the Supreme Power Real has a Right to renew or bring back And the most-ingenious Lawson observes in his Politica That the Community of England in the late Times had the greatest Advantage that they or their Ancestors had had for many Ages for this purpose tho God hid it from their Eyes But the wonderful Concurrence of such a series of Providences as we now see and admire gives ground to hope That the Veil is removed and the Nation will now see the Things that concern their Peace Ninthly The Acts done and executed by the Supreme Power Personal when in Being have so modell'd the Parts and Persons of the Community that the Original Constitution is the best justest and the most desirable The Royal Family affords a Person that both Heaven and Earth point out for King There are Lords whose Nobility is not affected by the Dissolution of the Government and are the subject Matter of a House of Lords And there are Places which by Custom or Charter have Right to choose Representatives of the Commons Tenthly There are inextricable Difficulties in all other Methods For 1. There is no Demise of the King neither Civil nor Natural 2. There is consequently no Descent 3. The Community only has a Right to take Advantage of the King's Forfeiture or Desertion 4. Whatever other Power may be imagin'd in the two Houses as Houses of Parliament it cannot justify it self to the Reason of any who understand the Bottom of our Constitution 5. By this Method all Popish Successors may be excluded and the Government secured in case all the Protestants of the Family die without Issue And this by the very Constitution of England And the Question can never arise about the Force or the Lawfulness of a Bill of Exclusion 6. The Convention will not be oblig'd to take Oaths c. Eleventhly If these things be granted and the Community be at Liberty to act as above it will certainly be most advisable not only for the Security and Welfare of the Nation but if rightly understood for the Interest of their Royal Highnesses to limit the Crown as follows To the Prince of Orange during his Life yet with all possible Honour and Respect to the Princess whose Interests and Inclinations are inseparably the same with his Remainder to the Princess of Orange and the Heirs of her Body Remainder to the Princess of Denmark and the Heirs of her Body Remainder to the Heirs of the Body of the Prince of Orange Remainder as an Act of Parliament shall appoint This will have these Conveniences among others 1. Husband and Wife are but one Person in Law and her Husbands Honour is hers 2. It puts the present Kingly Power into the best Hand in the World which without Flattery is agreed on by all Men. 3. It asserts the above said Power in the
With several other Informations concerning other Fires in Southwark Fetter-Lane and elsewhere 27 5. Votes and Addresses of the Honourable House of Commons assembled in Parliament made 1673. concerning Popery and other Grievances 49 6. A Letter from a Parliament-man to his Friend concerning the Proceedings of the House of Commons this last Session begun the 13th of October 1675. 53 7. A Speech made by Sir William Scroggs one of His Majesty's Serjeants at Law to the Right Honourable the Lord Chancellor of England at his admission to the Place of one of His Majesty's Justices of the Court of Common-Pleas 56 8. A Discourse upon the Designs Practises and Councels of France 59 9. An Answer to a Letter written by a Member of Parliament in the Countrey upon the Occasion of his reading of the Gazette of the 11th of December 1679. wherein is the Proclamation for further proroguing the Parliament till the 11th of November next ensuing 67 10. The Right Honourable the Earl of Shaftsbury's Speech in the House of Lords March 25. 1679. 71 11. The Instrument or Writing of Association that the true Protestants of England entred into in the Reign of Queen Elizabeth 73 12. The Act of Parliament of the 27th of Queen Elizabeth in Confirmation of the same 74 13. A Word without doors concerning the Bill for Succession 76 14. A Collection of Speeches in the House of Commons in the Year 1680. 81 15. A Copy of the Duke of York's Bill 91 16. Some particular Matters of Fact relating to the Administration of Affairs in Scotland under the Duke of Lauderdale 93 17. The Impeachment of the Duke and Dutchess of Lauderdale with their Brother the Lord Hatton presented to his Majesty by the City of Edenburgh The matters of fact particularly relating to the Town of Edenburgh humbly offered for His Majesty's information 96 18. His Majesty's Declaration for the dissolving of His late Privy Council and for constituting a New One made in the Council-Chamber at White-hall April 20. 1679. 99 19. The Mâ—ssage from the King by Mr. Secretary Jenkins to the Commons on the 9th of November 1680. 102 20. The Address to His Majesty from the Commons on Saturday the 13th of November 1680. Ibid. 21. The Address of the Commons in Parliament to His Majesty to remove Sir George Jeffreys out of all publick Offices 103 22. His Majesty's Message to the Commons in Parliament relating to Tangier 104 23. The Humble Address of the Commons assembled in Parliament presented to His Majesty on Monday the 29th of November 1680. in answer to that Message ibid. 24. The Humble Address of the House of Commons presented to His Majesty on Tuesday the 21st of December 1680. in answer to His Majesty's Gracious Speech to both Houses of Parliament upon the 15th day of the same December 107 25. The Report of the Committee of the Commons appointed to examine the Proceedings of the Judges c. 109 26. The Report from the Committee of the Commons in Parliament appointed by the Honourable House of Commons to consider of the Petition of Richard Thompson of Bristol Clerk and to examine Complaints against him And the Resolution of the Commons in Parliament upon this Report for his Impeachment for High Crimes and Misdemeanors on Friday the 24th of December 1680. 116 27. Articles of Impeachment of Sir William Scroggs Chief Justice of the Court of King's Bench by the Commons in Parliament assembled in their own Name and in the name of all the Commons of England of High Treason and other great Crimes and Misdemeanors 119 28. The Humble Petition of the Right Honourable the Lord Mayor Aldermen and Commons of the City of London in Common Council assembled on the 13th of January 1680. to the King 's Most Excellent Majesty for the sitting of the Parliament prorogued to the 20th then instant together with the Resolutions Orders and Debates of the said Court 122 29. Vox Patriae Or the Resentments and Indignation of the Free-born Subjects of England against Popery Arbitrary Government the Duke of York or any Popish Successor being a true Collection of the Petitions and Addresses lately made from divers Counties Cities and Burroughs of this Realm to their Respective Representatives chosen to serve in the Parliament held at Oxford March 21 1680. 125 30. The Speech of the Honourable Henry Booth Esq at Chester the 2d of March 1680 1 〈◊〉 his being elected One of the Knights of the Shire for that County to serve in the Parliament summon'd to meet at Oxford the 21st of the said Month. 147 31. An Account of the Proceedings at the Sessions for the City of Westminster against Thomas Whitfield Scrievener John Smallbones Woodmonger and William Laud Painter for tearing a Petition prepared to be presented to the King for the sitting of the Parliament with an Account of the said Petition presented on the then 13th Instant and His Majesty's Gracious Answer 150. 32. The Judgment and Decree of the Vniversity of Oxford passed in their Convocation July 21 1683. against certain pernicious Books and damnable Doctrines destructive to the Sacred Persons of Princes Their State and Government and of all Humane Society 153 32. The Case of the Earl of Argyle Or an Exact and Full Account of his Tryal Escape and Sentence As likewise a Relation of several Matters of Fact for better clearing of the said Case 151 33. Murther will out Or The King's Letter justifying the Marquess of Antrim and declaring that what he did in the Irish Rebellion was by direction from His Royal Father and Mother and for the Service of the Crown 217 34. Vox Populi Or The Peoples claim to their Parliaments sitting to redress Grievances and to provide for the Common safety by the known Laws and Constitution of the Nation 219 35. The Security of English-mens Lives Or The Trust Power and Duty of the Grand Juries of England explained according to the Fundamentals of the English Government and the Declarations of the same made in Parliament by many Statutes 225 36. The Speech and Carriage of Stephen Colledge before the Castle at Oxford on Wednesday Aug. 31. 1681. taken exactly from his Mouth at the place of Execution 255 37. The Speech of the late Lord Russell to the Sheriffs together with the Paper delivered by him to them at the place of Execution July 21. 1683. 262 38. To the King 's Most Excellent Majesty the Humble Petition of Algernoon Sidney Esq 266 39. The very Copy of a Paper delivered to the Sheriffs upon the Scaffold on Friday Dec. 7. 1683. by Algernoon Sidney Esq before his Execution there 267 40. Of Magistracy 269. Of Prerogatives by Divine Right 270. Of Obedience 271. Of Laws 272. By Mr. Samuel Johnson 41. Copies of two Papers written by the late King Charles II. published by His Majesty's Command Printed in the Year 1686. 273. 42. A Letter containing some Remarks on the Two Papers writ by His late Majesty King Charles II. concerning Religion 274
43. A Brief Account of particulars occurring at the happy death of our late Soveraign Lord K. Ch. 2d in regard to Religion faithfully related by his then Assistant Mr. Jo. Huddleston 280 44. Some Reflections on His Majesty's Proclamation of the Twelfth of Feb. 1686 7. for a Toleration in Scotland together with the said Proclamation 281 45. His Majesty's Gracious Declaration to all his Loving Subjects for Liberty of Conscience 287 46. A Letter containing some Reflections on His Majesty's Declaration for Liberty of Conscience Dated April 4. 1687. 289 47. A Letter to a Dissenter upon Occasion of His Majesty's Late Gracious Declaration of Indulgence 294 48. The Anatomy of an Equivalent 300 49. A Letter from a Gentleman in the City to his Friend in the Countrey containing his Reasons for not reading the Declaration 309 50. An Answer to the City Minister's Letter from his Countrey Friend 314 51. A Letter from a Gentleman in Ireland to his Friend in London upon ocasion of a Pamphlet entituled A Vindication of the Present Government of Ireland under his Excellency Richard Earl of Tyrconnel 316 52. A Plain Account of the Persecution laid to the Charge of the Church of England 322 53. Abby and other Church Lands not yet assured to such possessors as are Roman-Catholicks dedicated to the Nobility and Gentry of that Religion 326 54. The King's Power in Ecclesiastical matters truly stated 331 55. A Letter writ by Mijn Heer Fagel Pensioner of Holland to Mr. James Stewart Advocate giving an Account of the Prince and Princess of Orange's thoughts concerning the Repeal of the Test and the Penal Laws 334 56. Reflections on Monsieur Fagel's Letter 338 57. Animadversions upon a pretended Answer to Mijn Heer Fagel's Letter 343 58. Some Reflections on a Discourse called Good Advice to the Church of England c. 363 59. The ill effects of Animosities 371 60. A Representation of the Threatning Dangers impending over Protestants in Great-Britain With an Account of the Arbitrary and Popish ends unto which the Declaration for Liberty of Conscience in England and the Proclamation for a Toleration in Scotland are designed 380 61. The Declaration of his Highness William Henry by the Grace of God Prince of Orange c. of the Reasons inducing him to appear in Arms in the Kingdom of England for preserving of the Protestant Religion and for restoring the Laws and Liberties of England Scotland and Ireland 420 62. His Highnesses Additional Declaration 426 63. The then supposed Third Declaration of his Royal Highness pretended to be signed at his head Quarters at Sherborn-Castle November 28. 1688. but was written by another Person tho yet unknown 427 64. The Reverend Mr. Samuel Johnson's Paper in the year 1686. for which he was sentenc'd by the Court of Kings-Bench Sir Edward Herbert being Lord Chief Justice and Sir Francis Wythens pronouncing the Sentence to stand Three times on the Pillory and to be whipp'd from Newgate to Tyburn which barbarous Sentence was Executed 428 65. Several Reasons for the establishment of a standing Army and Dissolving the Militia by the said Mr. Johnson 429 66. To the King 's Most Excellent Majesty the Humble Petition of William Archbishop of Canterbury and divers of the suffragan Bishops of that Province then present with him in behalf of themselves and others of their absent Brethren and of the Clergy of their respective Diocesses with His Majesty's Answer 430 67. The Petition of the Lords Spiritual and Temporal for the calling of a free Parliament together with His Majesty's Gracious Answer to their Lordships Ib. 68. The Prince of Orange's Letter to the English Army 431 69. Prince George his Letter to the King 432 70. The Lord Churchill's Letter to the King 432 71. The Princess Ann of Denmark's Letter to the Queen 433 72. A Memorial of the Protestants of the Church of England presented to their Royal Hignesses the Prince and Princess of Orange 433 73. Admiral Herbert's Letter to all Commanders of Ships and Seamen in His Majesty's Fleet. 434 74. The Lord Delamere's Speech 434 75. An Engagement of the Noblemen Knights and Gentlemen at Exeter to assist the Prince of Orange in the defence of the Protestant Religion Laws and Liberties of the People of England Scotland and Ireland 435 76. The Declaration of the Nobility Gentry and Commonalty at the Rendezvouz at Nottingham November 22. 1688. 436 77. His Grace the Duke of Norfolk's Speech to the Mayor of Norwich on the 1st of December in the Market-place of Norwich 437 78. The Speech of the Prince of Orange to some principal Gentlemen of Somersetshire and Dorsetshire on their coming to join his Highness at Exeter Novemb. 15. 1688. 437 79. The True Copy of a Paper delivered by the Lord Devonshire to the Mayor of Darby where he Quartered Novemb. 21. 1688. 438 80. A Letter from a Gentleman at Kings-Lynn Decemb. 7. 1688. to his Friend in London With an Address to his Grace the most Noble Henry Duke of Norfolk Lord Marshall of England Ibid. 81. His Grace's Answer with another Letter from Lynn-Regis giving the D. of Norfolk's 2d Speech there Decemb. 10. 1688. 439 82. The Declaration of the Lord 's Spiritual and Temporal in and about the Cities of London and Westminster Assembled at Guild-Hall Decemb. 11. 1688. Ibid. 83. A Paper delivered to his Highness the Prince of Orange by the Commissioners sent by His Majesty to treat with him and his Highness's Answer 1688. 440 84. The Recorder of Bristoll's Speech to his Highness the Prince of Orange Monday Jan. 7. 1688. 441. 85. The Humble Address of the Lieutenancy of the City of London to his Highness the Prince of Orange Decemb. 12. 1688. 442 86. The Humble Address of the Lord Mayor Aldermen and Commons of the City of London in Common-Council Assembled to his Highness the Prince of Orange 443 87. The Speech of Sir Geo. Treby Knight Recorder of the Honourable City of London to his Highness the Prince of Orange Decemb. 20. 1688. Ibid. 88. His Highness the Prince of Orange's Speech to the Scotch Lords and Gentlemen with their Advice and his Highness's Answer with a true Account of what past at their meeting in the Council Chamber at White-Hall Jan. 7. 1688 9. 444 89. The Emperor of Germany's Account of K. James's Misgovernment in joining with the K. of France the Common Enemy of Christendom in his Letter to K. James 446 90. The Declaration of the Lords Spiritual and Temporal and Commons Assembled at Westminster concerning the Misgovernment of K. James and filling up the Throne Presented to K. William and Q. Mary by the Right Honourable the Marquess of Hallifax Speaker to the House of Lords with His Majesty's Most Gracious Answer thereunto 447 91. A Proclamation Declaring William and Mary Prince and Princess of Orange to be King and Queen of England France and Ireland c. 449 92. The Declaration of the Estates of Scotland concerning the Misgovernment of K. James the 7th