to Entrench upon or offer violation to any of their Soveraigns Prerogatives which as the great Coke sayes are as much the Peoples Safety as the Kings Honour And indeed it were highly preposterous that the King who is the Fountain Spring and Head of Law and Justice should be concluded by this act and the Commons should not who are the Lowest part in the Legislative Power and who have no manner of pretence to Judicature nor by Original Right even their own Members as is consonant to Reason being all equal and as such having no more Power over one another than Hartford-shire has over Essex or Oxford over Cambridge agreeable to that known Maxim in our own and the Laws of all Nations Paribus in pares non datur potestas It plainly appears that the Punishments of breach of Priviledge against any of the Commons was order'd upon their applications by the King or Lords and never any by themselves inflicted before the latter end of King Henry the Eighth's Reign when the case of Ferrers because extraordinary was referr'd to 'um by the Lords as you will see in Cromptâ—n's Jurisdiction of Courts And at this day 't is certain the Commons can force none into the custody of their Serjeant but in the case of Refractory Persons are under a necessity of begging the Kings assistance as is plain not only from Mr. Stowel's refulal to go along with their Messenger but likewise from their printed Votes of the 8th of this instant January concerning Sir John Lloyd c. However since concession or continued usage have given them Power over their own Members or over others guilty of Breach of Priviledge let them in Gods name enjoy it still but let them not Vote any thing they please a Breach of Priviledge since they are known and no other than what they ask at the beginning of every Parliament from the King's Grace and are recorded as first beg'd in Henry the Eighth's days by Sir Thomus Moor then Speaker To act otherwise is to set up an Arbitrary Power never to be endur'd by any English Man unless the most despicable of Cowards and Betrayers of his Country-Liberties For as the Commons are the Representatives of the Nation so they are chosen to defend not invade their own when out of that station as well as the Peoples Priviledges While this Process was on foot Mr. Sheridan had many Addresses and Advices to Petition a second time which he not only refus'd before at the Serjeants instance but after also at that of others and that you may be fully satisfi'd of this Truth read the following Letter on this occasion to one of the Members Sir R. C. SIR HAving been inform'd first by the Serjeant of Your House and after by my old Acquaintance Mr. Fermin of your Favour towards me I cannot without Ingratitude but return you my hearty and humble Acknowledgment for so great an Obligation But having formerly petition'd with great deference and respect to the Honourable House of Commons otherwise against my own judgment and reason and that not being read having no new matter to offer I will not give you the trouble of a second I am apt to think when any Cause is examin'd it will be found amongst the hardest Dr. D. a confest Papist and Author of the Story being discharged without Fees or Petition in two days and I a known Protestant kept Prisoner twenty five tho both committed for one and the same Cause or rather no Cause none being mention'd in the Warrant and for eight of those days kept closer than a Felon or a Traytor Had my first been dislik'd for matter of form I might have preferr'd another which now I think wou'd not be proper Besides my own sufferings my Cosen likewise taken into Custody for Copying a Paper containing no Criminal tho Reflective matter as a Breach of Priviledge because 〈◊〉 Member mention'd and yet four days after a Committee appointed to examine whether or no it was his Writing I hope Sir when these things and the Reflections unjustly thrown upon me are fully consider'd I shall have my liberty for which I will own my self oblig'd to you and on all occasions study to approve any self what I really am SIR Your most humble and very much oblig'd Servant T. S. I have industriously avoided in this Narrative the overtures I have heard were made Mr. S. because not to be mention'd without Reflection on one side or too much Honour on his T is enough that he resisted all manner of Temptations that cou'd betray or discover a Propension to dishonesty or cowardize and that as he had spoken and given it under his hand so he wou'd make his Actions justifie his words that he wou'd by all possible means promote the good and service of his King and Country without making Shipwrack of a good Conscience and that Reputation which though clouded for the present he neither cou'd nor wou'd forfeit I will add no more than to English what a wise French man in such an occasion has Recorded Si vous jegez surles apparences vous seriz souvent trompet Ce qui paeroist n'est presque jamais la verite If you wiâ— not be deceiv'd judge not according to Appearance but judge Righteous judgment He that has liv'd any time in the World ought in passing his Censure upon others to consider whether he himself has never been traduc'd or heard groundless stories if he have not he has had extraordinary good fortune if he have he ought to be very slow in giving credit to Reports which are sometimes rais'd upon very little and ofter without any grounds This has been notoriously Mr. S's Case no man was ever more loudly clamour'd against nor more without cause as appears in that after al scrutinies he is found Innocent insomuch that one may well say Here has been not onely a Great Cry and a Little but no Wool abundance oâ— Smoak without any Fire Though his envious Adversaries will have it that his Cunning only protected him I do not doubt but you will believe the contrary knowing from many years intimate Acquaintance no man is more free and open has less of craft or sebtilty and considering his ten pennone has more cause to study to preserve from danger the simplicity oâ— the Dove by the Wisdome of the Serpent A Caution if ever useful aâ— this time more particulary necessarly Through his Sides 't is well known a very great Person was shot at who perhaps will be found Invulnerable Dog Bark at the Moon in vain Some Spots there may be in that Great and Glorious Body but â—oâ— such as can render it useless or in significant to any man of Sence or Reason Conclude then of all men by your own experience and not upon the Relation of either Friends or Enemles the first are not more Partial then the last malicious I should play the Fool extreamly if I give you Advice who of all the World has the least need of any and therefore not having design'd this to you without begging your Pardon I will take the Liberty without further Apology abruptly to Subscribe my self what I truly am My Lord 〈◊〉 Your Grace's with all imaginable Respect and Sincerity L. C. London January the 20â—â— 1680 / 1. FINIS
himself openly confess'd I know not whether it be necessary to acquaint you that whatever account the Dr. had Mr. S's was not exact as to Norris's bringing the Priest into England for it appear'd at the Committee by Papers taken with Norris at landing that he was to Conduct him to Amsterdam to Sr. W. W. then there and that he had pretended to be sent by Dr. T. in conjunction with the E. of Sh. and another Noble Peer that the Priest had been dead above 8 Months before he began his Journey a Journey undertaken upon as good an account and sure information as that of a Justice of Peace of Westminsler who rid Post 100 Miles to bring alive from the Country Beddingfield the Jesuit Buried 12 Months before out of the Gate-house It happen'd the evening of that Day Mr. S. was Commanded to attend the Committee I was in Company with several Persons of Quality when news was sent that the E. of P. was carri'd to the Tower and Mr. S. to the Gate-house who in half an hour after came in himself and guess'd the Person and concluded what the other cou'd not deny that the story was from one that wish'd it had been true not out of Malice to Mr. S. beyond his name a Stranger but to a very great Person After Mr. S's first Examination he receiv'd by the Penny-post two Letters in unknown hands without any name the one directed to his Lodging the other to the Royal Coffee-house the one in Friendship to three Persons of Honour his acquaintance nam'd in the Letter advising him to fly if he did not resolve to discover as to him at least impossibilities against the D. the other was more Terrible tho' both mix'd with threats and promimises and in this place for receiving his answer and after for meeting appointed But these he look'd upon as bugbears fit only to work upon Children and Cowards Having produc'd the Dr. who was his Author he look'd upon himself acquitted from any further trouble yet some angry Persons displeas'd a hole was not found in his Coat offer'd wagers he wou'd be lay'd by the Heels in ten days of which by two very great Persons notice was given him with advice to retire at the Tria of my Lord Stafford but resolv'd to encounter the worst cou'd happen he utterly rejected the Motion On Thursday December 9. He sound it was no longer a jest for it was then order'd that Mr. S.'s and D. D's Papers shou'd be seiz'd and themselves brought in Custody of the Serjeant at Arms to the Bar of the house In pursuance of this some Members were sent to their Lodgings between 12 and 1 who coming to Mr. S. 's were told he was abroad they meeting one of his Servants sent for him who finding his Master at the Coffee-house acquainted him that Four of the House of Commons whom he knew not stay'd for him he goes to 'um immediately They after a diligent search for his Papers spoke of his being sent for by a Messenger He answer'd that was unnecessary to one that was ready to wait on them to their house whither as he was going they met their Officer and took him into the Coach. Mr. S. not long after being call'd to the Bar was ask'd wheter a Paper then shew'd him was his Writing He answer'd it was not then two lines at the bottom of Norris's description were shewn which he acknowledg'd After some other questions he was Commanded to withdraw and a Committee order'd to see the Serjeant search his pockets But to prevent that trouble Mr. S. had deliver'd them all his Papers so that nothing cou'd be found save a purse of Gold out of which in order to be search'd for Papers more Guinnies were said to be tumbl'd than it cou'd possibly contain But excepting your Friends fortune every Molehill relating to him was reputed a Mountain and no doubt many were big with expectations what he should bring forth who was said to have several Colemans in his belly and therefore perhaps it was that the Serjeant sent him to Lodge at a Mid-wifes where being laid in spight of all art and labour the long hop'd for conceiv'd great issue upon delivery was found dwindl'd to a Mouse Parturiunt montes He was 4 or 5 times at the Bar that day and as often the next his story being matter of fact was found to agree exactly with the Doctor 's who was not seldomer examin'd and tho no crime was objected nor any information made yet was he confin'd a close Prisoner and the Messenger told if he suffer'd his escape his own Life wou'd be in danger an opinion that cannot be sufficiently admir'd by those who consider that had he any apprehension of guilt he might with ease have avoided that days fury The worthy Coll. M. whom you knew in Ireland by the Title of Capt. came in to accuse Mr. S. but of a Circumstance that if true cou'd not amount to a Crime Yet this seem'd so great that the Gent. cou'd hardly bring it out in Mr. S.'s presence whatever he had done before uttering then his words so like a Mouse in a Cheese that the Speaker was forc'd twice to command the raising his Voice After Mr. S. was committed great and narrow Enquiries and Endeavours were made to find or make him more obnoxious but in vain His Innocence was his security from peril tho' not from charge and trouble Among others Doctor Tongue 's Son in Newgate was examin'd whom Mr. S. never saw having industriously avoided all that were or stood related to the Kings Evidence The Servant-maid of his Lodgging was sent for not only to the Bar but to Coffee-houses and Taverns promis'd and encourag'd threatn'd and advis'd but alas she cou'd not answer expectations Even a little young Girl of about Eleven years old not above Ten days his Acquaintance was very strictly Catechiz'd concerning his Discourse and Conversation about the Parliament Sure these persons beleiv'd him Master of none or of much less understanding than they have since reported him But on Saturday following Dr. D. who confess'd himself a R. C. was without Fees tho' he was sore'd to pay them or Petition discharg'd Mr. S. hearing of this writes a long Letter to an honourable Member of the Committee praying his Lordship to represent to the House what he thought most material On Monday his Lordship by an Order of the House was allow'd to see Mr. S. and bring him a Letter open'd by the Speaker relating to a particular concern of another from whence mighty Discoveries were expected but they came to nothing By this Member he pray'd to have liberty to speak for himself the next day but hearing nothing from him he wrote to the Speaker on Tuesday entreating he might appear before them and not suffer under Arbitrary power so much dreaded from others Hereupon Mr. Speaker was pleas'd on Wednesday the 15th to have him sent for being call'd in he was told if he had any
Holland or Germany and as I went not with the Duke so my return in his Train was purely accident For my Religion as I was born of Protestant Parents so I was all along bred a Member of the Church of England and by the Grace of God will live and die in this Profession for it is not so much owing to the chance of Education as to my choice being satisfi'd by Reason by Scripture and the Laws of my Country no inconsiderable Argument that of all it is the most purely Christian Since I was seventeen years of Age I have gone duly to Church and several times in every Year receiv'd the Sacrament I did so twice while in Fianders as Dr. Lake and Dr. Doughty the Duke's Chaplains and others can witness and I have done so six times since my return thence there are in this Honourable House that can testify some part of this Truth I have taken the Oathes of Allegiance and Supremacy eleven times am ready to submit to all further injunctions of Law in matters of Religion have in Disputes encounter'd tho unwillingly with many of the several Orders abroad remain'd unshaken in my Principles This at Ghent putting a Jesuit more zealous than the rest into great Passion made him pronounce me obstinate and declare He cou'd sooner bring over ten of the most rigid Phanaticks of England than hope to make me a Proselyte Now if all this be not sufficient to wipe off the imputation of Popery I consess I am to seek for a clefence Among other 't is objected That by my Interest in his R. H. I got my Brother made a Bishop in opposition to the Lord Lieutenant of Ireland and contrary to Merit To this I answer That my Brother has been as much and as injuriously though not so publickly defam'd as I that he came off with Honour that a peek between two great Lords of that Kingdom and one of the greatest of this did not only prevent his being sooner promoted but was the occasion of his being bespatter'd with many falshoods and calumnies that few in Ireland deserve it better that what he enjoys he obtain'd not in opposition to though without the recommendation of the chief Governour nor by the mediation of the Duke but of a great Minister in the presence of my Lord Bishop of London from the King 's immediate Grace openly shewn in Council and with a particular mark of His Royal Favour I hope 't is no Crime to honour and revere the Duke as he is a Prince or if a private Man to love and value his innate Worth and Qualities or to have said as it is reported I wish nothing else had been with less Truth That I wou'd hazard my Life and Fortune to do him any lawful and just Service If it be a Crime as I can no ways apprehend of the Brother of my King while publickly pray'd for in all the Churches of the three Kingdoms I confess my self guilty But I am not so wedded to his Interests as to espouse or pursue them if he can have any such contrary to the Duty I owe and ever will pay my Soveraign my Country my Religion and my God. And I do here most solemnly protest as I hope for Heaven if I knew him in any instance a Conspirator or a Traytor I wou'd not only detest but endeavour to bring him to publick Justice and if ever he can be prov'd a Criminal of this nature I will have no more respect nor regard but less for him than I wou'd for any common Offender And therefore without the hopes of Reward or the fears of Punishment I cleclare in the presence of the Almighty if I knew any part of the Papish-Plot or the Persons concern'd in 't I wou'd long since have reveal'd the whole Contrivance But none in their senses can believe that a known Protestant cou'd be made privy to such a Conspiracy to which if necessary might be added that I was in a Country remote from that where the Design is said to be hatch'd I own my self of so extensive a Charity as to love the persons of all honest Men notwithstanding their differing from me in opinion about the Modes and Circumstances of Religion and to be for Liberty of Conscience when consistent with the safety of the state to all quiet and peaceable Dissenters But when 't is urg'd and made use of to other ends or as a Cloak for Rebellion or Treachery I abominate all such Indulgence But I will no longer dwell on this Subject than to mind you of Collonel Mansel's mistake or forgetfulness when he informs this Honourable House That in or about July 1678. I din'd at his Treat for a German Lord in or der to a Design of his upon a Forreign Command and that 2 or 3 days after Ishou'd advise him against it telling him the Duke wou'd very soon have occasion for such Officers First I do say to have said so was no Crime But I easily see through this Artifice 't is to serve as an argument that I understood somewhat of the Plot of which I am as ignorant as any man living beyond what I have since learnt from the Prints and publick Fame In the next place I do utterly deny I ever said the words because I do not know the Duke had any such Design and am certain I connot invent Besides by many circumstances needless here to mention that Dinner was after the Courts return from Windsor and consequently after the breaking forth of the Plot. I desire the Gentleman wou'd recollect himself at that time he was very great and intimate with a Roman Catholick H. N. from whom if he heard not the words as I am not apt to imagine I am confident he dream'd them He cannot be ignorant that I knew why he was disbanded in Ireland c. and that I always declin'd not only as having no Interest but as unwilling for other reasons to introduce him to the Duke as he often press'd and therefore he made his application to others but with as ill success And now give me leave I beseech you Mr. Speaker to answer an Objection that I shou'd have prescrib'd a way how the King shou'd live without Parliaments I am so far from entertaining such a thought that I ever esteem'd the Constitutions of England by King Lords and Commons the happiest kind of Government in the world and if the discourse called The Rise and Tower of Parliaments c. be mine of which many will have me the Author the reading it wou'd be of this a sufficient Confutation In that Parliaments are magnifi'd their power rather enlarg'd than lessen'd and their frequent meetings recommended as most convenient In a word whatever Character my Adversaries have given of me I am not a Protestant in Masquerade I can neither Lie nor Dissemble I am really what I profess and as the word is commonly taken no lover of Arbitrary Government in any single or complicated Body As to
Franchise or Free-hold unless he be duly brought in to answer and fore-judged of the same by the Course of the Law. And 28 Edw. 3. c. 3. it is Ordain'd That no Man of what Estate or Condition soever he be shall be put out of his Lands and Tenements nor taken nor imprisoned nor dis-inherited without being brought in to Answer by due Process of Law. 42. Edw. 3.6.3 't is Decreed That no Man be put to Answer without Presentment before Justices or Matter of Record or by due Process and Writ Original according to the Old Law of the Land And if any thing be done to the contrary it shall be void in Law and holden for error Likewise in the Petition of Right 3 Car. 1. c. 1. 't is Complain'd of by the Commons as a great Grievance of the Subject That against the Tenor of the said Statutes and other the good Laws and Statutes of this Realm to that end Provided divers of His Majesties Subjects have been Imprisoned Without any Cause shewed and when for their Deliverance they were brought before Justices by His Majesties * Which by the by were not then Denied though the Laws were not half so full and express as the late Statute Writs of Habeas Corpus there to undergo and receive as the Court should Order and their Keepers Commanded to Certify the Cause of their Detainer no Cause was Certified but that they were Detained by His Majesties Special Command And 37 Edw. 3. c. 18. 't is Enacted That though it be Ordained in the Great Charter that no Man â—e Taken nor Imprisoned nor put out of his Free hold without Process of the Law nevertheless divers People make false Suggestions to the King himself as well for Malice as otherwise where the King is often Grieved and divers of the Realm put in Damage against the Term of the same Charter Wherefore it is Ordained That all they who make such Suggestions shall be sent with the same Suggestions before the Chancellor Treasurer and his Grand Council and that they find there Surety to pursue their Suggestions and incur the same Pain that the others should have had if Attainted in case that his Suggestion be found Evil. Or as it is alter'd in the following Parliament 38 Ed. 3. c. 9. It is Assented that if he that maketh the Complaint cannot prove his intent against the Defendant he shall be Commanded to Prison there to abide till he hath made gree to the Party of his Damages and of the Slander that he hath Suffer'd by such Occasion and after shall make Fine and Ransom to the King. In the Statute 16 Car. 1. c. 10. 't is Declared That the Reasons for putting down the Star-Chamber-Court was not only founded on their Proceeding contrary to former Statutes but that it was also an intollerable Burden to the Subject that the Remedies for all Causes might be had in the ordinary Courts of Justice and that it was the means for introducing Arbitrary Government I say then if the same things are Exercis'd and the Causes remain any where else they are equally to be Discountenanc'd and Explode'd by King and Parliament and all Free-born Subjects And if the King's Officers or Ministers from the Highest to the Lowest do any Illegal Act though by the King 's express Command they themselves become Criminal it cannot be suppos'd that any Officer of any Court whatever or Power inferior to His Majesties can have a greater Latitude but that whoever Executes any unlawful Command to the Prejudice of his Fellow Subject must be Answerable to the Party agriev'd and lyable to make him Satisfaction notwithstanding any Illegal Warrant whatsoever He that Considers the great Charge of One Pound Six Shillings and Eight Pence per Diem Fees to the Serjeant and his Messenger besides Diet and Lodging at Pleasure will believe no Man ought to Suffer under that Punishment but upon good Grounds and in conformity to former Laws without the Accusers giving Security for Prosecution and answering Damages if the Party prove himself Injur'd 'T is known Maxim in our Laws that Carcer it ad custodiendes non ad puniendes homines before Tryal or Conviction which was so far from being Mr. Sheridan's Case that he was Committed During Pleasure to a Chargeable Confinement without Cause Alledg'd or any Information upon Oath which is very Remarkable if we consider Noris's Case which was Voted by the same House that restrain'd Mr. Sheridan in this manner Illegal and Arbitrary because there was neither information upon Oath nor Crime Specifi'd and sure no Man can conclude the Commons may do that against a Subject which the King cannot without some Statute giving the one that Power which is Deny'd by all to the other But as the King can do no Wrong though his Officers may so I am content to admit if they Challenge the same Priviledge that the House of Commons may be always in the Right provided they allow that in the Execution of their Injunctions some of their Members and Ministers may â—â—t though the whole Body may be exempt yet thâ—se do run the hazard of being call'd to an Account I am certain 't was in order to Vindicate the Right of the Subject as well as to retrieve his own Liberty and free himself from Charge Mr. Sheridan attempted the Habeas Corpus a Motion that no doubt offended some though not the disinteressed part of the Nation nothing tending more to the advantage of the People and the opposition of Arbitrary Power at least equally to be contended against in the Commons as in the King by every free born Subject who if necessity makes him a Slave and he have the Liberty to chuse ought and must preser one Master to many And tho it was three several days debated in the House and that some were of opinion the Act was not design'd in favour of any by them Committed the contrary was so plain from the Words that it was never brought to a Vote And I am inform'd that one of the most Eminent and Deservedly Leading men of the House a Manager of my Lord Staffords Tryal Mr. P. advis'd their proceeding according to Law in a Case where the Right of the Subject was so Nicely concern'd and which was indeed or might be every English-man's in which present and future Ages were equally interessed and in which a Vote not having at all the force of a Law nor the exposition of a Statute might not only Reflect but make them Odious to all the World An advice which all the People in the Kingdom ought to acknowledge with Gratitude nothing being more certainly the true Interest of the Nation than to keep all things within their proper Bounds and Channels the King to continue to Both Houses of Parliament what the Lords have by Fundamental Constitutions alwaies enjoy'd and the Commons by their constantly renew'd Petitions have receiv'd from the Kings Favour their accustomed Right and Priviledges and neither Lords nor Commons