examined lately at the Guild-hall London before the Honourable the Lord Mayor and Court of Aldermen upon Suspicion of his being a Conspirator in the firing the City and Suburbs in several parts thereof Thomas Roe and Joseph Harrison having been School-fellows at Eaten Colledge and being thereby acquainted Joseph Harrison hath several times lately been with him and advised him to with-draw his Concerns and remove above twenty miles out of the City for that the City and twenty miles round would be suddenly destroyed and laid wast or to that purpose Whereupon Thomas Roe asked him Whether he were privy to any such Conspiracy or concern'd in its Agitation pressing him with divers Arguments to discover what he was acquainted with of that kind Harrison replied That he had no personal and positive Knowledge thereof Thomas Roe demanded upon what ground then he did thus advise him Joseph Harrison replied That he was sometimes conversant among some Papists and perceived a Plot or Design was carrying on by them against the City of London and the Protestant Religion which Plot or Design said he the Papists call The Game of Trap or do you understand Trap ad Crucem which is the Watch-word amongst them Further Joshua Harrison said that he was informed of those things by some German Protestants and that he had Offers of Fifty Pounds per annum made him by some Jesuits and Papists to turn to their Religion but he had refused it and would not embrace the Romish Religion Thomas Roe further saith That about five Weeks since he walked through New-Cheap-side and from thence into Mark-Lane with Joseph Harrison in company with Mr. Mosely a Gentleman belonging to Bernards-Inn likewise and one of his Acquaintance together with another Man a Stranger to Thomas Roe Upon their first associating Harrison said unto him That he would not discover himself to be an Englishman but pretend himself to be a German or Italian whether of the two he doth not well remember and that he might not detect himself spake in the Company as Occasion offered in Latin But leaving the place where they tarried in Mark-lane going towards Bishopsgate-street Mr. Harrison told Mr. Roe secretly That he believed that Mr. Mosely understood the Game of Trap by some Signs he had observed from him and that he would try him Then going altogether into a house about the end of Thrâ—adneedle-street Mr. Harrison having by this time discovered himself to be an English-man said Trap and made a Cross over his Face with his Finger directing himself to Mr. Mosely Whereupon Mr. Mosely did also say Trap crossing his Forehead and Face two or three times and with a quick motion drew his Finger over his own Throat Upon which Mr. Roe asked Mr. Mosely what was the meaning of Trap But he refused to tell Mr. Roe urging him again He replied He would not saying You are not of my Religion Then Mr. Mosely asked Mr. Harrison what his Name was for he knew him not by Name he answered Harrisons Mr. Mosely replied I never saw your Name Mr. Harrison made answer It is Don Olanso del Harrisonio if so saith Mr. Mosely I have seen your Name After this Mr. Mosely and the other stranger being parted and Mr. Roe and Mr. Harrison being-alone said Harison I told you Mr. Mosely did understand Trap you may see there is a List of the Trap-Gamesters Now whether Mr. Mosely's Imitation of Mr. Harrison was feigned or real Mr. Roe could not distinguish But as they two were passing through Cheape-side homewards Mr Harrison looking upon the New Buildings said To what purpose do they build this poor city it will be again destroyed at the same time he pointed at two several Persons saying That is a Trap-Gamester and there goes another Trap-Gamester Mr. Roe further Informs That since the last Term Mr. Harrison told him he would write all the Rogueries of the Trap-Game and Gamesters in a Play and that he would undertake to shew him Twenty six Papists Meetings in and about the City and Suburbs of London but said he some of them are very private and if you be discovered not to be a Papist you will peradventure be poisoned or stabb'd Mr. Roe doth further say That when the said Harrison advised him to remove with all his Concerns about twenty Miles from London that the said Roe asked him if Windsor were not far enough it being both their native place and about the distance The said Harrison answered Not reflecting upon the Castle And further Harrison told Mr. Roe That the Jesuits could by a Composition of Ingredients make such a Matter the fume of which would corrupt any Man's Intellects and that he the said Harrison could do it A Faithful Account of the Apprehending of a Scothman some time since by William Colburne at the Cross-keys in Fleet-street as followeth A Scotch-man pretending great Respect he had for William Colburne aforesaid came to him and advised him That by all means he should remove his Goods out of London and dispose of his House William Colburne asked him For what reason The Scotch-man replied Because that he with many others were employed to set the remainder of London on Fire and that they would set it on Fire in several places at one time And Chancery-lane-end which is near the aforesaid Colburne's house they intended to set first on fire Upon which William Colburne apprehended him and being brought to his Trial he was sentenced to stand in the Pillory and did accordingly three times once at the End of Chancery-lane and twice in or about the Old Exchange Much more might be said but that our aim is to be as brief as is consistent with the truth of the Matter of Fact in our Narrative Therefore we refer any that desire further Satisfaction in every particular to William Colburne aforesaid who will fully inform them An Account of the Firing of Mr. Delanoy 's House near Pepper-Alley in Southwark January 1679 â—0 by John Satterthwait a Papist as appears by the Oath of Margaret Clarke then Servant to Mr. Delanoy who was in by the said Satterthwait to assist him in the Burning of her Masters House and suffered Death for the same I Margaret Clark being shortly to suffer Death for that which I have deserved and am much humbled for and desire to lie low before God under the sense of my own Guilt do give the World an Account of the truth of my Case for I would not be guilty 〈◊〉 a Lye now I am to appear before my Judge within a few Minutes Therefore I do say and shall declare the truth of the Matter as I shall answer it before my Lord and Judge Upon the 26th of January 1679 80. John Satterthwait came to me as I was going out of my Master's Gate and did desire me to tell him whether my Master and Mistress were at home And I answered him No. And he told me That he hoped he should have an Opportunity to speak with
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
would not have been a very melancholy Present Have not you frank and dutiful Expressions that cheerfulness and vivacity in your Looks rendred much more acceptable much more valuable No Prince in Christendom loves a cheerful giver so well as God Almighty does and he of all Gifts a cheerful Heart and therefore I pray let not a cloudy and disconsolate face be the only or the best sign of Piety and Devotion in the Heart I must ask your Pardon for misplacing much of this Discourse which I should have mentioned when I came to speak of the Ministers Bill they I hope will endeavour to remove these new marks of Dinstinction and Reproaches and keep their Auditories from being imposed upon by such Characters and Descriptions The King hath passed this Act very willingly and done much to the end of this Act before yet hath willingly admitted you to be Sharers and Partners with Him in the Obligation I may say confidently His Majesty hath never denied His Confirmation to any Man in Possession who hath asked it and they have all the effect of it except such who upon Examination and Enquiry appeared not worthy of it and such who though they are pardoned cannot yet think themselves worthy to be preferr'd His Majesty well knows that by this Act he hath gratified and obliged many worthy and pious Men who have contributed much to His Restauration and who shall always receive fresh Evidence of His Majesties Favour and Kindness but he is not sure that he may not likewise have gratified some who did neither contribute to His coming in nor are yet glad that he is in how comes it else to pass that he receives such frequent informations of Seditious Sermons in the City and the Countrey in which all Industry is used to alienate the Affections of the People and to infuse Jealousies into them of the King and His Government They talk of introducing Popery of evil Councellors and such other old Calumnies as are pardoned by this Act of Indempnity His Majesty told You when he was last here what Rigour and Severity He will hereafter use how contrary soever it is to his Nature in these Cases and conjured You My Lords and Gentlemen to concur with him in this just and necessary Severity which I am sure You will do with Your utmost Vigilance and that You will believe that too much ill cannot befall those who do the best they can to corrupt His Majesties Nature and to extinguish His Mercy My Lords and Gentlemen I told You I was to acquaint you with some things His Majesty intends to do during this Recess that You may see He will give no intermission to His Own thoughts for the Publick good though for a time He Dispences with Your Assistance He doth consider the infinite Importance the Improvement of Trade must be to this Kingdom and therefore His Majesty intends forthwith to Establish a Council for Trade consisting of some Principal Merchants of the several Companies to which he will add some Gentlemen of Quality and Experience and for their greater Honour and Encouragement some of my Lords of His own Privy Council In the next Place His Majesty hopes that a well-setled Peace and Gods great Blessing upon Him and You this Nation will in a short time flourish to that Degree that the Land of Canaan did when Esau found it necessary to part from his Brother For their riches were more then that they might dwell together and the land wherein they were could not bear them because of their cattel We have been Our selves very near this Pinacle of happiness and the hope and Contemplation that We may be so again disposes the King to be very solicitous for the Improvement and Prosperity of His Plantations abroad where there is such large room for the Industry and Reception of such who shall desire to go thither and therefore His Majesty likewise intends to erect and establish a Councel for those Plantations in which persons well qualified shall be wholly intent upon the good and advancement of those Plantations There are two other particulars which I am commanded to mention which were both mentioned and recommended to You by His Majesty in his Declaration from Breda The one for the Confirmation of Sales or other Recompence for Purchasers The other for the composing those Differences and Distempers in Religion which have too much disturbed the Peace of the Kingdom Two very weighty particulars in which His Majesty knows You have spent much time and concerning which he should have heard from You before this time if You had not met with great difficulties in the Disquisition of either For the First His Majesty hath not been without much thought upon the Argument and hath done much towards the Accommodation of many particular Persons and You shall not be at Your Journeys end before His Majesty will put that Business concerning Sales into such a way of Dispatch that he doubts not You will find a good Progress made in it before Your coming together again and I believe the Persons concerned will be very much to blame if they receive not good Satisfaction And some of You who stay in Town shall be advised and consulted with that Setlement The other of Religion is a sad Argument indeed It is a Consideration that must make every religious heart to bleed to see Religion which should be the strongest obligation and cement of Affection and brotherly kindness and compassion made now by the Wranglings of passionate and froward Men the ground of all animosity hatred malice and revenge And this unruly and unmanly Passion which no question the Divine Nature exceedingly abhors sometimes and I fear too frequently transports those who are in the right as well those who are in the wrong and leaves the latter more excusable then the former when men who find their manners and dispositions very conformable in all the necessary obligations of humane Nature avoid one anothers Conversation and grow first unsociable and then uncharitable to each other because one cannot think as the other doth And from this separation we intitle God to the Patronage of and Concernment in our Fancies and Distinction and purely for his sake hate one another heartily It was not so of old when one of the most ancient Fathers of the Church tells us That Love and Charity was so signal and eminent in the Primitive Christians that it even drew Admiration and Envy from their Adversaries Vide inquiunt ut invicim se diligunt Their Adversaries in that in which they most agreed in their very prosecution of them had their Passions and Animosities amongst themselves they were only Christians that loved and cherished and comforted and were ready to die for one another Quid nunc illi dicerent Christiani si nostra viderent tempora says the incomparable Grotius How would they look upon our sharp and virulent Contentions in the Debates of Christian Religion and the bloudy wars that have proceeded
me for he had something to say And I answered him If he had any thing to say I should be so civil to give him the hearing when I had time for then I was in haste Then he came the next Day with the same Request and I returned the Answer Then the third time being Wednesday he came again and used great Importunity and expressed some Kindnesses as if he had been a Suitor and prevailed with me to go into the Burrough with him to an Ale-house where were two Men more of his Company And after some little Discourse he propounded to me this wicked and horrid Design which I was to have been engaged in with them that is to let them into my Master's house to set it on fire And for a Reward they promised me two thousand Pounds which Sum I was to receive at the Fleece-Tavern in Holborn enquiring for a Room in the said Tavern called the Figure Nine Then coming out of the Ale-house they would fain have had me away with them saying Come let us take Coach and go into Fleet-street for said they there we have a Priest of ours who lodges at a Grocer's that shall confess you and give you the Sacrament I told him I could not possibly go then So this John Satterthwait went homewards with me almost to my Master's house and as we went along he charged me that I should not divulge it to any Person in the World living for if I did I should certainly die for it and that quickly in this World and be damned in the other Then he came on the next Day and gave me the same Charge to keep it secret And then on Saturday he came and enquired of me the best time that he might come to do this most horrid and devilish Action saying Would not Four or Five of the Clock be a good time And I said Yes Accordingly he came and conveyed himself into the Dye-house or thereabouts while Nine or ten of the Clock that Evening about which time the Fire was discovered Whereupon with the Fear and Dread he had put upon me I did deny it to the Company that came in to quench it but after that he was there whom I saw amongst the rest of the Company But I had much Horrour upon my Conscience and after some short time I confess'd the whole Crime for which I now die And my Examination before Justice Reading and Justice Freeman was all true And this I affirm and do desire all Protestants to believe that John Satterthwait kindled those three Fires in my Master's House First in the Dye-house by the Pump Secondly in the Buttery And Thirdly in the Garret Which last Fire he kindled whilst the People were putting out the other See the large Account of this called A Warning to Servants and a Caution to Protestants Printed in the Year 1680. An Account of the Firing Mr. Robert Bird 's House in Fetter-Lane April the 10th 1679. by the Perswasion of Nicholas Stubbs a Papist ELizabeth Oxley Servant to Mr. Robert Bird upon her Examination saith That about Michaelmas last she was acquainted with Nicholas Stubbs who had several times used many Perswasions to turn her Papist and after her shewing a liking to it and that he supposed she embraced that Perswasion in his Discourse to her at several times he told her that before the 28th of June next she should see all the Protestants destroyed that were in England that the Pope should be King over England that all that would turn to the Popish Religion should live far better than now they did that all the Land were Hereticks and it were a meritorious Act to destroy them and that all such as were Papists should have Marks upon their Hats whereby to distinguish them from Protestants that they might not be destroyed amongst them Adding that the Nation do believe that all things will be over before the 23d Day of June but they would be deceived for all should be destroyed at or before that time That the D. of Y. was the bravest Prince living and that he was gone out of the Kingdom lest the Hereticks should cut off his Head and he would not return till they were destroyed that the Lords in the Tower would not one of them suffer for they would come off well euough being to be tried by the Lords and that the Scaffolds were set up for fashion sake That she telling the said Stubbs that she was hired to live with one Mr. Bird about the middle of Fetter-Lane he used Perswasions to her at several times to set Fire on her Masters house telling her if she would do it he would give her 5 l. and gave her half a Crown and said he would have other Houses in Holborn Fired at the same time by others That she being with the said Stubbs on Sunday before the said Fire promised to Fire her Masters House on Thursday or Friday night following and accordingly on Thursday night she took a Candle and set Fire to her Masters Papers in his Study which were in a kind of a Press and they being on a Light Fire she shut the Doors and went up Stairs into her own Chamber in the top of the House and packed up her own things and undressed her self lest her Master should suspect her and there stayed till a great knocking was at the Door and the Watch-men crying out Fire whereupon she run down Stairs and cried Fire and her Master gave her the Keys to open the Door which done all Hands were employed to quench the Fire And she saith she did not set Fire on her Master's house out of any Malice to him nor with intent to rob him but meerly to carry on the Design which Stubbs had proposed to her and out of hopes of his Reward Nicholas Stubbs upon his Examination owns and sets forth to have used Discourses to the said Elizabeth as she declareth in her Examinations and saith he did perswade her to fire her Masters house and was to give her five Guineas for doing it besides half a Crown in Hand And saith that one Father Gyfford a Priest and his Confessor had put him upon this Business and told him it was no sin to Fire all the houses of Hereticks and Hugonots That he acquainted Flower alias Darby and one Roger _____ another Irish man that Lodged at the Coach and Horses in the same Street That the said Father Gyfford promised him a 100 l. for the same and told him he was to have the Money from the Church That they used to meet the said Gyfford and other two Persons in St. James Fields in the dark of the Evening and to discourse of these Matters and that the several Informations that he had given the said Elizabeth Oxley he had from the said Father Gyfford and saith Flower and Roger _____ told the said Stubbs they would carry on the said Fire and that they had Fire-Balls for that purpose and that they would fire other
given to such Papists as inhabit in Corporations there 5. That your Majesties Letters of the 28th of September 1672. and the Order of Council thereupon whereby your Subjects are required not to prosecute any Actions against the Irish for any Wrongs or Injuries committed during the late Rebellion may likewise be recalled 6. That Colonel Talbot who hath notoriously assumed to himself the Title of Agent of the Roman Catholicks in Ireland be immediately dismissed out of all Command Military and Civil and forbidden Access to your Majesties Court. 7. That your Majesty would be pleased from time to time out of your Princely Wisdom to give such further Order and Directions to the Lord Lieutenant or other Governour of Ireland for the time being as may best conduce to the Encouragement of the English Planters and Protestants Interest there and the Suppression of the Insolencles and Disorders of the Irish Papists there These our humble Desires we present to your Majesty as the best means to preserve the Peace and Safety of that your Kingdom which hath been so much of late in Danger by the Practices of the said Irish Papists particularly Richard and Peter Talbot and we doubt not but your Majesty will find the happy Effects thereof to the great Satisfaction and Security of your Majesties Person and Government which of all earthly things is most dear to your Majesties most Loyal Subjects Ordered October 20. 1673. THat an Address be made to his Majesty by such Members of this House as are of his Majesties Privy-Council to acquaint his Majesty that it is the humble desire of this House that the intended Marriage of his Royal Highness with the Dutchess of Modena be not consummated and that he may not be Married to any Person but of the Protestant Religion And the same Day the Parliament was Prorogued till Monday next The Address of the Parliament to his Majesty WE your Majesties most Humble and Loyal Subjects the Commons in this present Parliament assembled being full of Assurance of your Majesties gracious Intentions to provide for the Establishment of Religion and the Preservation of your People in Peace and Security and foreseeing the dangerous Consequences which â—ay follow the Marriage of his Royal Highness the Duke of York with the Princess of â—â—â—dena or any other of the Popish Religion we hold our selves bound in Conscience â—â—d Duty to represent the same to your Sacred Majesty not doubting but these constant Testimonies which we have given your Majesty of our true and loyal Affections to your Sacred Person will easily gain a Belief that these our humble Desires proceed from Hearts still full of the same Affections toward your sacred Majesty and with intentions to establish your Royal Government upon those true Supports of the Protestant Religion and the Hearts of your People with all Humility desiring your Majesty to take the same into your Princely Consideration and to relieve your Subjects from those Fears and Apprehensions which at present they lie under from the Progress hath been made in that Treaty We do therefore humbly intreat your Majesty to consider that if this Match do proceed it will be a means to disquiet the Minds of your Protestant Subjects at home and to fill them with endless Jealousies and Discontents and will bring your Majesty into such Alliances abroad as will prove highly prejudicial if not destructive to the Interest of the very Protestant Religion it self And we find by sad Experience that such Marriages have encreased and encouraged Popery in this Kingdom and given opportunity to Priests and Jesuits to propagate their Opinions and seduce great Numbers of your Majesties Subjects And we do already observe how much the Party is animated with the hopes of this Match which were lately discouraged by your gracious Concessions in the last Meeting in this Parliament That we greatly fear this may be an Occasion to lessen the Affections of the People to his Royal Highness who is so nearly related to the Crown and whose Honour and Esteem we desire may always be intirely preserved That for another Age more at the least this Kingdom will be under the continual Apprehensions of the Growth of Popery and the Danger of the Protestant Religion Lastly We consider that this Princess having so near a Relation and Kindred to many Eminent Persons of the Court of Rome may give them great Opportunities to promote their Designs and carry on their Practices among us and by the same means penetrate into your Majesties most Secret Counsels and more easily discover the State of the whole Kingdom And finding that by the Opinions of very Learned Men it is generally admitted that such Treaties and Contracts by Proxies are dissolvable of which there are several Instances to be produced We do in all humbleness beseech your Majesty to put a stop to the Consummation of this intended Marriage And this we do the more importunately desire because we have not yet the Happiness to see any Issue of your Majesty's that may succeed in the Government of these Kingdoms which Blessings we most heartily pray Almighty God in his due time to bestow upon your Majesty and these Kingdoms to the unspeakable Joy and Comfort of all your Majesty's Subjects who desire nothing more than to continue under the Reigns of your Majesty and your Royal Posterity for ever October 30. 1673. Mr. Secretary Coventry brought from his Majesty an Answer to the Address presented to him touching the Duke of York as followeth C. R. HIS Majesty having received an Address from the House of Commons presenting their humble Desire that the intended Marriage betwixt his Royal Highness and the Princess of Modena may not be Consummated Commanded this Answer to be returned That he perceived the House of Commons have wanted a full Information of this Matter the Marriage not being barely intended but Compleated according to the Forms used amongst Princes and by His Royal Consent and Authority Nor could He in the least suppose it disagreeable to His House of Commons His Royal Highness having been in the view of the World for several Months engaged in a Treaty of Marriage with another Catholick Princess and yet a Parliament held during the time and not the least Exception taken at it An Address ordered to be presented to His Majesty concerning a Marriage between his Royal Highness and the Princess of Modena and a Committee appointed to that purpose A Committee appointed for preparing a Bill for a general Test to distinguish between Protestants and Papists and those that shall refuse to take it be incapable to enjoy any Office Military or Civil or to sit in either Houses of Parliament or to come within five miles of the Court. The House adjourned till Monday October 31. 1673. Resolved That the House considering the present Condition of the Nation will not take into any further Debate the Consideration of any Aid or Supplies or Charge upon the Subjects before the time of Payment of
or two Months and then they assure the Court since they can get no good by them they shall take no harm and therefore to stop them from some worthy Undertaking they by their feigned Zeal against Court Corruptions put them upon Impeaching some Treasurer Councellor or Minister of State and having spent half our time about this the rest is spent for the Clergy upon Church-Work which we have been so often put upon and tired with these many Sessions Though Partiality unbecomes a Parliament who ought to lay the whole Body that we represent alike easie Nonconformists as well as Conformists for we were chosen by both and with that Intention that we should oppress neither To lay one part therefore of the Body on a Pillow and the other on a Rack sorts our Wisdom little but our Justice worse You now see all our Shapes save only the Indigents concerning whom I need say but little for their Votes are publickly saleable for a Guinea and a Dinner every Day in the Week unless the House be upon Money or a Minister of State For that is their Harvest and then they make their Earnings suit the Work they are about which inclines them most constantly as sure Cliants to the Court. For what with gaining the one and saving the other they now and then adventure a Vote on the Country side but the dread of Dissolution makes them strait tack about The only thing we are obliged to them for is that they do nothin Gratis but make every Tax as well Chargeable to the Court as burthensom to the Countrey and save no Mans Neck but they break his Purse And yet when all is said did but the Countrey Gentry rightly understand the Interest of Liberty Let the Courtiers and Indigents do what they could they might yet at last deserve the Name of a worthy English Parliament which that we may do is not more passionately your Desire then it also is of SIR Your most Humble Servant T. E. A SPEECH MADE BY Sir William Scrogg ONE OF HIS Majesties Sergeants at Law To the Right Honourable the Lord High Chancellor Of ENGLAND AT HIS Admission to the Place of One of His Majesties Justices of the Court of Common-Pleas My Lord THAT the King's Favour is the Effect of the Duty I have paid him which your Lordship is pleas'd to call Service is the most welcome and pleasing part of his Kindness and I trust we shall still see such Times that no Man shall hope to have it or keep it on any other Account The right Application of Rewards and Punishments is the steady Justice of a Nation where though the Rewards of Kings exceed what a Subject can merit they should never reach him that demerits To return Good for Evil may be an Obligation of Charity It is never of Bounty And the taking off as they call it of an Ambitious and therefore a Factious Man by Favours is the worst way to stop or open his Mouth for he will whisper one way louder then he will speak the other And when you think you gain one Enemy you make many On such an Occasion as this I think it very proper to give your Lordship some Account what Considerations I have had in order to the Discharge of my Duty in this Place since the King 's first Intimations of his Pleasure And that respects Matters either as they stand betwixt the King and his People or betwixt Man and Man As for the First I know that the Law gives such Prerogatives to the King that to endeavour more were to desire worse and it gives to the People such Liberties that more would be Licentious What then hath a Man to do that hath Courage enough to be Honest but to Apply his Understanding to the Ministration of those Laws justly to both wherein I may say that the Cases will be rare that will be difficult in themselves They may be made so from sinister Causes when Men thinking to serve a Turn or like Pilate to please the People deliver up that which is Right to be Crucified Then they are fain to rack their Fancies to make good their Faults This makes such nice Distinctions and such strained Constructions till they leave nothing plain in the World Whereas in truth the Duty we owe to the King and his People is like the Duty we owe to God not hard to understand whatever it is to Practise This Court My Lord 't is true is properly a Court of Meum and Tuum where Prerogative and Liberty are seldom Plaintiffs or Defendants but yet 't is certain that even in private Causes Matter of Government many times intervenes and the Publick is concern'd by Consequence And therefore I think it fair and like English Honesty and Plainness something to unveil one's self in that particular that Men may know before-hand what they may expect And herein I do declare I would no more wrong or lessen the People's Liberties then I would sacrifice up my Son But then I will no more derogate from the King's Prerogative then I would betray my Father My Lord In time when Faction is so bold as to be bare-fac'd and false and seditious News is openly talk'd and greedily embrac'd when the King 's reasonable Demands are disputed and turned into Cavils and those that oppose 'em talk confidently and those that should maintain 'em speak fearfully and tenderly when the Reverence we owe to the King is paid to the People the Government is beset the King is in Danger and there is nothing wanting but Opportunity But when to prevent that Opportunity Men are afraid and hold it dangerous to avoid the Danger when we dare not call a Crime by its right name and for some find none and a Mischief must be effected before we will think it one When dangerous Attempts are minc'd and by some trivial difference Treason is distinguish'd into a Trespass when Men are forward and ventrous enough in what thwarts the Government but in supporting it seem grave and cautious nice and timorous and so fill'd with Prudentials till they are as wise as fear can make 'em The Law is enervated and becomes useless to its greatest end which is the Preservation of the whole 'T is true in Publick Causes the same Integrity is necessary as in Private But that is but part of a Judge's Duty He must be Magnanimous as well as Virtuous And I acknowledge it to be a main and principal part of my Duty as it relates to the King and his People with hearty Resolution to suppress all open Force and private Confederacies not thinking any thing little that attempts the Publick Safety for when the Motives are small the Danger is greater when Discontents exceed their Causes And for the Discharge of my Duty betwixt Party and Party it is impossible to be performed without these two Cardinal Virtues Temper and Cleanness of Hands Temper comprehends Patience Humility and Candor It seems to me that Saying Be quick
to hear and slow to speak was made on purpose for a Judge No Direction can be apter and no Character becomes him better and he that would not be said to have but one Ear methinks should be ashamed to have none And I appeal to your Lordships Experience if a patient Attention accompanied with indifferent Parts and a Competency in the Law with a mind fairly disposed for Information or Conviction will not as to Use and common Benefit exceed the profoundest Knowledge and most towering Understanding that is attended with an impetuous Haste either out of a glory of Speaking or too great a fulness of himself And for Humility Though I will not say that every Impatient Man is proud because that may arise from other Causes yet every proud Man is impatient sometimes of Information always of Contradiction and he must be violent to maintain his own Imperiousness Harshness is a needless and unbecoming Provocation It makes Men hate where they should fear and reverence And yet by Gentleness I understand not Tameness but Moderation not without Rebukes but without Taunts For Corruption that Perverter of Law and Destruction of Property that leaves in the World neither Bonum nor Equum for when he does Right he does not Justice and he that sells Justice will sell Injustice 'T is not only to be avoided but abhorred and not alone in its direct Approaches but in Relatives and Servants those By-ways of Bribery and it becomes every man so manifestly to detest that it may scare even the Attempt for no Man is sufficiently safe unless to his Power he avoids the Suspicion as well as the Fault Practise does one and that which makes me speak this a publick Profession against it is the way to do the other And where Gifts prevail not yet if Fear Relation or Popularity sway 't is the same thing If there be a Byass put to a Man it matters not of what 't is made Nay these are worse than Corruption by Money for there both sides may have the same Tools when a Man cannot make himself a Kin nor his Cause Popular And now give me leave My Lord to shew why I thought it fit nay extreamly necessary to say something on the particulars I have mentioned First to satisfie your Lordship and the World I undertake not this Place without due Considerations of the Duty belongs to it Next It is some Tye upon a Man not to commit those Errors he hath in Publick declaimed against for he must add Impudence to his Crime to have his own words fly in his face with which every Man will upbraid and no Man can excuse him My Lord In a Discourse on such an Occasion as this where Men are concern'd in Point of Interest for so they are when a Judge is made my Aim is not to say what will please their Humours but what should satisfie their Minds Neither am I so vain as to think I shall do that with all nor much concerned though it fall out so If Reputation and a good Name can be got by doing my Duty 't is welcome but if it must be sought by other Arts I will be no Seeker especially considering that the Applause of the Multitude that Contingent Judge of Good and Bad rather attends the Vain than the Virtuous and is oftner sought by such too The Approbation of the Wise which are the Few and of the Honest by which I intend Men heartily affected to the Government I acknowledge I earnestly covet for them that are otherwise I court not their good Opinion because I fear not their bad and would not draw that Suspicion upon my self that Men may say What Ill has he done that those Men speak so well of him I never was of their Party nor never will be And to be even with them I think as meanly of them as they do of Loyalty whose Misfortunes are more to be esteemed than their Triumphs The good Words of such as truly love their Country which no Man ever did that does not love his Prince indeed I highly prize and will endeavour to deserve though your Lordship at this time has been before-hand with me in that Particular by bestowing them upon me first and so many that I am ashamed I have been no better to have made 'em good But because your Lordship is willing and able to render any Man much better then he is they ought to be esteemed as the Proceed of a Generous Nature and an Indulgent Prudence which by telling me what I am does but kindly insinuate what I should be My Lord I will waste no more of your Time though I omit those usual Returns of formal Thanks for they are of course or extream wondring at the great Surprizals of the Kings Favour and those humble yet high Debasements of ones Self which look like Modesty but is a sort of Bravery My Thanks shall be paid in what the KING likes best Service to His People The wonder will cease by that time I get to the Bench and my Defects are best confest by endeavouring to amend them A DISCOURSE UPON THE Designs Practices Counsels OF FRANCE SIR YOU gave me a Brief and a Pertinent Deduction the other Day of the French Practices and Designs the Progress of their Arms and the Methods of their Proceedings Together with a Scheme of the inevitable Ruine and Slavery that threatens Europe without a speedy and a powerful Conjunction against them After this general Contemplation of the present State of Christendom you were pleased to take a particular Prospect of the Interest of this Nation and how far we are to reckon our selves concerned in the Common Calamity Coming at last to this Conclusion That England cannot reasonably expect to stand long after the Loss of Holland and Flanders For the Support of this Opinion besides the Force of your own Reasoning you referr'd me to several Historical and Political Treatises upon the Subject which I have diligently examin'd and made use of in this following Discourse wherein I take the Freedom to give you my Thoughts upon the whole matter Your first Charge upon the French was Breach of Faith and you pitch'd upon the Cases of Spain and Portugal the barbarous usage of the Duke of Lorain and the Nulling of the most Christian Queens Renunciation upon Marriage which was the very Foundation of the Pyrenean Treaty by a pretended Devolution of the Spanish Netherlands in the Right of that Match Their underhand Tampering of Denmark and Swede to draw the One from us and hinder the Other from joyning with us the Influence they had upon our Disgrace at Chatham their playing Booty on both sides betwixt England and Holland in the Dutch-war and to these Instances which are all so notorious that they need no expounding you might have added a thousand more of the like Quality But these may suffice for a seasonable and a necessary Caution and without the Helps of Aggravation and Clamour especially that
most willingly bind our selves every one of us to the other joyntly and severally in the Band of one Firm and Loyal Society And do hereby Vow and Promise by the MAJESTY OF ALMIGHTY GOD That with our whole Powers Bodies Lives and Goods and with our Children and Servants We and every of us will faithfully serve and humbly obey our said Sovereign Lady Queen Elizabeth against all States Dignities and Earthly Powers whatsoever and will as well with our joynt and particular Forces during our Lives withstand offend and pursue as well by Force of Arms as by all other means of Revenge all manner of Persons of what State soever they shall be and their Abettors that shall attempt any Act Council or Consent to any thing that shall tend to the Harm of her Majesties Royal Person and will never desist from all manner of Forcible Pursuit against such Persons to the utter Extermination of them their Counsellors Aiders and Abettors And if any such wicked Attempt against her most Royal Person shall be taken in hand or procured whereby any that have may or shall pretend Title to come to this Crown by the untimely Death of her Majesty so wickedly procured which God for his Mercy sake forbid may be avenged We do not only bind our selves both joyntly and severally never to Allow Accept or Favour any such pretended Successor by whom or for whom any such detestable Act shall be Attempted or Committed as unworthy of all Government in any Christian Realm or Civil State But do also further Vow and Protest as we are most bound and that in the Presence of the Eternal and Everlasting God to Prosecute such Person and Persons to Death with our joynt or particular Forces and to ask the utmost Revenge upon them that by any means we or any of us can devise and do or cause to be devised and done for their utter Overthrow and Extirpation And to the better Corroboration of this our Loyal Band and Association We do also testifie by this Writing that we do confirm the Contents hereof by our Oaths corporally taken upon the Holy Evangelist with this express Condition That no one of us shall for any respect of Persons or Causes or for Fear or Reward separate our selves from this Association or fail in the Prosecution thereof during our Lives upon pain of being by the rest of us prosecuted and supprest as perjur'd Persons and as Publick Enemies to God our Queen and to our Native Country To which Punishment and Pains we do voluntarily submit ourselves and every of us without Benefit of any Colour or Pretence In Witness of all which Premises to be inviolably kept we do to this Writing put our Hands and Seals and shall be most ready to accept and admit any other hereafter to this Society and Association The ACT of Parliament of the 27th of Queen Elizabeth in Confirmation of the same FOrasmuch as the good Felicity and Comfort of the whole Estate of this Realm consisteth only next under God in the Surety and Preservation of the Queens most excellent Majesty And for that it hath manifestly appeared that sundry wicked Plots and Means have of late been devised and laid as well in Foreign Parts beyond the Seas as also within this Realm to the great indangering of his Highness most Royal Person and to the utter Ruine of the whole Commonweal if by Gods merciful Providence the same had not been revealed Therefore for preventing of such great Perils as might hereafter otherwise grow by the like detestable and divilish Practices at the humble Suit and earnest Petition and Desire of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same Parliament Be it Enacted and Ordained if at any Time after the end of this present Session of Parliament any open Invasion or Rebellion shall be had or made into or within any of Her Majesties Realms or Dominions or any Act attempted tending to the hurt of her Majesties most Royal Person by or for any Person that shall or may pretend any Title to the Crown of this Realm after her Majesties Decease or if any thing shall be compassed or imagined tending to the hurt of her Majesties Royal Person by any person or with the Privity of any person that shall or may pretend Title to the Crown of this Realm that then by Her Majesties Commission under Her Great Seal the Lords and other of Her Highness Privy Council and such other Lords of Parliament to be Named by her Majesty as with the said Privy Council shall make up the Number of Four and twenty at the least ving with them for their Assistance in that behalf such of the Judges of the Courts of Record at Westminster as Her Highness shall for that purpose assign and appoint or the more part of the same Council Lords and Judges shall by virtue of the Act have Authority to examine all and every the Offences aforesaid and all Circumstances thereof and thereupon to give Sentence or Judgment as upon good proof the matter shall appear unto them And that after such Sentence or Judgment given and Declaration thereof made and published by Her Majesties Proclamation under the Great Seal of England all persons against whom such Sentence or Judgment shall be so given and published shall be excluded and disabled for ever to have or claim or to pretend to have or claim the Crown of this Realm or of any Her Majesties Dominions any former Law or Statute whatsoever to the contrary in any wise notwithstanding And that thereupon All Her Highness Subjects shall and may lawfully by virtue of this Act and Her Majesties Direction in that behalf by forcible and possible means pursue to Death every such wicked person by whom or by whose means assent or privity any such Invasion or Rebellion shall be in Form aforesaid denounced to have been made or such wicked Act attempted or other thing compassed or imagined against Her Majesties Person and all their Aiders Comforters and Abettors And if any such detestible Act shall be Executed against her Highness most Royal Person whereby Her Majesties Life shall be taken away which God of his great mercy forbid that then every such person by or for whom any such Act shall be executed and their Issues being any wise assenting or privy to the same shall by virtue of this Act be excluded and disabled for ever to have or claim or pretend to have or claim the said Crown of this Realm or of any other Her Highness Dominions any former Law or Statute whatsoever to the contrary in any wise notwithstanding And that all the Subjects of this Realm and all other Her Majesties Dominions shall and may lawfully by virtue of this Act by all forcible and possible means pursue to Death every such wicked Person by whom or by whose means any such detestible Fact shall be in Form hereafter expressed denounced to have been
committed and also their Issues being any way assenting or privy to the same and all their Aiders Comforters and Abettors in that behalf And to the end that the intention of this Law may be effectually Executed if Her Majesties Life shall be taken away by any violent or unnatural means which God defend Be it further Enacted by the Authority aforesaid That the Lords and others which shall be of Her Majesties Privy Council at the time of such Her Decease or the more part of the same Council joyning unto them for their better Assistance five other Earls and seven other Lords of Parliament at the least foreseeing that none of the said Earls Lords or Council be known to be persons that may make any Title to the Crown those persons which were Chief Justices of either Bench Master of the Rolls and Chief Baron of the Exchequer at the time of Her Majesties Death or in Default of the said Justices Master of the Rolls and Chief Baron some other of those which were Justices of some of the Courts of Records at Westminster at the time of Her Highness Decease to supply their Places or any Four and twenty or more of them whereof Eight to be Lords of the Parliament not being of the Privy Council shall to the uttermost of their Power and Skill examine the cause and manner of such Her Majesties Death and what persons shall be any way Guilty thereof and all Circumstances concerning the same according to the true meaning of this Act and thereupon shall by open Proclamation publish the same and without any delay by all forcible and possible means prosecute to Death all their Aiders and Abettors And for the doing thertof and for the withstanding and suppressing of all such Power and Force as shall any way be levied or stirred in Disturbance of the due Execution of this Law shall by virtue of this Act have Power and Authority not only to raise and use such Forces as shall in that behalf be needful and convenient but also to use all other means and things possible and necessary for the maintenance of the same Forces and prosecution of the said Offenders And if any such Power and Force shall be levied or stirred in Disturbance of the due Execution of this Law by any person that shall or may pretend any Title to the Crown of this Realm whereby this Law may not in all things be fully Executed according to the effect and true meaning of the same That then every such person shall by virtue of this Act be therefore excluded and disabled for ever to have or claim or to pretend to have or claim the Crown of this Realm or of any other Her Highness Dominions any former Law or Statute whatsoever to the contrary notwithstanding And be it further Enacted by the Authority aforesaid and all and every the Subjects of all Her Majesties Realms and Dominions shall to the uttermost of their Power aid and assist the said Councel and all other the Lords and other Persons to be adjoyned to them for Assistance as is aforesaid in all things to be done and executed according to the effect and intention of this Law And that no Subject of this Realm shall in any wise be impeached in Body Lands or Goods at any time hereafter for any thing to be done or executed according to the Tenour of the Law any Law or Statute heretofore made to the contrary in any wise notwithstanding And whereas of late many of Her Majesties good and faithful Subjects have in the Name of God and with the Testimonies of good Consciences by one Uniform manner of Writing under their Hands land Seals and by their several Oaths voluntarily taken joyned themselves together in one Bond and Association to withstand and revenge to the uttermost all such malicious Actions and Attempts against Her Majesties most Royal Person Now for the full Explaining of all such Ambiguities and Questions as otherwise might happen to grow by reason of any sinister or wrong Construction or Interpretation to be made or inferred of or upon the words or meaning thereof Be it Declared and Enacted by the Authority of this present Parliament That the same Association and every Article and Sentence therein contained as well concerning the Disallowing Excluding or Disabling any Person that may or shall pretend any Title to come to the Crown of this Realm as also for the pursuing and taking Revenge of any person for any such wicked Act or Attempt as is mentioned in the same Association shall and ought to be in all things expounded and adjudged according to the true intent and meaning of this Act and not otherwise nor against any other person or persons A Word without Doors concerning the BILL for SUCCESSION SIR I AM very sensible of the great Honour you were pleas'd to do me in your last which I received immediately after our late unhappy Dissolution but could have wished you would have laid your Commands on some more able Person to have given you Satisfaction in the matter you there propose relating to the Duke who you seem to insinuate was like if the Parliament had continued to have received hard measure I must ingeniously confess to you I was not long since perfectly of your Opinion and thought it the highest Injustice imaginable for any Prince to be debar'd of his Native Right of Succession upon any pretence whatsoever But upon a more mature Deliberation and Enquiry I found my Error proceeded principally from the falso Notions I had took up of Government it self and from my Ignorance of the Practiâ—â—â— of all Communities of Men in all Ages whenever Self-preservation and Necessity of their Affairs obliged them to declare their Opinion in Cases of the like Nature To the knowledge of all which the following Accident I shall relate to you did very much contribute My Occasions obliging me one day to attend the coming of a Friend in a Coffee-house near Charing-Cross there happened to sit at the same Table with me Two Ingenious Gentlemen who according to the Frankness of Conversation now used in the Town began a Discourse on the same Subject you desire to be more particularly informed in and having Extolled the late House of Commons as the best number of Men that had ever sate within those Walls and that no House had ever more vigorously maintained and asserted English Liberty and Protestant Religion than they had done as far as the nature of the things that came before them and the Circumstances of time would admit to all which I very readily and heartily assented they then added That the great Wisdom and Zeal of that House had appeared in nothing more than in Ordering a Bill to be brought in for debarring the Duke of Y. from inheriting the Crown A Law they affirmed to be the most just and reasonable in the World and the only proper Remedy to establish this Nation on a true and solid Interest both Relation to the present
and undoubted Priviledges of the People have been lately invaded by the Judges that now sit in Westminster-hall they have Espoused Proclamation against Law they have discountenanced and opposed several legal Acts that tended to the sitting of this Honourable House they have grasped the Legislative Power into their own Hands as in that Instance of Printing the Parliament was considering that matter but they in the interim made their private Opinion to be Law to supersede the Judgment of this House They have discharged Grand Juries on purpose to quel their Presentments and shelter great Criminals from Justice and when Juries have presented their Opinion for the sitting of this Parliament they have in disdain thrown them at their Feet and told them they would be no Messengets to carry such Petitions and yet in a few days after have encouraged all that would spit their Venom against the Government they have served an Ignorant and Arbitrary Faction and been the Messengers of Abhorrences to the King Mr. Speaker What we have now to do is to load them with shame who have bid defiance to the Law they are guilty of Crimes against Nature against the King against their Knowledge and against Posterity The whole frame of Nature doth loudly and daily petition to God their Creator and Kings like God may be addressed to in like manner by Petition not Command They likewise knew it was lawful to petition Ignorance can be no Plea and their Knowledge aggravates their Crimes The Children unborn are bound to curse such Proceedings for 't was not petitioning but Parliaments they abhorr'd The Atheist pleads against a God not that he disbelieves a Deity but would have it so Tresilian and Belknap were Judges too their Learning gave them Honour but their Villanies made their Exit by a Rope The end of my Motion therefore is That we may address warmly to our Prince against them let us settle a Committee to enquire into their Crimes and not fail of doing Justice upon them that have perverted it let us purge the Fountain and the Streams will issue pure November the 17th being appointed for consideration of His Majesty's Message the Order being read it was moved by a worthy Member THAT as long as Popery hangs over us we could do nothing and we ought to represent our condition to the King and then when we had secured our Religion and Property we should be ready to do any thing that might make the King happy and great A Second I am sorry that Tangier that is a Supply is moved for at so unseasonable a time I confess Tangier is of great moment but we have now in hands that which is of greater moment than ten Tangiers put together The consideration of that before we are secure in our Religion at home is as when an Enemy was landed we should afterwards go to fortifie the Coasts of Kent And being told us by His Majesty we should secure our selves against Popery by all ways but meddling with the Succession and should rest there we are prevented of what is our preservation And the providing for Tangier now will be the weakening of our Security When Tangier was put into the hands of the English first there was an Article that there should continue a Popish Church and the Religion that belonged to it to continue their Lives but not to be replenish'd with new And if it be enquir'd into I believe it will be found the number of them is not yet decreased It is not long since there was a Popish Governour there many Papists and Souldiers gone thither lately from Ireland It is not a little Sum that will do what is needful there and if it should be a considerable one that should be given for it it may be made use of to raise an Army there so that we run into a great Inconveniency by providing for it I think we ought to consider well of it before we do And yet I am not for sullenly saying we will raise no Money but for clearly stating the Case by an Address to the King A Third I am only to acquaint you That Tangier is not to be maintained without your Support A Fourth All things are to be considered comparatively and if it be made an Argument against the Duke's Bill that is at the Head of an Army in Scotland and that in Ireland there are ten Papists to one Protestant his great interest in the Fleet and being Admiral and Tangier being a Seminary of Papists then sure you have a special Argument to take Tangier into your Consideration and Money may be for that Service But then this Parliament do not ask Petitions of Grace but of Right And will you part with your Money without any Security You have often done so and what are you the better for it I long for the time when we may give Money to make the King great but if things must go on as they do I am for a plain Bargain to know what we shall have for our Money For my part I only desire our Security but if we should give Money I suppose you will take care what hands we put it in and there ought to be a Trust Let us Address His Majesty A Fifth We are told Tangier is of Importance it is a Nursery of Papists And we are likewise told The Irish sent thither a part of the Irish Army and they take the Oath that is no Security Was not the Lord Bellassis Governour of Tangier and Hull and the Pensioners Captain all at a time and took the Oaths those Souldiers for ought I know may be brought hither and the asking for a Supply for it at this time is very unreasonable because Parliaments have been put off two or three years and whilst there are people that dare make a difference between the King and this House we shall never be safe Let us represent our Condition as boldly as may stand with good manners It is not to be endured to see the Duke preferred before the King as he was as if Arguments of his Greatness and Power were Arguments strong enough to hinder the Bill He hath violated the Law and we needed not to have gone this way to work if we could have had Justice against him but he is too great for that let us Address His Majesty A Smith If Tangier be wholly under the Duke's Care and Protection and such a Seminary for Papists as hath been represented I think no motion to have a Supply for it is unseasonable and am against it order the bringing in the state of it A Seventh I spoke the fence of the City formerly and do so now again and in the name of the greatest part of the Commonalty of the City of London and we do declare That we are ready to give Money half we have nay all and be content to set up again and get new Estates if we can but be secured The burning of London justly laid upon the Papists and
Gentleman answered Mr. Speaker I wonder that Noble Lord should thus interrupt me for I have not positively affirmed any thing at all of the Duke though I have said nothing but what in my Judgment I thought might be truth and I shall not change my mind for his being displeased at it but however I am very well satisfied to say no more but only that I remember that Honourable Person by the Bar told us he would not speak to the prudential part against the Bill and truly Sir I think he has kept his Word very exactly and that whereas another Member before him objected That it was possible the Duke might turn Protestant I would only answer that I do not think it possible that any Person that has been bred up in the Protestant Religion and hath been weak enough for so I must call it to turn Papist should ever after in that respect be wise enough to turn Protestant and therefore Sir upon the whole matter my humble Motion is That the Bill may pass Debates in the House of Commons Jan. 7. 1680. upon His Majesties Message The First Speech by an Honourable Gentleman HIS Majesties relies not only on the Dictates of his own Judgment but is confirmed by the Judgment of the House of Lords but many of them have gained their Honour by Interest rather than Merit His Majesty hath given no Answer to several of your Addresses when you say nothing can secure you but this Bill that he should propose other means but if we have not the Bill we are deprived of the means to preserve His Majesties Life Person and Government I never knew that Tangier was more considerable than all the Three Kingdoms Is it time to be silent or not Why is all this stir for a Man that desires the Throne before His Majesty is dead He is in all the Plot either at one end or other who took evidence of London Fire Arbitrary Power was at the end and no Religion like Popery to set up That I will pay the Duty and Allegiance of an English-man to an English Prince But Popery and Arbitrary Power must be rooted out Can you hope for any Good while this Man is Heir an Apostate from his Religion his Government is the most dangerous Our Ministers of State give us little hopes from Whitehall I hope they will be Named First set a Brand on all them that framed the Answer and all them that shall lend Money by way of Anticipation desire him to take Advice of His Parliament rather then private Men or to let us go home and attend His Service when he shall again call for us The Second Speech by another Person of Hour I am afraid we are lost we have done our Parts shewed our selves good Subjects but some stand between the King and us to promote the Duke of York's Interest Those that advised the King not to pass the Bill deserve to be Branded The Third Speech by an Honourable Gentleman We have made the modestest Request that ever People did in such a time of Danger we have neither passed a Bill nor obtained a kind Answer our Trust must be in our Votes When the King bid us look into the Plot like well-meaning Countrey-Gentlemen we looked into the Tower we should have looked into Whitehall There the Plot is hatched cherished and brought up It would be well if all against the Bill were put out of Councel and all of this House were put out of Commission that were for it I had rather the Moors had Tangier the French King Flanders than the Pope had Eugland The Fourth Speech by a Person of Honour I think the Debate is upon a Message from the King and the most especial part is about the Bill I concur with that Noble Person rather than with all the rest But begin with the first his Majesty hath suffered us twice to address upon the Bill yet the Lords have not admitted one Conference I believe every man came unwillingly into this Bill have any that were against it proposed any thing for our Security if they will let them stand up and I will sit down I have advised with Men that know the Laws Religion and Government they say if you will preserve this Government this Law this Bill must pass We have received no expedient from the Lords the State of the Nation lies at their Door they sit to hear Causes they mind you of Mr. Seymour but say nothing of the Bills In Richard the Second his Time some Lords were said to be Lords in the King's Pocket but had no shoulders to support him It 's plain our evil comes from evil Ministers There are some that will have a Prince of one Religion on the Throne to rule the People of another a Popish Prince and a Protestant Kingdom will any Ministers of parts unless they have an indifferency of Religion think this consistent I dedicate my Allegiance to the King they to another Person so the Kingdom must be destroy'd either this limited Monarchy must stand or come to Blood on the other side Water-Monarchy is absolutely supported by little men of no Fortune and he that takes mean and low men to make Ministers of sets up for Popery and Arbitrary Government The King hath Counsels born if you have a Popish Prince and a Protestant Parliament will the King ever concur with them in matters of Religion and Property are not your Estates sprinkled with Abbey-Lands If he asks Money will you trust him must Foreigners comply with a Prince that in effect hath no People We must be overcome with France and Popery or the Body will get a new Head or the Head a new Body The Fifth Speech by a Person of Honour The House was unwilling at first to enter into a Debate about Expedients and I am not prepared to propound them any thing you have heard proposed by the King in Print if you had them they will do you no harm One day you say the King had been a good Prince if he had good Company and good Councils no great Complement to the King he offers you any thing but the Bill I humbly make my motion to try it The Sixth Speech by an Honourable Gentleman I think it becomes that Gentleman very well to be of the Opinion he is though no man else in this House I wish the D. was of that Opinion his Father desired him The Lords rejected the Bill but I am afraid the King solicited or else they would not it 's some mens interest to be for the D. but while they are at Court we shall never have it Foreign Persons have given Influence at Court the French Ministers access to Court inclines me to believe some body is paid for it The Court is a Nurcery of Vice they transmit them into the Countrey and none but such men are imployed The Seventh Speech by an Honourable Gentleman The Question now before you is Whether any other means be effectual
of that Town 2. Your Subjects are sometimes upon slight and sometimes upon no grounds imprisoned and often kept Prisoners many Months and years nothing being objected to them and are required to enter themselves Prisoners which is contrary to Law It was in the former Article expressed that many of these Persons declared incapable of publick Trust did also suffer Imprisonment and besides these instances Lieutenant General Drummond whose eminent Loyalty and great Services are well known to your Majesty was required to enter himself Prisoner in the Castle of Dunbarton where he was kept one year and a half and was made a close Prisoner for nine months of that time and yet nothing was ever objected to him to this day to justifie that Usage The Lord Cardross was for his Ladies keeping two Conventicles in her own House at which he was not present fined 110 l. and hath now been kept prisoner four years in the Castle of Edenburg where he still remains although he hath often petitioned for his Liberty and Sir Patrick Holme hath been now a second time almost one year and nothing is yet laid to his charge Besides these illegal Imprisonments the Officers of your Majesties Forces frequently carry Warrants with them for apprehending persons that are under no legal Censure nor have been so much as cited to appear which hath put many of your Subjects under great fears especially upon what was done in Council three years ago Captain Carstairs a man now well enough known to your Majesty did intrap one Kirkton an outed Minister into his Chamber at Edenburgh and did violently abuse him and designed to have extorted some money from him The noise of this coming to the Ears of one Baily Brother-in-law to the said Kirkton he came to the house and hearing him cry Murder Murder forced open the Chamber door where he found his Brother-in-law and the Captain grapling the Captain pretended to have a Warrant against Kirkton and Baily desired him to shew it and promised that all obedience should be given to it But the Captain refusing to do it Kirkton was rescued This was only delivering a man from the hands of a Robber which Nature obligeth all men to do especially when joyned with so near a Relation The Captain complained of this to the Council and the Lord Hatton with others were appointed to examine the Witnesses And when it was brought before the Council the Duke of Hamilton Earls of Mereton Dumfrize and Kinkarden the Lord Cocheren and Sir Archibald Primrose then Lord Register desired that the Report of the Examination might be read but that not serving their ends was denyed And thereupon those Lords delivered their Opinion that fithence Carstares did not shew any Warrant nor was cloathed with any publick Character it was no opposing of your Majesties Authority in Baily so to rescue the said Kirkton yet Baily was for this fined in 6000. Marks and kept long a Prisoner Those Lords were upon that so represented to your Majesty that by the Duke of Lauderdale's procurement they were turned out of the Council and all command of the Militia And it can be made appear that the Captain had at that time no Warrant at all against Kirkton but procured it after the Violence committed And it was ante-dated on design to serve a turn at that time This manner of Proceedings hath ever since put your subjects under sad apprehensions There is one particular further offered to your Majesties consideration concerning their way of using Prisoners There were 14 men taken at a Field Conventicle who without being legally Convict of that or any other crimes were secretly and in the night taken out of Prison upon a Warrant signed by the Earl of Lynlythgo and the Lord Hatton and Collington and were delivered to Captain Maytland who had been Page to the Duke of Lauderdale but was then a French Officer and was making his Levies in Scotland and were carryed over to the service of the French King in the year 1676. 3. The Council hath upon many occasions proceeded to most unreasonable and Arbitrary Fines either for slight offences or for offences where the Fine is regulated by Law which they have never considered when the persons were not acceptable to them So the Lord Cardross was Fined in 1111 l. for his Ladies keeping two Conventicles in his house and Christning a Child by an outed Minister without his knowledge The Provost formerly mentioned and Baily with many more were also fined without any regard to Law The Council hath at several times proceeded to the taking of Gentlemens Dwelling-houses from them and putting Garrisons in them which in time of peace is contrary to Law In the year 75. It was designed against twelve of your Majesties Subjects and was put in Execution in the houses of the Earl of Calender the Lord Cardrosse the Lady Lumsden c. and was again attempted in the year 78. the Houses belonging to the Leirds of Cosnock Blagan and Rowal and were possessed by Souldiers and declared Garrisons Nor did it rest there but Orders were sent from the Council requiring the Countries about those Houses to furnish them for the Souldiers use and to supply them with necessaries much contrary to Law It was against this that Sir Patrick Holme came to desire a remedy and common Justice being denied him he used a legal Protestation in the ordinary Form of Law and was thereupon kept for many Months a Prisoner and declared incapable of all publick trust c. There is another particular which because it is so odious is unwillingly touched yet it is necessary to inform your Majesty about it for thereby it will appear that the Duke of Lauderdale and his Brother have in a most solemn manner broken the publick faith that was given in your Majesties name One Mitchel being put in Prison upon great suspicion of his having attempted to murder the late Arch Bishop of St. Andrews and there being no Evidence against him Warrant was given by the Duke of Lauderdale then your Majesties Commissioner and your Council to promise him his life if he would confess Whereupon he did confess and yet some years after that person who indeed deserved many deaths if there had been any other Evidence against him was upon that confession convicted of the Crime and the Duke of Lauderdale and his Brother being put to it by him did swear that they never gave or knew of any assurance of life given him And when it was objected that the promise was upon Record in the Council books the Duke of Lauderdale did in open Court where he was present only as a Witness and so ought to have been silent threaten them if they should proceed to the Examination of that Act of Council which as he then said might infer perjury on them that swore and so did cut off the proof of that defence which had been admitted by the Court as good in Law and sufficient to save the Prisoner if
proved Thus was that man hanged upon that Confession only though the promise that drew it from him doth appear upon Record and can be proved by good and clear Evidence And from this your Majesty may judge what credit may be given to such men We do not at present enlarge on other particulars though of great importance such as Monopolies selling places of Honors turning men of known integrity out of their Imployments to which they had a good and just right during their lives the profits of one of the most considerable of these being sequestred for sometime and applyed for the Dutchess of Lauderdales use the treating about and receiving of great bribes by the Duke and Dutchess of Lauderdale and the Lord Hatton and particularly from the Towns of Edenborough Abberdeen Lynlythgo and many others for procuring from your Majesty Warrants for illegal impositions within these Towns the manifest and publick perverting of Justice in the Session besides the most signal abuses of the Mint and Copper Coin that are most grievous to all your Subjects But the number of these is so great and they will require so many Witnesses to be brought hither for proving them that we fear it would too much trouble your Majesty now to examine them all but your Majesty shall have a full account of them afterwards One thing is humbly offered to your Majesty as the root of these and many other oppressions which is that the Method of governing that Kingdom for several years hath been That the Lord Hatton and his adherents frame any Letter that they desire from your Majesty to your Council and send it to the Duke of Lauderdale who returns it signed and this is brought to the Council upon which if at any time a debate ariseth concerning the matter of that Letter as being against or with Law and when it is proposed that a representation of that should be made to your Majesty then the Lord Hatton in his insolent way calls to have it put to the question as if it were a crime to have any Warrant either debated or represented to your Majesty which is procured by the Duke of Lauderdale or himself and this is ecchoed by his Party and by this means any further debating is stopped There are some other particulars relating to these heads that are to be offered to your Majesty in other Papers which are not added here lest your Majesty should now be troubled with too long a Paper The Impeahment of the Duke and Dutchess of Lauderdale with their Brother My Lord Hatton Presented to His Majesty by the City of Edenbourgh The matters of Fact particularly relating to the Town of Edenbourgh humbly offered for your Majesties Information Before the Matter of Fact be spoken to it is necessary that your Majesty be informed of one thing upon which this whole Affair hath moved THe City of Edenbourgh had at several times given considerable sums of Money to the Duke of Lauderdale amounting to upward of Twelve Thousand pounds Sterlin and the Lord Hatton Brother to the said Duke being inraged by that their former practice and being arrived to great height and influence in the Administration of Your Majesties Affairs in Scotland did thereupon resolve on a Designe of getting Money for himself also from them as will appear to your Majesty by the following Narration but the Magistrates at that time and such others as had then the Principal Influence in the Administration of Affairs in that Town being honest Men of good Fortunes and not to be brought to comply with his Design he bethought himself of all ways to vex them and knowing they did much value the Prosperity of the Town he thought that the first means for promoting that his Design was to have them threatned with removing Your Majesties Publique Judicatures from that City to Sterlin and perswaded his Brother the Duke of Lauderdale to move Your Majesty to that purpose but being disappointed of that project by Your Majesties Royal Wisdom Your Majesty looking upon it as if it were to declare to the World that You were jealous of so great a Part of that Your Ancient Kingdom he bethought himself of new ways to accomplish his Design for which he judged nothing so proper and effectual as to disturb them in the choice of their Magistrates and Town-Counsel and by all means possible to get some of his own chusing fit for his own ends brought into the Administration of the Affairs of that City In order to which being impatient of any longer delay he laid hold of what follows being the first occasion that offer'd though a very frivolous one At Michaclmas 1674 The said City of Edenbourgh being to go about the Election of their Magistrates for the ensuing year there was procured a Letter from Your Majesty to Your Privy Counsel commanding them to forbid the Magistrates and Town Counsel to proceed in their Elections but to continue the Magistrates that then were till Your Majesty's further pleasure should be known the reason suggested to Your Majesty for it was taken from this Circumstance That the Election ought to be made upon the Tuesday after Michaelmas and it happening this year that Michaelmas fell to be on a Tuesday they were resolved to proceed to their Elections upon Michaelmas-day Though this was a very small Matter and upon very good and prudent Considerations resolved as will afterward appear yet was it represented to Your Majesty as a Factious Design and an Innovation of dangerous Consequence tending to create and maintain Faction in that City contrary to Your Majesties Service Your Majesties foresaid Letter being intimated to the Magistrates and Town-Counsel they did immediately give exact obedience to the same They did also represent to Your Majesties Privy Council the Rights that they had for chusing their own Magistrates which had been granted to them by many of Your Majesties Royal Ancestors and confirmed by many Parliaments by vertue of which they humbly conceived they ought to be suffered to proceed in their Elections They did also represent to Your Majesties Privy Council the Reasons which had moved them to resolve of making their Elections on the said Tuesday being Michaelmas day which in short were that by their Constitution they were obliged upon the Friday before Michaelmas to make the List out of which the Magistrates are to be chosen after the doing of which there is a Surcease and Vacation of all ordinary Courts of Judicature within the Town and the whole time is spent by the Common People and Tradesmen of the Town in Rioting and Drinking until the Elections be finished which in this case would have been Twelve days which they did in Prudence think they ought to shorten not conceiving it contrary in the least to the established Rules of their Election 2. On these things they did humbly crave Your Majesties Privy Council would be pleased to represent to Your Majesty that thereby they might be freed from the suspicion of any
the strictest and severest Tryal To which Petition they never received any Answer To make appear to your Majesty that these things were done for private and finistrous Designs and not upon account of the ill effectedness or factious Dispositions of the Men as was pretended Your Majesty is humbly prayed to take notice of these Particulars following First There are three of the most considerable of these very Persons who had been charged with so great Crimes admitted since that time by bribing the Dutchess of Lauderdale into a Trust in your Majesty's Affairs in Scotland more eminent and considerable than any Trust the Town of Edenburgh can confer viz. The paying off your Majesty's Forces and bringing in your Majesty's Excise Secondly No sooner were these Twelve Men turned out of the Town-Council but after many great and essential Informalities with the recital of which it is needless to trouble your Majesty they elected for Magistrates Men of no Reputation either for Parts Estate or Honesty And though these Bonds and Securities which had been demanded from the others and consented to by them was formerly pretended to be of great importance for your Majesty's Service yet they were not so much as once demanded either by the Duke of Lauderdale or the Lord Hatton from these Men who were now chosen Thirdly These new Magistrates were not long in their Seats when off comes the Mask and the true design of getting Money appears For by an Act of the Town-Council there is about 5000 l. Sterlin disposed on amongst their nameless Friends which were the Duke of Lauderdale the Lord Hatton and some other of their Friends A great Sum to be got from that City considering that the Duke of Lauderdale had got before that about 12000 l. Sterlin from them The Dutchess of Lauderdale did also since that time endeavour to get more Money from them and did with great Wrath threaten the Magistrates in plain Terms for not giving her a Present notwithstanding all the Good she said she had done for them reckoning the Favours your Majesty hath at any time been pleased to bestow upon them as done by her self Thus hath that poor Town been abused and doth now lie having Magistrates without either Conduct or Courage in a time when the Disorders of that Nation doth require Persons to be imployed there of eminent Fidelity and Capacity to serve your Majesty His Majesty's Declaration for the Dissolution of his late Privy Council And for Constituting a New one made in the Council-Chamber at White Hall April the twentieth 1679. By His Majesty's Special Command My Lords HIS Majesty hath called you together at this time to communicate unto you a Resolution he hath taken in a matter of great Importance to his Crown and Government and which he hopes will prove of the greatest Satisfaction and Advantage to his Kingdoms in all Affairs hereafter both at Home and Abroad and therefore he doubts not of your Approbation however you may seem concerned in it In the first place His Majesty gives you all Thanks for your Service to him here and for all the good Advices you have given him which might have been more frequent if the great number of this Council had not made it unfit for the Secrecy and Dispatch that are necessary in many great Affairs This forced him to use a smaller number of your in a Foreign Committee and sometimes the Advices of some few among them upon such Occasions for many Years past He is sorry for the ill success he has found in this Course and sensible of the ill Posture of Affairs from that and some unhappy Accidents which have raised great Jealousies and Dissatisfaction among his good Subjects and thereby left the Crown and Government in a Condition too weak for those Dangers we have reason to fear both at home and abroad These his Majesty hopes may be yet prevented by a Course of wise and steady Counsels for the future and these Kingdoms grow again to make such a Figure as they have formerly done in the World and as they may always do if our Union and Conduct were equal to our Force To this end he hath resolved to lay aside the use he may have hitherto made of any single Ministry or private Advices or Foreign Committees for the general direction of his Affairs and to constitute such a Privy-Council as may not only by its number be fit for the Consultation and Digestion of all business both Domestick and Foreign but also by the Choice of them out of the several Parts this State is composed of may be the best informed in the true Constitutions of it and thereby the most able to counsel him in all the Affairs and Interests of this Crown and Nation And by the constant Advice of such a Council his Majesty is resolved hereafter to govern his Kingdoms together with the frequent use of his Great Council of Parliament which he takes to be the true ancient Constitution of this State and Government Now for the greater Dignity of this Council his Majesty resolves their constant number shall be limited to that of Thirty And for their greater Authority there shall be Fifteen of his chief Officers who shall be Privy Counsellors by their places And for the other Fifteen he will choose Ten out of the several Ranks of the Nobility and Five Commoners of the Realm whose known Abilities Interest and Esteem in the Nation shall render them without all suspicion of either mistaking or betraying the true Interests of the Kingdom and consequently of advising him ill In the first place therefore and to take care of the Church his Majesty will have the Archbishop of Canterbury and Bishop of London for the time being and to inform him well in what concerns the Laws the Lord Chancellor and one of the Lord Chief Justices For the Navy and Stores wherein consists the chief Strength and Safety of the Kingdom the Admiral and Master of the Ordnance for the Treasury the Treasurer and Chancellor of the Exchequer or whenever any of these Charges are in Commission then the first Commissioner to serve here in their room the rest of the Fifteen shall be the Lord Privy-Seal the Master of the Horse Lord Steward and Lord Chamberlain of his Houshold the Groom of the Stole and the two Secretaries of State And these shall be all the Offices of his Kingdom to which the Dignity of Privy-Counsellor shall be annexed The others his Majesty has resolved and hopes he has not chosen ill His Majesty intends besides to have such Princes of his Blood as he shall at any time call to this Board being here in Court A President of the Council whenever he shall find it necessary and the Secretary of Scotland when any such shall be here But these being uncertain he reckons not of the constant number of Thirty which shall never be exceeded To make way for this new Council his Majesty hath now resolved to Dissolve this old one
and does hereby Dissolve it and from this time excuses your farther attendance here but with his repeated Thanks for your Service hitherto and with the assurance of his Satisfaction in you so far that he should not have parted with you but to make way for this new Constitution which he takes to be as to the Number and Choice the most proper and necessary for the uses he intends them And as most of you have Offices in his Service and all of you particular Shares in his Favour and good Opinion so he desires you will continue to exercise and deserve them with the same Diligence and good Affections that you have hitherto done and with confidence of his Majesty's Kindness to you and of those Testimonies you shall receive of it upon other occasions Therefore upon the present Dissolution of this Council his Majesty appoints and commands all those Officers he hath named to attend him here to morrow at Nine in the Morning as his Privy-Council together with those other Persons he designs to make up the number and to each of whom he has already signed particular Letters to that purpose and commands the Lord Chancellor to see them issued out accordingly which is the Form he intends to use and that hereafter they shall be signed in Council so that nothing may be done unadvisedly in the Choice of any Person to a Charge of so great Dignity and Importance to the Kingdom Names of the Lords of His Majesty's most Honourable Privy-Council HIS Highness Prince Rupert William Lord Archbishop of Canterbury Heneage Lord Finch Lord Chancellor of England Anthony Earl of Shaftsbury Lord President of the Council Arthur Earl of Anglesey Lord Privy-Seal Christopher Duke of Albemarle James Duke of Monmouth Master of the Horse Henry Duke of Newcastle John Duke of Lauderdale Secretary of State for Scotland James Duke of Ormond Lord Steward of the Houshold Charles Lord Marquess of Winchester Henry Lord Marquess of Worcester Henry Earl of Arlington Lord Chamberlain of the Houshold James Earl of Salisbury John Earl of Bridgewater Robert Earl of Sunderland one of his Majesty's Principal Secretaries of State Arthur Earl of Essex first Lord Commissioner of the Treasury John Earl of Bath Groom of the Stole Thomas Lord Viscount Falconberg George Lord Viscount Hallifax Henry Lord Bishop of London John Lord Roberts Denzil Lord Holles William Lord Russel William Lord Cavendish Henry Coventry Esq one of his Majesty's Principal Secretaries of State Sir Francis North Knight Lord Chief Justice of the Common Pleas. Sir Henry Capell Knight of the Bath first Commissioner of the Admiralty Sir John Ernle Knight Chancellor of the Exchequer Sir Thomas Chicheley Knight Master of the Ordnance Sir William Temple Baronet Edward Seymour Esquire Henry Powle Esquire Whitehall April 11. 1679. HIS Majesty being this day in Council did cause such of the aforementioned Lords and others who were then present to be Sworn Privy-Counsellors which being done they took their places accordingly His Majesty was also pleased to declare that he intended to make Sir Henry Capell Knight of the Bath Daniel Finch Esquire Baronets Sir Thomas Lee Sir Humphrey Winch Sir Thomas Meers Edward Vaughan and Edward Hales Esquires Commmissioners for the Execution of the Office of Lord High Admiral of England And his Majesty being afterwards come into the House of Peers in his Royal Robes and the House of Commons attending his Majesty was pleased to make this Speech My Lords and Gentlemen I Thought it requisite to acquaint you with what I have done now this day which is That I have Established a new Privy-Council the Constant number of which shall never exceed Thirty I have made choice of such Persons as are Worthy and able to Advise Me and am Resolved in all My Weighty and Important Affairs next to the Advice of my Great Council in Parliament which I shall very often Consult with to be Advised by this Privy-Council I could not make so great a Change without acquainting both Houses of Parliament And I desire you all to apply your selves heartily as I shall do to those things which are necessary for the good and safety of the Kingdom and that no time may be lost in it The Message from the King by Mr. Secretary Jenkins to the Commons on the 9th of November 1680. CHARLES R. HIs Majesty desires this House as well for the satisfaction of His People as of Himself to expedite such Matters as are depending before them relating to Popery and the Plot and would have them rest assured That all Remedies they can tender to his Majesty conducing to those Ends shall be very acceptable to him Provided they be such as may consist with preserving the Succession of the Crown in its due and legal course of Descent The Address to his Majesty from the Commons Saturday November 13. 1680. May it please your most Excellent Majesty WE Your Majesty's most Loyal and Obedient Subjects the Commons in this Present Parliament assembled having taken into our most serious Consideration Your Majesty's Gracious Message brought unto us the ninth day of this instant November by Mr. Secretary Jenkins do with all thankfulness acknowledge Your Majesty's Care and Goodness in inviting us to expedite such Matters as are depending before us relating to Popery and the Plot. And we do in all Humility represent to Your Majesty that we are fully convinced that it is highly incumbent upon us in discharge both of our Duty to Your Majesty and of that great Trust reposed in us by those whom we represent to endeavour by the most speedy and effectual ways the Suppression of Popery within this Your Kingdom and the bringing to publick Justice all such as shall be found Guilty of the Horrid and Damnable Popish Plot. And though the Time of our Sitting abating what must necessarily be spent in the choosing and presenting a Speaker appointing Grand Committees and in taking the Oaths and Tests enjoyned by Act of Parliament hath not much exceeded a Fortnight yet we have in this Time not only made a considerable Progress in some things which to us seem and when presented to Your Majesty in a Parliamentary way will we trust appear to Your Majesty to be absolutely necessary for the Safety of Your Majesties Person the effectual Suppression of Popery and the Security of the Religion Lives and Estates of Your Majesties Protestant Subjects But even in relation to the Tryals of the Five Lords impeached in Parliament for the Execrable Popish Plot we have so far proceeded as we doubt not but in a short time we shall be ready for the same But we cannot without being unfaithful to Your Majesty and to our Country by whom we are entrusted omit upon this occasion humbly to inform Your Majesty that our Difficulties even as to these Tryals are much encreased by the evil and destructive Councels of those Persons who advised Your Majesty first to the Prorogation and then to the Dissolution of the last
unlawful manner among others Henry Carr George Broome Edw. Berry Benj. Harris Francis Smith Sen. Francis Smith Jun. and Jane Curtis Citizens of London Which Proceedings of the said Sir Will. Scroggs are a high Breach of the Liberty of the Subject destructive to the Fundamental Laws of this Realm contrary to the Petition of Right and other Statutes and do manifestly tend to the introducing of Arbitrary Power VI. That he the said Sir Will. Scroggs in further Oppression of his Majesty's Liege People hath since his being made Chief Justice of the said Court of Kings Bench in an Arbitrary manner granted divers general Warrants for Attaching the Persons and Seizing the Goods of his Majesty's Subjects not named or described particularly in the said Warrants By means whereof many of his Majesty's Subjects have been vexed their Houses entered into and they themselves grievously oppressed contrary to Law VII Whereas there hath been a Horrid and Damnable Plot contrived and carried on by the Papists for the Murthering the King the Subversion of the Laws and Government of this Kingdom and for the Destruction of the Protestant Religion in the same All which the said Sir William Scroggs well knew having himself not only Tried but given Judgment against several of the Offenders nevertheless the said Sir Will. Scroggs did at divers times and places as well sitting in Court as otherwise openly Defame and Scandalize several of the Witnesses who had proved the said Treasons against divers of the Conspirators and had given Evidence against divers other Persons who were then untried and did endeavour to disparage their Evidence and take off their Credit whereby as much as in him lay he did traiterously and wickedly suppress and stifle the Discovery of the said Popish Plot and Encourage the Conspirators to proceed in the same to the great and apparent Danger of his Majesty's Sacred Life and of the well-established Government and Religion of this Realm of England VIII Whereas the said Sir William Scroggs being advanced to be Chief Justice of the Court of King's Bench ought by a sober grave and vertuous Conversation to have given a good Example to the King's Liege People and to demean himself answerable to the Dignity of so Eminent a Station yet he the said Sir William Scroggs on the contrary by his frequent and notorious Excesses and Debaucheries and his Prophane and Atheistical Discourses doth daily affront Almighty God dishonour his Majesty give countenance and incouragement to all manner of Vice and Wickedness and bring the highest scandal on the publick Justice of the Kingdom All which Words Opinions and Actions of the said Sir William Scroggs were by him spoken and done traiterously wickedly falsly and maliciously to alienate the Hearts of the King's Subjects from his Majesty and to set a Division between him and them and to subvert the Fundamental Laws and the Establisht Religion and Government of this Kingdom and to Introduce Popery and an Arbitrary and Tyrannical Government and contrary to his own knowledge and the known Laws of the Realm of England and thereby he the said Sir William Scroggs hath not only broken his own Oath but also as far as in him lay hath broken the King Oath to his People whereof he the said Sir William Scroggs representing his Majesty in so high an Office of Justice had the Custody for which the said Commons do Impeach him the said Sir William Scroggs of the High-Treason against our Sovereign Lord the King and his Crown and Dignity and other the High Crimes and Misdemeanours aforesaid And the said Commons by Protestation saving to themselves the Liberty of Exhibiting at any time hereafter any other Accusation or Impeachment against the said Sir William Scroggs and also of Replying to the Answer that he shall make thereunto and of Offering proofs of the Premises or of any other Impeachments or Accusations that shall be by them exhibited against him as the Case shall according to the Course of Parliament require Do pray that the said Sir Will. Scroggs Chief Justice of the Court of King's Bench may be put to Answer to all and every the Premises and may be committed to safe Custody and that such Proceedings Examinations Tryals and Judgments may be upon him had and used as is agreeable to Law and Justice and the Course of Parliaments Resolved That the said Sir William Scroggs be Impeached upon the said Articles The Humble Petition of the Right Honourable the Lord Mayor Aldermen and Commons of the City of London in Common-Council Assembled on the Thirteenth of January 1680. To the King 's most Excellent Majesty for the Sitting of this present Parliament Prorogu'd to the Twentieth Instant Together with the Resolutions Orders and Debates of the said Court Commune Concil ' tent ' in Camera Guildhall Civitatis London Die Jovis decimo tertio die Januarii Anno Domini 1680. Annoque Regni Domini nostri Carol ' Secundi nunc Regis Angl ' c. Tricesimo secundo coram Patient ' Ward Mil ' Major ' Civitatis London Thoma Aleyn Mil ' Bar ' Johanne Frederick Mil ' Johanne Lawrence Mil ' Georgio Waterman Mil ' Josepho Sheldon Mil ' Jacobo Edwards Mil ' Roberto Clayton Mil ' Aldermannis Georgio Treby Ar ' Recordatore dictae Civit ' Johanne Moore Mil ' Willielmo Pritchard Mil ' Henrico Tulse Mil ' Jacobo Smith Mil ' Roberto Jeffery Mil Johanne Shorter Mil ' Thoma Gould Mil ' Willielmo Rawsterne Mil ' Thoma Beckford Mil ' Johanne Chapman Mil ' Simone Lewis Mil ' Thoma Pilkington Ar ' Ald'ris Henrico Cornish Ar ' Ald'ro ac unum vicecom ' dictae Civitatis necnon Major ' parte Comminarior ' dictae Civitatis in Communi Concil ' tunc ibidem Assemblat ' THis Day the Members that serve for this City in Parliament having communicated unto this Court a Vote or Resolution of the Honourable House of Commons whereby that House was pleased to give Thanks unto this City for their manifest Loyalty to the King their Care Charge and Vigilance for the Preservation of his Majesty's Person and of the Protestant Religion This Court is greatly sensible of the Honour thereby given to this City and do declare That it is the fixt and uniform Resolution of this City to persevere in what they have done and to contribute their utmost Assistance for the Defence of the Protestant Religion His Majesty's Person and the Government Established It was now unanimously Agreed and Ordered by this Court That the Thanks of this Court be given to the Members that serve for this City in Parliament for their good Service done this City and their Faithfulness in discharging their Duties in that Honourable and great Assembly Upon a Petition now Presented by divers Citizens and Inhabitants of this City representing their Fears from the Designs of the Papists and their Adherents and praying this Court to acquaint his Majesty therewith and to desire That the Parliament may sit from the Day
the King to be Presented and Delivered by which Petition it was shown that whereas there had been and was a most damnable Plot against the Royal Person of our said Soveraign Lord the King the Protestant Religion and well Established Government of this Realm for which Plot several of the Principal Conspirators were impeached by Parliament and whereby it was humbly prayed that the Parliament which was prorogued to the 26th day of January next ensuing in the said Year might then sit to Try the Offenders and to redress the pressing Grievances not otherwise to be Redressed And that Thomas Whitfield late of the said Parish of St. Martin's in the Fields in the Liberty aforesaid and the County aforesaid Yeoman John Smallbones late of the said Parish within the Liberty aforesaid in the County aforesaid Woodmonger and William Laud late of the Parish aforesaid in the County aforesaid Yeoman being persons ill-affected and Contriving Devising and Intending as much as in them lay to hinder the sitting of the said Parliament as was prayed by the said Petition and also to hinder the Trial of the said Offenders and Redressing the said Grievances the said 20th day of December in the said one and Thirtieth Year of the Reign of our said Soveraign Lord the King as Rioters and Disturbers of the Peace of our Soveraign â—ord the King for the Disturbing of the Peace of our said Soveraign Lord the King with Force and Arms at the said Parish within the Liberty aforesaid in the County aforesaid Unlawfully and Riotously did Assemble themselves and being so then and there assembled with Force and Arms then and there Unlawfully Riotously and Injuriously the said Petition being delivered by one William Horsley to them the said Thomas Whitfield John Smallbones and William Laud at their Request and for the subscribing their Names thereunto if they should think fit did Tear in pieces in contempt of our said Sovereign Lord the King and of his Laws to the evil Example of all others in the like Cases offending and against the Peace of our said Soveraign Lord the King his Crown and Dignity The Names of the Grand-Jury that found the Bill are these William Jacob Thomas Trevor Erasmus Browne Henry Dugley Richard Streete John Henly John Weston Martin Frogg John Pierce Robert Pinke Nathanael Wilkinson Edward Whitefoot John Gentle Thomas Harris William Fortune Roger Higdon James Harrold Cornelius Rickfield ☞ George Wright Apothecary ☞ Walter Wright Apothecary ☞ Adam Langley Apothecary Upon Wednesday the 7th of this instant January many Gentlemen and eminent Citizens who had been concerned for managing the Petition for the Sitting of the Parliament upon the 26th instant met together and agreed upon the method of finishing the same and of nominating fit Persons for the Presenting it to His Majesty which being accordingly done these Gentlemen following viz. Sir Gilbert Gerrard Baronet Son-in-Law to the late Bishop of Durham Francis Charlton Esq John Ellis Esq John Smith Esq Johnson of Stepney Esq Ellis Crispe Esq Anthony Selby Esq Henry Ashurst Esq Tho. Smith Esq Gentlemen of good Worth and Estates and several of whom have been eminent Sufferers for His Majesty did this 13th of January attend His Majesty with it at Whitehall when being introduced to His Royal Presence Sir Gilbert Gerrard kneeling presented this Petition To the King 's most Excellent Majesty The humble Petition of Your Majesty's most Dutiful and Loyal Subjects Inhabitants in and about the City of London whose Names are here-under subscribed Sheweth THat whereas there has been and still is a most Damnable and Hellish Popish Plot branched forth into the most Horrid Villianies against Your Majesty's most Sacred Person the Protestant Religion and the well Established Government of this Your Realm for which several of the principal Conspirators stand now impeached by Parliament Therefore in such a time when Your Majesty's Royal person as also the Protestant Religion and the Government of this Nation are thus in most imminent Danger We Your Majesty's most Dutiful and Obebient Subjects in the deepest sense of our Duty and Allegiance to Your Majesty Do most humbly and earnestly pray That the Parliament which is prorogued until the 26th day of January may then sit to Try the Offenders and to redress all our most important Grievances no otherwise to be redressed And Your Petitioners shall ever pray for Your Majesty's long and prosperous Reign 〈◊〉 expressed himself to this effect Sir I have a Petition from many thousands of your Majesty's Dutiful and Loyal Subjects in and about Your City of London which I 〈…〉 in their Names and desire Your Majesty would be pleased to read it To which His Majesty gave this Gracious answer I know the substance of it already I am Head of the Government and will take care of it and then received the Petition it being a great Roll of above 100 Yards in length and carried it away in His Hand The Judgment and Decree of the University of Oxford pass'd 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 Human Society Published by Command ALtho' the barbarous Assassination lately enterprized against the person of his Sacred Majesty and his Royal Brother engage all our thoughts to reflect with utmost detestation and abhorrence of that execrable Villainy hateful to God and Man and pay our due acknowledgements to the Divine Providence which by extraordinary methods brought it to pass that the breath of our Nostrils the anointed of the Lord is not taken in the pit which was prepared for him and that under his shadow we continue to live and enjoy the Blessings of his Government Yet notwithstanding we find it to be a necessary duty at this time to search into and lay open those impious Doctrines which having of late been studiously disseminated gave rise and growth to those nefarious attempts and pass upon them our solemn publick Censure and Decree of Condemnation Therefore to the honour of the holy and undivided Trinity the preservation of Catholick truth in the Church and that the King's Majesty may be secur'd from the attempts of open and bloudy enemies and the machinations of Traiterous Hereticks and Schismaticks We the Vice Chancellor Doctors Proctors and Masters Regent and not Regent met in Convocation in the accustom'd manner time and place on Saturday the 21 of July in the Year 1683. concerning certain Propositions contained in divers Books and Writings published in English and also in the Latin tongue repugnant to the holy Scriptures Decrees of Councils Writings of the Fathers the Faith and Profession of the Primitive Church and also destructive of the Kingly Government the safety of his Majesty's Person the Publick Peace the Laws of Nature and bonds of humane Society By our Unanimous assent and consent have Decreed and Determin'd in manner and form following Proposition 1. All Civil Authority is derived originally from
in the Statutes exprest We also order the before-recited Books to be publickly burnt by the hand of our Marshal in the Court of our Schools Likewise we order that in perpetual memory hereof these our Decrees shall be entered into the Registry of our Convocation and that Copies of them being communicated to the several Colleges and Halls within this University they be there publickly affixt in the Libraries Refectories or other fit Places where they may be seen and read of all Lastly We command and strictly enjoyn all and singular Readers Tutors Catechists and others to whom the care and trust of Institution of Youth is committed that they diligently instruct and ground their Scholars in that most necessary Doctrine which in a manner is the Badge and Character of the Church of England of submitting to every Ordinance of Man for the Lord's sake whether it be to the King as Supreme or unto Governors as unto them that are sent by him for the Punishment of evil doers and for the Praise of them that do well Teaching that this Submission and Obedience is to be clear absolute and without exception of any state or order of Men Also that all Supplications Prayers Intercessions and giving of Thanks be made for all Men for the King and all that are in Authority that we may lead a quiet and peaceable life in all Godliness and Honesty for this is good and acceptable in the sight of God our Saviour And in especial manner that they press and oblige them humbly to offer their most ardent and daily Prayers at the Throne of Grace for the preservation of our Soveraign Lord King Charles from the attempts of open Violence and secret Machinations of perfidious Traitors That he the Defender of the Faith being safe under the defence of the most High may continue his Reign on Earth till he exchange it for that of a late and happy Immortality The Case of the Earl of Argyle Or an exact and full Account of his Trial Escape and Sentence As likewise a Relation of several Matter of Fact for better clearing of the said Case Edinburgh 30. May 1682. SIR THE Case of the late Earl of Argyle which even before the Process led against him you was earnest to know was at first I thought so plain that I needed not and grew afterwards so exceedingly mysterious that I could not for some time give you so perfect an account of it as I wished But this time being still no less proper the exactness of my Narrative will I hope excuse all delays The design against him being now so clear and the grounds founded on so slender that to satisfie all unbyass'd Persons of his Integrity there needs no more but barely to represent matter of Fact I should think shame to spend so many words either on arguments or relation were it not lest to strangers some mystery might still be suspected to remain concealed And therefore to make plain what they can hardly believe though we we clearly see it At His Royal Highness arrival in Scotland the Earl was one of the first to wait upon him and until the meeting of our last Parliament the World believed the Earl was as much in his Highness favour as any intrusted in His Majesties affairs in this Kingdom When it was resolved and His Majesty moved to call the Parliament the Earl was in the Country and at the opening of it he appeared as forward as any in His Majesties and his Highness service but it had not sat many days when a change was noticed in his Highness and the Earl observed to decline in his Highness favour In the beginning of the Parliament the Earl was appointed one of the Lords of the Articles to prepare matters for the Parliament and named by his Highness to be one of a Committee of the Articles for Religion which by the custom of all Scots Parliaments and His Majesties instructions to his Commissioner at this time was the first thing treated of In this Committee there was an Act prepared for securing the Protestant Religion which Act did ratifie the Act approving the Confession of Faith and also the Act containing the Coronation Oath appointed by several standing Acts of Parliament to be taken by all our Kings and Regents before their entry to the exercise of the Government This Act was drawn somewhat less binding upon the Successor as to his own profession but full as strictly tying him to maintain the Protestant Religion in the publick profession thereof and to put the Laws concerning it in execution and also appointing a further Test beside the former to exclude Papists from places of publick trust and because the fines of such as should act without taking the Test appeared no better then discharged if falling in the hands of a Popish Successor and some accounting any limitation worse than an exclusion and all being content to put no limitation on the Crown so it might consist with the safety and security of the Protestant Religion it was ordained that all such fines and forfaultures should appertain the one half to the informers and the other half should be bestowed on pious uses according to certain Rules expressed in the Act. But this Act being no wise pleasing to some it was laid aside and the Committee discharged any more to meet and instead of this Act there was brought in to the Parliament at the same time with the Act of Succession a short Act ratifying all former Acts made for the security of the Protestant Religion which is the first of the printed Acts of this Parliament At the passing of this Act the Earl proposed that these words And all Acts against Popery might be added which was opposed by the Advocate and some of the Clergy as unnecessary but the motion being seconded by Sir George Lockhart and the then President of the Session now turned out it was yielded to and added without a Vote and this Act being still not thought sufficient and several Members desiring other additions and other Acts a promise was made by his Royal Highness in open Parliament that time and opportunity should be given to bring in any other Act which should be thought necessary for further securing the Protestant Religion But though several persons both before and after passing the Act for the Test here subjoyned did give in memorials and overtures yet they were never suffered to be read either in Articles 〈◊〉 Parliament but in place of all this Act for the Test was still obtruded and nothing of that nature suffered to be heard after once that Act past though even at passing it the promise was renewed As for the Test it was first brought into the Parliament without mentioning the Confession of Faith and after several hours debate for adding the Confession of Faith and many other additions and alterations it was past at the first presenting albeit it was earnestly prest by near half the Parliament that it might be delayed till
they that make Leasings to his Grace of his Lords Barons and Leiges Act 134. Par. 8. James 6. May 22. 1584. Anent Slanderers of the King his Progenitors Estate and Realm FOrasmuch as it is understood to our Soveraign Lord and his three Estates assembled in this present Parliament what great harm and inconveniency has fallen in this Realm chiefly since the beginning of the Civil troubles occurred in the time of his Highness minority through the wicked and licentious publick and private speeches and untrue calumnies of divers of his Subjects to the disdain contempt and reproach of His Majesty his Council and proceedings and to the dishonour and prejudice of his Highness his Parents Progenitors and Estate stirring up his Highness's Subjects thereby to misliking sedition unquietness and to cast off their due obedience to His Majesty to their evident peril tinsil and destruction his Highness continuing always in love and clemency toward all his good Subjects and most willing to seek the safety and preservation of them all which wilfully needlessly and upon plain malice after his Highness's mercy and pardon oft times afore granted has procured themselves by their treasonable deeds to be cut off as corrupt Members of this Commonwealth Therefore it is statute and ordained by our Soveraign Lord and his three Estates in this present Parliament that none of his Subjects of whatsoever Function Degree or Quality in time coming shall presume or take upon hand privately or publickly in Sermons Declanations and familiar Conferences to utter any false slanderous or untrue Speeches to the disdain reproach and contempt of His Majesty his Council and proceedings or to the dishonour hurt or prejudice of his Highness his Parents and Progenitors or to meddle in the Affairs of his Highness and his Estate present by-gone and in time coming under the pains contained in the Acts of Parliament anent makers and tellers of Leasings certifying them that shall be tryed contraveeners thereof or that hear such slanderous Speeches and reports not the same with diligence the said pain shall be executed against them with all rigour in example of others Act 205. Par. 14 King James 6. June 8. 1594. Anent Leasing-makers and Authors of Slanders OUR Soveraign Lord with advice of his Estates in this present Parliament ratifies approves and for his Highness and Successors perpetually confirms the Act made by his Noble Progenitors King James the First of Worthy Memory against Leasing-makers the Act made by King James the Second entituled Against Leasing-makers and tellers of them the Act made by King James the Fifth entituled Of Leasing-makers and the Act made by his Highness's self with advice of his Estates in Parliament upon the 22d day of May 1584. entituled For the punishment of the Authors of Slanders and untrue Calumnies against the Kings Majesty his Council and proceedings to the dishonour and prejudice of his Highness his Parents Progenitors Crown and Estate as also the Act made in his Highness's Parliament holden at Linlithgow upon the 10th of December 1585. entituled Against the Authors of slanderous Speeches or Writs and statutes and ordains all the said Acts to be published of new and to be put in execution in time coming with this addition That whoever hears the said Leasings Calumnies or slanderous Speeches or Writs to be made and apprehends not the Authors thereof if it lies in his power and reveals not the same to his Highness or one of his Privy Council or to the Sheriff Steward or Bayliff of the Shire Stewards in Regality or Royalty or to the Provost or any of the Bayliffs within Burgh by whom the same may come to the knowledge of his Highness or his said Privy-Council where through the said Leasing makers and Authors of slanderous Speeches may be called tryed and punished according to the said Acts The hearer and not apprehender if it lye in his power and concealer and not revealer of the said Leasing makers and Authors of the said slanderous Specches or Writs shall incur the like pain and punishment as the principal Offender Act 107. Par. 7. King James 1. March 1. 1427. That none interpret the Kings Statutes wrongously ITem the King by deliverance of Council by manner of Statute forbids That no man interpret his Statutes otherwise than the Statutes bear and to the intent and effect that they were made for and as the maker of them understood and who so does in the contrary shall be punished at the Kings will Act 10. Par. 10. King James 6. Dec. 10. 1585. Authors of slanderous Speeches or Writs should be punished to the Death IT is statuted and ordained by our Soveraign Lord and three Estates that all his Highness's Subjects content themselves in quietness and dutiful obedience to his Highness and his Authority and that none of them presume or take upon hand publickly to declaim or privately to speak or write any purpose of reproach or slander of His Majesties Person Estate or Government or to deprave his Laws and Acts of Parliament or misconstrue his proceedings whereby any misliking may be moved betwixt his Highness and his Nobility and loving Subjects in time coming under the pain of Death certifying them that do in the contrary they shall be reputed as seditious and wicked Instruments enemies to his Highness and the Commonwealth of this Realm and the said pain of Death shall be executed upon them with all rigour in example of others Act for preservation of His Majesties Person Authority and Government May 1662. And further it is by His Majesty and Estates of Parliament declared statuted and enacted That if any person or persons shall by writing printing praying preaching libelling remonstrating or by any malicious or advised speaking express publish or declare any words or sentences to stir up the people to the hatred or dislike of His Majesties Royal Prerogative and Supremacy in Causes Ecclesiastical or of the Government of the Church by Archbishops and Bishops as it is now settled by Law That every such person or persons so offending and being legally Convicted thereof are hereby declared incapable to enjoy or exercise any place or employment Civil Ecclesiastick or Military within this Church and Kingdom and shall be liable to such further pains as are due by the Law in such Cases Act 130. Par. 8. James 6. May 22. 1584. Anent the Authority of the three Estates of Parliament THE Kings Majesty considering the Honour and the Authority of his Supreme Court of Parliament continued past all memory of man unto their days as constitute upon the free Votes of the three Estates of this ancient Kingdom by whom the same under God has ever been upholden Rebellious and Traiterous Subjects punished the Good and Faithful preserved and maintained and the Laws and Acts of Parliament by which all men are governed made and established And finding the Power Dignity and Authority of the said Court of Parliament of late years called in some doubt at least some curiously travelling
Earl unless they had his Royal Highness's and their Lordships special License and Warrant to that effect which is usual in the like Cases And by the said Petition humbly supplicated that his Highness and the Council would give special Order and Command to the said Sir George Lockhart the said Earls ordinary Advocate to consult and plead for him in the foresaid Criminal Process without incurring any hazard upon that account His Royal Highness and Lords of the said Privy Council did refuse the desire of the said Petition but allowed any Lawyers the Petitioner should employ to consult and plead for him in the Process of Treason and other Crimes to be pursued against him at the instance of His Majesties Advocate And also the said Alexander Dunbar having and holding in his hands another Act of the said Lords of Privy Council of the date the 24th of the said month relative to and narrating the said first Act and proceeding upon another supplication given in by the said Earl to the said Lords craving That his Royal Highness and the said Lords would interpose their Authority by giving a positive and special Order and Warrant to the said Sir George Lockhart to consult and plead with him in the foresaid Criminal Process conform to the tenor of the Acts of Parliament mentioned and particularized in the said Petition and frequent and known practice in the like cases which was never refused to any Subjects of the meanest quality His Royal Highness and Lords of Privy Council having considered the foresaid Petition did by the said Act adhere to their former Order allowing Advocates to appear for the said Earl in the Process foresaid as the said Acts bear and produced the said Acts and Procuratory foresaid to the said Sir George Lockhart who took the same in his hands and read them over successive and after reading thereof the said Alexander Dunbar Procurator and in name and behalf foresaid solemnly required the said Sir George Lockhart as the said Noble Earls ordinary Advocate and as a Lawyer and Advocate upon the said Earls reasonable expence to consult and advise the said Earls said Process at any time and place the said Sir George should appoint to meet thereupon conform to the foresaid two Acts of Council and Acts of Parliament therein mentioned appointing Advocates to consult in such matters which the said Sir George Lockhart altogether refused Whereupon the said Alexander Dunbar as Procurator and in Name foresaid asked and took Instruments one or more in the hands of me Notary publick undersubscribed And these things were done within the said Sir George Lockhart's Lodging on the South side of the Street of Edinburgh in the Lane-Mercat within the Dining-room of the said Lodging betwixt Four and Five hours in the Afternoon Day Month Year Place and of His Majesties Reign respective foresaid before Robert Dicksone and John Lesly Servitors to John Camphell Writer to His Majesties Signet and Dowgall Mac. Alester Messenger in Edinburgh with divers others called and required to the Premisses Ita esse Ego Johannes Broun Notarius publicus in Premissis requisitus Attestor Testantibus his meis signo subscriptione manualibus solitis consuetis Broun Witnesses Robert Dicksone Dowgall Mac. Alester John Lesly Decemb. 5. 1682. The Opinion of divers Lawyers concerning the Case of the Earl of Argyle WE have considered the Criminal Letters raised at the instance of His Majesties Advocate against the Earl of Argyle with the Acts of Parliament contained and narrated in the same Criminal Letters and have compared the same with a Paper or Explication which is libelled to have been given in by the Earl to the Lords of His Majesties Privy-Council and owned by him as the sense and explication in which he did take the Oath imposed by the late Act of Parliament Which Paper is of this tenor I have considered the Test and am very desirous to give chedience as far as I can c. And having likewise considered that the Earl after he had taken the Oath with the explication and sense then put upon it it was acquiesced to by the Lords of Privy-Council and he allowed to take his place and to sit and Vote And that before the Earls taking of the Oath there were several papers spread abroad containing objections and alledging inconsistencies and contradictions in the Oath and some thereof were presented by Synods and Presbyteries of the Orthodox Clergy to some of the Bishops of the Church It is our humble Opinion that seeing the Earls design and meaning in offering the said Explication was allenarly for the clearing of his own Conscience and upon no facrious or seditious design and that the matter and import of the said paper is no contradiction of the Laws and Acts of Parliament it doth not at all import any of the Crimes libelled against him viz. Treason Leasing making depraving of His Majesties Laws or the Crime of Perjury but that the glosses and inferences put by the Libel upon the said paper are altogether strained and unwarrantable and inconsistent with the Earls true design and the sincerity of his meaning and intention in making of the said Explication Wednesday the 12th of December the day of compearance assigned to the Earl being now come he was brought by a guard of Souldiers from the Castle to the place appointed for the Trial and the Justice Court being met and fenced the Earl now Marquess of Queensberry then Justice-General the Lords Nairn Collingtoun Forret Newtoun and Hirkhouse the Lords of Justitiary sitting in Judgment and the other formalities also performed the Indictment above set down Num. 24. was read and the Earl spoke as follows The Earl of Argyle's Speech to the Lord Justice General and the Lords of the Justitiary after he had been arraigned and his Indictment read My Lord Justice General c. I Look upon it as the undeniable priviledge of the meanest Subject to explain his own words in the most benign sense and even when persons are under an ill Character the misconstruction of words in themselves not ill can only reach a presumption or aggravation but not any more But it is strange to alledge as well as I hope impossible to make any that know me believe that I could intend any thing but what was honest and honourable suitable to the Principles of my Religion and Loyalty tho I did not explain my self at all My Lord I pray you be not offended that I take up a little of your time to tell you I have from my Youth made it my business to serve His Majesty faithfully and have constantly to my power appeared in his Service especially in all times of difficulty and have never joined nor complied with any Interest or Party contrary to His Majesties Authority and have all along served him in his own way without a frown from His Majesty these thirty years As soon as I passed the Schools and Colledges I went to travel to France and Italy and
is I shall only say As my Life hath most of it been spent in serving and suffering for his Majesty so whatever be the event of this Process I resolve while I breath to be loyal and faithful to His Majesty And whether I live publickly or in obscurity my head my heart nor my hand shall never be wanting where I can be useful to His Majesties Service And while I live and when I die I shall pray That God Almighty would bless His Majesty with a long happy and prosperous Reign and that the lineal legal successours of the Crown may continue Monarchs of all His Majesties Dominions and be Defenders of the True Primitive Christian Apostolick Catholick Protestant Religion while Sun and Moon endure God save the King The Kings own Letter to this Nobleman when he was Lord Lorn Collogne December 20. 1654. My Lord Lorn I Am very glad to hear from Middleton what affection and zeal you shew to my Service how constantly you adhere to him in all his distresses and what good Service you have performed upon the Rebels I assure you you shall find me very just and kind to you in rewarding what you have done and suffered for me and I hope you will have more Credit and Power with those of your Kindred and Dependants upon your Family to engage them with you for me than any body else can have to seduce them against me and I shall look upon all those who shall refuse to follow you as unworthy of any protection hereafter from me which you will let them know This honest Bearer M will inform you of my Condition and Purposes to whom you will give Credit and he will tell you That I am very much Your very affectionate Friend C. R. General Middleton's Order to the Earl of Argyle who was then Lord Lorn for capitulating with the English wherein he largely expresseth his Worth and Loyalty John Middleton Lieutenant General next and immediate under His Majesty and Commander in chief of all the Forces raised and to be raised within the Kingdom of Scotland SEeing the Lord Lorn hath given so singular proofs of clear and perfect Loyalty to the Kings Majesty and of pure and constant affection to the good of His Majesties Affairs is never hitherto to have any ways complyed with the Enemy and to have been principally instrumental in the enlivening of this late War and one of the chief and first movers in it and hath readily chearfully and gallantly engaged and resolutely and constantly continued active in it notwithstanding the many powerful disswasions discouragements and oppositions he hath met withal from divers hands and hath in the carrying on of the Service shewn such signal Fidelity Integrity Generosity Prudence Courage and Condect and such high Vertue Industry and Ability as are suitable to the Dignity of his Koble Family and the Trust His Majesty reposed in him and hath not only stood out against all temptations and enticements but hath most nobly crossed and repressed designs and attempts of deserting the Service and persisted loyally and firmly in it to the very last through excessive toil and many great difficulties misregarding all personal inconveniencies and chusing the loss of Friends Fortune and all private Concernments and to endure the utmost extremities rather than to swerve in the least from his Duty or taint his Reputation with the meanest shadow of disloyalty and dishonour I do therefore hereby testifie and declare That I am perfectly satisfied with his whole Deportments in relation to the Enemy and this late War and do highly approve them as being not only above all I can express of their worth but almost beyond all parallel And I do withal hereby both allow and most earnestly desire and wish him to lose no time in taking such course for his safety and preservation by Treaty and Agreement or Capitulation as he shall judg most fit and expedient for the good of his Person Family and Estate since inevitable and invincible necessity hath forced us to lay aside this War And I can now no other way express my respects to him nor contribute my endeavour to do him Honour and Service Intestimony whereof I have signed and sealed these Presents at Dunveagave the last day of March 1655. JOHN MIDDLETON Another Letter from the Earl of Middleton to the same purpose Paris April 17. 1655. My Noble Lord I Am hopeful that the Bearer of this Letter will be found one who has been a most faithful Servant to your Lordship and my kind Friend and a sharer in my Troubles Indeed I have been strengthned by him to support and overcome many difficulties He will acquaint you with what hath past which truly was strange to both of us but your own Re-encounters will lessen them My Lord I shall be faithful in giving you that Character which your Worth and Merit may justly challenge I profess it is next to the ruine of the Service one of my chiefest Regrets that I could not possibly wait upon you before my going from Scotland that I might have settled a way of Correspondence with you and that your Lordship might have understood me better than yet you do I should have been plain in every thing and indeed have made your Lordship my Confessor and I am hopeful the Bearer will say somewhat for me and I doubt not but your Lordship will trust him If it shall please God to bring me safe from beyond Sea your Lordship shall hear from me by a sure hand Sir Ro. M. will tell you a way of corresponding So that I shall say no more at present but that I am without possibility of change My Noble Lord Your Lordships most Faithful and most Humble Servant JO. MIDDLETON A Letter from the Earl of Glencairn testifying his esteem for this Noble Person and the sense he had of his loyalty to the King when few had the Courage to own him My Lord LEst it may be my misfortune in all these great Revolutions to be misrepresented to your Lordship as a person unworthy of your favourable Opinion an Artifice very frequent in these times I did take occasion to call for a Friend and Servant of yours the Laird of Spanie on whose discretion I did adventure to lay forth my hearts desire to obviate in the bud any of these misunderstandings Your Lordships true worth and zeal to your Countries happiness being so well known to me and confirmed by our late suffering acquaintance And now finding how much it may conduce to these great ends we all with that a perfect Unity may be amongst all good and honest-hearted Scotchmen tho there be few more insignificant than my self yet my zeal for those ends obliges me to say that if your Lordships health and affairs could have permitted you to have been at Edenburgh in these late times you would have seen a great inclination and desire amongst all here of a perfect Unity and of a mutual respect to your Person as of chief
and publish their Proclamation explaining the Oath and declaring the genuine sense and meaning thereof namely That it did not tye to the whole Articles of the Confession of Faith ratified by Act of Parliament James 6. and which as to several Articles thereof had occasioned the scruples and difficulties and alledged inconsistency and contradiction betwixt the last part of the Oath and the said Confession and betwixt some of these Articles and the Currant of the Protestant Doctrine received and contained in the Syntagma of the Protestant Confessions And therefore if the Pannel at that time did think fit for the clearing and exoneration of his own Conscience to use the expressions in the Explication libelled and yet with so much duty and confidence of the Parliaments Justice as to their meaning and intention That the Parliament never intended to impose contradictory Oaths and that he did take it so far as it was consistent with it self and the Protestant Religion not knowing then whether the whole Confession was to be reputed a part of the Oath and doubting there-anent and which the Lords of His Majesties Privy-Council and his Sacred Majesty by his approbation since have thought a difficulty of so great moment as it was fit to clear the same by a publick Proclamation How now is it possible that any Judicatory under Heaven which proceeds upon the solid grounds of Law and Reason and who it cannot be doubted will have a just regard to the intrinsick Principles of Justice and to all mens security that they can now believe all or any of the Crimes libelled should be in the least inferred from all or any of the expressions contained in the said Explication But that on the contrary it was a warrantable allowance and Christian practice condemned by the Law and Custom of no Nation That having scruples in the matter of an Oath which should be taken in Truth Judgment and Righteousness and upon full deliberation and with a full assurance and sincerity of mind That he did plainly openly and clearly declare the sense in which he was willing to take it and if Authority did allow it as the genuine sense of the Oath the Pannel to be holden as a Taker of the Oath And if upon farther consideration Authority think not that habetur pro Recusante and a Refuser of the Oath but no ways to be looked upon as a criminal or guilty person And the Pannel repeats and conjoyns with this point of the Reply that point in his Defence whereby he positively offers to prove 1. That his Explication and the sense wherein he took the Oath was heard and publickly given and received in Council and the Pannel thereafter allowed to take his place and sit and vote in that Sederunt 2. The Pannel also offers positively to prove That the tenor and terms of his Sense and Explication wherein he did take the Oath is contained in that Solid Learned and Pious Vindication written by the Bishop of Edenburgh in answer to the Objections and alledged inconsistencies and contradictions in the Oath and which Vindication was publickly read in Council and so far approved that it was allowed to be printed and published and was accordingly dispersed and spread abroad And it is not of the least import that the Proclamation of the Lords of Privy-Council altho it does oft allow the same to be taken by the Clergy yet at the same time they expresly declare the genuine sense and meaning of the Parliament not to comprehend the whole Articles of the Confession which was not cleared before the Pannel's taking his Oath And whereas it is pretended That the Acts of Parliament libelled upon against Leasing-makers depravers of His Majesties Laws do obtain and take place where-ever there are any words or expressions that have a tendency in themselves or by a natural consequence and rational inferences to reflect upon the Government or misconstrue His Majesties Proceedings and that the Explication libelled is such and that it was found so in the Case of Balmerino albeit it was drawn up by way of humble Petition and Address to His Majesty and with great Protestations and Expressions of Loyalty It is answered The Acts of Parliament libelled upon are oponed and the 43d Act Par. 8. James 6. and the other Acts making the depraving of His Majesties Laws to be Crimes do expresly require that Speeches so judged be perverse licentious Speeches ex natura sua probrosa and reproachful and spoke animo defamandi and which could not receive any other rational Construction which cannot in the least be applied to or subsumed upon the words or Explication given in by the Pannel And Law and Reason never infers or presumes a Crime where the thing is capable of a fair and rational Construction and where it was done palam and publickly and in presence of His Majesties High Commissioner and Lords of His Majesties Privy-Council whereof the Pannel had the honour to be a Member Persons committing and designing to commit Crimes making use of Times and Places and Companies of another nature on whom their suggestions and insinuations may prevail But it is a violence to the common Reason of mankind to pretend that a person of the Pannel's Quality having the honour to serve His Majesty in most eminent Capacities and devoted to His Majesties Interest and Service beyond the strictest ties of Duty and Allegiance by the transcendent Favours he had received that the Pannel in those Circumstances and in presence of his Royal Highness and Lords of Privy Council should design to declame and defacto declame against and defame His Majesties Government To suppose this is absolutely contradictory to the common Principles and Practices of Law and common Topicks of Reason And as to Balmerino's Case it is answered That the Lords of Justitiary are humbly desired to call for and peruse the said Petition and Books of Adjournal which was certainly a defamatory Libel of His Majesties Father of blessed Memory and of the States of Parliament in the highest degree being expresly that there was nothing designed but an innovation of the Protestant Religion and the subversion and over-turning the Liberties and Priviledges of the Parliament and the Constitutions of the Articles and other things of that kind which made certainly of it self a most villanous and execrable Libel containing the highest Crimes of Treason and Perduellion and was not capable of any good sense or interpretation but was absolutely pernicious and destructive So that it is in vain to pretend that the said Libel did contain Prefaces and Protestations of Loyalty which no Law regards even in simplici injuria maledicto tho committed by a private person cum praefatione salvo honore or the like and which were certainly ridiculous to sustain in a Libel concerning Crimesof Treason And whereas it is pretended That tho others were guilty of these Crimes it does not excuse the Earl that the Lords of Privy-Council cannot remit Crimes and the neligence
hours without intermission it adjourned till the next day being Tuesday the 13th of December at Two of the Clock in the Afternoon And then the Earl being again brought to the Bar the following Interloquutour that is Judgment and Sentence of the Lords of Justitiary on the foregoing debate was read and pronounced in open Court Edinburgh December 12. 1681. The Interloquutour of the Lords of Justitiary THE Lords Justice General and Commissioners of the Justitiary having considered the Libel and Debate they sustain the defence proponed for the Earl of Argyle the Pannel in relation to the perjury Libelled viz. That he emitted this Explanation at or before his taking the Test first before his Royal Highness His Majesties High Commissioner and the Lords of His Majesties Privy Council relevant to elude that Article of the Libel The Lords sustain the Libel as being founded upon the Common Law and Explication Libelled and upon Act 130. Parl. 8. James VI. to infer the pain of Treason They likewise sustain the Libel as founded upon the 10. Act Parl. 10. James VI. to infer the pain of Death and likewise sustain that part of the Libel anent Leasing making and Leasing-telling to infer the particular pains mentioned in the several Acts Libelled And repel the whole other defences duplies and quadruplies and remits the Libel with the defences anent the Perjury to the knowledge of an Assize Thereafter the Assize that is the Jury being constitute and sworn viz. List of the Assizers Marquiss Montross E. Middleton E. Airlie E. Perth P. Cr. E. Dalhousie E. Roxburgh P. C. E. Dumfries E. Linlithgow P. Cr. Lord Lindoors Lord Sinclare Lord Bruntisland Laird of Gosfoord Laird of Claverhouse Laird of Balnamoon Laird of Park Gordon HIS Majesties Advocate adduced four Witnesses to prove the points of the Indictment remitted to the knowledge of the Assize viz. John Drummond of Lundie then Governour of the Castle of Edinburgh now Treasurer Deputy Sir William Paterson and Mr. Patrick Menzies Clerks of the Privy Council and H. Stevenson their under Clerk Who deponed That on the 4th of November the Earl did give in an unsubscribed Explanation of the Test which he refused to sign One of the Witnesses also adding That he heard him make the same Explanation the day before in Council and that it was there accepted Then His Majesties Advocate asked if the Earl would make use of his Exculpation for eliding the Perjury Libelled to wit That he had emitted the same Explanation before taking the Test in presence of his Royal Highness and the Council To which the Earl answered That seeing they had sustain'd the Libel as to the alledged Treason he would not trouble them about the Perjury especially the matter of Fact referred by the Interloquutour to his probation being of it self so clear and notour Fut the truth is the Interloquutour pronounced was so amazing that both the Earl and his Advocates were struck with deep silence for they plainly perceived that after such a Judgment in the case all further endeavours would be in vain it being now manifest that seeing the Earls innocence had so little availed as that his plain and honest words purely uttered for the necessary satisfaction of his own conscience and clearing of his Loyalty had been construed and detorted to infer Leasing-making Depraving and Treason the Tongues of men and Angels as some of his Advocates also said could not do any good and therefore neither did the Earl nor they object any thing either against the Assizers or Witnesses though liable to obvious and unanswerable exceptions Nor did the Earls Advocates say any thing to the Assize as the custom is and as in this case they might well have done to take off the force of the Evidence and to demonstrate that the Depositions instead of proving the Indictment did rather prove the Earls defences But as I have said they now plainly saw that all this had been unnecessary work and in effect were of opinion that after so black and dreadful a sence put upon what the Earl had spoke and done in such fair and favourable circumstances there could be nothing said before such a Court which might not expose themselves to the like hazard and more easily be made liable to the same mis-construction But upon this silence the Advocate taking Instruments protests whether in form only or from a real fear let others judge for an Assize of Error in case the Assizers should Assoil or acquit Whereupon the Assize removing was inclosed and after some time returned their Verdict which was read in open Court of this tenour The Verdict of the Assize THE Assize having Elected and Chosen the Marquess of Montrose to be their Chancellor they all in one voice find the Earl of Argyle guilty and culpable of the Crimes of Treason Leasing-making and Leasing-telling And find by plurality of Votes the said Earl innocent and not guilty of Perjury And then the Court again adjourned And the Privy-Council wrote the following Letter to His Majesty Halyrud-House December 14. 1681. The Councils Letter to the King desiring leave to pronounce Sentence against the Earl of Argyle May it please Your Sacred Majesty IN Obedience to Your Majesty's Letter dated the 15th of November last we ordered Your Majesty's Advocate to insist in that Process raised at your Instance against the Earl of Argyle And having allowed him a long time for his appearance and any Advocates he pleased to employ and Letters of Exculpation for his Defence He after full Debate and clear Probation was found guilty of Treason Leasing-making betwixt Your Majesty Your Parliament and Your People and the reproaching of Your Laws and Acts of Parliament But because of Your Majesty's Letter ordaining us to send Your Majesty a particular account of what he should be found guilty of before the pronouncing of any Sentence against him we thought it our duty to send Your Majesty this account of our and Your Justices proceedings therein And to signifie to Your Majesty with all Submission That it is usual and most fit for Your Majesty's Service and the Advantage of the Crown that a Sentence be pronounced upon the Verdict of the Assize without which the Process will be still imperfect After which Your Majesty may as you in Your Royal Prudenee and Clemency shall think fit Ordain all farther execution to be sisted during Your Majesty's pleasure Which shall be dutifully obeyed by Your MAJESTY's Most Humble Most Faithful and most Obedient Subjects and Servants Sic Subscribitur Alex. St. And. Athol Douglas Montrose Glencairn Wintoun Linlithgow Perth Roxburgh Dumfries Strathmore Airlie Ancram Livingstoun Jo. Edinburgens Elphingstoun Dalziell Geo. Gordon Ch. Maitland Geo. Mckenzie G. Mckenzie Ramsay J. Drummond THE Earl as well as the Lords of Privy Council waited some days for the Answer of this Letter But the Earl making his escape a day or two before it came I shall take occasion to entertain you in the mean time with an account of
another making a Speech that no Man understood a third all the time of the reading repeating Lord have mercy upon me miserable sinner Nay even an Advocate after being debarred a few days because albeit no Clerk yet he would not take it without the benefit of his Clergy viz. the Councils Explanation was yet thereafter admitted without the Warrant of the Councils Act but all this in the Case of so many other was right and good Further the Council expresly declare the Earl to be Guilty before he had ever said one word in his own defence Thereafter some of them become his Assizers and others of them witness against him and after all they do of new concern themselves by a Second Letter to His Majesty wherein they assert That after full debate and clear probation he was found guilty of Treason c. to have a sentence past against him and that of so high a nature and so dreadful a consequence as suffers no person to be unconcerned far less their Lordships his Judges who upon grounds equally just and which is more already predetermined by themselves may soon meet with the same measure not only as Concealers of Treason but upon the least pretended disobedience or non-compliance with any Act of Parliament and after all must infallably render an account to God Almighty He bids them therefore lay their hands to their bearts and whatever they shall judge he is assured that God knows and he hopes all unblassed men in the World will or may know he is neither guilty of Treason nor any of the Crimes libelled He says he is glad how many out-do him in asserting the true Protestant Religion and their Loyalty to His Majesty only he hadds If he could justify himself to God as he can to His Majesty he is sure he might account himself the happiest man alive But yet seeing he hath a better hope in the mercy of God through Jesus Christ he thereupon rests whether he finds Justice here on Earth or not He says he will add nothing to move them either to tenderness or pity he knows that not to be the place and pretends to neither from them He pleads his Innocence and craves Justice leaving it to their Lordships to consider not so much his particular Case as what a Preparative it may be made and what may be its Consequences And if all he hath said do neither convince nor persuade them to alter their judgment yet he desires them to consider whether the Case do not at least deserve to be more fully represented and left to His Majecty's wisdom and justice seeing that if once the matter pass upon record for Treason it is undoubted that hundreds of the best and who think themselves most innocent may by the same methods fall under the like Condemnation whenever the King's Advocate shall be thereto prompted And thus you have a part of what the Earl intended to have said before pronouncing Sentence if he had not made his Escape before the day Yet some things I perceive by his Notes are still in his own breast as only proper to be said to His Majesty I find several Quotations out of the Advocate 's printed Books that it seems he was to make some use of but seeing it would have been too great an interruption to have applied them to the places designed I have subjoined them together leaving them to the Advocate 's own and all mens consideration It was by some remarked That when the Lords of Justitiary after the ending of the first days debate resolved that same night to give judgment upon it they sent for the Lord Nairn one of their number an old and infirm man who being also a Lord of the Session is so decayed through age that he hath not for a considerable time been allowed to take his turn in the Outer-house as they call it where they judge lesser Causes alone But notwithstanding both his age and infirmity and that he was gone to bed he was raised and brought to the Court to consider a Debate a great deal whereof he had not heard in full Court and withal as is informed while the Clerk was reading some of it fell of new asleep It was also remarked that the Lords of Justitiary being in all five viz. the Lord Nairn above-mentioned with the Lords Collintoun Newtoun Hirkhouse and Forret the Libel was found relevant only by the odds of three to two viz. the Lord Nairn aforesaid the Lord Newtoun since made President of the Session and the Lord Forret both well enough known against the Lord Collintoun a very ingenious Gentleman and a true old Cavalier and the Lord Hirkhouse a learned and upright Judge As for the Lord Justice General who was also present and presided his vote according to the constitution of the Court was not asked But to return to my Narrative the Earl as I have already told you did not think fit for reasons that you shall hear to stay till His Majesty's return came to the Council's last Letter but taking his opportunity made his escape out of the Castle of Edinburgh upon Tuesday the Twentieth of December about eight at night and in a day or two after came His Majesty's Answer here subjoined The King's Answer to the Council's Letter December 18. 1681. C. R. MOST dearly c. having this day received your Letter of the 14th instant giving an account that our Advocate having been ordered by you to insist in that Process raised at our instance against the Earl of Argyle he was after full debate and clear probation found guilty of Treason and Leasing-making betwixt us our Parliament and our People and the reproaching our Laws and Acts of Parliament We have now thought fit notwithstanding of what was ordered by us in our Letter to you of the 15th of November last hereby to authorize you to grant a Warrand to our Justice General and the remanent Judges of our Justice Court for proceeding to pronounce a Sentence upon the Verdict of the Jury against the said Earl nevertheless it is our express pleasure and we do hereby require you to take care that all execution of the Sentence be stopped until we shall think fit to declare our further pleasure in this Affair For doing whereof c. Which Answer being read in Council on the Thursday and the Court of Justiciary according to its last Adjournment as shall be told you being to meet upon the Friday after a little hesitation in Council whether the Court of Justiciary could proceed to the Sentence of Forfaulture against the Earl he being absent it was resolved in the affirmative And what were the grounds urged either of hesitation or resolution I cannot precisely say there being nothing on record that I can learn But that you may have a full and satisfying account I shall briefly tell you what was ordinarily discoursed a part whereof I also find in a Petition given in by the Countess of Argyle to the Lords
of Justitiary before pronouncing sentence but without any answer or effect It was then commonly said that by the old Law and Custom the Court of Justitiary could no more in the case of Treason than of any other Crime proceed further against a Person not compearing and absent than to declare him Out-Law and Fugitive And that albeit it be singular in the case of Treason that the Trial may go on even to a final Sentence though the Party be absent yet such Trials were only proper to and always reserved for Parliaments And that so it had been constantly observed until after the Rebellion in the Year 1666 But there being several Persons notourly engaged in that Rebellion who had escaped and thereby withdrawn themselves from Justice it was thought that the want of a Parliament for the time ought not to afford them any immunity and therefore it was resolved by the Council with advice of the Lords of Session that the Court of Justitiary should summon and proceed to trial and sentence against these Absents whether they compeared or not and so it was done Only because the thing was new and indeed an innovation of the old Custom to make all sure in the first Parliament held thereafter in the Year 1669. it was thought fit to confirm these Proceedings of the Justitiary in that point and also to make a perpetual Statute that in case of open Rebellion and Rising in Arms against the King and Government the Treason in all time coming might by an Order from His Majesty's Council be tried and the Actors proceeded against by the Lords of Justitiary even to final sentence whether the Traytors compeared or not This being then the present Law and custom it is apparent in the first place that the Earl's Case not being that of an open Rebellion and Rising in Arms is not at all comprehended in the Act of Parliament So that it is without question that if in the beginning he had not entered himself Prisoner but absented himself the Lords of Justiciary could not have gone further than upon a citation to have declared him Fugitive But others said that the Earl having both entered himself Prisoner and compeared and after debate having been found guilty before he made his escape the case was much altered And whether the Court could notwithstanding of the Earl's intervening escape yet go on to sentence was still debatable for it was alledged for the affirmative that seeing the Earl had twice compeared and that after debate the Court had given judgment and the Assize returned their Verdict so that had nothing remained but the pronouncing of Sentence it was absurd to think that it should be in the power of the Party thus accused and found guilty by his escape to frustrate Justice and withdraw himself from the punishment he deserved But on the other hand it was pleaded for the Earl That first It was a fundamental Rule That until once the Cause were concluded no Sentence could be pronounced Next that it was a sure Maxim in Law that in Criminal Actions there neither is or can be any other conclusion of the cause than the Parties presence and silence So that after all that had past the Earl had still freedom to add what he thought fit in his own defence before pronouncing sentence and therefore the Lords of Justiciary could no more proceed to sentence against him being escaped than if he had been absent from the beginning the Cause being in both cases equally not concluded and the principle of Law uniformly the same viz. That in Criminals except in cases excepted no final sentence can be given in absence For as the Law in case of absence from the beginning doth hold that just temper as neither to suffer the Contumacious to go altogether unpunished nor on the other hand finally to condemn a party unheard And therefore doth only declare him Fugitive and there stops So in the case of an Escape before Sentence where it cannot be said the Party was fully heard and the Cause concluded the Law doth not distinguish nor can the parity of Reason be refused Admitting then that the Cause was so far advanced against the Earl that he was found guilty Yet 1. This is but a declaring of what the Law doth as plainly presume against the Party absent from the beginning and consequently of it self can operate no further 2dly The finding of a Party guilty is no conclusion of the Cause And 3dly As it was never seen nor heard that a Party was condemned in absence except in excepted Cases whereof the Earl's is none so he having escaped and the Cause remaining thereby unconcluded the general rule did still hold and no sentence could be given against him It was also remembred that the Dyets and days of the Justice Court are peremptour and that in that case even in Civil far more in Criminal Courts and Causes a Citation to hear Sentence is constantly required which induced some to think that at least the Earl should have been lawfully cited to hear Sentence before it could be pronounced But it is like this course as confessing a difficulty and occasioning too long a delay was therefore not made use of However upon the whole it was the general Opinion That seeing the denouncing the Earl Fugitive would have wrought much more in Law than all that was commonly said at first to be designed against him And that his Case did appear every way so favourable that impartial men still wondered how it came to be at all questioned It had been better to have sisted the Process with his Escape and taken the ordinary course of Law without making any more stretches But as I have told you when the Friday came the Lords of Justiciary without any respect or answer given to the Petition above-mentioned given in by the Countess of Argyle to the Court for a stop pronounced Sentence first in the Court and then caused publish the same with all solemnity at the Mercat-Cross at Edinburgh FOrasmuch as it is found by an Assize That Archibald Earl of Argyle is guilty and culpable of the Crimes of Treason Leasing-making and Leasing-telling for which he was detained within the Castle of Edinburgh out of which he has now since the said Verdict made his Escape Therefore the Lords Commissioners of Justiciary decern and adjudge the said Archibald Earl of Argyle to be execute to the death demained as a Traytor and to underly the pains of Treason and other punishments appointed by the Laws of this Kingdom when he shall be apprehended at such a time and place and in such manner as his Majesty in his Royal pleasure shall think fit to declare and appoint And his Name Memory and Honours to be extinct And his Arms to be riven forth and delete out of the Books of Arms swa that his Posterity may never have place nor be able hereafter to bruick or joyse any Honour Offices Titles or Dignities within this Realm in
That Parliaments are part of the frame of the Common-Law which is laid in the Law and Light of Nature right Reason and Scripture 2. That according to this Moral Law of Equity and Righteousness Parliaments ought frequently to meet for the common peace safety and benefit of the People and support of the Government 3. That Parliaments have been all along esteemed an essential part of the Government as being the most ancient honourable and Sovereign Court in the Nation who are frequently and perpetually to sit for the making and abolishing Laws Redressing of Grievances and see to the due administration of Justice 4. That as to the place of Meeting it was to be at London the Capital City the Eye and Heart of the Nation as being not only the Regal Seat but the principal place of Judicature and residence of the chief Officers and Courts of Justice where also the Records are kept as well as the principal place of Commerce and Concourse in the Nation and to which the People may have the best recourse and where they may find the best accommodation 5. The Antiquity of Parliaments in this Nation which have been so ancient that no Record can give any account of their Beginning my Lord Coke thus tracing them from the Britains through the Saxons Danes and Normans to our days So that not to suffer Parliaments to sit to answer the great ends for which they were Instituted is expresly contrary to the Common Law and so consequently of the Law of God as well as the Law of Nature and thereby Violence is offered to the Government it self and Infringement of the Peoples fundamental Rights and Liberties Secondly What we find hereof in the Statute-Law The Statute Laws are Acts of Parliament which are or ought to be only Declaratory of the Common Law which as you have heard is founded upon right Reason and Scripture for we are told that if any thing is Enacted contrary thereto it is void and null As Coke Inst l. 2. c 29. f. 15. Finch p. 3. 28 H. 8. c. 27. Doct. and Stud. The first of these Statures which require the frequent Meeting and Sitting of Parliaments agreeable to the Common Law we find to be in the time of Ed. 3. viz. 4 Ed. 3. ch 14. In these words ' Item It is accorded that a Pariament shall be holden every year once or more often if need be The next is in the 36 of the same K. Ed. 3. c. 10. viz. Item For the maintenance of the said Articles and Statutes and Redressing of divers Mischiefs and Grievances which dayly happen a Parliament shall be holden every year as at another time was ordained by a Statute viz. the aforementioned in his 4th year And agreeable hereto are those Statutes upon the Rolls viz. 5 Ed. 2. 1 R. 2. No. 95. By which Statutes it appeareth That Parliaments ought annually to meet to support the Government and to redress the Grievances which may happen in the Interval of Parliaments That being the great End proposed in their said Meetings Now for Parliaments to meet Annually and not suffered to sit to Answer the Ends but to be Prorogued or Dissolved before they have finished their Work would be nothing but a deluding the Law and a striking at the foundation of the Government it self and rendering Parliaments altogether useless for it would be all one to have No Parliaments at all as to have them turn'd off by the Prince before they have done that that they were called and intrusted to do For by the same Rule whereby they may be so turn'd off one Session they may be three Sessions and so to threescore to the breaking of the Government and introducing Arbitrary Power To prevent such intollerable Mischiefs and Inconveniencies are such good Laws as these made in this King's time and which were so Sacredly observed in after times That it was a Custom especially in the Reigns of H. 4. H 5. H. 6. to have a Proclamation made in Westminster-Hall before the end of every Session * An honest and a necessary Proclamation to be made every Parliament That all those who had any matter to present to the Parliament should bring it in before such a day for otherwise the Parliament at that day should Determine Whereby it appears the People were not to be eluded nor disappointed by surprizing Prorogations and Dissolutions to frustrate and make void the great ends of Parliaments And to this purpose saith a late Learned Author That if there was no Statute or any thing upon record extant concerning the Parliaments sitting to redress grievances yet that I must believe that it is so by the fundamental Law of the Government which must be lame and imperfect without it For otherwise the Prince and his Ministers may do what they please and their Wills may be their Laws Therefore it is provided for in the very Essence and Constitution of the Government it self and this saith our Author we may call the Common-Law which is of as much value if not more than any Statute and of which all our good Acts of Parliament and Magna-Charta it self is but Delaratory so that though the King is intrusted with the formal part of summoning and pronouncing the Dissolution of Parliaments which is done by Writ yet the Laws which oblige him as well as us have determined how and when he shall do it which is enough to shew that the King's share in the Soveraignty that is in the Parliament is cut out to him by Law and not left at his disposal The next Statute we shall mention to inforce this fundamental Right and Privilege 25 Ed. 3. c. 23. Statute of Provisors is the 25th Ed. 3. ch 23. called the Statute of Provisors which was made to prevent and cut off the Incroachments of the Bishops of Rome whose Usurpations in disposing of Benefices occasioned intollerable Grievances wherein in the Preamble of the said Statute it is expressed as followeth Whereupon the Commons have prayed our said Soveraign Lord the King that sith the Right of the Crown of England and the Law of the said Realm is such that upon the Mischiefs and Damage which happeneth to his Realm be ought and is bounden of the accord of his said People in his Parliament thereof to make Remedy and Law in avoiding the Mischiefs and Damage which thereof cometh That it may please him thereupon to provide Remedy Our Soveraign Lord the King seeing the Mischiefs and Damage before-named and having regard to the said Statute made in the time of his said Grand-Father and to the Causes contained in the same which Statute holdeth always his force and was never defeated or annulled in any point and by so much is bound by his Oath to do the same to be kept as the Law of this Realm tho that by Sufferance and Negligence it hath since been attempted to the contrary And also having regard to the grievous Complainte made to him by his
People in divers Parliaments holden heretofore Willing to ordain Remedy for the great Damages and Mischiefs which have happened and dayly do happen by the said Cause c. By the assent of all the great Men and Commonalty of his said Realm hath Ordained and Established c. In which preamble of the Statute we may observe 1. The intollerable grievance and burden which was occasion'd by the illegal Incroachments of the See of Rome 2. The many Complaints the People had made who in those dark times under Popery were sensible of groaning under those Burdens 3. The Endeavours used in vain by former Parliaments to Redress the same and to bring their Laws in being to have their Force and Effect 4. The acknowledgment of the King and Parliament that the Obligation hereto was upon the King 1. From the Right of the Crown which obliged every King to pass good Laws 2. The Statute in force 3. The King's Oath to keep the Old and pass New Laws for his Peoples safeguard which they should tender to him 4. From the sence of the People expressed in their Complaints and 5. From the Mischief and Damage which would otherwise ensue And therefore by the desire and accord of his People He passes this famous Law The Preamble whereof is here recited Another Statute to the same purpose you find 2 R. 2. No. 28. Also the Commons in Parliament pray That forasmuch as Petitions and Bills presented in Parliament by divers of the Commons could not heretofore have their Respective Answers That therefore both their Petitions and Bills in this present Parliament as also others which shall be presented in any future Parliament may have a good and gracious Answer and Remedy ordained thereupon before the departing of every Parliament And that to this purpose a due Statute be ensealed or Enacted at this present Parliament to be and remain in Force for all times to come To which the King replied The King's Answer THE King is pleased that all such Petitions deliver'd in Parliament of things or matters which cannot otherwise be determined A Good and Reasonable Answer shall be made and given before the departure of Parliament In which excellent Law we may observe 1. A Complaint of former remisness their Bills having aforetime been pass'd by their Grievances Unredressed by unseasonably Dissolving of Parliaments before their Laws could pass 2. That a Law might pass in that very Parliament to rectifie that Abuse for the future And 3. That it should not pass for a temporary Law but for perpetuity being of such absolute Necessity that before the Parliaments be dismissed Bills of common Right might pass And the King agreed hereto Suitable hereto we have my Lord Chief Justice Coke that great Oracle of the Law in his Instit 4. B. p. 11. asserting Petitions being truly preferr'd though very many have been Answered by the Law and Custom of Parliament before the end of Parliament This appears saith he by the Ancient Treatise De Modo tenendi Parliamentum in these Words faithfully Translated The Parliament ought not to be ended while any Petition dependeth undiscussed or at the least to which a determinate Answer is not made Rot. Par. 17. E. 3. No. 60. 25 E. 3. No. 60. 50 E. 3. No. 212. 2 R. 2.134 2 R. 2. No. 38. 1 H. 4.132 2 H. 4325.113 And that one of the principal ends of calling Parliaments is for redressing of Grievances that daily happen 36 E. 3. c. 10. 18 E. 3. c. 14. 50 E. 3. No. 17. Lyons Case Rot. Par. 1 H. 5. No. 17. 13 H. 4. No. 9. And that as concerning the departing of Parliaments It ought to be in such a manner faith Modus Tenendi viz. To be demanded yea and publiekly Proclaimed in the Parliament and within the Palace of the Parliament whether there be any that hath delivered a Petition to the Parliament and hath not received Answer thereto if there be none such it is to be supposed that every one is Satisfied or else Answered unto at the least so far forth as by the Law be may be And which custom was observed in after Ages as you have heard before Concerning the Antiquity and Authority of this Ancient Treatise called Modus tenendi Parliamentum saith my Lord Coke whereof we make often use in our Institutes Certain it is that this Modus was Rehearsed and Declared before the Conqueror at the time of his Conquest and by him approved for England and accordingly he according to Modus held a Parliament for England as appears 21 E. 3. so 60. Whereby you clearly perceive that these wholsome Laws are not only in full agreement with the Common Law and declarative thereof but in full accord with the Oath and Office of the Prince who has that great trust by the Law lodged with him for the good and benefit not hurt and mischief of the People viz. First These Laws are very suitable to the Duty and Office of a Ruler and the end for which he was instituted by God himself who commands him to do Judgment and Justice to all especially to the Oppressed and not to deny them any request for their relief protection or welfare 2 Sam. 22.3 1 Chron. 13.1 to 5.2 Chron. 9.8.19.5 c Est 1.13 Our Law-Books enjoyning the same as Bracton Lib. 1. c. 2. Lib. 3. c. 9. fol. 107 c. Fortiscue ch 9. fo 15. c. 7. fol 5.11 Coke 7. Book Reports Calvin's Case f. 11. Secondly They are also in full Harmony with the King's Coronation Oath solemnly made to all his Subjects viz. To grant fulfill and defend all rightful Laws which the Commons of the Realm shall choose and to strengthen and maintain them after his Power Thirdly These Laws are also in full agreement and oneness with Magna Charta it self that Ancient Fundamental Law which hath been Confirmed by at least Forty Parliaments viz. We shall deny We shall defer to no Man Justice and Right much less to the whole Parliament and Kingdom in denying or deferring to pass such necessary Bills which the Peoples needs call for Object But to all this which hath been said it may be objected That several of our Princes have otherwise practised by Dissolving or as laterly used by Prorogucing Parliaments at their pleasures before Grievances were Redressed and Publick Bills of Common Safety Passed and that as a Privilege belonging to the Royal Prerogative Answ To which it is Answered That granting they have so done First It is most manifest that deth not therefore create a right to them so to do according to that known Maxim a facto ad jus non valet Consequentia especially when such Actions are against so many express and positive Laws such Principles of Common Right and Justice and so many particular Tyes and Obligations upon themsâ—â—es to the contrary Secondly But if it had been so yet neither can Prerogative be pleaded to justify such Practices because the King has no Prerogative but what the Law gives
him and it can give none to destroy its self and those it protects but the contrary Bracton in his Comments pag. 487. tells us Bracton p. 487. That although the Common Law doth allow many Prerogatives to the King yet it doth not allow any that He shall wrong or hurt any by His Prerogative Therefore 't is well said by a late Worthy Author upon this point That what Power or Prerogative the Kings have in Them ought to be used according to the true and genuine intent of the Government that is for the Preservation and Interest of the People And not for the disappointing the Councils of a Parliament towards reforming Grievances and making provision for the future Execution of the Laws and whenever it is applied to frustrate those ends it is a Violation of Right and Infringement of the King's Coronation Oath who is obliged to Pass or Confirm those Laws His People shall cluse And tho he had such a Prerogative by Law yet it should not be so used especially in time of Eminent danger and distress The late King in His Advice to His Majesty that now is in his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 239. Tells him That his Prerogative is best shewed and exercised in Remitting rather than exacting the Rigor of the Laws there being nothing worse than Legal Tyranny Nor would he have him entertain any Aversion or Dislike of Parliaments The Late King's advice to His Majesty which in their right Constitution with freedom and Honour will never Injure or Diminish His Greatness but will rather be as interchangings of Love Loyalty and Confidence between a Prince and His people It is true some Flatterers and Traytors have presumed in defiance to their Countries Rights to assert that such a boundless Prerogative belongs to Kings As did Chief Justice Trisilian c. in R. 2â—s time Advising him that he might Dissolve Parliaments at pleasure and that no Member should be called to Parliament nor any Act past in either House without His Approbation in the first place and that whoever advis'd otherwise were Traytors But this Advice you read was no less fatal to himself than pernicious to his Prince Bakers Chron. p. 147 148 and 159. King James in His Speech to the Parliament 1609. Gives them assurance That he never meant to Govern by any Law but the Law of the Land tho it be disputed among them as if he had an intention to alter the Law and Govern by the absolute power of a King but to put them out of doubt in that matter tells them That all Kings who are not Tyrants or Perjured will bound themselves within the limits of their Laws And they that persuade the contrary are Vipers and Pests both against them and the Commonwealth Wilson K. J. p. 46. The Conclusion 1. IF this be so That by so great Authority viz. so many Statutes in force The sundamental of the Common Law the Essentials of the Government it self Magna Charta The King's Coronation Oath so many Laws of God and Man The Parliament ought ro sit to Redress Grievances and provide for Common Safety especially in times of Common Danger And that this is eminently so who can doubt that will believe the King so many Parliaments The Cloud of Witnesses the Publick Judicatures their own sense and experience of the manifold Mischiefs which have been acted and the apparent Ruine and Confusion that impends the Nation by the restless Attempts of a bloody Interest if speedy Remedy is not applied Then let it be Queried Whether the People having thus the Knife at the Throat Cities and Habitations Fired and therein their Persons fried Invasions and Insurrections threatned to Destroy the King and Subjects Church and State and as so lately told us upon Mr. Fitz Harris's Commitment the present Design on Foot was to Depose and Kill the King and their only remedy hoped for under God to give them relief Relief thus from time time cut off viz. Their Parliaments who with so much care cost and pains are Elected sent up and Intrusted for their help turned off ré infecta and rendred so insiguificant by those frequent Prorogations and Dissolutions Are they not therefore justified in their important Cries in their many Humble Petitions to their King Fervent Addresses to their Members earnest Claims for this their Birth-right here Pleaded which the Laws of the Kingdom consonant to the Laws of God and Nature has given them 2. If so what then shall be said to those who advise to this high Violation of their Countries Rights to the infringing so many just Laws and exposing the Publick to those desperate hazards if not a total Ruine If King Alfred as Andrew Horne in his Mirror of Justice tells us hanged Darling Segnor Cadwine Cole and Forty Judges more for Judging contrary to Law and yet all those false Judgments were but in particular and private Cases What death do those Men deserve who offer this violence to the Law it self and all the Sacred Rights of their Country If the Lord Chief Justice Thorp in Ed. 3d's time for receiving the Bribery of One hundred pounds was adjudged to be Hanged as one that had made the King break his Oath to the People How much more guilty are they of making the King break His Coronation Oath that persuade him to Act against all the Laws for holding Parliaments and passing Laws therein which he is so solemnly sworn to do And if the Lord Chief Justice Tresilian was Hanged Drawn and Quartered for Advising the King to Act contrary to some Statutes only What do those deserve that advise the King to Act not only against some but against all these Ancient Laws and Statutes of the Realm And if Blake the King's Council but for assisting in the matter and drawing up Indictments by the King's Command contrary to Law tho it is likely he might Plead the King's Order for it yet if he was Hang'd Drawn and Quartered for that What Justice is due to them that assist in the Total Destruction of all the Laws of the Nation and as much in them lies their King and Country too And if Vsk the under-Sheriff whose Office is to Execute the Laws for but endeavouring to aid Tresilian Blake and their Accomplices against some of the Laws was also with Five more Hang'd Drawn and Quartered What punishment may they deserve that Aid and endeavour the Subversion of all the Laws of the Kingdom And if Empson and Dudley in Henry the Eighth's time tho two of the King 's Privy Council were Hanged for Procuring and Executing an Act of Parliament contrary to the Fundamental Laws of the Kingdom and to the great vexation of the People so that tho they had an Act of Parliament of their side yet that Act being against the known Laws of the Land were Hang'd as Traytors for putting that Statute in Execution Then what shall become of those who have no such Act to shelter themselves under and who
shall Act not only contrary to but to the Destruction of the Fundamental Laws of the Kingdom And how Harmonious such Justice will be the Text tells us Deut. 27.17 Cursed be he that removeth his Neighbours Land mark and all the People shall say Amen That this present Session may have a happy Issue to answer the great ends of Parliaments and therein our present Exigencies and Necessities is the incessant Cry and longing Expectation of all the Protestants in the Land 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 THE Principal Ends of all Civil Government and of Humane Society were the Security of Mens Lives Liberties and Properties mutual assistance and help each unto other and provision for their common benefit and advantage and where the Fundamental Laws and Constitution of any Government have been wisely adapted unto those Ends such Countries and Kingdoms have increased in Vertue Prowess Wealth and Happiness whilst others through the want of such excellent Constitutions or negect of preserving them have been a Prey to the Pride Lust and Cruelty of the most Potent and the People have had no assurance of Estates Liberties or Lives but from their Grace and Pleasure They have been many times forced to welter in each other's Blood in their Master's quarrel for Dominion and at best they have served like Beasts of burthen and by continual base subserviency to their Master's Vices have lost all sense of true Religion Virtue and Manhood Our Ancestors have been famous in their Generations for Wisdom Piety and Courage in forming and preserving a Body of Laws to secure themselves and their Posterities from Slavery and Oppression and to maintain their Native Freedoms to be subject only to the Laws made by their own Consent in their general Assemblies and to be put in execution chiefly by themselves their Officers and Assistants to be guarded and defended from all Violence and Force by their own Arms kept in their own hands and used at their own charge under their Prince's Conduct entrusting nevertheless an ample Power to their Kings and other Magistrates that they may do all the good and enjoy all the happiness that the largest Soul of man can honestly wish and carefully providing such means of correcting and punishing their Ministers and Councellors if they transgressed the Laws that they might not dare to abuse or oppress the People or design against their freedom or welfare This Body of Laws our Ancestors always esteemed the best Inheritance they could leave to their Posterities well knowing that these were the sacred Fence of their Lives Liberties and Estates and an unquestionable Title whereby they might call what they had their own or say they were their own Men The inestimable value of this Inheritance moved our Progenitors with great resolution bravely from Age to Age to defend it and it now falls to our lot to preserve it against the Dark Contrivances of a Popish Faction who would by Frauds Sham-Plots and Infamous Perjuries deprive us of our Birth-rights and turn the points of our Swords our Laws into our own Bowels they have impudently scandalized our Parliaments with Designs to overturn the Monarchy because they would have excluded a Popish Successor and provided â—or the Security of the Religion and Lives of all Protestants They have caused Lords and Commoners to be for a long time kept in Prisons and suborned Witnesses to swear matters of Treason against them endeavouring thereby not only to cut off some who had eminently appeared in Parliament for our ancient Laws but through them to blast the Repute of Parliaments themselves and to lessen the Peoples Confidence in those great Bulwarks of their Religion and Government The present purpose is to shew how well our Worthy Fore-fathers have provided in our Law for the safety of our Lives not only against all attemps of open Violence by the severe punishment of Robbers Murtherers and the like but the secret poisonous Arrows that fly in the dark to destroy the Innocent by false Accusation and Perjuries Our Law-makers foresaw both their dangers from the Malice and Passion that might cause some of private condition to accuse others falsly in the Courts of Justice and the great hazards of Worthy and Eminent Mens Lives from the Malice Emulation and Ill Designs of Corrupt Ministers of State or otherwise potent who might commit the most odious of Murthers in the form and course of Justice either by corrupting of Judges as dependant upon them for their Honour and great Revenue or by bribing and hiring men of depraved Principles and desperate Fortunes to swear falsly against them doubtless they had heard the Scriptures and observed that the great men of the Jews sought out many to swear Treason and Blasphemy against Jesus Christ They had heard of Ahab's Courtiers and Judges who in the Course and Form of Justice by false Witnesses murthered Naboth because he would not submit his Property to an A bitrary Power Neither were they ignorant of the Ancient Roman Histories and the pestilent false Accusers that abounded in the Reign of some of those Emperors under whom the greatest of Crimes was to be virtuous Therefore as became good Legislators they made as prudent Provinon as perhaps any Country in the World enjoys for equal and impartial Administration of Justice in all the concerns of the Peoples Lives that every man whether Lord or Commoner might be in safety whilst they lived in due obedience to the Laws For this purpose it is made a Fundamental in our Government that unless it be by Parliament See Lâ— Cook 's Instit 3d part p. 40. See Mag. Chart. Cooke's â—d part of Insâ—â—t p. 50 51. no man's Life should be touched for any Crime whatsoever save by the Judgment of at least 24 Men that is 12 or more to find the Bill of Indictment whether he be Peer of the Realm or Commoner and 12 Peers or above if a Lord if not 12 Commoners to give the Judgment upon the general Issue of not guilty joined of these 24 the first 12 are called the Grand Inquest or the Grand Jury for the extent of their power and in regard that their number must be no more than 12 sometimes 23 or 25 never were less than 13. Twelve whereof at least must agree to every Indictment or else 't is no legal Verdict If 11 of 21 or of 13 should agree to find a Bill of Indictment it were no Verdict The other Twelve in Commoners Cases are called the Petit-Jury and their number is ever Twelve but the Jury for a Peer of the Realm may be more in number though of like Authority The Office and Power of these Juries is Judicial they only are the Judges from whose Sentence the Indicted are to expect Life or Death upon their Integrity and Understanding
Invaders of our common Liberties of England in our said Charters contained and when we had conceived firm and undoubted hopes that these our Liberties would have been faithfully preserved by all men the King circumvented and seduced by the Counsels of evil Ministers hath not been afraid to violate it by infringing them falsly believing that he could for Rewards be absolved from that offence which would be the manifest destruction of the Kingdom There is another thing also that grieves our Spirits that the Justices subtilly and maliciously by diverse Arguments of covetousness and intollerable pride have the King against his faithful Subjects sundry ways incited and provoked counselling him contrary to the good and wholsome Advice of all the Liegemen of England and have not blushed nor been afraid impudently to assert and prefer their own foolish Councils as if they were more fit to consult and preserve the Commonweal than all the Estates of the Kingdom together assembled so that it may be truly said of them they are the men that troubled the Land and disturb'd the Nation under a false colour of gravity have the whole People grievously opprest and under pretence of expounding the antient Laws have introduced new I will not say Laws but evil Customs so that through the Ignorance of some and partiality of others who for reward or fear of great Men have been engaged there was no certainty of Law and they scorned to administer Justice to the people their deeds are deeds of wickedness and the work of Iniquity is in their hand their feet make haste to evil and the way of truth have they not known what shall I say there is no Judgment in their paths How many Free-men of this Land faithful Subjects of our Lord the King have like the meanest Slaves of lowest condition without any fault been cast into Prison where some of them by hunger grief or the burthen of their chains have expired they have also extorted at their pleasure infinite sums of money for their ransoms the Coffers of some that they might fill their own as well from the rich as the poor they have exhausted by reason whereof they have contracted the irreconcilable hatred and dreadful imprecations of all men as if they had purchas'd and obtain'd such an incommunicable priviledge by their detestable Charter of non Obstante that they might at their own lust be free from all Laws both humane and divine Moreover there is another more the ordinary grievance which hitherto hath and in some measure doth still rage among us All things are expos'd to sale if not as it were to plunder and theft Alas how great power hath the love of money in the breasts of Men Hear therefore O ye wicked from my mouth the dreadful decree of Heaven the dejection af your countenances accuseth you and like the men of Sodom ye have not hidden but proclaimed the sin woe be to your souls woe be to them that make Laws and Writing write injustice that they may oppress the poor in Judgment and injure the cause of the humble that Widows may become their Prey and that they might destroy the Orphan Woe be to those that build their Houses in injustice and their Tabernacles in Vnrighteousness Woe be to them that covet large possessions that break open Houses and destroy the Man and his Inheritance woe be to such Judges who are like Wolves in the Evening and leave not a bone till the morning The Righteous Judge will bring such Counsellors to a foolish end and such Judges to confusion ye shall all presently with a loud cry receive the just sentence of the Land At the hearing of these things all Ears tingled and the whole Community lifted up their Voice and mourned saying Alas alas for us what is become of that English Liberty which we have so often purchased which by so many Concessions so many Statutes so many Oaths have been confirmed to us Hereupon several of the Criminals withdrew into secret places being concealed by their friends some of them were brought forth into the midst of the People and deservedly turned out of their Offices one was banished the Land and others were grievously Fined or Condemned to perpetual Imprisonment This is confirmed by Spelman An. 1290. All the Justices of England saith he were An. 18. Ed. 1. apprehended for Corruption except John Mettingham and Elias Bleckingham whom I name for their honour and by Judgment of Parliament condemned some to Imprisonment others Banishment or Confiscation of their Estates and none escaped without grievous Fines and the loss of their Offices The Speech and Carriage of STEPHEN COLLEDGE Before the Castle at Oxford Wednesday Aug. 31. 1681. Taken exactly from his Mouth at the place of Execution Mr. High-Sheriff MR. Colledge It is desired for satisfaction of the World because you have profest your self a Protestant that you would tell what Judgment you are of Colledge Dear People dear Protestants and dear Country-men I Have been Accused and Convicted for Treason the Laws Adjudge me to this Death and I come hither willingly to submit to it I pray God forgive all those persons that had any hand in it I do declare to you whatever has been said of me that I was never a Papist or ever that way inclined they have done me wrong I was ever a Protestant I was born a Protestant I have lived so and so by the Grace of God I will die of the Church of England according to the best Reformation of the Church from all Idolatry from all Superstition or any thing that is contrary to the Gospel of our blessed Lord and Saviour I do declare I was never in any Popish Service Prayers or Devotions in my life save one time about seventeen or eighteen years ago as near as I remember I was out of a curiosity one afternoon at St. James's Chappel the Queens Chappel at St. James's except that one time I never did hear any Popish Service any thing of the Church of Rome Mass or Prayers or any thing else private or publick I know you expect that I should say something as to what I die for It has been charged upon me when I was apprehended and brought before the Council some of the Council the Secretary and my Lord Killingworth and Mr. Seymour they told me there was Treason sworn against me truly they surprized me when they said so for of all things in the World I thought my self as free from that as any man I asked them if any man living had the confidence to swear Treason against me They said several three or four as I remember Then they told me it was sworn against me that I had a design to pull the King out of White-hall and to serve him as his Father was served or to that purpose the Loggerhead his Father or that kind of Language I did deny it then and do now deny it upon my Death I never was in any manner of Plot in my
pinches he is really concerned that Ireland is not altogether an independent Kingdom and in the Hands of its own Natives he longs till the Day when the English Yoak of Boudage shall be thrown off Of this he gives us broad Hints when he tells us That England is the only Nation in the World that impedes their Trade That a Man of English Interest will never Club with them as he phrases it or project any thing which may tend to their Advantage that will be the least Bar or Prejudice to the Trade of England Now why a Man of English Interest unless he will allow none of that Nation to be an able and just Minister to his Prince should be partial to ruine one Kingdom to avoid the least Inconveniency of the other contrary to the positive Commands of his King I cannot imagine For since it is the Governour 's Duty to Rule by Law and such Orders as he shall receive from His Majesty I know no Grounds for our Authors Arraigning the whole English Nation in saying That no one Man among them of what Perswasion soever will be true either to the Laws or his Majesty's positive Orders which shall seem repugnant to the smallest Conveniencies of England This is a glory reserved only as it seems for his Hero my Lord Tyrconnel The Imbargo upon the West India Trade and the Prohibition of Irish Cattel are the two Instances given It were to be wished indeed for the Good of that Kingdom that both were taken off and I question not but to see a Day wherein it shall seem proper to the King and an English Parliament to Repeal those Laws a Day wherein they will consider us as their own Flesh and Blood a Colony of their Kindred and Relations and take care of our Advantages with as little Grudging and Repining I am sure they have the same and no stronger Reason as Cornwal does at Yorkshire There are Instances in sevral Islands in the East-Indies as far distant as Ireland is from England that make up but one Kingdom and govern'd by the same Laws but the Wisdom of England will not judge it time fitting to do this till we of Ireland be one Mans Children either in Reality or Affection we wish the latter and have made many Steps and Advances towards it if the Natives will not meet us half way we cannot help it let the Event lie at their own Doors But after all I see not how those Instances have any manner of relation to the English Chief Governors in Ireland they were neither the Causes Contrivers nor Promoters of those Acts. The King and an English Parliament did it without consulting them if they had 't is forty to one my Lord of Ormond and the Council whose Stake is so great in Ireland would have hindred it as much as possible Our Author's Argument proves indeed That 't is detrimental to Ireland to be a subordinate Kingdom to England and 't is plain 't is that he drives at let him disguise it as much as he will but the conclusion he would prove cannot at all be deduced from it Shortly I expect he will speak plainer and in down right Terms propose That the two Kingdoms may be governed by different Kings Matters seem to grow ripe for such a dilloyal Proposition If these Acts and not the Subjection to an English King were the Grievances they would be so to the British there as well as to the Natives but though we wish them Repealed we do not repine in the mean time if the British who are the most considerable Trading part of that Nation and consequently feel the ill Effects of those Acts more sensibly can be contented why the Natives should not acquiesce in it unless it be for the forementioned Reasons I cannot see Our Author allows that there are different ways of obeying the King 't is a Point gained for us and proves there may be such a Partiality exercised in executing his Majesties Commands as may destroy the very Intent of them and yet taking the Matter strictly the King is obeyed but a good Minister will consider his Masters Intentions and not make use of a Word that may have a double Sence to the Ruine of a Kingdom nor of a Latitude of Power wherewith he is intrusted to the Destruction of the most considerable Party in it Far be it from us to think it was his Majesties Intentions to depopulate a flourishing Country to undo Multitudes of laborious thriving Families in it to diminish and destroy his own Revenue to put the Sword into Mad-mens Hands who are sworn Enemies to the British No! His Majesty who is willing that Liberty of Trade as well as Conscience should equally flourish in all parts of his Dominions that recommends himself to his Subjects by his Impartiality in distributing Offices of Trust and from that Practice raises his greatest Argument to move his People to Repeal the Penal Laws never intended that some general Commands of his should be perverted to the Destruction of that People his Intention is to protect His Majesty Great as he is cannot have two Consciences one calculated for the Latitude of England another for Ireland We ought therefore to conclude in respect to the King that his Commands have been ill understood and worse executed and this may be done as our Author confesses and the King undoubtedly obeyed but such an Obedience is no better than a Sacrifice of the best Subjects the King has in this Kingdom Our Author has given very good Reasons why the Natives may be well content with their present Governor but I cannot forbear laughing at those he has found out to satisfie the poor British with My Lord Tyrconnel's most Excellent Charitable English Lady His high sounding Name TALBOT in great Letters a Name that no less frightens the Poor English in Ireland then it once did the French a Name which because he is in possession of I will not dispute his Title to but I have been credibly informed that he has no relation to that most Noble Family of Shrewsbury though my Lord Tyrconnel presumes to bear the same Coat of Arms a Name in short which I hope in time Vox praetereae nihil A Second Reason is drawn from his Education We have heard and it has never yet been contradicted that my Lord Tyrconnel from his Youth upwards has constantly born Arms against the Brittish If our Author will assure us of the contrary I am apt to believe â—i Excellency will give him no thanks who lays the foundation of his Merit upon the Basis of his constant adherence to the Iâ—ish Party What use of Consolation can be drawn from this head by the Brittish is beyond my skill to conâ—preâ—â—nd A third Reason is drawn from his Stake in England the Author would do well to shew us in what Country this lies that we may know where to find Reprisals hereafter for since he offers this for our Security 't is fit
secured of an Asiatick Tameness in his Prelatical People by a Principle which they have lately imbib'd but neither learned from their Bibles nor the Statutes of the Land For the Clergy upon thinking that the Wind would always blow out of one quarter and being resolved to make that a Duty by their Learning which their Interest at that season made convenient have preached up the Doctrine of Passive Obedience to such a boundless height that they have done what in them lyes to give up themselves and all that had the Weakness to believe them fettered and bound for Sacrifices to Popish Rage and Despotical Tyranny But for my self and I hope the like of many others I thank God I am not tainted with that slavish and adulatory Doctrine as having always thought that the first Duty of every Member of a Body Politick is to the Community for whose Safety and Good Governors are instituted and that it is only to Rulers as they are found to answer the main Ends they are appointed for and to Act by the legal Rules that are Chalk'd out unto them Whether it be from my Dullness or that my Understanding is of a perverser make than other Mens I cannot tell but I could never yet be otherways minded than that the Rules of the Constitution and the Laws of the Republick or Kingdom are to be the Measures both of the Sovereign's Commands and of the Subjects Obedience and that as we are not to invade what by Concessions and Stipulations belongs unto the Ruler so we may not only Lawfully but we ought to defend what is reserved to our selves if it be invaded and broken in upon And as without such a Right in the Subjects all legal Governments and mix'd Monarchies were but empty Names and ridiculous things so wheresoever the Constitution of a Nation is such there the Prince who strives to subvert the Laws of the Society is the Traytor and Rebel and not the People who endeavor to preserve and defend them There is yet another Branch of the foresaid Oath that is of a much more unreasonable Strain than the former which is That they shall to the utmost of their Power assist defend and maintain him in the Exercise of this Absolute Power and Authority which being tack'd to our Obeying without reserve make us the greatest Slaves that eitheâ— are or ever were in the Universe Our Kings were heretofore bound to Govern according to Law and so is his present Majesty if a Coronation Oath and faith to Hereticks were not weaker than Sampson's cords proved to be but instead of that here is a new Oath imposed upon the Subjects by which they are bound to protect and defend the King in his ruling Arbitrarily It had been more than enough to have required only a calm submitting to the exercise of Absolute Power but to be enjoined to swear to assist and defend his Majesty and Successors in all things wherein they shall exert it is a plain destroying of all natural as well as civil Liberty and a robbing us of that freedom that belongs unto us both as we are men and as we are born under a free and legal Government For by this we become bound to drag our Brethren to the Stake to cut their Throats plunder their Houses imbrew our hands in the Blood of our Wives and Children if his Majesty please to make these the Instances wherein he will exert his Absolute Power and require us to assist him in the exercise of it As it was necessary to cancel all other Oaths and Tests as being directly inconsistent with this so the requiring the Scots to swear this Oath is the highest revenge he could take for their Solemn League and Covenant and for all other Oaths that lust after Arbitrariness and Popish Bigottry will pronounce to have been injurious to the Crown But no words are sufficient to express the mischiefs wrapt up in that new Oath or to declare the abhorrency that all who value the Rights and Liberties of Mankind ought to entertain for it nor to proclaim the Villany of those who shall by Addresses give thanks for the Proclamation There may a fourth thing be added whereby it will appear that his Majesty's assuming Absolute Power stands recorded in Capital Letters in his Declaration for liberty of Conscience For not being contented to omit the requiring the Oaths of Allegiance and Supremacy and the Test Oaths to be taken nor being satisfied to suspend for a season the enjoining any to be demanded to take them he tells us that it is his Royal will and pleasure that the aforesaid Oaths shall not at any time hereafter be required to be taken which is a full and direct Repealing of the Laws in which they are Enacted It hath hitherto passed for an undoubted Maxim that eorum est tollere quorum est condere they can only abrogate Laws who have Power and Authority to make them and we have heretofore been made believe that the Legislative power was not in the King alone but that the two Houses of Parliament had at least a share in it whereas here by the disabling and suspending Laws for ever the whole Legislative Power is challenged to be vested in the King and at one dash the Government of England is Subverted and changed Tho it hath been much disputed whether the King had a liberty of refusing to Assent to Bills relating to the benefit of the Publick that had passed the two Houses and if there be any sense in those words of the Coronation Oath of his being bound to Govern according to the Laws quas vulgus Elegerit he had not yet none till now that his Majesty doth it had the impudence to affirm that he might abrogate Laws without the concurrence and assent of the Lords and Commons For to say that Oaths enjoined by Laws to be required to be taken shall not at any time hereafter be required to be taken is a plain Cancelling and Repealing of these Laws or nothing of this World ever was or is nor can the wisdom of the Nation in Parliament Assembled find words more emphatical to declare their Abrogation without saying so which at this time it was necessary to forbear for fear of allarming the Kingdon too far before his Majesty be sufficiently provided against it For admitting them to continue still in being and force tho the King may promise for the non execution of them during his own time which is even a pretty bold undertaking yet he cannot assure us that the Oaths shall not be required to be taken at any time hereafter unless he have provided for an eternal Line of Popish Successors which God will not be so unmerciful as to plague us with or have gotten a Lease of a longer Life than Methusalah's which is much more than the full Century of years wished him in a late Dedication by one that stiles himself an Irishman a thing he might have forborn telling us because the Size
in open Arms or with Arms in their Houses or about their Persons or in any Office or Imployment Civil or Military upon any Pretence whatsoever contrary to the known Laws of the Land shall be treated by Us and our Forces not as Soldiers and Gentlemen but as Robbers Free-Booters and Banditti they shall be incapable of Quarter and intirely delivered up to the Discretion of our Soldiers And We do further declare that all Persons who shall be found any ways aiding and assisting to them or shall march under their Command or shall joyn with or submit to them in the Discharge or Execution of their Illegal Commissions or Authority shall be looked upon as Partakers of their Crimes Enemies to the Laws and to their Country And whereas we are certainly informed that great Numbers of armed Papists have of late resorted to London and Westminster and parts adjacent where they remain as we have reason to suspect not so much for their own Security as out of a wicked and barbarous Design to make some desperate Attempt upon the said Cities and their Inhabitants by Fire or a sudden Massacre or both or else to be the more ready to joyn themselves to a Body of French Troops designed if it be possible to land in England procured of the French King by the Interest and Power of the Jesuits in Pursuance of the Engagements which at the Instigation of that pestilent Society his most Christian Majesty with one of his Neighbouring Princes of the same Communion has entred into for the utter Extirpation of the Protestant Religion out of Europe Tho we hope we have taken such effectual care to prevent the one and secure the other that by God's Assistance we cannot doubt but we shall defeat all their wicked Enterprises and Designs We cannot however forbear out of the great and tender Concern We have to preserve the People of England and particularly those great and populous Cities from the cruel Rage and bloody Revenge of the Papists to Require and expect from all the Lord-Lieutenants Deputy-Lieutenants and Justices of the Peace Lord-Mayors Mayors Sheriffs and all other Magistrates and Officers Civil and Military of all Counties Cities and Towns of England especially of the County of Middlesex and Cities of London and Westminster and parts adjacent that they do immediately disarm and secure as by Law they may and ought within their respective Counties Cities and Jurisdictions all Papists whatsoever as Persons at all times but now especially most dangerous to the Peace and Safety of the Government that so not only all Power of doing mischief may be taken from them but that the Laws which are the greatest and best Security may resume their Force and be strictly Executed And We do hereby likewise Declare that We will Protect and Defend all those who shall not be afraid to do their Duty in Obedience to these Laws And that for those Magistrates and others of what condition soever they be who shall refuse to assist Us and in Obedience to the Laws to Execute vigorously what we have required of them and suffer themselves at this Juncture to be cajoled or terrified out of ther Duty We will esteem them the most Criminal and Infamous of all Men Betrayers of their Religion the Laws and their Native Country and shall not fail to treat them accordingly resolving to expect and require at their hands the Life of every single Protestant that shall perish and every House that shall be burnt or destroyed by their Treachery and Cowardise William Henry Prince of Orange Given under our Hand and Seal at our Head-quarters at Sherburn Castle the 28th day of November 1688. By his Highness special Command C. HUYGENS. The following Paper was Published by Mr. Samuel Johnson in the Year 1686. for which he was Sentenc'd by the Court of King's Bench Sir Edward Herbert being Lord Chief Justice to stand three times on the Pillory and to be whipp'd from Newgate to Tyburn Which barbarous Sentence was Executed An Humble and Hearty Address to all the English Protestants in this present Army Gentlemen NExt to the Duty which we owe to God which ought to be the principal Care of Men of your Profession especially because you carry your Lives in your Hands and often look Death in the Face The second Thing that deserves your Consideration is The service of your Native Country wherein you drew your first Breath and breathed a free English Air. Now I would desire you to consider how well you comply with these two main Points by engaging in this present Service Is it in the Name of God and for his Service that you have joyned your selves with Papists who will indeed fight for the Mass-book but burn the Bible and who seek to Extirpate the Protestant Religion with Your Swords because they cannot do it with their Own And will you be Aiding and Assisting to set up Mass-houses to Erect that Popish Kingdom of Darkness and Desolation amongst us and to train up all our Children in Popery How can you do these Things and yet call your selves Protestants And then what Service can be done your Country by being under the Command of French and Irish Papists and by bringing the Nation under a Foreign Yoke Will you help them to make forcible Entry into the Houses of your Country-men under the Name of Quartering directly contrary to Magna Charta and the Petition of Right Will you be Aiding and Assisting to all the Murders and Outrages which they shall commit by their void Commissions Which were declared Illegal and sufficiently blasted by both Houses of Parliament if there had been any need of it for it was very well known before That a Papist cannot have a Commission but by the Law is utterly Disabled and Disarmed Will you exchange your Birth-right of English Laws and Liberties for Martial or Club-law and help to destroy all others only to be eaten last your selves If I know you well as you are English Men you hate and scorn these Things And therefore be not unequally yoaked with Idolatrous and Bloody Papists Be Valiant for the Truth and shew your selves Men. The same Considerations are likewise humbly offered to all the English Seamen who have been the Bulwark of this Nation against Popery and Slavery ever since Eighty Eight Several Reasons for the Establishment of a standing Army and Dissolving the Militia By Mr. S. Johnson 1. BEcause the Lords Lieutenants Deputy Lieutenants and the whole Militia that is to say the Lords Gentlemen and Free-holders of England are not fit to be trusted with their own Laws Lives Liberties and Estates and therefore ought to have Guardians and Keepers assigned to them 2. Because Mercenary Soldiers who fight for twelve Pence a Day will fight better as having more to lose than either the Nobility or Gentry 3. Because there are no Irish Papists in the Militia who are certainly the best Soldiers in the World for they have slain Men Women and Children
and of which you have seen so fresh an instance that we need not put you in mind of it You know how many of your Fellow-Officers have been used for their standing firm to the Protestant Religion and to the Laws of England and you cannot flatter your selves so far as to expect to be better used if those who have broke their word so often should by your means be brought out of those Straits to which they are reduced at present We hope likewise that you will not suffer your selves to be abused by a false Notion of Honour but that you will in the first place consider what you owe to Almighty God and your Religion to your Country to your Selves and to your Posterity which you as Men of Honour ought to prefer to all private Considerations and Engagements whatsoever We do therefore expect that you will consider the Honour that is now set before you of being the Instruments of serving your Country and securing your Religion and We will ever remember the Service you shall do Us upon this Occasion and will promise unto you that We shall place such particular Marks of our Favour on every one of you as your Behaviour at this time shall deserve of Us and the Nation in which we will make a great Distinction of those that shall come seasonably to join their Arms with ours and you shall find us to be Your Well-wishing and Assured Friend W. H. P. O. Prince George 's Letter to the King SIR WITH a Heart full of Grief am I forced to Write what Prudence will not permit me to say to your Face And may I e'er find Credit with your Majesty and protection from Heaven as what I now do is free from Passion Vanity or Design with which Actions of this Nature are too often accompanied I am not ignorant of the frequent Mischiefs wrought in the World by factious pretences of Religion but were not Religion the most justifiable Cause it would not be made the most specious pretence And your Majesty has always shewn too uninterested a Sense of Religion to doubt the just Effects of it in one whose Practices have I hope never given the World cause to censure his real conviction of it or his backwardness to perform what his Honour and Conscience prompt him to How then can I longer disguise my just Concern for that Religion in which I have been so happily Educated which my Judgment throughly convinces me to be best and for the Support of which I am so highly interested in my Native Country And is not England now by the most endearing Tie become so Whilst the restless Spirits of the Enemies of the REFORMED RELIGION back'd by the cruel Zeal and prevailing Power of France justly alarm and unite all the Protestant Princes of Christendom and engage them in so vast an Expence for the support of it can I act so degenerous and mean a part as to deny my Concurrence to such worthy Endeavours for disabusing of your Majesty by the Reinforcement of those Laws and Establishment of that Government on which alone depends the well-being of your Majesty and of the PROTESTANT RELIGION in Europe This Sir is that irresistible and only Cause that cou'd come in Competition with my Duty and Obligations to your Majesty and be able to tear me from You whilst the same Affectionate Desire of serving You continues in me Could I secure your Person by the Hazard of my Life I should think it could not be better Employed And wou'd to God these Your distracted Kingdoms might yet receive that satisfactory Compliance from your Majesty in all their justifiable pretensions as might upon the only sure Foundation that of the Love and Interest of your Subjects establish your Government and as strongly Unite the Hearts of all your Subjects to You as is that of SIR Your Majesty's most Humble and most Obedient Son and Servant The Lord Churchill 's Letter to the King SIR SInce Men are seldom suspected of Sincerity when they act contrary to their Interests and though my dutiful Behaviour to your Majesty in the worst of Times for which I acknowledge my poor Services much over paid may not be sufficient to incline You to a charitable Interpretation of my Actions yet I hope the great Advantage I enjoy under Your Majesty which I can never expect in any other change of Government may reasonably convince Your Majesty and the World that I am acted by a higher Principle when I offer that violence to my inclination and interest as to desert Your Majesty at a time when your Affairs seem to challenge the strictest Obedience from all your Subjects much more from one who lies under the greatest personal Obligations imaginable to Your Majesty This Sir could proceed from nothing but the inviolable Dictates of my CONSCIENCE and a necessary concern for my RELIGION which no good man can oppose and with which I am instructed nothing ought to come in Competition Heaven knows with what partiality my dutiful Opinion of Your Majesty hath hitherto represented those unhappy Designs which inconsiderate and self-interested men have framed against Your Majesty's true Interest and the Protestant Religion But as I can no longer joyn with such to give a pretence by Conquest to bring them to effect so will I always with the hazard of my Life and Fortune so much your Majesty's due endeavour to preserve Your Royal Person and Lawful Rights with all the tender Concern and dutiful Respect that becomes SIR Your Majesty's most Dutiful and most Obliged Subject and Servant The Princess Ann of Denmark 's Letter to the Queen Madam I Beg your pardon if I am so deeply affected with the surprising News of the Princes being gon as not to be able to see You but to leave this Paper to Express my humble Duty to the King and your Self and to let You know that I am 〈◊〉 to absent my self to avoid the King's Displeasure which I am not able to bear â—ur ther against the Prince or my Self And I shall stay at so great a distance as not to return before I hear the happy News of a Reconcilement And as I am confident the Prince did not leave the King with any other design than to use all possible means for His Preservation so I hope You will do me the Justice to believe that I am uncapable of following Him for any other End Never was any one in such an unhappy Condition so divided between Duty and Affection to a Father and a Husband and therefore I know not what to do but to follow one to preserve the other I see the general falling off of the Nobility and Gentry who avow to have no other end than to prevail with the King to secure their Religion which they saw so much in danger by the Violent Counsels of the Priests who to promote their own Religion did not care to what dangers they exposed the King I am fully perswaded that the Prince of
heal all Breaches This Proposal seemed to dissatisfie the whole Meeting and the Duke of Hamilton their President Father to the Earl but they presently parted Wednesday the Ninth of January they met at three of the Clock in the same Room and Sir Patrick Hume took notice of the Proposal made by the Earl of Arran and desired to know if there was any there that would second it But none appearing to do it he said That what the Earl had proposed was evidently opposite and inimicous to his Highness the Prince of Orange's Undertaking his Declaration and the good Intentions of preserving the Protestant Religion and of Restoring their Laws and Liberties exprest in it and further desired that the Meeting should declare this to be their Opinion of it The Lord Cardross seconded Sir Patrick's Motion It was answered by the Duke of Hamilton President of the Meeting That their Business was to prepare an Advice to be offered to the Prince and the Advice being now ready to go to the Vote there was no need that the Meeting should give their Sense of the Earl's Proposal which neither before nor after Sir Patrick's Motion any had pretended to own or second so that it was fallen and out of doors and that the Vote of the Meeting upon the Advice brought in by their Order would sufficiently declare their Opinion This being seconded by the Earl of Sutherland the Lord Cardross and Sir Patrick did acquiesce in it and the Meeting Voted unanimously the Advice following To His Highness the Prince of Orange WE the Lords and Gentlemen of the Kingdom of Scotland Assembled at your Highness's desire in this Extraordinary Conjunction do give your Highness our Humble and Hearty Thanks for your Pious and Generous Undertaking for Preserving of the Protestant Religion and Restoring the Laws and Liberties of these Kingdoms In order to the Attaining these Ends our humble Advice and Desire is That your Highness take upon You the Administration of all Affairs both Civil and Military the Disposal of the Publick Revenues and Fortresses of the Kingdom of Scotland and the doing every Thing that is necessary for the Preservation of the Peace of the Kingdom until a general Meeting of the States of the Nation which we humbly desire your Highness to Call to be holden at Edinburgh the Fourteenth day of March next by your Letters or Proclamation to be published at the Market-Cross of Edingburgh and other Head-Boroughs of the several Shires and Stewartries as sufficient Intimation to All concerned and according to the Custom of the Kingdom And that the Publication of these your Letters or Proclamation be by the Sheriffs or Stewart Clerks for the Free-holders who have the value of Lands holden according to Law for making Elections and by the Town-Clerks of the several Burroughs for the meeting of the whole Burgesses of the respective Royal Burroughs to make their Elections at least Fifteen Days before the Meeting of the Estates at Edingburgh and the Respective Clerks to make Intimation thereof at least Ten Days before the Meetings for Elections And that the whole Electors and Members of the said Meeting at Edingburgh qualified as above Exprest be Protestants without any other Exception or Limitation whatsoever to Deliberate and Resolve what is to be done for securing the Protestant Religion and Restoring the Laws and Liberties of the Kingdom according to your Highness's Declaration Dated at the Council-Chamber in White hall the Tenth Day of January 1689. This Address being Subscribed by Thirty Lords and about Eighty Gentlemen was presented in their presence at St. James's by the Duke of Hamilton their President to his Highness the Prince of Orange who thanked them for the Trust they reposed in him and desired time to consider upon so weighty an Affair Upon the Fourteenth of January his Highness the Prince of Orange met again with the Scots Lords and Gentlemen at St. James's And spoke to them as follows My Lords and Gentlemen IN persuance of your Advice I will until the Meeting of the States in March next give such Orders concerning the Affairs of Scotland as are necessary for the Calling of the said Meeting for the preserving of the peace the applying of the publick Revenue to the most pressing Vses and putting the Fortresses in the Hands of persons in whom the Nation can have a just Confidence And I do further assure you That you will always find me ready to concur with you in every Thing that may be found necessary for Securing the Protestant Religion and Restoring the Laws and Liberties of the Nation The Earl of Crawfourd desired of his Highness That himself the Earl of Louthian and others come to Town since the Address was presented might have an opportunity to Subscribe it which was accordingly done His Highness Retired and all shewed great Satisfaction with his Answer The Emperor of Germany 's Account of K. James 's Misgovernment in joyning with the King of France the Common Enemy of Christendom in his Letter to King James viz. LEOPOLD c. WE have received your Majesties Letters dated from St. Germans the sixth of February last by the Earl of Carlingford your Envoy in our Court By them we have understood the Condition your Majesty is reduced to and that you being deserted after the Landing of the Prince of Orange by your Army and even by your Domestick Servants and by those you most consided in and almost by all your Subjects you have been forced by a sudden Flight to provide for your own Safety and to seek Shelter and Protection in France Lastly that you desire Assistance from us for the recovering your Kingdoms We do assure your Majesty that as soon as we heard of this severe turn of Affairs we were moved at it not only with the common sense of Humanity but with much deeper Impressions suitable to the sincere Affection which we have always born to you And we were heartily sorry that at last that was come to pass which tho we hoped for better things yet our own sad thoughts had suggested to us would ensue If your Majesty had rather given Credit to the Friendly Remonstrances that were made you by our late Envoy the Count de Kaunitz in our Name than the deceitful Insinuations of the French whose chief aim was by fomenting continual Divisions between you and your People to gain thereby an Opportunity to insult the more securely over the rest of Christendom And if your Majesty had put a stop by your Force and Authority to their many Infractions of the Peace of which by the Treaty at Nimegen you are made the Guarantee and to that end entred into Consultations with us and such others as have the like just Sentiments in this matter We are verily persuaded that by this means you should have in a great measure quieted the Minds of your People which were so much exasperated through their aversion to our Religion and the publick Peace had been preserved as well
3. By taking the Children of Protestant Noblemen and Gentlemen sending them abroad to be bred Papists making great Funds and Donations to Popish Schools and Colleges abroad bestowing Pensions on Priests and perverting Protestants from their Religion by Offers of Places Preferments and Pensions 4. By disarming Protestants while at the same time he employed Papists in the Places of greatest Trust Civil and Military such as Chancellor Secretaries Privy Councellors and Lords of Session thrusting out Protestants to make room for Papists and intrusting the Forts and Magazines of the Kingdom in their hands 5. By Imposing Oaths contrary to Law 6. By giving Gifts and Grants for exacting of Mony without Consent of Parliament or Convention of Estates 7. By Levying and keeping on foot a standing Army in time of Peace without consent of Parliament which Army did exact Locality free and day Quarters 8. By Employing the Officers of the Army as Judges through the Kingdom and imposing them where there were held Offices and Jurisdictions by whom many of the Leiges were put to Death summarily without legal Tryal Jury or Record 9. By imposing exorbitant Fines to the Value of the Parties Estates exacting extravagant Bail and disposing Fines and Forfaulture before any Process or Conviction 10. By Imprisoning Persons without expressing the Reason and delaying to put them to Tryal 11. By causing pursue and forfault several Persons upon stretches of old and obsolete Laws upon frivolous and weak pretences upon lame and defective Probations as particularly the late Earl of Argyle to the scandal and reproach of the Justice of the Nation 12. By Subverting the Right of the Royal Boroughs the Third Estate of Parliament imposing upon them not only Magistrates but also the whole Town Council and Clerks contrary to the Liberties and express Charters without the pretence either of Sentence Surrender or Consent So that the Commissioners to Parliaments being chosen by the Magistrates and Councils the King might in effect as well nominate that entire Estate of Parliament many of the said Magistrates put in by him were avowed Papists and the Burghs were forced to pay Mony for the Letters imposing these Illegal Magistrates and Council upon them 13. By sending Letters to the chief Courts of Justice not only ordering the Judges to stop and desist sine die to determine Causes but also ordering and commanding them how to proceed in Cases depending before them contrary to the express Laws And by changing the Nature of the Judges Gifts ad vitam aut culpam and giving them Commissions ad bene placitum to dispose them to compliance by Arbitrary Courses turning them out of their Offices when they did not comply 14. By granting Personal Protections for Civil Debts contrary to Law All which are utterly and directly contrary to the known Laws Freedoms and Statutes of this Realm Therefore the Estates of the Kingdom of Scotland find and declare That King James the Seventh being a profest papist did assume the Regal Power and acted as a King without ever taking the Oath required by Law and have by advice of Evil and Wicked Counsellors invaded the Fundamental Constitution of the Kingdom and altered it from a Legal limited Monarchy to an Arbitrary and Despotick Power and hath exercised the same to the subversion of the Protestant Religion and the violation of the Laws and Liberties of the Kingdom Inverting all the Ends of Government whereby he hath forfaulted the Right to the Crown and the Throne is become vacant And whereas his Royal Highness William then Prince of Orange now King of England whom it hath pleased the Almighty God to make the glorious Instrument of delivering these Kingdoms from Popery and Arbitrary Power did by advice of several Lords and Gentlemen of this Nation at London for the time call the Estates of this Kingdom to meet the Fourteenth of March last in order to such an Establishment as that their Religion Laws and Liberties might not be again in danger of being subverted And the said Estates being now assembled in a full and free Representative of this Nation taking to their most serious consideration the best means for attaining the Ends aforesaid Do in the first place as their Ancestors in the like cases have usually done for the vindicating and asserting their Ancient Rights and Liberties declare That by the Law of this Kingdom no Papist can be King or Queen of the Realm nor bear any Office whatsoever therein nor can any Protestant Successor exercise the Regal Power until he or she swear the Coronation Oath That all Proclamations asserting an Absolute Power to cass annul and disable Laws the erecting Schools and Colleges for Jesuits the inverting Protestant Chapels and Churches to publick Mass-houses and the allowing Mass to be said are contrary to Law That the allowing Popish Books to be printed and dispersed is contrary to Law That the taking the Children of Noblemen Gentlemen and others sending and keeping them abroad to be bred Papists The making Funds and Donations to Popish Schools and Colleges the bestowing Pensions on Priests and the perverting Protestants from their Religion by offers of Places Preferments and Pensions are contrary to Law That the disarming of Protestants and imploying Papists in the Places of greatest Trust both Civil and Military the thrusting out Protestants to make room for Papists and the entrusting Papists with the Forts and Magazines of the Kingdom are contrary to Law That the Imposing Oaths without Authority of Parliament is contrary to Law That the giving Gifts or Grants for raising of Mony without the Consent of Parliament or Convention of Estates is contrary to Law That the employing Officers of the Army as Judges through the Kingdom or imposing them where there were several Offices and Jurisdictions and the putting the Lieges to death summarily and without legal Tryal Jury or Record are contrary to Law That the imposing extraordinary Fines the exacting of exorbitant Bail and the disposing of Fines and Forfaultures before Sentence are contrary to Law That the Imprisoning Persons without expressing the reason thereof and delaying to put them to Tryal are contrary to Law That the causing pursue and forfault Persons upon Stretches of old and obsolete Laws upon frivolous and weak Pretences upon lame and defective Probation as particularly the late Earl of Argyle are contrary to Law That the nominating and imposing Magistrates Councils and Clerks upon Burghs contrary to the Liberties and express Charters is contrary to Law That the sending Letters to the Courts of Justice ordaining the Judges to stop or desist from determining Causes or ordaining them how to proceed in Causes depending before them and the changing the Nature of the Judges Gifts ad vitam aut culpam unto Commissions Durante bene placito are contrary to Law That the granting Personal Protections for Civil Debts is contrary to Law That the forcing the Lieges to depone against themselves in Capital Crimes however the Punishment be restricted is contrary to Law
Community 4. It will be some Acknowledgment to the Prince for what he has done for the Nation And it is worthy Observation that before the Theocracy of the Jews ceased the manner of the Divine Designation of their Judges was by God's giving the People some Deliverance by the hand of the Person to whose Government they ought to submit and this even in that time of extraordinary Revelations Thus Othniel Gideon Jephthah Sampson and others were invested by Heaven with the Supreme Authority And though Joshua had an immediate Command from God to succeed Moses and an Anointing to that purpose by the laying on of Moses's Hands Yet the Foundation of the People's Submission to him was laid in Jordan And I challenge the best Historians to give an Instance since that Theocracy ceased of a Designation of any Person to any Government more visibly Divine than that which we now admire If the Hand of Providence miraculously and timely disposing Natural Things in every Circumstance to the best advantage should have any influence upon Mens Minds most certainly we ought not here to be insensible If the Voice of the People be the Voice of God it never spoke louder If a Nation of various Opinions Interests and Factions from a turbulent and fluctuating State falls into a serene and quiet Calm and Mens Minds are strangely united on a sudden it shews from whence they are influenced In a word if the Hand of God is to be seen in Human Affairs and his Voice to be heard upon Earth we cannot any where since the ceasing of Miracles find a clearer and more remarkable Instance than is to be observ'd in the present Revolution If one examines the Posture of Foreign Affairs making way for the Prince's Expedition by some sudden Events and Occurrences which no Human Wisdom or Power could have brought about if one observes that Divine Influence which has directed all his Counsels and crown'd his Undertakings notwithstanding such innumerable Dangers and Difficulties with constant Honour and Success If one considers how happily and wonderfully both Persons and Things are changed in a little time and without Blood it looks like so many marks of God's Favour by which he thinks fit to point him out to us in this extraordinary Conjuncture I will trouble you but with one Consideration more which is That the two things most necessary in this Affair are Unanimity and Dispatch For without both these your Counsels will have little Effect In most things 't is good to be long in resolving but in some 't is fatal not to conclude immediately And presence of Mind is as great a Vertue as Rashness is a Vice For the turns of Fortune are sometimes so quick that if Advantage be not taken in the critical hour 't is for ever lost But I hope your Lordships and all those Gentlemen who compose this August Assembly will proceed with so much Zeal and Harmony that the Result of your present Consultations may be a lasting and grateful Monument to Posterity of your Integrity Courage and Conduct The Late Honourable Convention proved a Legal Parliament I. THE necessity of a Parliament agreed by the Lords and Commons Voting that the Throne is Vacant for there being a Vacancy there follows an immediate necessity of setling the Government especially the Writs being destroyed and the Great Seal carried away put a period to all publick Justice and then there must be a supply by such means as the necessity requires or a failure of Government II. Consider the Antecedents to the calling the Convention that is about three hundred of the Commons which is a majority of the fullest House that can be made above sixty Lords being a greater number than any part divided amounted to at this great Meeting the Lord Mayor Aldermen and Common Council of the City of London by application to His then Highness the Prince of Orange desired him to accept of the Administration of Publick Affairs Military and Civil which he was pleased to do to the great satisfaction of all good People and after that His Highness was desired to Issue forth his Circular Letters to the Lords and the like to the Coroners and in their absence to the Clerks of the Peace to Elect Knights Citizens and Burgesses this was more than was done in fifty nine for the calling a Parliament in April 1660. for there the Summons was not real but fictitious i. e. in the names of the Keepers of the Liberties of England a meer Notion set up as a Form there being no such Persons but a meer Ens rationis impossible really to exist so that here was much more done than in 1659 and all really done which was possible to be invented as the Affairs then stood Besides King Charles the 2d. had not abdicated the Kingdom but was willing to return and was at Breda whither they might have sent for Writs and in the mean time have kept their form of Keepers of the Liberties c. But in the present case there was no King in being nor any style or form of Government neither real or notional left so that in all these respects more was done before and at the calling of this Great Convention than for calling that Parliament for so I must call it yet that Parliament made several Acts in all thirty seven as appears by Keebles Statutes and several of them not confirmed I shall instance but in one but it is one which there was occasion to use in every County of England I mean the Act for Confirming and Restoring Ministers being the 17th of that Sessions all the Judges allowed of this as an Act of Parliament tho never confirmed which is a stronger case than that in question for there was only fictitious Summons here a real one III. That without the Consent of any Body of the People this at the Request of a Majority of the Lords more than half the number of the Commons duly chosen in King Ch. the 2d. time besides the great Body of the City of London being at least esteem'd a 5th part of the Kingdom yet after the King's Return he was so well satisfied with the calling of that Parliament that it was Enacted by the King Lords and Commons Assembled in Parliament that the Lords and Commons then Sitting at Westmiuster in the present Parliament were the two Houses of Parliament notwithstanding any want of the Kings Writs or Writ of Summons or any defect whatsoever and as if the King had been present at the beginning of the Parliament this I take to be a full Judgment in full Parliament of the case in question and much stronger than the present case is and this Parliament continued till the 29th of December next following and made in all thirty seven Acts as abovementioned The 13 Caroli 2. chap. 7. a full Parliament called by the Kings Writ recites the other of 12 Caroli 2. and that after his Majesties return they were continued till the 29th of December
and then dissolved and that several Acts passed this is the plain Judgment of another Parliament 1. Because it says they were continued which shews they had a real being capable of being continued for a Confirmation of a void Grant has no effect and Confirmation shews a Grant only voidable so the continuance there shewed it at most but voidable and when the King came and confirm'd it all was good 2. The dissolving it then shews they had a being for as ex nihilo nihil fit so super nihil nil operatur as out of nothing nothing can be made so upon nothing nothing can operate Again the King Lords and Commons make the great Corporation or Body of the Kingdom and the Commons are legally taken for the Free-holders Inst 4. p. 2. Now the Lords and Commons having Proclaimed the King the defect of this great Corporation is cured and all the Essential parts of this great Body Politique united and made compleat as plainly as when the Mayor of a Corporation dies and another is chosen the Corporation is again perfect and to say that which perfects the great Body Politique should in the same instant destroy it I mean the Parliament is to make contradictions true simul semel the perfection and destruction of this great Body at one instant and by the same Act. Then if necessity of Affairs was a forcible Argument in 1660 a time of great peace not only in England but throughout Europe and almost in all the World certainly 't is of a greater force now when England is scarce delivered from Popery and Slavery when Ireland has a mighty Army of Papists and that Kingdom in hazard of final destruction if not speedily prevented and when France has destroyed most of the Protestants there and threatens the ruine of the Low-Countries from whence God has sent the wonderful Assistance of our Gracious and therefore most Glorious King and England cannot promise safety from that Foreign Power when forty days delay which is the least can be for a new Parliament and considering we can never hope to have one more freely chosen because first it was so free from Court-influence or likelihood of all design that the Letters of Summons issued by him whom the great God in infinite Mercy raised to save us to the hazard of his Life and this done to protect the Protestant Religion and at a time when the people were all concerned for one Common interest of Religion and Liberty it would be vain when we have the best King and Queen the World affords a full house of Lords the most solemnly chosen Commons that ever were in the remembrance of any Man Living to spend Money and lose time I had almost said to despise Providence and take great pains to destroy our selves If any object Acts of Parliament mentioning Writs and Summons c. I answer the Prededent in 1660 is after all those Acts. In private cases as much as has been done in point of necessity a Bishop Provincial dies and sede vacant a Clerk is presented to a Benefice the Presentation to the Dean and Chapter is good in this case of Necessity and if in a Vacancy by the Death of a Bishop a Presentation shall be good to the Dean and Chapter rather than a prejudice should happen by the Church lying void Surely a fortiori Vacancy of the Throne may be supplied without the formality of a Writ and the great Convention turn'd to a Real Parliament A Summons in all points is of the same real force as a Writ for a Summons and a Writ differ no more than in name the thing is the same in all Substantial parts the Writ is Recorded in Chancery so are His Highnesses Letters the proper Officer Endorses the Return so he does here for the Coroner in defect of the Sheriff is the proper Officer the People Choose by Virtue of the Letters c. quae re concordant parum differunt they agree in Reality and then what difference is there between the one and the other Object A Writ must be in Actions at Common Law else all Pleading after will not make it good but Judgment given may be Reversed by a Writ of Error Answ The case differs first because Actions between party and party are Adversary Actions but Summons to Parliament are not so but are Mediums only to have â—n Election 2. In Actions at Law the Defendant may plead to the Writ but there is no plea to a Writ for electing Members to serve in Parliament and for this I have Littleton's Argument there never was such a Plea therefore none lies Object That they have not taken the Test Answ They may take the Test yet and then all which they do will be good for the Test being the distinguishing Mark of a Protestant from a Papist when that is taken the end of the Law is performed Object That the Oaths of Allegiance and Supremacy ought to be taken and that the new ones are not legal Answ The Convention being the Supream Power have abolish'd the old Oaths and have made new ones and as to the making new Oaths the like was done in Alfreds time when they chose him King vide Mirror of Justice Chap. 1. for the Heptarchy being turn'd to a Monarchy the precedent Oaths of the seven Kings could not be the same King Alfred swore Many Precedents may be cited where Laws have been made in Parliament without the King 's Writ to summon them which for brevity's sake I forbear to mention For a farewel the Objections quarrel at our Happiness fight against our Safety and aim at that which may indanger Destruction The Present Convention a Parliament I. THat the formality of the Kings Writ of Summons is not so essential to an English Parliament but that the Peers of the Realm and the Commons by their Representatives duly Elected may legally act as the great Council and representative Body of the Nation though not summoned by the King especially when the circumstances of the time are such that such Summons cannot be had will I hope appear by these following Observations First The Saxon Government was transplanted hither out of Germany where the meeting of the Saxons in such Assemblies was at certain fixed times viz. at the New and Full Moon But after their Transmigration hither Religion changing other things changed with it and the times for their publick Assemblies in conformity to the great Solemnities celebrated by Christians came to be changed to the Feasts of Easter Pentecost and the Nativity The lower we come down in Story the seldomer we find these General Assemblies to have been held and sometimes even very anciently when upon extraordinary occasions they met out of course a Precept an Edict or Sanction is mentioned to have Issued from the King But the Times and the very place of their ordinary Meeting having been certain and determined in the very first and eldest times that we meet with any mention of
found this following Paper which immediately either by himself or a Relation of his was delivered to Sir William Morrice one of his Majesties Principal Secretaries of State The Contents of the Paper are as follows A Warning to Protestants I Who have been a Papist from my Infancy till of late and in Zeal for their horrid Principles had too great a share in the Firing of the City and did intend to do further Mischief to the Protestants of which I am now and ever shall be a Member do upon Abhorrence of that Villany and Religion that hath moved me to it declare to all Protestants the Approach of their sudden Ruine that it may be prevented if it be not too late When I together with other Papists both French Irish and English fired the City others were imployed to Massacre the Protestants we thinking thereby to destroy the Heads of your Religion but the Massacre was disappointed by the Fear of him who was the chief Agent in this Villany And the Fire not having done all its Work they have often endeavoured to fire the remaining part They intend likewise to land the French upon you to whose Assistance they all intend to come and for that purpose are stored with Arms and have so far deceived the King that they have the Command of most part of the Army and the Sea-Ports The French intend to land at Dover that Garison being most Papists And the Papists in England have express Command from Rome to hasten their Business before the next Parliament and to dispatch Therefore as you love your Lives and Fortunes prevent your Ruine by disarming all the Papists in England especially C. L. from the Tower and the L. D. and all his Adherents and Souldiers from Dover and by disarming all Papists I have such an Abhorrence that I would willingly undergo any Punishment for it and declare my self openly were I not assured that I could do you more good in concealing my Name for the present Delay not from following these Directions as you love your Lives and be not deceived by any Pretences whatsoever An Impartial Account of some Informations taken before several Justices of the Peace concerning the several Fires happening of late in and near the City of London ABout the latter end of June and in July one Joseph Harrison came several times to the Greyhound-Inn in Holborn pretending to enquire for Letters for himself and about the beginning of July comes into the said Inn and meeting Mr. Atkins the Master of the said Inn He the said Harrison asked him for a Can of Beer whereupon Mr. Atkins ordered his Man to draw two Cans drinking one himself and giving the other to Harrison After which the said Harrison took Mr. Atkins by the Hand and lead him out of his own Yard into Holborn and by the Rails in the Street the said Harrison advised the said Atkins to put off his House and dispose of his Goods as soon as he could for within Three Weeks or a Month there would be great and dreadful Fires in and about London Mr. Atkins asked him How he knew so The said Harrison replied If you will not believe me you may chose and so left him One Monday July the 25th Mr. Atkins his Wife hearing of the Fire at the George-Inn in Southwark went to her Mother at the Talbot-Inn in Southwark the back-part of which said Inn is adjoyning to the George-Inn and was likewise on Fire and being there she espied the aforesaid Joseph Harrison in the Yard and remembring the aforesaid Advice to her Husband desired some Persons that were next her to lay hold on him which being done he was conveyed to a Foot-Company that stood in Arms near the said Inn judging that the nearest place to secure him After which Sir John Smith one of the Sheriffs of London was acquainted with the whole matter Upon which he with the L. C. went to the said Company and in the hearing of several gave Charge to the Captain of the said Company to keep him safe until they had time to examine him After the Fire was put out some went to enquire after the Prisoner and the Captain told them The L. C. had dicharged him The next Day being Tuesday a Person was informed that the said Harrison taught School in Thread-Needle Street and that he boasted of his Deliverance and said That the L. C. was pleased to honour him so far as to take him in his Barge with him to White-hall and bad him but be patient a while and he should have Satisfaction from the Persons that had troubled him But hearing where to find him Endeavours were used to retake him and accordingly was accomplished on Wednesday July 27. and had before the Worshipful Sir John Frederick who sent him to Bishopsgate and ordered him to be brought before the Lord Mayor and Court of Aldermen the next day to be examined Before whom were these following things proved against him upon Oath 1. THat he hath had frequent Correspondency with Jesuits and Papists 2. That he hath spoken to several of his Acquaintance to go with him to Popist Meetings declaring that he knew of many 3. That he hath been perswaded to turn Mendicant Fryer and hath been offered a Stipend to turn to the Romish Religion 4. That he knew there would be divers great and dreadful Fires in and about London within a Month. 5. That he advised Friends to rid their Hauds of all their Concerns in and about London for there would be a great Consumption of houses there 6. That when he was in the Custody of the Foot-Company aforesaid Mr. Atkins aforesaid affirming to swear the former Article he threatned him if he did it should cost him the best House he had 7. That he said there were forty thousand French Papists lately come over to his Knowledge besides many that were amongst us already 8. The Lord Mayor asking him Who perswaded him to turn Catholick He answered The King's Under-Barber Phillips After which he told the Court That when he was apprehended for these things my L. C. discharged him and took him with him in his Barge to White-hall He further told the Court That he was some time an Assistant to Mr. Lovejoy Schoolmaster at Canterbury and that he had Letters Testimonial of his good Behaviour from the Dean of Canterbury Upon which my Lord Mayor remembring that he had seen him with Mr. Lovejoy and said that Mr. Lovejoy told him That he was an idle Rogue And so he was committed to Newgate On Saturday the 30th of July it was further deposed upon Oath by Thomas Roe before Sir John Frederick as follows The Information of Thomas Roe of Bernard-Inn Gent. taken the 3th of July 1670. by Sir John Frederick Alderman one of His Majesties Justices of Peace in the City of London upon Oath as followeth THomas Roe saith that he hath for at least twelve or thirteen Years last past been acquainted with one Joseph Harrison who was
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
time acquaint his Highness with what we have further done at that Meeting Dated at Guild-hall the 11th of December 1688. A Paper delivered to his Highness the Prince of Orange by the Commissioners sent by his Majesty to treat with him And his Highness's Answer WHereas on the 8th of December 1688. at Hungerford a Paper signed by the Marquess of Hallifax the Earl of Nottingham and the Lord Godolphin Commissioners sent unto us from His Majesty was delivered to Us in these Word following viz. Sir THE King commanded us to acquaint You That he observeth all the Differences and Causes of Complaint alledged by Your Highness seem to be referred to a Free Parliament His Majesty as He hath already declared was resolved before this to call one but thought that in the present State of Affairs it was advisable to defer it till things were more compos'd Yet seeing that His People still continue to desire it He hath put forth His Proclamation in order to it and hath issued forth His Writs for the calling of it And to prevent any Cause of Interruption in it He will consent to every thing that can be reasonably required for the Security of all those that shall come to it His Majesty hath therefore sent Us to attend Your Highness for the adjusting of all Matters that shall be agreed to be necessary to the Freedom of Elections and the Security of Sitting and is ready immediately to enter into a Treaty in Order to it His Majesty proposeth that in the mean time the respective Armies may be restrained within such Limits and at such a Distance from London as may prevent the Apprehensions that the Parliament may in any kind be disturbed being desirous that the Meeting of it may be no longer delay'd than it must be by the usual and necessary Forms Hungerford Dec. 8. 88. Signed Hallifax Nottingham Godolphin We with the Advice of the Lords and Gentlemen assembled with Vs have in Answer to the same made these following Proposals I. THAT all Papists and such Persons as are not qualified by Law be Disarmed Disbanded and Removed from all Employments Civil and Military II. That all Proclamations which Reflect upon Us or any that have come to Us or declared for Us be recalled and that if any Persons for having so assisted have been committed that they be forthwith set at Liberty III. That for the Security and Safety of the City of London the Custody and Government of the Tower be immediately put into the Hands of the said City IV. That if His Majesty shall think fit to be at London during the Sitting of the Parliament that We may be there also with equal Number of our Guards Or if his Majesty shall please to be in any place from London at what-ever distance he thinks fit that We may be at a place of the same distance And that the respective Armies do remove from London Thirty Miles and that no more Foreign Forces be brought into the Kingdom V. That for the Security of the City of London and their Trade Tilbury Fort be put into the Hands of the said City VI. That to prevent the Landing of French or other Foreign Troops Portsmouth may be put into such Hands as by Your Majesty and Us shall be agreed upon VII That some sufficient part of the Publick Revenue be Assigned Us for the Maintaining of our Forces until the Meeting of a Free Parliament Given at Littlecott the Ninth of December 1688. W. H. Prince of Orange The Speech of the Recorder of Bristol to his Highness the Prince of Orange Monday January the 7th 1688. The Mayor Recorder Aldermen and Commons of the Principal Citizens of the City of Bristol waited upon the Prince of Orange being introduced by his Grace the Duke of Ormond their High-Steward and the Earl of Shrewsbury Where the Recorder spake to this Effect May it please your Highness THE Restitution of our Religion Laws and Liberties and the Freeing us from that Thraldom which hath rendred us for many Years useless and at last dangerous to the Common Interest of the Protestant World by your Highness's singular Wisdom Courage and Conduct are not only a Stupendious Evidence of the Divine Favour and Providence for our Preservation but will be and ought to be an Everlasting Monument of your Highness's Magnanimity and other the Heroick Vertues which Adorn your great Soul by whom such a Revolution is wrought in this Nation as is become the Joy and Comfort of the Present and will be the Wonder of all Succeeding Ages In the Contrivance and Preparation of which great Work your Highness like the Heavens did shed your propitious Influences upon us whilst we slept and had scarce any prospect from whence we might expect our Redemption But as since your happy Arrival in England we did among the first Associate our selves to assist and promote your Highness's most glorious Design with our Lives and Fortunes so we now think our selves bound in the highest Obligation of Gratitude most humbly to present to your Highness our humble and hearty Thanks for this our Deliverance from Popery and Arbitrary Power and likewise for declaring your gracious Intentions That by the Advice of the Estates of this Kingdom you will rectifie the late Disorders in the Government both Ecclesiastical and Civil according to the known Laws The due and inviolable Observation of which will in our poor Opinion be the only proper Means to render the Soveraign Secure and both Soveraign and Subject happy To which his Highness returned a most Gracious Answer By the Commissioners of Lieutenancy for the said City Guild-hall London December the 11th 1688. Ordered THat Sir Robert Clayton Kt. Sir William Russel Kt. Sir Basil Firebrass Kt. and Charles Duncomb Esq be a Committee from the said Lieutenancy to Attend his Royal Highness the Prince of Orange and present to his Highness the Address agreed by the Lieutenancy for that purpose And that they begin their Journey to Morrow Morning By the Commissioners Command Geo. Evans Cl. Lieu. London To His Highness the Prince of Orange The Humble Address of the Lieutenancy of the City of London May it please Your Highness WE can never sufficiently express the deep Sense we have conceived and shall ever retain in our Hearts That Your Highness has exposed Your Person to so many Dangers both by Sea and Land for the Preservation of the Protestant Religion and the Laws and Liberties of this Kingdom without which unparallel'd Undertaking we must probably have suffered all the Miseries that Popery and Slavery could have brought upon us We have been greatly concerned that before this time we have not had any seasonable Opportunity to give Your Highness and the World a real Testimony that it has been our firm Resolution to venture all that is Dear to Us to attain those glorious Ends which Your Highness has proposed for restoring and settling these Distracted Nations We therefore now unanimously present to Your Highness