out of the Hands of the Possessor than purely those of his own Conscience which is worthy Mr. Considerer's highest Consideration I shall only take notice of one Objection more and then conclude fearing I have too much trespass'd on your Patience already It 's very hard says he that a man should lose his Inheritance because he is of this or that Perswasion in Matters of Religion And truly Gentlemen were the Case only so I should be intirely of his mind But alass Popery whatever Mr. Considerer is pleas'd to insinuate in not an harmless innocent Perswasion of a Number of Men differing from others in matters relating to Christian Religion but is really and truly a different Religion from Christianity it self Nor is the Inheritance he there mentions an Inheritance only of Black-Acre and White Acre without any Office annexed which requires him to be par Officio But the Government and Protection of several Nations the Making War and Peace for them the Preservation of their Religion the Disposal of Publick Places and Revenues the Execution of all Laws together with many other things of the greatest Importance are in this Case claimed by the Word Inheritance which if you consider and at the same time reflect upon the Enslaving and Bloody Tenents of the Church of Rome more particularly the Hellish and Damnable Conspiracy those of that Communion are now carrying on against our Lives our Religion and our Government I am confident you will think it as proper for a Wolf to be a Shepherd as it is for a Papist to be the Defender of our Faith c. The Old Gentleman had no sooner ended his Discourse but I returned him my hearty Thanks for the Trouble he had been pleased to give himself on this Occasion and I could not but acknowledge he had given me great Satisfaction in that Affair what it will give thee Charles I know not I am sure I parted from him very Melancholy for having been a Fool so long Adieu I am thy Affectionate I. D. A Collection of Speeches IN THE House of Commons In the Year 1680. The Lord L. Speech My Lords MAny have been the Designs of the Papists to subvert this poor Nation from the Protestant Religion to that of the See of Rome and that by all the undermining Policies possibly could be invented during the Recess of Parliament even to the casting the Odium of their most Damnable Designs on the Innocency of his Majesties most Loyal Subjects We have already had a taste of their Plottings in Ireland and find how many unaccountable Irish Papists dally arrive which we have now under Consideration My Lord Dunbarton a great Romanist has Petitioned for his stay here alledging several Reasons therein which in my Opinion make all for his speedy Departure for I can never think his Majesty and this Kingdom sufficiently secure till we are rid of those Irish Cattel and all others besides for I durst be bold to say that whatsoever they may pretend there is not one of them but have a destructive Tenet only they want Power not Will to put it in force I would not have so much as a Popish Man nor a Popish Woman to remain here nor so much as a Popish Dog or a Popish Bitch no not so much as a Popish Cat that should pur or mew about the King We are in a Labyrinth of Evils and must carefully endeavour to get out of them and the greatest danger of all amongst us are our conniving Protestants who notwithstanding the many Evidences of the Plot have been industrious to revile the Kings Witnesses and such an one is R L'E who now disappears being one of the greatest Villains upon the Earth a Rogue beyond my Skill to delineate has been the Bugbear to the Protestant Religion and traduced the King and Kingdoms Evidences by his notorious scribling Writings and hath endeavoured as much as in him lay to eclipse the Glory of the English Nation he is a dangerous rank Papist proved by good and substantial Evidence for which since he has walked under another disguise he deserves of all Men to be hanged and I believe I shall live to see that to be his State He has scandalized several of the Nobility and detracted from the Rights of his Majesty's great Council the Parliament and is now fled from Justice by which he confesses the Charge against him and that shows him to be guilty My humble Motion is that this House Address to his Majesty to put him out of the Commission of Peace and all other Publick Employments for ever Speeches in the Honourable House of Commons Mr. Speaker IN the Front of Magna Charta it is said Nulli negabimus nulli differimus Justitiam we will defer or deny Justice to no Man to this the King is Sworn and with this the Judges are intrusted by their Oaths I admire what they can say for themselves if they have not read this Law they are not fit to sit upon the Bench and if they have I had almost said they deserve to lose their Heads Mr. Speaker The State of the poor Nation is to be deplored that in almost all ages the Judges who ought to be Preservers of the Laws have endeavoured to destroy them and that to please a Court-Faction they have by Treachery attempted to break the Bonds asunder of Magna Charta the great Treasury of our Peace it was no sooner passed but a Chief Justice in that day perswades the King he was not bound by it because he was under Age when it was passed But this sort of Insolence the next Parliament resented to the ruine of the pernicious Chief Justice In the time of Richard the Second an unthinking dissolute Prince there were Judges that did insinuate into the King that the Parliament were only his Creatures and depended on his Will and not on the Fundamental Constitutions of the Land which Treacherous Advice proved the Ruine of the King and for which all those evil Instruments were brought to Justice In his late Majesties Time his Misfortunes were occasioned chiesly by the Corruptions of the Long Robe his Judges by an Extrajudicial Opinion give the King Power to raise Money upon an extraordinary Occasion without Parliament and made the King Judge of such Occasions Charity prompts me to think they thought this a Service to the King but the sad Consequences of it may convince all Mankind that every illegal Act weakens the Royal Interest and to endeavour to introduce Absolute Dominion in these Realms is the worst of Treasons because whilst it bears the Face of Friendship to the King and Designs to be for his Service it never fails of the contrary effect The two great Pillars of the Government are Parliaments and Juries it is this gives us the Title of Free-born English-men for my Notion of Free-English-men is this that they are ruled by Laws of their own making and tried by Men of the same Condition with themselves The Two great
With several other Informations concerning other Fires in Southwark Fetter-Lane and elsewhere 27 5. Votes and Addresses of the Honourable House of Commons assembled in Parliament made 1673. concerning Popery and other Grievances 49 6. A Letter from a Parliament-man to his Friend concerning the Proceedings of the House of Commons this last Session begun the 13th of October 1675. 53 7. A Speech made by Sir William Scroggs one of His Majesty's Serjeants at Law to the Right Honourable the Lord Chancellor of England at his admission to the Place of one of His Majesty's Justices of the Court of Common-Pleas 56 8. A Discourse upon the Designs Practises and Councels of France 59 9. An Answer to a Letter written by a Member of Parliament in the Countrey upon the Occasion of his reading of the Gazette of the 11th of December 1679. wherein is the Proclamation for further proroguing the Parliament till the 11th of November next ensuing 67 10. The Right Honourable the Earl of Shaftsbury's Speech in the House of Lords March 25. 1679. 71 11. The Instrument or Writing of Association that the true Protestants of England entred into in the Reign of Queen Elizabeth 73 12. The Act of Parliament of the 27th of Queen Elizabeth in Confirmation of the same 74 13. A Word without doors concerning the Bill for Succession 76 14. A Collection of Speeches in the House of Commons in the Year 1680. 81 15. A Copy of the Duke of York's Bill 91 16. Some particular Matters of Fact relating to the Administration of Affairs in Scotland under the Duke of Lauderdale 93 17. The Impeachment of the Duke and Dutchess of Lauderdale with their Brother the Lord Hatton presented to his Majesty by the City of Edenburgh The matters of fact particularly relating to the Town of Edenburgh humbly offered for His Majesty's information 96 18. His Majesty's Declaration for the dissolving of His late Privy Council and for constituting a New One made in the Council-Chamber at White-hall April 20. 1679. 99 19. The Mâ—ssage from the King by Mr. Secretary Jenkins to the Commons on the 9th of November 1680. 102 20. The Address to His Majesty from the Commons on Saturday the 13th of November 1680. Ibid. 21. The Address of the Commons in Parliament to His Majesty to remove Sir George Jeffreys out of all publick Offices 103 22. His Majesty's Message to the Commons in Parliament relating to Tangier 104 23. The Humble Address of the Commons assembled in Parliament presented to His Majesty on Monday the 29th of November 1680. in answer to that Message ibid. 24. The Humble Address of the House of Commons presented to His Majesty on Tuesday the 21st of December 1680. in answer to His Majesty's Gracious Speech to both Houses of Parliament upon the 15th day of the same December 107 25. The Report of the Committee of the Commons appointed to examine the Proceedings of the Judges c. 109 26. The Report from the Committee of the Commons in Parliament appointed by the Honourable House of Commons to consider of the Petition of Richard Thompson of Bristol Clerk and to examine Complaints against him And the Resolution of the Commons in Parliament upon this Report for his Impeachment for High Crimes and Misdemeanors on Friday the 24th of December 1680. 116 27. Articles of Impeachment of Sir William Scroggs Chief Justice of the Court of King's Bench by the Commons in Parliament assembled in their own Name and in the name of all the Commons of England of High Treason and other great Crimes and Misdemeanors 119 28. The Humble Petition of the Right Honourable the Lord Mayor Aldermen and Commons of the City of London in Common Council assembled on the 13th of January 1680. to the King 's Most Excellent Majesty for the sitting of the Parliament prorogued to the 20th then instant together with the Resolutions Orders and Debates of the said Court 122 29. Vox Patriae Or the Resentments and Indignation of the Free-born Subjects of England against Popery Arbitrary Government the Duke of York or any Popish Successor being a true Collection of the Petitions and Addresses lately made from divers Counties Cities and Burroughs of this Realm to their Respective Representatives chosen to serve in the Parliament held at Oxford March 21 1680. 125 30. The Speech of the Honourable Henry Booth Esq at Chester the 2d of March 1680 1 〈◊〉 his being elected One of the Knights of the Shire for that County to serve in the Parliament summon'd to meet at Oxford the 21st of the said Month. 147 31. An Account of the Proceedings at the Sessions for the City of Westminster against Thomas Whitfield Scrievener John Smallbones Woodmonger and William Laud Painter for tearing a Petition prepared to be presented to the King for the sitting of the Parliament with an Account of the said Petition presented on the then 13th Instant and His Majesty's Gracious Answer 150. 32. The Judgment and Decree of the Vniversity of Oxford passed in their Convocation July 21 1683. against certain pernicious Books and damnable Doctrines destructive to the Sacred Persons of Princes Their State and Government and of all Humane Society 153 32. The Case of the Earl of Argyle Or an Exact and Full Account of his Tryal Escape and Sentence As likewise a Relation of several Matters of Fact for better clearing of the said Case 151 33. Murther will out Or The King's Letter justifying the Marquess of Antrim and declaring that what he did in the Irish Rebellion was by direction from His Royal Father and Mother and for the Service of the Crown 217 34. Vox Populi Or The Peoples claim to their Parliaments sitting to redress Grievances and to provide for the Common safety by the known Laws and Constitution of the Nation 219 35. The Security of English-mens Lives Or The Trust Power and Duty of the Grand Juries of England explained according to the Fundamentals of the English Government and the Declarations of the same made in Parliament by many Statutes 225 36. The Speech and Carriage of Stephen Colledge before the Castle at Oxford on Wednesday Aug. 31. 1681. taken exactly from his Mouth at the place of Execution 255 37. The Speech of the late Lord Russell to the Sheriffs together with the Paper delivered by him to them at the place of Execution July 21. 1683. 262 38. To the King 's Most Excellent Majesty the Humble Petition of Algernoon Sidney Esq 266 39. The very Copy of a Paper delivered to the Sheriffs upon the Scaffold on Friday Dec. 7. 1683. by Algernoon Sidney Esq before his Execution there 267 40. Of Magistracy 269. Of Prerogatives by Divine Right 270. Of Obedience 271. Of Laws 272. By Mr. Samuel Johnson 41. Copies of two Papers written by the late King Charles II. published by His Majesty's Command Printed in the Year 1686. 273. 42. A Letter containing some Remarks on the Two Papers writ by His late Majesty King Charles II. concerning Religion 274
houses in Holborn at the same time That he was at the Fire in the Temple but was not engaged to do any thing in it And said that Gyfford told him that there were English French and Irish Roman Catholicks enough in London to make a very good Army and that the King of France was coming with 60000 Men under pretence to shew the Dauphin his Dominions but it was to lay his Men at Deep Bulloign Callis and Dunkirk to be in an hours Warning to be Landed in England and he doubted not but it would be by the middle of June and by that time all the Catholicks here will be in readiness all were to rise in order to bring him in That the Papists here were to be distinguished by Marks in their Hatts that the said Father Gyfford doubted not but he should be an Abbot or a Bishop when the work was over for the good service he hath done That at their Meeting Father Gyfford used to tell them it was no more sin to kill a Heretick then a Dog and that they did God good Service in doing what Mischiefs they could by firing their houses That it was well Sir Edmondbury Godfrey was Murdered for he was their Devilish Enemy That Coleman was a Saint in Heaven for what he had done And saith he is fearful he shall be Murthered for this Confession Father Gyfford having sworn him to Secresie and told him he should be Damned if he made any Discovery and should be sure to be killed and that he should take the Oaths because he was a House-keeper and that it was no sin And saith That Gyfford and Roger _____ told him when their Forces meet about the middle of June then have at the VOTES and ADDRESSES Of the Honourable House of Commons ASSEMBLED IN PARLIAMENT Made this present Year 1673 Concerning Popery and other Grievances March 29. 1673. The Parliaments Address to his Majesty for the Removal of Grievances in England and Ireland WE your Majesties most Loyal Subjects the Commons in this present Parliament assembled conceiving our selves bound in necessary Duty to your Majesty and in Discharge of the Trust reposed in us truly to inform your Majesty of the Estate of your Kingdom And though we are abundantly satisfied that it hath been your Royal Will and Pleasure that your Subjects should be governed according to the Laws and Customs of this Realm yet finding that contrary to your Majesties gracious Intention some Grievances and Abuses are crept in We crave Leave humbly to represent them to your Majesties Knowledge and Desire 1. That the Imposition of 12 d. per Chaldron upon Coals for the providing of Convoys by Vertue of an Order from Council dated the 15th of May 1672 may be recalled and all Bonds taken by Virtue thereof cancelled 2. That your Majesties Proclamation of the 24th of December 1672 for preventing of Disorders which may be committed by Soldiers and whereby the Soldiers now in your Majesties Service are in a manner exempted from the ordinary Course of Justice may likewise be recalled 3. And whereas great Complaints have been made out of several parts of this Kingdom of divers Abuses committed in Quartering of Soldiers That your Majesty would be pleased to give Order to redress those Abuses and in particular that no Soldiers be hereafter Quartered in any private Houses and that due Satisfaction may be given to the Inn-keepers or Victuallers where they lye before they remove 4. And since the continuance of Soldiers in this Nation will necessarily produce many Inconveniences to your Majesties Subjects We do humbly present it as our Petition and Advice That when this present War is ended all your Souldiers which have been raised since the last Session of Parliament may be Disbanded 5. That your Majesty would be likewise pleased to consider of the Irregularities and Abuses in pressing Soldiers and to give Order for the Prevention thereof for the future 6. And although it hath been the Course of former Parliaments to desire Redress in their Grievances before they proceeded to give a Supply yet we have so full Assurance of your Majesties Tenderness and Compassion towards your People that we humbly prostrate our selves at your Majesties feet with these our Petitions desiring your Majesty to take them into your Princely Consideration and to give such Orders for the Relief of your Subjects and the Removing these Pressures as shall seem lest to your Roâ—al Wisdâ—m Address touching Ireland WE your Majesties most Loyal Subjects the Commons in this present Parliament assembled taking into Consideration the great Calamities which have formerly befallen your Majesties Subjects of the Kingdom of Ireland from the Popish Recusants there who for the most part are profest Enemies to the Protestant Religion and the English Interest and how they make use of your Majesties gracious Disposition and Clemency are at this time grown more insolent and presumptuous than formerly to the apparent Danger of that Kingdom and your Majesties Protestant Subjects there the Consequence whereof may likewise prove very fatal to this your Majesties Kingdom of England if not timely prevented And having seriously weighed what Remedies may be most properly applied to those growing Distempers do in all Humility present your Majesty with these our Petitions 1. That for the Establishment and Quieting the Possessions of your Majesties Subjects in that Kingdom your Majesty would be pleased to maintain the Act of Settlement and Explanatory Act thereupon and to recall the Commission of Enquiry into Irish Affairs bearing Date the 17th of January last as containing many new and extraordinary Powers not only to the Frejudice of particular Persons whose Estates and Titles are thereby made liable to be questioned but in a manner to the Overthrow of the Acts of Settlement And if pursâ—â—d may be the Occasion of great Charge and Attendance to many of your Subjects in Ireland and shake the Peace and Security of the whole 2. That your Majesty would give Order that no Papist be either continued or hereafter admitted to be Judges Justices of the Peace Sheriffs Coroners or Mayors Sovereigns or Portrieves in that Kingdom 3. That the Titular Popish Archbishops Bishops Vicars-General Ablâ—â—s and all other exercising Ecclesiastical Jurisdiction by the Popes Authority and in particular Peter Talbot pretended Archbishop of Dublin for his notorious Disloyalty to your Majesty and Disobedience and Contempt of your Laws may be commanded by Proclamation forthwith to depart out of Ireland and all other your Majesties Dominions or otherwise to be prosecuted according to Law And that all Convents Seminaties and Publick Popish Scholes may be dissolved and suppressed and the Secular Priests commanded to depart under the Penalty 4 That no Irish Papist be admitted to inhabit in any part of that Kingdom unless duly licensed according to the aforesaid Acts of Settlemenâ— and that your Majesty would be pleased to recall your Letters of the 26th of February 1671. And the Proclamation thereupon whereby general Licence is
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
the eighteen Months Assessment granted by a late Act of Parliamert Intituled An Act for raising the Sum of Twelve hundred thirty eight thousand and seven hundred and fifty Pounds for the Supply of his Majesties present Occasions be expended Except it shall appear that the Obstinacy of the Dutch shall render it necessary Nor before this Kingdom be effectually Secured from Popery and Popish Counsels and the other present Grievances be 〈◊〉 And An Address ordered to be presented to His Majesty for a Fast to be observed throughout the Nation and a Committee appointed for that purpose A further Address to be presented to his Majesty concerning the Marriage of the Duke of York with the Dutchess of Modena And the Privy Counsellors of this House to attend His Majesty to know His Pleasure when he will be attended therewith And they Adjourned till to Morrow in the Afternoon November 3. 1673. A Report from the Committee appointed for that purpose was made for an Address to be presented to His Majesty to appoint a General Fast to be observed throughout the Nation and the Concurrence of the Lords to be desired thereto The standing-Army voted a Grievance A Committee appointed to prepare an Address to be presented to his Majesty to shew how this Standing-Army is a Grievance and then adjourned till Three of the Clock in the Afternoon Mr. Speaker and the House went to attend His Majesty at Whitehall with the Address who returning Mr. Speaker reports That it was a Matter he would take into his present Consideration and would return speedily an Answer And then the House Adjourned till to Morrow Morning eight of the Clock November 4. 1673. The House of Commons having Ordered an Address to be made to his Majesty shewing that the Standing-Army was a Grievance and a Burden to the Nation and did intend that Day to wait on his Majesty to present it But his Majesty was in his Robes in the House of Peers and the Lords hastning to him the Black-Rod being sent to the commons-Commons-House to Command the Speaker and the Commons to come to his Majesty to the House of Peers but it so happened that the Speaker and the Black-Rod met both at the Commons-House door the Speaker being within the House the Door was commanded to be shut and they cried to the Chair others said the Black-Rod was at the Door to command them to wait on the King to the House of Peers but the Speaker was hurried to the Chair Then was moved 1. That our Alliance with France was a Grievance 2. That the evil Counsel about the King was a Grievance to this Nation 3. That the Lord Lauderdale was a Person that was a Grievance to this Nation and not fit to be intrusted or imployed in any Office or Place of Trust but to be removed Whereupon they cried To the Question But the Black-Rod knocking very earnestly at the Door the Speaker rose out of the Chair and went away in a Confusion A LETTER FROM A PARLIAMENT-MAN to his FRIEND Concerning the Proceedings of the House of Commons This last Session begun the 13 of October 1675. SIR I See you are greatly Scandalized at our slow and confused Proceedings I confess you have cause enough but were you but within these Walls for one half Day and saw the strange Make and Complexion that this House is of you would wonder as much that ever you wondred at it For we are such a pied Parliament that none can say of what Colour we are for we consist of old Cavaliers old Round-heads Indigent Courtiers and true Country Gentlemen the two latter are most numerous and would in probability bring things to some Issue were they not clogged with the humorous uncertainties of the former For the old Cavalier grown Aged and almost past his Vice is damnable Godly and makes his doating Piety more a Plague to the World then his youthful Debauchery was For he is so much a Byggot to the Bishops that he forces his Loyalty to strike Sail to his Religion and could be content to pare the Nails a little of the Civil Government so you would but let him sharpen the Ecclesiastical Tallons which behaviour of his so exasperates the Round-head that he on the other hand cares not what Increases the Interest of the Crown receives so he can but diminish that of the Miter so that the Round-head had rather enslave the Man than the Conscience The Cavalier rather the Conscience than the Man there being a sufficient stock of Animosity as proper matter to work upon Upon these therefore the Courtier mutually plays For if any Anticourt motion be made he gains the Rounhead either to oppose or absent by telling them If they will joyn him now he will joyn with them for Liberty of Conscience And when any Affair is started on the behalf of the Country he assures the Cavaliers If they will then stand by him he will then joyn with them in promoting a Bill against the Fanaticks Thus play they on both hands that no Motion of a publick nature is made but they win upon the one or other of them and by this Art gain a Majority against the Country Gentlemen which otherwise they would never have Wherefore it were happy that we had neither Roundhead nor Cavalier in the House for they are each of them so Prejudicate one against the other that their sitting here signifies nothing but their Fostering their old Venome and lying at Catch to snap every Advantage to bear down each other though it be in the Destruction of their Country For if the Round-heads bring in a good Bill the old Cavalier opposes it for no other reason but because they brought it So that as the poor English Silk-weavers are feign to hire a French-man to sell their Ribbons So are the Round-heads a Cavalier to move for those Bills they desire should pass which so sowers the Round-head that he revenges that Carriage upon any Bill the Cavalier offers and the Rage and the Passion of the one and other are so powerful that it blinds them both that neither perceives the Advantage they give the Courtier to abuse both them and their Country too so that if either of them do any Good it is only out of pure Envy against the other Thus you see how we are yoked and seeing this you may cease your Admiration that we offer at all and do just nothing Nor is this Division alone of the House all we have to lament for Death that common Cure does now every Day lessen this evil but that which is more our Misery is that those Gentlemen who are truly for the Good of their Country will not be perswaded to stand upon the sure Basis of Rational Principles like Workmen too presumptive of their Judgments that will not build by Rule but rather affect the most loose Standing on the Sandy Foundation of Heat and Humour By reason of which they often do as much Harm as Good and yet
be grantable against the Commissioners upon the Statute of 2 H. 5. if they do not deliver the Copy of the Libel to the Party Whereto they all answered That that Statute is intended where the Ecclesiastical Judge proceeds ex Officio ore tenus Thirdly Whether it were an Offence punishable and what Punishment they deserved who framed Petitions and collected a multitude of hands thereto to prefer to the King in a publick cause as the Puritans had done with an intimation to the King That if he denied their Sute many thousands of his Subjects would be discontented Whereto all the Justices answered That it was an Offence finable at Discretion and very near to Treason and Felony in the Punishment For they tended to the raising of Sedition Rebellion and Discontent among the People To which Resolution all the Lords agreed And then many of the Lords declared That some of the Puritans had raised a false Rumor of the King how he intended to grant a Toleration to Papists Which Offence the Justices conceived to be heinously finable by the Rules of the Common Law either in the Kings Bench or by the King and his Councel or now since the Statute of 3 H. 7. in the Star-Chamber And the Lords severally declared how the King was discontented with the said false Rumor and had made but the Day before a Protestation unto them that he never intended it and that he would spend the last drop of Bloud in his Body before he would do it and prayed that before any of his Issue should maintain any other Religion than what he truly professed and maintained that God would take them out of the World I doubt not but yourself and every English Protestant will joyn with this Royal Petitioner and will heartily say Amen But you desire to know if I think the Resolution of the Judges in this case ought to deter us from humbly Petitioning his Majesty that this Parliament may effectually sit on the 26th day of January next In order to this give me leave to observe to you As it is most certain that a great Reverence is due to the Unanimous Opinion of all the Judges so there is a great difference to be put between the Authority of their Judgments when solemnly given in Cases depending before them and their sudden and extrajudicial Opinions The Case of Ship-money it self is not a better proof of this than that which you have now read as you will now see if you consider distinctly what they say to the several Questions proposed to them As to their Answer to the first Question it much concerns the Reverend Clergy to enquire whither they did not mistake in it And whether the King by his Proclamation can make new constitutions and oblige them to obedience under the Penalty of Deprivation Should it be so and should this unhappy Kingdom ever suffer under the Reign of a Popish Prince he might easily rid himself of such obstinate Hereticks and leave his Ecclesiastical Preferments open for Men of better Principles He will need only to publish a Proclamation that Spittle and Salt should be used in Baptism that Holy-water should be used and Images set up in Churches and a few more such things as these and the Business were effectually done But if you will believe my Lord Chief Justice Cook 12. Co. 19. 12. Co. 49. he will tell you that it was agreed by all the Judges upon Debate Hill 4to Jacobi that the King cannot change his Ecclesiastical Law and you may easily remember since the whole Parliament declared That he could not alter or suspend them I have the uniform Opinion of all the Judges given upon great Deliberation Co. Mag. Char. 616. Mich. 4to Jac. to justifie me if I say that our Judges here were utterly mistaken in the Answer which they gave to the second Question I will not cite the numerous subsequent Authorities since every man knows that it is the constant practice of Westminster-Hall at this Day to grant Prohibitions upon refusal to give a Copy of Articles where the Proceedings in the Ecclesiastical Courts are ex Officio You see there was a kind of ill Fate upon the Judges this day as usually there was when met in the Star-chamber and that they were very unfortunate in answering two of the three Questions proposed to them let us go on to consider what does principally concern us at present their Answer to the last Question You have just done reading it and therefore I need not repeat to you either the Doubt or the Solution of it but one may be allowed to say modestly that it was a sudden Answer 'T is possible the Lords then present were well enough inform'd when they were told that such kind of Petitioning was an Offence next to Treason and Felony but I dare be so bold as to say That at this Day not a Lawyer in England would be the wiser for such an Answer they would be confounded and not know whether it were Misprision of Treason which seems an Offence nearest to Treason or Petty-larceny which seems nearest to Felony You will be apt to tell me that I mistake my Lords the Judges and they spoke not of the nature of the crime but the manner of the Punishment but this will mend the matter but little for since the Punishments of those two Crimes are so very different you are still as much in the dark as ever what these ambiguous words mean Well but we will agree that the Crime about which the Enquiry was made was a very great one When Men arrive to such Insolence as to threaten their Prince it will be but little excuse to them to call their Menaces by the soft and gentle Name of Petitions But you would know for what and in what manner we are at present to Petition 13 Car. 2. c. 5 and I will give you a plain and infallible Rule It is the Statute 13 Car. 2. c. 5. Be it enacted c. that no person or persons whatsoever shall solicite labour or procure the getting of hands or other consent of any persons above the number of twenty or more to any Petition Complaint Remonstance Declaration or other Addresses to the King or both or either Houses of Parliament for alteration of matters established by Law in Church or State unless the matter thereof have been first consented to and ordered by three or more Justices of the County or by the major part of the Grand Jury of the County or Division of the County where the same matter shall arise at their publick Assizes or General Quarter-Sessions or if arising in London by the Lord Mayor Aldermen and Commons in Common Council assembled and that no person or persons whatsoever shall repair to His Majesty or both or either of the Houses of Parliament upon Pretence of presenting or delivering any Petition Complaint Remonstrance or Declaration or other Addresses accompanied with excessive Number of People not at
keeping Watch since the Plot hath cost the City above 100000 l. The City of London is the Bulwark of our Religion And is it not said the Duke is at the head of 30 or 40000 men The Lieutenancy and Justices how are they molded for his turn And if you do nothing now in this House we must all without any more ado try to make a Peace with him as well as we can I 'll never do it And will you for the sake of one man destroy three Kingdoms An Highth He moved that the Representation might declare That we see no Security but removing the Duke of York A Ninth We discoursing of Tangier at this time is like Nero's Fiddling whilst Rome was consuming by Fire If it be in a good condition we cannot help it if in a bad one we are not in a posture to do it Pray consider the condition by what 's past when King Henry the Eighth was for Supremacy the Kingdom was for it when King Henry the Eighth was against it the Kingdom was against it When King Edward the Sixth was a Protestant the Kingdom was so when Queen Mary was a Papist the Kingdom was so when Queen Elizabeth was a Protestant the Kingdom so again Regis ad exemplum c. And I believe even in King Edward the Sixth's time the Bishops themselves would not have been for throwing out such a Bill as this And if King Edward had promised any thing for the preservation of the Protestant Religion so that Mary might succeed the Pope would no way have contrived so great a Favour The bidding us prevent Popery and the letting alone a Popish Successor is as if a Physician should come to a man in a Pleurisie and tell him he may make use of any Remedies but letting of Blood the Party must perish that being the only Cure I am not at present for giving of Money that being to the State as Food to the Stomach if that be clean meat turns to good Nourishment but if it be out of order it breeds Diseases And so it is in the State if that be not in order too We have been often deceived and by the same men again Was not 200000 l. given for the Fleet in 74 and was any of it employed that way Money given for an actual War with France employed for a dishonourable Peace Never so many Admirals and so few Ships to guard us never more Commissioners of the Treasury and so little Money never so many Counsellors and so little Safety Let us address His Majesty A Tenth I 'll never be for giving of Money for promoting Popery and a Successor a publick Enemy to the Kingdom and a Slave to the Pope Whilst he hath 11 to 7 in the Council and 63 to 31 in the House of Lords we are not secure And if my own Father had been one of the 63 I should have voted him an Enemy to the King and Kingdoms and if we cannot live Protestants I hope we shall dye so The Eleventh Redress our Grievances first and then and not till then Money Tangier never was nor will be a place of Trade Tituan and Sally so near they will never trade with us to destroy themselves and can never be for our Advantage And I have many years wonder'd at the Council that have been for the keeping of it and am of opinion that Popery may be aimed at by it and that our Councils are managed at Rome from whence I saw a Letter from a Friend dated the 21th of October with the Heads of the King's Speech in it to this effect That His Majesty would command them not to meddle with the Succession That he would ask no Money That he would stand upon the Confirmation of the Lord Danby's Pardon and That the keeping of Tangier was to draw on Expences and was it not would be for the blowing of it up Twelfth I am for a Representation Thirteenth I remember before the last Session of Parliament there was a Council held at Lambeth and there hatched a Bill against Popery It was for the breeding of Children of a Popish Successor which admitted the thing and it was called a Bill against Popery but we called it the Popish Bill I am for the Church of England but not for the Church-men of the late Bishop of St. Asaph on his Death-bed good man could hardly forbear declaring himself which his Epitaph did Ora pro Anima ordered to be written upon his Tomb. We are told the other day we ought to make the Duke a Substantive to stand by himself That there was less danger of a General without an Army than an Army without a General And I have read in Pliny which was most to be feared an Army of Lyons with an Hare to their General or an Army of Hares with a Lyon to their General and it was concluded that an Army of Hares with a Lyon to their General was most to be feared of the two His Majesty is inclosed by a sort of Monsters who endeavour to destroy and I hope to move against them before we rise and though we have lost our last Bill we have not lost our Courage and Hearts Fourteenth His Majesty desires your Advice and Assistance it is seldom which is very kind and though you shall think fit not to give the latter it 's but mannerly to give the first And I hope you will not resent any Injury if any there were done by the House of Lords on the King who though he cannot cure all ill in one day he can ruine all And I acquaint you there is a very great Weight laid upon this Session of Parliament and upon the agreeing of the King with the People on which depends the Welfare of the Protestants abroad and hope you will not go about to Remonstrate now Fifteenth If you had sent the Duke's Lord Craven's and Mulgrave's Regiment to Tangier it would supply the Place with Men and Disband the Lord Oxford's Regiment and the Money on those imployed would bear much of the share of this Then the House Resolved to appoint a Committee to draw up an Address upon the Debate of this House to represent His Majesty the State and Condition of the Kingdom in Answer to His Majesties Message about Tangier The SPEECHES of several Learned and Worthy Members of the Honourable House of Commons for Passing the Bill against the Duke of York Mr. Speaker THE Gentleman that spoke last seems to intimate that we ought to have a due regard to the Kings Brother and consider what infinite disadvantages will accrew to us if we are too hasty in our Resolutions as before the Duke is found guilty to proceed to pass a Bill for Exclusion for that nothing but War and Bloodshed can be expected from it therefore he says we ought to be moderate and find out a Medium to secure the Protestant Religion notwithstanding the Duke may be a Papist Now Gentlemen I give you the Dictates of my
Parliament at a time when the Commons had taken great pains about and were prepared for those Tryals And by the like pernicious Councels of those who advised the many and long Prorogations of the present Parliament before the same was permitted to sit whereby some of the Evidence which was prepared in the last Parliament may possibly during so long an Interval be forgotten or lost and some Persons who might probably have come in as Witnesses are either dead have been taken off or may have been discouraged from giving their Evidence But of one mischievous Consequence of those dangerous and unhappy Councels we are certainly and sadly sensible namely That the Testimony of a material Witness against every of those Five Lords and who could probably have discovered and brought in much other Evidence about the Plot in general and those Lords in particular cannot now be given vivâ voce Forasmuch as that Witness is unfortunately dead between the Calling and the Sitting of this Parliament To prevent the like or greater Inconveniences for the future We make it our most humble Request to Your Excellent Majesty that as You tender the Safety of Your Royal Person the Security of Your Loyal Subjects and the Preservation of the True Protestant Religion You will not suffer your Self to be prevailed upon by the like Councels to do any thing which may occasion in consequence though we are assured never with Your Majesties Intention either the deferring of a full and perfect Discovery and Examination of this most wicked and detestable Plot or the preventing the Conspirators therein from being brought to speedy and exemplary Justice and Punishment And we humbly beseech your Majesty to rest assured notwithstanding any Suggestions which may be made by persons who for their own wicked purposes contrive to create a distrust in your Majesty of Your People That nothing is more in the Desires and shall be more the Endeavours of us Your faithful and loyal Commons than the promoting and advancing of your Majesties true Happiness and Greatness The Address of the Commons in Parliament to his Majesty to remove Sir George Jeffreys out of all Publick Offices WE your Majesties most Dutiful and Loyal Subjects the Commons in Parliament assembled having received a Complaint against Sir George Jeffreys Knight your Majesties Chief Justice of Chester and heard the Evidence concerning the same and also what he did alledge and prove in his Defence And being thereupon fully satisfied that the said Sir George Jeffreys well knowing that many of your Loyal Protestant Subjects and particularly those of your Great and Famous City of London out of Zeal for the Preservation of the Protestant Religion your Majesties Royal Person and Government and in hopes to bring the Popish Conspirators to speedy Justice were about to Petition to your Majesty in an Humble Dutiful and Legal way for the Sitting of this Parliament the said Sir George Jeffreys not regarding his Duty to your Majesty or the welfare of your People did on purpose to serve his own private Ends and to create a Mis-understanding between your Majesty and your Good Subjects though disguised with pretence of Service to your Majesty maliciously declared such Petitioning sometimes to be Tumultuous Seditious and Illegal and at other times did presume publickly to insinuate and assert as if your Majesty would deprive your Citizens of London of their Charters and divers other Priviledges Immunities and Advantages and also of your Royal Favour in case they should so Petition and also did publickly declare that in case they should so Petition there should not be any Meeting or Sitting of Parliament thereby traducing your Majesty as if you would not pursue your Gracious Intentions the rather because they were grateful to your good Subjects do in most humble manner beseech your Majesty to remove the said Sir George Jeffreys out of the said Place of Cheif Justice of Chester and out of all other Publick Offices and Employments under your Majesty His Majesty by Mr. Secretary Jenkins was pleased to return Answer to this Address That he would consider of it His Majesties Message to the Commons in Parliament Relating to Tangier CHARLES REX HIs Majesty did in His Speech at the opening of this Session desire the Advice and Assistance of His Parliament in relation to Tangier The Condition and Importance of the Place obliges His Majesty to put this House in mind again that He relies upon them for the support of it without which it cannot be much longer Preserved His Majesty does therefore very earnestly Recommend Tangier again to the due and speedy Consideration and Care of this House The Humble Address of the Commons in Parliament assembled Presented to His Majesty Monday 29th day of November 1680. in Answer to that Message May it please your Most Excellent Majesty WE Your Majesties most Obedient and Loyal Subjects The Commons in Parliament Assembled having with all Duty and Regard taken into our serious Consideration Your Majesties late Massage relation to Tangier cannot but account the present Condition of it as Your Majesty is Pleased to represent in Your said Message after so vast a Treasure expended to make it Useful not only as one Infelicity more added to the afflicted Estate of Your Majesties Faithful and Loyal Subjects but as one result also of the same Councels and Designs which have brought Your Majesties Person Crown and Kingdoms into those great and imminent Dangers with which at this day they are surrounded And we are the less surprised to hear of the Exigencies of Tangier when we remember that since it became a part of Your Majesties Dominions it hath several times been under the Command of Popish Governours particularly for some time under the Command of a Lord Impeached and now Prisoner in the Tower for the Execrable and Horrid Popish Plot That the Supplies sent thither have been in great part made up of Popish Officers and Soldiers and that the Irish Papists amongst the Soldiers of that Garrison have been the Persons most Countenanced and Encouraged To that part of your Majesties Message which expresses a reliance upon this House for the support of Tangier and a recommendation of it to our speedy care We do with all humility and reverence give this Answer That although in due Time and Order we shall omit nothing incumbent on Us for the preservation of every part of your Majesties Dominions and advancing the prosperity and flourishing Estate of this your Kingdom yet at this time when a Cloud which has long threatned this Land is ready to break upon our heads in a storm of Ruine and Confusion to enter into any further consideration of this matter especially to come to any resolutions in it before we are effectually secured from the imminent and apparent Dangers arising from the Power of Popish Persons and Councils We humbly conceive will not consist either with our Duty to your Majesty or the Trust reposed in Us by those we represent It is
rest shelter themselves the Grand Jury were in an unheard of and unpresidented and illegal manner discharged and that with so much haste and fear lest they should finish that Presentment that they were prevented from delivering many other Indictments by them at that time found against other Popish Recusants Because a Pamphlet came forth Weekly called The Weekly Pacquet of Advice from Rome which exposes Popery as it deserves as ridiculous to the People a new and arbitrary Rule of Court was made in your Majesty's Court of King's Bench rather like a Star-Chamber than a Court of Law That the same should not for the future be Printed by any Person whatsoever We acknowledge your Majesty's Grace and Care in issuing forth divers Proclamations since the Discovery of the Plot for the banishing Papists from about this great City and Residence of your Majesty's Court and the Parliament but with trouble of Mind we do humbly inform your Majesty That notwithstanding all these Prohibitions great Numbers of them and of the most dangerous Sort to the Terrour of your Majesty's Protestant Subjects do daily resort hither and abide here Under these and other sad Effects and Evidences of the Prevalency of Popery and its Adherents We Your Majesty's Faithful Commons found this your Majesty's distressed Kingdom and other parts of your Dominions labouring when we assembled And therefore from our Allegiance to your Majesty our Zeal to our Religion our Faithfulness to our Country and our Care of Posterity We have lately upon mature deliberation proposed one Remedy of these Great Evils without which in our Judgments all others will prove vain and fruitless and like all deceitful Securities against certain Dangers will rather expose your Majesty's Person to the greatest hazard and the people together with all that 's valuable to them as Men or Christians to utter Ruine and Destruction We have taken this Occasion of an Access to your Majesty's Royal Presence humbly to lay before your Majesty's great Judgment and Gracious Consideration this most dreadful design of introducing Popery and as necessary consequences of it all other Calamities into your Majesty's Kingdoms And if after all this the private Suggestions of the subtle Accomplices of that Party and Design should yet prevail either to elude or totally obstruct the faithful Endeavours of Us your Commons for an Happy Settlement of this Kingdom We shall have this remaining Comfort That we have freed our selves from the Guilt of that Blood and Desolation which is like to ensue But our only Hope next under God is in your Sacred Majesty That by your Great Wisdom and Goodness we may be effectually secured from Popery and all the Evils that attend it and that none but persons of known Fidelity to your Majesty and Sincere Affections to the Protestant Religion may be put into any Employment Civil or Military that whilst we shall give a Supply to Tangier we may be assured we do not augment the Strength of our Popish Adversaries nor encrease our own Dangers Which Desires of your faithful Commons if your Majesty shall graciously vouchsafe to grant We shall not only be ready to assist your Majesty in Defence of Tangier but do whatsoever else shall be in our Power to enable your Majesty to protect the Protestant Religion and Interest at Home and abroad and to Resist and Repel the Attempts of your Majesty's and the Kingdoms Enemies The Humble Address of the House of Commons presented to His Majesty upon Tuesday the 21. Day of December 1680. In Answer to His Majesty's Gracious Speech to both Houses of Parliament upon the 15th Day of the same December May it please Your most Excellent Majesty WE your Majesty's most Dutiful and Loyal Subjects the Commons in this present Parliament Assembled have taken into our serious Consideration your Majesty's Gracious Speech to both your Houses of Parliament on the 15th of this instant December and do with all the grateful Sense of Faithful Subjects and sincere Protestants acknowledge your Majesty's great Goodness to us in renewing the Assurances you have been pleased to give us of your readiness to concur with us in any means for the Security of the Protestant Religion and your Gracious Invitation of us to make our Desires known to your Majesty But with grief of Heart we cannot but observe that to these Princely Offers your Majesty has been advised by what Secret Enemies to Your Majesty and your People we know not to annex a Reservation which if insisted on in the instance to which alone it is applicable will render all your Majesty 's other Gracious Inclinations of no effect or advantage to us Your Majesty is pleased thus to limit your promise of concurrence in the Remedies which shall be proposed that they may consist with preserving the Succession of the Crown in its due and legal course of Descent And we do humbly inform your Majesty that no Interruption of that Descent has been endeavoured by us except only the Descent upon the Person of the Duke of York who by the wicked Instruments of the Church of Rome has been manifestly perverted to their Religion And we do humbly represent to your Majesty as the Issue of our most deliberate Thoughts and Consultations that for the Papists to have their hopes continued that a Prince of that Religion shall succeed in the Throne of these Kingdoms is utterly inconsistent with the Safety of your Majesty's Person the Preservation of the Protestant Religion and the Prosperity Peace and Welfare of your Protestant Subjects That your Majesty's Sacred Life is in continual danger under the prospect of a Popish Successor is evident not only from the Principles of those devoted to the Church of Rome which allow that an Heretical Prince and such they term all Protestant Princes Excommunicated and deposed by the Pope may be destroyed and murther'd but also from the Testimonies given in the prosecution of the Horrid Popish Plot against divers Traitors Attainted for designing to put those accursed Principles into practice against your Majesty From the expectation of this Succession has the number of Papists in your Majesty's Dominions so much encreased within these few years and so many been prevailed with to desert the true Protestant Religion that they might be prepared for the Favours of a Popish Prince assoon as he should come to the possession of the Crown and while the same Expectation lasts many more will be in the same danger of being perverted This it is that has hardned the Papists of this Kingdom animated and confedederated by their Priests and Jesuits to make a common Purse provide Arms make application to Foreign Princes and sollicite their Aid for imposing Popery upon us And all this even during your Majesty's Reign and while your Majesty's Government and the Laws were our protection It is your Majesty's Glory and true Interest to be the Head and Protector of all Protestants as well abroad as at home But if these Hopes remain what
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
being accompanied with several other Lords at the Delivery thereof thus expressed himself The Earl of Essex's Speech at the Delivering the following Petition to His most Sacred Majesty Jan. 25. 1680. May it please your Majesty THe Lords here present together with divers other Peers of the Realm taking notice that by Your late Proclamation Your Majesty has declared an intention of calling a Parliament at Oxford and observing from History and Records how unfortunate many Assemblies have been when called at a Place remote from the Capital City as particularly the Congress in Henry the Second's time at Clarendon Three several Parliaments at Oxford in Henry the Third's time and at Coventry in Henry the Sixth's time With divers others which have proved very fatal to those Kings and have been followed with great mischief on the whole Kingdom And considering the present posture of affairs the many jealousies and discontents which are amongst the People We have great Cause to apprehend that the consequences of a Parliament now at Oxford may be as fatal to Your Majesty and the Nation as those others mentioned have been to the then Reigning Kings and therefore we do conceive that we cannot answer it to God to Your Majesty or to the People If we being Peers of the Realm should not on so Important an Occasion humbly offer our advice to Your Majesty that if possible Your Majesty may be prevailed with to alter this as we apprehend unseasonable Resolution The Grounds and Reasons of our Opinion are contained in this our Petition which We humbly Present to Your Majesty To the King 's most Excellent Majesty The Humble Petition and Advice of the Lords under-named Peers of the Realm Humbly Sheweth THat whereas Your Majesty hath been pleased by divers Speeches and Messages to Your Houses of Parliament rightly to represent to them the Dangers that Threatned Your Majesty's Person and the whole Kingdom from the Mischievous and wicked Plots of the Papists and the sudden Growth of a Foreign Power unto which no stop or remedy could be Provided unless it were by Parliament and an Union of Your Majesty's Protestant Subjects in one Mind and one Interest And the Lord Chancellor in Pursuance of Your Majesty's Commands having more at large Demonstrated the said Dangers to be as great as we in the midst of our Fears could Imagine them and so pressing that our Liberties Religion Lives and the whole Kingdom would be certainly Lost if a speedy Provision were not made against them And Your Majesty on the 21st of April 1679. Having called unto your Council many Honourable and Worthy Persons and declared to them and the whole Kingdom That being sensible of the evil Effects of a single Ministry or private Advice or Forreign Committee for the General Direction of your Affairs Your Majesty would for the future Refer all things unto that Council and by the constant Advice of them together with the frequent use of your great Council the Parliament Your Majesty was hereafter Resolved to Govern the Kingdoms We began to hope we should see an end of our Miseries But to our unspeakable Grief and Sorrow we soon found our Expectations Frustrated The Parliament then subsisting was Prorogued and Dissolved before it could perfect what was intended for our Relief and Security and though another was thereupon called yet by many Prorogations it was put off till the 21st of October past and notwithstanding Your Majesty was then again pleased to acknowledge that neither Your Person nor Your Kingdom could be safe till the matter of the Plot was gone thorow It was unexpectedly Prorogued on the 10th of this Month before any sufficient Order could be taken therein all their Just and Pious Endeavours to save the Nation were overthrown the good Bills they had been Industriously preparing to Unite all Your Majesties Protestant Subjects brought to nought The discovery of the Irish Plot stifled The Witnesses that came in frequently more fully to declare That both of England and Ireland discouraged Those Forreign Kingdoms and States who by a happy conjunction with us might give a Check to the French Power disheartned even to such a Despair of their own Security against the growing greatness of that Monarch as we fear may induce them to take new Resolutions and perhaps such as may be fatal to us The Strength and Courage of our Enemies both at home and abroad increased and our selves left in the utmost danger of seeing our Country brought into utter Desolation In these Extremities we had nothing under God to comfort us but the Hopes that Your Majesty being touched with the Groans of Your perishing People would have suffered Your Parliament to meet at the Day unto which it was Prorogued and that no further interruption should have been given to their Proceedings in Order to their saving of the Nation But that failed us too For then we heard that Your Majesty by the private suggestion of some Wicked Persons Favourers of Popery Promoters of French Designs and Enemies to Your Majesty and the Kingdom without the Advice and as we have good Reason to believe against the Opinion even of Your Privy-Council had been prevailed with to Dissolve it and to call another to meet at Oxford where neither Lords nor Commons can be in Safety but will be daily exposed to the Sword of the Papists and their Adherents of whom too many are crept into Your Majesties Guards The Liberty of speaking according to their Consciences will be thereby Destroyed and the Validity of all their Acts and Proceedings consisting in it left Disputable The Straitness of the Place no way admits of such a concourse of Persons as now follows every Parliament the Witnesses which are necessary to give Evidence against the Popish Lords such Judges or others whom the Commons have Impeached or had resolved to Impeach can neither bear the Charge of going thither nor trust themselves under the Protection of a Parliament that is it self Evidently under the power of Guards and Soldiers The Premises considered We Your Majesties Petitioners out of a Just Abhorrence of such a dangerous and pernicious Council which the Authors have not dared to avow and the direful Apprehensions of the Calamities and Miseries that may ensue thereupon do make it our most Humble Prayer and Advice That the Parliament may not sit at a Place where it will not be able to Act with that Freedom which is necessary and especially to give unto their Acts and Proceedings that Authority which they ought to have amongst the People and have ever had unless Impaired by some Awe upon them of which there wants not Precedents And that Your Majesty would be graciously pleased to Order It to Sit at Westminster it being the usual Place and where they may Consult and Act with Safety and Freedom And your Petitioness shall ever Pray c. Monmouth Kent Huntington Bedford Salisbury Clare Stanford Essex Shaftsbury Mordant Evers Paget Grey Herbert Howard Delamer The Counties
presented them upon their being elected Knights for the County at Lewis March the 3d. Gentlemen HAd we not heard well of Your Fidelity in discharging former Publick Trusts we had not this day called You to the same Imploy for they that betray or neglect our service once shall never receive our Trust again And though we have no intention to limit or circumscribe the Power we have laid in You yet we must desire and with that earnestness as becometh those that beg for no less than the life of their King Government Religion Laws Liberties and Properties yea the very Lives and beings of all the Protestants in the World That You would please as our Representatives to have an especial regard to these particulars following 1. That you would effectually secure His Majesty's Royal Life and the Lives of all His Majesty's Protestant Subjects by a firm and Legal Association 2. That You would repeat the Endeavours of the Two former Worthy Parliaments in barring the Door against all Popish Successors to the Crown and in particular against James Duke of York and Arbitrary Government 3. That You would be incessant in Your Endeavours for uniting His Majesty's Protestant Subjects 4. That You would further search into the bottom of those Damnable and Hellish Plots of the Papists that have been laid against His Majesty's Life the Protestant Religion and Government and to bring those Horrid Criminals to Justice 5. That You would not forget those Execrable Villains that by receiving Pension betrayed our Trusts and our Liberties in the late Long Parliament but do such Exemplary Justice on them that all others for the future may fear and do no more so wickedly And in doing these Great things and all others that You shall judge necessary for the Peace Safety and Prosperity of the Nation we shall not only stand by you as Thankful Acknowledgers of Your Service but reckon it our Duty if any hazard threaten you to defend You as Worthy Patriots with our Lives and Fortunes The Cheshire Address To the Honourable Henry Booth Esq and Sir Robert Cotton Kt. and Bar. being chosen Knights for that County March the 7th Immediately after their Election the Right Honourable the Lord Colchester and the Lord Brandon presented then a Paper containing the Sentiments and Desires of the Gentry and Free-holders in these words WE the Gentry and Free-holders of the County Palatine of Chester who have by a free and unanimous Consent Re-elected You to be our Representatives in Parliament do thankfully acknowledge Your joynt Integrity and concurrence with the Worthy and Eminent Members of the Last who in so Signal and never to be forgotten a manner of Petitioning promoted the Union Support and Growth of the True Protestant Religion Established by Law And the only Expedient we think to perpetuate these to our Posterity is to adhere to what the late Parliament designed relating to the Duke of York and all Popish Successors to provide for the Defence and Safety of His Majesty's Person vigorously to pursue the Discovery of the horrid Popish Plot and to punish all Sham-plotters whom we esteem the worst of Villains without which His Majesty can neither be easie nor secure These with those great and Excellent things then under their Considerations make us confident of Your Sincerity and Proceedings which that they may be successful is our prayer and will be the support of all those who wish the happiness of His Majesty and these distressed Kingdoms We likewise desire the Votes may continue to be Printed that till the effects of your endeavours on which depends the happiness both of Church and State are accomplished we may be truly acquainted with your proceedings The Northamptonshire Address March the 8th To John Parkhurst and Miles Fleetwood Esquires then elected Knights for that County Gentlemen THat we are extreamly satisfied of Your faithful and honest discharge of the great Trust reposed in You by this County of Northampton in the last Parliament is most evident by our Hearty Thanks we now return You and by our Unanimous Electing of You again to serve for us in the next Parliament to be holden at Oxford Gentlemen We find by Experience you so well judge of the sense of our Countrey that we need not tender You our Thoughts in many Particulars Only as the Preservation of His Majesty's Sacred Person the Protestant Religion and our Properties are of the greatest Concern and most dear unto us So more especially we recommend them unto you desiring You to use Your utmost Endeavours 1. That there may be a more full and perfect Discovery of that most Hellish Popish Plot and all other Sham-Plots 2. That we may be secured against a Popish Successor 3. That there may be found means of Uniting His Majesty's Protestant Subjects against the Common Enemy Gentlemen In pursuance of these good Ends and such others as You shall think conducing to the happiness of the King and Kingdom We shall stand by You with our Lives and Fortunes The Address of the Town of Taunton March 11th To Edmund Prideaux and John Trenchard Esquires Worthy Sirs WE do most Heartily acknowledge Your great Wisdom Courage and Faithfulness in the Discharge of the Trust by Us Reposed in You as Members of the late Dissolved Parliament whose Worthy Endeavours for the Happiness of the King and Kingdom exceedingly Rejoyced the hearts of True English and Protestant Spirits and will make them Famous to Posterity And now Sirs having a full assurance of Your Perseverance in the same good Works we have persumed again to make Choice of You as Our Representatives in the Ensuing Parliament desiring Your Acceptance of that great Trust And begging You as that wherein the Glory of God the Interest of the Protestant Religion the Safety and Welfare of the King and Kingdom is highly concerned to Prosecute as shall be Guided by the Wisdom of that Honourable House these following Particulars viz. 1. That some effectual course may be taken for the Safety of His Majesty's Sacred Person and Government which have been and still are in extreme danger by the abominable Plots and Atempts of Papists 2. That further Search be made into the Horrid Popish Plot and the Plotters and Abettors thereof brought to condign Punishment 3. That You will joyn with the rest of that Honourable House whereof You are now Chosen to be Members in repeating the Endeavours of the Two last Worthy Parliaments to bar all Papists and especially James Duke of York from the exercise of the Royal Authority of this Kingdom 4. That You will with all diligence endeavour the Uniting of His Majesty's Protestant Subjects and the Repealing those severe Laws that are obstructive thereof 5. That all good Endeavours be used for the securing of our Religion and Property and the just Rights and Priviledges of the Subject 6. That some Law may be made for the preventing of the Excesses and Exorbitances in the Elections of Members of Parliament and of undue
and it seems they intend to make us know that part of their Doctrine even before we come to feel it since tho' some of that Communion would take away the horror which the Fourth Council of the Lateran gives us in which these things were decreed by denying it to be a General Council and rejecting the Authority of those Canons yet the most learned of all the Apostates that has fallen to them from our Church has so lately given up this Plea and has so formally acknowledged the Authority of that Council and of its Canons that it seems they think they are bound to this piece of fair dealing of warning us before hand of our Danger It is true Bellarmin says The Church does not always execute the Power of Deposing Heretical Princes tho' she always retains it one Reason that he assigns is Because she is not at all times able to put it in Execution so the same reason may perhaps make it appear unadviseable to Extirpate Hereticks because that at present it cannot be done but the Right remains intire and is put in execution in such an unrelenting manner in all places where that Religion prevails that it has a very ill Grace to see any Member of that Church speak in this strain and when neither the Policy of France nor the Greatness of their Monarch nor yet the Interests of the Emperour joyned to the Gentleness of his own temper could withstand these Bloody Councils that are indeed parts of that Religion we can see no reason to induce us to believe that a Toleration of Religion is proposed with any other design but either to divide us or to lay us asleep till it is time to give the Alarm for destroying us IV. If all the Endeavours that have been used in the last four Reigns for bringing the Subjects of this Kingdom to an Unity in Religion have been ineffectual as His Majesty says we know to whom we owe both the first beginnings and the progress of the Divisions among our selves the gentleness of Queen Elizabeth's Government and the numbers of those that adhered to the Church of Rome made it scarce possible to put an end to that Party during her Reign which has been ever since restless and has had Credit enough at Court during the three last Reigns not only to support it self but to distract us and to divert us from apprehending the danger of being swallowed up by them by fomenting our own Differences and by setting on either a Toleration or a Persecution as it has happened to serve their Interests It is not so very long since that nothing was to be heard at Court but the supporting the Church of England and the Extirpating all the Nonconformists and it were easie to name the persons if it were decent that had this in their mouths but now all is turned round again the Church of England is in Disgrace and now the Encouragement of Trade the Quiet of the Nation and the Freedom of Conscience are again in Vogue that were such odious things but a few Years ago that the very mentioning them was enough to load any Man with Suspicions as backward in the King's Service while such Methods are used and the Government as if in an Ague divided between hot and cold fits no wonder if Laws so unsteadily executed have failed of their effect V. There is a good reserve here left for Severity when the proper Opportunity to set it on presents it self for his Majesty declares himself only against the forcing of men in matters of meer Religion so that whensoever Religion and Policy come to be so interwoven that meer Religion is not the Case and that publick Safety may be pretended then this Declaration is to be no more claimed so that the fastning any thing upon the Protestant Religion that is inconsistent with the publick Peace will be pretended to shew that they are not persecuted for meer Religion In France when it was resolved to extirpate the Protestants all the Discourses that were written on that Subject were full of the Wars occasioned by those of the Religion in the last Age tho' as these was the happy occasions of bringing the House of Bourbon to the Crown they had been ended above 80 Years ago and there had not been so much as the least Tumult raised by them these 50 Years past so that the French who have smarted under this Severity could not be charged with the least Infraction of the Law yet Stories of a hundred years old were raised up to inspire into the King those Apprehensions of them which have produced the terrible effects that are visible to all the World There is another Expression in this Declaration which lets us likewise see with what Caution the Offers of favour are now worded that so there may be an Occasion given when the time and Conjuncture shall be favourable to break through them all it is in these words So that they take especial Care that nothing be preached or taught amongst them which may any ways tend to alienate the hearts of our People from Us or Our Government This in it self is very reasonable and could admit of no Exception if we had not to do with a set of men who to our great Misfortune have so much Credit with His Majesty and who will be no sooner lodged in the Power to which they pretend then they will make every thing that is preached against Popery pass for that which may in some manner alienate the Subjects from the King VI. His Majesty makes no doubt of the Concurrence of his Two Houses of Parliament when he shall think it convenient for them to meet The hearts of Kings are unsearchable so that it is a little too presumptuous to look into his Majesties secret thoughts but according to the Judgments that we would make of other mens thoughts by their Actions one would be tempted to think that his Majesty made some doubt of it since his Affairs both at home and abroad could not go the worse if it appeared that there was a perfect understanding between him and His Parliament and that his people were supporting him with fresh Supplies and this House of Commons is so much at his Devotion that all the World saw how ready they were to grant every thing that he could desire of them till he began to lay off the Mask with relation to the Test and since that time the frequent Prorogations the Closetting and the pains that has been taken to gain Members by Promises made to some and the Disgraces of others would make one a little inclined to think that some doubt was made of their Concurrence But we must confess that the depth of his Majesties Judgment is such that we cannot fathom it and therefore we cannot guess what his Doubts or his Assurances are It is true the words that come after unriddle the Mistery a little which are when his Majesty shall think it convenient for them to
emitted his Declaration for Liberty of Conscience there were Commissions of Reprisal prepared and ready to be granted to the English East-India Company against the Hollanders but which were suppressed upon the Court 's finding that they whom the suspending the Execution of so many Laws and the granting such Liberties Rights and Immunities to the Papists had disgusted and provoked were far more numerous and their resentments more to be apprehended than they were whose murmurings and discontents they had silenced and allay'd by the liberty that was granted Now as it will be at this juncture when the Protestant Interest is so low in the World and the Reformed Religion in so great danger of being Destroyed a most wicked as well as an imprudent Act to contribute help and aid to the Subjugating a People that are the chief Protectors of the Protestant Religion that are left and almost the only Asserters of the Rights and Liberties of Mankind so it may fill the Addressers with confusion and shame that they should have not only justified an Act of His Majesty's that is plainly designed to such a mischievous End but that they should by the Promises and Vows that they have made Him have emboldned His Majesty to continue his purposes and resolutions of a War against the Dutch Which as it must be funestous and fatal to the Protestant Cause in case he should prosper and succeed so howsoever it should issue yet the Addressers who have done what in them lyes to give encouragement unto it will be held betrayers of the Protestant Religion both abroad and at home and judged guilty of all the Blood of those of the same Faith with them that shall be shed in this Quarrel That Liberty ought to be allowed to men in matters of Religion is no Plea whereby the King 's giving it in an illegal and Arbitrary manner can be maintained and justified Since ever I was capable of exercising any distinct and coherent acts of Reason I have been always of that mind that none ought to be persecuted for their Consciences towards God in matters of Faith and Worship Nor is it one of those things that lye under the power of the Sovereign and Legislative Authority to grant or not to grant but it is a Right setled upon Mankind antecedent to all Civil Constitutions and Humane Laws having its foundation in the Law of Nature which no Prince or State can legitimately violate and Infringe The Magistrate as a Civil Officer can pretend or claim no Power over a People but what he either derives from the Divine Charter wherein God the Supreme Institutor of Magistracy has chalk'd out the Duty of Rulers in general or what the People upon the first and original Stipulation are supposed to have given him in order to the Protection Peace and Prosperity of the Society But as it does no where appear that God hath given any such Power to Governors seeing all the Revelations in the Scripture as well as all the Dictates of Nature speak a contrary Language so neither can the People upon their chusing such a one to be their Ruler be imagined to transfer and vest such a Power in him forasmuch as they cannot divest themselves of a Power no more than of a Right of believing things as they arrive with a Credibility to their several and respective Understandings As it is in no Man's Power to believe as he will but only as he sees cause so it is the most irrational Imagination in the World to think they should transfer a Right to him whom they have chosen to govern them of punishing them for what it is not in their power to help Nor can any thing be plainer than that God has reserved the Empire over Conscience to himself and that he hath circumscribed the Power of all Humane Governors to things of a civil and inferior Nature And had God convey'd a Right unto Magistrates of commanding Men to be of this or that Religion and that because they are so and will have others to be of their mind it would follow that the People may conform to whatsoever they require tho by all the Lights of Sense Reason and Revelation they are convinced of the Falshood of it Seeing whatsoever the Sovereign rightfully Commands the Subjects may lawfully obey But tho the persecuting People for Matters of mere Religion be repugnant to the Light of Nature inconsistent with the Fundamental Maxims of Reason directly contrary to the Temper and Genious as well as to the Rules of the Gospel and not only against the Safety and Interest of Civil Societies but of a Tendency to fill them with Confusion and to arm Subjects to the cutting of one anothers Throats yet Governors may both deny Liberty to those whose Principles oblige them to destroy those that are not of their mind and may in some measure Regulate the Liberty which they vouchsafe to others whose Opinions tho they do not think dangerous to the Peace of the Community yet through judging them Erroneous and False they conceive them dangerous to the Souls of Men. As there is a vast difference betwixt Tolerating a Religion and approving the Religion that is Tolerated so what a Government doth not approve but barely permits and suffers may be brought under Restrictions as to time place and number of those professing it that shall assemble in one Meeting which it were an Undecency to extend to those of the justified and established way Now whatsoever Restrictions or Regulations are enacted and ordained by the Legislative Authority in reference to Religions or Religious Assemblies they are not to be stop'd disabled or suspended but by the same Authority that enacted and ordained them The King says very truly That Conscience ought not to be constrained nor People forced in matters of mere Religion But it does not from thence follow unless by the Logick of Whitehall that without the concurrence of a Parliament he should suspend and dispense with the Laws and by a pretended Prerogative relieve any from what they are Obnoxious unto by the Statutes of the Realm His saying that the forcing People in matters of Religion spoils Trade depopulates Countries discourageth Strangers and answers not the End of bringing all to an Uniformity for which it is employ'd would do well in a Speech to the Houses of Parliament to perswade them to Repeal some certain Laws or might do well to determine his Majesty to assent to such Bills as a Parliament may prepare and offer for relieving Persons in matters of Conscience but does not serve for what it is alledged nor can it warrant his suspending the Laws by his single Authority And by the way I know when these very Arguments were not only despised by his Majesty and rediculed by those who took their Cue from Court and had Wit to do it as by the present Bishop of Oxford in a very ill-natur'd Book called Ecclesiastical Polity but when the daring to have mentioned them would
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
have the least good Opinion of the Sincerity of their Faith and Dealing That which you have alledged touching the Support which the Royal House of England may particularly hope for from the Amity of France is both a delicate and a dangerous Stone to stir The Glory and the Safety of our King doth only consist in the Love of his People and a streight Union betwixt His Majesty and his present Parliament since He hath no other sound Interest to rely upon but that of the Kingdom having need of no other Arms or Assistance The hearty affections of His Subjects and His own Royal Vertues will be as so many Cittadels erected to maintain His Authority and any other project is contrary both to His Genious and His admirable Prudence For all those who shall dare to inspire any other thoughts into His Majesty will infallibly undergo the weight of His Displeasure as Enemies to His Fame and Quiet But at the Bottom of all what help can He rationally expect from France should He come to need it which God defend after their unworthy abandoning of the King His Father in His great Distress and of the King which now is likewise when the Wheel of Fortune ran against them even to the Exstirpation of the Royal Line had not He by whom Kings reign wonderfully restored them to the Throne of their Ancestors It was that shameful Treaty which the French ratified with those Usurpers then that sacrificed Charles the First to the Ambition of the Tyrant Oliver Cromwel who had snatched the Scepter from the right Owners and Proprietors thereof Nay to such a Degree was the Inhospitability of France grown at that time though His Father were thus execrably Murthered before the Eyes of the French our King 's own Cousin-german refused Him a Retreat that might be secure for His own Person Therefore 't is fit that the English should be disabused once for all by being better informed since France is so far from being assisting or useful unto us upon this Conjuncture that in truth they do seek only to increase our Divisions and Troubles For 't is both their Interest and Maxim so to do which Conduct hath been exactly and hereditarily observed in their Counsels for many Ages together and newly in the last Civil War here since all the Baits which they do present unto us are but so many Apples of Discord which the French Emissaries cast up and down among us purposely to embroil us with our Neighbours or else with one another Next let us consider at present whether we shall find our Accompt better with Spain 'T is evident that solid Reason of State doth totally incline us to leave that other way and you cannot but all acknowledge this to be our true Fundamental Maxim whereby we may keep the Balance in aequilibrio and that our Safety doth most consist in such an aequilibrium why then should we swerve from thence out of vain hopes or quit the Body for the Shadow The Interest of Commerce no way invites us to take part with France and this Truth is so notorious to all the people of England that there is no Eloquence able to perswade them contrary to their own Experience therein The Cause is just and favourable A young * The King of Spain Pupil unworthily oppressed a Peace so solemnly and piously established as lightly violated by a Process of Cavils and Legerdemain by a Proceeding thereupon full of Surprisals and Violence as well as Pretensions unjustly revived after an Authentick †Vide The Buckler of State and Justice Art 4. Renunciation are so many voices which speak to the Root of our Consciences to call us to that which we owe to Justice Pitty good Neighbourhood the Publick Cause of Christendom and our selves For in this matter is concerned no less than the Case of Royal Successions which France will needs have submitted to the Customs of ordinary Citizens and the Conservation of that Bulwark which is common to all these parts of Europe against this Torrent which threatens the whole Vicinity with a great Inundation and the assuring the Tranquility of the Christian Republick against an unquiet Nation that will never desist from disturbing of it until their Insolence shall be abated The Foundation then being so solid because we shall in this Opposition have to treat with a Nation that makes profession of Honour and Generosity which hath never yet been accused to be guilty of having violated any Publick Treaty and that would rather ‖ The remarkable Integrity of Spain hazzard the loss of their Monarchy than their Reputation the Advantage is both secure and considerable whereas on the account of France we shall appear but as little Accessories and the French will carry us on as the First Motion only according to the rapidness of their Progress by applying us meerly in the course of their Game to their own Ends and thus shall we become the Ministers of their Ambition and be made use of like a pair of Stairs on which they do mean to tread in order to their obtaining the Universal Monarchy In fine their Interests if that we are still predestinated to be thus grosly deluded must be the Rule of ours and our future Conduct too and Operations But in taking part with Spain we shall be the Arbitrators of Peace and War and enabled to give the whole weight unto the Resolutions of each Party Then will France consider us with terrour and the apprehension of what our Arms may do and Spain by the addition of our Succours If we do desire Conquests we cannot hope for more lawful ones nor easier Victories than to re-unite by this means our ancient Dominion in France which have formerly been dismembred from the Crown of England But if we shall limit our Designs to the sole establishment of a Peace we can find the Accompt both of Glory and Safety likewise therein since it appears by Authentick Letters of Monsieur de Lionn's writing that France is resolved to be content with Reason as soon as ever they do see England fixed to joyn with Spain and the States of the United Provinces So that 't is in our choice whether to make an advantagious War or procure an honest Peace at the first appearance of our preparations in Arms. Whereas on the contrary 't is evident by the Interception of the aforesaid Dispatches that they will despise all manner of Offices and Mediations that are not Armed but rather pursue vigorously their Course whither Fortune shall drive it on so long as they do meet with no powerful Obstacles in the way Therefore because you seem to believe that Spain is reduced to so low a Condition that our Relief would be altogether unuseful to them and serve for nothing but to bring down the Vengeance of France exasperated upon us for God's sake cure your self of this Pannick fear as soon as you can 'T is France endeavours to erect a formidable Power if
did then further say That Mr. Peidloe did fix two Fire-balls to a long Pole and put them into a Window and that he the said Robert Hubert did fire one in the same manner and put it in at the same Window But with all the inquiry and diligence that I could use I could neither find nor hear of any such Vessel And from thence I carried the said Robert Hubert to Tower-hill and did then desire him to shew me the House that they did fire and he said that it was near the Bridge So we went along Thames-street towards the Bridge but before we came to the Bridge the said Robert Hubert said that the House was up there pointing with his hand up Pudding-lane So I bid him go to the place and he went along the Bricks and Rubbish and made a stand Then I did ask one Robert Penny a Wine-porter which was the Bakers House and he told me that was the house where the aforesaid Robert Hubert stood So I went to Robert Hubert and stood by him and turned my Back towards the Bakers House and demanded of him which House it was that he fired directing to other Houses contrary to that house but he turning himself about said This was the house pointing to the Bakers House that was first fired Then by reason of his Lameness I set him on a Horse and carried him to several other places but no other place he would acknowledge but rode back again to the Bakers House and said again That was the House pointing at the bakrs-Bakrs-house And this I do humbly certifie to this Honourable Committee By me John Lowman Keeper of His Majesty's County-Goal for Surry SIR HEaring that you are Chair-man to the Committee for examining the Fire of London I thought good to acquaint you with this Information that I have received William Chapneys a Hatband-maker now living upon Horsly-down was upon Tuesday Morning September the 14th 1666. In Shoe-lane and there met with a Constable who had apprehended a French-man whom he took firing a House there with Fire-balls and charged the said Champneys to assist him who carried the said French-man to Salisbury Court hoping there to have found a Justice but finding that place burning down returned into Fleet-street who was presently called upon by the Commander of the Life Guard to know what the matter was the Constable told him he had apprehended a French-man firing a House in Shoe-lane he examined the Person and committed him to the Guard and told the Constable he would secure him and carried him along with him The Constable asked him whether he should go along with him to give in his Evidence He replyed that he had done enough and might go home But what became of the French-man he knoweth not Your Humble Servant S. G. In a Letter directed from Ipswich for the Honourable Sir Robert Brook it is intimated That about the 30th of August 1666. One of the Constables of Cotton of Hartsmer Hundred being about the Survey of that Town about Hearth-money was told by one Mr. William Thomson a Roman Catholick in that Town That though times were like to be sad yet if he found any cause to change his Religion he would see he should not want And further said to him What will you say if you should hear that London is burnt The Affidavits touching a French-man that said there were three Hundred of them Engaged in Firing the City The Informations of Richard Cound of St. Giles in the Fields Ironmonger William Cotes Samuel Page Francis Cogny Edmond Daikns and Richard Pardoe taken the 8th Day of September 1666. by Sir Justinian Lewen Knight one of his Majesty's Justices of the Peace for the County of Middlesex upon Oath as followeth RIchard Cound saith That upon Tuesday night last about Twelve or one of the Clock there was a French-man brought by the Watch to this Informant's Father's House being at the Sign of the White-hart in King-street taken as a suspicious Person The said Person being questioned by them whether he was not one of those that fired the City or had any Hand therein or any Privity or Knowledge of any that had designed the same or words to that effect the said Person answered a great while in a perverse manner quite different from the Question But being further pressed to tell the truth and being told that if he were guilty it would be the only way to save his Life he did at first obstinately deny that he knew any thing of any Plot. Whereupon a young Man took the Prisoner aside to the end of the Room and after some private Discourse between them they both returned to this Informant and the rest of the Company and the said young Man spake openly to us in the hearing of the Prisoner That the said French-man and Prisoner had confessed there were Three hundred French men that were in a Plot or Conspiracy to fire the City Upon which this Informant and others spake to the said French-man in these Words or to the same effect Well Monsieur you have done very well to confess what you have done and no doubt but you may have your pardon if you will confess all you know of this Plot And thereupon further asked him Are there no more than Three hundred Persons in the said Plot He answered Theree are no more than Three hundred Persons Then we inquired who they were and how he came to know they were Three hundred To which he would give no direct answer but put it off with other extravagant Discourse And being asked why he came to St. Giles's Parish where he was apprehended He told a Story that he came from Islington Fields where his Masters Goods were but the Goods were now removed he could not tell whither and that his Master bid him go up and down the Fields but would not declare upon what Occasion or for what end he was so to do and being asked whether there were Three hundred Persons engaged in this Design or Plot He replyed that there were Three hundred engaged in it The several Informations of William Cotes of Cow-lane of London Painter of Samuel Page of St. Giles in the Fields Weaver of Edmund Dakins of St. Giles aforesaid Bookseller of Francis Cogky of St. Andrews Holborn of Richard Pardoe Victualler taken upon Oath c. tend to the Confirmation of the foregoing Relation An Extract of a Letter from Hydleburgh in the Palatinate September 29. 1666. SIR YOurs of the Sixth currant came on Wednesday to me and brought the ill tidings of the burning of London constantly expected and discoursed of amongst the Jesuits to my knowledge for these fifteen Years last past as to happen in this Year In which they do also promise to themselves and others Introduction of the publick Exercise of the Catholick Religion This Letter was sent to Mr. Alton who lives in New Gravel-lane in Shadwel who negotiates the Business of the Palatinate and will produce the Original if
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-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
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
Alliances can be made for the advantage of the Protestant Religion and Interest which shall give confidence to your Majesty's Allies to joyn so vigorously with your Majesty as the State of that Interest in the World now requires while they see this Protestant Kingdom in so much danger of a Popish Successor by whom at the present all their Councils and Actions may be eluded as hitherto they have been and by whom if he should succeed they are sure to be destroyed We have thus humbly laid before your Majesty some of those great Dangers and Mischiefs which evidently accompany the expectation of a Popish Successor The certain and unspeakable Evils which will come upon your Majesty's Protestant Subjects and their posterity if such a Prince should inherit are more also than we can well enumerate Our Religion which is now so dangerously shaken will then be totally overthrown Nothing will be left or can be found to protect or defend it The execution of old Laws must cease and it will be vain to expect new ones The most sacred Obligations of Contracts and Promises if any should be given that shall be judged to be against the interest of the Romish Religion will be violated as is undeniable not only from Argument and Experience elsewhere but from the sad experience this Nation once had on the like occasion In the Reign of such a Prince the Pope will be acknowledged Supream though the Subjects of this Kingdom have sworn the contrary and all Causes either as Spiritual or in order to Spiritual Things will be brought under his Jurisdiction The Lives Liberties and Estates of all such Protestants as value their Souls and their Religion more than their secular Concernments will be adjudged forfeited To all this we might add That it appears in the discovery of the Plot that Forreign Princes were invited to assist in securing the Crown to the Duke of York with Arguments from his great Zeal to establish Popery and to extirpate Protestants whom they call Hereticks out of his Dominions and such will expect performance accordingly We further humbly beseech Your Majesty in Your great Wisdom to consider Whether in case the Imperial Crown of this Protestant Kingdom should descend to the Duke of York the opposition which may possibly be made to his possessing it may not only endanger the farther descent in the Royal Line but even Monarchy it self For these Reasons we are most humble Petitioners to your most Sacred Majesty That in tender commiseration of your poor Protestant people Your Majesty will be gratiously pleased to depart from the Reservation in Your said Speech and when a Bill shall be tendred to your Majesty in a Parliamentary way to disable the Duke of York from inheriting the Crown Your Majesty will give your Royal Assent thereto and as necessary to fortify and defend the same that your Majesty will likewise be gratiously pleased to Assent to an Act whereby your Majesty's Protestant Subjects may be enabled to Associate themselves for the defence of your Majesty's Person the Protestant Religion and the Security of your Kingdoms These Requests we are constrained Humbly to make to your Majesty as of absolute Necessity for the safe and peaceable Enjoyment of our Religion Without these things the Alliances of England will not be valuable nor the People encouraged to contribute to your Majesties Service As some farther means for the Preservation both of our Religion and Propriety We are Humble Suiters to your Majesty that from henceforth such Persons onely may be Judges within the Kingdom of England and Dominion of Wales as are Men of Ability Integrity and known Affection to the Protestant Religion And that they may hold both their Offices and Sallaries Quam diu se bene gesserint That several Deputy-Lieutenants and Justices of the Peace fitly qualified for those Imployments having been of late displaced and others put in their room who are Men of Arbitrary Principles and Countenancers of Papists and Popery such only may bear the Office of a Lord-Lieutenant as are Persons of integrity and known Affection to the Protestant Religion That Deputy-Lieutenants and Justices of the Peace may be also so qualified and may be moreover Men of Ability of Estates and interest in their Countrey That none may be Imployed as Military Officers or Officers in your Majesties Fleet but Men of known Experience Courage and Affection to the Protestant Religion These our Humble Requests being obtained we shall on our part be ready to Assist your Majesty for the Preservation of Tangier and for putting your Majesties Fleet into such a Condition as it may preserve your Majesties Soveraignty of the Seas and be for the Defence of the Nation If your Majesty hath or shall make any necessary Allyances for defence of the Protestant Religion and Interest and Security of this Kingdom this House will be ready to Assist and stand by your Majesty in the support of the same After this our humble Answer to your Majesties Gracious Speech we Hope no evil Instruments whatsoever shall be able to lessen your Majesties Esteem of that Fidelity and Affection we bear to your Majesties Service but that your Majesty will always retain in your Royal Breast that Favourable Opinion of us your Loyal Commons that those other Good Bills which we have now under Consideration Conducing to the Great Ends we have before mentioned as also all Laws for the Benefit and Comfort of your People which shall from time to time be tendred for your Majesties Royal Assent shall find acceptance with your Majesty The Report of the Committee of the Commons appointed to Examine the Proceedings of the Judges c. THis Committee being Inform'd that in Trinity-Term last the Court of Kings-Bench discharg'd the Grand Jury that serv'd for the Hundred of Ossulston in the County of Middlesex in a very unusual manner proceeded to enquire into the same and found by the Information of Charles Umfrevil Esq Foreman of the said Jury Edward Proby Henry Gerard and John Smith Centlemen also of the said Jury That on the 21st of June last the Constables attending the said Jury were found Defective in not presenting the Papists as they ought and thereupon were ordered by the said Jury to make further Presentments of them on the 26. following on which Day the Jury met for that purpose when several Peers of this Realm and other Persons of Honour and Quality brought them a Bill against James Duke of York for not coming to Church But some exceptions being taken to that Bill in that it did not set forth the said Duke to be a Papist some of the Jury Attended the said persons of Quality to receive satisfaction therein In the mean time and about an Hour after they had received the said Bill some of the Jury attended the Court of Kings-Bench with a Petition which they desired the Court to present in their Name unto His Majesty for the Sitting of this Parliament Upon which the Lord
Book called The Weekly Pacquet of Advice from Rome is Illegal and Arbitrary thereby usurping to themselves Legislative Power to the great Discouragement of the Protestants and for the Countenancing of Popery III. That it is the Opinion of this House That the Court of King's Bench in the Imposition of Fines on Offenders of late Years have acted Arbitrarily Illegally and Partially favouring Papists and Persons Popishly affected and excessively oppressing His Majesty's Protestant Subjects IV. That it is the Opinion of this House That the refusing sufficient Bail in these Cases wherein the Persons committed were Bailable by Law was Illegal and a high Breach of the Liberties of the Subject V. That it is the Opinion of this House That the said Expressions in the Charge given by the said Baron Weston were a Scandal to the Reformation and tending to raise Discord between His Majesty and His Subjects and to the Subversion of the Ancient Constitution of Parliaments and of the Government of this Kingdom VI. That it is the Opinion of this House That the said Warrants are Arbitrary and Illegal The Resolutions of the Commons for the Impeachment of the said Judges Resolved THat Sir William Scroggs Knight Chief Justice of the Court of King's Bench be Impeached upon the said Report and the Resolutions of the House thereupon Resolved That Sir Thomas Jones one of the Justices of the said Court of King's Bench be Impeached upon the said Report and Resolutions of the House thereupon Resolved That Sir Richard Weston one of the Barons of the Court of Exchequer be Impeached upon the said Report and Resolutions of the House thereupon Ordered That the Committee appointed to prepare an Impeachment against Sir Francis North Chief Justice of the Court of Common-Pleas do prepare Impeachments against the said Sir William Scroggs Sir Thomas Jones and Sir Richard Weston upon the said Report and Resolutions Ordered That the said Report and several Resolutions of this House thereupon be printed and that Mr. Speaker take care in the Printing thereof apart from this Days other Votes The Report from the Committee of the Commons in Parliament appointed by the Honourable House of Commons to Consider the Petition of Richard Thompson of Bristol Clerk And to Examine Complaints against him And the Resolution of the Commons in Parliament upon this Report for his Impeachment of high Crimes and Misdemeanours Friday Decemb. 24. 1680. At the Committee appointed to take into Consideration the Petition of Richard Thompson Clerk and to Examine the Complaints against him In the First Place THe Committee read unto the said Thompson the Heads of the Complaint against him Which for the most part he denying desired to have his Accusers brought Face to Face Whereupon the Committee proceeded to the Examination of Witnesses to prove the said Complaint The First Witness Examined saith That there being a great Noise and Rumor that Mr. Thompson had prepared a Sermon to be Preached on the Thirtieth of January 1679. the said Witness went to the said sermon and did hear Mr. Thompson publickly declare That the Presbyterians were such Persons as the very Devil Blush't at them and that the Villain Hamden grudged and made it more Scruple of Conscience to give Twenty Shillings to the KING for supplying his Necessities by Ship-Money and Loan which was His Right by Law than to raise Rebellion against Him And that the Presbyterians are worse and far more Intolerable than either Priests or Jesuites The Second saith That hearing a great Talk and Noise spread of a Sermon to be Preached by Mr. Thompson on the Thirtieth of January 1679. was minded to hear the same and accordingly did at which he writ some Notes amongst which he saith That Mr. Thompson openly preached That the Devil Blush't at the Presbyterians and that the Villain Hamden grudged more to give the KING Twenty Shillings which was his just due by Law Ship-money and Loan than to raise Rebellion against Him and that a Presbyterian-Brother qua talis was as great a Traitour by the Statute as any Priest or Jesuite whatsoever That he heard that Mr. Thompson said That he hoped the Presbyterians would be pulled out of their Houses and the Jails filled with them and wish't their Houses burnt The Third saith That he was Cited to the Bishop's Court to Receive the Sacrament last Easter but being out of Town at that Time did Receive it at a Place called Purl in Wiltshire and that a Month after he came Home Was again Cited to the said Court and he did accordingly appear and told the Court That he hoped his Absence and Business might be accepted for a Lawful Excuse Upon which Mr. Thompson immediately said That they would proceed to Excommunicate him Upon which this Informant produced his Certificate of which the Chancellor approved and said It was Lawfull Hereupon Mr. Thompson said That his Receiving the Sacrament from any other Minister than the Minister of the Parish wherein he dwelled Was Damnation to his Soul and that he would maintain this Doctrine The Fourth saith That being at Bristol-Fair he heard a great talk and noise of a Satyr-Sermon prepared and designed to be Preached by Mr. Thompson against the Presbyterians on the Thirtieth of January 1679 and that very many resorted to hear him In which Sermon the said Mr. Thompson declared and said That there was a great Talk of a Plot but says he a Presbyterian is the man And further added That the Villain Hamden scrupled to give the King 20s upon Ship-Money and Loan which was his due by law but did not Scruple to raise Rebellion against Him The Fifth saith That Mr. Thompson in a Sermon preached the Thirtieth of January 1679. did say That the Presbyterians did seem to out-vie Mariana and that Calvin was the first that Preached the King-Killing Doctrine and that after he had quoted Calvin often said If this be true then a Presbyterian-Brother qua talis is as great a Traitor as any Priest or Jesuite And that then he condemned all the Proceedings of Parliaments The Sixth saith That the said Mr. Thompson had utter'd many scandalous words concerning the Act for Burying in Woollen affirming That the makers of that Law were a Company of Old Fools and Fanaticks and that he would bring a School-Boy should make a better Act than that and Construe it when he had done The Seventh saith That Mr. Thompson in a Sermon by him Preached while Petitions for the sitting of this Parliament were on Foot speaking of a Second Rebellion by the Scotch who had Framed a Formidable Army and came as far as Durham to deliver a Petition forsooth that they seemed rather to Command than Petition their Sovereign to grant And Comparing that Petition with the then Petition on Foot greatly inveigh'd against it and scoffed much at it The Eighth saith That Mr. Thompson when the Petition was on foot for the sitting of this Parliament used at the Funeral Sermon of one Mr. Wharton these
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-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
it hath been to cut the Tacklings and to steer contrary to the Pilot's Directions he thinks such safer by far shut up under Hatches then set at Liberty or employ'd to do mischief As for his supposition of 30000 men to be sent out of Ireland into Handers I cannot tell what to make on 't Let them crack the Shell that hope to find the Kernel in it For my part I despair though the readiness of the English Souldiers of Ireland who at twenty four hours warning came into England to serve His Majesty in the time of Monmouth's Rebellion ought to have been remembered to their advantage and might serve to any unprejudic'd person as a Pattern of the Loyalty and good Inclinations of all the Protestants in that Kingdom if his Majesty had had occasion for them VVhether the Parliament will Repeal the Test for those several weighty Reasons our Author says are fitter for contemplation than Discourse tho methinks it would be pleasant to see a House of Common sit like the Brethren at a silent Meeting is not my Province to determine As likewise VVhether they will so much consider that Grand Reason the King will have it so for his Conscience and theirs may differ or what the diffenters will do I cannot tell One thing I am sure of there will be no such Stumbling-block in the way of the King's desires when they meet as the present condition of Ireland they will be apt when His Majesty tells them they shall have their equal shares in Employments when they have Repealed the Laws to say Look at Ireland see what is done there where the Spirit of Religion appears bare fac'd and accordingly compute what may become of us when we have removed our own legal Fences since they now leap over those Hedges what may we expect when they are quite taken away Poyning's Law is a great grievance to our Author and here in one word he discovers that 't is the dependance this Kingdom has on England he quarrels at 'T is fit the Reader should understand that Law enacted when Poynings was Lord Deputy makes all the English Acts of Parliament of force in Ireland we are therefore so fond of that Law and cover so much to preserve our dependance on England that all the Arguments our Author can bring shall not induce us to part with it I will not reflect in the least on the Courage of the Irish I know there are several brave men among them but they have had the misfortune to fall under the Consideration of as our Author softens it but the plain sence is been beaten by a warlike Nation And I question not unless they behave themselves modestly in their Prosperity they will again fall under the Consideration of the same Nation 't is better we should live in peace and quietness but the Choice is in their hands and if they had rather come under our consideration again than avoid it let them look to the Consequence Another advantage which may accrue to Ireland by a Native as a Governour our Author reckons to be His personal knowledge of the Tories and their Harbourers and his being thereby better capacitated to suppress them Malicious People would be apt to infer from this Suggestion that his Excellency had occasion formerly to be familiarly acquainted with such sort of Cattle I have heard indeed that one of our bravest English Princes Henry the during the Extravagancies of his youth kept Company with publick Robbers and often shar'd both in the Danger and Booty But as soon as the Death of his Father made way for his Succession to the Crown he made use of his former acquaintance of their Persons and Haunts to the extirpating and dissolving the greatest knot of Highway-men that ever troubled England My Lord therefore in imitation of this great Prince no doubt will make use of his Experience that way to the same end And I readily assent to the Author that no English Governour can be so fit to clear that Kingdom of Tories and that for the same reason he gives us There are two other Advantages remaining one is his Excellency's having already made different Parties in that Kingdom the Objects of his Love and Hatred let the Offences of the one or the Merits of the other be never so conspicuous Whether the Brittish can draw any comfort from his Excellency's knowledge of them this way is fit to be debated The other is the probality of his getting the Statute for benefit of Clergy in favour of Cow-Stealers and House Robbers Repealed and where by the way there is a severe Rebuke given to our English Priests for their ill-placed Mercy to Irish Offenders A fault I hope they will be no more guilty of Whether these Advantages be so considerable as to move his Majesty to continue a Man for other more weighty Reasons absolutely destructive to this Kingdom or whether some of them might not be performed by an English Governour His Majesty is the only Judge Only this I am sure of The King if he were under any Obligations to His Minister has fully discharged them all and has shewed himself to be the best of Masters in giving so great and honourable an Employment to his Creature and continuing him in it so long notwithstanding the decrease of his own Revenue and the other visible bad effects of his Management the Impoverishment of that Kingdom amounting to at least two Millions of Mony And His Majesty may be now at liberty without the least imputation of Breach of promise to his Servant to restore us to our former flourishing condition by sending some English Nobleman among us whose contrary Methods will no doubt produce different effects To conclude methinks the comparison between His Majesty and Philip of Macedon when he was drunk is a little too familiar not to say unmannerly and that between Antipater and my Lord Tyrconnel is as great a Complement to the latter But provided my Lord be commended which was our Author's chief design he cares not tho' the comparison does not hold good in all points 't is enough that we know we are Govern'd by such a Prince that neither practises such Debauches himself nor allows of them in his Servants But we are not beholding to the Author for the knowledge of this should a Foreigner read his Pamphler or get it interpreted to him he would be apt and with reason to conclude that His Majesty as much resembled Philip in a Debauch as my Lord Tyrconnel doth sober Antipater I have now done with all that seems of any weight in our Author's Pamphlet and can see nething in his Postscript that deserves an Answer All that I will say is That his Recipes bear no proportion to our desperate Disease and he will prove not to be a Physitian but a pretending Quack who by ill applied Medicines will leave us in a worse Condition than he found us I shall conclude with telling you That your Letter which enclosed
him and that 't is no wonder he should exact an Obedience without reserve from his Subjects in Scotland seeing he himself yields an Obedience without reserve to the Jesuits 'T is known how that by the Rules of their Institution no Jesuit is capable of the Mitre and that if the Ambition of any of them should tempt him to seek or accept the Dignity of a Prelate he must for being capacitated thereunto renounce his Membership in the Order Yet so great is His Majesties Passion for the Honor and Grandeur of the Society and such is their Domination and absolute Power over him that no less will serve him neither would they allow him to insist upon less than that the Pope should dispense with Father Peters being made a Bishop without his ceasing to be a Jesuit or the being transplanted into another Order And this the old Gentleman at Rome hath been forced at last to comply with and to grant a Dispensation whereby Father Peters shall be capable of the Prelature notwithstanding his remaining in the Ignatian Order the Jesuits through their Authority over the King not suffering him to recede from his Demand and His Majesty's Zeal for the Society not permitting him to comply either with the Prayers or the Conscience and Honor of the Supreme Pontiff Not only the King's Unthankfulness unto but his illegal Proceedings against and his Arbitrary invading the Rights of those who stood by him in all his Dangers and Difficulties and who were the Instruments of preventing his Exclusion from the Crown and the chief means both of his Advancement to the Throne and his being kept in it are so many new Evidences of the ill will he bears to all Protestants and what they are to dread from him as Occasions are Administred of Injuring and Oppressing them and may serve to convince all impartial and thinking People that his Popish Malice to our Religion is too strong for all Principles of Honor and Gratitude and able to cancel the Obligations which Friendship for his Person and Service to his Interest may be supposed to have laid him under to any heretofore Had it not been for many of the Church of England who stood up with a Zeal and Vigor for preserving the Succession in the right Line beyond what Religion Conscience Reason or Interest could conduct them unto he had never been able to have out-wrestled the Endeavors of Three Parliaments for ex-excluding him from the Imperial Crown of England And had it not been for their Abetting and standing by him with their Swords in their Hands upon the Duke of Monmouth's Descent into the Kingdom Anno 1685 he could not have avoided the being driven from the Throne and the having the Scepter wrested out of his Hand Whosoever had the Advantage of knowing the Temper and Genius of the late King and how afraid he was of embarking into any thing that might import a visible Hazard to the Peace of his Government and draw after it a general Disgust of his Person will be soon satisfied that if all his Protestant Subjects had united in their Desires and concurred in their Endeavors to have had the Duke of York debarred from the Crown that his late Majesty would not have once scrupled the complying with it and that his Love to his Dear Brother would have given way to the Apprehension and Fear of forfeiting a Love for himself in the Hearts of his People especially when what was required of him was not an Invasion upon the Fundamentals of the Constitution of the English Monarchy nor dissonant from the Practice of the Nation in many repeated Instances Nor can there be a greater Evidence of the present King 's ill Nature Romish Bigottry and prodigious Ingratitude as well as of the Design he is carrying on against our Religion and Laws than his Carriage and Behavior towards the Church of England tho I cannot but acknowledge it a righteous Judgment upon them from God and a just Punishment for their being not only so unconcerned for the Preservation of our Religion and Liberties in avoiding to close with the only Methods that were adapted thereunto but for being so Passionate and Industrious to hasten the Loss of them through putting the Government into ones hands who as they might have foreseen would be sure to make a Sacrifice of them to his beloved Popery and to his inordinate Lust after despotical and Arbitrary Power And as the only Example bearing any Affinity to it is that of Louis XIV who in recompence to his Protestant Subjects for maintaining him on the Throne when the late Prince of Conde assisted by Papists would have wrested the Crown from him hath treated them with a Barbarity whereof that of Antiochus towards the Jews and that of Diocletian and Maximian towards the Primitive Christians were but scanty and imperfect Draughts so there wants nothing for compleating the Parallel between England and France but a little more time and a fortunate Opportunity and then the deluded Church-men will find that Father Peters is no less skillful at Whitehall for transforming their Acts of Loyalty and Merit towards the King into Crimes and Motives of their Ruin than Pere de la Chaise hath shewn himself at Versailles where by an Art peculiar to the Jesuits he hath improved the Loyalty and Zeal of the Reformed in France for the House of Bourbon into a reason of alienating that Monarch from them and into a ground of his destroying that dutiful and obedient People It will not be amiss to call over some of his Majesty's Proceedings towards the Church of England that from what hath been already seen and felt both they and all English Protestants may the better know what they are to expect and look for hereafter Tho it be a Method very unbecoming a Prince yet it shews a great deal of Spleen to turn the former Persecution of Dissenters so maliciously upon the Prelatical and Conforming Clergy as his Majesty doth in his Letter to Mr. Alsop in stiling them a Party of Protestants who think the only way to advance their Church is by undoing those Churches of Christians that differ from them in smaller Matters Whereas the Severity that the Fanaticks met with had much of its Original at Court where it was formed and designed upon Motives of Popery and Arbitrariness and the Resentment and revengeful Humor of some of the old Prelates and other Church-men that had suffered in the late times was only laid hold of the better to justifie and improve it And tho it be too true that many of the dignified Rank as well as of the little Levites were both extremely fond of it and contentiously pleaded for it yet it is as true that most of them did it not upon Principles of Judgment and Conscience but upon Inducements of Retaliation for conceived Injuries and upon a belief of its being the most compendious Method to the next Preferment and Benefice and the fairest way of standing
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
by Hundreds of Thousands at once 4. Because the Dragooners have made more Converts than all the Bishops and Clergy of France 5. The Parliament ought to establish one standing Army at the least because indeed there will be need of Two that one of them may defend the People from the other 6. Because it is a thousand pities that a brave Popish Army should be a Riot 7. Unless it be Established by Act of Parliament The Justices of Peace will be forced to suppress it in their own Defence for they will be loth to forfeit an hundred Pounds every day they rise out of Complement to a Popish Rout. 13 H. 4. c. 7. 2 H. 5. c. 8. 8. Because a Popish Army is a Nullity For all Papists are utterly disabled and punishable besides from bearing any Office in Camp Troop Band or Company of Soldiers and are so far disarmed by Law that they cannot wear a Sword so much as in their Defence without the allowance of four Justices of the Peace of the County And then upon a March they will be perfectly Inchanted for they are not able to stir above five Miles from their own Dwelling-house 3. Jac. 5. Sect. 8.27 28 29.35 Eliz. 2.3 Jac. 5. Sect. 7. 9. Because Persons utterly disabled by Law are utterly Unauthorized and therefore the void Commissions of Killing and Slaying in the Hands of Papists can only enable them to Massacre and Murder To the King 's Most Excellent Majesty The Humble Petition of William Arch-Bishop of Canterbury and divers of the Suffragan Bishops of that Province now present with him in behalf of themselves and others of their absent Brethren and of the Clergy of their respective Diocesses Humbly sheweth THAT the great averseness they find in themselves to the distributing and publishing in all their Churches your Majesty's late Declaration for Liberty of Conscience proceeds neither from any want of Duty and Obedience to your Majesty our Holy Mother the Church of England being both in her Principles and in her constant Practice unquestionably Loyal and having to her great Honour been more than once publickly acknowledg'd to be so by your Gracious Majesty Nor yet from any want of due tenderness to Dissenters in relation to whom they are willing to come to such a Temper as shall be thought fit when that Matter shall be considered and settled in Parliament and Convocation But among many other Considerations from this especially because that Declaration is founded upon such a Dispensing Power as has been often declared Illegal in Parliament and particularly in the years 1662 and 1672. and in the beginning of your Majesty's Reign and is a matter of so great Moment and Consequence to the whole Nation both in Church and State that your Petitioners cannot in Prudence Honour or Conscience so far make themselves Parties to it as the distribution of it all over the Nation and the solemn Publication of it once and again even in God's House and in the Time of his Divine Service must amount to in common and reasonable Construction Your Petitioners therefore most Humbly and Earnestly beseech your Majesty that you will be ciously pleased not to insist upon their Distributing and Reading your Majesty's said Declaration And Your Petitioners as in Duty bound shall ever Pray Will. Cant. Will. Asaph Fr Ely Jo. Cicestr Tho. Bathon Wellen. Tho. Peterburgen Jonath Bristol His Majesties Answer was to this effect I Have heard of this before but did not believe it I did not expect this from the Church of England especially from some of you If I change my Mind you shall hear from me if not I expect my Command shall be obeyed The PETITION of the Lords Spiritual and Temporal for the Calling of a Free Parliament Together with his Majesty's Gracious Answer to their Lordships To the KING 's most Excellent Majesty The Humble Petition of the Lords Spiritual and Temporal whose Names are subscribed May it please your Majesty WE your Majesty's most loyal Subjects in a deep sense of the Miseries of a War now breaking forth in the Bowels of this your Kingdom and of the Danger to which your Majesty's Sacred Person is thereby like to be exposed and also of the Distractions of your People by reason of their present Grievances do think our selves bound in Conscience of the duty we owe to God and our holy Religion to your Majesty and our Country most humbly offer to your Majesty That in our Opinion the only visible Way to preserve your Majesty and this your Kingdom would be the Calling of a Parliament Regular and Free in all its Circumstances We therefore do most earnestly beseech your Majesty That you would be graciously pleased with all speed to call such a Parliament wherein we shall be most ready to promote such Counsels and Resolutions of Peace and Settlement in Church and State as may conduce to your Majesty's Honour and Safety and to the quieting the Minds of your People We do likewise humbly beseech your Majesty in the mean time to use such means for the preventing the Effusion of Christian Blood as to your Majesty shall seem most meet And your Petitioners shall ever pray c. W. Cant. Grafton Ormond Dorset Clare Clarendon Burlington Anglesey Rochester Newport Nom. Ebor. W. Asaph Fran. Ely Tho. Roffen Tho. Petriburg Tho. Oxon. Paget Chandois Osulston Presented by the Arch-Bishop of Canterbury the Arch-Bishop of York Elect the Bishop of Ely and the Bishop of Rochester the 17th of November 1688. His Majesty's most Gracious Answer My LORDS What You ask of Me I most passionately desire And I promise You upon the Faith of a King That I will have a Parliament and such an One as You ask for as soon as ever the Prince of Orange has quitted this Realm For How is it possible a Parliament should be Free in all its Circumstances as You Petition for whil'st an Enemy is in the Kingdom and can make a Return of near an Hundred Voices The Lords Petition with the King's Answer may be printed Novemb. 29. 1688. The P. O.'s Letter to the English Army Gentlemen and Friends WE have given you so full and so true an Account of Our Intentions in this Expedition in Our Declaration that as We can add nothing to it so We are sure you can desire nothing more of us We are come to preserve your Religion and to restore and establish your Liberties and Properties and therefore We cannot suffer Our selves to doubt but that all true English men will come and concur with Us in Our desire to secure these Nations from POPERY and SLAVERY You must all plainly see that you are only made use of as Instruments to enslave the Nation and ruin the Protestant Religion and when that is done you may judge what ye your selves ought to expect both from the cashiering of all the Protestant and English Officers and Soldiers in Ireland and by the Irish Soldiers being brought over to be put in your places
in your Kingdoms as here in the Roman Empire But now we refer it even to your Majesty to judg what condition we can be in to afford you any Assistance we being not only Engaged in a War with the Turks but finding our selves at the same time unjustly and barbarously Attacked by the French contrary to and against the Faith of Treaties they then reckoning themselves secure of England And this ought not to be concealed that the greatest Injuries which have been done to our Religion have flowed from no other than the French themselves who not only esteem it lawful for them to make perfidious Leagues with the sworn Enemies of the Holy Cross tending to the destruction both of us and of the whole Christian World in order to the checking our Endeavours which were undertaken for the glory of God and to stop those Successes which it hath pleased Almighty God to give us hitherto but further have heaped one Treuchery upon another even within the Empire it self The Cities of the Empire which were Surrendred upon Articles signed by the Dauphin himself have been exhausted by excessive Impositions and after their being exhausted have been Plundred and after Plundring have been Burned and Razed The Palaces of Princes which in all times and even in the most destructive Wars have been preserved are now burnt down to the ground The Churches are Robbed and such as submitted themselves to them are in a most Barbarous manner carried away as Slaves In short It is become a Diversion to them to commit all manner of Insolences and Cruelties in many places but chiefly in Catholick Countries exceeding the Cruelties of the Turks themselves which having imposed an absolute necessity upon us to secure our selves and the holy Roman Empire by the best means we can think on and that no less against them than against the Turks we promise our selves from your Justice ready assent to this That it ought not to be imputed to us if we endeavour to procure by a just War that security to our selves which we could not hitherto obtain by so many Treaties and that in order to the obtaining thereof we take measures for our mutual Defence of Preservation with all those who are equally concerned in the same Design with us It remains that we beg of God that he would Direct all things to his glory and that he would grant your Majesty true and solid Comforts under this your great Calamity we embrace you with tender Affections of a Brother At Vienna the 9th of April 1689. The Declaration of the Lords Spiritual and Temporal and Commons Assembled at Westminster concerning the Misgovernment of King James and filling up the Throne Presented to King William and Queen Mary by the right Honourable the Marquess of Hallifax Speaker to the House of Lords With His Majesties most gracious Answer thereunto WHereas the late King James the Second by the Assistance of divers Evil Counsellors Judges and Ministers Imploy'd by Him did endeavour to Subvert and Extirpate the Protestant Religion and the Laws and Liberties of this Kingdom By Assuming and Exercising a Power of Dispensing with and Suspending of Laws and the Execution of Laws without consent of Parliament By Committing and Prosecuting divers Worthy Prelates for humbly Petitioning to be Excused from concurring to the said assumed Power By 〈◊〉 and causing to be executed a Commission under the great Seal for erecting a Court called The Court of Commissioners for Ecclesiastical Causes By Levying Mony for and to the Use of the Crown by pretence of Prerogative for other time and in other manner than the same was granted by Parliament By raising and keeping a standing Army within this Kingdom in the time of Peace whithout consent of Parliament and Quartering Soldiers contrary to Law By causing several good Subjects being Protestants to be Disarmed at the same time when Papists were both Armed and Imployed contrary to Law By violating the Freedom of Election of Members to serve in Parliament By Prosecutions in the Court of King's-Bench for Matters and Causes cognizable only in Parliament and by divers other Arbitrary and Illegal Courses And whereas of late Years Partial Corrupt and Unqualified Persons have been returned and served on Juries in Tryals and particularly divers Jurors in Tryals for High-Treason which were not Free-holders And Excessive Bail hath been required of Persons committed in Criminal Cases to elude the Benefit of the Laws made for the Liberty of the Subjects And Excessive Fines have been Imposed And Illegal and Cruel Punishments inflicted And several Grants and Promises made of Fines and Forfeitures before any Convictions or Judgment against the Persons upon whom the same were to be Levied All which are utterly and directly contrary to the known Laws and Statutes and Freedom of this Realm And whereas the said late K. James the Second having abdicated the Government and the Throne being thereby vacant His Highness the Prince of Orange whom it hath pleased Almighty God to make the glorious Instrument of Delivering this Kingdom from Popery and Arbitrary Power did by the Advice of the Lords Spiritual and Temporal and divers principal Persons of the Commons cause Letters to be written to the Lords Spiritual and Temporal being Protestants and other Letters to the several Counties Cities Universities Burroughs and Cinque-Ports for the Chusing of such Persons to represent them as were of Right to be sent to Parliament to Meet and Sit at Westminster upon the 22d Day of January in this Year 1688 in order to such an Establishment as that their Religion Laws and Liberties might not again be in danger of being Subverted Upon which Letters Elections having been accordingly made And thereupon the said Lord's Spiritual and Temporal and Commons pursuant to their respective Letters and Elections being now Assembled in a Full and Free Representative of this Nation taking into their most serious Consideration the best Means for attaining the Ends aforesaid do in the first place as their Ancestors in like Case have usually done for the Vindicating and Asserting their Ancient Rights and Liberties Declare That the pretended Power of Suspending of Laws or the Execution of Laws by Regal Authority without Consent of Parliament is Illegal That the pretended Power of Dispensing with Laws or the Execution of Laws by Regal Authority as it hath been assumed and exercised of late is Illegal That the Commission for erecting the late Court of Commissioners for Ecclesiastical Causes and all other Commissions and Courts of the like Nature are Illegal and Pernicious That levying of Mony for or to the Use of the Crown by pretence of Prerogative without grant of Parliament for longer time or in other manner than the same is or shall be granted is Illegal That it is the Right of the Subjects to Petition the King and all Commitments and Prosecutions for such Petitioning are Illegal That the Raising or Keeping a standing Army within the Kingdom in time of Peace unless it be with
Consent of Parliament is against Law That the Subjects which are Protestants may have Arms for their Defence suitable to their Condition and as allowed by Law That Election of Members of Parliament ought to be Free That the Freedom of Speech and Debates or Proceedings in Parliament ought not to be impeached or questioned in any Court or place out of Parliament That excessive Bail ought not to be required nor excessive Fines imposed nor cruel and unusual Punishments inflicted That Jurors ought to be duly empannell'd and return'd and Jurors which pass upon Men in Tryals for High-Treason ought to be Freeholders That all grants and promises of Fines and Forfeitures of particular Persons before Conviction are Illegal and Void And that for Redress of all Grievances and for the amending strengthening and preserving of the Laws Parliaments ought to be held frequently And they do claim demand and insist upon all and singular the Premises as their undoubted Rights and Liberties and that no Declarations Judgments Doings or Proceedings to the prejudice of the People in any of the said Premises ought in any wise to be drawn hereafter into Consequence or Example To which Demand of their Rights they are particularly encouraged by the Declaration of His Highness the Prince of Orange as being the only Means for obtaining a full redress and remedy therein Having therefore an intire Confidence that his said Highness the Prince of Orange will perfect the Deliverance so far advanced by Him and will still preserve them from the Violation of their Rights which they have here asserted and from all other Attempts upon their Religion Rights and Liberties The said Lords Spiritual and Temporal and Commons Assembled at Westminster do resolve That William and Mary Prince and Princess of Orange be and be declared King and Queen of England France and Ireland and the Dominions thereunto belonging to hold the Crown and Royal Dignity of the said Kingdoms and Dominions to them the said Prince and Princess during their Lives and the Life of the Survivor of them And that the sole and full Exercise of the Regal Power be only in and executed by the said Prince of Orange in the Names of the said Prince and Princess during their joynt lives and after their Deceases the said Crown and Royal Dignity of the said Kingdoms and Dominions to be to the Heirs of the Body of the said Princess and for default of such Issue to the Princess Ann of Denmark and the Heirs of Her Body and for default of such Issue to the Heirs of the Body of the said Prince of Orange And the said Lords Spiritual and Temporal and Commons do pray the said Prince and Princess of Orange to accept the same accordingly And that the Oaths hereafter mentioned be taken by all Persons of whom the Oaths of Allegiance and Supremacy might be required by Law instead of them and that the said Oaths of Allegiance and Supremacy be Abrogated I A. B. do sincerely promise and swear That I will be Faithful and bear true Allegiance to their Majesties King WILLIAM and Queen MARY So help me God I A. B. do swear That I do from my Heart Abhor Detest and Abjure as Impious and Heretical this Damnable Doctrin and Position That Princes Excommunicated or Deprived by the Pope or any Authority of the See of Rome may be Deposed or Murthered by their Subjects or any other whatsoever And I do declare That no Foreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preeminence or Authority Ecclesiastical or Spiritual within this Realm So help me God Jo. Browne Cleric ' Parl. Die Veneris 15 Feb. 1688. His Majesties Gracious Answer to the Declaration of both Houses My Lords and Gentlemen THIS is certainly the greatest proof of the Trust you have in Vs that can be given which is the thing that maketh us value it the more and we thankfully Accept what you have Offered And as I had no other Intention in coming hither than to preserve your Religion Laws and Liberties so you may be sure That I shall endeavour to support them and shall be willing to concur in any thing that shall be for the Good of the Kingdom and to do all that is in my Power to advance the Welfare and Glory of the Nation Jo. Browne Cleric ' Parliamentorum Die Veneris 〈◊〉 Februarii 1688. ORdered by the Lords Spiritual and Temporal Assembled at Westminster That His Majesties Gracious Answer to the Declaration of both Houses and the Declaration be forthwith Printed and Published And that His Majesties Gracious Answer this Day be added to the Engrossed Declaration in Parchment to be Enrolled in Parliament and Chancery A PROCLAMATION WHereas it hath pleased Almighty God in his Great Mercy to this Kingdom to Vouchsafe us a Miraculous Deliverance from Popery and Arbitrary Power and that our Preservation is due next under God to the Resolution and Conduct of His Highness the Prince of ORANGE whom God hath Chosen to be the Glorious Instrument of such an Inestimable Happiness to us and our Posterity And being highly sensible and fully persuaded of the Great and Eminent Vertues of Her Highness the Princess of ORANGE whose Zeal for the Protestant Religion will no doubt bring a Blessing along with Her upon this Nation And whereas the Lords and Commons now Assembled at Westminster have made a Declaration and Presented the same to the said Prince and Princess of ORANGE and therein desired them to Accept the Crown who have Accepted the same Accordingly We therefore the Lords Spiritual and Temporal and Commons together with the Lord Mayor and Citizens of London and others of the Commons of this Realm do with a full Consent Publish and Proclaim according to the said Declaration WILLIAM and MARY Prince and Princess of ORANGE to be KING and QUEEN of England France and Ireland with all the Dominions and Cerritories thereunto belonging Who are accordingly so to be Owned Deemed Accepted and taken by all the People of the aforesaid Realms and Dominions who are from henceforward bound to Acknowledge and Pay unto them all Faith and true Allegiance Beseeching God by whom Kings Reign to Bless King WILLIAM and Queen MARY with Long and Happy Years to Reign over Vs. God Save King WILLIAM and Queen MARY Jo. Brown Cleric ' Parliamentorum The Declaration of the Estates of Scotland concerning the Misgovernment of King James the Seventh and filling up the Throne with King William and Queen Mary THAT King James the 7th had acted irregularly 1. By His Erecting publick Schools and Societies of the Jesuits and not only allowing Mass to be publickly said but also inverting Protestant Chapels and Churches to Publick mass-Mass-houses contrary to the express Laws against saying and hearing of Mass 2. By allowing Popish Books to be Printed and Dispersed by a Gift to a Popish Printer designing him Printer to his Majesties Houshold College and Chapel contrary to the Laws
That the using Torture without Evidence or in ordinary Crimes is contrary to Law That the sending of an Army in a Hostile manner upon any part of the Kingdom in a peaceable time and exacting of Locality and any manner of free Quarter is contrary to Law That the charging the Lieges with Law-burroughs at the King's instance and the imposing of Bands without the Authority of Parliament and the suspending the Advocates from their Imployments for not compearing when such Bands were offered were contrary to Law That the putting of Garisons on private Mens Houses in a time of peace without the consent of the Authority of Parliament is contrary to Law That the opinion of the Lords of Session in the two Causes following were contrary to Law viz. 1. That the concerting the demand of a Supply for a Forfaulted Person although not given is Treason 2. That Persons refusing to discover what are their private thoughts and judgments in relation to points of Treason or other Mens actions are guilty of Treason That the fining Husbands for their Wives withdrawing from the Church was contrary to Law That Prelacy and Superiority of any Office in the Church above Presbyters is and hath been a great and unsupportable Grievance and Trouble to this Nation and contrary to the Inclinations of the Generality of the People ever since the Reformation they having Reformed from Popery by Presbyters and therefore ought to be abolished That it is the Right and Privilege of the Subjects to protest for remand of Law to the King and Parliament against Sentences pronounced by the Lords of Session providing the same do not stop execution of the said Sentences That it is the Right of the Subjects to Petition the King and that all Imprisonments and Prosecutions for such Petitions are contrary to Law That for redress of all Grievances and for the amending strengthning and preserving of the Laws Parliaments ought to be frequently called and allowed to sit and the freedom of Speech and Debate secured to the Members And they do claim and demand and insist upon all and sundry the Premisses as their undoubted Right and Liberties and that no Declarations Doings or Proceedings to the prejudice of the People in any of the said Premisses ought in any ways to be drawn hereafter in consequence and example but that all Forfaultures Fines loss of Offices Imprisonments Banishments Pursuits Persecutions and Rigorous Executions be considered and the Parties seized be redressed To which demand of the Rights and Redressing of their Grievances they are particularly incouraged by his Majesty the King of England his Declaration for the Kingdom of Scotland of the _____ day of October last as being the only means for obtaining a full Redress and remead therein Having therefore an entire Confidence That his said Majesty the King of England will perfyte the Deliverance so far advanced by him and will still preserve them from the Violation of the Rights which they have here asserted and from all other Attempts upon their Religion Laws and Liberties The said Estates of the Kingdom of Scotland do resolve That William and Mary King and Queen of England France and Ireland â—e and Be Declared King and Queen of Scotland to Hold the Crown and Royal Dignity of the said Kingdom of Scotland to them the said King and Queen during their Lives and the longest Liver of them and that the sole and full exercise of the Royal Power be only in and exercised by him the said King in the Names of the said King and Queen during their joynt lives And after their deceases the said Crown and Royal Dignity of the said Kingdom to be to the Heirs of the Body of the said Queen Which failing to the Princess Ann of Denmark and the Heirs of her Body Which also failing to the Heirs of the Body of the said William King of England And they do pray the said King and Queen of England to accept the same accordingly And that the Oath hereafter mentioned be taken by all Protestants of whom the Oath of Allegiance and any other Oaths and Declarations might be required by Law instead thereof And that the said Oath of Allegiance and other Oaths and Declarations may be Abrogated I A. B. Do sincerely Promise and Swear That I will be Faithful and bear True Allegiance to Their Majesties King William and Queen Mary So help me God A Proclamation declaring William and Mary King and Queen of England to be King and Queen of Scotland Edinburgh April 11. 1689. WHereas the Estates of this Kingdom of Scotland by their Act of the Date of these Presents have Resolved That WILLIAM and MARY King and Queen of England France and Ireland Be and Be declared King and Queen of Scotland to hold the Crown and Royal Dignity of the said Kingdom of Scotland to them the said King and Queen during their Lives and the longest Liver of Them and that the Sole and Full Exercise of the Regal Power be only in and Exercised by the said King in the Names of the said King and Queen during their joynt Libes As also the Estates having Resolved and Enacted an Instrument of Government or Claim of Right to be presented with the Offer of the Crown to the said King and Queen They do Statute and Ordain that William and Mary King and Queen of England France and Ireland be accordingly forthwith Proclaimed King and Queen of Scotland at the Mercat Cross of Edinburgh by the Lyon King at Arms or his Deputs his Brethren Heraulds Macers and Pursevants and at the Head-Burghs of all the Shires Stewarties Bailliaries and Regalities within the Kingdom by Messengers at Arms. Extracted forth of the Meeting of the Estates by me Ja. Dalrymple Cls. God save King WILLIAM and Queen MARY The Manner of the King and Queen taking the Scotish Coronation Oath May 11. 1689. THis day being appointed for the publick Reception of the Commissioners viz. The Earl of Argyle Sir James Montgomery of Skelmerly and Sir John Dalrymple of Stair younger who were sent by the Meeting of the Estates of Scotland with an Offer of the Crown of that Kingdom to Their Majesties they accordingly at three of the Clock met at the Council-Chamber and from thence were Conducted by Sir Charles Cotterel Master of the Ceremonies attended by most of the Nobility and Gentry of that Kingdom who reside in and about this place to the banqueting-Banqueting-House where the King and Queen came attended by many Persons of Quality the Sword being carried before them by the Lord Cardrosse and Their Majesties being placed on the Throne under a Rich Canopy they first presented a Letter from the Estates to his Majesty then the Instrument of Government Thirdly a Paper containing the Grievances which they desired might be Redressed and Lastly an Address to His Majesty for turning the Meeting of the said Estates into a Parliament All which being Signed by his Grace the Duke of Hamilton as President of the Meeting and
words pointing at the Dead said That he was no Schismatical Petitioning Rebel and that by his instigations the Grand-Jury of Bristol made a Presentment of their detestation against Petitioning for the sitting of the Parliament that he said Mr. Thompson had told him that he was Governour to Mr. Narbor when he was beyond Sea and said That he had been very often and above one hundred times at Mass in the great Church at Paris and usually gave half a Crown to get a Place to hear a certain Doctor of that Church and that he was like to be brought over to that Religion and that when he went beyond Sea did not know but that he might be of that Religion before his return That he is very Censorious and Frequently casts evil Aspersions against several Divines at Bristol of great Note viz. Mr. Chetwind Mr. Standfast Mr. Crosman Mr. Palmer and others saying That such as went to their Lectures were the Brats of the Devil The 9th That Mr. Thompson in his preaching inveighed bitterly against Subscribing Petitions for Sitting of this Parliament saying That it was the Seed of Rebellion and like to Forty one and that the Devil set them on work and the Devil would pay them their Wages saying That before he would set his hand to such Petitions he would cut it off yea and cut them off The 10th saith That about two years since being in the Chancel of St. Thomas's Church in Bristol where Queen Elizabeth's Effigies is Mr. Thompson pointing his Finger to it said That she was the worst of Women and a most lewd and infamous Woman Upon which this Informant replied He never heard any speak ill of her thereupon Mr. Thompson said She was no better than a Church-Robber and that Henry the 8th begun it and that she finish'd it The 11th Rowe saith That in the year 1678 he waited on the Mayor to Church and that Mr. Thomson who was there railed at Henry the Eighth saying He did more hurt in Robbing the Abby Lands than he did good by the Reformation That after Dinner Mr. Thompson comes to this Informant and claps his Hands on his Shoulders saying Hah Boy had Queen Elizabeth been living you needed not to have been Sword-bearer of Bristol The said Rowe asked him why He replied She loved such a lusty Rogue so well as he was and he would have been very fit for her Drudgery at White-hall The 12th saith That he heard a great noise of a Sermon to be preached by Mr. Thompson on the 30th of January 1679 to the second part of the same Tune And that he was present at the same Sermon in which Mr. Thompson said There was a great noise of a Popish Plot but says he Here is nothing in it but a Presbyterian Plot for here they are going about to Petition for the sitting of the Parliament but the end of it will be to bring the Kings Head to the block as they have done his Father The 13th saith That in January last or thereabouts there was a Petition going about for the sitting of this Parliament When Mr. Thompson in Redâ—liff Church in his Sermon said It was a Seditious and Rebellious Petition and rather than he would sign it his Hand should be cut off The 14th saith The Eighth day of April he going to pay Mr. Thompson his Dues speaking concerning the Meeters in private Mr. Thompson said He would hall them out and fill the Gaols with them and hoped to see their Houses afire about their Ears in a short time and this he the said Thompson doubled again and again The 15th saith That about December 1679 Mr. Thompson came to visit his Mother being sick and discoursing of Religion The said Thompson said If he were as well satisfied of other things as he was of Justification Auricular Confession Penance Extream Unction and Crisme in Baptism he would not have been so long separated from the Catholick Church And further affirmed That the Church of Rome was the True Catholick Church He further endeavoured to prove Extream Unction and Auricular Confession as well as he could out of the Epistles Further he hath heard him say The King was a Person of mean and soft Temper and could be led easily to any thing but yet a Solomon in vices but that the Duke of York was a Prince of a brave Spirit would be faithful to his Friends and that it was our own Faults that he was a Roman Catholick in that we forc'd him to fly into France where he imbraced that Religion About the same time he the said Thompson said the Church would be Militant but greatly commended the Decency of Solemnizing the Mass in France and that it was performed with much more Reverence and Devotion than any other Religion doth use He further heard him say in a Sermon about the time of Petitioning he would rather cut off his hand than Sign it and had many bad Expressions of it that it was the Seed of Rebellion and like 40 and 41 And further the said Mr. Thompson at one Sandford's Shop door in Bristol speaking of Bedlow said That he was not to be believ'd because Bedlow had said he meaning Mr. Thompson was at St. Omers where Mr. Thompson said he was not and that Bedlow was of a bad Life and in many Plots and not to be credited in any thing he said And that in another Discourse he commended the Romish Clergy for their single Life and is himself so and did at the same time Vilify and Rail at the English Clergy for Marrying saying It was better for a Clergy-Man to be Guelt than to Marry and that the Calvinists in France were Letcherous Fellows and could scarce be two years a Priest without a Wife About the time and after the Election of Sir John Knight to this Parliament Mr. Thompson said he was not fit to be believ'd and as bad as any Fanatick He further said in the Pulpit at St. Thomas's that after Excommunication by the Bishop without Absolution from the Spiritual Court such a one was surely Damned and he would pawn his Soul for the Truth of it Mr. Thompson after the Evidence given by every particular Person Face to Face was asked to every one If he had any Questions to ask before they called another Who answer'd He should not say any thing at present When the Witnesses before mentioned were all Examined Mr. Thompson being desir'd to make his Defence and declare whether he were Guilty of the Matters laid to his charge did for the greatest part confess words spoken to that effect and in other things endeavoured to turn the words with more favour towards himself but the Witnesses being of great Credit and many more being ready to have made good the same things the Committee look'd upon the business to be of a high Nature and therefore ordered the matter to be reported specially leaving it to the Wisdom of the House The Resolution of the House of Commons upon the
said Report Resolved Nemine contradicente THat Richard Thompson Clerk hath publickly defamed his Sacred Majesty preached Sedition vilified the Reformation promoted Popery by asserting Popish Principles decrying the Popish Plot and turning the same upon the Protestants and endeavoured to subvert the Liberty and Property of the Subject and the Rights and Privileges of Parliament and that he is a Scandal and Reproach to his Function And that the said Richard Thompson be impeached upon the said Report and Resolution of the House And a Committee is appointed to prepare the said Impeachment and to receive further Instructions against him and to send for Persons Papers and Records Articles of Impeachment of Sir William Scroggs Chief Justice of the Court of King ' s-Bench by the Commons in this present Parliament Assembled in their own Name and in the Name of all the Commons of England of High-Treason and other great Crimes and Misdemeanors I. THat he the said Sir William Scroggs then being Chief Justice of the Court of King's Bench hath traiterously and wickedly endeavoured to subvert the Fundamental Laws and the Establisht Religion and Government of this Kingdom of England and instead thereof to introduce Popery and an Arbitrary and Tyrannical Government against Law which he has declared by divers Traiterous and Wicked Words Opinions Judgments Practices and Actions II. That he the said Sir William Scroggs in Trinity Term last being then Chief Justice of the said Court and having taken an Oath duly to Administer Justice according to the Laws and Statutes of this Realm in pursuance of his said Traiterous Purposes did together with the rest of the said Justices of the same Court several days before the end of the said Term in an Arbitrary manner discharge the Grand Jury which then served for the Hundred of Oswaldston in the County of Middlesex before they had made their Presentments or had found several Bills of Indictment which were then before them whereof the said Sir William Scroggs was then fully informed and that the same would be tendered to the Court upon the last day of the said Term which day then was and by the known Course of the said Court hath always heretofore been given unto the said Jury for the delivering in of their Bills and Presentments by which sudden and illegal Discharge of the said Jury the Course of Justice was stopt maliciously and designedly the Presentments of many Papists and other Offenders were obstructed and in particular a Bill of Indictment against James Duke of York for absenting himself from Church which was then before them was prevented from being proceeded upon III. That whereas one Henry Carr had for some time before Publish'd every week a certain Book Intituled The weekly Packet of advice from Rome Or the History of Popery wherein the Superstitions and Cheats of the Church of Rome were from time to time exposed he the said Sir William Scroggs then Chief Justice of the Court of King's Bench together with the other Judges of the said Court before any Legal Conviction of the said Carr of any Crime did in the same Trinity Term in a most Illegal and Arbitrary manner make and cause to be entred a certain Rule of that Court against the Printing of the said Book in Haec Verba Dies Mercurii proxime post tres Septimanas Sanctae Trinitatis Anno 32 Car. II. Regis ORdinatum est quod Liber intitulat ' The weekly Packet of Advice from Rome Or The History of Popery Non ulterius imprimatur vel publicetur per aliquam personam quamcunque Per Cur ' And did cause the said Carr and divers Printers and other Persons to be served with the same which said Rule and other Proceedings were most apparently contrary to all Justice in Condemning not only what had been written without hearing the Parties but also all that might for the future be written on that Subject A manifest countenancing of Popery and discouragement of Protestants an open Invasion upon the Right of the Subject and an encroaching and assuming to themselves a Legislative Power and Authority IV. That he the said Sir William Scroggs since he was made Chief Justice of the King 's Bench hath together with the other Judges of the said Court most notoriously departed from all Rules of Justice and Equality in the Imposition of Fines upon Persons convicted of Misdemeanours in the said Court and particularly in the Term of Easter last past did openly declare in the said Court in the Case of one Jessop who was convicted of Publishing False News and was then to be sined That he would have regard to Persons and their Principles in imposing of Fines and would set a Fine of 500 l. on one Person for the same Offence for the which he would not Fine another 100 l. And according to his said Unjust and Arbitrary Declaration he the said Sir Will. Scroggs together with the said other Justices did then impose a Fine of 100 l. upon the said Jessop although the said Jessop had before that time proved one Hewit to be convicted as Author of the said false News and afterwards in the same Term did fine the said Hewit upon his said Conviction only five Marks Nor hath the said Sir Will. Scroggs together with the other Judges of the said Court had any regard to the Nature of the Offences or the Ability of the Persons in the imposing of Fines but have been manifestly partial and favourable to Papists and Persons affected to and promoting the Popish Interest in this time of imminent Danger from them And at the same time have most severely and grievously oppressed his Majesty's Protestant Subjects as will appear upon view of the several Records of Fines set in the said Court By which arbitrary unjust and partial Proceedings many of his Majesty's Liege People have been ruined and Popery countenanced under colour of Justice and all the Mischiefs and Excesses of the Court of Star-Chamber by Act of Parliament suppressed have been again in direct opposition to the said Law introduced V. That he the said Sir Will. Scroggs for the further accomplishing of his said traiterous and wicked Purposes and designing to subject the Persons as well as the Estates of his Majesty's Liege People to his lawless Will and Pleasure hath frequently refused to accept of Bail though the same were sufficient and legally tendered unto him by many Persons accused before him only of such Crimes for which by Law Bail ought to have been taken and divers of the said Persons being only accused of Offences against himself declaring at the same time That he refused Bail and committed them to Gaol only to put them to Charges and using such furious Threats as were to the terrour of his Majesty's Subjects and such scandalous Expressions as were a dishonour to the Government and to the Dignity of his Office And particularly That he the said Sir Will. Scroggs did in the Year 1679 commit and detain in Prison in such