constituted by God himself But that cannot be so for it would follow that God is unjust which he cannot be There neither is nor was any Government of that sort but only that of the Jews the rest of the World were left to themselves to frame such a Government as suited best to their Inclinations and to make such Rules and Laws as they could best obey and be governed by Ours is compounded of an absolute Monarchy and a Common-wealth and the original of it we have from the Saxons But be it what it will or whence it will it is without question that the first original of our Kings was that the people found it for their advantage to set one over them because of his Wisdom Valour and Justice and therefore they gave him several Prerogatives above the rest of the People that he might be the better able to govern and defend them for there is none of the Kings Prerogatives but are for the good of the Nation if rightly imployed But it will be a strange conclusion to suppose that the People obliged themselves to submit to the Posterity of that Man whom they first chose for their King because of his extraordinary Endowments let them be what they would and never so unfit for the Government For the next of blood may be incapable of governing in several respects suppose a Fool or Lunatick by his Principles if he aim at Arbitrary Power by his Religion if he be a Papist or a Heathen or by his practises before he comes to the Crown to destroy the Religion and Government by Law Establisht Now this I do not say to argue that the Election of the King is in the People though I think much might be said in that case neither is it now the question but that which I speak for is to prove that the next of blood has not so absolute an Inherent Right to the Crown but that he may for the good of the Nation be set aside There is yet another Inconvenience to allow the next of blood to have so absolute a Right to the Crown because the Possession of the Crown takes away all disabilities but only such as are by Act of Parliament which being so every King must thank his Successor for every moment that he lives if he kill him himself he cannot be questioned for it because as soon as the one is dead the other is King for here the King never dies If therefore the next of blood has so absolute a Right the King is very unsafe For though the D. be not inclined to shorten his Brothers days nay though he be averse to it yet in obedience to the Pope and his Priests it must be done either by himself or some other hand and then how long we expect his Majesties life If Kings were good Men an absolute Monarchy were the best Government but we see that they are subject to the same Infirmities with other Men and therefore it is necessary to bound their Power And by reason that they are flesh and blood and the Nation is so apt to be bad by their Example I believe was that wherefore God was averse to let the Jews have a King till they had Kings they never revolted so wholly from him when their Kings were good they were obedient to him but when they were idolatrous then the People went mad of Idols I hope it is no Regis ad exemplum that makes our Nation so lewd and wicked at this day A SPEECH AGAINST Arbitrary and Illegal IMPRISONMENTS BY THE Privy Councill THere is not any thing that an Englishman can claim as his Right that we value more than Freedom and Liberty I mean that of the Body because Imprisonment is a sort of Death and less tolerable to some than Death it self For by it we are deprived of all our Earthly Comforts What is a Man the better for having never so great an Estate never so great Honour or what else is desirable in this World if he is restrained of his Liberty Now there are several sorts of Restraints or Imprisonments and they are all forbidden by our Law unless the cause be very just and reasonable not for bare surmises or vain stories that a Man shall be imprisoned and hurried from his aboad but only for such cause as shall prove that it is for the good of the Government and the support of it that this or that Man is imprisoned or restrained Although the Law has taken very good care yet the Subject is often abused in his Liberty sometimes by the Courts in West-Hall sometimes by other Courts and particular Magistrates But the greatest cause of complaint proceeds from the Privy Council The Privy Council that is though they have been much to blame in this particular yet it is not a new thing that they practice but this Itch of sending for and imprisoning the Subject upon vain pretences has descended from one Privy Council to another like an Infirmity that runs in a Blood for no sooner is a Man made a Privy Councellor but this Spirit rests upon him This Mischief was early espied even in Henry III's time and several Lawes have been made to restrain the Privy Council By the 9. H. 3. Chap. 29. it 's declared that No Free-man shall be taken or imprisoned or be disseised of his Free-hold or Liberties or Free Customes or be out-lawed or any other way destroyed nor we will not pass upon him nor condemn him but by Lawful Judgment of his Peers or by the Law of the Land By the 5. Edw. III. 9. It is Enacted That no Man from thenceforth shall be attacht by any Accusation nor fore-judged of Life or Limb nor his Lands Tenements Goods nor Chattels seized into the Kings Hands against the Form of the Great Charter and the Law of the Land By 25. Edw. III. Chap. 4. It is declared That from thenceforth none shall be taken by Petition or Suggestion made to our Lord the King or to his Council unless it be by Indictment or Presentment of his good and lawful people of the same Neighbourhood where such Deeds be done in due manner or by Process made by Writ original at the Common Law Nor that none be out of his Franchises nor of his Free-holds unless he be duly brought in answer and fore-judged of the same by the Course of the Law And if any thing be done against the same it shall be redressed and holden for none By 28. Edw. III. Chap. 3. It is Establisht That no Man of what Estate or Condition that he be shall be put out of Land or Tenement nor taken nor imprisoned nor disinherited nor put to death without being brought in answer by due process of Law And by 37. Edw. III. Chap. 18. It says Tho' it be contained in the Great Charter That no Man be taken nor imprisoned nor put out of his Freehold without process of the Law nevertheless divers people make false Suggestions to the King himself
boasted most of Prayers and Tears when they have been touch'd by Arbritrary Power have found those things to be of no more force with a Prince that had will and means to be Arbitrary than the Cords on Sampson's Arms and then have they been very willing to make use of more violent applications For those who value themselves most upon this sort of Loyalty are generally such as are unconcern'd for the publick provided they can make themselves safe and may well be compar'd to the Fox in the Fable who having lost his Tail would have perswaded the rest to cut off theirs They that will not lift up their hand to save their Country are as much to be condemned as the Inhabitants of Meroz who were curs'd bitterly because they came not to the help of Lord against the Mighty Judges 5. v. 23. K. J. had so disjointed and made such havock of the Government that the first step towards the repairing our breaches was to lay him aside not out of any particular dislike to his Person but to his actions because what he had done was not to be suffer'd in any other Man for whoever shall hereafter do the like must expect the same measure K. J. being deem'd unmeet to sway the Scepter the next thing was to consider whether it was better to turn the administration into a Regency or clse to elect another in the Room of K. J. and after some time spent therein it was resolv'd as the best to place some other on the Throne because as that did make the least alteration that could be so whatever was amiss in the State would more easily be rectified than by another Method that was proposed Upon this give me leave to make one observation That altho' a Regency and a Common wealth are the same in effect being but several Names for the same thing yet there prevails an opinion where one would least suspect it That those who were for a Regency are the only men for Monarchy and that those who were for continuing the Administration under a King are for a Common-wealth how this opinion can be consistent with it self I do not apprehend unless that whatever is done for the good of the people brings us so much nearer to a Common-wealth and if so Kings will find it to be their interest as well as their duty to make their Administration easie to the people It being resolved to fill the Vacant Throne the Prince of Orange was presently thought on as the fittest of all others for the purpose not so much for having been the chief instrument of our deliverance tho a great deal was due to him from the Nation in point of gratitude But the Crown was offered to the Prince of Orange in hopes of having the effect of his Declaration for as it was his interest to perform what he had therein said and promised so the Nation was more likely to obtain a full redress of its grievances by him than by any other for he had the example of King James fresh before him he could not but very well apprehend that what could not be indured in King James would not be suffered in any other he knew very well that the Nation expected to have his Declaration made good to the full as well because he had promised as also because of the right they had to have their greivances redressed and that so far or so long as any part of it was denyed or delayed so far would the people be disappointed and think themselves deceived He could not but be sensible of the reproach and hazard he ran that having found fault with King James's Administration if he did not amend whatever was amiss and that to trifle with the Nation in any one particular would render all the rest suspected of what he had said or promised He told us in his Declaration that the greatness and security both of Kings Royal Families and of all such as are in authority as well as the happiness of their Subjects and People depend in a most especial manner upon the exact observation and maintenance of their Laws Liberties and Customs This so true a principle that he who governs accordingly cannot fail to prosper in all he puts his hand unto and he that says so and knows and understands what he says yet does not act accordingly cannot expect the love of his people He was very sensible how distastful a standing Army is to the Nation and much more when a considerable part of it is comopsed of Foreigners and that to increase the number of Foreign Troops would very much alarm the Nation unless it was by reason of scarcity of our own people or want of such as durst fight or for some such necessity and therefore to remove those apprehensions he promises to send back all the Foreign Forces he had brought along with him as soon as the State of the Nation will admit of it He promised to bring Ireland to such a state as that the Protestants and British interest may be there secured considering no doubt that as Ireland is the backdoor to England he could not be thought to be in earnest as to the good of England so long as he neglected the settlement of that other Kingdom because England can never reckon it self safe so long as things are out of order there having reason to sâ—spect that the irregularities in the Administration in Ireland will sooner or later affect England Lastly He promises to concur in every thing that may procure the Peace and happiness of the Nation which a free and lawful Parliament shall determine so that there may be no more danger of the Nations falling at any time here after under Arbitrary Government When the State is distempered a Parliament is so absolutely necessary that it is scarce possible to cure it without one but then that Parliament must be a free and lawful one as well in the manner of electing it as afterwards in their proceeding for if there be any foul play or underhand practice in the Elections or that when the Members come together they are over awed or corrupted this may have the name but nothing of the nature of a free and lawful Parliment and is like Physick ill prepared or applyed does more hurt than good In curing the distempers of the Government such reformation must be intire without any reserve for if any gap is left it will quickly let in as many irregularities as were before complained of for unless the very root and foundation of those distempers be removed it will prove no better than the skinning over of a Sore which whilst it seems fair to the eye is festring within and afterwards breaks out with greater Violence Upon a Revolution where the Government is Monarchical one of these things usually happens either that the King is continued in the Throne upon a new stipulation or contract between him and the people or else the Administration is put under a Regency
or have said that within such a time there will be a change or any other thing that tends to disturb the Government you ought to present it If any Parson or Vicar not having taken the Oaths has officiated at his Benefice since the 2d of Feb. last you ought to present them for it is as much an offence in them to officiate when they have not qualified themselves as if they had never been presented and their contempt is very great Gentlemen Tho I have not mentioned any other parts of your business yet I know you will not neglect them that which I have spoke to does so immediately concern us that I thought it necessary to inlarge upon it And since God has so wonderfully delivered us we could never answer it if we do not our parts for if we perish through our own neglect our blood lyes at our own doors and we deserve the burial of an Ass if we dye like Fools but I trust we shall not nor do I suspect you will be remiss in your parts and therefore I will trouble you no further but dismiss you to your business and I pray God direct you in it A Persuasive to UNION UPON King JAMES's Design to Invade England in the Year 1692. PEace in a Nation is like Health to a Natural Body whose Value is not sufficiently known but by the want of it God Almighty is wonderfully gracious to this Land not only in continuing to us the Blessing of Peace but teaching us the Worth of it by letting us see the Nations round about us at War and groaning under all the miserable Effects of it whilest it is kept at a distance from us and we are only at some Expence which is unavoidable all Circumstances considered unless we will submit to that Monster the French King and indeed God has done so many and great things for us that nothing is wanting to compleat our Happiness but our selves Of all the Mercies this Nation has lately receiv'd I think our Deliverance from King James was none of the least if it be a Mercy to be deliver'd from Popery and Slavery That we were in great danger of it I think 't was very evident from what we had suffer'd and King James had apparently further design'd to do had he been let alone a little longer for his Government was become so exorbitant that Men of all Persuasions many of the Papists not excepted did think his Yoak intollerable and that it was highly just to be relieved against his Oppression For when the Prince of Orange Landed there was scarcely any Man that appear'd for King James nay a great many of his Army deserted him which coldness and neglect could not probably proceed from any thing so much as from the ill opinion they had of his Cause Now if any that were then so indifferent and passive have now conceived a better opinion of him it may well be suspected that a particular pique or some sinister byass guided their Motion at that time and if so it 's no matter what side they are on for those who are govern'd in such Cases by any thing but a publick principle are easily turn'd about by every breath of Air. Nor can I imagine what can give any Man a better opinion of King James than he had of him before he went into France the only place as he says he could retire to with safety considering how improbable it is that any instructions which that Tyrant may give him will make him less inclined to Popery and Arbitrary Power I suppose it is no news to you that King James did lately intend to Land with a French Force I am persuaded that most people believe it they that don't may as well doubt whether there was a Gun-powder Plot for it is as plain as a thing of that nature can be which has not actually taken effect and it is as certain that he and those his good friends had been here several weeks since had they not been kept back by those Easterly Winds which continued so long Yet that did not break their measures it only delay'd the matter for at last they were ready to put all things on Board but were happily prevented by the wonderful Success of our Fleet for which the Name of the great God be prais'd The defeating of their design is a Mercy never to be forgotten for no design that we know of that was ever form'd against this Nation could be more bloody and destructive than this would have been For King James in his Declaration does expressly say That his intent is to spend the remainder of his Reign as he has always design'd since his coming to the Crown These words speak a great deal of Comfort to England for they cannot mean less than what he has already done When he took the Customs against Law Carried on Sham-plots by his countenance and bribery to destroy honest and worthy Men When he bereaved the Corporations of their Liberties and Franchises When he turn'd out Judges for acting according to their Consciences and filling the Benches with the Raff of the Gown When he avowedly set up Popery and erected publick Chapels in all parts of the Kingdom When he placed notorious Papists in the Seat of Justice and brought a Jesuit into his Councels which was more than any Popish Prince but himself ever did When he set up a High Commission When he set up in Time of Peace a numerous Army to the Terror of his Subjects and allowed so little for their Quarters as it amounted to little less than Free-quarter When he assumed a Dispensing Power and declared he would be obey'd without reserve These and a great many other Irregularities were the product of his Reign and it is not very probable that he is brought to a better temper by any thing that he has seen or learnt by his Conversation with the French King and it is as little probable that King would have treated him as he has done had he discover'd in King James any disposition to govern more mildly and reasonably for the future How much he is influenced to the contrary is very evident by designing to bring in the French upon us the people of all others this Nation ought most to dread â—n some Histories they are called the Old Enemy of England and very truly may be called the irreconcilable Enemy of England For who ever looks into Story will find that France has occasiond more trouble to England than all the World besides nay there has scarcely been any ill design against the Nation but France has had a hand in it as if their very Climate did necessitate them to be at Enmity with us If any of our Kings has design'd to enslave us they have entred into a Confederacy with France as the People of all others most likely to serve their purpose and it has always gone ill with England when our Kings have made an intimate friendship with the French
affirm that ours is perfect in comparison of any other Government in the World for if we consider those Nations that have Parliaments that Assembly is of little or no use to the People but to pass into Laws the Edicts of their King But God be praised our Parliament is of far greater use and advantage to us for there it is that our Grievances are redressed and Laws that by process of time are become useless or burthensome are repealed and new and profitable Laws and Statutes are made and in a word Barliaments to our Neighbours are their Burden but our great Happiness Secondly All manner of Taxes and Impositions are laid upon the People at the Will and Pleasure of the King But we can have no Tax imposed upon us but by our Consent in Parliament and there is this peculiar to us from the rest of the World That no English-man can be taxed for his Hand-labour whereas in other Countries and especially France every man pays for what he gets by his Labour In France every Labourer pays two parts of three to the King as if he get Six pence in a day Four pence is paid immediately to the King's Officer Thirdly In other Countries War and Peace is made by the King without consulting the People and they are chargeable to that War tho' made without their Consent or against their Interest So it is with us our King has the sole power of making War and Peace but the Sinews of War is in the People I mean Money and that they cannot part with but with our own Consent And although the Matter of War and Peace is an Arcanum Imperii and that no man as some say may pry into it save they to whom the King is pleased to communicate it Yet I conceive in this our Government where the People are so essential a part of it that they ought to be satisfied with the Ground and Reason of the War before they make themselves chargeable to it and the People are not bound to support every War that the King may engage in for methinks it 's all the reason in the World that a Man should be satisfied with the Cause before he part with his Money and I think that Man is very unworthy of the Honour to serve his Country in Parliament who shall give away the Peoples Money for any other thing but what shall be effectually for the good and advantage of the People and Nation Fourthly The Estates and Goods are taken from the People without assigning a Reason of it but only that it is the Mind of the King to have it so But here no Man can be deprived of his Estate or Goods but by due course of Law for Possession is that the Law is very tender of But although some say That the King's Commission may not be resisted in any case whatsoever I shall not argue that point because this is not a proper time for it and I hope we shall never have occasion to try it if it ever should happen I 'll lay the Blame at the door of his Ministers for our King is a merciful Prince and loves not such things Yet this I am sure cannot be denied That every Man's House is his Castle and may defend himself and his Goods against those that shall assault or molest him and I cannot believe that Man can be really a Friend either to his King or Country but rather does it out of some sinister end or to curry Favour with the Court that shall extol the King's Prerogative above the Laws because this Doctrine if true quite destroys the Fundamentals of our Government for if ever you set the King above Laws then it must necessarily follow that the King derives his Title to the Crown of England not from the Laws of England but from something else but I am sure that man does the King no great Service who puts the King to seek his Title to the Crown of England any where else than from the Laws of England To set the King above all Law but that of his own Will does so directly tax the Justice of God Almighty that I cannot believe him to be a good Christian that is of that Opinion Fifthly In other Countries the Subjects are Imprisoned and Hanged at the Command of the King without any other Reason given But none of us can be deprived of Life Limb or Liberty but for some Offence first committed against some known Law Sixthly Our Neighbours are pressed and forced to serve in foreign Countries against their Wills and are hanged for refusing Our King may press any of us for the defence of the Nation but I never heard that the King could press any English-man to serve beyond the Seas Seventhly In other Countries though the King or his Officers commit never so many or great Outrages and Cruelties upon the People yet have the People no Remedy against either the King or his Officers But with us though our Law says That the King can do no Wrong yet his Officers and Ministers may and if any Man shall do an unlawful thing though by the King's Command that man is accountable to the People for it and it is the Right of every English-man to call him to account for if neither the King nor his Officers are answerable for a breach of the Laws then our Laws signifie nothing and are but a dead Letter and we no better than Slaves These Particulars I have now mentioned I suppose may be sufficient to convince any reasonable man of the Excellency of our Government I shall not proceed further into Particulars or discourse how and with what Caution all our Laws are made and how Justice is administred in all Cases for I should not only weary you but want time to finish so great a Work therefore I shall say this in part That in no Government in the World the People live with such Liberty and Security of what we enjoy when the Laws are duly observed and followed as we do no Prince more safe and happy than ours when he holds to the Laws and it is the mutual Interest of both King and People to maintain the Laws It is the Interest of the People to support the King in his Legal Prerogative and it is the Interest of the King to preserve the People in their due Rights and Liberties for the Happiness of one is bound up in the Welfare of the other There is a certain ballance betwixt the King's Prerogative and the Peoples Properties and he that endeavours to turn the Scales to either side does in effect endeavour the destruction of both for the Interest of the King and People are so interwoven that we cannot separate or distinguish one from the other In a word our Government is both the Envy and Admiration of our Neighbours But Gentlemen notwithstanding our excellent frame of Government yet I find that many are impatient under it and thirst extreamly after that which is called a Common
disposition and temper not to prescribe or necessitate them to any particular form And then consequently it will follow that what lawful Right or Power every King claims is by reason of the constitution of the Government and not from Nature If there be any such thing as this Natural Right it must be inherent in all lawful Kings for if some of them have it why not all of them And if any have every King else has the same And if this be so where was the Natural Right of King Stephen and Henry II both born out of the Realm their Fathers Forraigners and at the same time there were others who by right of descent were nearer to the Crown than either of them It was not this natural right that invented the coronation oath neither is it by reason of it that every King of England is bound to take it before they can require any of their Subjects to do them homage and fealty If there be any such thing as this natural right then it will follow that all the Kings of the earth but one are Usurpers because this natural right must arise from Primogeniture and there can be but one man at the same time who is the rightful Heir and Successor to Adam and consequently all others that pretend to be Kings usurp upon his right So that this notion of a natural right pulls down the thing it pretends to set up When a Common-wealth is changed into a Monarchy is it this natural right that makes him King who is first set up Or when a Family is extinct that has been long in possession of the Crown and the Body of the People chuse a King from amongst themselves is it by this natural right that he attains to this dignity But as a multitude of other absurdities would follow upon it so the Apostle puts the thing out of dispute when he says That Kings are the Ordinance of man And here I will leave Kings to resolve which is their best title whether this natural right or the constitution of the Government Differences and disputes do but too frequently arise betwixt the King and People and therefore I will tell you what I conceive to be advisable when such ill humours are afloat Consider whose demands do best suit the common good For by a serious and impartial examination of that you will be able to discover who is in the right For if you follow this rule exactly it will not misguide you And take this Observation along with you When the State is distempered you will find for the most part if not always that the cause of offence proceeds from the Court. And the reason of it is very evident Because so long as English men injoy their rights they have no occasion to quarrel with the King for they need nothing else But Kings as they are always think they are too short in power and those that are about them are too apt to incourage those desires in Kings because the more absolute he is the more able he is to gratifie his Creatures Now in this case let not the opinion of the Clergy govern you for none are blinder Guides than they and no one thing hath done more mischief in this Nation than their politicks If you happen to be on the prevailing side use your advantage with Moderation This you are obliged to do as you are a good Christian and self-interest pleads for it for since the events of all things are uncertain there may come another turn and then in reason you may expect fair quarter from them whom you treated so well in the day of your power If your Party come by the worst remember these two things First don't think the worse of your Cause by reason of the Success Neither make any mean submission nor do any other sordid thing to get out of your trouble use only lawful and honest means for if you are in the right sooner or later it will prevail and then in the end you will come off with double honour 2. If you are examined as a criminal confess nothing only argue against the insufficiency of what is objected against you For First It is an argument of your courage and resolution Secondly By confessing any thing you help them to evidence against your self and others for you furnish them with time and place and then it is an easie matter for a Knight of the Post to give such an evidence against you as is not easily disproved Thirdly It 's very seldom that you will meet with better usage though you confess never so much unless you will turn accuser of others and give evidence against them which is so base a thing that I would advise you to undergoe any extremity rather than do that For as your own Party will for ever abhor you and your Memory so the other side will despise and slight you as soon as you have done their business and all that you can do for the future will never wipe off such a blot If you are concerned in the prosecution of any publick Criminal let your proceedings be tempered with Justice and Moderation For I have seen it fatal to several who have strained and forced the Law to the destruction of others yet in the end fell into the Pit they digged for others and perished by their own Law When the State is so sore that it makes a Man an Offender for a Word and the times are so evil that the prudent keep silence Then are all meetings to be avoided save only such as are upon real business recreation or for Neighbourly Visits and those too in as small numbers as may be for Spyes and Informers will thrust themselves into Consults and Cabals and of all others will say the hottest and most violent things in hopes that believing that all proceeds from the fervency of their Zeal you may thereby be induced to say something that will bring you within the compass of the Law Or if you have the discretion or good hap to say nothing yet your very being in the same Company where such things have been said or uttered may either make you criminal or at best hand involve you into a great deal of trouble without bringing any advantage to the Cause you do assert And besides he that herds in Cabals must implicitely adhere to the opinion of that Company for by asserting his own Judgment in opposition to theirs though he be never so much in the right he runs the hazard of being reproached for a Spye or Deserter As you ought not to refuse any danger when a proportionable advantage will thereby accrue to the Cause you would support so in such sore times you ought to avoid the doing of any thing unnecessary hot and provoking unless where you or the Cause will reap benefit thereby For young men either through the heat of their years or the instigation of more crafty people are too often prevailed upon to do many things that in
soever a Parliament is corrupted whether it be by Places Pensions or any other thing that makes the Members thereof to become men of dependance The next Article against K. J. is that he Seized upon the Charters of Corporations thereby bringing their Priviledges to be disposed on at his will and pleasure This was very Notable Injustice yet the making havock of Charters was begun and carried on very far by C. II. to which the Loyalty that then prevail'd contributed very much for who ever was not for surrendering of Charters and giving up their Liberties was mark'd out as Anti-Monarchical and a Commonwealths-Man and this fantastical Loyalty had intoxicated so very many that very few Corporations stood out those that disputed the point were taught the Law of Quo Warrento So that when K. C. died he left his brother little more to do than to give the finishing stroke to that he had brought to so great Perfection by which we see how dangerous it is to make any other thing than the Law the Measure of our Loyalty for altho at first no ill consequence may be apprehended of what is done yet it is not long e're Men find their mistake by the mischief which falls upon their own Pates and with this aggravation that they don't see their error till it is out of their power to remedy it The Declaration next observes how that Ireland was put into the hands of Papists which made many to leave the Country well remembring what fell out in the year 41. This was very true and it is as true that it put every Man in England who valued his Religion and Property under very great fears and apprehensions that the storm would blow over into England Because he that would set up Aarbitrary-Power in England must first try his hand upon Ireland it having been observ'd that whatever Arbitrary thing has been done in England that it has first been practised in Ireland So that when ever things go irregularly in Ireland England cannot think it self safe till affairs are put into a better posture there The Declaration further takes notice that K. J. had declared in Scotland that all his Subjects are bound to obey him without reserve This is the highest of absolute Power and it was plain he intended to do no less in England For there is nothing more certain in humane Affairs Than that when a K. mis-imploys his power in one Kingdom it is not for want of inclination but of means and opportunity that he does not do so in all other places under his Dominionâ— As for Example if a King keep one of his Kingdoms without Parliaments he would do so in another if by some necessity he were not compell'd to do otherwise for C. II. kept Ireland without Parliaments and it was out of regard to his particular Affairs that he called a Parliament in England for you may remember how quickly he sent the Parliament packing that called him in because it was more intent upon setling the Nation than to give him unnecessary supplies and those which he afterwards called were kept no longer than he could squeeze Money out of them The Declaration goes on to remind us how K. J. indeavourâ—d to discourage and take away from the Subject the right of Petitioning The priviledge of Petitioning is an ancient and necessary right and so great a right as it has always been supposed that upon such applications the K. was bound either to redress that whereof they complain'd or to let them see that their complaint was without cause But to take away this right from the people is to deprive them of the means of making known their grievances in the most humble and dutiful way that can be and puts them under a necessity of doing it with their Swords in their hands for there is but one of these two ways of letting the K. know their grievances there is nothing more fit than that Subjects tho' never so much opprest do first make known their sufferings in the humblest and most respectful manner that may be and not have recourse to more compulsive methods till no good is to be done the other way That Prince who is unwilling to hear the complaints of his People plainly intimates that he intends to govern them by the rod of his power and not by the equal and gentle methods of the Law and there seems to be no less a fearful expectation when the addresses of both or either House of Parliament don't meet with success but prove abortive for considering that the Nation does then Petition the K. in its highest Capacity it may reasonably be expected that those applications should be answered with effect unless the K. be wiser than all the World and such a Man was never yet found or else what the Parliament complains of is false or frivilous which is not easily to be suppos'd Then the Declaration reminds as of K. James's design to pack a Parliament that by the Peoples consent those things might be made a Law which he had done contrary to the right of the People and the Law of the Land which was to stab the Nation to the Heart For a Parliament is the Soveraign and only remedy for publick Distempers and if rightly apply'd works an infallible Cure but if it be corrupted makes the Malady how slight or inconsiderable soever to become Incurable He that desires to corrupt a Parliament leaves very little room to believe that the good of his people is the end of his Government for when a Prince looks upon it to be his Intrest to influence and byass the Parliament he cannot be thought to have some Interest with his People There are two ways to corrupt a Parliament The first is to influence the Elections so as to have Men chosen that will serve a particular purpose and design and 2dly if that fail to corrupt the Members by Places Pensions or good round sums of Money which is called Secret Service whereby the Nation becomes felo de se The last article against K. J. is that of imposing upon us a Prince of Wales This indeed if it were so is as great a Forgery and Cheat as ever was heard of but because those whom it more nearly concerns have not yet thought fit to inquire further into it I suppose it will not be expected that I should give any opinion of it at this time This is the substance of the charge brought by the P. Orange against K. J. I think I have not omitted any thing that is material but these are not all the irregularites that K. J. was guilty of yet are they sufficient to shew that his administration was inconsistent with the Rights and Liberties of English-Men and who is he that can imagin that there was any other means but force whereby we could recover our Rights they that think it could have been effected by gentler applications may as well pretend to bind the Leviathan with Cords Those that have
the King strove to please the People and they were willing to gratifie him by conniving at his Faults But besides all this the Law of Nature is to be considered and this Law cannot be extinguished by any other Laws whatsoever And this I never heard any man deny The Law of Nature commands Self-preservation and then I would ask whether I am to obey him that will destroy me If we shall have a Prince that plainly declares either by his Words or Actions that he will change our Government and Religion or that he will give us up to a Foreigner or else that he will govern by a standing Army and take away our Properties must I obey him must I not endeavour to rescue my Self and Country from Ruine for in the Saxons time Treason did not relate to any thing but the Government and the general Concern of the Nation and not to the single Person of the King and now though it be Treason to kill the King yet it is only in order to the Publick Good and therefore with the Saxons all Indictments against Legience concluded Feloniae Proditoriae but against the Person of the King only Feloniae But in our days we find things are crept in that is difficult to tell how or when they came in And you shall find in all our ancient Laws that whatever was decreed or enacted was for the Common Good and the King was not concerned otherwise than so far as related to the Common-wealth though I know in our days another Opinion is asserted which I am sure cannot be maintained That all things must give place to the King 's particular Interest For my own part I will obey the King but I think my Obedience is obliged no further than what he commands is for the Common Good Our Government ever since the Conquest has proceeded upon the Saxon Principles and they were grounded upon Self-preservation which I do not find to be repeated by any Act of Parliament for all our Lawyers do agree That it is Treason to subvert the Government and if so without doubt our Allegiance the Laws of God and of Nature command us to defend them I will detain you no longer but only to consider this one thing Whenever we have a Popish King we must expect an alteration at least in our Religion for though he take all the Oaths and Declarations that can be devised yet it ever stands in the way to oppose the Interest of Rome they must all give place and it is meritorious to break those Engagements for that purpose or at worst hand be certainly pardoned if he presume to do it without a Dispensation and it is no more in his power to preserve our Religion than it is for him to work an Impossibility And therefore whether it is better to oppose a Popish Successor seeing we have the practice of our Forefathers to justifie us in it and besides he cannot if he would defend us or else to suffer him to rest in the Throne to destroy all we have and bring in a Religion that will damn Millions of Souls from Generation to Generation And if we may not defend our Religion then we must absolutely depend upon Providence in every thing and not put out our Hand to help our selves up when we are fallen into a Ditch This is the Case and here is an end of all Human Policy but without doubt it is our Duty to do our Endeavours and leave the Success to God Almighty and his Will be done THE CASE OF WILLIAM EARL Of Devonshire ON Sunday the 24th of April 1687. the said Earl meeting on Collonel Culpepper in the Drawing Room in White-hall who had formerly affronted the said Earl in the said King's Palace for which he had not received any satisfaction he spake to the said Collonel to go with him into the next Room who went with him accordingly and when they were there the said Earl required of him to go down Stairs that he might have Satisfaction for the Affront done him as aforesaid which the Collonel refusing to do the said Earl struck him with his Stick as is suppos'd This being made known to the King the said Earl was required by the-Lord Chief Justice Wright by Warrant to appear before him with Sureties accordingly April 27. he did appear and gave Bail in 30000 l. to appear the next day at the King's Bench himself in 10000 l. and his four Suretles in 5000 l. a piece who were the Duke of Somerset Lord Clifford the Earl of Burlington's Son Lord De-la-mere and Tho. Wharton Esq eldest Son to Lord Wharton The Earl appeared accordingly next morning and then the Court told him that his Appearance was recorded and so he had Leave to de part for that time but upon the sixth of May he appear'd there again and being then requir'd to plead to an Information of Misdemeanour for striking the said Collonel in the King's Palace he insisted upon his Priviledge That as he was a Peer of England he could not be tryed for any Misdemeanour during the Priviledge of Parliament and it being then within time of Priviledge he refused to plead the Court took time to consider of it till Monday which was the last day of the Term and the Earl then appeared and delivered in his former Plea in Parchment the Judgment given by the House of Lords in the Case of the Earl of Arundale 3 Car. was urged on the behalf of the Earl viz. That no Lord of Parliament the Parliament then sitting or within the usual times of priviledge of Parliament is to be imprison'd or restrain'd without sentence or order of the House unless it be for Treason or Felony or for refusing to give Surety for the Peace And also that the like Priviledge was about two years before allow'd in the Case of my Lord Lovelace The Court over-rul'd the Earl's Plea and requir'd him to plead to the Information the first day of the next Term and to be a Plea as of this Term and so he had Leave to depart but his Sureties were not called for to see if they would continue as his Bail The next Term he appeared and pleaded guilty to the Information and so the last day of the Term the Court did award That he should pay a Fine of 30000 l. be committed to the King's Bench till it be paid and to find Sureties for the Peace for a year To all which Proceeding and Judgment three notorious Errors may be assign'd I. The over-ruling of the Earl's plea of Priviledge II. The Excessiveness of the Fine III. The Commitment till it be paid 1. The over-ruling the Earl's plea of Priviledge is a thing of that vast consequence that it requires a great deal of time to comprehend it aright and is of so great an extent that more may be said of it than any one man can say The Judgment seems to be very unnatural because an inferiour Court has taken upon it to reverse a Judgment