Is he a wise man who if his house be falling by reason of too much weight upon the roof will lay more upon it rather than propt it up and take off some of the weight So they who take the Church to consist of Ceremonies must pardon me that I am not of their opinion since the word of God warrants no such thing and my reason tells me that they are too much interested in the cause to be fit judges for with them he is accounted a good Son of the Church who keeps a great stir about Ceremonies though he live never so ill a life and perhaps is drunk when he performs his Devotion but if a man seem to be indifferent as to Ceremonies and make them no more than indeed they be yet in Practice Conforms more than he that makes a great noise about them though he live never so godly a life and as near as he can to the rule of God's word yet he is a Fanatick and an enemy to the Church but God Almighty tells us he will have mercy and not Sacrifice Gentlemen They who accuse me for an enemy to the King and Church have left you out of the story but I hope I shall not forget you but remember on whose errand I am sent and as I have hitherto stuck to your interest I hope nothing will draw me aside from it and if I know my own heart I am perswaded that neither rewards threats hopes nor fears will prevail upon me I desire nothing but to promote God's glory and the interest of the King and people and if it shall please God to let me see the Protestant Religion and Government established I shall think I have lived long enough and I shall be willing at that instant to resign my breath Gentlemen I thought good to say this to you and I thank you for your patience and hope I shall so behave my self in your Service that I shall make it appear I am sensible of the honour you have done me I humbly thank you all An Account of the Proceedings at the Sessions for the City of Westminster against Thomas Whitfield Scrivener John Smallbones Woodmonger and William Laud Painter for Tearing a Petition prepared to be presented to the King's Majesty for the Sitting of the Parliament With an Account of the said Petition presented on the 13th instant and His Majesty's Gracious Answer IT being the undoubted Right of the Subjects of England Vide the Resolutions of the Law Cook Jurisdict of Courts 79. Hobart 220. Vel. Magna Chart. Exl. Spencer 51. Vide the Proclamations of K. Charles I. and warranted by the Law of the Land and the general Practice of all former Times in an humble manner to apply themselves to His Majesty in the Absence of Parliaments by Petition for the Redress of their Grievances and for the obtaining such things as they apprehend necessary or beneficial to the safety and well being of the Nation And it being their Duty to which they are bound by the expres words of the Oath of Allegiance * I do Swear from my Heart That I will hear Faith and true Allegiance to His Majesty His Heirs and Successors and Him and Them will Defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against His or Their Persons Their Crown and Dignity And will do my best endeavour to disclose and make known unto His Majesty His Heirs and Successors all Treasons and Trayterous Conspiracies which I shall know or hear of to be against him or any of them to represent to Him any danger which they apprehend Threatning His Royal Person or His Government divers Persons in and about the City of Westminster considering the too apparent and unspeakable Danger His Majesty and His Kingdoms are in from the Hellish Plots and Villainous Conspiracies of the Bloody Papists and their Adherents and conceiving no sufficient or at least so fit Remedy could be provided against it but by the Parliament by whom alone several Persons accused of these accursed Designs can be brought to Tryal did prepare and sign a Petition humbly representing to His Majesty the imminent danger His Royal Person the Protestant Religion and the Government of this Nation were in from that most damnable and hellish Popish Plot branched forth into several the most Horrid Villainies For which several of the principal Conspirators stand impeached by Parliament and thereby humbly praying that the Parliament might Sit upon the 26th of January to try the Offenders and to Redress the important Crievances no otherways to be redressed of which Thomas Whitfield John Smallbenes and William Laud Inhabitants in Westminster taking notice upon the 20th day of December last they sent to Mr. William Horsley who had signed and promoted the Petition and in whose custody it was to bring or send it to them for that they desired to sign it And thereupon Mr. Horsley attended them and producing the Petition in which many Persons had joyned he delivered it at their request to be by them read and signed but Mr. Whitfield immediately tore it in pieces and threw it towards the Fire and Smallbones catching it up said That he would not take 10 s. for the Names and then they declared that they sent for it for that very purpose and owned themselves all concerned in the design Upon Mr. Horsley's complaint hereof to a Justice of the Peace a Warrant was granted against them and they being taken thereupon after examination of the matter were bound to appear and answer it at the next quarter Sessions of the Peace for the City of Westminster and upon Friday the 9th of January instant the Sessions being holden and there being present several Justices of the Peace that are eminent Lawyers the matter was brought before them and the Grand Jury Indicted the said Whitfield Smallbones and Laud as followeth viz. The City Borough and Town of Westminster in the County of Middlesex THe Jurors for our Soveraign Lord the King upon their Oath do present that whereas the Subjects and Liege People of the Kings and Queens of this Realm of England by the Laws and Customs of the Realm have used and been accustomed to represent their Publick Grievances by Petition or by any other submissive way And that the 20th day of December in the one and Thirtieth Year of the Reign of our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. at the Parish of St. Martin's in the Fields within the Liberty of the Dean and Chapter of the Collegiate Church of St. Peter of the City Borough and Town of Westminster in the County of Middlesex a Petition written in paper was prepared and Subscribed with the hands of divers the said King's Subjects and Liege People to the Jury unknown and to our said Soveraign Lord King Charles the Second Directed and to our said Soveraign Lord
Land to cut off these workers of Iniquity whose Religion is Rebellion whose Faith is Faction whose practice is murthering of Souls and Bodies and to root them out of the Confines of this Kingdom VII All the Judges of England are bound by their Oath 18 Edw. III. 20 Edw. III. Cap. 1.2 and by the duty of their place to disobey all Writs Letters or Commands which are brought to them either under the little Seal or under the great Seal to hinder or delay common Right Are the Judges all bound in an Oath and by their places to break the 13 of the Romans VIII The Engagement of the Lords attending upon the King at York June 13. 1642. which was subscribed by the Lord Keeper and Thirty Nine Peers besides the Lord Chief-Justice Banks and several others of the Privy-Council was in these words We do engage our selves not to Obey any Orders or Commands whatsoever not warranted by the known Laws of the Land Was this likewise an Association against the 13 of the Romans IX A Constable represents the King's person and in the Execution of his Office is within the purview of the 13 of the Romans as all Men grant but in case he so far pervert his Office as to break the Peace and commit Murther Burglary or Robbery on the Highway he may and ought to be Resisted X. The Law of the Land is the best Expositor of the 13 of the Romans Here and in Poland the Law of the Land There XI The 13 of the Romans is receiv'd for Scripture in Poland and yet this is expressed in the Coronation Oath in that Country Quod si Sacramentum meum violavero Incola Regni nullam nobis Obedientiam praestare tenebuntur And if I shall violate my Oath the Inhabitants of the Realm shall not be bound to yield me any Obedience XII The Law of the Land according to Bracton is the highest of all the Higher Powers mentioned in this Text for it is superior to the King and made him King Lib. 3. Cap. 26. Rex habet superiorum Deum item Legem per quam factus est Rex item Curiam suam viz. Comites Barones and therefore by this Text we ought to be subject to it in the first place And according to Melancthon It is the Ordinance of God to which the Higher Powers themselves ought to be subject Vol. 3. In his Commentary on the Fifth Verse Wherefore ye must needs be subject not only for Wrath but also for Conscience sake He hath these words Neque vero haec tantum pertinent ad Subditos sed etiam ad Magistratum qui cum fiunt Tyranni non minus dissipant Ordinationem Dei quam Seditiosi Ideo ipsorum Conscientia fit rea quia non obediunt Ordinationi Dei id est Legibus quibus debent parere Ideo Comminationes hic positae etiam ad ipsos pertinent Itaque hujus mandati severitas moveat omnes ne violationem Politici status putent esse leve peccatum Neither doth this place concern Subjects only but also the Magistrates themselves who when they turn Tyrants do no less overthrow the Ordinance of God than the Seditious and therefore their Consciences too are guilty for not obeying the Ordinance of God that is the Laws which they ought to obey So that the Threatnings in this place do also belong to them wherefore let the severity of this Command deter all men from thinking the Violation of the Political Constitution to be a light Sin Corollary To destroy the Law and Legal Constitution which is the Ordinance of God by false and arbitrary Expositions of this Text is a greater Sin than to destroy it by any other means For it is Seething the Kid in his Mothers Milk CHAP. IV. Of LAWS I. THere is no Natural Obligation wereby one Man is bound to yield Obedience to another but what is founded in paternal or patriarchal Authority II. All the Subjects of a patriarchal Monarch are Princes of the Blood III. All the people of England are not Princes of the Blood IV. No Man who is Naturally Free can be bound but by his own Act and Deed. V. Publick Laws are made by publick consent and they therefore bind every man because every man's consent is involved in them VI. Nothing but the same Authority and Consent which made the Laws can Repeal Alter or Explain them VII To judge and determine Causes against Law without Law or where the Law is obscure and uncertain is to assume Legislative power VIII Power assumed without a Man's consent cannot bind him as his own Act and Deed. IX The Law of the Land is all of a piece and the same Authority which made one Law made all the rest and intended to have them all Impartially Executed X. Law on One Side is the Back-Sword of Justice XI The Best Things when Corrupted are the Worst and the wild Justice of a State of Nature is much more desirable than Law perverted and over-rul'd into Hemlock and Oppression Copies of Two Papers Written by the Late King CHARLES II. Published by His MAJESTIES Command Printed in the Year 1686. The First Paper THE Discourse we had the other Day I hope satisfied you in the main that Christ can have but one Church here upon Earth and I believe that it is as visible as that the Scripture is in Print That none can be that Church but that which is called the Roman Catholick Church I think you need not trouble your self with entring into that Ocean of particular Disputes when the main and in truth the only Question is Where that Church is which we profess to believe in the two Creeds We declare there to believe one Catholick and Apostolick Church and it is not left to every phantastical man's head to believe as he pleases but to the Church to whom Christ left the power upon Earth to govern us in matters of Faith who made these Creeds for our Directions It were a very Irrational thing to make Laws for a Country and leave it to the Inhabitants to be the Interpreters and Judges of those Laws For then every man will be his own Judge and by consequence no such thing as either right or wrong Can we therefore suppose that God Almighty would leave us at those uncertainties as to give us a Rule to go by and to leave every man to be his own Judge I do ask any ingenuous man whether it be not the same thing to follow our own Fancy or to interpret the Scripture by it I would have any man shew me where the power of deciding matters of Faith is given to every particular man Christ left his power to his Church even to forgive Sins in Heaven and left his Spirit with them which they exercised after his Resurrection First by his Apostles in these Creeds and many years after by the Council at Nice where that Creed was made that is called by that name and by the power which they
Protestant Religion in the Churches And that We will and hereby promise on Our Royal Word to maintain the possessors of Church Lands formerly belonging to Abbeys or other Churches of the Catholick Religion in their full and free possession and right according to Our Laws and Acts of Parliament in that behalf in all time coming And We will imploy indifferently all our Subjects of all Perswasions so as none shall meet with any Discouragement on the account of his Religion but be advanced and esteemed by Us according to their several Capacities and Qualifications so long as We find Charity and Unity maintained And if any Animosities shall arise as We hope in God there will not We will shew the severest Effects of Our Royal Displeasure against the Beginners or Fomenters thereof seeing thereby Our Subjects may de deprived of this general Ease and Satisfaction We intend to all of them whose Happiness Prosperity Wealth and Safety is so much Our Royal Care that We will leave nothing undone which may procure these Blessings for them And lastly to the End all our good Subjects may have Notice of this Our Royal Will and Pleasure We do hereby command Our Lyon King at Arms and his Brethren Heraulds Macers Pursevants and Messengers at Arms to make timous Proclamation thereof at the Marcat-Cross of Edinburgh And besides the printing and Publishing of this Our Royal Proclamation it is Our express Will and Pleasure that the same be past under the great Seal of that Our Kingdom per saltum * without passing any other Seal or Register In Order whereunto this shall be to the Directors of Our Chancelary and their Deputies for writing the same and to Our Chancellor for causing our Great Seal aforesaid to be appended thereunto a sufficient Warrand Given at Our Court at Whitehall the twelfth day of Febr. 1686. and of Our Reign the Third Year By His Majesties Command MELFORT God save the King His Majesties Gracious DECLARATION to all His Loving Subjects for Liberty of Conscience JAMES R. IT having pleased Almighty God not only to bring Us to the Imperial Crown of these Kingdoms through the greatest difficulties but to preserve Us by a more than ordinary Providence upon the Throne of Our Royal Ancestors there is nothing now that we so earnestly desire as to Establish our Government on such a Foundation as may make Our Subjects happy and unite them to Us by Inclination as well as by Duty Which We think can be done by no Means so effectually as by granting to them the free Exercise of their Religion for the time to come and add that to the perfect Enjoyment of their Property which has never been in any case Invaded by Us since Our coming to the Crown Which being the two things Men value most shall ever be preserved in these Kingdoms during Our Reign over them as the truest Methods of their Peace and Our Glory We cannot but heartily wish as it will easily be believed That all the People of Our Dominions were Members of the Catholick Church yet We humbly thank Almighty God it is and hath of long time been Our constant Sense and Opinion which upon diverse Occasions We have Declared That Conscience ought not to be constrained nor People forced in Matters of meer Religion It has ever been directly contrary to Our Inclination as We think it is to the Interest of Government which it destroys by Spoiling Trade Depopulating Countries and Discouraging Strangers and finally that it never obtained the End for which it was employed And in this We are the more confirmed by the Reflections We have made upon the Conduct of the Four last Reigns For after all the frequent and pressing Endeavours that were used in each of them to reduce this Kingdom to an exact Conformity in Religion it is visible the Success has not answered the Design and that the Difficulty is invincible We therefore out of Our Princely Care and Affection unto all Our Loving Subjects that they may live at Ease and Quiet and for the increase of Trade and encouragement of Strangers have thought fit by virtue of Our Royal Prerogative to Issue forth this Our Royal Declaration of Indulgence making no doubt of the Concurrence of Our Two Houses of Parliament when We shall think it convenient for them to Meet In the first place We do Declare That We will Protect and Maintain Our Arch-Bishops Bishops and Clergy and all other our Subjects of the Church of England in the free Exercise of their Religion as by Law Established and in the quiet and full Enjoyment of all their Possessions without any Molestation or Disturbance whatsoever We do likewise Declare That it is Our Royal Will and Pleasure That from henceforth the Execution of all and all manner of Penal Laws in Matters Ecclesiastical for not coming to Church or not Receiving the Sacrament or for any other Non-conformity to the Religion Established or for or by reason of the Exercise of Religion in any manner whatsoever be immediately Suspended And the further Execution of the said Penal Laws and every of them is hereby Suspended And to the end that by the Liberty hereby Granted the Peace and Security of Our Government in the Practice thereof may not be endangered We have thought fit and do hereby straitly Charge and Command all Our Loving Subjects That as We do freely give them Leave to Meet and Serve God after their own Way and Manner be it in private Houses or Places purposely Hired or Built for that use 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 and that their Meetings and Assemblies be peaceably openly and publickly held and all Persons freely admitted to them And that they do signifie and make known to some one or more of the next Justices of the Peace what place or places they set apart for those uses And that all Our Subjects may enjoy such their Religious Assemblies with greater Assurance and Protection We have thought it Requisite and do hereby Command That no Disturbance of any kind be made or given unto them under pain of our Displeasure and to be further proceeded against with the uttermost Severity And forasmuch as We are desirous to have the Benefit of the Service of all Our Loving Subjects which by the Law of Nature is inseparably annexed to and inherent in Our Royal Person And that none of Our Subjects may for the future be under any Discouragement or Disability who are otherwise well inclined and fit to serve Us by reason of some Oaths or Tests that have been usually Administred on such Occasions We do hereby further Declare That it is Our Royal Will and Pleasure That the Oaths commonly called The Oaths of Supremacy and Allegiance and also the several Tests and Declarations mentioned in the Acts of Parliament made in the 25th and 30th Years of
earnest to have those Laws maintained in their full and due vigour and think that the chief Security of the established Religion consists in the preserving of them Sacred and unshaken It is certain that there is no Kingdom Common-Wealth or any constituted Body or Assembly whatsoever in which there are not Laws made for the Safety thereof and that provide against all Attempts whatsoever that disturb their peace and that prescribe the Conditions and Qualities that they judge necessary for all that shall bear Employments in that Kingdom State or Corporation And no man can pretend that there is any Injury done him that he is not admitted to Imployments when he doth not satisfie the Conditions and Qualities required Nor can it be denied that there is a great difference to be observed in the conduct of those of the Reformed Religion and of the Roman Catholicks towards one another The Roman Catholicks not being satisfied to exclude the Reformed from all places of Profit or of Trust they do absolutely suppress the whole Exercise of that Religion and persecute all that profess it and this they do in all those places where it is safe and without danger to carry on that rigour And I am sorry that we have at this present so many deplorable Instances of this severity before our Eyes that is at the same time put in practice in so many different places I would therefore gladly see one single good reason to move a Protestant that fears God and that is concerned for his Religion to consent to the Repealing of those Laws that have been enacted by the Authority of King and Parliament which have no other tendency but to the security of the Reformed Religion and to the restraining of the Roman Catholicks from a capacity of overturning it these Laws inflict neither Fines nor Punishments and do only exclude the Roman Catholicks from a share in the Government who by being in Employments must needs study to encrease their party and to gain to it more Credit and Power which by what we see every day we must conclude will be extreamly dangerous to the Reformed Religion and must turn to its great prejudice Since in all places those that are in publick Employments do naturally Favour that Religion of which they are either more or less And who would go about to perswade me or any man else to endeavour to move Their Highnesses whom God hath honoured so far as to make them the Protectors of his Church to approve of or to consent to things so hurtful both to the Reformed Religion and to the publick Safety Nor can I Sir with your good leave in any way grant what you apprehend That no prejudice will thereby redound to the Reformed Religion I know it is commonly said that the number of the Roman Catholicks in England and Scotland is very inconsiderable and that they are possessed only of a very small number of the places of Trust Tho even as to this the case is quite different in Ireland Yet this you must of necessity grant me that if their numbers are small then it is not reasonable that the publick Peace should be disturbed on the account of so few persons especially when so great a favour may be offered to them such as the free Exercise of their Religion would be And if their numbers are greater then there is so much the more reason to be afraid of them I do indeed believe that Roman Catholicks as things at present stand will not be very desirous to be in publick Offices and Imployments nor that they will make any attempts upon the Reformed Religion both because this is contrary to Law and because of the great inconveniencies that this may bring at some other time both on their Persons and their Estates yet if the Restraints of the Law were once taken off you would see them brought into the Government and the chief Offices and Places of Trust would be put in their hands nor will it be easie to his Majesty to resist them in this how stedfast soever he may be for they will certainly press his hard in it and they will represent this to the King as a matter in which his Conscience will be concerned and when they are possessed of the publick Offices what will be left for the Protestants to do who will find no more the support of the Law and can expect little Encouragement from such Magistrates And on the other hand the advantages that the Roman Catholicks would find in being thus set loose from all restraints are so plain that it were a loss of time to go about the proving it I neither can nor will doubt of the sincerity of his Majesties intentions and that he has no other design before him in this matter but that all his Subjects may enjoy in all things the same Rights and Freedom But plain Reason as well as the Experience of all Ages the present as well as the past shews that it will be impossible for Roman Catholicks and Protestants when they are mixed together in places of Trust and publick Employments to live together peaceably or to maintain a good Correspondence together They will be certainly always jealous of one another For the Principles and the Maxims of both Religions are so opposite to one another that in my opinion I do not see how it will be in the power of any Prince or King whatsoever to keep down those Suspitions and Animosities which will be apt to arise upon all occasions As for that which you apprehend that the Dissenters shall not be delivered from the Penal Laws that are made against them unless at the same time the Test be likewise repealed This will be indeed a great unhappiness to them but the Roman Catholicks are only to blame for it who will rather be content that they and their Posterity should lie still under the weight of the Penal Laws and exposed to the hatred of the whole Nation than he still restrained from a capacity of attempting any thing against the Peace and the Security of the Protestant Religion And be deprived of that small advantage if it is at all to be reckoned one of having a share in the Government and publick Enjoyments since in all places of the World this has been always the priviledge of the Religion that is established by Laws and indeed these Attempts of the Roman Catholicks ought to be so much the more suspected and guarded against by Protestants in that they see that Roman Catholicks even when liable to that Severity of Penal Laws do yet endeavour to perswade his Majesty to make the Protestants whether they will or not dissolve the Security which they have for their Religion And to clear a way for bringing in the Roman Caâ—â—â—licks to the Government and to publick Employments In which case there would remain no relief for them but what were to be expected from a Roman Catholick Government Such then will be very unjust to
Orange designs the King's safety and preservation and hope all things may be composed without more Blood-shed by the calling a Parliament God grant a happy End to these Troubles that the King's Reign may be prosperous and that I may shortly meet You in perfect peace and safety till when let me beg You to continue the same favourable Opinion that You have hitherto had of Your most Obedient Daughter and Servant ANNE A Memorial of the Protestants of the Church of England Presented to their Royal Highnesses the Prince and Princess of Orange YOur Royal Highnesses cannot be ignorant that the Protestants of England who continue true to their Religion and the Government Established by Law have been many ways troubled and vexed by restless contrivances and designs of the Papists under pretence of the Royal Authority and things required of them unaccountable before God and Man Ecclesiastical Benefices and Preferments taken from them without any other Reason but the King's Pleasure that they have been summoned and sentenced by Ecclesiastical Commissioners contrary to Law deprived of their Birth-Right in the free Choice of their Magistrates and Representatives divers Corporations dissolved the Legal Security of our Religion and Liberty established and ratified by King and Parliament annull'd and overthrown by a pretended Dispensing Power new and unheard of Maxims have been preached as if Subjects had no Right but what depends on the King's Will and Pleasure The Militia put into the Hands of persons not qualified by Law and a Popish Mercenary Army maintained in the Kingdom in time of Peace absolutely contrary to Law The Execution of the Law against several high Crimes and Misdemeanours superseded and prohibited the Statutes against Correspondence with the Court of Rome Papal Jurisdiction and Popish Priests suspended that in Courts of Justice those Judges are displaced who dare acquit them whom the King would have Condemned as happened to Judg Powel and Holloway for acquitting the Seven Bishops Liberty of chusing Members of Parliament notwithstanding all the Care taken and Provision made by Law on that behalf wholly taken away by Quo Warranto's served against Corporations and the three known Questions All things carried on in open view for the Propagation and Growth of Popery for which the Courts of England and France have so long joyntly laboured with so much Application and Earnestness Endeavours used to perswade your Royal Highnesses to consent to Liberty of Conscience and abrogating the Penal Laws and Tests wherein they fell short of their aim That they most humbly implore the Protection of your Royal Highnesses as to the 〈◊〉 ending and incroachments made upon the Law for maintenance of the Protestant Religion our Civil and Fundamental Rights and Priviledg and that Your Royal Highness would be pleased to insist that the Free Parliament of England according to Law may be restored the Laws against Papists Priests Papal Jurisdiction c. put in Execution and the Suspending and Dispensing Power declared null and void the Rights and Priviledges of the City of London the free Choice of their Magistrates and the Liâ—â—â—ties as well of that as other Corporations restored and all things returned to their 〈◊〉 Channel c. Admiral Herbert 's Letter to all Commanders of Ships and Seamen in His Majesties Fleet. Gentlemen I Have little to add to what his Highness has express'd in general Terms besides laying before you the dangerous way you are at present in where Ruin or Infamy must inevitably attend you if you don't joyn with the Prince in the Common Cause for the Defence of your Religion and Liberties for should it please God for the sins of the English Nation to suffer your Arms to prevail to what can your Victory serve you but to enslave you deeper and overthrow the true Religion in which you have liv'd and your Fathers dy'd Of which I beg you as a Friend to consider the Consequences and to reflect on the Blot and Infamy it will bring on you not only now but in all After-Ages That by Your means the Protestant Religion was destroy'd and your Country depriv'd of its Ancient Liberties And if it pleases God to bless the Prince's Endeavours with success as I don't doubt but he will consider then what their Condition will be that oppose him in this so good a Design where the greatest Favour they can hope for is their being suffer'd to end their Days in Misery and Want detested and despised by all good Men. It is therefore and for many more Reasons too long to insert here that I as a true English-man and your Friend exhort you to joyn your Arms to the Prince for the Defence of the Common Cause the Protestant Religion and the Liberties of your Country It is what I am well assured the major and best part of the Army as well as the Nation will do so soon as convenience is offered Prevent them in so good an Action whilst it is in your power and may it appear That as the Kingdom hath always depended on the Navy for its Defence so you will yet go further by making it as much as in you lies the Protection of her Religion and Liberties and then you may assure your selves of all Marks of Favour and Honour suitable to the Merits of so great and glorious an Action After this I ought not to add so inconsiderable a thing as that it will for ever engage me to be in a most particular manner Your faithful Friend and humble Servant AR. HERBERT Aboard the Leyden in the Gooree Lord Delamear 's Speech THE occasion of this is to give you my Thoughts upon the present Conjuncture which concerns not only you but every Protestant and Free-born Man of England I am confident that wishes well to the Protestant Religion and his Country and I am perswaded that every Man of you thinks both in danger and now to lie at stake I am also perswaded that every Man of you will rejoyce to see Religion and Property settled if so then I am not mistaken in my Conjectures concerning you Can you ever hope for a better Occasion to root out POPERY and SLAVERY than by joining with the P. of O. whose Proposals contain and speak the Desires of every Man that loves his Religion and Liberty And in saying this I will invite you to nothing but what I will do my self and I will not desire any of you to go any further than I will move my self neither will I put you upon any Danger where I will not take share in it I propose this to you not as you are my Tenants but as my Friends and as you are Englishmen No Man can love Fighting for its own sake nor find any pleasure in danger And you may imagine I would be very glad to spend the rest of my days in peace I having had so great a share in Troubles but I see all lies at stake I am to chuse whether I will be a Slave and a Papist or a
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
persons to sit in Parliament and to exercise Offices in Church and State is only to declare that they do believe there is not any Transubstantiation in the Sacrament of the Lord's Supper or in the Elements of Bread and Wine at or after the Consecration by any persons whatsoever and that the Invocation of the Virgin Mary or any other Saint and the Sacrifice of the Mass as they are now used in the Church of Rome are Superstitious and Idolatrous And this Declaration the Non-conformists are of all people the most inclinable and forward to make and therefore very far by vertue of those Statutes from standing incapable of any Trust Office and Employment that other Subjects are admitted unto Nor hath there been a Protestant Dissenter since the first hour that these Laws were enacted that ever scrupled to take the Tests or that was precluded from Office and Employment for refusing them But on the contrary several of the most famous Dissenters such as Sir John Hartop Alderman Love and Mr. Eyles persons who at all times have kept at the greatest distance from Communion with the Church of England by reason of her Forms and Ceremonies are known to have chearfully made the Declaration contained in the Test Laws and thereupon to have sit as Members in divers Parliaments And as a further demonstration of the impudence and dishonesty of our Author in this particular it is not unworthy of remark that tho' the King hath taken upon him to dispense with the Tests and to prohibit the requiring them yet the Dissenters who have since that time been preferred to publick Trusts continue still to take them and go to the respective Courts where by Law the Declaration is enjoined to be exacted and there demand the being admitted to make it Tho' in the mean season they cannot be unsensible that it is the thing in the World whereby they most highly offend his Majesty it being both a proclaiming the Illegality of that Authority which he challengeth of dispensing with Laws and a defeating so far as lieth in them his great design as well as artifice for the introducing of Popery which his Soul is so much in travel with And were not this Author both a person of a most depraved Conscience and destitute of all common sense he would never have slandered Monsieur Fagel and so egregiously perverted his plain meaning as to tell us that tho' he be a Hollander and a Non-conformist yet he thanks God for the Test Laws by which his Non-conforming Brethren in England of what degree and quality soever they be stand excluded from Publick Employments For every one that will be so kind to himself and so just to the Pensionary as to read his Letter will immediately discern that there is not one word in it upon which to superstruct this calumny and accusation seeing he therein affirms in repeated and emphatical Terms that all contained in and designed by the Test Laws is the securing the Reformed Religion thro' the having provided that none be allowed to sit in Parliament nor admitted to Publick Offices except they declare that they are of the Reformed and not of the Roman Catholick Religion So that how Monsieur Fagel's Non-conformity Brethren in England should come to be affected by these Laws so as to receive any prejudice by them is that which none but a person of our Author's wit integrity and candor could have had the faculty either to conceive or alledge But that we may come to the second particular there is the less reason to wonder at this Gentleman's calumniating Mijn Heer Fagel and affixing dull tho' malicious Forgeries of his own unto him if we do but consider-with what petulancy and injustice he treats Their Serene Highnesses and at the gate of their own Court assumeth the confidence to misrepresent lessen and asperse them The nearness which those Princes stand in to the ascending the English Throne and the joyful prospect which all Protestants have of it exciteth a discontent and rage in our Author which he knows not how either to suppress or govern For not to mention what we learn of the kindness of Roman Catholicks to an Heir professing the Reformed Religion from the proceedings of Sixtus Quintus and the Papists in France towards Henry 4. we are sufficiently instructed what good will they bear to a Protestant Successor by the Bull which Clement 8. published about the End of Queen Elizabeth's Reign For the Supream and Infallible Head does therein ordain That when it should happen to that miserable Woman to die they should admit none to the Crown quantumque propinquitate sanguinis niterentur nisi ejusmodi essent qui fidem Catholicam non modo tolerarent sed omni ope ac studio promoverent more majorum jurejurando se id praestituros susciperent whatsoever Right and Title they should have thereunto by vertue of their next affinity in blood unless they should first swear not only to tolerate but to advance and establish the Romish Religion Nor can I avoid being filled with fear and reverence to the safety of some certain persons when I remember how Cardinal Baronius commends Irene for murdering the Emperor her Son because he was against the Worship of Images and not only calls it Justitiae zelum a righteous zeal but adds Christum docuisse summum pietatis genus esse in hoc adversus filium esse fidelem That Christ hath taught the perfiction of Religion in such a case to consist in fidelity to the Church tho' by destroying one that was both her Son and her Soveraign 'T is a high piece of injustice in our Author towards Their Highnesses and calculated for no other end but to alienate his Majesties affections from them when he tells us that the thing aimed at in the writing of the Pensionary's Letter as well as that pursued in the manner of publishing it was to obstruct the King's righteous pious designs and to render them unpracticable For the Letter being written in obedience to the Command of Their Highnesses to declare their Opinion in reference to the several matters about which it treateth it plainly follows that tho' Mijn Heer Fagel be accountable for the manner of cloathing and delivering their thoughts and for the Order and Method in which things are digested and possibly for the ratiocinations by which they are supported and enforced yet that the Prince and Princess are the persons who are alone responsible for the End unto which it was intended And it appears to have been so far from their intentions thereby to obstruct and defeat any pious and just designs of his Majesty that nothing can be more visible than that as it is admirably adapted to the giving ease and security to all his Protestant Subjects so it offereth means for relieving the Papists from the severe Laws to which they are liable and for the granting them a Warranty in a legal way for the exercise of their Religion Nor doth it
discourage any kind of favour towards them save that which the concession whereof would not only be inconsistent with the peace and safety of those of the Reformed Religion in England but which might enflame the Nation to such Resentments as would in all likelihood both endanger his Majesties Person and Crown and come at last to issue in the reducement of the Roman Catholicks to worse circumstances than they have hitherto been acquainted with But to proceed with our Author to whom it is so natural to act foolishly and with sauciness and injustice that neither the Character he is said to bear nor the Quality of the Persons of whom he speaks can either restrain his intemperance or correct his rudeness and indiscretion For Monsieur Fagel having said that he believes there are many Roman Catholicks who under the present state of Affairs will not be very desirous to be in Publick Offices and Employments nor use any attempts against those of the Reformed Religion and that not only because they know it to be contrary to Law but lest it should at some other time prove prejudicial to their Persons and States Our Author is so unjust as well as imprudent as to call this a menacing not only of all the Non-conformists and Roman Catholicks in England but a threatning of his Majesty and an insulting over him And from thence he takes occasion to add that he hopes God will inable his Majesty to repress and prevent the effects of these menaces and furnish him with means of mortifying those who do thus threaten and insult over him It certainly argues a strange weakness and distemper of mind to call so modest and soft an expression both a menacing of the King and of all his Catholick Subjects when I dare say it proclaimeth the sense of all among the Papists who are endowed with any measure of Wisdom and is nothing else save a Declaration of the measure by which they do at this day regulate and conduct themselves But the injustice of our Author towards Their Highnesses in his Reflections upon the forementioned expression of the Pensionary's is his intending them by the persons that do threaten his Majesty and insult over him For did he take Mijn Heer Fagel for the only guilty person in reference to this Phrase which he miscalls a Menace it would be a strange detracting in him from the Power and Glory of his Majesty of Great Brittain to wish him sufficient means whereby to shun the effects of a Gentleman 's threatning whose highest Figure in the World is meerly to be a Minister in a Republick Nor would he bring down his Master to so low a level as to make it the highest Object of his Hopes concerning so great a Monarch that he shall be able to mortifie a person who whatsoever his Merit be yet his Fortune is to fill no sublimer a Post So that it can be no other save the Prince and Princess whom our Author in his usual way of injustice petulancy and indiscretion does here character represent and intend And what he thereupon means by the Kings having power in his hands and by his hoping that God would furnish him with means by which he may mortifie them is not a matter of difficult penetration even by persons of the most ordinary capacities For the several methods that have been projected and are still carrying on for the debarring them from the Succession to the Imperial Crowns of England Scotland and Ireland to which they have so Just and Hereditary a Right are sufficient to detect unto us what our Author intends and serve as a Key whereby to open the scope and meaning of his Expressions But whatsoever the Papal and Jesuitick Endeavours may be for the obstructing and preventing their Ascending the Thrones of Great Brittain I dare say that all the effects they will have will be only the discovering the folly and malice of those that attempt it and that they can never be able to compass and accomplish it For as their Highnesses have both that interest in the Love and Veneration of all Protestants and so indisputable a Title that it is impossible they should be precluded either by Force or in a way to which their Enemies may affix the Name of Legal so there is no great cause to apprehend or fear their being supplanted by their King 's having Male Issue of a vigour to live considering both his Majesties condition and the Queens which is such that they can never communicate bona stamina vitae And for the Papists being able to Banter a suppositious Brat upon the Nation tho' there are many among them villanous enough to attempt it we have not only the watchfulness of Divine Providence to rely upon for preventing it but there are many faithful and waking Eyes that will be ready and industrious to discover the Cheat. And if the People once perceive that there hath been a contrivance carried on for putting so base an affront upon a noble and generous Kingdom and of committing so horrid a wrong against such Vertuous and Excellent Princes I do not know but that their Resentment of it may rise so high as that all who are discovered to have been accessory unto it may undergo the like fate that they of old did who were found to have been conscious and contributory unto the thrusting the Eunuch Smerdis into the Persian Throne Nor do I in the least doubt but that the same Righteous Wise and Merciful God who prevented the like villany when designed in the time of Queen Mary and which was advanced so far that some Priests had the wickedness and impudence both to give thanks in the publick Churches for her Majesties safe delivery of a Prince and also to describe the Beauty and Features of the Babe tho' all she had gone with amounted only to a Tympany of Wind and Water I say that I do not question but that the same God will out of his Immense Grace and Sapience find ways and methods of which there are many within the compass of his Infinite Understanding by which so hellish a piece of villany if there be any such projected and promoting may be brought into light and disappointed And truly when I consider the Christian and Royal Vertues wherewith their Highnesses are imbued and how they are furnished with all the Moral Intellectual and Religious accomplishments that are requisite for adapting them to weild Scepters and which render them not only so agreeable to the necessities and desires of all good people but so admirably qualified to answer both the present posture of Affairs in Europe and the Exigencies of those that are oppressed and afflicted I grow into a confidence that as the Church of God both in Brittain and elsewhere and the circumstances in which so many Countreys are involved do bespeak and crave their Exaltation to the Thrones of the Brittish Dominions so that they are both destined of God unto them and will in due