ensuing shall presume so maliciously to call or alledge or object against any other Person or Persons any Name or Names or other words of Reproach any way leading to revive the Memory of the late Differences or the occasion thereof That then every such Person so as aforesaid offending shall forfeit c. It is no matter for the Penalty it is too cheap a one the King wishes it had been greater and therefore hath by His just Prerogative and 't is well for us He hath such a Prerogative added another Penalty more insupportable even His high Displeasure against all who shall swerve from this Clause in the Act. Give me leave to tell you that as many Name or Names or other words of Reproach are expresly against the Letter and punishable accordingly so evil and envious looks murmuring and discontented hearts are as directly against the Equity of this Statute a direct breach of the Act of Indempnity and ought to be be punished too And I believe they may be so You know Kings are in some sense called Gods and so they may in some degree be able to look into mens hearts and God hath given us a King who can look as far into mens hearts as any Prince alive and he hath great skill in Physiognomy too you would wonder what Calculations He hath made from thence and no doubt if He be provoked by evil looks to make a further Enquiry into mens hearts and finds those corrupted with the Passions of Envy and Uncharitableness He will never choose those hearts to trust and rely upon He hath given us a Noble and Princely Example by opening and stretching His Arms to all who are worthy to be His Subjects worthy to be thought Englishmen by extending His heart with a pious and grateful joy to find all His Subjects at once in His Arms and Himself in theirs and shall we fold our arms towards one another and contract our hearts with Envy and Malice to each other by any sharp memory of what hath been unneighbourly or unkindly done heretofore What is this but to rebell against the Person of the King against the excellent Example and Vertue of the King against the known Law of the Land this blessed Act of Oblivion My Lords and Gentlemen The King is a Suitor to you makes it His Suit very heartily That you will joyn with Him in restoring the whole Nation to its primitive Temper and Integrity to its old good Manners its old good Humour and its old good Nature Good Nature a Vertue so peculiar to you so appropriated by God Almighty to this Nation that it can be translated into no other Language hardly practised by any other People and that you will by your Example by the Candor of your Conversation by your Precepts and by your Practise and by all your Interest teach your Neighbours and your Friends how to pay a full Obedience to this Clause of the Statute how to learn this excellent Art of Forgetfulness Let them remember and let us remember how ungracious how undecent how ugly the Insolence the Fierceness the Bruitishness of their Enemies appeared to them and we may piously and reasonably believe that Gods Indignation against them for their want of Bowels for their not being Englishmen for they had the hearts of Pagans and Infidels sent a Whirlwind in a moment to blow them out of the World that is out of a capacity to do more mischief in the World except we practise their Vices and do that our selves which we pretend to detest them for Let us not be too much ashamed as if what hath been done amiss proceeded from the humour and the temper and the nature of our Nation The Astrologers have made us a fair excuse and truly I hope a true one all the motions of these last twenty Years have been unnatural and have proceeded from the evil Influence of a malignant Star and let us not too much despise the Influence of the Stars And the same Astrologers assure us that the Malignity of that Star is expired the good Genius of this Kingdom is become Superiour and hath mastered that Malignity and our own good old Stars govern us again and their Influence is so strong that with our help they will repair in a Year what hath been decaying in twenty and they only shall have no excuse from the Star who continue their Malignity and own all the ill that is past to be their own by continuing and improving it for the time to come If any body here or any where else be too much exalted with what he hath done or what he hath suffered and from thence thinks himself waranted to reproach others let him remember the story of Nicephorus it is an excellent story and very applicable to such Distempers He was a pious and a religious man and for his Piety and Religion was condemned to the fire when he was led to Execution and when an old Friend who had done him injury enough fell at his feet and asked him Pardon the poor Man was so elevated with the Triumph he was going unto with the Glory of Martyrdom that he refused to be reconciled unto him upon which he was disapointed of his end and for this Uncharitableness the Spirit of God immediately forsook him and he apostatized from the Faith Let all those who are too proud of having been as they think less faulty then other Men and so are unwilling to be reconciled to those who have offended them take heed of the Apostacy of Nicephorus and that those fumes of Envy and Uncharitableness and Murmuring do not so far transport and intoxicate them that they fall into those very Crimes they value themselves for having hitherto declined But My Lords and Gentlemen whilest we conspire together to execute faithfully this part of the Bill to put all old Names and Terms of Distinction into utter Oblivion let us not find new Names and Terms to keep up the same or a worse Disstinction If the old Reproaches of Cavalier and Round-head and Malignant be committed to the Grave let us not find more significant and better words to signifie worse things let not Piety and Godliness grow into terms of Reproach and disstinguish between the Court and the City and the Countrey and let not Piety and Godliness be measured by a morosity in Manners an affectation of Gesture a new mode and tone of Speaking at least let not our Constitutions and Complexions make us be thought of a contrary Party and because we have not an affected austerity in our looks that we have not Piety in our hearts Very merry Men have been very godly Men and if a good Conscience be a continual Feast there is no reason but Men may be merry at it You Mr. Speaker have this Day made a noble Present to the King Do you think if you and your worthy Companions had brought it up with folded Arms down-cast Looks with Sighs and other Instances of Desperation it
false Accusations followed without number Oppression and Injustice broke forth like a Flood And to gain the King's Favour they fill'd his Coffers The Indictments against them mentioned in Anderson's Reports Pa. 156 157 are worth reading whereby they are charged with Treason for Subverting the Laws and Customs of the Land in their proceedings without Grand Juries and procuring the murmuring and hatred of the People against the King to the great danger of him and the Kingdom Nothing could satisfy the Kingdom tho ' the King was dead whom they had flattered and served but such Justice done upon them and many of their Instruments and Officers as may for ever make the Ears of Judges to tingle And it is not to be forgotten that the Judges in Queen Eliz. time in the Case of R. Cavendish in Anderson's Reports P. 152 and 155. were as they told the Queen and her Councellors by the punishment of former Judges especially of Empson and Dudley deterred from obeying her illegal Commands The Queen had sent several Letters under her Signet Great Men pressed them to obey her Patent under the Great Seal and the Reasons of their disobedience being required they answered That the Queen her self and the Judges also had taken an Oath to keep the Laws And if they should obey her Commands the Laws would not warrant them and they should therein break their Oath to the Offence of God and their Country and the Common-wealth wherein they were born And say they if we had no fear of God yet the Examples and Punishments of others before us who did offend the Laws do remember and recall us from the like Offences Whosoever being in the like places may design or be put upon the like practices will do well to consider these Examples and not to think that he who obliquely Endeavours to render Grand Juries useless is less Criminal than he that would absolutely abolish them That which doth not act according to its Institution is as if it were not in being And whoever doth without prejudice consider this matter will see that it is not less pernicious to deny Juries the use of those Methods of discovering Truth which the Law hath appointed and so by degrees turn them into a meer matter of form than openly and avowedly to destroy them Surely such a gradual Method of destroying our Native Right is the most dangerous in its consequence The safety which our Fore-fathers for many hundred of years enjoyed under this part of the Law especially and have transmitted to us is so apparent to the meanest Capacity that whoever shall go about to take it away or give it up is like to meet with the fate of Ishmael to have every man's hand against him because he is against every Man Artifices of this Kind will ruine us more silently and so with less opposition and yet as certainly as the other more moved oppression This only is the difference that one way we should be slaves immediately and the other insensibly But with this further disadvantage too that our slavery should be the more unavoydable and the faster rivited upon us because it would be under colour of Law which Practice in Time would obtain Few men at first see the danger of little changes in Fundamentals and those who design them usually act with so much craft as besides the giving specious Reasons they take great Care that the true Reason shall not appear Every design therefore of changing the Constitution ought to be most warily observed and timely opposed Nor is it only the Interest of the People that such Fundamentals should be duly guarded for whose benefit they were at first so carefully layed and whom the Judges are sworn to serve but of the King too for whose sake those pretend to act who would subvert them Our Kings as well as Judges are sworn to maintain the Laws They have themselves in several Statutes required the Judges at their peril to administer Equal Justice to every Man notwithstanding any Letters or Commauds c. even from themselves to the contrary And when any failure hath been the greatest and most powerful of them have ever been the readiest to give Redress It appears by the Preface to the Statutes of 20th Ed. 3. that the Judicial proceedings had been perverted That Letters Writs and Commands had been sent from the King and great Men to the Justices and that Persons belonging to the Court of the King the Queen the Prince of Wales had maintained and abetted Quarrels c. whereby the Laws had been violated and many wrongs done But the King was so far from justifying his own Letters or those illegal practices That the preamble of those Statutes saith they were made for the relief of the People in their sufferings by them That brave King in the height of his glory and vigor of his Age chose rather to confess his Error than to continue in it as is evident by his own words Edward by the Grace of God c. Because by divers Complaints made unto us we have perceived that the Law of the Land which we by our Oath are bound to maintain is the less well kept and Execution of the same disturbed many times by maintenances and procurements as well in the Court as the Country We greatly moved of Conscience in this matter and for this Cause desiring as much for the pleasure of God and ease and quietness of our Subjects as to save our Conscience and for to save and keep our said Oath by the Assent c. Enact That Judges shall do Justice notwithstanding Writs Letters or Commands from himself c. and that none of the King's House or belonging to the King Queen or Prince of Wales do maintain Quarrels c. King James in his Speech to the Judges in the Starchamber Anno. 1616. told them That he had after many years resolved to renew his Oath made at his Coronation concerning Justice and the promise therein contained for maintaining the Law of the Land And in the next page save one says I was sworn to maintain the Law of the Land and therefore had been perjured if I had broken it God is my Judge I never intended it And His Majesty that now is hath made frequent Declarations and Protestations of his being far from all thoughts of designing an Arbitrary Government and that the Nation might be confident he would rule by Law Now if after all this any Officer of the Kings should pretend Instructions from his Master to demand so material an alteration of proceedings in the highest Cases against Law as are above mentioned And the Court who are required to slight and reject the most solemn Commands under the Great Seal if contrary to Law should upon a verbal Intimation allow of such a Demand and so break in upon this Bulwark of our Liberties which the Law has erected Might it not give too just an occasion to suspect that all the legal securities of our Lives
some cases a Promise is in the nature of a Covenant and then between equal parties the breach of it will bear a Suit but where the greatness of the Promiser is very much raised above the Level of equality there is no Forfeiture to be taken It is so far from the party grieved his being able to sue or recover Damages that he will not be allow'd to explain or expostulate and instead of his being relieved against the breach of Promise he will run the hazard of being punished for breach of Good Manners Such a difficulty is putting all or part of the Payment in the Fire where Men must burn their Fingers before they can come at it That cannot properly be called good payment which the party to whom it is due may not receive with ease and safety It was a King's Brother of England who refused to lend the Pope mony for this reason That he would never take the Bond of one upon whom he could not distrain The Argument is still stronger against the validity of a Promise when the Contract is made between a Prince and a Subject The very offering a King's Word in Mortgage is rather a threatning in case of Refusal than an inducing Argument to accept it it is unfair at first and by that giveth greater cause to be cautious especially if a thing of that value and dignity as a King's Word ought to be should be put into the hands of State-brokers to strike up a Bargain with it XXVIII When God Almighty maketh Coveant with Mankind His promise is a sufficient Security notwithstanding his Superiority and his power because first he can neither err nor do injustice It is the only Exception to his Omnipotence that by the Perfection of his being he is incapacitated to do wrong Secondly at the instant of His promise by the extent of his Foresight which cannot fail there is no room left for the possibility of any thing to intervene which might change his mind Lastly he is above the receiving either Benefit or Inconvenience and therefore can have no Interest or Temptation to vary from his Word when once he hath granted it Now though Princes are God's Vicegerents yet their Commission not being soo large as that these Qualifications are devolved to them it is quite another case and since the offering a Security implyeth it to be examined by the party to whom it is proposed it must not be taken ill that Objections are made to it even though the Prince himself should be the immediate Proposer Let a familiar Case be put Suppose a Prince tempted by a Passion to strong for him to resist should descend so as to promise Marriage to one of his Subjects and as Men are naturally in great haste upon such occasions should press to take possession before the necessary Forms could be complyed with would the poor Ladies Scruple be called Criminal for not taking the Security of the Royal Word Or would her Allegiance be tainted by her resisting the sacred Person of her Soveraign because he was impatient of delay Courtesie in this case might perswade her to accept it if she was so disposed but sure the just exercise of Power can never claim it XXIX There is one Case where it is more particularly a Duty to use very great occasion in accepting the security of a Promise and that is when Men are Authorized and trusted by others to act for them This putteth them under much greater restraints than those who are at liberty to treat for themselves It is lawful though it is not prudent for any man make an ill Bargain for himself but it is neither the one nor the other where the party contracting treateth on behalf of another by whom he is intrusted Men who will unwarily accept an ill security if it is for themselves forfeit their own discretion and undergo the Penalty but they are not responsible to any body else They lie under the Mortification and the loss of committing the error by which though they may expose their Judgment to some censure yet their Morality suffers no reproach by it But those who are deputed by others to treat for them upon terms of best advantage though the Considence placed in them should prevent the putting any limits to their power in their Commission yet the Condition implied if not expressed is that the Persons so trusted shall neither make an ill Bargain nor accept a slight Security The Obligation is yet more binding when the Trust is of a Publick Nature The aggravation of disappointing a Body of Men that rely upon them carrieth the Fault as high as it can go and perhaps no Crime of any kind can out do such a deliberate breach of Trust or would more justly make Men forfeit the protection of humane Society XXX I will add one thing more upon this Head which is that it is not always a true Preposition that 't is safe to rely upon a promise if at the time of making it it is the Interest of the Promiser to make it good This though many times it is a good Inducement yet iâ— hath these Exceptions to it First if the proposer hath at other times gone plainly against his Visible Interest the Argument will turn the other way and his former Mistakes are so many Warnings to others not to come within the danger any more let the Inducements to those Mistakes be never so great and generous that does not alter the Nature they are Mistakes still Interest is an uncertain thing It goeth and cometh and varieth according to times and circumstances as good build upon a Quick-sand as upon a presumption that Interest shall not alter Where are the Men so distinguished from the rest of Mankind that it is impossible for them to mistake their Interest Who are they that have such an Exemption from human frailty as that it can never happen to them not to see their Interest for want of Understanding or not to leap over it by excess of Zeal Above all Princes are most liable to mistake not out of any defect in their Nature which might put them under such an unfortunate distinction quite contrary the blood they derive from great and wise Ancestors does rather distingush them on the better side besides that their great Character and Office of Governing giveth a noble Exercise to their Reason which can very hardly fail to raise and improve it But there is one Circumstance annexed to their Glorious Calling which in this Respect is sufficient to outweigh all those Advantages it is that Mankind divided in most things else agree in this to conspire in their Endeavours to deceive and mislead them which maketh it above the Power of human Understanding to be so exactly guarded as never to admit a Surprize and the highest Applause that could ever yet be given to the greatest Men that ever wore a Crown is that they were no oftner deceived Thus I have ventured to lay down my Thoughts of
from the publick and established Religion As to the first it is sufficiently known that according to the judgment of the Church of Rome we are Hereticks and that Heresie being Crimen laesae Majestatis Divinae we are therefore the worst of Traitors and liable to the Penalties of the greatest High Treason And thereupon we are not only declared to be infamous and sentenced to be deprived of all Honor and Dignity and to be incapable of all Offices and have our Estates confiscated and seised but we are condemned to be burnt and if that cannot conveniently be effected it is both made lawful and meritorious to extirpate us by War or Massacre as shall be best and most safe for the Church of Rome In order whereunto not only all Laws made for our Security are declared to be null and that no promises made unto us ought to be kept but all Princes that neglect to destory and extirpate us are proclaimed to be deposed And sutable hereunto has their carriage been for many ages to such as differ from them in Articles of Faith and will not joyn in their Superstitions and Idolatries In proof where of I neither need to insist upon the infinite Murders committed by the Inquisition the most Devilish Engine of Cruelty that ever the World was acquainted with nor to reflect so far backward as the Parisian and Irish Massacres or the infinite Slaughters perpetrated heretofore in France Germany and the Low Countreys c. seeing we have such fresh and doleful evidences of the mercy and gentleness of the Papal Church in the ungrateful inhumane perjurious and salvage persecutions executed so lately in France and Piedmont If it be the effect of Royal and Paternal affection in the King of England to his Subjects that all he endeavoureth is to treat them as becomes a common Father without making any distinction between one and another as our Author is pleased to call it in his Testimony concerning him what cruel Parents must many Princes of the Roman Communion be who act with that difference towards their people that while they cherish and embrace some they tear out the Bowels and suck the blood of others And if no Society destitute of such tender and Christian affections can merit the name of a Church we hence learn where to fasten the character of being the Mother of Harlots In that we not only know whose Doctrine it is that whom She cannot convert She ought to destroy but that we have observed her to have been in all Ages drunk with the Blood of Saints All the commendations our Author bestows upon the King of England are not only either so many accusations of His Majesties insincerity in the Papal Faith or infallible indications that both the King pardon the expression and his Minister are Hypocritical Dissemblers but they are stabbing and twinging Satyr's against Mother Church and the Holy Father and against his Brittanick Majesties dear Brother and Ally the French King Nor can we be guilty either of Crime or Indecency in the worst we can say of the Church of Rome and the Most Christian King seeing we have in equivalent Terms a President for it both from so good a Catholick and so wise a Minister of a great Monarch as our honourable Author is And tho I begin to grow weary of conversing with so impertinent a man yet I am bound to wait upon him a little longer and while the Reader can reap no advantage by any thing he says to see whether it be not possible to lay hold of an occasion from his Ignorance and Folly to communicate things that may be more solid and instructive The sixth thing therefore whereof I accused him and for which I promised to call him to an account is his egregious ignorance in relation to Government Laws Customs and matters of Fact Mijn Heer Fagel tells us that the Test Laws being enacted by King and Parliament for the Security of the Reformed Religion and the Roman Catholicks receiving no prejudice by them but being meerly restrained from getting into a condition to subvert it therefore Their Highnesses could not consent to their Repeal And he further adds that there is no Kingdom Common-wealth or any constituted Body and Society in which there are not Laws made for the safety thereof which not only provide against all attempts that may disturb their peace but which prescribe such conditions as they judge necessary for the discerning who are qualified to bear Employments To which he again subjoins that there is a great difference between the conduct of these of the Reformed Religion towards Roman Catholicks which is moderate and only to prevent their getting into a capacity to do hurt and that of those of the Roman Catholick Religion towards the Reformed who not being satisfied to exclude them from places of Trust do both suppress the whole Exercise of their Religion and severely persecute all that profess it And he finally adds that both Reason and the Experience of the present as well as past Ages do shew that it is impossible for Roman Catholicks and those of the Reformed Religion when joyned together in places of Trust and publick Employment to maintain a good Correspondence live in mutual peace and to discharge their Offices quietly and to the publick Good Now from these several passages which carry their own evidence along with them our Author takes occasion both to vent his foolish and ridiculous Politicks and to proclaim his ignorance in History and of the most obvious matters of Fact However we shall have the patience to hearken to what he hath been pleased to say and shall examine it piece by piece as we go along And the first thing he does is to acquaint us with a mighty Mystery of State and which none but so great a Minister could have been able to have revealed namely that tho the King and Parliament upon the first Revolution with respect to Religion and the introducing and setting up the Reformed Religion thought fit to make those Laws which they judged necessary for its preservation yet that it does not follow that his present Majesty and a Parliament would be of the same mind but that they might enact Laws of a differing Nature from the former and re-establish Religion into the same State in which it was before the Reformed Doctrine and Worship was set up We are much obliged to our Author for this discovery though I must add that this it is to trust a Fool with secrets for he will be sure to be blabbing For tho he subjoin that he will not say that matters would be pushed so far yet he hath already told us enough to make us understand both what his own hopes are and what is designed by the Papal party if they could compass a Parliament of a Complexion and Temper to their mind But there are two fatal things which lye in their way One is that neither progressing nor closeting bribing nor threatning can
for we assure our selves that no rational and unbyassed Person will judge it Rebellion to defend our Laws and Religion which all our Princes have sworn at their Coronations Which Oath how well it hath been observed of late we desire a Free Parliament may have the Consideration of We own it Rebellion to resist a King that governs by Law but he was always accounted a Tyrant that made his Will his Law and to resist such an one we justly esteem no Rebellion but a necessary Defence And in this Consideration we doubt not of all Honest Mens Assistance and humbly hope for and implore the great Gods Protection that turneth the Hearts of People as pleaseth him best it having been observed That People can never be of one Mind without his Inspiration which hath in all Ages confirmed that Observation Vox Populi est Vox Dei The present restoring of Charters and reversing the oppressing and unjust Judgment given on Magdalen Colledg Fellows is plain are but to still the People like Plums to Children by deceiving them for a while but if they shall by this Stratagem be fooled till this present Storm that threatens the Papists be past as soon as they shall be resetled the former Oppression will be put on with greater vigour But we hope in vain is the Net spread in the sight of the Birds For 1. the Papists old Rule is That Faith is not to be kept with Hereticks as they term Protestants tho the Popish Religion is the greatest Heresie And 2. Queen Mary's so ill observing her Promises to the Suffolk-men that help'd her to the Throne And above all 3. the Popes dispensing with the breach of Oaths Treaties or Promises at his pleasure when it makes for the service of Holy Church as they term it These we say are such convincing Reasons to hinder us from giving Credit to the aforesaid Mock-Shews of Redress that we think our selves bound in Conscience to rest on no Security that shall not be approved by a Freely Elected Parliament to whom under God we refer our Cause His Grace the Duke of Norfolk 's Speech to the Mayor of Norwich on the First of December in the Market-place of Norwich Mr. Mayor NOT doubting but you and the rest of your Body as well as the whole City and Country may be Alarmed by the great Concourse of Gentry with the numerous Appearance of their Friends and Servants as well as of your own Militia here this Morning I have thought this the most proper place as being the most publick one to give you an Account of our Intentions Out of the deep sense we had that in the present unhappy Juncture of Affairs nothing we could think of was possible to secure the Laws Liberties and Protestant Religion but a Free Parliament WE ARE HERE MET TO DECLARE That we will do our utmost to defend the same by declaring for such a Free Parliament And since His Majesty hath been pleased by the News we hear this day to order Writs for a Parliament to sit the Fifteenth of January next I can only add in the name of my Self and all these Gentlemen and others here met That we will ever be ready to support and defend the Laws Liberties and Protestant Religion And so GOD SAVE THE KING To this the Mayor Aldermen and the rest of the Corporation and a numerous Assembly did concur with his Grace and the rest of the Gentry His Grace at his lighting from his Horse perceiving great numbers of Common People gathering together called them to him and told them He desired they would not take any occasion to commit any Disorder or Outrage but go quietly to their Homes and acquainted them that the King had ordered a Free Parliament to be called The Speech of the Prince of Orange to some Principal Gentlemen of Somersetshire and Dorsetshire on their coming to joyn his Highness at Exeter the 15th of Nov. 1688. THO we know not all your Persons yet we have a Catalogue of your Names and remember the Character of your Worth and Interest in your Country You see we are come according to your Invitation and our Promise Our Duty to God obliges us to protect the Protestant Religion and our Love to Mankind your Liberties and Properties We expected you that dwelt so near the place of our Landing would have joyn'd us sooner not that it is now too late nor that we want your Military Assistance so much as your Countenance and Presence to justifie our declar'd Pretensions rather than accomplish our good and gracious Designs Tho we have brought both a good Fleet and a good Army to render these Kingdoms happy by rescuing all Protestants from Popery Slavery and Arbitrary Power by restoring them to their Rights and Properties established by Law and by promoting of Peace and Trade which is the Soul of Government and the very Life-Blood of a Nation yet we rely more on the goodness of God and the Justice of our Cause than on any Humane Force and Power whatever Yet since God is pleased we shall make use of Human Means and not expect Miracles for our Preservation and Happiness let us not neglect making use of this gracious Opportunity but with Prudence and Courage put in Execution our so honourable Purposes Therefore Gentlemen Friends and Fellow-Protestants we bid you and all your Followers most heartily Welcom to our Court and Camp Let the whole World now judg if our Pretensions are not Just Generous Sincere and above Price since we might have even a Bridge of Gold to return back But it is our Principle and Resolution rather to die in a good Cause than live in a bad One well knowing that Vertue and True Honour is its own Reward and the Happiness of Mankind Our Great and Only Design The true Copy of a Paper delivered by the Lord Devonshire to the Mayor of Darby where he quarter'd the one and twentieth of November 1688. WE the Nobility and Gentry of the Northern parts of England being deeply sensible of the Calamities that threaten these Kingdoms do think it our Duty as Christians and good Subjects to endeavour what in us lies the Healing of our present Distractions and preventing greater And as with grief we apprehend the said Consequences that may arise from the Landing of an Army in this Kingdom from Foreign parts So we cannot but deplore the Occasion given for it by so many Invasions made of late Years on our Religion and Laws And whereas we cannot think of any other Expedient to compose our Differences and prevent Effusion of Blood than that which procured a Settlement in these Kingdoms after the late Civil Wars the Meeting and Sitting of a Parliament freely and duly Chosen we think our selves obliged as far as in us lies to promote it And the rather because the Prince of Orange as appears by his Declaration is willing to submit his own Pretensions and all other Matters to their Determination We heartily Wish and
Regnis atque populi innumerabiles in Guerrâ illâ mortem mortis periculum sustinuerunt bona quoque catalla inaestimabilia thesauros innumerabiles pro sustentatione hujus guerrae Communes Regni hujus indefesse effuderunt Et quod graviùs dolendum est jam in diebus vestris tanta onera iis imposita pro guerris vestris sustinendis supportaverunt quod ad tantam pauperiem incredibilem deducti sunt quod nec reditus suos pro suis tenementis solvere possunt nec Regi subvenire nec vitae necessaria sibi ipsis ministrare depauperatur Regia potestas Dominorum Regni magnatum infelicitas adducitur atque totius populi debilitas Nam Rex depauperari nequit qui divitem habet populum nec dives esse potest qui pauperes habet communes Et mala haec omnia redundant non solum Regi sed omnibus singulis Dominis Proceribus Regni unicuique in suo gradu Et haec omnia eveniunt per iniquos ministros Regis qui malè gubernaverunt Regem Regnum usque in praesens Et nisi manus citiùs apponamus adjutrices remedii fulcimentum adhibeamus Regnum Angliae dolorosè attenuabitur tempore quo minus opinamur Sed unum aliud de nuncio nostro superest nobis ex parte populi vestri vobis intimare Habent enim EX ANTIQUO STATUTO de facto non longe retroactis temporibus experienter quod dolendum est habito si Rex EX MALIGNO CONSILIO QUOCUNQUE vel INEPTA CONTUMACIA aut CONTEMPTU seu PROTERVA VOLUNTATE SINGULARI aut QUOVIS MODO IRREGULARI se alienaverit à populo suo nec voluerit per jura Regni Statuta ac laudabiles Ordinationes cum salubri consilio Dominorum Procerum Regni gubernari regulari sed capitose in suis insanis consiliis propriam voluntatem suam singularem proterve exercere extunc licitum est iis cum communi assensu consensu Populi Regni ipsum REGEM DE REGALI SOLIO ABROGARE propinquiorem aliquem de stirpe Regiâ loco ejus in Regni solio sublimare H. Knighton Collect. 2681. Wherefore taking wholsome Advice they sent by common Assent of the whole Parliament the Lord Thomas de Woodstock Duke of Glocester and Thomas de Arundell Bishop of Ely to the King to Eltham to salute him on behalf of the Lords and Commons of his Parliament who express'd their Desires to the King to this effect Sir The Lords and all the Commons of your Parliament have themselves commended to your most excellent Majesty desiring the Success of your invincible Honour against the Power of your Enemies and a most firm Bond of Peace and Love in your Heart towards your Subjects for your good God-wards and the good of your Soul and to the unspeakable Comfort of all your People whom you govern On whose behalf we intimate these things to you That it appears to us by an antient Statute and by laudable and approved Vsage which cannot be deny'd that our King can call together the Peers of the Realm and the Commons once a year to his Parliament as to the supream Court of the whole Kingdom in which all Right and Justice ought to shine forth without any doubt or stain as the Sun at Noon-day where Poor and Rich may find an infallible Refuge to enjoy the Refreshments of Tranquillity and Peace and for repelling of Injuries where also Errors in Government are to be reformed and the State and Government of King and Kingdom treated upon by sage Advice and the destroying and repelling of both intestine and foreign Enemies to the King and Kingdom with most Convenience and Honour may be debated upon and provided for as also in what manner the Charges incumbent upon the King and Kingdom may be born with most ease to the Commonalty They conceive likewise that since they bear the incumbent Charges it concerns them to inspect how and by whom their Goods and Chattels are expended They say also that it appears to them by an antient Statute that if the King absent himself from his Parliament voluntarily not by reason of Sickness or for any other necessary cause but through an inordinate Will shall wantonly absent himself by the space of forty days as not regarding the Vexation of his People and their great Expences it shall then be lawful to all and singular of them to return to their own Homes without the King's leave And you have now been longer absent and have refused to come to them for what cause they know not Then said the King I now plainly see that my People and the Commons design to oppose me with Force and are about to make an Insurrection against me And if I be so infested I think the best course I can take will be to _____ my Cousin the King of France and ask his Advice and pray in aid of him against those that way-lay me and rather to submit my self to him than be foil'd by my own Subjects To which they reply'd That Counsel is not for your good but will inevitably tend to your ruin for the King of France is your capital Enemy and the greatest Adversary that your Kingdom has and if he should set his foot within your Kingdom he would rather endeavour to prey upon you and invade your Realm and to depose you from your Royal Dignity than afford you any Assistance if which God forbid you should stand in need of his help Call to mind therefore how your Grand-father King Edward III and your Father Prince Edward for him fought indefatigably in Sweat and Sorrow all their days and went through innumerable Hardships of Cold and Heat to acquire the Kingdom of France which by hereditary Right appertain'd to Them and does now to You by Succession after them Remember likewise how innumerable Lords and Commons of both Realms and Kings and Gentlemen of other Kingdoms and People innumerable perished or hazarded perishing in that War and that the Commons of this Realm pour'd out Goods of inestimable value and innumerable Sums of Money for the carrying on of that same War and which is more to be lamented they have now in your days undergone such heavy Taxes towards the maintaining of your Wars that they are reduced to such incredible Poverty that they cannot so much as pay their Rents for their Farms nor aid the King nor afford themselves Necessaries and the King himself is impoverish'd and the Lords become uneasy and all the People faint for a King cannot become poor that has a rich People nor can he be rich whose People are poor And all these Mischiefs redound not to the King only but also to all and singular the Peers of the Realm in proportion And all these Mischiefs happen by means of the King 's Evil Ministers who have hitherto misgovern'd both the King and Kingdom and if some course be not taken the Kingdom of England will
prevent or Check the French will have an Army of at least 50000 Men about Lorain Luxenburg and Burgundy to face the Imperialists and at the same Time with as many more perhaps they will seize upon the Dutchy of Juliers and of Cleves and from thence pass the Rhine to countenance those that are of the French Cabal on the side of Westphalia and so in due time several other Princes of the Empire It is remarkable that in Three Years War against the Confederates his most Christian Majesty has not only stood his ground without losing so much as one Inch of his Ancient Patrimony but actually and almost without Opposition taken several Towns and some entire Provinces from the Principals of the Confederacy And made himself almost as considerable at Sea as he is at Land Not only in the Mediterranean and upon the Coasts of Spain and Italy but in America too where he has laid a Foundation of great Mischief both to England and Holland in the point of Commerce if not timely prevented And he does little less by his Money than by his Arms for he pays all and with French Money under pretext of Neutrality maintains considerable Armies in the very heart of the Empire which 't is feared will be ready enough upon any distaster to joyn with the Common Enemy It is the French Court that manages the Counsels of Poland and they govern the Swisse no less who by the Conquest of the Franche County are made little better then slaves And yet by a fatal Blindness that Republick still furnishes the French with the best of their Soldiers and helps forward the Destruction of Europe never dreaming that they themselves are to be undone too at last But it is no great matter you 'l say to impose upon the Swisse which are a heavy and Phlegmatick People but the French Charms have bewitch'd even Italy it self though a Nation the most Clear-sighted and suspicious of all others For their Republicks lie as quiet as if they were asleep though the Fire is already kindled in Sicily and the Danger brought home to their own Doors It is a wonder that they lay things no more to heart considering First the Passages the French have to favour their Entry Secondly That they are many and small States weak and easily to be corrupted if not so already Thirdly that though they have been formerly very brave and many particulars remain so still yet in the generality they are soft and effeminate And Fourthly that the French is there the Master of the Seas These Reflections methinks might convince any Man of the Condition they are in And certainly they that were not able to defend themselves against Charles the Eighth will be much less able to encounter Lewis the 14th Or if he gets in to drive him out again as they did the Other For they must do it wholly upon their own Strength having only the Turk in Condition to help them For Germany and Spain are sunk already And the Swisse will neither dare to venture upon 't nor are they able to do it if they had a mind tot As for Spain it is neither Populous nor fortifi'd and perhaps want of Provisions may keep it from an Invasion And yet for all that with a Body of Thirty or Forty Thousand Men by the way of Fontaraby and as many by Catalonia the French may if they please in two Campania's make themselves Masters of Navarre Arragon Catalonia and Valentia and then it is but fortifying the Frontiers and making his Catholick Majesty a Tributary in Castile Who must content himself to take what they please to give him over and above in consideration of his Dominions in Italy and the Spanish Indies A Possibility that England and Holland shall do well to think of For when he has the Mines in his Power and Europe under his Feet there will be no contending After this they have only the Swisse or the English to fall upon next For the Former they are neither fortified nor united in Affections or Religion As for England They are a People not naturally addicted to the French sensible of their Honour and of their Interest and the whole World is convinced of their Courage They are United under the Government of a Gracious Prince and their Concerns are at this Instant lodged in the hands of the most Loyal and Publick-spirited Representatives that ever acted in that Station beside the Strength of the Island by Situation So that the French would find it a hard matter either to make a Conquest here or if they should surprize it to keep it But yet they have finer Ways to Victory than by Force of Arms and their Gold has done them better Service than their Iron What have we now to do then but in a Common Cause to arm against a Common Oppression This is the time or never for Italy to enter into a League for their Common Safety and not only to keep but if possible to force the French from their Borders while the Imperial Army holds the Capital Power of France in Play And this is the time too for the Swisse to recal all their Troops out of the French Service and to strike a general League also for the Recovery of Burgundy the only Outwork of their Liberties and to expel the French Garrisons and deliver the places into the hands of the Right Owners And will it not concern Poland as much as any of the rest that stands and falls with the Empire as the Defence of Christendom against the Turks and whose own turn is next This Alarm methinks should call off the Princes from the Acquisitions they have made upon part of the Swedes Possessions in the Empire to the Assistance of the Spanish Netherlands and make all the French Mercenaries in the Empire to bethink themselves of returning from the Delusions which either the French Artifice or Money has imposed upon them He that has no regard for the Head will have less for the Dependences when he has them at his Mercy Nay the very French themselves should do well to contemplate the Slavery that is now prepar'd for them Their Laws and Liberties are trampled upon and till the French Government be reduc'd to the Bounds of its Ancient Constitution neither the People nor their Neighbours can ever be secure In this dangerous Crisis of Affairs it has pleas'd Divine Providence to leave England the Arbitress of the Fate of Europe and to annex such advantages to the Office that the Honour the Duty and Security of this Nation seem to be wrapt up together In the Point of Honour what can be more Generous than to succour the Miserable and the Oppress'd and to put a stop to that Torrent that threatens Christendom with an Universal Deluge Beside the Vindication of our selves for those Affronts and Indignities both Publick and Private that we have suffer'd upon our own Account And then in matter of Duty It is not only Christendom
not unknown to your Majesty how restless the Endeavours and how bold the Attempts of the Popish Party for many years last past have been not only within this but other your Majesties Kingdoms to introduce the Romish and utterly to extirpate the true Protestant Religion The several Approaches they have made towards the compassing this their Design assisted by the Treachery of perfidious Protestants have been so strangely successful that 't is matter of Admiration to Us and which we can only ascribe to an Over-ruling Providence that your Majesties Reign is still continued over Us and that We are yet assembled to consult the means of our preservation This bloody and restless Party not content with the great Liberty they had a long time enjoyed to excercise their own Religion privately amongst themselves to pertake of an equal Freedom of their persons and Estates with your Majesties Protestant Subjects and of an Advantage above them in being excused from chargeable Offices and Employments hath so far prevailed as to find countenance for an open and avowed practice of their Superstition and Idolatry without controul in several parts of this Kingdom Great swarms of Priests and Jesuits have resorted hither and have here exercised their Jurisdiction and been daily tampering to pervert the Consciences of your Majesties Subjects Their Opposers they have found means to disgrace and if they were Judges Justices of the Peace or other Magistrates to have them turned out of Commission and in contempt of the known Laws of the Land they have practised upon people of all Ranks and qualities and gained over divers to their Religion some openly to profess it others secretly to espouse it as most conduced to the service thereof After some time they became able to influence matters of State and Government and thereby to destroy those they cannot corrupt The continuance or Prorogation of Parliaments has been accommodated to serve the purposes of that Party Money raised upon the People to supply your Majesties extraordinary Occasions was by the prevalence of Popish Councils imployed to make War upon a Protestant State and to advance and augment the dreadful Power of the French King though to the apparent hazard of this and all other Protestant Countries Great numbers of your Majesties Subjects were sent into and continued in the service of that King notwithstanding the apparent Interest of your Majesties Kingdoms the Addresses of the Parliament and your Majesties gracious Proclamations to the contrary Nor can We forbear to mention how that at the beginning of the same War even the Ministers of England were made Instruments to press upon that State the acceptance of one demand among others from the French King for procuring their peace with him that they should admit the publick exercise of the Roman Catholick Religion in the United Provinces the Churches there to be divided and the Romish Priests maintained out of the publick Revenue At home if Your Majesty did at any time by the Advice of Your Privy-Council or of Your two Houses of Parliament Command the Laws to be put in Execution against Papists even from thence they gained advantage to their Party while the edge of those Laws was turned against Protestant Dissenters and the Papists escaped in a manner untoucht The Act of Parliament enjoining a Test to be taken by all Persons admitted into any Publick Office and intended for a security against Papists coming into Employment had so little effect that either by Dispensations obtained from Rome they submitted to those Tests and held their Offices themselves or those put in their places were so favourable to the same Interests that Popery it self has rather gained than lost ground since that Act. But that their business in hand might yet more speedily and strongly proceed at length a Popish Secretary since Executed for his Treasons takes upon him to set afoot and maintain correspondencies at Rome particularly with a Native Subject of Your Majesties promoted to be a Cardinal and in the Courts of other Forreign Princes to use their own form of Speech for the subduing that Pestilent Heresie which has so long domineered over this Northern World that is to root the Protestant religion out of England and thereby to make way the more easily to do the same in other Protestant Countries Towards the doing this great Work as Mr. Coleman was pleased to call it Jesuits the most dangerous of all Popish Orders to the Lives and Estates of Princes were distributed to their several Precincts within this Kingdom and held joint Councils with those of the same Order in all Neighbour Popish Countries Out of these Councils and Correspondencies was hatcht that damnable and hellish Plot by the good Providence of Almighty God brought to light above two Years since but still threatning us wherein the Traitors impatient of longer delay reckoning the prolonging of Your Sacred Majesties Life which God long Preserve as the Great Obstacle in the way to the Consummation of their hopes and having in their prospect a Proselyted Prince immediately to succeed in the Throne of these Kingdoms resolved to begin their Work with the Assassination of Your Majesty to carry it on with Armed Force to destroy Your Protestant Subjects in England to Execute a second Massacre in Ireland and so with ease to arrive at the suppression of our Religion and the subversion of the Government When this Accursed Conspiracy began to be discovered they began the smothering it with the Barbarous Murther of a Justice of the Peace within one of Your Majesties own Palaces who had taken some Examinations concerning it Amidst these distractions and fears Popish Officers for the Command of Forces were allowed upon the Musters by special Orders surreptitionsly obtained from Your Majesty but Counter-Signed by a Secretary of State without ever passing under the Tests prescribed by the aforementioned Act of Parliament In like manner above fifty new Commissions were granted about the same time to known Papists besides a great number of desperate Popish Officers though out of Command yet entertain'd at half pay When in the next Parliament the House of Commons were prepared to bring to a legal Tryal the principal Conspirators in this Plot that Parliament was first Prorogued and then Dissolved The Interval between the Calling and Sitting of this Parliament was so long that now they conceive Hopes of covering all their past Crimes and gaining a seasonable time and advantages of practising them more effectually Witnesses are attempted to be corrupted and not only promises of Reward but of the Favour of your Majesty's Brother made the Motives to their Compliance Divers of the most considerable of your Majesty's Protestant Subjects have Crimes of the highest nature forged against them the Charge to be supported by Subornation and Perjury that they may be destroyed by Forms of Law and Justice A Presentment being prepared for a Grand Jury of Middlesex against your Majesty's said Brother the Duke of York under whose Countenance all the
People in divers Parliaments holden heretofore Willing to ordain Remedy for the great Damages and Mischiefs which have happened and dayly do happen by the said Cause c. By the assent of all the great Men and Commonalty of his said Realm hath Ordained and Established c. In which preamble of the Statute we may observe 1. The intollerable grievance and burden which was occasion'd by the illegal Incroachments of the See of Rome 2. The many Complaints the People had made who in those dark times under Popery were sensible of groaning under those Burdens 3. The Endeavours used in vain by former Parliaments to Redress the same and to bring their Laws in being to have their Force and Effect 4. The acknowledgment of the King and Parliament that the Obligation hereto was upon the King 1. From the Right of the Crown which obliged every King to pass good Laws 2. The Statute in force 3. The King's Oath to keep the Old and pass New Laws for his Peoples safeguard which they should tender to him 4. From the sence of the People expressed in their Complaints and 5. From the Mischief and Damage which would otherwise ensue And therefore by the desire and accord of his People He passes this famous Law The Preamble whereof is here recited Another Statute to the same purpose you find 2 R. 2. No. 28. Also the Commons in Parliament pray That forasmuch as Petitions and Bills presented in Parliament by divers of the Commons could not heretofore have their Respective Answers That therefore both their Petitions and Bills in this present Parliament as also others which shall be presented in any future Parliament may have a good and gracious Answer and Remedy ordained thereupon before the departing of every Parliament And that to this purpose a due Statute be ensealed or Enacted at this present Parliament to be and remain in Force for all times to come To which the King replied The King's Answer THE King is pleased that all such Petitions deliver'd in Parliament of things or matters which cannot otherwise be determined A Good and Reasonable Answer shall be made and given before the departure of Parliament In which excellent Law we may observe 1. A Complaint of former remisness their Bills having aforetime been pass'd by their Grievances Unredressed by unseasonably Dissolving of Parliaments before their Laws could pass 2. That a Law might pass in that very Parliament to rectifie that Abuse for the future And 3. That it should not pass for a temporary Law but for perpetuity being of such absolute Necessity that before the Parliaments be dismissed Bills of common Right might pass And the King agreed hereto Suitable hereto we have my Lord Chief Justice Coke that great Oracle of the Law in his Instit 4. B. p. 11. asserting Petitions being truly preferr'd though very many have been Answered by the Law and Custom of Parliament before the end of Parliament This appears saith he by the Ancient Treatise De Modo tenendi Parliamentum in these Words faithfully Translated The Parliament ought not to be ended while any Petition dependeth undiscussed or at the least to which a determinate Answer is not made Rot. Par. 17. E. 3. No. 60. 25 E. 3. No. 60. 50 E. 3. No. 212. 2 R. 2.134 2 R. 2. No. 38. 1 H. 4.132 2 H. 4325.113 And that one of the principal ends of calling Parliaments is for redressing of Grievances that daily happen 36 E. 3. c. 10. 18 E. 3. c. 14. 50 E. 3. No. 17. Lyons Case Rot. Par. 1 H. 5. No. 17. 13 H. 4. No. 9. And that as concerning the departing of Parliaments It ought to be in such a manner faith Modus Tenendi viz. To be demanded yea and publiekly Proclaimed in the Parliament and within the Palace of the Parliament whether there be any that hath delivered a Petition to the Parliament and hath not received Answer thereto if there be none such it is to be supposed that every one is Satisfied or else Answered unto at the least so far forth as by the Law be may be And which custom was observed in after Ages as you have heard before Concerning the Antiquity and Authority of this Ancient Treatise called Modus tenendi Parliamentum saith my Lord Coke whereof we make often use in our Institutes Certain it is that this Modus was Rehearsed and Declared before the Conqueror at the time of his Conquest and by him approved for England and accordingly he according to Modus held a Parliament for England as appears 21 E. 3. so 60. Whereby you clearly perceive that these wholsome Laws are not only in full agreement with the Common Law and declarative thereof but in full accord with the Oath and Office of the Prince who has that great trust by the Law lodged with him for the good and benefit not hurt and mischief of the People viz. First These Laws are very suitable to the Duty and Office of a Ruler and the end for which he was instituted by God himself who commands him to do Judgment and Justice to all especially to the Oppressed and not to deny them any request for their relief protection or welfare 2 Sam. 22.3 1 Chron. 13.1 to 5.2 Chron. 9.8.19.5 c Est 1.13 Our Law-Books enjoyning the same as Bracton Lib. 1. c. 2. Lib. 3. c. 9. fol. 107 c. Fortiscue ch 9. fo 15. c. 7. fol 5.11 Coke 7. Book Reports Calvin's Case f. 11. Secondly They are also in full Harmony with the King's Coronation Oath solemnly made to all his Subjects viz. To grant fulfill and defend all rightful Laws which the Commons of the Realm shall choose and to strengthen and maintain them after his Power Thirdly These Laws are also in full agreement and oneness with Magna Charta it self that Ancient Fundamental Law which hath been Confirmed by at least Forty Parliaments viz. We shall deny We shall defer to no Man Justice and Right much less to the whole Parliament and Kingdom in denying or deferring to pass such necessary Bills which the Peoples needs call for Object But to all this which hath been said it may be objected That several of our Princes have otherwise practised by Dissolving or as laterly used by Prorogucing Parliaments at their pleasures before Grievances were Redressed and Publick Bills of Common Safety Passed and that as a Privilege belonging to the Royal Prerogative Answ To which it is Answered That granting they have so done First It is most manifest that deth not therefore create a right to them so to do according to that known Maxim a facto ad jus non valet Consequentia especially when such Actions are against so many express and positive Laws such Principles of Common Right and Justice and so many particular Tyes and Obligations upon themsâ—â—es to the contrary Secondly But if it had been so yet neither can Prerogative be pleaded to justify such Practices because the King has no Prerogative but what the Law gives
him and it can give none to destroy its self and those it protects but the contrary Bracton in his Comments pag. 487. tells us Bracton p. 487. That although the Common Law doth allow many Prerogatives to the King yet it doth not allow any that He shall wrong or hurt any by His Prerogative Therefore 't is well said by a late Worthy Author upon this point That what Power or Prerogative the Kings have in Them ought to be used according to the true and genuine intent of the Government that is for the Preservation and Interest of the People And not for the disappointing the Councils of a Parliament towards reforming Grievances and making provision for the future Execution of the Laws and whenever it is applied to frustrate those ends it is a Violation of Right and Infringement of the King's Coronation Oath who is obliged to Pass or Confirm those Laws His People shall cluse And tho he had such a Prerogative by Law yet it should not be so used especially in time of Eminent danger and distress The late King in His Advice to His Majesty that now is in his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 239. Tells him That his Prerogative is best shewed and exercised in Remitting rather than exacting the Rigor of the Laws there being nothing worse than Legal Tyranny Nor would he have him entertain any Aversion or Dislike of Parliaments The Late King's advice to His Majesty which in their right Constitution with freedom and Honour will never Injure or Diminish His Greatness but will rather be as interchangings of Love Loyalty and Confidence between a Prince and His people It is true some Flatterers and Traytors have presumed in defiance to their Countries Rights to assert that such a boundless Prerogative belongs to Kings As did Chief Justice Trisilian c. in R. 2â—s time Advising him that he might Dissolve Parliaments at pleasure and that no Member should be called to Parliament nor any Act past in either House without His Approbation in the first place and that whoever advis'd otherwise were Traytors But this Advice you read was no less fatal to himself than pernicious to his Prince Bakers Chron. p. 147 148 and 159. King James in His Speech to the Parliament 1609. Gives them assurance That he never meant to Govern by any Law but the Law of the Land tho it be disputed among them as if he had an intention to alter the Law and Govern by the absolute power of a King but to put them out of doubt in that matter tells them That all Kings who are not Tyrants or Perjured will bound themselves within the limits of their Laws And they that persuade the contrary are Vipers and Pests both against them and the Commonwealth Wilson K. J. p. 46. The Conclusion 1. IF this be so That by so great Authority viz. so many Statutes in force The sundamental of the Common Law the Essentials of the Government it self Magna Charta The King's Coronation Oath so many Laws of God and Man The Parliament ought ro sit to Redress Grievances and provide for Common Safety especially in times of Common Danger And that this is eminently so who can doubt that will believe the King so many Parliaments The Cloud of Witnesses the Publick Judicatures their own sense and experience of the manifold Mischiefs which have been acted and the apparent Ruine and Confusion that impends the Nation by the restless Attempts of a bloody Interest if speedy Remedy is not applied Then let it be Queried Whether the People having thus the Knife at the Throat Cities and Habitations Fired and therein their Persons fried Invasions and Insurrections threatned to Destroy the King and Subjects Church and State and as so lately told us upon Mr. Fitz Harris's Commitment the present Design on Foot was to Depose and Kill the King and their only remedy hoped for under God to give them relief Relief thus from time time cut off viz. Their Parliaments who with so much care cost and pains are Elected sent up and Intrusted for their help turned off ré infecta and rendred so insiguificant by those frequent Prorogations and Dissolutions Are they not therefore justified in their important Cries in their many Humble Petitions to their King Fervent Addresses to their Members earnest Claims for this their Birth-right here Pleaded which the Laws of the Kingdom consonant to the Laws of God and Nature has given them 2. If so what then shall be said to those who advise to this high Violation of their Countries Rights to the infringing so many just Laws and exposing the Publick to those desperate hazards if not a total Ruine If King Alfred as Andrew Horne in his Mirror of Justice tells us hanged Darling Segnor Cadwine Cole and Forty Judges more for Judging contrary to Law and yet all those false Judgments were but in particular and private Cases What death do those Men deserve who offer this violence to the Law it self and all the Sacred Rights of their Country If the Lord Chief Justice Thorp in Ed. 3d's time for receiving the Bribery of One hundred pounds was adjudged to be Hanged as one that had made the King break his Oath to the People How much more guilty are they of making the King break His Coronation Oath that persuade him to Act against all the Laws for holding Parliaments and passing Laws therein which he is so solemnly sworn to do And if the Lord Chief Justice Tresilian was Hanged Drawn and Quartered for Advising the King to Act contrary to some Statutes only What do those deserve that advise the King to Act not only against some but against all these Ancient Laws and Statutes of the Realm And if Blake the King's Council but for assisting in the matter and drawing up Indictments by the King's Command contrary to Law tho it is likely he might Plead the King's Order for it yet if he was Hang'd Drawn and Quartered for that What Justice is due to them that assist in the Total Destruction of all the Laws of the Nation and as much in them lies their King and Country too And if Vsk the under-Sheriff whose Office is to Execute the Laws for but endeavouring to aid Tresilian Blake and their Accomplices against some of the Laws was also with Five more Hang'd Drawn and Quartered What punishment may they deserve that Aid and endeavour the Subversion of all the Laws of the Kingdom And if Empson and Dudley in Henry the Eighth's time tho two of the King 's Privy Council were Hanged for Procuring and Executing an Act of Parliament contrary to the Fundamental Laws of the Kingdom and to the great vexation of the People so that tho they had an Act of Parliament of their side yet that Act being against the known Laws of the Land were Hang'd as Traytors for putting that Statute in Execution Then what shall become of those who have no such Act to shelter themselves under and who
but it may move them there is no security that innocent Persons may not be brought every day into danger and trouble By this means certain mischiefs will be done whilst it is by their own confession uncertain whether they are any ways deserved by such as suffer them to the utter overthrow of all Justice If the word Probable be taken in a common rather than a nice Logical sense it signifies no more than likely or rather likely than unlikely When a matter is found to be so the Wager is not even there is odds upon one side and this may be a very good ground for betting in a Tennis Court or at a Horse-race but he that would make the Administration of Justice to depend upon such Points seems to put a very small value upon the fortunes liberties and reputations of men and to forget that those who sit in Courts of Justice have no other business there than to preserve them This continues in force though in a Diologue between a Barrister and a Grand Jury Man published under the Title of the Grand Jury Man's Oath and Office it be said p. 8. and 9. That their work is no more than to present Offences fit for a Tryal and for that Reason give in only a Verisimilar or probable Charge and others have affirmed that a far less Evidence will warrant a Grand Juries Indictment than a Petit Juries Verdict For nothing can be more opposite to the justice of our Laws than such Opinions All Laws in doubtful Cases direct a suspension of Judgment or a sentence in favour of the Accused person But if this were hearkened unto Grand Juries should upon their Oaths affirm they judge him Criminal when the Evidence is upon such uncertain grounds that they cannot but doubt whether he is so or not It cannot be hereupon said that no Evidence is so clear and full but it may be false and give the Jury occasion of doubts so as all Criminals must escape if no Indictment ought to be found unless the proofs are absolutely certain for it is confess'd that such Cases are not capable of an infallible Mathematical demonstration but a Jury that Examines all the Witnesses that are likely to give any light concerning the business in question and all Circumstances relating to the fact before them with the Lives and Credit of those tha◠testify i◠and of the Person accused may and do often find that which in their Consciences doth fully perswade them that the accused Person is guilty This is as much as the Law or their Oath doth require and such as find Bills after having made such a Scrutiny are blameless before God and Man if through the fragility inseparable from humane nature they should be led into Error For they 〈◊〉 not swear that the Bill is true but that they in their Consciences believe that it is so and if they write Ignoramus upon the Bill it is not thereby declared to be false nor the P rson accused acquitted but the matter is suspended until it can be more clearly proved as in doubtful Cases it always ought to be Our Ancestors took great Care that suspicious and probable Causes should not bring any Man's Life and Estate into danger For that reason it was ordain'd by the Stat 37 Ed 3. Cap 18. That such as made suggestions to the King should find surety to pursue and incur the same pain that the other should have had if he were attainted in case their suggestion be not found evil and that then process of the Law should be made against the Accused This manner of Proceeding hath its root on eternal and universal Reason The Law given by God unto his People Deut. 19. allotted the same Punishment unto a false witness as a person convicted The best disciplined Nations of the world learnt this from the Hebrews and made it their Rule in the administration of Justice The Grecians generally observed it and the Romans according to their Lex Talionis did not only punish death with death but the intention of committing Murther by false Accusations with the same severity as if it had been effected by any other means This Law was inviolably observed as long as any thing of regularity or equity remained amongst them and when through the wickedness of some of the Emperours or their favourites it came to be overthrown all Justice perished with it A Crew of false Informers brake out to the destruction of the best men and never ceas'd until they had ruined all the most eminent and antient Families Circumvented the Persons that by their Reputation Wealth Birth or Virtue deserved to be distinguished from the common sort of People and brought desolation upon that victorious City Tacitus complains of this Tac. Ann. 3. as the cause of all the mischiefs suffered in his Time and Country By their means the most Savage Cruelties were committed under the name of Law which thereby became a greater Plague than formerly Crimes had been No remedy could be found when those Delatores whom he calls genus hominum Publico exitio repertum Tac. Ann. 4. poenis quidem nunquam satis coercitum were invited by impunity or reward and the Miserable People groaned under this calamity until those instruments of iniquity were by better Princes put to the most cruel tho well deserved deaths The like hath been seen in many places and the domestick quiet which is now enjoyed in the Principal parts of Europe proceeds chiefly from this that every man knows the same Punishment is appointed for a false Accusation and proved Crime It is hardly seven years since Monsieur Courboyer a man of quality in Brittany suborned two of the King of France his Guards to swear Treasonable Designs against La Motte a Norman Gentleman the matter being brought to Monsieur Colbert he caus'd the Accused Person and the Witnesses to be secured until the fraud was discovered by one of them whereupon he was pardoned La Motte released Courboyer beheaded and the other false Witness hanged by the Sentence of the Parliament of Paris Though this Law seems to be grounded upon such foundation as forbids us to question the equity of it our Ancestors for Reasons best known unto themselves thought fit to moderate its Severity by the Statute of 38 Ed. 3. Cap. 9. yet then it was enacted and the Law continues in force unto this day That whosoever made complaints to the King and could not prove them against the Defendant by the process of Law limited in former Statures which is first by a Grand Jury he should be imprisoned until he had made gree to the Party of his damages and of the slander he suffered by such occasion and after shall make fine and ransom to the King which is for the common damage that the King and his People suffer by such a false accusation and defamation of any Subject And in the 42 Ed. 3. Cap. 3. To eschew the Mischiefs and damage done by
your selves it is not the Nature of lasting Plants thus to shoot up in a Night you may look gay and green for a little time but you want a Root to give you a continuance It is not so long since as to be forgotten that the Maxim was It is impossible for a Dissenter not to be a REBEL Consider at this time in France even the new Converts are so far from being Imployed that they are Disarmed Their sudden Change maketh them still to be distrusted notwithstanding that they are Reconciled What are you to expect then from your dear Friends to whom whenever they shall think fit to throw you off again you have in other times given such Arguments for their excuse Besides all this you Act very unskilfully against your visible Interest if you throw away the Advantages of which you can hardly fail in the next probable Revolution Things tend naturally to what you would have if you would let them alone and not by an unseasonable Activity lose the Influences of your good Star which promiseth you every thing that is prosperous The Church of England convinced of its Errour in being severe to you the Parliament whenever it meeteth sure to be Gentle to you the next Heir bred in the Country which you have so often Quoted for a Pattern of Indulgence a general Agreement of all thinking Men that we must no more cut our selves off from the Protestants abroad but rather inlarge the Foundations upon which we are to build our Defences against the Common Enemy so that in Truth all things seem to conspire to give you ease and satisfaction if by too much haste to anticipate your good Fortune you do not destroy it The Protestants have but one Article of Human Strength to oppose the Power which is now against them and that is not to lose the advantage of their Numbers by being so unwary as to let themselves be divided We all agree in our Duty to our Prince our Objections to his Belief do not hinder us from seeing his Vertues and our not complying with his Religion hath no effect upon our Allegiance we are not to be Laughed out of our Passive Obedience and the Doctrine of Non-Resistance though even those who perhaps owe the best part of their Security to that Principle are apt to make a Jest of it So that if we give no advantage by the fatal Mistake of misapplying our Anger by the natural course of things this Danger will pass away like a shower of Hail fair weather will succeed as lowring as the Sky now looketh and all by this plain and easie Receipt Let us be still quiet and undivided firm at the same time to our Religion our Loyalty and our Laws and so long as we continue this method it is next to impossible that the odds of two hundred to one should lose the Bett except the Church of Rome which hath been so long barren of Miracles should now in her declining Age be brought a Bed of one that would out-do the best she can brag of in her Legend To conclude the short Question will be whether you will Joyn with those who must in the end run the same Fate with you If Protestants of all sorts in their Behaviour to one another have been to blame they are upon the more equal terms and for that very Reason it is fitter for them now to be reconciled Our Dis-union is not only a Reproach but a Danger to us those who believe in modern Miracles have more Right or at least more Excuse to neglect all Secular Cautions but for us it is as justifiable to have no Religion as wilfully to throw away the Human Means of preserving it I am Dear SIR Your most Affectionate Humble Servant T. W. The ANATOMY of an EQUIVALENT I. THE World hath of late years never been without some extraordinary Word to furnish the Coffee-houses and fill the Pamphlets Sometimes it is a new one invented and sometimes an Old one revived They are usually fitted to some present purpose with Intentions as differing as the various Designs several Parties may have either to delude the people or to expose their Adversaries They are not of long continuance but after they have passed a little while and that they are grown Nauseous by being so often repeated they give place to something that is newer Thus after Whig Tory and Trimmer have had their Time now they are dead and forgotten being supplanted by the word Equivalent which reigneth in their stead The Birth of it is in short this After many repeated Essays to dispose Men to the Repeal of Oaths and Tests made for the security of the Protestant Religion the general aversion to comply in it was found to be so great that it was thought adviseable to try another manner of attempting it and to see whether by putting the same thing into another Mould and softning an harsh Proposition by a plausible Term they might not have better success To this end instead of an absolute quitting of these Laws without any Condition which was the first Proposal Now it is put into gentler Language and runneth thus If you will take away the Oaths and Tests you shall have as good a thing for them This put into the fashionable Word is now called an Equivalent II. So much to the Word it self I will now endeavour in short to Examine and Explain in order to the having it fully understood First What is the nature of a true Equivalent and In the next place What things are not to be admired under that denomination I shall treat these as general Propositions and tho I cannot undertake how far they may be convincing I may safely do it that they are Impartial of which there can be no greater evidence than that I make neither Inference nor Application but leave that part intirely to the Reader according as his own Thoughts shall direct and dispose him III. I will first take notice that this Word by the Application which hath been made of it in some modern instances lieth under some Disadvantage not to say some Scandal It is transmitted hither from France and if as in most other things that we take from them we carry them beyond the Pattern it should prove so in this we should get into a more partial Stiâ—e than the Principles of English Justice will I hope ever allow us to be guilty of The French King's Equivalents in Flanders are very extraordinary Bargains his manner of proposing and obtaining them is very differing from the usual methods of equal dealing In a later Instance Denmark by the encouragement as well as by the example of France hath propos'd things to the Duke of Holstein which are called Equivalents but that they are so the World is not yet sufficiently convinc'd and probably the Parties concern'd do not think them to be so and consequently do not appear to be at all disposed to accept them Princes enjoyn and prescribe such things when
C. Subjects all the Priviledges of their other Subjects only they are kept by a Test from having any share in the Government which is truly a Kindness done them considering that ill-natured humour of destroying all those that differ from them which is apt to break out when that Religion is in Power Now the 〈◊〉 of England may justly expect all sort of Protection and Countenance from the Succeâ—â—â—◠〈…〉 it's their Turn to give it they have a legal Right to it and impartial Dissenters 〈…〉 â—â—â—ledge that of late they have deserved it But as 〈…〉 Protestant Dissenters I think no honest Man amongst them will apprehend that their 〈…〉 who keep their Word to their Popish Enemies will break it to Protestant Subject◠〈…〉 from the publick Establishment The next thing I am to make good is That his Highnesses Education must have infused such Principles as side with his Interest There must be a fatal Infection in the English Crown if Matters miscarry in his Highnesses Hands his Veins are full of the best Protestant Blood in the VVorld The Reformation in France grew up under the Conduct and Influence of Coligni Prince William founded the Governmtnt of the United Netherlands on the Basis of Property and Liberty of Conscience his Highness was bred and lives in that State which subsists and flourishes by adhering steadily to the Maxims of its Founder He himself both in his publick and private Concerns as well in the Government of his Family and of such Principalities as belong to him as in that of the Army and in the Dispensing of that great Power which the States have given him has as great regard to Justice Vertue and true Religion as may compleat the Character of a Prince qualified to make those he governs happy It does not indeed appear that their Highnesses have any share of that devouring Zeal which hath so long set the VVorld on Fire and tempted thinking Men to have a Notion of Religion it self like that we have of the ancient Paradice as if it had never been more than an interced Blessing but all who have the Honour to know their Highnesses and their Inclinations in Matters of Religion are fully satisfied they have a truly Christian Zeal and as much as is consistent with Knowledge and Charity As to his Highnesses Circumstances they will be such when his Stars make way for him as may convince our Scepticks that certain persons times and things are prepared for one another I know not why we may not hope that as his Predecessors broke the York of the House of Austria from off the Neck of Europe The Honour of breaking that of the House of Bourbon is reserved for him I am confident the Nation will heartily joyn with him in his just Resentments Resentments which they have with so much Impatience long'd to find and have missâ—d with the greatest Indignation in the Hearts of their Monarchs His Highness has at present a greater Influence on the Councils of the most part of the Princes of Christendom than possibly any King of England ever had And this acquired 〈…〉 weight of his own personal Merit which will no doubt grow up to a glorious Authority when it is cloathed with Sovereign Power May I here mention to lay the Jealousies of the most unreasonable of your Friends that his Highness will have only a borrowed Title which we may suppose will make him more cautious in having Designs at Home and his wanting Children to our great Misfortune will make him less solicitous to have such Designs But after all it must be acknowledged that in Matters of this Nature the Premises may seem very strong and yet the Conclusion not follow Humane Infirmities are great Temptations to Arbitrariness are strong and often both the Spirit and Flesh weak Such fatal Mistakes have been made of late that the Successors themselves may justly pardon Mens jealousies A VVidow that has had a bad Husband will cry on her VVedding-day though she would be married with all her Heart But I am confident you will grant to me that in the Case of the present Successors the Possibilities are as remote and the Jealousies as ill grounded and that there is as much to ballance them as ever there was to be found in the prospect of any Successors to the Crown of England Now may I add To conclude the Reasons that I have given you why we may depend on their Highnesses that I know considerable Men who after great Enquiry and Observation do hope that their Highnesses being every way so well qualified for such an end are predestinated if I may speak so to make us happy in putting an end to our Differences and in fixing the Prerogative and in recovering the Glory of the Nation which is so much sunk and which now when we were big with Expectations we find sacrificed to unhappy partialities in matters of Religion The last thing you desire to know is What Effect this Letter has had But it is not yet old enough for me to judge of that I can better tell you what Effects it ought to have I find the moderate wise Men of all Perswasions are much pleased with it I know Roman Catholiks that wish to God Matters were setled on the Model given in it they see the great Difficulty of getting the Test Repealed And withal they doubt whether it is their Interest that it should be repealed or not They fear needy violent Men might get into Employments who would put his Majesty on doing things that might ruine them and their posterity They are certainly in the right of it It is good to provide for the worst A Revolution will come with a VVitness and its like it may come before the Prince of Wales be of Age to manage an unruly Spirit that I fear will accompany it Humane Nature can hardly digest what it is already necessitated to swallow such provocations even alters mens Judgments I find that Men who otherways hate severity begin to be of Opinion that Queen Elizabeths Lenity to the R. C's proves now Cruelty to the Protestants The whole Body of Protestants in the Nation was lately afraid of a Popish Successor and when they reflected on Queen Maries Reign thought we had already sufficient Experience of the Spirit of that Religion and took Self preservation to be a good Argument for preventing a second Tryal But now a handful of Roman Catholicks perhaps reflecting on Queen Elizabeths Reign are not it seems afraid of Protestant Successors But if some Protestants at that time from an Aversion to the Remedy hop'd that the Disease was not so dangerous as it proves I am confident at present all Protestants are agreed that henceforward the Nation must be saved not by Faith And therefore I would advise the R. C's to consider that Protestants are still Men that late Experiences at home and the Cruelties of Popish Princes abroad has given us a very terrible Idea of their Religion That
him and that 't is no wonder he should exact an Obedience without reserve from his Subjects in Scotland seeing he himself yields an Obedience without reserve to the Jesuits 'T is known how that by the Rules of their Institution no Jesuit is capable of the Mitre and that if the Ambition of any of them should tempt him to seek or accept the Dignity of a Prelate he must for being capacitated thereunto renounce his Membership in the Order Yet so great is His Majesties Passion for the Honor and Grandeur of the Society and such is their Domination and absolute Power over him that no less will serve him neither would they allow him to insist upon less than that the Pope should dispense with Father Peters being made a Bishop without his ceasing to be a Jesuit or the being transplanted into another Order And this the old Gentleman at Rome hath been forced at last to comply with and to grant a Dispensation whereby Father Peters shall be capable of the Prelature notwithstanding his remaining in the Ignatian Order the Jesuits through their Authority over the King not suffering him to recede from his Demand and His Majesty's Zeal for the Society not permitting him to comply either with the Prayers or the Conscience and Honor of the Supreme Pontiff Not only the King's Unthankfulness unto but his illegal Proceedings against and his Arbitrary invading the Rights of those who stood by him in all his Dangers and Difficulties and who were the Instruments of preventing his Exclusion from the Crown and the chief means both of his Advancement to the Throne and his being kept in it are so many new Evidences of the ill will he bears to all Protestants and what they are to dread from him as Occasions are Administred of Injuring and Oppressing them and may serve to convince all impartial and thinking People that his Popish Malice to our Religion is too strong for all Principles of Honor and Gratitude and able to cancel the Obligations which Friendship for his Person and Service to his Interest may be supposed to have laid him under to any heretofore Had it not been for many of the Church of England who stood up with a Zeal and Vigor for preserving the Succession in the right Line beyond what Religion Conscience Reason or Interest could conduct them unto he had never been able to have out-wrestled the Endeavors of Three Parliaments for ex-excluding him from the Imperial Crown of England And had it not been for their Abetting and standing by him with their Swords in their Hands upon the Duke of Monmouth's Descent into the Kingdom Anno 1685 he could not have avoided the being driven from the Throne and the having the Scepter wrested out of his Hand Whosoever had the Advantage of knowing the Temper and Genius of the late King and how afraid he was of embarking into any thing that might import a visible Hazard to the Peace of his Government and draw after it a general Disgust of his Person will be soon satisfied that if all his Protestant Subjects had united in their Desires and concurred in their Endeavors to have had the Duke of York debarred from the Crown that his late Majesty would not have once scrupled the complying with it and that his Love to his Dear Brother would have given way to the Apprehension and Fear of forfeiting a Love for himself in the Hearts of his People especially when what was required of him was not an Invasion upon the Fundamentals of the Constitution of the English Monarchy nor dissonant from the Practice of the Nation in many repeated Instances Nor can there be a greater Evidence of the present King 's ill Nature Romish Bigottry and prodigious Ingratitude as well as of the Design he is carrying on against our Religion and Laws than his Carriage and Behavior towards the Church of England tho I cannot but acknowledge it a righteous Judgment upon them from God and a just Punishment for their being not only so unconcerned for the Preservation of our Religion and Liberties in avoiding to close with the only Methods that were adapted thereunto but for being so Passionate and Industrious to hasten the Loss of them through putting the Government into ones hands who as they might have foreseen would be sure to make a Sacrifice of them to his beloved Popery and to his inordinate Lust after despotical and Arbitrary Power And as the only Example bearing any Affinity to it is that of Louis XIV who in recompence to his Protestant Subjects for maintaining him on the Throne when the late Prince of Conde assisted by Papists would have wrested the Crown from him hath treated them with a Barbarity whereof that of Antiochus towards the Jews and that of Diocletian and Maximian towards the Primitive Christians were but scanty and imperfect Draughts so there wants nothing for compleating the Parallel between England and France but a little more time and a fortunate Opportunity and then the deluded Church-men will find that Father Peters is no less skillful at Whitehall for transforming their Acts of Loyalty and Merit towards the King into Crimes and Motives of their Ruin than Pere de la Chaise hath shewn himself at Versailles where by an Art peculiar to the Jesuits he hath improved the Loyalty and Zeal of the Reformed in France for the House of Bourbon into a reason of alienating that Monarch from them and into a ground of his destroying that dutiful and obedient People It will not be amiss to call over some of his Majesty's Proceedings towards the Church of England that from what hath been already seen and felt both they and all English Protestants may the better know what they are to expect and look for hereafter Tho it be a Method very unbecoming a Prince yet it shews a great deal of Spleen to turn the former Persecution of Dissenters so maliciously upon the Prelatical and Conforming Clergy as his Majesty doth in his Letter to Mr. Alsop in stiling them a Party of Protestants who think the only way to advance their Church is by undoing those Churches of Christians that differ from them in smaller Matters Whereas the Severity that the Fanaticks met with had much of its Original at Court where it was formed and designed upon Motives of Popery and Arbitrariness and the Resentment and revengeful Humor of some of the old Prelates and other Church-men that had suffered in the late times was only laid hold of the better to justifie and improve it And tho it be too true that many of the dignified Rank as well as of the little Levites were both extremely fond of it and contentiously pleaded for it yet it is as true that most of them did it not upon Principles of Judgment and Conscience but upon Inducements of Retaliation for conceived Injuries and upon a belief of its being the most compendious Method to the next Preferment and Benefice and the fairest way of standing
appeared both during the Queens Pretended Biggness and in the manner in which the Birth was managed so many just and visible Grounds of Suspition that not only we our selves but all the good Subjects of those Kingdoms do vehemently suspect that the Pretended Prince of Wales was not born by the Queen And it is notoriously known to all the World that many both doubted of the Queens Biggness and of the Birth of the Child and yet there was not any one thing done to satisfie them or to put an end to their Doubts And since our Dearest and most Entirely Beloved Consort the Princess and likewise we our selves have so great an Interest in this Matter and such a Right as all the World knows to the Succession to the Crown since also the English did in the Year 1672. when the States General of the United Provinces were Invaded in a most unjust War use their utmost Endeavors to put an end to that War and that in Opposition to those who were then in the Government and by their so doing they run the Hazard of losing both the Favor of the Court and their Imployments And since the English Nation has ever testified a most particular Affection and Esteem both to our Dearest Consort the Princess and to our selves We cannot excuse our selves from espousing their Interests in a matter of such high Consequence and from Contributing all that lies in us for the Maintaining both of the Protestant Religion and of the Laws and Liberties of those Kingdoms and for the Securing to them the continual Enjoyment of all their just Rights To the doing of which we are most earnestly solicited by a great many Lords both Spiritual and Temporal and by many Gentlemen and other Subjects of all Ranks Therefore it is that we have thought fit to go over to England and to carry over with us a Force sufficient by the Blessing of God to defend us from the Violence of those Evil Counsellors And we being desirous that our Intentions in this may be rightly understood have for this end prepared this Declaration in which as we have hitherto given a true Account of the Reasons inducing us to it So we now think fit to Declare that this our Expedition is intended for no other Design but to have a free and lawful Parliament assembled as soon as is possible and that in order to this all the late Charters by which the Elections of Burgesses are limited contrary to the Ancient Custom shall be considered as null and of no force And likewise all Magistrates who have been Injustly turned out shall forthwith resume their former Imployments as well as all the Boroughs of England shall return again to their Ancient Prescriptions and Charters And more particularly that the Ancient Charter of the Great and Famous City of London shall again be in Force And that the Writs for the Members of Parliament shall be addressed to the proper Officers according to Law and Custom That also none be suffered to choose or to be chosen Members of Parliament but such as are qualified by Law And that the Members of Parliament being thus lawfully chosen they shall meet and sit in full Freedom that so the Two Houses may concur in the preparing of such Laws as they upon full and free Debate shall judge necessary and convenient both for the confirming and executing the Law concerning the Test and such other Laws as are necessary for the Security and Maintenance of the Protestant Religion as likewise for making such Laws as may establish a good Agreement between the Church of England and all Protestant Dissenters as also for the covering and securing of all such who will live Peaceable under the Government as becomes good Subjects from all Persecution upon the account of their Religion even Papists themselves not excepted and for the doing of all other things which the Two Houses of Parliament shall find necessary for the Peace Honor and Safety of the Nation so that there may be no more danger of the Nations falling at any time hereafter under Arbitrary Government To this Parliament we will also refer the Enquiry into the Birth of the Pretended Prince of Wales and of all things relating to it and to the Right of Succession And we for our part will concur in every thing that may procure the Peace and Happiness of the Nation which a Free and Lawful Parliament shall determine Since we have nothing before our Eyes in this our Undertaking but the Preservation of the Protestant Religion the covering of all Men from Persecution for their Consciences and the Securing to the whole Nation the free Enjoyment of all their Laws Rights and Liberties under a Just and Legal Government This is the design that we have proposed to our selves in appearing upon this occasion in Arms In the Conduct of which we will keep the Forces under our Command under all the Strictness of Martial Discipline and take a special Care that the People of the Countries through which we must march shall not suffer by their means And as soon as the State of the Nation will admit of it we promise that we will send back all those Foreign Forces that we have brought along with us We do therefore hope that all People will judge rightly of us and approve of these our Proceedings But we chiefly rely on the Blessing of God for the Success of this our Undertaking in which we place our whole and only Confidence We do in the last place invite and require all Persons whatsoever all the Peers of the Realm both Spiritual and Temporal all Lords-Lieutenants Deputy-Lieutenants and all Gentlemen Citizens and other Commons of all Ranks to come and assist us in order to the Executing of this our Design against all such as shall endeavor to oppose us that so we may prevent all those Miseries which must needs follow upon the Nations being kept under Arbitrary Government and Slavery And that all the Violences and Disorders which have overturned the whole Constitution of the English Government may be fully redressed in a Free and Legal Parliament And we do likewise resolve that as soon as the Nations are brought to a State of Quiet we will take care that a Parliament shall be called in Scotland for the restoring the Ancient Constitution of that Kingdom and for bringing the Matters of Religion to such a Settlement that the People may live Easie and Happy and for putting an end to all the Injust Violences that have been in a course of so many Years committed there We will also study to bring the Kingdom of Ireland to such a State that the Settlement there may be Religiously observed and that the Protestant and British Interest there may be secured And we will endeavor by all possible means to procure such an Establishment in all the Three Kingdoms that they may all live in a Happy Union and Correspondence together and that the Protestant Religion and the Peace
to publish all his Arbitrary Declarations and in particular one that strikes at their whole Settlement and has ordered Process to be begun against all that disobey'd this illegal Warrant and has treated so great a number of the Bishops as Criminals only for representing to him the Reasons of their not obeying him if likewise the King is not satisfied to profess his own Religion openly though even that is contrary to Law but has sent Ambassadors to Rome and received Nuntio 's from thence which is plainly Treason by Law if likewise many Popish Churches and Chappels have been publickly opened if several Colledges of Jesuits have been set up in divers parts of the Nation and one of the Order has been made a Privy Counsellor and a principal Minister of State and if Papists and even those who turn to that Religion though declared Traitors by Law are brought into all the chief Employments both Military and Civil then it is plain That all the Rights of the Church of England and the whole establishment of the Protestant Religion are struck at and designed to be overturned since all these things as they are notoriously illegal so they evidently demonstrate That the great design of them all is the rooting out of this Pestilent Heresy in their stile I mean the Protestant Religion In the next place If in the whole Course of Justice it is visible that there is a constant practising upon the Judges that they are turned out upon their varying from the Intentions of the Court and if Men of no Reputation nor Abilities are put in their places if an Army is kept up in time of Peace and Men who withdraw from that illegal Service are hanged up as Criminals without any colour of Law which by consequence are so many Murders and if the Souldiery are connived at and encouraged in the most enormous Crimes that so they may be thereby prepared to commit greater ones and from single Rapes and Murders proceed to a rape upon all our Liberties and a destruction of the Nation if I say all these things are true in fact then it is plain that there is such a dissolution of the Government made that there is not any one part of it left found and entire and if all these things are done now it is easy to imagine what may be expected when Arbitrary Power that spares no Man and Popery that spares no Heretick are finally established Then we may look for nothing but Gabelles Tailles Impositions Benevolences and all sorts of illegal Taxes as from the other we may expect Burnings Massacres and Inquisitions In what is doing in Scotland we may gather what is to be expected in England where if the King has over and over again declared that he is vested with an Absolute Power to which all are bound to obey without reserve and has upon that annulled almost all the Acts of Parliament that passed in K. James the Ist's Minority though they were ratified by himself when he came to be of age and were confirmed by all the subsequent Kings not excepting the present We must then conclude from thence what is resolved on here in England and what will be put in execution as soon as it is thought that the Times can bear it When likewise the whole Settlement of Ireland is shaken and the Army that was raised and is maintained by Taxes that were given for an Army of English Protestants to secure them from a new Massacre by the Irish Papists is now all filled with Irish Papists as well as almost all the other Imployments it is plain That not only all the British Protestants inhabiting that Island are in daily danger of being butchered a second time but that the Crown of England is in danger of losing that Island it being now put wholly into the hands and power of the Native Irish who as they formerly offered themselves up sometimes to the Crown of Spain sometimes to the Pope and once to the Duke of Lorrain so are they perhaps at this present treating with another Court for the sale and surrender of the Island and for the Massacre of the English in it If thus all the several Branches of our Constitution are dissolved it might be at least expected that one part should be left entire and that is the Regal Dignity and yet even that is prostituted when we see a young Child put in the reversion of it and pretended to be the Prince of Wales concerning whose being born of the Queen there appear to be not only no certain Proofs but there are all the Presumptions that can possibly be imagined to the contrary No Proofs were ever given either to the Princess of Denmark or to any other Protestant Ladies in whom we ought to repose any Confidence that the Queen was ever with Child that whole matter being managed with so much Mysteriousness that there were violent and publick Suspitions of it before the Birth But the whole Contrivance of the Birth the sending away the Princess of Denmark the sudden shortning of the Reckoning the Queen 's sudden going to St. James's her no less sudden pretended Delivery the hurrying the Child into another Room without shewing it to those present and without their hearing it cry and the mysterious Conduct of all since that time no satisfaction being given to the Princess of Denmark upon her Return from the Bath nor to any other Protestant Ladies of the Queen's having been really brought to bed These are all such evident Indications of a base Imposture in this matter that as the Nation has the justest reason in the World to doubt of it so they have all possible reason to be at no quiet till they see a Legal and Free Parliament assembled which may impartially and without either Fear or Corruption examine that whole matter If all these Matters are true in fact then I suppose no Man will doubt that the whole Foundations of this Government and all the most sacred Parts of it are overturned And as to the truth of all these Suppositions that is left to every Englishman's Judgment and Sense The Oaths of Allegiance and Supremacy no Badges of Slavery THE Ecclesiastical Jurisdiction of the Crown of England having been invaded and broke in upon by the Power of the Court of Rome in K. Henry the Eighth 's time all Foreign Power was abolished and the Antient Legal Supremacy restor'd and by many additional Acts corroborated But all that was done of that kind in K. Henry the Eighth 's time was undone again in Queen Mary's and therefore in the first Year of Queen Elizabeth's Reign an Act of Parliament was made Intituled All Antient Jurisdiction restored to the Crown A Repeal of divers Statutes and Reviver of others and all foreign Power Abolished Which Act recites that whereas in the Reign of R. H. 8. divers good Laws were made and established as well for the utter extinguishment and putting away of all Vsurped and Foreign Powers and