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A53413 Eikōn vasilikē tritē, or, The picture of the late King James further drawn to the life in which is made manifest by several articles that the whole course of his life hath been a continued conspiracy against the Protestant religion, laws, and liberties of the three kingdoms : in a letter to himself : part the third / by Titus Oates ... Oates, Titus, 1649-1705. 1697 (1697) Wing O40A; ESTC R15499 127,213 108

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Nell Waal or Barillon could have for their Lives Notwithstanding all this you may remember how it inveighed against the King with all the bitterness imaginable and incited all Men to rebel against him in order to destroy his Person and yours This Paper as villanous as it was against the King was by him Portsmouth and her Bawd Nell and Barillon ordered to be conveyed into the Pockets and Lodgings of several Noblemen Gentlemen and others that when they were seized and this found upon them they should be charged with Treason and Rebellion and the finding of this upon them should be a Proof of the same The Tool that was to carry on this Roguery was Fitz-Harris who was to be one of the Witnesses to swear this Conspiracy designed by the Protestants and your Conspirators had prepared the Business to be laid in Oxford-shire Buckingham-shire and Bark-shire that this Villany might not miscarry but be believed by the Juries that should be pack'd in those Counties in order to a speedy Justice upon the pretended Criminals But Sir as well laid as this Design was it proved to be a Brat of Popish Extraction and the Midwives were that Whore Portsmouth and trusty Nell her Bawd with whom you would have engaged in Person had not the Catholick Cause called for your Presence in Scotland but I suppose let who will believe it that you know nothing of the Business I shall prove you in it in its proper place Well then the nature of the Crime and the King your Brother Barillon and the two Strumpets aforenam'd being engaged in this piece of Villany and several great Persons being to be destroyed surely deserved an Inquiry which an Oxford-Jury neither could or would ever make for they it may be in the Multitude of their Mercies would have dealt with other Protestants as they did by poor Colledge whom they basely murdered to please your Brother and you That House of Commons as if endowed with a Prophetick Spirit unanimously agreed that none but the Parliament was capable of looking into the bottom of this Affair both in its Original and Tendency and the more zealous they were for that the more they saw the Zeal of the Judges and the inferiour Courts in Westminster-Hall abated in relation to the Popish Plot and its Discovery but heightned for you and your Party against the Protestants and that those Blood-hounds thirsted after their Blood that asserted the Laws and Liberties of England Truly to speak the best I can of those Judges they were much changed for the worse as appeared in the Trials of Wakeman Gascoyne and others that were in the Popish Conspiracy and in good truth Sir the Oxford House of Commons were the more jealous and could you blame them for when this Fitz-Harris was sensible of his Crime or at least of his Danger and had begun to tell Tales he was removed out of the Legal Custody of the Sheriffs and illegally committed close Prisoner to the Tower to the great astonishment of all sober Men. That Parliament therefore had no other way to have the Prosecution effectual and the Judgment according to the Laws of the Land and that Fitz-Harris should not lie under any hopes but by impeaching him for they well knew that no Pardon could stop their Sail tho it might the King's Now Sir consider how this Pretence of yours could justify the Dissolution of that Parliament 9thly The last Pretence I shall mention which you had for dissolving the three last Parliaments was their bringing in a Bill to exclude you and to render you incapable of inheriting the Imperial Crown of this Realm This was the best Pretence you and your Party could make for doing so wicked a thing so pernicious to the Peace of the Kingdom but if I destroy this Goliah I trust you will quit it and let it take its fate with the others There were many of your Party that used several Arguments against that Bill which I shall take notice of 1. The Conspirators did impudently assert that the Bill of Exclusion was unlawful and therefore in it self null and void especially since the King had declared against it Some of them were pretended Protestants and had been for some time educated in the University under a Parcel of High-church-Loggerheads they even they were tainted with this Notion that was fit for none but such as believed Transubstantiation Now Sir if it were against Law it must be against a written or an unwritten Law if it were against a written Law your Party should have named it which when they had done they should have named that Parliament that ever was bound up by any written Law if we take them in their Legislative Capacity as we must do in this Case and to declare that a Parliament is bound up by written Laws in their Legislative Capacity is both destructive and absurd 1. It was destructive the Parliament being the fundamental Court and Law of the Kingdom and ordained to make Laws and see them executed or to supply their Deficiency according to the present Exigency for Preservation of the Peace and Safety of the People which is universally in them but not so in particular Laws and Statutes which cannot provide against future Exigencies as the Law of Parliaments doth and therefore were not Limits to those Parliaments and it would have been farther destructive by depriving those Parliaments of half their Power at once whenever they should be circumscribed by written Laws in their Legislative Capacity which is a peculiar Property belonging only to inferiour Courts of Law and Justice but not to the Parliament of England which is the Supream Court but must have ceased to be so and have divested it self of that inherent and uncircumscribed Power which the Safety of the People comprehends and requires 2. It was absurd in the Conspirators to urge that the Bill of Exclusion was against Law and therefore null and void of it self for the Legislative Power of Parliament is to give Laws to England and not to receive any saving from the Nature and End of their own Constitution which as they give Parliaments a Being so the Parliaments make Laws for Preservation of themselves and the whole Kingdom they represent As for your unwritten Law it is to me like your unwritten Verities in the Church of Rome and the paltry Ceremonies of a Church that cannot be proved lawful either from the Command of Christ or the Practice of his Apostles if therefore by unwritten Law you mean Custom of Inheritance that 's against your Party by the Practices that have been both at home and abroad or if you mean the Equity of the thing then the Parliament in their Legislative Capacity were Judges of that or if you mean Prudence the Parliament being the Wisdom of the Nation are certainly Judges of that also From all which it undoubtedly follows that the Proposal of a Bill to exclude you from inheriting the Crown of this Realm was in it self