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A61358 State tracts, being a farther collection of several choice treaties relating to the government from the year 1660 to 1689 : now published in a body, to shew the necessity, and clear the legality of the late revolution, and our present happy settlement, under the auspicious reign of their majesties, King William and Queen Mary. William III, King of England, 1650-1702.; Mary II, Queen of England, 1662-1694. 1692 (1692) Wing S5331; ESTC R17906 843,426 519

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and does hereby Dissolve it and from this time excuses your farther attendance here but with his repeated Thanks for your Service hitherto and with the assurance of his Satisfaction in you so far that he should not have parted with you but to make way for this new Constitution which he takes to be as to the Number and Choice the most proper and necessary for the uses he intends them And as most of you have Offices in his Service and all of you particular Shares in his Favour and good Opinion so he desires you will continue to exercise and deserve them with the same Diligence and good Affections that you have hitherto done and with confidence of his Majesty's Kindness to you and of those Testimonies you shall receive of it upon other occasions Therefore upon the present Dissolution of this Council his Majesty appoints and commands all those Officers he hath named to attend him here to morrow at Nine in the Morning as his Privy-Council together with those other Persons he designs to make up the number and to each of whom he has already signed particular Letters to that purpose and commands the Lord Chancellor to see them issued out accordingly which is the Form he intends to use and that hereafter they shall be signed in Council so that nothing may be done unadvisedly in the Choice of any Person to a Charge of so great Dignity and Importance to the Kingdom Names of the Lords of His Majesty's most Honourable Privy-Council HIS Highness Prince Rupert William Lord Archbishop of Canterbury Heneage Lord Finch Lord Chancellor of England Anthony Earl of Shaftsbury Lord President of the Council Arthur Earl of Anglesey Lord Privy-Seal Christopher Duke of Albemarle James Duke of Monmouth Master of the Horse Henry Duke of Newcastle John Duke of Lauderdale Secretary of State for Scotland James Duke of Ormond Lord Steward of the Houshold Charles Lord Marquess of Winchester Henry Lord Marquess of Worcester Henry Earl of Arlington Lord Chamberlain of the Houshold James Earl of Salisbury John Earl of Bridgewater Robert Earl of Sunderland one of his Majesty's Principal Secretaries of State Arthur Earl of Essex first Lord Commissioner of the Treasury John Earl of Bath Groom of the Stole Thomas Lord Viscount Falconberg George Lord Viscount Hallifax Henry Lord Bishop of London John Lord Roberts Denzil Lord Holles William Lord Russel William Lord Cavendish Henry Coventry Esq one of his Majesty's Principal Secretaries of State Sir Francis North Knight Lord Chief Justice of the Common Pleas. Sir Henry Capell Knight of the Bath first Commissioner of the Admiralty Sir John Ernle Knight Chancellor of the Exchequer Sir Thomas Chicheley Knight Master of the Ordnance Sir William Temple Baronet Edward Seymour Esquire Henry Powle Esquire Whitehall April 11. 1679. HIS Majesty being this day in Council did cause such of the aforementioned Lords and others who were then present to be Sworn Privy-Counsellors which being done they took their places accordingly His Majesty was also pleased to declare that he intended to make Sir Henry Capell Knight of the Bath Daniel Finch Esquire Baronets Sir Thomas Lee Sir Humphrey Winch Sir Thomas Meers Edward Vaughan and Edward Hales Esquires Commmissioners for the Execution of the Office of Lord High Admiral of England And his Majesty being afterwards come into the House of Peers in his Royal Robes and the House of Commons attending his Majesty was pleased to make this Speech My Lords and Gentlemen I Thought it requisite to acquaint you with what I have done now this day which is That I have Established a new Privy-Council the Constant number of which shall never exceed Thirty I have made choice of such Persons as are Worthy and able to Advise Me and am Resolved in all My Weighty and Important Affairs next to the Advice of my Great Council in Parliament which I shall very often Consult with to be Advised by this Privy-Council I could not make so great a Change without acquainting both Houses of Parliament And I desire you all to apply your selves heartily as I shall do to those things which are necessary for the good and safety of the Kingdom and that no time may be lost in it The Message from the King by Mr. Secretary Jenkins to the Commons on the 9th of November 1680. CHARLES R. HIs Majesty desires this House as well for the satisfaction of His People as of Himself to expedite such Matters as are depending before them relating to Popery and the Plot and would have them rest assured That all Remedies they can tender to his Majesty conducing to those Ends shall be very acceptable to him Provided they be such as may consist with preserving the Succession of the Crown in its due and legal course of Descent The Address to his Majesty from the Commons Saturday November 13. 1680. May it please your most Excellent Majesty WE Your Majesty's most Loyal and Obedient Subjects the Commons in this Present Parliament assembled having taken into our most serious Consideration Your Majesty's Gracious Message brought unto us the ninth day of this instant November by Mr. Secretary Jenkins do with all thankfulness acknowledge Your Majesty's Care and Goodness in inviting us to expedite such Matters as are depending before us relating to Popery and the Plot. And we do in all Humility represent to Your Majesty that we are fully convinced that it is highly incumbent upon us in discharge both of our Duty to Your Majesty and of that great Trust reposed in us by those whom we represent to endeavour by the most speedy and effectual ways the Suppression of Popery within this Your Kingdom and the bringing to publick Justice all such as shall be found Guilty of the Horrid and Damnable Popish Plot. And though the Time of our Sitting abating what must necessarily be spent in the choosing and presenting a Speaker appointing Grand Committees and in taking the Oaths and Tests enjoyned by Act of Parliament hath not much exceeded a Fortnight yet we have in this Time not only made a considerable Progress in some things which to us seem and when presented to Your Majesty in a Parliamentary way will we trust appear to Your Majesty to be absolutely necessary for the Safety of Your Majesties Person the effectual Suppression of Popery and the Security of the Religion Lives and Estates of Your Majesties Protestant Subjects But even in relation to the Tryals of the Five Lords impeached in Parliament for the Execrable Popish Plot we have so far proceeded as we doubt not but in a short time we shall be ready for the same But we cannot without being unfaithful to Your Majesty and to our Country by whom we are entrusted omit upon this occasion humbly to inform Your Majesty that our Difficulties even as to these Tryals are much encreased by the evil and destructive Councels of those Persons who advised Your Majesty first to the Prorogation and then to the Dissolution of the last
together with the defection of many of the Roman Catholicks from all the Terms of that Pacification the War came again to be revived against the King of Spain and all that had been agreed unto at Gant was rendred ineffectual and overthrown And I would fain know of our Learned and Wise Author how the States of the Seven Provinces are more guilty of the violation of that Pacification by making the Protestant Religion to be that of the publick Establishment within their Territories and Jurisdiction than the King of Spain and the States of the Spanish Netherlands are in their denying a Toleration of the Protestant Religion in those Provinces seeing I am sure it was agreed and sworn unto in that Pacification And as for the Union concluded at Vtrecht the Terms whereof our Author upbraids these States with a departure from It will be no difficult matter to shew how his knowledge and sincerity are in reference to this particular of one measure and piece For tho' diverse of the Provinces which entred into that Union did thereby enjoy a Liberty of chusing and determining which of the two Religions should have the stamp of the publick establishment within their own Jurisdictions yet it was then and there ordained that the Protestant Religion alone should be publickly professed and have the protection of the Laws in the Provinces of Holland and Zealand And as the other Provinces were left to do as they should judge best for the peace and safety of their respective Territories and the support and defence of the Union so it is a thing wherein all that have written with any integrity do agree that the alterations which were afterwards made in these Provinces or in reference unto them concerning Religion were either resolved and decreed in the Provincial Assemblies of the States of those several Provinces or else in the meetings of the States-General where not only the Deputies of those several Provinces were present and consenting but behoved to have the approbation of their Principals in order to the rendring those Alterations legal and binding Nor is it unworthy to be observed that the chief occasion for shutting the Roman Catholicks out of the Government and for depressing the Romish Religion from being Dominant arose from the Papists themselves in that not only contrary to their stripulations and promises they were found in the verture of a malice imbib'd from their Religion to be upon all occasions committing violences and outrages against the Reformed but in that the Roman Catholick Magistrates and many others of that Communion were discovered to retain too great an inclination to Spain and to be ready to abandon and betray the Freedom and Civil Rights of their Countrey instead of continuing stedfast and faithful in the defence of them as they had covenanted and sworn In a word as neither the Articles of the Union at Vtrecht nor any other Terms agreed upon before the Abdication of the King of Spain which was not until Anno 1581. can be called the Fundamental Laws of the Government of this Republick tho' they may be stiled conditions upon which such and such Provinces Associated for mutual defence against the Spanish Power and Tyranny so it is undeniable that by reason of the many dangers they found themselves exposed unto and the hazards they had run of being betrayed again into the hands of the Spaniard through their having suffered the Magistracy to remain any wherein Papists and thro' their having allowed the Roman Catholick Religion to be publickly preached and exercised they thereupon re-assumed and gave a new frame unto their Union in the Year 1583. in which it was agreed and enacted by all the Provinces that from that time forward the Reformed Religion should alone be openly professed and preached and that none but Protestants should from that time be admitted to any Office of Policy and Justice in the Government And as this is the true Fundamental Law upon which this State hath since so happily subsisted and flourished so there can be nothing objected against the Justice of it but what will lye against all States of the World who have always changed and moulded their Laws as they have been necessitated in order to self-preservation And so remote from all truth is our Author 's affirming the Roman Catholicks to have been upon these Alterations brought under Persecution that Sir William Temple whom the World will much sooner believe than this Gentleman tho' possibly he may bear the same character which that worthy person once did does assure us in his excellent Observations upon the United Provinces of the Netherlands That no Papist can here complain of being pressed in his Conscience of being restrained from his own manner of Worship in his House or obliged to any other abroad and that all such who ask no more than to serve God and save their own Souls have as much Freedom Ease and Security as they can desire Yea it is demonstrable that the Roman Catholicks enjoy advantages under this Government which they have not in Popish States In that being suffered to exercise their Relgion so far as is necessary to attain all the ends of it if it be capable of affording them any whereon they can hereafter find themselves happy they are delivered from the Tyranny of Priests over their Persons and Estates and hindred from being in a condition to do that ill to others which the Doctrines of their Church would both tempt them unto and justifie them in And as to that which our Author says of the injustice done to the City of Amsterdam and of the violating the Conditions towards the Roman Catholicks there upon which under the guaranty of the Prince of Orange they came into the Vnion he is mistaken in that whole matter and betrays only his ignorance infidelity or both For the Conditions which he mentioneth were the result of an Agreement made Anno 1578. when upon the Nassovian Army's coming before their City to attack them they abandoned the Party and Interest of the King of Spain whom they had till that time adhered unto and came into an Alliance with the rest of the Towns of the Province to oppose him in defence of the Priviledges of these Countreys And as this was a year before the Vnion concluded at Vtrecht into which Amsterdam entred at the same time that Gelderland Zutphen Holland Zealand and Utrecht did so they joined in the Vnion upon the same Terms that the other Towns of their own Province had agreed unto Nor could the Prince of Orange be Guaranty in reference to the conditions specified in the Vnion forasmuch as tho the Act of Vnion was signed Jan. 23. 1579. yet the Prince did not sign it till the May following And that the Roman Catholick Magistrates came to be divested of the Government contrary to the Articles made with them when they forsook the party of the King of Spain they have none to blame for it but themselves nor was
STATE TRACTS Being a Farther COLLECTION OF Several Choice Treatises Relating to the GOVERNMENT From the YEAR 1660. to 1689. Now Published in a Body to shew the Necessity and clear the Legality of the Late REVOLUTION and Our present Happy SETTLEMENT under the Auspicious Reign of Their MAJESTIES King William and Queen Mary LONDON Printed and are to be Sold by RICHARD BALDWIN near the Oxford-Arms in Warwick-Lane MDCXCII PREFACE to the READER THE Main and Principal Design of making this following Collection was to preserve entire in this Second Volume some other Excellent Tracts of equal esteem and value with the former which made that Book so much obtain among the Learned and Curious as that the whole Impression of it is already near sold And as it cannot but be very entertaining to Vs in the reading of them who do yet so sensibly remember what we then felt and looked for worse to fall on us every day than other so it will certainly be of great Benefit and Advantage to our Posterities in future who may considerably profit themselves by our Misfortunes This is a Collection that in the general will set forth the true and Legal Constitution of our Ancient Famous English Government which of all the Countries in Europe Memoirs of Philip de Comines Kt. lib. 5. cap. 18. p. 334. in Octavo Printed 1674. where I was ever acquainted says the Noble Lord of Argenton is no-where so well managed the People no-where less obnoxious to Violence nor their Houses less liable to the Desolations of War than in England for there the Calamities fall only upon the Authors 'T was a true Observation that this Great Man made of the Justice of our Gallant Ancestors in his days how miserable the Successive Generations have deviated from the vertue of their steps how much the strict Piety of their Manners and the noble Bravery of their Spirits Tempers and Complexions have been enervated and dissolved by the later looseness supine carelesness and degeneracy the present Age hath great reason to bewail and 't is hoped that those to come will be hereby cautioned to grow wiser and better by those past Follies and Miscarriages In particular Here will be seen the dangerous Consequences of keeping up a standing Army within these Kingdoms in a time of Peace without consent of Parliament The Trust Power and Duty of Grand Juries and the great Security of English-mens Lives in their faithful discharge thereof The Right of the Subject to Petition their King for Redress of their Wrongs and Oppressions and that Access to the Sovereign ought not to be shut up in case of any Distresses of his People The Spring of all our late private Mischievous Councils and Cabals and the Special Tools that were thought fittest for Preferment to be imployed under a colour of Authority to put all those concerted Designs in motion and execution The Parliament's Care in appointing a Committee to examine the Proceedings of the Forward and Active Judges upon several Cases that were brought before them of grand importance to the Common-weal Peace and Safety of the Nation ☞ and the Resolution of the House of Commons upon their Report That the Judges said Proceedings were Arbitrary and Illegal destructive to Publick Justice a high and manifest Violation of their Oaths a Scandal to the Reformation an usurpation of the Legislative Power to themselves and a means to subvert the Fundamental Laws of this Kingdom And the several Grievances that this Nation hath long been labouring under for the Advancement of Popery Arbitrary Dominion and the unmeasurable Growth and Power of France There are likewise interspersed in this Volume several Matters of Fact relating to the Male-Admininistration of Affairs in Scotland under Duke Lauderdale and his Favourites as also a Large and Faithful Account of the late Earl of Argyle's Tryal Escape and Sentence with divers other things for the better clearing of his Case In a word This Collection will discover to us the Mysteries of the Monarchy in the two Late Reigns and the Abused Trust of Government in those Princes by a Dispencing Power both in Ecclesiastical and Civil Matters to Tyrannize over their Subjects who in the mean while were taught by s●me Passive-Obedience and Non-Resistance Doctrine-holders That all their Duty was tamely to submit to and patiently sigh under their daily Sufferings and Oppressions and I think we bore them so long till we were within one throw more of loosing all our good old Laws and Constitutions and even the Government it self Our Miseries were lately so great and many as you will find here that it is impossible for any one better and more fully to express them than in the words of a very Learned and Judicious Author who hath thus given us a just and lively Representation of them Our Laws says he were trampled under foot and upon the matter abolished to set up Will and Pleasure in their room under the Cant and Pretence of Dispencing Power Our Constitution was overthrown by the Trick of New Charters and by closetting and corrupting Members of Parliament Men were required under pain of the highest Displeasure to consent Some Considerations about the most proper way of raising Money in the present Conjuncture Printed Octob. 1691. and concur to the sacrificing their Religion and the Liberty of their Countrey The worthiest honestest and bravest Men in England had been barbarously murthered and to aggravate the Injustice which was done them all bad been varnished over with a Colour of Law and the Formality of Tryals not unlike the Case of Naboth and Ahab Those whom the Law declared Traytors were in defiance of the National Authority introduced into our Councils and the Conduct of Affairs put into their hands Our Vniversities were invaded by open Force those who were in the lawful possession of the Government of Colledges turned out and Papists sent thither in their room And if that Attempt had throughly prospered the Churches and Pulpits would soon have followed It were vain to go about to enumerate Particulars In a word the Nation was undone All was lost The Judges were suborned or threatned to declare that the King was Master of all the Laws and the Bishops were required to publish this New-created Prerogative in all the Churches of England by the Mouths of the Clergy which when some of them refused to do representing to the King with the utmost submission and modesty that neither Conscience nor Justice permitted them to do what he desired they were prosecuted at Law as if they had been guilty of some great Crime Letters were written and intercepted by which it appeared evidently that the change of our Religion was determined and that Popery was to be brought in with all speed least the opportunity should be lost And for the better compassing this pious design our Civil and Parliamentary Rights were to be taken away in Ordine ad Spiritualia And when the Nation and those who were concerned