to prevent the Fraud and Danger of Holy Pretences for such Unrighteous Attempts against our natural and civil Properties Our Penal Laws are to punish Offences against the Civil Government and Humane Society and tho they be about matters Ecclesiastical the Subjects of England cannot pretend to be exempted from them because of their Consciences any otherwise than they may wickedly claim to be free from the Penal Laws against Felonies and Murders if they shall plead that they Robbed or Killed according to theâ—r Consciences His Majesties avowed Intent and Endeavours are to free the Emissaries of Romes Priests and Papists from the punishments and dangers of those our Penal Laws against such manifest Attempts upon the Freedom Rights and Properties of the Realm that His new Erected Popish Colledges His Convents of Monks His Four Provincial Bishops and His numerous Priests may be authorized by Him without force of Laws to maintain the Church of Romes Canons to be of greater Authority than the Laws of the Realm to Declare all the Power of Magistracy in Protestants Hands to be Unlawful and all Rights and Titles to their Estates forfeited to the Papists by their being Protestants to own and justifie Dispensations from Rome with their Obedience to all such Laws of the Realm as the Pope and His Priests dislike and professedly to hold Communion with the Church of Rome the French King and all Foreign Papists that declare themselves Mortal Enemies to the Religion and Power of the Protestants to contrive with them the Suppression or Extirpation of them out of the Realm This work his Majesty hath so far begun that he hath suspended and stopped the Execution of the Penal Laws against all the High Crimes some whereof the ancient Papists of this Kingdom made Capital and he declares all such Protestants as will not help to finish it not to be qualify'd as Christians or Englishmen for any Imployment in the Kingdom and therefore least of all to be Members of Parliament Hereby his Majesty attempts to Confine the Electors in their Choice to so small a party that he allows them not the choice of one of forty whom our Laws make capable of being Elected for Parliament the Number is so small professed Papists excepted out of which his will is to have Members of Parliament chosen that our Laws will judge it no choice if he can impose his will upon the Kingdom as he hath declared it Hereby your Highnesses may be satisfied that our case is deplorable it seems not sufficient for our Popish Enemies to seek the abolition of all our ancient Penal Laws that are not agreeable to those new invented Doctrines and pernicious Practises of the present Church of Rome which the Penal Statutes shew to have been abhorred by our ancient English Papists but their design is to destroy the Constitution and form of the free Government of the Kingdom from whence arose all those Penal Laws against their Churches proud Domination and their Usurpation of the Rights of the Crown and the whole Realm They know by our Histories and Records that the free Parliament always made the Complaints from age to age against their pernicious claims of power over our Kings our Laws our Courts of Judicature and their Judgments and against their Exactions Impositions Frauds and Delusions of the People with their Superstitious folly whereby they gained a third of the revenues of England and drew so much Money to Rome that they impoverished and almost ruined the Kingdom They are sensible that they have been able to inslave to the Pope and Priests several of the greatest English Kings that they could prevail with the King for Licenses and Pardons to them to transgress the Laws that the Parliament made to preserve the Subjects Rights and properties and that the Parliament only caused new Laws to be made for declaring such Licenses Dispensations and Pardons of the Kings void and null They know that they have perswaded several of the Kings that the Pope could absolve their Conscience from all obligation by the Laws and from Agreements Promises and Oaths to their Kingdom to maintain their great Charters and all their Laws and Liberties and that they prevailed upon one of them to resign the Kingdom intirely to the Pope and to hold it of him by rent and they understand that the People in free Parliament only made and declared all such Dispensations and resignations void and nul and justly required those Kings to renew their Oaths to the Kingdom to preserve their Liberties and scorned with indignation the Popes demands of his pretended rent for the Kingdom declaring that their Kings had no such Patrimonial right in the Kingdom to subject it to any powers on Earth They cannot hope that a freely chosen Representative of this Kingdom can suffer such a delusion to be put upon them to be perswaded that due Christian Liberty of Conscience requires them either to allow the forreign Romish Laws or Canons to contest for power and place with the Laws of England or to suffer any of the Subjects of England openly to profess themselves their Persons Marriages or Estates to be subject to any Foreigners Jurisdiction and to depend of their Authority Offices and Sanctions and the exercise of them for their Eternal Salvation which is in truth to renounce their subjection to England or to own and avow to have the nearest Union and Communion with Foreigners that openly profess themselves Mortal Enemies to more then a hundred to one of the whole Realm and to be bound in Conscience to seek their suppression or destruction They cannot think that a free English Parliament should not always know that no Doctrines of Jesus Christ ever destroyed or changed the Natural and Civil right of any person or Nation or allowed that any part of the People of a free Country should correspond with or depend upon the declared Enemy of the far greatest part of it they have therefore resolved to over-turn the very foundation of our Civil Government the Peoples free choice of their Deputies for Parliament that there may never be a free Parliament more in the Kingdom which is a Plot much worse than their Gunpowder Treason It seems they think it safest to keep a shadow of Elections for their intended Convention by forming Bodies Politick of Cities and Towns to name or return whom the King pleases and by the specious name of Liberty of Conscience with promises of Favour and threats of Displeasure to deceive or affright the other Electors to accept of those for their Deputies that the King shall offer but if this attempt upon the Prime Fundamental of our whole Civil Government shall be suffered the King may hereafter with as much Justice Law and Reason call whom he pleaseth from any parts of the Kingdom to Consult with and in the Name and under Pretence of their Advise change our Laws and Customs impose Taxes and Alter at his pleasure the
the Queen when they could not be ignorant that it was the voice of common Fame in England and Foreign Countries that her Majesties Conception of a Child was meerly Fictitious and that a supposititious Prince was designed and seeing no Excuse or Pretence is published for the neglect or failure of such a Testimony of his birth we say the Circumstances of the Case being considered it 's most unjust to expect or demand of Your Highnesses or of the People of England or of Foreigners a belief and acknowledgment that this pretended Prince of Wales was born of the Queen As our Common Law informs us who are fit and proper Witnesses whose Testimonies ought to be received in this Case and in the proof of all Matters of Fact respectively so the same declares who are deemed to be unfit and disabled to be Witnesses in all the various and respective Questions of Fact it shews whose Testimonies ought not to be heard and much less believed in divers sorts of Facts that come into question If your Highness and the Kingdom be told of the presence of such persons to have been at the Birth of this pretended Prince as ought not by our Laws to be accounted Witnesses nor their averrments in the case to be heard by your Hss or the Kingdom and much less to be allowed to be of any Validity in the Common course of out Courts of Judicature if parties concerned to prove a Fact do knowingly offer for Witnesses such as our Laws reject in the Facts in question it turns to the prejudice of their other proof we are therefore obliged to acquaint your Highnesses with the Actions Qualities Respects and Circumstances that have disabled many by force of our Common Law to be heard as Witnesses of the Birth of this pretended Prince of Wales First Our Laws utterly disable all those to be heard in the Case that have received either gifts of Money or Honours or any other Reward or Benefits whatsoever for their pretended Assistance about his Birth or by reason or occasion of that pretence 't is the Common Practise of our Law that when a Witness is produced the adverse Party may examine him upon his Oath whether he hath had Money or other Reward or Gift directly or indirectly for or by reason of the matter in question or from the Party in whose behalf he is produced to testifie or from any of his Friends if he cannot acquit himself thereof by his Oath though it cannot be proved against him our Impartial Law deems such a person not only to be partial in the Case but corrupted and bribed and unworthy to be heard Our Law will not admit those to be Witnesses for the Birth of this supposed Prince of Wales that have any Promise Expectation or Hopes of any Advancement Office Place or Benefit by or under him if he shall be received and allowed by the Kingdom to be Prince of Wales they that cannot purge themselves by their Oaths from all such Promises Expectations and Hopes are not in the Judgment of our Law persons indifferent and unconcerned in the Event of the Matter in question nor fit to be heard as Witnesses their Testimonies being partly for themselves and their own Benefit and the allowance of such Testimonies in Judicature would in consequence subvert all Civil Justice and Government Our Law excludes all from being Witnesses to support the pretence of the supposed Prince of Wales as have such dependance on the Patrons and Maintainers of him that they are in danger of damage and loss by them of any kind if they should displease them in their Testimony Our Laws judg all such not to be free and of their own Right in the Case but bound to serve and please the Patrons of the Cause and therefore presume that they may be corrupted by fear of losing the Advantages they love if they should impartially declare the whole Truth and nothing but the Truth of the matter Our Laws seek to know the naked and entire Truth of all Facts that come into legal question or Contest and will not admit of any to be Witnesses of them unless they appear to be free from Fears of any Prejudice to themselves by speaking the Truth impartially We are inforced by the Concern of all the Protestants to speak more plainly than we would we must say that all that hold Offices of Profit and Honour during the Kings Will are by the Laws of England excluded out of the Number of fit and competent Witnesses about the Birth of this Child whom His Majesty hath proclaimed and maintains to be Prince of Wales our good Laws have regard to humane infirmities and will not put a temptation upon men to suffer them to be Witnesses in matters wherein they may damnifie themselves in the loss of their Offices if they happen to displease their Master in his concern in the case by testifying clearly the whole Truth of it they are not free in the Judgment of our Laws to speak the Truth without fear and for that reason are not to be received by the Kingdom as Witnesses in this Case Our Laws will never allow or suffer any to be Witnesses in this Case who are known or may be proved to have Enmity or Prejudice of any kind upon any account whatsoever to Her Royal Highness against whom most immediately this supposed Prince contends she having been most unquestionably the Heir apparent of the Crown and justly so remaining until the Kingdom shall be satisfied by a sufficient Number of lawful Witnesses that there is a Prince born whereby her claim to the next Succession shall be postponed The question of Fact to be decided by Witnesses is apparently between her Royal Highness and this supposed Prince and 't is a legal unanswerable and conclusive Exception against any to be received for Witnesses against her in his behalf that they are declared Enemies to her and the Professed Protestant Religion the destruction whereof they are bound in Conscience to endeavour and for that reason such known Enemies to her right of Succession to the Crown that their Church have decreed and declared her Right and the Right of all Protestants to any Authorities to be absolutely forfeited to the Papists for Protestant Heresie It cannot be denied that all that are sincerely Roman Catholicks and believe their own Church do judg Her Royal Highness to be an Excommunicated Heretick by their Church and that all Her Rights in possession and reversion are thereby confiscated and that they are all obliged by the Law of their Church in Conscience of their Religion and by the hope of Pardon of their sins to defeat and destroy by all ways and means in their Power all Her Pretensions to the Descent of the Crown upon her and to assist to the investing the Right to the Succession in a Roman Catholick We might here add that our English Papists are all in Vnion and Communion with the Pope as appears by his Nuntio in
of Justice and Love amongst men and by Consequence of the Religion preached and established by Christ. These matters of fact are self-evidences and clearly shew that our Grievous Oppressions by our King are the effects of the united Councils of the Popish Interest whereof the French King is the Chief That the Conspiracy against true Religion and Liberties that now appears in England Comprizes all the Protestant Princes and States in Europe England is only first attacked as the principal Fortress of the Protestant Profession if the three Kingdoms of England Scotland and Ireland can be reduced into the pattern of the French King in Government and Religion and the strength of them be united against any single Protestant State or Prince they shall think fit to assault if they can by Artifices keep the rest divided which will not be hard for them for there is little hope of any long defence of such a State. The French King seems not unwilling to have it known that the Popish design is General against all Profession of the Protestant Religion tho especially against England he hath allowed the Bishop of Cosnaes speech to him at Versailes in 1685. to be published who was authorized to be the Mouth of the Clergy of that Kingdom he magnifies the King for suppressing the Protestants of his own Kingdom and asks what they may not yet expect England saith he is just offering to your Majesty one of the most glorious occasions that you can desire the King of England by the need which he will have of succour and of the support of your Arms to maintain him in the Catholick Faith will make you quickly find occasion to give a protection wholly of your self We know very well before the French Clergy declared it by that Bishop that the same head that contrived the pervertion of destruction of so many millions of the Protestants in that Kingdom designed the ruin of the English Religion and Liberty but it surprised us to see that speech published by the French Kings Authority and that our King should suffer the Translation of it to pass freely in England and thorow the World. We thought it beneath the Majesty of a King of England to be content that his subjects should be told that he was to come under the protection of a King of France over whose Kings and Kingdom his Ancestors had so often triumphed but it seems nothing is to be esteemed inglorious that may serve the General Popish design of Extirpating the Protestant Profession We need not put your Hss in mind that the same speech acknowledges that the Popish Councils and Conspiracy against England intend the like ruin to the Religion and Freedom of the United Provinces that Bishop tells the King that he hath undertook the Conquest of new Countries there to re-establish the Prelacy the Religious worship and the Altars that Holland and Germany have been the Theater of his Victories only that Christ might triumph there that is that the Papists might trample upon the Protestants and their Religion and this he speaks as he says in the very Spirit of the Church and signifies their hopes of succâ—ss against the poor Protestants to be unbounded saying what may we not yet Expect We must freely Confess we were too slow to believe this desperate Popish Plot against the whole Protestant Profession and in our particular Case we have been deluded with our Kings promises to protect and maintain our Religion our Laws and Government until we see them all undermined and the train laid to blow them up by a packed Convention of men preingaged perverted or corrupted to serve the Kings will and designs that shall assume the name of Parliament we were not utterly insensible of the danger of our Liberty in our Religion and our Government from the time his now Majesty declared his late Majesty to have been a Papist but who saw that by their secret Conjoyned Councils they had not been able to prevent the making some Laws to secure the Protestants by Excluding Papists from our Parliaments and all Offices and Imployments and we hoped that our Kings life would not be sufficient to overturn by degrees as they had begun to proceed the Excellent foundations of our Civil Government nor to Extinguish the clear light of the truths of Christ Professed in our Religion and we were assured that your Hss minds were clearly inlightened in the Doctrines of the Protestant Religion and adorned and accomplished with all Christian and Royal Vertues fit to possess the highest throne Thereupon we incouraged each other to suffer with patience his Majesties attempts against our Laws and Liberties presuming that your Hss would ere long be our joyful deliverers to the Everlasting Confusion of the Popish designs against our Government and Religion and to the Vindication of the Innocency of the Protestant Martyrs in all the Kingdoms of Europe But as your Hss were the greatest objects of our earthly hopes so the thoughts of her Royal Highnesses succession to the Crown in Conjunction with your Highnesses Virtues and Military prowess and magnaninity were matters of the greatest horror and dread to all the Popish Councils of Europe They have therefore applied themselves to various consultations sometimes it hath been proposed by his Majesty's Power with a Parliament by the deluding Names of Liberty of Conscience and a Magna Charta therein to Fetter Your Highness in Your accession to the Crown with such Conditions as were obtained in Parliament in the cases of Queen Mary and Elizabeth which they hoped to strengthen by his Majesty's putting the Papists into possession of all the strength and Authority of the Kingdom united with all the power of the French King that your quiet Admission to the Throne might not be possible unless you should submit unto and depend upon the Papists and the Conditions that they should impose But they found it of greater difficulty than they at first imagined to get a Parliament that would joyn with his Majesty in such a project against your Highnesses Therefore some of the more cautious Papists of considerable fortunes stumbled at the absolute force of a mercenary Army and the French Power to put a force upon the Heiress of the Crown they propounded that his Majesty should rather try the force of his Paternal Power with her Royal Highness and use all the arguments of interest to induce her either to change her sentiments in her Religion or at least to moderate her thoughts concerning them and incline her to concur in their full Liberty If such Endeavors should be hopeless that then Your Highnesses should be at least prevailed with to declare your Consents to his Majesties Declaration for Liberty of Conscience and your concurrence in his desires to a Parliament for the repeal of all the Penal Laws in matters Ecclesiastical and the Test It was presumed That Your Highnesses might have been perswaded that the Laws suspended and dispensed with by his Majesty were only