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A93529
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Some remarks upon a scandalous libel, intituled, The declaration of James Duke of Monmouth, &c.
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1685
(1685)
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Wing S4604B; ESTC R184454
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12,639
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15
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this right could be legally and peaceably prov'd and granted to him His present Majestie cannot be reputed either in reason in Law or in conscience an Usurper This accusation therefore is as I said ridiculous and frivolous His Majesties next pretended crime is that he ownd Himself bairfac't to be of the Romish Religion Indeed it seems strange that the Son of a King and pretended Heir to three Kingdoms Should have yet to lettle honour in him as to impute it a crime to a Prince to practise publickly the Religion which he professeth Must Hypocricie be the badge of reformation And must Integritie and sinceritie be judged criminal by the pretended restorer of the truwe Christian faith Ah James Scott God who is the Searcher of hearts knows how well thy principles and thy practises agree And I must say for I am noe flatterer 't is to be believed that were your inward man as truly known as your outward man hath been notwithstanding those several shapes through which it hath lately run the r's not a Turk but would be ashamd to accept of thee for a partner much more a Protector of his faith Thirdly we are told that His Majestie Hath cald over multitudes of Prieses and Jesuites Supposeing this were true I can scarce tell of what nature his fault would be But this I certainly know that the indiscretion of those multitudes who went over Isunpardonnable since they know how they are exposed and lvable not only to imprisonements but even to the sentences of death it selfe And for once I will advance a Negative against a single affirmative and say upon much better grounds then they affirme that His Majestie hath never cald in such multitudes of Priests and Jesuites as is pretended but on the contrary I have good reason to believe that he doth totally discountenance all such except those few who may be employed for the service of His own Chappel 4tlv It is objected That His Majestie hath govern'd arbitrarily by collecting the Customs and Excise sence the death of the late King Alas Gentlemen doth all this noise and up roar against Arbitrary Power absolute Tyranny c. conclude in this one single pretended Instance of it The case then is this The Parl. of England had granted to the late King upon good causes and confiderations the fornamed Customs and Excise during His life The King dyes and His present Majestie by Proclamation with the advice of His Privy Councel orders the Collection of the same until the meeting of the next Parl Some reasons I have heard given and they were these First because these Customs and Excise being granted to the late King towards the Support of the nauye and for the defence of the Kingdom against its Enemies if the effect be necessary the cause must equally continue and the defence of the Kingdome being the safety of the people which is the Suprema Lex the means to procure this safety is always supposed to be also granted for qui dat finem dat etiam media especially sence the Customs so collected were to continue no longer then untill such time as a Parl. could conueniently Assemble Besides the Merchants themselves agreed generally to the payments of these Customs and declard that without any consideration of the King in the case the abrupt stopping of the said Customs would prove more prejudicial to the Merchants universally then the payment of them could possibly be Thirdly the collection of these said Customs was not only reasonable and necessary but in the Opinion of eight of the twelve Judges as these noble declaring Gentlemen confesse it was also Judged legal and according to the constant Custome and ancient practice in such like cases And lastly the Parl. being Assembled was so far from calling the Judges to account for their Judgement or the officers for their collection that they immediately confirmd the same to His present Majestie as they had formerly done to the late King Now let the world Judge what reason these violent men have to take up Arms against their lawful King and Governor which neither reason nor religion could ever Justifie upon the pretence of arbitrary power and Tyranny when this case of collercting the Customs resolved by the Judges as a foresaid is the only single Instance which they have produict for either men and Brethren examine your selves for yee know not what Spirit yee are of But to obuiate and preclude my answer to the aforesaid case of the Customs these Gentlemen have branded our Judges with the Infamous Titles of subornd and foresworn In deed I know not how farr these reverend Judges of the Land and administrators of Justice amongst us made also by the late King may be guilty of two such crimes as perjurye and subornation but this I will affirme that if so many men born of good families of honourable Education learning wisdome pietie and of irreprochable lives and conversations can be capable of committing such enormous offences I can never reasonably hope to see the Benches free from corrupt mercinary and the worst of men no not when James Duke of Monmouth and his Rebells shall have taken care for the future for debarring ignorant scandalous and mercinary men from the administration of Justice and that the judges shall hold their places by the ancient tenure of quamdiu se bene gesserint or that the wisdome of his imaginary Parl. shall have settled some way and method for the approbation of such as shall be aduanced to the degree and dignitie of Judges And lastly that no consideration might stop the progres of their villanous designes and having made way for the execution of them by the condemnation of the King with all His Ministers and Judges they now fall foul upon and profane their pretended sacred Idol Parl. and tell us that this present Parl. is a Company of men pack't together by false retuns illegall Chartres and other corrupt means And so by the way leaves noe hopes of a true legal Parl. whilst the sun and moon endure for if James Duke of York a Traitor Tyrant and a popish usurper as they call Him hath been able with out force to pack such a Parl. in which there are as many Rich Noble Honest worthy Gentlemen as any Parl hath ever known how shall we hope that the true Protestant James Duke of Monmouth back't by his pretended legitimate and legal right together with the power of the sword should not be much more able to pack a Parl. of the greatest rebells Traitors Schismaticks and villains to the destruction of all good men that any age hath ever yet product The Experience of this hath been sufficiently seen in the late rebellion for which with the murder of the blessed Martyr King Charles the first his partner and accomplice Argyle is not ashamed Blaspemously to returne the glory to God But to come to the meritt of the cause I must acquaint you how the constitution of Parliaments hath been for
Some Remarks Upon a Scandalous LIBEL Intituled The Declaration of James Duke of Monmouth c HAving lately perused a printed Paper intituled The Declaration of James Duke of Monmouth c. I thought it my duty as a true subject of England a true Protestant an honest man and a lover of truth to discharge as far as in my Power it lyes All true Subjects true Protestants and honest men from the Imputation of being any ways concern'd in abeting soe villanous a Cause Next I shall endeavour to vindicate His present Majestie and Parliament under Hîm assembled together with those subordinate Gouvernours Insinuated or intended in the said Declaration from any irregular proceeding in their administration of Justice And lastly I shall answer such particular accusations as the Authors of the said Declaration have falsly and impudently laid upon His Maj. or any under Him as they concerne his own Royal Person the Protestant Religion ' or our own lives liberties or Properties To the first I doe affirme that all the true Subjects true Protestants and honest men within the Kingdome of England have promis'd and sworne to oppose to the utmost of their power with theire lives and fortunes All such Noblemen Gentlemen and Others now in Armes who will own or are supposed to have signed agreed to or are meant to be Included in the said Traiterous Declaration To prove this I referre the Readers to the Oaths of Alleageance and Supremacy generally taken by all Subjects as also the several addresses of all the Counties Shires and Corporations within the Kingdome of England but more particularly to the late unanimous Addresse and votes of Both Houses of Parl. about the 23 of May last as also of June 13th That they would assist His Majestie with theire lives and fortunes against Argyle and James Duke of Monmouth and there Adherants and all Rebels and Traitors and All Others whatsoever that shall assist them or any of them And when I come to speake of Parl. I shall make it evidently appeare that this present Parl. is the true legal and only Representative of all the Subects of England And I doubt not but our neighbour Nations are already convinct That the Kingdoms of Great Brittaine detest and abhorre this said traiterous Declaration and all Persons abetting or Subscribing it To the second The said Declaration setts forth that His present Majestie usurped the Crowne That he avows Himselfe to be of the Romish Religion That he hath cald in multitudes of Priefts and Jesuits That he hath govern'd arbitrarily by collecting the Customs and Excise sence the death of the late King That his Judges are suborned and fo rs worne That the present Parl. is packt by false returns Illegal Chartres with a great deal more of such stuffe which oblidg'd them to be take themselus to Arms. These accusations help to make up soe absurd and ridiculous a libel that it wants the Common Excuse of plesantrie and witt and indeed deserv's nor a sober answer But least strangers should possibly be impos'd upon for want of that true knowledge of our English affairs and Government which Englishmen are suppos'd to have I shall bieifly answer every particutar Objection First His Majesties right to the Crowne is so evident and cleare that I chalenge all Historians Civil Lawers or Examples in Christendome to sett forth a Title in an Hereditary Kingdome freer from Usurpation then His own both as to matter of Law and matter of fact For supposeing King Charles the 2d dyed without legitimate Issue His present Majestie is acknowledged by his Enemies as well as by all Christendome to be indubitably the next and Immediate Heir to His Brother His accession to the Crown was so peaceable that there was not so much as one sword drawn nor one single man rais'd to promote him to it or support him in it it was in plain words resigned and delivered to Him by His Royal Brother upon his death bed He was as peaceably proclaim'd and Crown'd As peaceably acknowledged by voluntary aderesses from all parts of His Dominions By all forrain Princes By the States of Hôlland and Those who have there at present the next and most Immediate right to succeed after Him and even by Amsterdam it selfe and all this unanimously acknowledged and conferm'd by the two Parl. of England and Scotland and universal Concurrance of Ireland All this would be so plain that the most ignorant might comprehend it were it not that James Duke of Monmouth hath been and still is believed to have a legitimate and legal right to the Crown of England Scotland France and Ireland with the Dominions thereunto belonging In answer to this I doe affirme that were the said Noble Dukes right to the Crowns of England c. legitimate and legal as he pretends yet as his circumstances have hitherto stood His present Majestie is noe Usurper To prove this further I must acquaint those who have not heard it if any such there be that the said Duke was not only never ownd by the King Privy Councel or any Parl. which hath ever sett sence the late Kings happy restoration But he hath been as publickly solemly and legally disclaim'd and disown'd to be the Kings legitimate son by them All as possibly the nature of the case would admittt He as thankfully himselfe accepted the honour of bring declared the Kings Natural Son when from Mr James Croftes the reputed son of the late Lord Crofts he was by the mere favour and goodnesse and recommendation of His present Majestie prefer'd to that and those high Titles which he lately enjoyd And the late King himselfe when he was upon his death bed and sensible that he could not out live 24. hours and by consequence had noe apprchensions of popish poysons or blunderbesses or could be influenced by Popish Motives or Instigations was so fair from declaring him His legitimate Son or leaving his Crown unto him That he left him not soe much as his blessing which indeed he had obstinately forseited by being a treble traitor to his King his Country and to his Father and by giving publickly the lye to his late and present Majestie by that Gentleman like trick with which he took his last leave of white hall Now when these known circumstances besides many more too long to be sett forth shall be duly considered let all sober and Impartial men judge whether there be the least probable grounds to believe this pretended legitimate and legal right and whether it be morally possible that the King should be soe unjust and unnatural as to disinherit his only Son Whom he so long and so truly loved and moreover should confirme it too even at last when neither hopes nor danger could prevent Him from declaring the truth The pretended right therefore of the Duke of Monmouth being so highly improbable or at least doubtful I say in this case altho the Duke of Monmouth had a concealed right yet in the mean time until