a Reason or Argument for Vacating our Charter is beyond my conception for Fire and Sword were the designed instruments and ministers of their barbarous and hellish Contrivance and if they had once prevailed how weak a Rampart would our Charter have been against so cruell and powerfull an Enemy Would a blood thirsty and conquering Papist have made Westminster-Hall the Arbiter Certainly No we must have received our Law from the mouth of the Cannon and our Hedge would have been broke downe with a great deal of ease Is it reasonable to imagine that after they had waded through the blood of King and Nobles to their wished-for End in Old England they would make use of Politicks in New And as preposterous and unreasonable to fancy That for that end our Charter was called in question especially when we consider that more than four Decads of years have allready past since the Crowne of England first thought it not fit for us to hold any longer and severall years after the popish Plot was discovered before the Scire facias issued out 2. That the Charter was injuriously and illegally Condemned without giveing us timely notice of it or allowing us to Answer for our selves might bear some weight with it if true but it will appeare quite other wise and that we had opportunity enough to have made defence on behalfe of our Charter if we had so thought fit for severall years before the proceedings to the Condemnation thereof Our late Soveraigne King Charles the Second by His Letters signified to us the many Complaints that were made to him of our Encroachments and ill-Administration of the Government and commanded that we should send over Agents sufficiently Authorized to Answer the same which we at length so far complyed with as to send Agents who when they were called to hear and Answer the said Complaints alwaies excused and avoided the principall parts thereof pretending they were not sufficiently impowered for that purpose and after other Agents fully impowered to Answer but not to submit or Conclude any thing And when His Majesty was pleased to cause a Writt of Quo Warranto to be sued forth against our Charter and sent over with his Gracious Declaration and Proposals of such Regulations to be made therein as might be agreeable with His Majesties Service the good well-fare of his subjects here and required an entire Submission from us therein our Generall Court would not submit to or comply therewith onely a Letter was sent to the Right Honourable Sr. Lionell Jenkins then Secretary of State dated the 10. of December 1683 Subscribed by the Governour Eight of the Assistants onely wherein after the acknowledgement of their haveing had a Copy of the Quo Warranto and His Majesties Declaration they say that the major part of the Magistrates have for severall Weeks declared their Opinion and voted to lay themselves at His Majesties feet by an humble Submission and Resignation of themselves to His Majesties pleasure not being willing to Contend with His Majestie in a Course of Law but by the next Opportunity to dispatch their Agents fully impowered to make their submission according to His Majesties said Declaration but by no means can at present obtain the Consent of the Deputyes whereby to make it an Act of the Corporation and therefore have agreed with them to a power of Attourney-ship to save a Default in hopes that further time will prevail to dispatch their Agents accordingly and shall earnestly endeavour to give the people a better Understanding before the next Ships saile from hence His Majesty by this finding that all the easie meanes He had used could not bring us to any Answer for the Crimes and Misdemeanours laid to our Charge nor produce any thing else but Bassles and Delayes gave Order to His Attourney Generall to sue out a Writ of Scire facias out of the High Court of Chancery against our Governour and Company which was accordingly done directed to the Sheriffs of London c. and made returnable in Easter Terme in the 36 yeare of His Majesties Reigne wherein they were Required to make knowne to the said Governour Company at London that they may appeare in His Majesties High Court of Chancery at Westminster on the day of the Returne thereof to shew cause wherefore the said Charter for the Reasons in the said Writt of Scire facias mentioned and contained should not be made void null and cancelled and the Liberties and priviledges thereby granted to the said Governour and Company be seized into the King's hands upon which Writt the said Governour and Company not appearing another Writt of Scire facias of the same Tenour issued forth Returnable in Trinity Terme then next following when the said Governour and Company appeared by their constituted Attourney and Councill but refused to plead to the said Writt onely moved for time to send hither which not being agreeable with the Rules and Practice of the Court in such Cases could not be allowed But in favour to them a Rule was made that unless they pleaded by the first day of the then next Michaelmas-Terme Judgement should be entered by Default And in that Terme for Default of pleading Judgement was enterd on His Majesties Behalfe and the said Charter adjudged to be void Null and Cancelled and that the Liberties and Priviledges of the said Governour and Company be Seized into the Kings hands which was accordingly done by the Exemplification of the said Judgement in the Reigne of King James the Second and by His Majesties Commission to a President and Councill to take the Government of this Countrey All which proceedings are most just and and Legall according to the Rules and practice of the Law of England and agreeable with many Precedents of the like nature both Ancient and Moderne Besides All Companies Corporations or Bodies politick made or granted by Letters Patents or Charter from His Majesty for any parts or places beyond the Seas are by themselves or Agents to be always ready to answer His Majesty in any of his Courts at Westminster when He shall think sit to Order any Suite or Writt to be sued and prosecuted against them and are supposed to be Resident in or about London or Westminster for that purpose as the East-India Royall-Affrican Bermudas and Hudson-bay Companies are who have their Trade Factories Colonies and Plantations abroad in Asia Affrica and America and in the like state and Condition ought the Company and Corporation of the Massathusetts Bay in New-England to be According to the Capacities given them by their Incorporation of Sueing and being sued Pleading being Impleaded wherein if we have neglected our Duty as well as exceeded our Powers and Priviledges granted and would not put our selves into a Condition to be heard when we ought and might it is not His Majesty nor the Proceedings of His Courts that are to be blamed but our selves 3. That there was a Commission sent to the President
and the successive one to Sr. Edmond Andross are both true but that they were illegall is a position a little too confidently asserted by the Penman who seems to be more a Clergy-man than a Lawyer but because the well clearing up of this point will be of great Service to the subsequent Discourse 't will not be amiss that it be throughly considered I shall therefore lay downe this as a certaine Maxime both consonant to Reason the Lawes of the Land That Those Kingdomes Principalities and Colonies which are of the Dominion of the Crowne of England and not of the Empire of the King of England are subject to such Lawes Ordinances and Forms of Government as the Crowne shall think fit to establish That new-New-England and all the Plantations are subject to the Dominion of the Crowne of England and not to the Empire of the King of England Therefore The Crowne of England may Rule and Governe them in such manner as it shall thinke most fit For the proofe of which I shall instance Wales which was once a Kingdome or Territory governed by its owne Lawes but when it became of the Dominion of the Crowne of England either by Submission or Conquest it became subject also to such Lawes as King Edward the first to whome they submitted thought fit to impose as may plainly appeare in the Preamble of the Statute of Rutland Leges et Consuetudines partium illarum hactenus usitatas coram nobis et proceribus Regni Nostri fecimus recitari quibus diligenter auditis et plenius intellectis quasdam illarum de Consilio Procerum predictorum delevimus quasdam permissimus et quasdam correximus et etiam quasdam alias adjiciendas et faciendas decrevimus et eas de caetero in terris Nostris in partibus illis perpetua Firmitate teneri et observari volumus in forma subscripta In English thus We have caused the Lawes and Customs of those parts hitherto used to be recited before Us and the Peers of Our Realme which being diligently heard more fully understood some of them by the Advice of Our Peers aforesaid We have obliterated some We have allowed and some We have corrected and have also decreed that some others shall be made and added to them and We will that for the future they be holden observed in Our Lands in those parts with perpetual firmnesse in manner herein after expressed Then follow the Ordinances appointing Writts originall and judiciall in many things varying from those of England and a particular manner of proceeding And againe in the Close of the said Statute et ideo vobis mandamus quod permissa de caetero in omnibus observaetis ita tantum quod quotiescunque et quandocunque et â—bicunque Nobis placuerit possimus praedicta Statuta et eorum partes singulas declarare interpretari addere sive diminuere pro Nostrae Libiâ—o voluntatis prout securitati Nostrae et Terrae Nostrae viderimus expediri And therefore We Command you that from hence foreward you observe the premises in all things so onely that as often whensoever and wheresoever We please we may declare interpret add to and diminish from the said Statutes and every part of them according to Our will and pleasure so as We shall see it expedient for the safety of Us and Our Land aforesaid In the Next place I shall instance Ireland That it is a Conquered Kingdome is not doubted Co. Rep. fol. 18. a. but admitted in Calvins Case and by an Act of the 11 th 12 th and 13 th of King James acknowledged in expresse words Viz. Whereas in former times the Conquest of this Realme by His Majesties most Royal Progenitors Kings of England c. That by Virtue of the Conquest it became of the Dominion of the Crowne of England and subject to such Lawes as the Conquerour thought fit to impose untill afterwards by the Charters and Commands of H. the Second King John and H. the 3. they were entituled to the Lawes Franchises of England as by the said Charters Reference being thereunto had may more fully appeare I shall onely instance two The first is out of the close Rolls of H. the 3. Wherein the King after Thanks given to G. de Mariscis Justice of Ireland signifies That Himself and all other his Leiges of Ireland should enjoy the Liberties which he had granted to his Leiges of England and that he will grant confirm the same unto them Claus 1. H. 3. dorso 14 Which afterwards in the 12 th yeare of his Reigne he did as followeth Rex dilecto et sideli suo Richardo de Burgo Justiciarâ— suo Hibern Salutem Mandavimus vobis firmiter precipientes quatenus certo die loco faciatis venire coram vobis Archiepiscopos Episcopos Abbates Priores Cometes Barones Milites libere Tenentes et Balivos singulorum Comitatuum et coram eis publice legi faciatis Chartam Domini Johannis Regis Patris nostri cui Sigillum suum appensum est quam fieri fecit et jurari a Magnatibus Hiberniae de Legibus et Consuetudinibus Angliae observandis in Hibernia Et precipiatis eis ex parte Nostra quod Leges illas Consuetudines in Charta praedicta contentas de caetero firmiter teneant et observent The King to His faithfull and beloved Richard de Burg Justice of Ireland Greeting We have Commanded you firmly injoining you that on a certain day and place you make to come before you the Archbishops Bishops Abbots Priors Earles Barons Knights Free-Holders and the Baylifs of every County and before them you cause to be publickly read the Charter of the Lord King John our Father to which His Seal is affixed and which He caused to be made and sworne to by the Nobility of Ireland concerning the Lawes and Customs of England to be observed in Ireland And command them on Our behalfe that for the future they firmly keep and observe those Laws and Customs conteined in the Charter aforesaid By all which it is evident that after the Conquest and before the recited Charters the Inhabitants there altho' composed of many free-borne English Subjects who settled themselves among them were neither govern'd by theire owne Laws nor the Laws of England but according to the good pleasure of the Conqueror and if you will take the opinion of Sr. Edward Cooke in his Annotations on the Great Charter he tells you plainly That at the makeing thereof it did not extend to Ireland or any of the King 's forreigne Dominions but after the making of Poynings Law which was in the 11 th yeare of H. the 7 th long after the Great Charter it did Extend to Ireland I have onely one Instance more and that is the Vsage of forreigne Nations in theire Plantations and Settlements abroad The Government of the Vnited Provinces Denmarke are well knowne in Europe and yet in all theire Plantations their Governments are
despoticall and absolute all the power is in the hands of a Governour Councill and every thing is ordered and appointed by them as is well knowne to those that are acquainted with Batavia Surinam Curasao New-Yorke when formerly in their hands and the Island of St. Thomas By which it is it evident that Those Kingdoms and Principalities which are of the Dominion of the Crowne of England are subject to such Laws Ordinances and Methods of Government as that Crowne shall think sit to establish The next thing then to be proved is That new-New-England and all the English Colonies are subject to the Dominion of the Crowne of England as Wales and Ireland are and not to the Empire of the King of England as Scotland is 'T is a Fundamentall Point consented unto by all Christian Nations that the First Discovery of a Countrey inhabited by Insidells gives a Right and Dominion of that Countrey to the Prince in whose Service and Employment the Discoverers were sent Thus the Spaniard claimes the West-Indies the Portungals Brasile and thus the English these Northern parts of America for Sebastian Cabott imployed by King H. the 7 th was the first Discoverer of these parts and in his name took possession which his Royall Successours have held and continued ever since therefore they are of the Dominion of the Crowne of England and as such they are accounted by that excellent Lawyer Sr. John Vaughan in his Reports Vaugh. Rep. Craw versus Ramsey which being granted the Conclusion must necessarily be good and it will follow That Englishmen permitted to be transported into the Plantations for thither without the Kings Licence we cannot come can pretend to no other Liberties Priviledes or Immunities there than anciently the subejcts of England who removed themselves into Ireland could have done For 't is from the Grace and Favour of the Crowne alone that all these flow and are dispensed at the pleasure of him that sits on the Throne which is plaine in the Great Charter it-selfe where after the Liberties therein granted by the King it concludes thus tenendas habendas de Nobis Haeredibus Nostris in perpetuum To HAVE and to HOLD of Us and Our Heires for ever which by the learned Sr. Edward Cooke is thus explained These Words saith he are not inserted to make a legall Tenure of the King but to intimate that all Liberties at first were derived from the Crowne Instit Pag. 2. Fol. 4. Barbadoes Jamaica the Leeward-Islands Virginia have their Assemblies but it is not sui Juris 't is from the Grace Favour of the Crowne signified by Letters Patents under the broad Seale But these Assemblies have not power to enforce any Act by them made above one year the King haveing in all the Consessions granted them reserved unto Himselfe the Annulling or Continuance of what Laws they make according to His pleasure New-England had a Charter but no one will be so stupid to imagine that the King was bound to grant it us Neither can we without impeaching the prudent Conduct and discretion of our Fore-Fathers so much as think they would put themselves to so vast an expence and unnecessary Trouble to Obtain that which as Englishmen they thought themselves to have a sufficient right to before We owe it onely to the Grace and Favour of our Soveraigne and if we had made beter use of it to promote the Ends for which it was granted the weight of those Afflictions under which we now groan would not have laine so heavy upon us at least we should have less deserved them Besides The Parliament of England have never by any Act of theirs favoured the Plantations or declared or enlarged their Priviledges but have all along plainly demonstrated that they were much differenced from England and not to have those Priviledges and Liberties which England enjoyed being in all Acts relateing to the Plantations Restrained and burthened beyond any in England as appears by the several Acts made for the Encreasing of Navigation and for Regulating and securing the Plantation Trade I think I have both by good Authority Practice Precedent made it plaine that the Plantations are of the Dominion of the Crown of England and without any Regard to Magna Charta may be Ruled and Governed by such wayes and methods as the Person who wears that Crowne for the good and advancement of those Settlements shall think most proper and convenient Therefore Neither the Commission to the President nor that to Sr. Edmond Aâ—dros can be said to be illegall Since then such an one might lawfully be granted we have greaâ— reason to commend the Moderation of the Gentleman who was entrusted with it and so returne thanks to Almighty God for placeing over us a person endued with that prudence Integrity that he was so for from exceeding his Commission that he never put in execution the powers therein granted him Have there been any Taxes laid upon us but such as were settled by Laws of our owne makeing any part whereof might be retained in force after the Condemnation of our Charter that the King thought â—it Who hath been Transferr'd out of this Territory Or did we ever pay fewer Rates than we have done under him And whereas it is also Alledged in the Declaration that there were Courses taken to damp and spoile the Trade c. the same is altogether Mistaken unlesse by that is meant the irregular Trade used heretofore with Forreigners and Privateers contrary to the Acts of Navigation the Laws of the Land For the very considerable Advance of His Majesties Revenue ariseing by Customs doth sufficiently demonstrate that the lawfull Trade of this Territory was very much encreased under the Government of Sr. Edmond Andros 4. 'T will be but time lost to say any thing of the Red-Coats for no man can be so void of Sence and Reason to think that so many Thousand men which at this day inhabit this Colony could be imposed upon by one hundred Red-Goats and if any body hath been so vain as to threaten us with more I look upon it an effect of Passion or Folly for Experience which certainly is the most convinceing Argument in the world tells us there is no such thing and Haters of the People I must confesse I cannot easily comprehend unless to inhabit fourteen or fifteen years within the Territory will make a man such Is their any one Gentleman of the Councill that hath either been displaced or put into that station by the Authority here Which of our Judges are strangers Were not Three of them brought up amongst us and of our owne Communion and was not the other in the same Imployment in some part of this Territority at the time of the Annexation From whome had the Secretary and Collector his Commission certainly from no body here Did the Alteration of the Government change our Treasurer Is it not the same Sr. Edmond found here Is he not a man of
THE PRESENT STATE of NEVV-ENGLAND Impartially Considered In a LETTER to the CLERGY Reverend Sirs TWo Moneths have already past away since with Astonishment I have beheld the most deplorable Condition of our Countrey Into what a Chaos of Confusion and Distraction have we run our selves And in what a Labrinth of Miseries and Perplexityes are we involved 'T is High Time now to make some serious Reflections on the state of our Affairs In the First place therefore 'T will be Necessary to Examine our selves and to Consider 1. For what Reasons and to what End did we take up Arms 2. Whether those Reasons be Substantial and such as carry with them Weight enough to justifie the Act And whether the proposed End can be obtained by such Methods 3. If not What will be the Event and whether any way be left open to us for a peaceable and friendly Settlement Although there be some not of the meanest Capacities among us who are of Opinion that a few persons to gratisie their Malice Ambition or Revenge have been the plotters contrivers of our unhappy Troubles and the better to carry it on have made use of the deluded Countrey men as the Monkey did the Cat 's foot to pluck the Chesnut out of the fire Yet I shall not lightly be over credulous in that matter nor give Entertainment to such Suggestions I shall onely therefore instance such things as Conversation Report have brought to my Knowledge or as I shall find obvious in the Declaration the summe of which is That above ten years since there was an horrid Popish Plot in the Kingdome of England in which the Extirpation of the Protestant Religion was designed That there was great Reason to Apprehend the Reformed Churches of new-New-England were to be overwhelmed in the same pit of Ruine and Destruction That the better to effect it our Charter the onely hedge which kept us from the Wild Beasts of the field was both injuriously and illegally Condemned before it was possible for us to appear at Westminster in the legall Defence of it and without a faire Leave to Answer for our selves That by an illegall Commission we were put under a President and Councill which was soon superseded by another more Arbitrary and Absolute to Sr. Edmond Andros giving him Power by the Advice of his Councill to make Lawes and levy Taxes as he pleased to muster and imploy all persons resident in the Territory as Occasion should require and them to transfer to any English plantation That severall Red-Coats were brought over to support what should be imposed upon us and more threatned That Preferments were principally loaden on Strangers and Haters of the people That we were Squeez'd and Oppress'd by a Crew of abject persons from New-York who took and extorted extraordinary and intolerable Fees. That it was impossible to know the Lawes that were made and yet dangerous to break them That by some in open Councill and by the same in private Converse it was affirmed that the People in New-England were all Slaves and the onely Difference between them and Slaves was their not being bought and sould and that it was a Maxim delivered in Open Court by one of the Councill That we must not think the Priviledge of English men would follow us to the End of the World. That we were denied the priviledge of Magna Charta and that Persons who did but peaceably object against raising Taxes without an Assembly were for it severely fined That Juries have been picked and pack'd and that some people have been fined without a Verdict yea without a Jury That some People have been kept long in Prison without any Information against them or being Charged with any Misdemeanour or Habeas Corpus allowed That Jury-men were fined and imprisoned for Refusing to lay their hand on the Booke as they came to be Sworn contrary to the Common Law of New-England That there was a Discovery made of Flaws in the Titles of our Lands and that the Governour denied that there was any such thing as a Towne among us That Writts of Intrusion were issued out That the Governour caused our Lands to be measur'd out for his Creatures and that the Right Owners for Pulling up the stakes have been grievously molested That more than a few were by Terrours drawne to take Patents at excessive Rates That the Forceing of the people at the East-ward thereto gave a Rise to the late unhappy Invasion by the Indians That Blanke Patents were got ready to be sold at great prices and severall persons had their Commons begg'd That the Governour and five or six of the Councill did what they would and that all such who were Lovers of their Countrey were seldome admitted That all manner of Craft and Rage was used to hinder Mr. Mather's Voyage to England and to ruine his person That allthough the King promised Mr. Mather a Magna Charta for Redresse of Grievances and that the Governour should be writ unto to forbeare those Measures that he was upon yet we were still injured in those very things which were Complained of That our Ministers and Churches have been discountenanced That we were imbriared in an Indian-Warre and that the Officers and Souldiers in the Army were under popish Commanders That the rest of the English plantations being alarm'd with just Fears of the French who have treated the English with more than Turkish Cruelty could not but stirr us up to take care for our owne Preservation lest we should be delivered to the French before Orders could come from His Higness the Prince of Orange and the Parliament of England That we have for our Example the Nobility Gentry and Commons of England and above all we esteeme it our Duty to God so to have done Thus far have I traced the Declaration and do not know that any one thing materiall is omitted I shall now mention some other things which have occurr'd 'T was credibly reported That Boston and all the Inhabitants were to be destroyed and to that end the Mahawks were to be brought down That there were severall Fire-workes prepared in the Fort and Vaults dugg under ground to blow up the Towne That the Souldiers at the East-ward were all poisoned with Rumm That there were Thirty sail of French Frigots upon the Coast With severall other things which I cannot recollect These are the principall Reasons alledged for our takeing up Arms now the End can be no other than the Redresse of those evills complained of The next thing then to be considered of is Whether all or any of the Reasons aforesaid are sufficient to justifie our Proceedings and Whether the proposed End can be attained by such Measures First then That there was an horrid popish Plott is without doubt and if England at that time had fallen under the Yoak of Roman Tyranny and Thraldome t is as certainly true New-England must have undergone the same Fate but that this should be used or introduced as
estate good Credit and Reputation and one of our owne Countrey men Were not all Officers in the Government as well Magisteriall as Ministeriall naturall borne English-men Subjects to the Crowne of England How then are Strangers Haters of the people preferr'd when there is not one that can reasonably and justly be so term'd in any place of Trust or Office throughout the Dominion 6. Who are mean't by abject persons from New-Yorke wants an Explanation for none of the Gentlemen that came from thence now in any Authority but are well knowne to have liv'd there for a long time in esteem and Reputation enough to merit a better Epethite of all good and honest men and I believe it will one day appear that their faithfull Discharge of their Dutyes their Constancy and Steadiness to the Church of England and unshaken Loyalty Fidelity to the Crowne was their greatest Crime I am not well acquainted what Fees were taken but this I knowe that a Committee of the Councill were appointed to make a Settlement of Fees for all Officers throughout the Government which was effected approved of and sent to England and if any one have exceeded those Limits they deserve to be called to Account but it ought to be in a due Course of Law. For the personal Miscarriages of a ministeriall Officer are no sufficient Warrant for an Insurrection neither ought the Whole Government to be subverted because Tom or Harry are ill men The Authority can but provide good and wholsome Lawes for the Punishment of evill Doers and cause those Lawes to be put in Execution against Offenders but if any one doth me a personall Wrong for which I have a Remedy by Law and I will not take it I ought not to quarrell with the Government for t is my own Fault and I might have Redresse if I would Personall Orimes must be censured personally and a Government ought no more to be scandalized and aspersed because an Extortioner is in it than because there is a Felon or a Traitor 7. I need not tell you that the Statute Lawes of England are printed at large and that many Abridgements of them are so Likewise and easie enough to be procured neither can it be but very well knowne that all the Acts of the Governour and Councill were solemnly publish'd with Sound of Trumpet as soon as made and authentic Copies afterwards transmitted to the Clerks of each respective county throughout the Territory why then it should be said that It was impossible to know the Laws I see no reason unless by it is meant the Common Law and if so we may as well quarrell because we do not understand Euclide or Aristotle For the Knowledge of the Law cannot be attained without great Industry Study and Experience and every capacity is not fitted for such an Undertaking Ex quovis Ligno non fit Mercurius If this was a Grievance what a miserable Condition are we in now that instead of not knowing the Law there is no Law for us to know 8. What rash or indiscreet Expressions may fall from any single person of the Councill either in his private or politick Capacity I will not undertake to justifie all men are not endued with Qualifications alike every one in that station ought to give his Opinion as he himselfe understands the matter and if any one have unadvisedly uttered words so disagreeable I know no body injured by it neither can the Government be justly censured for it 9. That the Priviledges of Magna Charta other liberties of English men were denied us is a thing which can never be made appear however admitting it I have sufficiently discussed that point in the third Article 10. By the persons said to be severely sined for peaceble objecting against raising of Taxes without an Assembly I conjecture are meant the Ipswich men who were so far from a peaceable objecting that they assembled themselves in a riotous manner and by an Instrument conceived in Writing did associate and oblige themselves to stand by each other in opposition to the Laws of the Government and by their Example influenced their Neighbours to do the like And this by the Law is esteem'd an offence of that Nature That it is next door to Rebellion for which they were Indicted Tryed and Convicted either by Verdict or their owne Confession 11. I cannot justifie that Sheriffe who doth either pick or pack a Jury t is both repugnant to the Law and his Oath and he deserves no Favour that can be guilty of such a Crime but let him first be known the thing proved for I do not Remember any one that hath been Convicted nor so much as accused for such an Offence 12. Judgement upon Deumrrers and Defaults are so practicable and warrantable by the Law that nothing can excuse the Enumerating them amongst the Grieviances in the Declaration but the Penman's want of Knowledge in that Profession T is a Maxim Volenti non fit Injuria and when both Plaintiffe and Defendant do by a joint Consent submit to the Determination of the Court or by their owne Negligence make Default who hath the Wrong Where is the injury This hath been a Practice so frequently used in our former Government that no body can be ignorant of it 13 That any one hath been long imprisoned without being charged with Crime or Misdemeanour is an Allegation which I dare be bold to say can never be proved I have heard an Habeas Corpus was in one particular case denied I will not enquire into the reasons of it nor pretend to justifie it although much may be said in that matter Admitting the Fact 't was but a personall injury for which the Law gave an effectuall Remedy and if the party grieved would not make use of such must the Government be in fault If we do but consider well how many persons are now under farr worse Circumstances I am sure we cannot but blush when we read that part of the Declaration 14. That Jury men were fined and imprisoned for Refuseing to lay their hands on the Book I presume is a mistake probably they may have been fined for their Contempt and sent to Prison for not paying that fine which by the Law may be justified for every Court may fine any man for a Contempt in open Court and they themselves are Judges of the Contempt Whether it be a forceing of Conscience or not I shall leave to the Casuists but I am very well-satisfied it is not comprehended within the late Indulgence Yet admit it were the Judges are sworn to do their duties in their office according to the Lawes of the Land Prescription is a good sufficient Law the form of Laying the hand on the Booke hath been the onely modus of Swearing Time out of mind Therefore the Laying the hand on the Booke in Swearing is a good Law and the Judges cannot dispense with it salvo Sacramento if they did a Judgement in
Them and that all things now are become justly due to the merits of our services 't will do very well if it be so understood but I cannot see the least probability of such a Construction for we have sufficiently manifested in our Declaration that Self-interest was the first and principal motive to our Undertaking and our Progress doth plainly demonstrate that we have only made use of Their Names the better to effect our own Designs whilest every thing that hath any Relation to Them lies neglected unregarded without any recognition of Their Authority over these Dominions or the least Acknowledgment of our Submission to such orders as should come from Them saving what particularly related to some few ill men as we call them whom we have imprisoned detained without any Law or Reason so that we have rashly imprudently adventur'd our All upon a chance not an equal one whether it will be well or ill taken if well we can expect nothing more than what we should have had by sitting still quiet unless it be a vast Charge Trouble Expence which we have inevitably brought upon our selves if ill what will be the Event In the first place our Countrey which hath been so remarkable for the true Profession and pure Exercise of the Protestant Religion will be termed a Land full of Hypocrisie REBELLION Irreligion and what not and we our selves a degenerate wicked people that have fallen from the practises of our Fore-fathers and the purity of our first principles 2. In all our Pamphlets and Discourses we have so magnified our Action and boasted of the vast numbers we can bring into the Field that it must be of great import to the Crown of England to curb us in time to reduce us to our former obedience no body will imagine it consistent with the interest of that Crown any more to trust Government in the hands of a people so ready so able upon all occasions to set up for themselves and the stronger we are the more need there will be to keep us under 3. And lastly We shall realy endure and undergo all those Miseries Calamities which we sancied to our selves under the late Government and become the Scorn and By-word of all our Neighbours What then remains but that whilst it is yet called today wâ— should endeavour to settle our selves in such a Posture as may at least mitigate if not wholly prevent the before-mentioned inconveniences If our Charter be restored such a Condition cannot burt us but the 〈◊〉 of it may for we are accountable for every Action every false Step we make after the date of it render our selves lyable to be Questioned Quo-Warrantâ—'d for our Male feazance whensoever the Supream Authority shall think it meet if not it must be of great service to us to be found in a submissive and humbâ—e posture sit ready to receive Their Majesties Commands lest while we 〈◊〉 our selves too much upon our own merits we become unwor◠〈…〉 Favour in a most gracious pardon without which 〈…〉 we will we never can be safe secure from the severity of 〈…〉 which we have indisputably violated in matters of the highest 〈…〉 consequence imaginable 〈…〉 good man will seriously impartially consider the foregoing 〈◊〉 and suffer himself to be guided by the Dictates of Reason and not of Humour or Prejudice and then I am well assured it will be evident enough that we have mistaken our Measures and that a timely recess willsnoâ—e Adâ—antage us than an obstinate and wilful perseverance that nothing but such a Remedy can restore our almost perishing undâ—ne Câ—unâ—rey to a lasting Peace and happy Settlement Which that GOD of His mercy would grant us shall ever be the hearty prayers of F. L. POSTCRIPT I Was principally induced to direct the precedent Discourse to you Gentlemen because I would rightly be understood which I 'm sure I can never fail of by persons of your Learning and Worth and I hope you will be so kind to me so just to your Countrey to let me know in the most publick manner you can wherein I have mistaken the matter either in point of Fact or Judgment but if I have been so fortunate to Convince you that wrong measures have been taken and that the people had no reason for what they have done nor no bottâ—â— for what they are yet doing let me tell 〈…〉 your 〈◊〉 not only to admonish them 〈…〉 to such a temper as becomes 〈◊〉 men good Christians for which you will have the praise and God the Glory FINIS Errata PAge 6. line 1. dele may p. 10. l. 2 〈◊〉 Porâ—â—gals p. 12. the first line of the fifth Article is wholly omitted which read thus 5 thly Whâ—t is meant by Iâ—ferments and who are called strangers p. 14. l. ult dele the. p. 25. l 6. r. Summum p. Ibid. l. 37. r. ariseth p. 27. l. 27. r. Protection p. 28 line 13 for menttor r. mentior p 30. l. 30. r. Regnum p. 32. l. 25. r. endangered l. 31. r. even in this age l. 32. r. too l. 37 r. Genus p. 30. l. 37. r. Treasure p. 38. l. 11. dele a. l. 37. r. as notable