Secondly This Expedient was not absolutely Necessary for the Administration of Justice might have proceeded Regularly without any such Deputation by Virtue of those Commissions which the Popish Judges and Justices of the Peace had already from the King. This I shall prove § 22. 1. From a parallel Instance King Charles the I. took a Journy into Scotland in 41. during the Session of Parliament at Westminster where though he appointed Five Lords to sign Bills in his Name The Continuation of Bak. Chron. yet the Judges and Justices Acted by vertue of their former Commissions without any new Authority from any Representatives of His Majesty Now Scotland is as much a distinct Kingdom from England as France and France as much His Majesties Dominions as Scotland And therefore if Commissions will hold in the King's Absence in one Place why not in the other § 23. Secondly The present Judges met in January last at Westminster to dispatch some Business in order to keep the Term but were forbidden to proceed by the Prince of Orange's Secretary So that it is plain it was the Opinion of these Reverend Judges that their Commissions from His Majesty were still in Force But in the next place § 24. If His Majesty had deputed any Persons to Represent him in Parliament this Method would have been attended with new and insuperable Difficulties For § 25. 1. If they had been Limited they would not have given Satisfaction For it being impossible to foresee the Business and Votes of a Parliament at a distance If they had been restrained to certain Points in all probability they would have wanted Power to have passed all the Bills and and so their Deputation would not have Answered the Desire of the Houses and the greatest part of their Grievances might have been counted unredressed If it 's said that the Parliament might have requested an Enlargement of their Commission from His Majesty To this I Answer That the Convention may send to His Majesty for an Expedient now if they please And I hope they will for I hear his Majesty has been so gracious as to send to them But 2. If these Commissioners were unlimited it would be in their Power to do a great many things prejudicial to the Crown In such a Case they might alter the Monarchy into a Commonwealth or Sign the Deposing of his Majesty if such Bills should happen to be offered And though there may be many Persons of Honour and Conscience enough to lodge such a Trust with Yet in regard his Majesty has been lately mistaken in some of whose Fidelity he had so great and Assurance he has small encouragement to be over confideing for the Future Indeed no Wise Prince will Trust so vast a Concern as a Kingdom with the Honesty of another especially when many of his Subjects are disaffected and in a Ferment So that nothing can be more unreasonable than to expect such Plenipotentiary and Absolute Commissioners § 26. 3. I shall prove in the last place That we have no Grounds either from the Laws of the Realm or from those of Nature to pronounce the Throne void upon such a Retreat of a Prince as we have before us 1. To begin with the Laws of the Realm which are either Acts of Parliament or those we call Common Laws Now there is no Statute so much as pretended to support this Deserting Doctrine and if there was it 's certain no such can be produced Indeed a Prince must be very weary of Governing and void of the common Inclinations of Mankind who would sign a Bill of this Nature and give his Subjects such a dangerous Advantage against himself and his Posterity Neither has this Opinion any better Countenance from Common Law For Common Law is nothing but Antient Usage and Immemorial Custom Now Custom supposes Precedents and Parallel Cases But it 's granted of all Hands That the Crown of England was never judged to be Demifed by the withdrawing of the Prince before now And therefore it follows by undeniable Consequence that this Opinion can have no Foundation in the Common Law because there is not so much as one Ruled Case to prove it by Nay our Laws are not only silent in the maintenance of this Paradox but against it as I shall make good by Two Precedents § 27. 1. From the Case of Edward the IV. who having not sufficient Force to Encounter the Earl of Warick who had raised an Army for King Henry was obliged to fly the Kingdom but that he deputed any Persons to Represent him our Histories don't give us the least Intimation Neither was it Objected at his return that he had Abdicated the Government by omitting to Constitute a Regent Neither is it material to Object that all Disputes of this Nature were over-ruled by his Victorous Army For if it had been the known Law of this Realm that a Prince had ipso facto forfeited his Crown by going beyond Sea without leaving a Deputation though his Departure should happen to be Involuntary If this I say had been the Law of the Kingdom it would not only have been a great advantage to Henry the VI. and made the Nation ring of it of which there is altum Silentium but we may be well assured King Edward would not have conferr'd Honour worn the Crown and taken the State and Authority of the King upon him till he had been Re-Established by Parliaments But that he did Exercise all Acts of Soveraignty before the calling of a Parliament appears from Daniel Stow and Baker And when the Parliament was Convened those who had taken up Arms against him were found Guilty of Treason and his Adherents were restored to Blood and Estate Daniel But there was no Confirmation or Resisting or his Title which is a Demonstration there was no need of it and that this Abdicating Doctrine was perfectly unknown to that Age. § 28. 2. To come nearer our own Times what Seals or Commissioners did Charles the II. leave behind him after Worcester Fight And yet I beleive no Mortal ever urged this as an Argument against his Restauration If it be Answered that there was much more danger in this case than in that before us To this I reply that if we Examine the matter more narrowly we shall find the disparity very inconsiderable For was there not a numerous Army of Foreigners and Subjects in the Field against his present Majesty at his retiring What Power or Authority or so much as Liberty was there left him And I am afraid that at that time he had fewer Friends to stand by him than his Brother after that unfortunate Battle in 51. § 29. And since this pretended Dereliction has no manner of Protection from the Constitution it has no other refuge but the Laws of Nature to fly to but a very little Storming will serve to drive it from this last Retrenchment § 30. For the Law of Nature is nothing but the Reason of the
the Parliament was broke the Closetting went on and a new one was to be chosen who was to get by closetting I need not say but it was certainly not I nor any of my Friends many of them suffered who I would fain have saved and yet I must confess with grief that when the King was resolv'd and there was no remedy I did not quit as I ought to have done but served on in order to the calling another Parliament In the midst of all the preparations for it and whilst the Corporations were regulating the King thought sit to order his Declarations to be read in all Churches of which I most solemnly protest I never heard one word till the King directed it in Council that drew on the Petition of my Lord the Archbishop of Canterbury and the other Lords the Bishops and their Prosecution which I was so openly against that by arguing continually to shew the Injustice and the Imprudence of it I brought the Fury of the Roman Catholicks upon me to such a degree and so unanimously that I was just sinking and I wish I had then sunk but whatever I did foolishly to preserve my self I continued still to be the Object of their hatred and I resolv'd to serve the publick as well as I could which I am sure most of the considerable Protestants then at Court can testifie and so can one very eminent man of the Country whom I would have perswaded to come into business which he might have done to have helped me to resist the violence of those in power but he despaired of being able to do any good and therefore would not engage Sometime after came the first News of the Prince's designs which were not then look'd on as they have proved no body foreseeing the Miracles he has done by his wonderful Prudence Conduct and Courage for the greatest thing which has been undertaken these thousand years or perhaps ever could not be effected without Vertues hardly to be imagined till seen nearer hand Upon the first thought of his coming I laid hold of the opportunity to press the King to do several things which I would have had done sooner the chief of which were to restore Magdalen Colledge and all other Ecclesiastical Preferments which had been diverted from what they were intended for to take off my Lord Bishop of London's Suspension to put the Counties into the same hands they were in some time before to annual the Ecclesiastical Court and to restore entirely all the Corporations of England These things weredone effectually by the help of some about the King and it was then thought I had destroyed my self by enraging again the whole Roman Catholick Party to such a height as had not been seen they dispersed Libels of me every day told the King that I betrayed him that I ruined him by perswading him to make such shameful Condescentions but most of all by hindring the securing the chief of the disaffected Nobility and Gentry which was proposed as a certain way to break all the Prince's Measures and by advising his Majesty to call a Free-Parliament and to depend upon that rather than upon foreign Assistance It is true I did give him those Counsels which were called weak to the last moment he suffered me in his Service then I was accused of holding Correspondence with the Prince and it was every where said amongst them That no better could be expected from a man so related as I was to the Bedford and Leicester Families and so allied to Duke Hamilton and the Marquiss of Halifax After this Accusations of High Treason were brought against me which with some other reasons relating to affairs abroad drew the Kings displeasure upon me so as to turn me out of all without any consideration and yet I thought I escaped well expecting nothing less than the loss of my head as my Lord Middleton can tell and I believe none about the Court thought otherwise nor had it been otherwise if my Disgrace had been deferred a day longer all things being prepared for it I was put out the 27th of October the Roman Catholicks having been two Months working the King up to it without intermission besides the several Attacks they had made upon the before and the unusual assistance they obtained to do what they thought so necessary for the carrying on their Affairs of which they never had greater hope than at chat time As may be remembred by any who were then at London But you desired I would say something to you of Ireland which I will do in very few words but exactly true My Lord Tyroonnell has been so absolute there that I never had the credit to make an Ensign or keep one in nor to preserve some of my Friende 〈◊〉 〈◊〉 〈◊〉 was much concerned from the lust Oppression and 〈◊〉 tho' I endeavoured it to the utmost or my power but yet with care and diligence being upon the place and he absent I diverted the calling a Parliament there which was designed to alter the Acts of Settlement Chief Justice Nugent and Baron Rice were sent over with a draught of an Act for that purpose furnished with all the pressing Arguments could be thought on to perswade the King and I was offered forty thousand pounds for my Concurrence which I told to the King and shewed him at the same time the Injustice of what was proposed to him and the prejudice it would be to that Country with so good success that he resolved not to think of it that year and perhaps never This I was helped in by some Friends particularly any Lord Godolphin who knows it to be true and so do the Judges before named and several others I cannot omit saying something of France there having been so much talk of a League between the two Kings I do protest I never knew of any and if there were such a thing it was carried on by other sort of men last Summer Indeed French Ships were offered to join with our Fleet and they were refused since the noise of the Prince's design more Ships were offered and it was agreed how they should be commanded if ever desired I opposed to death the accepting of them as well as any assistance of men and can say most truly that I was the principal means of hindring both by the help of some Lords with whom I consulted every day and they with me to prevent what we thought would be of great prejudice if not ruinous to the Nation If the Report is true of Men Ships and Money intended lately for England out of France it was agreed upon since I was out of business or without my knowledge if it had been otherwise I believe no body drinks my Disgrace would have hapned My greatest Misfortune has been to be thought the Promoter of those things I opposed and detested whilst some I could name have been the Inventors and Contrivers of what they have had the Art to lay upon
the Prince of Orange 's Declaration For the Expectations of most Men are That some extraordinary Secrets some hidden Works of Darkness should be reveal'd and brought to light as generally those who yet never saw the Prince's Declaration do still believe But there not being one word of any such Treaty we cannot see why it is that the Prince comes over and if others impartially peruse the Declaration we doubt not but 't will convince them that they give no Reason powerful enough to justifie so Bloody an Enterprise as this in the issue must needs be We will therefore give you a true Copy of the Prince's Declaration word for word as it runs in the West The Declaration of his Highness WILLIAM HENRY by the Grace of God PRINCE of ORANGE c. of the Reasons inducing him to appear in Arms in the Kingdom of England for preserving of the Protestant Religion and for restoring the Laws and Liberties of England Scotland and Ireland 1. IT is both certain and evident to all men that the publick Peace and Happiness of any State or Kingdom cannot be preserved where the Laws Liberties and Customs established by the lawful Authority in it are openly transgressed and annulled More especially where the Alteration of Religion is endeavoured and that a Religion which is contrary to Law is endeavoured to be introduced Upon which those who are most immediately concerned in it are indispensably bound to endeavour to preserve and maintain the established Laws Liberties and Customs and above all the Religion and Worship of God that is established among them and to take such an effectual care that the Inhabitants of the said State or Kingdom may neither be deprived of their Religion nor of their Civil Rights Which is so much the more necessary because the Greatness and Security both of Kings Royal Families and of all such as are in Authority as well as the Happiness of their Subjects and People depend in a most especial manner upon the exact observation and maintenance of these their Laws Liberties and Customs 2. Upon these grounds it is that we cannot any longer forbear to declare that to our great Regret we see that those Councellors who have now the chief Credit with the King have overturned the Religion Laws and Liberties of those Realms and subjected them in all things relating to their Consciences Liberties and Properties to Arbitrary Government and that not only by secret and indirect ways but in an open and undisguised manner 3. Those evil Councellors for the advancing and colouring this with some plausible Pretexts did invent and set on foot the Kings Dispensing Power by Virtue of which they pretend that according to Law he can suspend and dispence with the Execution of the Laws that have been enacted by the Authority of the King and Parliament for the security and happiness of the Subject and so have rendred those Laws of no effect tho' there is nothing more certain than that as no Laws can be made but by the joint concurrence of King and Parliament so likewise Laws so enacted which secure the publick Peace and safety of the Nation and the Lives and Liberties of every Subject in it cannot be repealed or suspended but by the same Authority 4. For tho the King may pardon the Punishment that a Transgressor has incurred and to which he is condemned as in the Cases of Treason or Felony yet it cannot be with any colour of Reason inferred from thence that the King can entirely suspend the Execution of those Laws relating to Treason or Felony unless it is pretended that he is clothed with a Despotick and Arbitrary Power and that the Lives Liberties Honours and Estates of the Subjects depend wholly on his good Will and Pleasure and are entirely subject to him which must infallibly follow on the King 's having a Power to suspend the Execution of the Laws and to dispense with them 5. Those Evil Counsellors in order to the giving some Credit to this strange and execrable Maxim have so conducted the Matter that they have obtained a Sentence from the Judges declaring that this Dispensing Power is a Right belonging to the Crown as if it were in the power of the Twelve Judges to offer up the Laws Rights and Liberties of the whole Nation to the King to be disposed of by him Arbitrarily and at his Pleasure and expresly contrary to Laws enacted for the Security of the Subjects In order to the obtaining this Judgment those Evil Counsellors did before hand examine secretly the Opinion of the Judges and procured such of them as could not in Conscience concur in so pernicious a Sentence to be turned out and others to be substituted in their rooms till by the Changes which were made in the Courts of Judicature they at last obtained that Judgment And they have raised some to those Trusts who make open Profession of the Popish Religion tho those are by Law rendred incapable of all such Employments 6. It is also manifest and notorious That as his Majesty was upon his coming to the Crown received and acknowledged by all the Subjects of England Scotland and Ireland as their King without the least Opposition tho he made then open Profession of the Popish Religion so he did then promise and solemnly swear at his Coronation That he would maintain his Subjects in the free Enjoyment of their Laws and Liberties and in particular that he would maintain the Church of England as it was established by Law It is likewise certain that there have been at divers and sundry times several Laws enacted for the Preservation of those Rights and Liberties and of the Protestant Religion and among other Securities it has been enacted That all Persons whatsoever that are advanced to any Ecclesiastical Dignity or to bear Office in either University as likewise all other that should be put in any Imployment Civil or Military should declare that they were not Papists but were of the Protestant Religion and that by their taking of the Oaths of Allegiance and Supremacy and the Test yet these Evil Councellors have in effect annulled and abolished all those Laws both with relation to Ecclesiastical and Civil Employments 7. In order to Ecclesiastical Dignities and Offices they have not only without any colour of Law but against most express Laws to the contrary set up a Commission of a certain number of Persons to whom they have committed the Cognisance and Direction of all Ecclesiastical matters in the which Commission there has been and still is one of his Majesties Ministers of State who makes now publick profession of the Popish Religion and who at the time of his first professing it declared that for a great while before he had believed that to be the only true Religion By all this the deplorable State to which the Protestant Religion is reduced is apparent since the Affairs of the Church of England are now put into the hands of persons who have accepted
Grievances which the Majority of the three Estates should have judged necessary to be redress'd would have signified as little so that whatever the difficulties or distrusts of the King were at that time he saw he must yield the point after he had strugled as long as was possible and now when he had now passed his Word it was too late to revoke it and therefore there was that necessity added to the other of holding one Now Sr. if we had yielded this point there had been an End of the English Liberties for ever If he had yielded it what inconvenience could have followed which did not certainly attend his Desertion of us but if he had stayed he might in all probability have saved his main Stake and have regained the Affections of his people again and so have ended his Days in Honour and Peace in his own Palace and amongst his good Subjects At least there was so great a probability of all this that no man but he would have taken the other way Nor he neither if he had suffered this Question to have been debated in his Privy Council and had heard what all sides could have said for it Sect. 21. He tells us this expedient the appointing of a representative was not absolutely necessary for the Administration of Justice might have proceeded regularly without any such Deputation by virtue of those Commissions which the Judges and Justices of the Peace had already from the King. So that here was no need of Seals or Commissioners tho the Nation was imbroiled to that heigth that no body durst have undertaken this dangerous Charge as he tells us the Section before and the King was gone Thus men loose themselves when they meddle with what they do not understand The Tumults which arose that very day in London and spread themselves with the news of the Kings withdrawing all over the Nation do sufficiently confute this airy Notion And at this time both the Judges and Justices of the Peace were at almost as Low an Ebb of Authority and Credit with the People as their Master by reason of the many unqualified men which had been imployed and the things they had done contrary to Law he could not but know how the late Lord Chancellor Sir Roger Lestrange and many others were treated by the People and yet he tells us the Administration of Justice might have proceeded regularly yes we might have lived without any King Magistrates or Execution of Justice at all if all men would have been quiet and minded their own business Section 22 We have a whimsey of a Journey of Charles the first into Scotland and that five Lords were appointed by him to sign bills in his Name but the Judges and Justices acted by virtue of their former Commissions without any new Authority from these Representatives of his Majesty Now to what end is all this why to prove that Commissions will hold tho the King is absent Who ever doubted this for without this had been allowed he could have had no representative But I thought he would have given us an instance of a King that had Stole out of his Kingdom and had left no body to have supplied his place which Charles I. did and yet after he was gone no body knew whether to return no body knew when his people had been Governed by his Judges and Justices of the Peace and then this should have been an Example for England Henry the 3d. of France was first King of Poland and hearing of his brothers Death stole away without Leaving any Deputy But then the Kingdom of Poland call'd a Dyet and Judged it an Abdication and proceeded to the Election of a New King as if he had been Dead The Instances of this nature must be very rare but who ever heard of a Prince that withdrew himself from his people or was forced away and yet no body was put in his place Certainly James the 2d foresaw what would follow and in some sort consented to it rather than to the setting of a Parliament § 26. He undertakes to prove in the last place that we have no Grounds either from the Laws of the Realm or from those of Nature to pronounce the Throne void upon such a retreat of a Prince as we have before us This is bold and very peremptory considering there had then a Vote passed for it in the Lower house of the Convention And that this Gentleman is a Clergy-man and knows very little of the Laws of England There is said he no Statute so much as pretended to support this Deserting Doctrine he might have better called it this right of providing for our selves when we had no body to take care off us There is no Statute to enable us to meet and chose a new King if the whole Royal Line should happen to be extinct yet this may very probably happen at one time or another What shall we therefore continue in a State of Anarchy for ever Neither has it any foundation in common Law For common Law is nothing but Ancient usage and Immemorial Custom Now Custom Supposeth Precedents and Parallel Cases But it is granted on all hands that the Crown of England was never judged to be demised by the withdrawing of the Prince before Such a withdrawing as this I believe never happened in England before nor ever will again and it is Stupendioutly wonderful that it happened now There was nothing asked of the King but what he ought to have granted freely viz the calling of a Free and Lawful Parliament which he said he was resolved to have had tho the Prince had not entered England and so soon as he was retired he would hold such a Parliament then he came further and promised to hold a Parliament the 15th of January and sent thee Noble-men to the Prince to adjust the Preliminaries who had as good an Answer as they could expect but before it was possible the late King should know what it would be whilest all men rested secure under the Expectation of that meeting The King for Reasons wholly unknown to us burns the Writs sends away the Seals withdraws himself and disbands his Army Now if he can find a case Parallel to this in the History of the whole world Erit mihi Magnus Apollo Nay saith he our Laws are not only silent in the maintenance of this Paradox but against it as I shall make good by two Instances The first of these is that of Edward the Fourth who was forced to fly without leaving any representative yet returned and regained the Crown King Edward was surprized under pretence of a Treaty and sent Prisoner to Warwick Castle and made his escape out of Custody after this Henry the Sixth was again Crowned and Edward the Fourth declared a Traytor in Parliament and an Usurper of the Crown and all his Estate confiscated and the like Judgment passed against all his Adherents and all the Statutes made by him were revoked
And for the better effecting Our said Intention We have by Order made by Us in Council and under Our Sign Manual and We do also by this Our Proclamation made with the Advice of Our said Council discharge remove and dismiss all and every Person and Persons of and from all Offices and Places of Mayors Bailiffs Sheriffs Aldermen Common-council-men Assistants Recorder Town-clerk and all and every Office and Place which they or any of them have or claim only by Charter Patent or Grant from Our dear Brother or from Our Self since the Dates of the respective Deeds of Surrender or Rules of Judgment except such Corporations whose Deeds of Surrender are Inrolled or against whom Judgment is entred and that all and every such Person and Persons deliver up into the Hands of the said Persons hereby appointed and intended to act and execute the said Offices and Places all and every the Charters Records Books Evidences and Matters concerning the said Corporations And We do hereby further publish and declare That We have caused all and every the said Deeds of Surrender which can be found to be delivered and put into the Hands of Our Attorney-General to be by him cancell'd and returned to the Corporations and Bodies Politick of the respective Cities and Towns whom they concern and have also given to Our said Attorney Authority and do hereby Warrant and Command him not only not to proceed or enter Judgment upon the said Quo Warranto's or Informations in nature of a Quo Warranto or any of them but to enter upon the respective Records Noli Prosequi's and Legal Discharges thereof And We do hereby publish and declare Our further Grace and Favour to the said Cities Corporations and Burroughs at any time hereafter by any further Act to grant confirm or restore unto them all their Charters Liberties Franchises and Privileges that at the respective times of such Deeds of Surrender or Rules for Judgment made or given they held or enjoyed And in order to the perfecting Our said Gracious Intentions We do hereby likewise publish and declare Our Royal Will and Pleasure for and concerning the Restoring to such Our Cities Corporations and Burroughs within our said Kingdom and Dominion which have made Deeds of Surrender or have had Judgment given against them which Surrenders and Judgments are entred of Record That Our Chancellor Attorney General and Sollicitor-General without Fees to any Officer or Officers whatsoever upon Application to them made shall and they are hereby required to prepare and pass Charters Instruments Grants and Letters-Patents for the Incorporating Re granting Confirming and Restoring to all and every the said Cities Corporations and Burroughs their respective Charters Liberties Rights Franchises and Privileges and for restoring the respective Mayors Bailiffs Recorders Sheriffs Town-clerks Aldermen Common-council-men Assistants Officers Magistrates Ministers and Free-men as were of such Cities Corporations and Burroughs at the time of such Deeds of Surrender or Judgments respectively given or had and for the putting them into the same State Condition and Plight they were in at the times of such Deeds of Surrender or Judgment made or given And whereas divers Burroughs that were not heretofore Corporations have since the Year 1679. had Charters of Incorporation granted and passed unto them We hereby further express and declare Our Royal Pleasure to determine and annul the said last-mentioned Charters and Corporations And to that end We have in pursuance to the Power reserved in the said Charters by Our Order in Council and under Our Sign Manual removed and discharged and We do also by this Our Proclamation made with the Advice of our said Council remove and discharge all and every Person of or in the said last-mentioned Corporations of and from all Offices and Places of Mayors Bailiffs Recorders Sheriffs Aldermen Common-council-men Assistants and of and from all and every other Office and Place from which We have Power reserved by the said Charters respectively to remove or discharge them And We do hereby promise and declare That We will do and consent to all such Acts Matters and Things as shall be necessary to render these Our Gracious Intentions and Purposes effectual It being Our Gracious Intention to call a Parliament as soon as the General Disturbance of Our Kingdom by the intended Invasion will admit thereof Given at Whitehall It was necessary to transcribe this long Piece to shew what an hurry of Confusion the Nation was then in and how reasonable it was for the Bishops in their Seventh Proposal to desire the Restitution of all these Corporations and Burroughs to their Ancient State without which as things had been carried of late especially it was altogether impossible a Free and Legal Parliament should be holden The 12th of October his Majesty having declared his Resolution to preserve the Church of England in all its Rights and Immunities as an Evidence of it signified his Pleasure to the Right Reverend Father in God the Lord Bishop of Winchester as Visitor of St. Mary Magdalen College in Oxford to settle that Society Regularly and Statutably who accordingly caused the 16th of that Month a Citation to be fixed up on the College Gates to recal Dr. Hough and the former Fellows of that Society by the second of November following And he accordingly went down to reinstate them and was joyfully received by the University but an Account coming that very Post that the Dutch Fleet had suffered very much in a Storm the 16th of the same Month N. S. and that they would hardly be able to sail till the Spring his Lordship was recalled to London and the Restitution put off But soon after that false News being contradicted the Affection to the Church of England revived and the 24th of October he returned and went thorow with the Work. The 20th of October we had the Favour of the following Proclamation bestowed upon us FOrasmuch as the great Preparations made to invade and conquer this Our Kingdom require Our utmost Care in providing for the necessary Safety and Defence thereof wherein we resolve thro' God's Assistance not to be wanting and to the intent that Our Enemies who will bring the heavy and sad Calamities of War may not strengthen themselves at their coming hither by seising the Horses Oxen and Cattel of any of Our Subjects which may be useful and serviceable to them for Burthen and Draught We have therefore thought fit and We do here by this Our Royal Proclamation published by and with the Advice of Our Privy Council strictly charge and command all and every the Lords Lieutenants and Deputy-Lieutenants of Our respective Counties adjoining to the Sea and all Sheriffs Justices of Peace Mayors Bailiffs and all and every other Officers and Ministers Civil and Military within their respective Counties Cities Towns and Divisions That they cause the Coasts to be carefully watched and upon the first approach of the Enemy to cause all Horses Oxen and Cattel which may be
Nation in which we shall make a great distinction of those that shall come seasonably to joyn their Arms with ours and you shall find us to be your well wishing and assured Friend W. H. P. O. This Letter was spread under-hand over the whole Kingdom and read by all sorts of Men and the reason of it being undeniable it had a great force on the Spirits of the Soldiery so that those who did not presently comply with it yet resolved they would never strike one stroke in this Quarrel till they had a Parliament to secure the Religion Laws and Liberties of England which the Court on the other side had resolved should not be granted till the Prince of Orange with his Army was expelled out of the Nation and all those that had submitted to him which were not many then were reduced into their Power to be treated as they thought fit In the mean time the Fleet came about from the Buoy and Ore to Portsmouth under the Command of the Lord Dartmouth where it arrived the Seventeenth of November and on Monday the Ninteenth day of November the King entred Salisbury which was then the Head Quarters of the Army The Sixteenth of November the Lord Delamere having received certain Intelligence of the landing of the Prince of Orange in the West and seeing the Irish throng over in Arms under pretence of Assisting the King but in reality to Enslave us at home as they had already reduced our Country men in Ireland to the lowest degree of Danger and Impusance that they have at any time been in since the Conquest of Ireland in the Reign of Henry Il. he thereupon assembled fifty Horsemen and at the Head of them marched to Manchester and the next day he went to Bodon Downs his Forces being then an hundred and fifty strong declaring his design was to joyn with the Prince of Orange This small Party of Men by degrees drew in all the North and could never be suppress'd Before his Royal Highness the Prince of Orange left Exeter there was an Association drawn up and Signed by all the Lords and Gentlemen that were with him the Date of which I cannot assign WE whose Names are hereunto subscribed who have now joyned with the Prince of Orange for the defence of the Protestant Religion and for the maintaining the Ancient Government and the Laws and Liberties of England Scotland and Ireland do engage to Almighty God to his Highness the Prince of Orange and to one another to stick firm to this Cause and to one another in the defence of it and never to depart from it until our Religion Laws and Liberties are so far secured to us in a Free Parliament that we shall be no more in danger of falling under Popery and Slavery And whereas we are engaged in this common Cause under the Protection of the Prince of Orange by which in case his Person may be exposed to danger and to the cursed attempts of Papists and other bloody Men we do therefore solemnly engage to God and one another That if any such attempt be made upon him we will pursue not only those who make it but all their Adherents and all that we find in Arms against us with the utmost severity of a just Revenge to their Ruine and Destruction And that the execution of any such Attempt which God of his infinite Mercy forbid shall not divert us from prosecuting this Cause which we do now undertake but that it shall engage us to carry it on with all the rigour that so barbarous a Practice shall deserve November the Twentieth there happened a Skirmish at Wincanton between a Detachment of seventy Horse and fifty Dragoons and Grenadiers commanded by one Colonel Sarsfeild and about thirty of the Prince of Orange's Men commanded by one Cambel where notwithstanding the great inequality of the Numbers yet the latter fought with that desperate bravery that it struck a terror into the Minds of the Army who were otherwise sufficiently averse from fighting and besides the Action was every where magnified so much above the real truth that it shew'd clearly how much Men wished the Prosperity of that Prince's Arms. The Twenty second of November the King at Salisbury put out a Proclamation of Pardon which was regarded by no body FOrasmuch as several of our Subjects have been seduced to take up Arms and contrary to the Laws of God and Man to joyn themselves with Foreigners and Strangers in a most unnatural Invasion upon us and this their Native Country many of whom we are persuaded have been wrought upon by false Suggestions and misrepresentations made by our Enemies And we desiring as far as is possible to reduce our said Subjects to Duty and Obedience by Acts of Clemency at least resolving to leave all such as shall persist in so wicked an Enterprize without Excuse do therefore promise grant and declare and by this our Royal Proclamation publish our Free and Absolute Pardon to all our Subjects who have taken up Arms and joyn'd with the Prince of Orange and his Adherents in the present Invasion of this our Kingdom provided they quit and desert our said Enemies and within the space of twenty days from the Date of this our Royal Proclamation render themselves to some one of our Officers Civil or Military and do not again after they have rendred themselves as aforesaid return to our Enemies or be any way aiding or assisting to them And they who refuse or neglect to lay hold of this our Free and Gracious Offer must never expect our Pardon hereafter but will be wholly and justly excluded of and from all hopes thereof And lastly We do also promise and grant our Pardon and Protection to all such Foreigners as do or shall come over to us whom we will either entertain in our Service or otherwise grant them if they shall desire it freedom of passage and liberty to return to the respective Countries from whence they came The same day the Nobility Gentry and Commonalty then assembled at Nottingham made this Declaration WEE the Nobility Gentry and Commonalty of these Northern Counties assembled at Nottingham for the Desence of the Laws Religion and Properties according to the free born Liberties and Priviledges descended to Us from our Ancestors as the undoubted Birth-right of the Subjects of this Kingdom of England not doubting but the Infringers and Invaders of our Rights will represent us to the rest of the Nation in the most malicious Dress they can put upon us do here unanimously think it our Duty to declare to the rest of our Protestant fellow-Subjects the grounds of our present Undertaking We are by innumerable Grievances made sensible that the very Fundamentals of our Religion Liberties and Properties are about to be rooted out by our late Jesuitical Privy Council as has been of late too apparent First by the King 's dispensing with all the Establish'd Laws at his pleasure 2. By displacing all Officers out of
was sent down to Portsmonth with Orders to the Lord Dartmouth to send him under a good Convoy with his Nurse into France This he was said to have utterly refused whereupon he was brought back to London again on Saturday Doc. 8. and the Queen resolved to go over with him her self and not contented with this extorted from the King a Promise to follow her himself Which was the very worst Counsel the worst Enemy he had in the World could possibly have given him But to return back Scotland was by this time almost in as bad a condition as England and some of the Nobility and Gentry of Scotland were sent up with a Petition for a Free Parliament and the Popish Chapels at York Bristol Glocester Worcester Shrewsbury Stafford Woolverhampton Bromidgham Cambridge and St. Edmond's Bury were about this time demolished and whereever the Lords in Arms came the Papists were disarmed And in Norfolk the Duke of Norfolk their Lord-Lieutenant had a great appearance of the Gentry with him where he and they declared for a Free Parliament and the Protection of the Protestant Religion This meeting was at Norwich the First of December and after that the same Declaration was renewed at Yarmouth and the Suffolk men approved of it but wanted a Lord Lieutenant to assemble and head them in order to the shewing their concurrence with safety Bristol was seized by the Earl of Shrewsbury and Sir John Guise the Lord Lovelace was delivered by the Gentry of Gloucestershire out of the Castle of Gloucester where till then he had been imprisoned The Lords Molineux and Aston in the mean time seized Chester for the King being R. C's and Berwick stood firm to him too but New-Castle received the Lord Lumley and Declared for a Free Parliament and the Protestant Religion York was in the hands of the associated Lords and the Garrison of Hull seized the Lord Langdale their Governour a Papist and the Lord Montgomery and disarmed some Popish Forces newly sent thither and then Declared for a Free Parliament and the Protestant Religion And Plimouth had long before submitted to the Prince of Orange And the Army at Reading upon another false Alarm on Saturday the 8th of December retired in great haste to Twyford Bridge and endeavouring to regain their post a Party of the Prince's men who were sent for by the Inhabitants of Reading upon their threatning to plunder and fire the Town attacked the Irish Dragoons and slew Fifty of them the Irish making little Defence tho' the Prince's Party were much fewer in number because they believed the whole Army was at hand The Popish Party was become so contemptible in London that on Thurday the Sixth of December there was an Hue and Cry after Father Peters publickly cried and sold in the Streets of London But this was not the worst neither for about the same time came forth this following Declaration in the Name of the Prince of Orange By his Highness William Henry Prince of Orange A Third Declaration WE have in the course of our whole life more particularly by the apparent hazards both by Sea and Land to which we have so lately exposed our Person given to the whole World so high and undoubted Proofs of our fervent Zeal for the Protestant Religion that we are fully confident no true Englishman and good Protestant can entertain the least Suspicion of our firm Resolution rather to spend our dearest Blood and perish in the Attempt than not to carry on the blessed and glorious Design which by the favour of Heaven we have so successfully begun to rescue England Scotland and Ireland from SLAVERY and POPERY and in a Free Parliament to Establish the Religion the Laws and the Liberties of these Kingdoms on such a sure and lasting Foundation that it shall not be in the Power of any Prince for the future to introduce Popery and Tyranny Towards the more easie compassing this great Design we have not been hitherto deceived in the just Expectation we had of the concurrence of the Nobility Gentry and People of England with us for the Security of their Religion and the Restitution of the Laws and the Re-establishment of their Liberties and Properties Great numbers of all Ranks and Qualities having joyned themselves to us and others at great distances from us have taken up Arms and Declared for Us. And which we cannot but particularly mention in that Army which was raised to be the Instrument of Slavery and Popery many by the special Providence of God both Officers and common Soldiers have been touched with such a feeling sense of Religion and Honour and of true Affection to their Native Country that they have already deserted the illegal Service they were engaged in and have come over to Us and have given us full assurance from the rest of the Army That they will certainly follow this Example as soon as with our Army we shall approach near enough to receive them without hazard of being prevented and betray'd To which end and that we may the sooner execute this just and necessary Design we are engaged in for the publick Safety and Deliverance of these Nations We are resolved with all possible diligence to advance forward that a Free Parliament may be forthwith called and such Preliminaries adjusted with the King and all things first setled upon such a foot according to Law as may give us and the whole Nation just reason to believe the King is disposed to make such necessary Condescension on his part as will give entire Satisfaction and Security to all and make both King and People once more happy And that we may effect all this in the way most agreeable to our desires if it be possible without the effusion of any Blood except of those execrable Criminals who have justly forfeited their Lives for betraying the Religion and subverting the Laws of their Native Country we do think fit to declare that as we will offer no violence to any but in our own necessary defence so we will not suffer any injury to be done to the Person even of any Papist provided he be found in such place and condition and circumstances as the Laws require So we are resolved and do declare That all Papists who shall be found in open Arms or with Arms in their Houses or about their Persons or in any Office or Employment Civil or Military upon any pretence whatsoever contrary to the known Laws of the Land shall be treated by Us and our Forces not as Soldiers and Gentlemen but as Robbers Free-booters and Banditti They shall be incapable of Quarter and intirely delivered up to the Discretion of our Soldiers And we do further declare That all Persons who shall be found any ways aiding and assisting to them or shall march under their Command or shall joyn with or submit to them in the discharge or execution of their illegal Commissions or Authority shall be looked upon as Partakers of their Crimes Enemies to
suffer the French King to conquer Britain under pretence of restoring James the Second to that Throne which he had abandon'd because he could not bring the Prince of Orange their Allie and all his Protestant Subjects to his own Terms And yet if none of them should enterpose but the Hollanders alone the English and Dutch Fleets being united would render the landing a French Army so difficult and uncertain that it would be next door to madness to trust one to their Navy which is so much inferior to either of the others singly taken So that all things considered either James the Second ought to have stayed at home and have made as good terms as he could with the Prince of Orange and his own Subjects Or if he would have abandon'd his Kingdoms he ought to have despaired of any restitution and have betaken himself to a private life as Christina Queen of Sweden did Since I finished that which goes before we have now certain Intelligence that James the Second Landed the 12th of March at Kingsale in Ireland so that now it cannot be doubted but that he hopes to recover England and Scotland by the help of the Irish which is all one as if he had done it by the French. His succeeding in this design laying us at the mercy of an Irish Roman Catholick Army whose civility and kindness to our Nation we may learn from our Country-men who after having lost all but their lives have been forced to flee over to us for shelter and protection I shall not add any other consideration to perswade my Country-men to defend their King Queen and the whole Protestant Succession their Lives Liberties Priviledges and Religion because this alone is sufficient THE DESERTION DISCUSS'D In a Letter to a Country Gentleman SIR § 1. I Don't wonder to find a Person of your Sense and Integrity so much surprized at the Report of the Throne 's being declared Vacant by the Lower House of the Convention For how say you can the Seat of the Government be Empty while the King who all grant had an unquestionable Title is still Living and his Absence forced and involuntary I thought our Laws as well as our Religion had been against the Deposing Doctrine therefore I desire you would Expound this State Riddle to me and give me the Ground of this late extraordinary Revolution In answer to your Question you may please to take notice That those Gentlemen of the Convention and the rest of their Sentiments who declare a Vacancy in the Government lay the main stress of their Opinion upon his Majesties withdrawing himself For now especially since the Story of the French League and the Business of the Prince of Wales are passed over in Silence most Men believe that the pretended Breach of that which they call The Original Contract was designed for no more than a popular Flourish § 2. And that you may be not beshocked by seeing the Votes of so considerable and publick a Meeting debated by a private hand give me leave to remind you That a Parliament and a Convention are two very different Things The latter for want of the King's Writs and Concurrence having no share in the Legislative Power If it 's urged That the present Posture and Exigence of Affairs is a sufficient Dispensation with the usual Preliminaries and Forms of Parliament To this I am obliged to answer That this pretended Necessity is either of their own Making or of their own Submitting to which is the same thing and therefore ought not to be pleaded in Justification of their Proceedings For if his Majesty had either not been driven out of his Dominions or invited back upon honourable Terms they needed not to have had recourse to these singular Methods And since they have neither the Authority of Law or Necessity to support their Determinations I hope they will not think themselves disobliged if they are inquired into and some part of that Liberty which they have taken with his Majesty be returned upon themselves For all private and unauthorized Opinions are to be regarded no farther than they prove their point Like Plate without the Royal Impression they ought not to be obtruded for currant Coin nor rated any higher than the Intrinsick Value of the Mettal Let us examine therefore if his Majesty has done any thing which imports either in it self or by necessary consequence That he has voluntarily Resigned his Crown and Discharged his Subjects of their Allegiance Now the Author of The Enquiry into the present State of Affairs c. for whose Judgment the Commons seem to have a very great Regard as appears from their concurrence with him For their most considerable Votes are in a manner transcribed from his 11th Paragraph This Author tells us Pag. 5. That when a King withdraws himself and his Seals without naming any Persons to represent him the Government is certainly laid down and forsaken by him Though afterwards he is so good natured as to add That if any imminent present Danger or just Fear though indeed a King can never be decently suspected of that I suppose his Reason is because Kings are invulnerable had driven his Majesty away it might seem a little too hard to urge this too much § 3. In order to the confuting this Notion I shall prove in the First place That his Majesty before his withdrawing had sufficient Grounds to make him apprehensive of Danger and therefore it cannot be called an Abdication Secondly That the leaving any Representatives behind him was impracticable at this Juncture Thirdly That we have no Grounds either from the Laws of the Realm or those of Nature to pronounce the Throne void upon such a Retreat of a King. § 4. But before I do this it 's not improper to observe That this pretence of a Demise if it signified any thing cannot affect Scotland or Ireland Not the first For there his Majesty's Commissioners acted in the usual manner till they were disturbed Nor the second For that Kingdom continues still under the Regular Administration of the Lord Lieutenant Neither is it sufficient to say That Ireland is an Appendage to the Crown of England and therefore it must follow its Revolution For allowing a Demise was really consequent upon a Failure of Seals and Representatives yet there would be no colour to apply it to a Case where there was no such Omission For no Forfeiture ought to be stretched beyond the Reason upon which it is grounded But this only by the way I shall proceed to prove the first thing propounded viz. That his Majesty before his withdrawing had sufficient Grounds to make him apprehensive of imminent Danger § 5. We are now fallen upon Times in which the most extravagant and almost impossible Things are swallowed without Chewing and the plainest Truths outfaced and denied as if Evidence was an Argument against Proof and Absurdities the only Motives of Credibility So that now if ever we seem fit for
his birth is proved We have saith he an excellent Church and we do well to take due care to continue its Establishment but to dispossess our Prince upon this score has as little Divinity as Law in it I may answer this in the words of the Apostle But if the unbelieving depart let him depart A Brother or a Sister is not under bondage in such a case but God hath called us to Peace 1. Cor. 7. 15. We did not dispossess our Prince but he deserted us because we would not give up the Legal Establishment of our Church and our Civil Liberties to boot To endeavour to Preserve our Religion by such methods will make it more fatal to us in the Event than Atheism it self That is it were better to renounce the whole Apostles Creed and every article of it than to endeavour to preserve our Religion by a defection from a Persecuting Prince In truth this is Loyalty with a Vengeance 'T is a mistake to think the World was made for none but Protestants and if Dominion was founded in Grace I am afraid our share would not be great in the Division As to the first of these it is a silly insinuation and concludes nothing For tho it be true the world was not made for any one fort of men yet I may assert that part of it which is fallen to my Lot against the Invasion of the Jesuits and Roman Catholicks who pretend that the whole world ought to be Subject to the Vicar of Jesus Christ St. Peter's Successor and upon that Score will suffer no body to Live in Peace by them who will not be Subject to that old Gentleman and his Emissaries And if Dominion were founded in grace we of the Protestant Religion should be able to maintain our possession of what we have against any Religion that should pretend to out us if we were to be tried by any other Christian Judge but the Infallible Gentleman at Rome When I first read these two passages I concluded the piece was written by a R. C. but some of our own Brethren can sometimes speak as ill things of us as the worst of our Enemies so violent are the transports of a Friend when throughly insensed If it be objected that his Majesty not sending to his People upon his removal is an Argument that he intended to Govern them no Longer First He Answers that the objecter doth not believe it In truth if any body did ever think or say that he was weary of Reigning or quitted England with a design to trouble himself no more about it he must be very Ignorant of the temper of the Late King and of the managment of affairs in the Last Scene of his Government We were not so happy he was resolved to be our Master when he was most resolutely bent not to do us that Justice which we had so much right to his going to France Added to that Expression in his Letter from Rochester Tho I have ventured my Life very frankly on several occasions for the Good and Honour of my Country and am as free to do it again and which I hope I shall yet do as old as I am to redeem it from the Slavery it is like to fall under Yet I think it not Convenient to Expose my self to be secured as not to be at Liberty to effect it and for that reason do withdraw my self These shew clearly he went away with a resolution to return and make a conquest of us and then we may conjecture at what rate we shall be redeemed from Slavery Secondly That his Majesty was scarcely Landed in France before the Administration was Conferred upon the Prince of Orange which Action might very well discourage his Majesty from sending any message so scon as he intended But since it is Known his Majesty has sent Letters to If not to the Privy Council as some affirm yet to the Convention There was in truth a Letter to the Privy Council Two to the Convention of England which I am informed were sealed up in Covers and never opened but there has since been a pretended copy of it printed and spread about the Town and another Letter has since that been sent to the Convention of Scotland and they all of them as far as is Known confirm his resolution of attacking England Thirdly They that were the occasion of his Majesties Departure should one would think have waited upon him and invited him back For without question the injuring person ought to make the first step towards an Accommodation Especially when wrong is done to a Prince Now whether his Majesty has been well used in this Revolution or not I leave to the World to Judge now but God will do it afterwards This Conclusion will serve me and him differently And therefore I shall add no more but this The Author of this Letter wrote it in an heat before things were well understood or at all Determin'd and therefore deserves much Compassion much that I have said in Answer to it was not known to him and I am perswaded he himself will now see and acknowledge too the weakness of many things which he then Advanced In short I design nothing by this Answer but the Service of their Majesties the Peace of England And the Preservation of our Religion our Laws and Ancient Government And could these have been preserved any otherways the Memory of his Late Majesty should have been still sacred to me notwithstanding his Mis-Government Whilest this Piece was preparing to the Press there was an Answer to his Paper printed in two sheets in Quarto wherein the Author has taken notice of some passages in this Letter which I thought fit to omit as not being of any moment as to the main question depending and therefore if the reader is not satisfied without so minute an Answer he may have recourse to that Paper FINIS N. S. October 30. 1688. ☞ ☜ The Bishop of Bath Wells * Dutch Design Anatomized p. 29. The Bishops Proposals are the contrivance of the King's Enemies framed of purpose to amuse the people as if till they be granted we are not safe ☞ ☜ ☜ ☞ ☞ N. S. Second Letter pag. 49. ☜ * The Means here hinted at was a Treaty with the Prince and the Nobility and Gentry who had Declared for him * They did so whilst the danger hung over our heads tho' now nothing less dreadful * This Modesty of the Expression is a Justification of the Sincerity and Civility of the Declarer †Nothing but a Free Parliament could re-establish our shattered Privileges and Liberties and therefore it was so stiffly denied ¶ True the Charters were taken away to secure the Succession and Monarchy then but now to ruine the English Liberty and Protestant Religion * Their Loyalty or rather Credulity had been too notoriously abus'd to be now again imposed on by this Argument So it fell on the Offerer and raised a just Indigration instead of Submission to a second Cheat. The Redresses granted had no certainty because the Dispersing Power was still defended the Bishop of London's Sentence remitted but not declared Illegal the Charters were restored but still subject to new Warranto's And as for the promised Parliament thoÌ„ it was after granted yet so dreadful it was that the abandoning the Throne was more eligible than the sight of that Assembly So all this Cant produced no good effect on the exasperated Minds of Mâ—n How the Bishops were uâ—ed on thâ—s score is set down in ' its proper place * These Gentlemen who now pretend to such extraordinary Loyalty should do well to consider this ☜ †It is said Prince George came back with the King to Andover and went away with the Duke of Ormond on Sunday night the 25th of Nov. from that place ☜ ☜ ☞ The Conclusion Declaration at Guild-Hall * The Administration of Affairs was in truth conferred on the 〈◊〉 Prince of Orange the very day the King left London by the Declaration made at Guild hal And all that followed till the 12th of February was but a confirming that first Act by after Acts.