constituted by God himself But that cannot be so for it would follow that God is unjust which he cannot be There neither is nor was any Government of that sort but only that of the Jews the rest of the World were left to themselves to frame such a Government as suited best to their Inclinations and to make such Rules and Laws as they could best obey and be governed by Ours is compounded of an absolute Monarchy and a Common-wealth and the original of it we have from the Saxons But be it what it will or whence it will it is without question that the first original of our Kings was that the people found it for their advantage to set one over them because of his Wisdom Valour and Justice and therefore they gave him several Prerogatives above the rest of the People that he might be the better able to govern and defend them for there is none of the Kings Prerogatives but are for the good of the Nation if rightly imployed But it will be a strange conclusion to suppose that the People obliged themselves to submit to the Posterity of that Man whom they first chose for their King because of his extraordinary Endowments let them be what they would and never so unfit for the Government For the next of blood may be incapable of governing in several respects suppose a Fool or Lunatick by his Principles if he aim at Arbitrary Power by his Religion if he be a Papist or a Heathen or by his practises before he comes to the Crown to destroy the Religion and Government by Law Establisht Now this I do not say to argue that the Election of the King is in the People though I think much might be said in that case neither is it now the question but that which I speak for is to prove that the next of blood has not so absolute an Inherent Right to the Crown but that he may for the good of the Nation be set aside There is yet another Inconvenience to allow the next of blood to have so absolute a Right to the Crown because the Possession of the Crown takes away all disabilities but only such as are by Act of Parliament which being so every King must thank his Successor for every moment that he lives if he kill him himself he cannot be questioned for it because as soon as the one is dead the other is King for here the King never dies If therefore the next of blood has so absolute a Right the King is very unsafe For though the D. be not inclined to shorten his Brothers days nay though he be averse to it yet in obedience to the Pope and his Priests it must be done either by himself or some other hand and then how long we expect his Majesties life If Kings were good Men an absolute Monarchy were the best Government but we see that they are subject to the same Infirmities with other Men and therefore it is necessary to bound their Power And by reason that they are flesh and blood and the Nation is so apt to be bad by their Example I believe was that wherefore God was averse to let the Jews have a King till they had Kings they never revolted so wholly from him when their Kings were good they were obedient to him but when they were idolatrous then the People went mad of Idols I hope it is no Regis ad exemplum that makes our Nation so lewd and wicked at this day A SPEECH AGAINST Arbitrary and Illegal IMPRISONMENTS BY THE Privy Councill THere is not any thing that an Englishman can claim as his Right that we value more than Freedom and Liberty I mean that of the Body because Imprisonment is a sort of Death and less tolerable to some than Death it self For by it we are deprived of all our Earthly Comforts What is a Man the better for having never so great an Estate never so great Honour or what else is desirable in this World if he is restrained of his Liberty Now there are several sorts of Restraints or Imprisonments and they are all forbidden by our Law unless the cause be very just and reasonable not for bare surmises or vain stories that a Man shall be imprisoned and hurried from his aboad but only for such cause as shall prove that it is for the good of the Government and the support of it that this or that Man is imprisoned or restrained Although the Law has taken very good care yet the Subject is often abused in his Liberty sometimes by the Courts in West-Hall sometimes by other Courts and particular Magistrates But the greatest cause of complaint proceeds from the Privy Council The Privy Council that is though they have been much to blame in this particular yet it is not a new thing that they practice but this Itch of sending for and imprisoning the Subject upon vain pretences has descended from one Privy Council to another like an Infirmity that runs in a Blood for no sooner is a Man made a Privy Councellor but this Spirit rests upon him This Mischief was early espied even in Henry III's time and several Lawes have been made to restrain the Privy Council By the 9. H. 3. Chap. 29. it 's declared that No Free-man shall be taken or imprisoned or be disseised of his Free-hold or Liberties or Free Customes or be out-lawed or any other way destroyed nor we will not pass upon him nor condemn him but by Lawful Judgment of his Peers or by the Law of the Land By the 5. Edw. III. 9. It is Enacted That no Man from thenceforth shall be attacht by any Accusation nor fore-judged of Life or Limb nor his Lands Tenements Goods nor Chattels seized into the Kings Hands against the Form of the Great Charter and the Law of the Land By 25. Edw. III. Chap. 4. It is declared That from thenceforth none shall be taken by Petition or Suggestion made to our Lord the King or to his Council unless it be by Indictment or Presentment of his good and lawful people of the same Neighbourhood where such Deeds be done in due manner or by Process made by Writ original at the Common Law Nor that none be out of his Franchises nor of his Free-holds unless he be duly brought in answer and fore-judged of the same by the Course of the Law And if any thing be done against the same it shall be redressed and holden for none By 28. Edw. III. Chap. 3. It is Establisht That no Man of what Estate or Condition that he be shall be put out of Land or Tenement nor taken nor imprisoned nor disinherited nor put to death without being brought in answer by due process of Law And by 37. Edw. III. Chap. 18. It says Tho' it be contained in the Great Charter That no Man be taken nor imprisoned nor put out of his Freehold without process of the Law nevertheless divers people make false Suggestions to the King himself
Enemy was dead when their King was beheaded And besides there is a very good argument that the Dissenters hand did not give that stroak in regard they were chiefly instrumental in his Majesties Restauration whilest many who called themselves the Loyal Party sate still at home Or if it were as some say that the Dissenters did that fact yet we cannot justifie the prosecuting of them for that reason because it would be a breach upon the Act of Oblivion a Law that was and is so necessary to settle the distractions of the Nation and he who would destroy that which compos'd our differences does what in him lies to bring in confusion There are several Laws which are not Temporary nor are they repealed by any other Statutes and yet are laid aside as useless because the Reason of them is ceased and Laws cease when the Reason of them ceases as our Lawyers say And if so I cannot tell whether it is not a very good argument why the Dissenters should not be prosecuted upon the 22d of this King seeing they cannot be charged to have preach'd unsound Doctrine nor to be guilty of any contrivance against the Government I wish the Church of England stood upon a broader foundation and the prosecution of Dissenters would increase the Number of Souls but truly I have not heard that it has had that blessed effect nay I doubt it has wrought the contrary way For the reason of it is plain because the English people are very inclinable to pity any that are in distress nay though they are punished justly but when they see any in trouble on the account of some small difference in Religion they not only pity them but after a while do favour their case And if the Laws had been put vigorously in execution against the Papists before the discovery of the Plot they would have found a great number who would have pitied them though the very name of Popery is detestful to the generality of the Nation As no Man knows his own heart certainly by reason of the deceitfulness of it so it is impossible for one Man to know anothers thoughts and if any Man that prosecutes the Dissenters does it for these reasons that I have mentioned or for any other I hope he has a good end in it and acts according to his Conscience and then I wish him good success If I were a busie Man in prosecuting of people for Non-conformity I 'll tell you in what method I would proceed but by this I don 't pretend to prescribe any Man what he should do if I can govern my self a-right it 's as much as I desire I don't take my self to be very able to instruct others In the first place I would begin with the Papists because they differ with us in Doctrines and therefore we and they can never agree unless one side yield wholly to the other I would inquire after the times and places of their Meetings and watch them so narrowly that they should hardly escape me and I would make it my business to find out their Priests that the Law might pass upon them and this I would the rather do because I am persuaded that many Papists would live peaceably with us if there were an effectual Law to keep out the Priests and these Incendiaries I would leave them no rest for the Souls of their feet but I would hunt them out of the Country For by reason of not putting the Laws in execution against the Priests that bloody Massacre happeded in Ireland in which there perished at least 200000 Protestants Now when I had perfectly subdued the Papists that they might do us no hurt then I might be at leisure to fall upon others who did not conform to the Church And if upon the Informations it did appear that they preached unsound Doctrine or Sedition I would not fail to rout their Meetings but upon every information I would examine whether what was preached was unsound or seditious because the 22d of this King was made chiefly to prevent Sedition and as to all other Laws I would not be wanting in my duty to serve the Church Only as to the 35th of Queen Elizabeth some doubt would remain with me First Because the Papists are not within that Law and it is more severe than any Law now in force against the Papists Secondly Because I cannot find that any Man has been punish'd by that Law if any have the presidents are very few and that Law was made upon a supposition of evil practices at their Meetings as was that of the 22d of this King and I am verily persuaded that the reason why few or none have been punish'd by that Law is because they have not been detected of any Sedition or Practice against the Government But if I did put that Law in execution I would do it against one as well as another though they made a great stir for the Church it should not excuse nay with me that should be an aggravation of their offence and I doubt that there are a great many who pretend themselves very zealous for the Church and cannot with patience bear with others who cannot go so high as they do and yet are notorious Offenders against this Law of the 35th of Queen Elizabeth Now by this method I apprehend I should incur the lesser censure and that the World would be more apt to believe that it was my concern for the Church that made me so zealous provided my Life and Conversation were agreeable to that of a good Christian or otherwise I should have much ado to persuade the World that my End was good unless I led a good life For whenever any have professed themselves Zealous for their Church and their Lives have not been answerable to their Profession in the end it has proved that their Zeal was but a pretended one to facilitate and carry on some selfish or ill design and of this there are multitudes of instances and not one to the contrary that I have met with and the reason of it is obvious to every Man for why should he have a real Conserve for the Church who by his Life dishonours God Neither do I believe that I should convince the World that I was zealous for the Church if I fell upon the Dissenters and did not first begin with the Papists For to think that the Papists can be good Subjects as Papists and that the Dissenters are equally dangerous with the Papists proceeds from the same Principle which is a false one Having said this I will in the next place offer my advice to the Dissenters That in regard there are such Laws which stand unrepealed and that many are of opinion that they ought to be put in execution without examining whether any Sedition or Rebellion is hatch'd at those Meetings and that those Meetings may be lookt upon as a contemning of the Government and may give offence I think they would do very well
mans pleasure so we hold our Religion as precariously because a Prince can impose upon Slaves what Religion he pleases France is so pregnant an Instance of this that it puts the thing out of Dispute For while the Protestants kept their Liberties all was well with them yet no sooner was that wrested out of their hands but it was quickly seen what became of their Religion I have always thought that they began at the wrong End who reckoned themselves out of all other danger whilst they enjoyed the Exercise of their Religion it will not be denyed but that Liberty is a great Security to the free Exercise of Religion but if our Civil Rights are assaulted I don't see by what means Religion can rescue them out of Violent hands Besides there are many Instances where Religion has been used as a Stalking Horse to enslave a Nation For did ever any Man pretend to have a greater concern for the Church than Charles the 2d and yet no man more designed the Ruine or the Nation than he did which Example may occasion the People to suspect some Design upon their Liberties when the Prince pretends the greatest Care for Religion unless he be a man of great Morality and Religion appear in his Life and Practice as well as in his Words and Promises For it is scarce passible to inslave a free People by direct Force and therefore they must be gulled out of their Liberty by Art and underhand Practice and there cannot be a better blind than a pretended care for Religion to keep the people from observing what is designed against them So that if any thing is worthy of their Care it is their Liberty and in doing so you do the part of Loyal Subjects and good Christians whereas by the neglect of it you expose every thing that is valuable so you also lay a snare in the way of your Prince thereby tempting him to think of that which otherwise might not have come into his Thoughts And this Care is never to be neglected not even when any thing goes to their hearts Desire lest whilst you speak Peace to your selves there comes upon you sudden destruction For a Design is more likely to take effect when people suspect no such thing than when they stand upon their Guard There are many ways of Working People up into a Security of all which Promiles are the most fatal for without Performance they become Snares and therefore it is upon Actions and not upon words that a Wise Man will ground his Belief or Opinion Consider what is done and not what is said for whoever he be that is so wicked as to have a Design of inslaving the Nation he will never make a difficulty of promising very largely If then we ought to take care of our Liberty how ridiculous is it to talk of Serving the Crown when by that is meant To make the Kings Will and Pleasure the Measure of their Obedience it must be a mere Nonsensical Boast to talk at that rate when they have stript themselves of the means of Serving like Rational Creatures for when men have given up their Liberty what does all their Service to the Crown differ from that of a Beast The Service that we do for our Prince should be like that which we render unto God not a forc't and constrained but a free and reasonable Service So that I think I may say That he who hopes to recommend himself to his Princes Favour by such a piece of Service must needs be a very profligate Wretch and believe his Prince to be altogether such a one as himself For such a design is altogether unlawful because it is destructive to the Nature and End of Government Contrary to the Kings Coronation Oath inconsistent with Reason and a Violation of that Trust and Confidence which the people repose in the King For as I take it The Power that is lodged in the Crown is only a Trust and nothing more for he must have that Power either as a Trust or a Property and if he holds it as a Property then no Bounds or Limits can be set to it and he may use it as to him shall seem most meet What will Laws then signify To what purpose is the Coronation Oath and all those other Cautions that are taken to oblige the King to Govern according to the Laws and laudable Customs of the Realm and then every Prince that has been Deposed for committing Violence and Oppression was highly injured for there would be no other Standard of Right and Wrong but that of his Will and Pleasure But it is a common Practice to depose Kings when they become a Burthen to the People that being the proper and only remedy in such Cases For let any man tell me if he can whether the Liberty that remains in the World has been or can be preserved by any other Means than by that Power that is used in the people of laying aside such Kings whose Administrations become exorbitant For the Number of ill Kings exceeds so much that of the good ones that Liberty had been before this day swallowed by Prerogative without some such check and because so very much good or hurt is in the power of the Prince the value of a good King is inestimable To be delivered out of the Hands of an Oppressing King is a great Mercy yet such a price when put into the Hands of any People is seldom improved as it ought to be For Tacitus makes this Observation upon the Fall of Nero That the first day after the Reign of a Tyrant is always the best This is a great Truth and a Rule that has no exception For this several Reasons may be given For generally the people are so transported upon being eased of their Burthen that they neglect to make such provisions as are necessary to prevent the like Irregularities for the Future either from belief that no other man will be Wicked to the like degree or else from the fond Opinion that they conceive of him who was the chief Instrument of their Deliverance trusting that the same Principle of Honour and Justice that incited him to stand up in their Defence will prompt him to do all those things that are needful to settle the Government upon a lasting Foundation Which was something our Case upon the Restoration of King Charles 2d only with this Difference that instead of Repairing the Breaches which his Father had made the mistaken Loyalty of the Age helpt to make them wider Another Reason for Tacitus his Observation may be this Because the chief Instrument of their Deliverance altho' he appeared very zealous on their behalf yet he aimed at nothing but getting the Crown as it was when the Dauphine of France came over to assist the Barons against King John his Declaration was full of nothing else but the English Liberties yet it afterwards appeared that his Design in assisting them was only to get into the
Francis Hargrave THE WORKS OF THE Right Honourable Henry late L. Delamer AND Earl of Warrington CONTAINING His Lordships Advice to His Children Several Speeches in Parliament c. WITH MANY OTHER Occasional Discourses On the AFFAIRS of the Two Last Reigns BEING Original Manuscripts Written with His Lordships own Hand Never before Printed LONDON Printed for John Lawrence at the Angel and John Dunton at the Raven in the Poultrey 1694. TO The Right Honourable THE EARL OF WARRINGTON My Lord SInce my late Lord Warrington your Father trusted me with the care of your Education your Lordship has made so great a Progress in all things which I Taught you that I am now forced to procure you another Tutor You are become in a little time a great Master of several Languages and most parts of Philosophy and I may say without flattery that your Lordship hath Genius Learning and Piety enough to make one of the Best and the most Accomplish't Gentleman in England But yet your Quality requires something more for it is not enough for one in your Lordships High Station to be Humanist Geographer Historian and I may add a good Man too he must be also a States-man and a Politician but being neither my self I must repeat the same thing over again to my Shame and to your Credit that your Lordship wants a better Master Amongst several of the most Eminent Men which I could recommend to your Lordship I found none so Learned nor indeed so fit to make deep Impressions upon your Mind as your Lordships Noble Father whose Writings belongs to you as well as his Estate I don't doubt but you will strive to get the best share of his Learning nor can you fail of an Extream Delight by drawing Sciences but of the same Spring from whence your Noble Blood did flow His Book then being yours both by Inheritance and by the particular gift of its Authour it would be unjust to present it to any other but your Lordship and needless to recommend it or beg your acceptance for 't Therefore omitting any longer Preface in Recommendation of these Golden Remains I 'll only take leave to make this Observation upon them That as there is nothing wanting in them for your Lordship's Instruction both by Humane Learning and Solid Devotion I have fitted you with the Master that I look't for and whom you wanted From whom having obtained all the Qualifications which your Noble Soul is capable of you have no more to wish for but that you may live and practice 'em and it will be to me both a great Satisfaction and Honour to see my Work finisht by the same Artist who put it first into my hands and trusted me with the beginning of it It will be enough for me that I have put my hands to such a Master-piece and shall be highly honoured if your Lordship take notice of my Endeavours and sufficiently Rewarded if you grant your Protection to him who has no other Ambition than to be Your Lordships Most Humble most Obedient and most Devoted Servant J. Dela Heuze THE CONTENTS I. HIS Lordships Advice to his Children page 1 II. An Essay upon Government p. 36 III. Reasons why King James Ran away from Salisbury p. 56 IV. Observations upon the Attainder of the late Duke of Monmouth with some Arguments for the Reversing thereof p. 70 V. Of the Interest of Whig and Tory which may with most safety be depended on by the Government on the account either of Fidelity or Numbers In a Letter to a Friend p. 82 VI. A Discourse shewing who were the true Incouragers of Popery Written on the occasion of King James 's Declaration of Indulgence p. 88 VII A Speech in Parliament for the Bill of Exclusion That the next of Blood have no Absolute Right to the Crown p. 94 VIII A Speech against Arbitrary and Illegal Imprisonments by the Privy Council Several Laws for the Restraint of this Power Instance of the Exercise of this Power on Sir Gilbert Gerrard about a Black-Box An Objection answered p. 100 IX A Speech against the Bishops Voting in case of Blood Lord Coke 's Opinion against it An Act of Parliament Good to which their Consent is not had Bishops no Peers though Lords of Parliament p. 107 X. A Speech against the Pensioners in the Reign of King Charles II. p. 115 XI A Speech for the sitting of Parliaments and against King Charles the seconds Favourites p. 121 XII A Speech in Parliament on the occasion of some Justices being put out of Commission in the said Reign p. 129. XIII A Speech for the Banishing the Papists p. 133 XIV A Speech on the Corruption of the Judges Laws to prevent it Some Instances thereof particularly Sir George Jeffreys when Judge of Chester p. 138 XV. Some Observations on the Prince of Orange's Declaration On the Exit of King Charles II. and Entrance of the late King whose Administration becoming Exorbitant brought on the Present Revolution The Arbitrary Proceeding of K. James excellently set forth by the Declaration c. In a Charge to the Grand Jury p. 353 XVI A Speech against the Asserters of Arbitrary Power and the Non-Swearers p. 385 XVII A Perswasive to Union upon King James his design to Invade England in the Year 1692. p. 401 XVIII Some Reasons against Prosecuting the Dissenters upon the Poenal Laws p. 412 XIX A Discourse proving the reasonableness of the present Revolution from the Nature of Government p. 421 XX. Whether a Conspiracy to Levy War is an Overt Act of Conspiring or Imagining the Death of the King p. 437 XXI Reasons for an Union between the Church and the Dissenters p. 457 XXII Of the Absolute Power Exercised in the late Reigns and a Defence of King Williams Accession to the Throne Election the Original of Succession Succession not very Ancient Division among Protestants a step to Arbitrary Power Enemies to the Act of Indulgence Disaffected to the Government p. 467 XXIII A Speech concerning Tyranny Liberty Religion Religious Contentions Laws of Advantage to the State cannot hurt the Church Of Conquest Of God's ways of Disposing Kingdoms and against Vice p. 483 XXIV The Legality of the Convention-Parliament though not called by Writ p. 509 XXV A Resolution of Two Important Questions 1. Whether the Crown of England be Hereditary 2. Whether the Duke of York ought to be Excluded p. 541 XXVI The Case of William Earl of Devonshire for striking Collonel Culpepper p. 563 XXVII Arguments against the Dispensing Power p. 583 XXVIII Prayers which his Lordship used in his Family p. 597 XXIX Some Memoirs of the Methods used in the Two last Reigns The Amazing Stupidity of those that would reduce us again into the same Condition p. 613 XXX Some Arguments to prove that there is no Presbyterian but a Popish Plot and against the Villany of Informing in 1681. p. 627 XXXI Monarchy the best Government and the English beyond all other With some Rules for the Choice
disposition and temper not to prescribe or necessitate them to any particular form And then consequently it will follow that what lawful Right or Power every King claims is by reason of the constitution of the Government and not from Nature If there be any such thing as this Natural Right it must be inherent in all lawful Kings for if some of them have it why not all of them And if any have every King else has the same And if this be so where was the Natural Right of King Stephen and Henry II both born out of the Realm their Fathers Forraigners and at the same time there were others who by right of descent were nearer to the Crown than either of them It was not this natural right that invented the coronation oath neither is it by reason of it that every King of England is bound to take it before they can require any of their Subjects to do them homage and fealty If there be any such thing as this natural right then it will follow that all the Kings of the earth but one are Usurpers because this natural right must arise from Primogeniture and there can be but one man at the same time who is the rightful Heir and Successor to Adam and consequently all others that pretend to be Kings usurp upon his right So that this notion of a natural right pulls down the thing it pretends to set up When a Common-wealth is changed into a Monarchy is it this natural right that makes him King who is first set up Or when a Family is extinct that has been long in possession of the Crown and the Body of the People chuse a King from amongst themselves is it by this natural right that he attains to this dignity But as a multitude of other absurdities would follow upon it so the Apostle puts the thing out of dispute when he says That Kings are the Ordinance of man And here I will leave Kings to resolve which is their best title whether this natural right or the constitution of the Government Differences and disputes do but too frequently arise betwixt the King and People and therefore I will tell you what I conceive to be advisable when such ill humours are afloat Consider whose demands do best suit the common good For by a serious and impartial examination of that you will be able to discover who is in the right For if you follow this rule exactly it will not misguide you And take this Observation along with you When the State is distempered you will find for the most part if not always that the cause of offence proceeds from the Court. And the reason of it is very evident Because so long as English men injoy their rights they have no occasion to quarrel with the King for they need nothing else But Kings as they are always think they are too short in power and those that are about them are too apt to incourage those desires in Kings because the more absolute he is the more able he is to gratifie his Creatures Now in this case let not the opinion of the Clergy govern you for none are blinder Guides than they and no one thing hath done more mischief in this Nation than their politicks If you happen to be on the prevailing side use your advantage with Moderation This you are obliged to do as you are a good Christian and self-interest pleads for it for since the events of all things are uncertain there may come another turn and then in reason you may expect fair quarter from them whom you treated so well in the day of your power If your Party come by the worst remember these two things First don't think the worse of your Cause by reason of the Success Neither make any mean submission nor do any other sordid thing to get out of your trouble use only lawful and honest means for if you are in the right sooner or later it will prevail and then in the end you will come off with double honour 2. If you are examined as a criminal confess nothing only argue against the insufficiency of what is objected against you For First It is an argument of your courage and resolution Secondly By confessing any thing you help them to evidence against your self and others for you furnish them with time and place and then it is an easie matter for a Knight of the Post to give such an evidence against you as is not easily disproved Thirdly It 's very seldom that you will meet with better usage though you confess never so much unless you will turn accuser of others and give evidence against them which is so base a thing that I would advise you to undergoe any extremity rather than do that For as your own Party will for ever abhor you and your Memory so the other side will despise and slight you as soon as you have done their business and all that you can do for the future will never wipe off such a blot If you are concerned in the prosecution of any publick Criminal let your proceedings be tempered with Justice and Moderation For I have seen it fatal to several who have strained and forced the Law to the destruction of others yet in the end fell into the Pit they digged for others and perished by their own Law When the State is so sore that it makes a Man an Offender for a Word and the times are so evil that the prudent keep silence Then are all meetings to be avoided save only such as are upon real business recreation or for Neighbourly Visits and those too in as small numbers as may be for Spyes and Informers will thrust themselves into Consults and Cabals and of all others will say the hottest and most violent things in hopes that believing that all proceeds from the fervency of their Zeal you may thereby be induced to say something that will bring you within the compass of the Law Or if you have the discretion or good hap to say nothing yet your very being in the same Company where such things have been said or uttered may either make you criminal or at best hand involve you into a great deal of trouble without bringing any advantage to the Cause you do assert And besides he that herds in Cabals must implicitely adhere to the opinion of that Company for by asserting his own Judgment in opposition to theirs though he be never so much in the right he runs the hazard of being reproached for a Spye or Deserter As you ought not to refuse any danger when a proportionable advantage will thereby accrue to the Cause you would support so in such sore times you ought to avoid the doing of any thing unnecessary hot and provoking unless where you or the Cause will reap benefit thereby For young men either through the heat of their years or the instigation of more crafty people are too often prevailed upon to do many things that in
in every thing that half the Effect is lost before they are put in Execution As in bestowing Imployments or other Favours the Party does for the most part attend so long till thereby the thing receives so great an allay and comes with so ill a Grace that half the obligation is lost before it is given And the delatoriness in all other Matters looses much of the advantage that might have been had by a quicker dispatch and often creates a necessity to supply by a second Act what was lost by the delay in the first and though at last the point may be gain'd yet being forc't to do that at twice which might have bin done at once is no great reputation to such Methods Dispatch being the life of Execution as steddiness is of Council And this slow progress is almost unavoidable for these Persons who have hemmed the King in will not loose the advantage that is to be had in disposing of Imployments they will keep the Candidates as long as they can in suspence to see who will bid highest whereas a greater dispatch in the disposing of them would be the loss of several Visions of Angels which else they may hope to see and much more haste cannot well be expected in other things by reason that the proceedings are in a new way more uncertain and round about and so very much depending upon every step It s no wonder if there be so much Caution and Jealousie as to make the resolutions and execution far slower than if they had been managed in the Old Track What has bin said does not argue against a due Care and Circumspection so as not to prevent all precipitancy rashness or indiscreet haste and yet the Caution that goes further than so is needless and that which turns to the prejudice of it is in no sort to be justified And though by an unusual slowness a point may have bin gain'd yet there is no more reason for the future to take that Method in other Cases than to make use of a desperate remedy in all Cases because it once had good success and there is as little reason to observe the same Rules and Methods in all Governments for that Prince who does so it argues his insufficiency to govern But the most fatal consequence of a Cabinet Council is that in a short time it disposes the King to be weary and uneasie with Men of Interest and Desert their Room being more welcome to him than their Company and then he lays hold on every occasion to put slights upon them and to shuffle them out of their Imployments for his Appetite being depraved by those of the Cabinet he cannot rellish those wholesome Advicee which the others think they are bound in duty to offer him but when the King makes himself strange to such Men the People won't believe that he has any good meaning to them They may suspect that their Properties are in danger when those that have bin the great Defenders of them are in no credit with him No Man ever got the good Opinion of the Nation till by the whole Course of his Actions he had made it evident that he preserved the Publick good to his own private Advantage and therefore if the King does account the Publick Good and his Interest to be the same thing who ought he then so much to esteem as those who are in the good liking of the Nation who ought he so much to incourage or on whom so much to depend as they For their Advice will be faithful and he may be sure as none are so able to serve him as they so none will be more ready and forward When he imploys none but such as these and values every Man according to the rate that the Nation sets upon him he then at once bows the hearts of all the People as one Man and thereby becomes as safe and great both at home and abroad as the Wisdom Blood and Treasure of the Land can make him it makes every Man believe that it is more his Interest to preserve the Kings Life than to secure his own and that it is his duty to make the King easie in every respect rather than to increase the Wealth and Prosperity of his own Family that which used to be so tedious and uneasie to other Kings will be laid upon the shoulders of the whole Nation for every Man will make it his business that no detriment shall befal the Kings Affairs Informations for Libels and Reflections upon the Government will then be useless for neither his Name nor Administration will never be mention'd but with all respect and beseeming expressions and those hours which those at Court used to spend in undermining each other will be wholly imploy'd in his Service and in short he may be gratified in every thing that his heart can desire But if he lay such Men aside then as Naturally as Corruption suceeds Death their rooms must be supply'd by others who have neither Interest Principle nor Morality but are Compounded of Knave and Fool the very Scum of the Land and will do any thing without asking a question provided they be well paid and the result of all their Advice will be to estrange his Heart from his People But when the Nation shall perceive him to be thus encompassed they will not be so prone to trust him as to observe his proceedings for under such Circumstances his aspect must be very Malevolent what good can be hoped for when he accounts them the fittest to serve him and the properest object of his favour whom the People may justly repute their Enemies but well may they be alarum'd when such are imploy'd as were obnoxious in the time of his Predecessor for it 's a certain argument either of the unskilfulness or foulness of a Gamester when he desires to play with marked Cards so necessary it is for Kings to consider well who they imploy because the People Judge of the King according to the Complexion of those that are about him Wisely therefore did H. IV. upon an address of the Commons remove several Persons that he was very tender of saying he did it not that he could accuse them of any thing but because the People had an ill Opinion of them for he knew that they were competent Judges in the case And as Politick was it of H. VIII to give up Empson and Dudley to Justice who might have done as much for him as they had done for his Father but he considered that to part with the hearts of the People for all the Wealth they could procure him would be a very ill bargain for he understood he might command all that was his Subjects so long as he and they were upon good terms and that King is not much disposed to be well with his People when he is fond of a few Men who cannot pretend to any great merit But when the King shall once in good earnest take Men of
England and these things are so much of the essence of Justice that by how much they are infring'd and invaded by so much the justice of England is the less able to stand and subsist Now in the case of the Duke of Monmouth these were not only dispensed with but the usual Method of proceeding upon Bills in Parliament was not observ'd for in one and the same day that Bill of Attainder was begun and passed both Houses That the Duke of Monmouth was then Landed and in Arms was currant News at that time and believed by every Body But the question is whether the Two Houses of Parliament were informed of it in due manner and with the circumstances of Legal Evidence for it 's a very different and quite another thing both as to form and substance what may satisfie a Man in his private Judgment and what is sufficient to guide and convince him in point of Law and Justice since that which might perswade one as a Spectator to believe the Prisoner guilty of the Crime with which he stands charg'd may not in any sort be evidence to find him guilty if he were one of his Jury For put the case a Man is accused of Treason or Felony before a proper Magistrate and the Persons who afterwards happen to be his Jury are present at his Examination and the Fact is not only point blank proved but the Party Accused confesses it Yet when he stands upon his Tryal unless he do there again confess the Indictment or the Fact be proved by sufficient Evidence the Jury must acquit him Or thus If a Man is Indicted for Treason or Felony though Twenty or a greater number of Men of undoubted Credit and Probity should declare upon their Words and Reputation nay with great asseverations and Imprecations that they knew the Indictment to be true yet if neither they nor any Body else will swear to the Indictment the Jury must find for the Prisoner and yet those Men so seriously and folemnly declaring themselves would sufficiently satisfie all By Standers and even the Jury too as to their private Judgments But their Testimony not being such as the Law calls Legal Evidence it cannot affect the Prisoner In case of Treason the Law requires Two Witnesses who must be of good Reputation indifferent to the Prisoner and their Evidence is to be clear and direct to the Fact and void of all implication for if they are Men of Evil Fame have Malice to the Prisoner or are Bribed Swear doubtfully either as to the Time place or Manner of the thing any of these renders their Testimony invalid It is granted That from any thing in the Act of Attainder it cannot be objected That the Two Houses had not before them sufficient and Legal Evidence of the Dukes being then in open Hostility it being needless to express it because they are supposed not to proceed without it But it is notorious that all the Evidence they were then possest of was a Letter sent to King James in the Name of the Mayor of Lyme and a Printed Declaration under the Name of the Duke of Monmouth As to the Letter of the Mayor of Lyme First there was no proof who wrote it Secondly The Letter declared him that wrote it to be in great disorder at the instant of writing it Thirdly It gave an account of not above Sixty Persons that were come on Shoar with the Duke And Fourthly That upon their approach he fled out of Town and believed that by that time his House and most of the Town was pillag'd and ransack't These are such uncertainties as would render it insufficient to be Evidence in a much less case for it being not proved who wrote it it might in construction of Law be rather look't upon as his that deliver'd it than to be sent by Mr. Mayor But had it been proved to be his yet the disorder he own'd he was in renders the purport of his Letter of very little credit or if he had been more composed the coming of Sixty Persons only into the Town was no great indication of their Hostility having not offer'd violence to any Body or if they had been a far greater number yet for ought he knew they were retir'd to their Ships and gone away because he ran out of Town upon their approach Besides this there was nothing express'd in the Letter wherefore he did believe that such disorders were then committed in the Town for he neither saw nor heard of any Man that had receiv'd the least injury whilest he stay'd nor had the Duke then declared for what intent he came The people of the place might perhaps flock to see the Duke yet that could be no Evidence of an intended outrage it being no new thing in England for the People to crow'd together when an Eminent Person is to be seen and especially on account of the Duke Besides as his Disposition did make him averse to commit any inhumanity such as was suggested by the Letter so in point of prudence it highly behoved him to treat the place as obligingly as was possible for it had been the falsest step imaginable to have done the least violence to any body So that this part of the Letter destroys the Credit which the rest of it might otherwise have obtain'd And take it altogether is so weak and frivolous that a Letter found in the Streets would amount to as good Evidence in any case as this could for at best hand it could not be of greater weight than to corroborate a Legal Evidence To allow a Paper standing alone to be good evidence cannot be safe and must be very dangerous if such as this may pass because that evidence will not be wanting when a turn is to be serv'd As to the Printed Declaration It passed indeed under the Dukes Name but there was no proof that he drew it approv'd it order'd it to be Printed or Dispers'd or that he ever saw it or was privy to it It was read in the House of Lords by the Kings Command or else it had been a secret to them as well as to the World that there was such a thing for as that was the first time that it was heard of so not any more of those Prints came publickly abroad and not one Man of a Million that either saw or heard the Contents of that Print and for that reason it 's not altogether improbable but that that Declaration was a Contrivance of the Court and shamm'd upon the Duke of Monmouth But to let that pass That which makes a Man guilty of Treason or any other Crime is his Privity or Consent to it and that not being proved it could no more render the Duke Criminal of that Declaration than it could him that casually heard it read For if the Printing of a Treasonable Paper in a Mans Name will make him answerable for it then no Man can be safe longer than he is out of the thoughts
Rich. II. the Arch-Bishop of Canterbury made a solemn protestation in the Parliament for himself and the Clergy of his Province for that Matters of Treason were to be entreated of whereat by the Canonical Law they ought not to be present they therefore absented themselves But in regard I have hitherto voucht my Lord Cook for what I have said I desire that it may be observed that he wrote since the Reformation and what was Law when he wrote is Law at this day unless it be changed by some Act of Parliament made since and therefore he that denies my Lord Cook to have written Law must produce some Act of Parliament whereby it does appear that the Law is altered since his time Besides this the Bishops and other Clergy were called to Parliament very uncertainly sometimes more sometimes fewer and sometimes none at all as it was in Edw. I. time Therefore seeing the case to be thus That the Bishops are not Peers but only Lords of Parliament That an Act of Parliament is good though they be absent That they are to be tried by Commoners And that when Capital Matters were to be debated they have withdrawn themselves declaring at the same time that they ought not to have to do in such things And also that they have not so absolute a Right to sit and Vote in the House as the Temporal Lords have because they are called to Parliament so uncertainly I shall be glad to hear what can be said to make their Right unquestionable But if all this were set aside yet it remains on their part to prove that they have sate in Judgment upon the Peers I am apt to believe they will be hardly put to it to produce any President out of good Times when the Nation was in quiet and the Law had its course Nay I think they can scarcey find any that the Proceeds of that Parliament when it was done were not repealed by Act of Parliament and stand so at this day And I should also be glad to see that when a Peer has been tried out of Parliament that any Bishop was ever nominated to sit upon that Lord accused for out of Parliament if a Peer be tryed for his life it is by a select Number named by the King and if the Bishops have Right to sit and Vote upon the Peers it is strange methinks that there is not any Instance to be found where the Bishops or any of them have been named to Judge a Lord out of Parliament Now the reason as I conceive how this comes to pass is because it was never known that a Bishop was tried by the Lords out of Parliament and therefore they cannot try a Lord out of Parliament because they are not Peers for the Lords have never tryed any Bishop but in Parliament and that was always upon Impeachments and not otherwise And upon an Impeachment they may try other Commoners as well as Bishops Besides this it is plain that the Clergy even in the time of Popery would not have to do with Blood in any case whatsoever For when they engrossed all Offices and Places of Honour or profit you shall not find any Bishop that was Lord Chief Justice of the Kings Bench or Judge of any Court where Mens Lives were to be meddled with and the Clergy were not so ignorant or backward in their Interest as to let slip such profitable places had it suited with their Function I have often considered with my self what it is that has induced so many of the Temporal Lords to contend for the Bishops in this case I cannot perceive but that it is against themselves that they strive for without doubt the fewer that the Temporal Lords are the more considerable they are and why they should strive to make themselves less I cannot comprehend neither can any reason be assigned but that which is obvious to every Mans Thoughts That there is some secret power that governs their Lordships in this Affair But without doubt this powerful hand would not be able to turn the Scales so very much if Nobility had been bestowed only on such as deserved Honour But when Interest prevails above Merit no wonder that a Word or a Look do command so absolutely And yet there is this to be said for the Lord's House that there are a great many Lords who retain the Worth and Honour of their Ancestors That notwithstanding being frowned upon displaced and all possible discouragements yet have they shewed themselves to be Men of English Principles that they will serve the King as Englishmen but will not give up any of their just Rights to please him If the Bishops had never so clear a Right in this matter the it is to be consider'd that whatever Right they have that it was gained in the times of Superstition and Blindness when the Clergy Usurped and Lorded it over the Nation and therefore in regard that England has now recovered its Eye-sight and Understanding they are very unthankful if they do not reduce every thing to its proper Station And if the Bishops are prohibited by a Law not to Vote in Case of Blood or are abridged in any other Matter where the Interest of the King and People require yet the Church is not prejudiced for my Lord Cook tells us in the second part of his Institutes Nec debet dici in praejudicium Ecclesiae libertatis quod pro Rege Reipublicae necessarium invenitur And whether it be not for the Interest of the King and People that the Bishops shall not Vote in case of Blood I submit to any Man that wishes well to England Now I would fain be satisfied why our Bishops are more forward to have to do in case of Blood than the Bishops and Clergy in the time of Popery it 's plain they always declined it but ours will adventure a Kingdom upon it It 's true they will withdraw upon the Tryal of the Five Popish Lords but they will not upon Tryal of my Lord D s Pardon yet thus far they condescend that when Judgment is to be pronounced they will withdraw Very well First it is confessed on all hands that if my Lord D s Pardon do not hold good he dyes for it And next I would willingly understand the difference in this case when a Man is tryed for his Life before several Judges and all of them though he is Innocent resolve that he shall be pronounced guilty but they withdraw themselves and leave one of their Brethren to pass the Sentence Now the question is Whether the rest that were absent are not as guilty of shedding Innocent Blood as he who pronounced the Sentence And so on the contrary for any other thing whatever And whether this does not reach the case in hand I humbly submit But the truth of the matter is the Bishops do know that if my Lord D s Pardon be allowed then Arbitrary Power comes in with a Powder And then will be their Harvest
their Favourites do for the most part pick up mean Men people of no Fortunes or Estates upon whom it is that they place their favour to so high a degree And therefore it 's for their Interest to advise the King to govern by an Army for if he prevails then they are sure to have what heart can wish or if he fail yet they are but where they were they had no thing and they can loose nothing There is no Man but very plainly sees that there are People about His Majesty who advise him to shake off the Fetters of the Lawes and to govern Arbitrarily and I wish that their Advice have not prevailed for the most part yet I think His Majesties own Inclinations do not bend that way for he seems to love quiet and ease which no Prince can have that Rules by an Army Therefore before we can expect that His Majesty will come in to us these People of Arbitrary Principles must be removed from his Throne for whilest there are the same Advisers we must expect the same Advice whilest there are the same Councellors we must expect the same Results And this alone will not do it it 's but the first step to our happyness the Principles or Maxims of State must be removed it 's not taking away this or the other Man and putting in another to act by the same Rules that will cure our Disease but it 's the change of Principles that must do it You may remember in the last Parliament the change that was made in the Privy Council and Ministers and upon the first news of it I met with a Gentleman that had a great Service for White-Hall says he I hope now you are pleas'd what can you expect more from His Majesty I replyed I like it well yet not so very well for said I all is well that ends well for all is not Gold that glisters I am not sure that these Men that are put out have not left their Principles behind them when those are gone I shall like it very well The Man was angry and flung away saying you are hard to please and says I you are easie and so we parted And I pray you how much Wooll have we had after all this cry what benefit have we reaped by that change Do not we see that unless they would act by the Maximes of their Predecessors they must do nothing and therefore several did desire leave to go off Some of these worthy Lords and Gentlemen that did so are now in my eye and I shall ever honour them for it I cannot forget the promises made to the Parliament at the same time and how well they have been kept Therefore I think it 's very plain that till these Principles are removed from White-hall that all our labour and pains will end in nothing The way then as I conceive to do this is to lay before His Majesty the state of the case let us shew him how unable these Men are to serve him and how destructive to his Interest it is to follow their Advices and that he can be Safe and Great only by closing with his Parliament Would His Majesty be Safe alas what can his Creatures do just nothing they have no Power nor have they Will further than it serves for their own advantage But His Majesty is safe in his Parliament for it is the Interest of every Man in England to preserve and defend His Majesties governing by his Parliament Does he want Money to make him easie I pray what can he expect from the Catterpillers his Favourites their care is not how to serve him but to make their own Fortunes But from his Parliament he need not want very plentiful supplies to preserve the Honour of himself and the Kingdom Would he maintain his Dominions and Rights what can his Creatures do but when he closes with his Parliament he can neither want the Heads Hearts and Purses of his People to serve him so that whatever His Majesty would have it is only to be had by his Parliament For his Favourites cannot in the least contribute to make him Safe or Honourable or whatever else a King may want or desire All the Use a King can have from His Favourites is to have Stories and Lies to set him at variance with his People I hope when the Case is laid before His Majesty that he will close with us but if his Judgment is so prepossessed that it will not convince him of his Interest then we must conclude that it is with him as it was with Rehoboam who forsook the Council of the Old Men and inclined to that of the Young Men who councelled him to tell the People that his little Finger should be thicker than his Fathers Loynes And I pray what was the effect of that huffing Speech Why Ten Tribes were taken from him and it was not his Young Men that could recover them for him again neither was it without a Parliament that his Majesty was brought into England I hope his Majesty has not forgot it Let them advise what they will but I am confident they will think on 't a good while before they will adventure to put those Arbitrary Councils into Execution it will prove a hot matter to handle For though I hope no Man here will lift up his hand against His Majesty yet we may oppose any Man that does seek to invade our Properties And for my own part I will Pistol any Subject be he the greatest in England that shall in deavour to deprive me of my just Right Let us do what we can to effect an Union between the King and his People and leave that Success to God Almighty and his will be done A SPEECH On the Occasion of some JUSTICES Being put out of COMMISSION I Was in hopes that some Gentlemen would have prevented me in what I have to say for I fear the House is under a great mistake as to those Gentlemen of the House who are put out of the Commission of the Peace For it is to speak to that chiefly I stand up I acknowledge that it is an unanswerable thing that other Gentlemen were put out but no doubt it was upon very weighty and warrantable grounds that the Gentlemen of the House were put out For without doubt His Majesty or who he be that advised him to it did think it reasonable and were sensible that we who attend the service of our Country in this place do spend our Time and Money and neglect our own Affairs and therefore when we come home its fit that we have a time of rest and that we be eased both in our Bodies and Purses and be at leasure to settle our own concerns and not that we should be tossed from one chargeable and troublesome Imployment to another So that we have great cause to be thankful for the care that is taken of us Besides there is a further regard had to us for this is a
meritorious to promote their Religion without regard had to the way or means of effecting it though it be by Butchering their King Murthering Father or Children prostituting their Wife or overthrowing the Government Be it never so unnatural or repugnant to Gods Commands and agreeable to these two are all the rest of their Principles So that I would fain see how it is possible to live in quiet with a People whose Religion obliges them to destroy all Converse or Humane Society to Murther their Neighbours Assassinate their King and Subvert the Government when it is in their Power for my part I cannot see how they can or are fit to live but with People of their own Faith and belief Brutes and Christians can never live and Converse together for none but Men of their Principles can live in safety with them And agreeable to their Principles has been their Practice all along What Rebellion or to use their own word Commotions have we had but their hand has been chiefly in it I know they would cast the Odium of the late Wars upon the Presbyterians they may well be afforded to lye for their Cause who will do every thing else for it though never so Inhumane or Unnatural they may well deny that Plot when they have the Impudence to deny this and to cast this also upon the Presbyterians but why should they not lye in these cases whose Religion is a Lye But it 's very well known who began the Late War there is no Man but is sensible that the Papists carryed on the business against the Scots It is too notorious that a great Woman imployed her Agents to the Papists to incourage them to contribute to that Work I 'll not name her because of the Act of Oblivion and besides She is dead I believe every one knows who I mean The Papists have renounced the Government they have forfeited the Benefit they might have by the Laws in that they will not take the Oaths of Allegiance and Supremacy or when they do swallow them it is with such Mental Evasions that they don't think themselves to be obliged or bound by them which in effect is a denying them and what are these two Oaths but a reasonable Security that the Government requires them and all others to give and he that denyes to assure the Government that he will to the best of his power maintain it does in plain English acknowledge another power and that when he has an opportunity he will do his best to destroy this and bring in that Is that Government obliged to preserve them who will destroy it Are they to have any benefit of the Laws who will not obey them They have renounced the Government they have denyed the Kings Authority and therefore they are to be used as Enemies to both and then what severity is it to banish such People For what must we do It 's plain that whilest they are here we shall never be in quiet there is something in their Religion that obliges them to be unquiet for what reason had they at this time to plot or disturb us had not they all things at Hearts-ease they cannot expect to be in so good a condition if they had a Prince of their own choosing they were free from all chargeable and troublesome Imployments and Offices their Estates were not burdened with the Forfeitures due by Law an easie hand was layed upon them and the way to preferment was by being of their Religion they had got into almost all the profitable Imployments they were above and we below they had what they desired and yet all this would not do But if this be too much then let us do with them as the Children of Israel did with the Gibeonites they had made a League with them that they should live amongst them but least they might do them harm They made them Hewers of Wood and Drawers of Water Joshua 9. notwithstanding the League And if the Papists must live amongst us let us give their Estates to the King to ease our own and reduce them to such a Condition that since they will not live at peace with us let us put it out of their power to hurt us If they must live amongst us and have their Estates I shall humbly propose that we may know them let them wear a particular Habit or carry some Mark whereby they may be distinguish't from the rest of the Nation In Rome the Whores wear a peculiar Garb In the time of a Plague we set a Mark upon the House that is Infected and shall these People have none who are the Pest of the Land it 's to them that we owe all our Disquiet and let us know how to avoid them I cannot think of any other way how to be secure against them we have no great benefit by convicting of them kissing goes so much by favour and they are so tender a place that this Man and the other is pickt out to be exempted from the Penalty of the Law there is such Picking that few are left These are my Thoughts and if any thing I have proposed may be of use I am very glad of it if not I hope I shall have your Pardon for troubling of you A SPEECH OF THE CORRUPTION OF THE JUDGES THere is not under the Sun a better if so good a Government as ours But the best constituted Government in the World is subject to one great fatality and that is whatever benefit we have by the Laws at least most of the Priviledges we enjoy by it depend upon the Will and pleasure of those who are to see to the execution of the Laws For Laws that are not put in execution are vain and empty things signifying nothing for Execution is the Life of the Law and without that they are a dead Letter Laws unexecuted are not far unlike to a Gun which if rightly used is a Weapon of great defence but otherwise of no great use and if it be charged it may do much mischief unless it be levelled at the right mark So our Laws if they are not executed what advantage arises to us more than from a wast paper And if they are made use of yet if they are not directed to their proper end they may hurt those they ought not So that it is out of doubt that they who are intrusted with the execution of the Laws it is an indispensable duty incumbent on them that they take care not only that the Laws be duly put in execution but also that they pursue their proper end and design in short that neither the Innocent be condemned nor the guilty acquitted Therefore the execution of the Law is so clear and undoubted a right of every Subject that no power whatever can dispense with it And they whose Duty it is to see it done if they either pervert or hinder the Law from having its course are highly criminal and ought to be called to a strict account
about it Having said this I will in the first place tell you something of the Law in this case and next give you some account of the practice of our Judges and other Officers of Justice and then let any Man say if he can whether the Nation at this day has not great cause to complain Currat Lex Fiat Justitia is the Life and end of our Government and when the Law has not its Course and Justice is not done then there is a dissolution of it And he that will peruse my Lord Cooks Exposition upon Magna Charta shall find that it is a Fundamental and Ancient Right of the Subject that Justice is not to be delayed or denyed In the second part of my Lord Cooks Institutes the 11th chap. on Magna Charta he tells us lest any Party that hath right should be without remedy or that there should be a failure of Justice therefore Statutes are always so to be expounded that there should be no failure of Justice but rather than that should fall out that Case by construction should be excepted out of the Statute In the 29th Chap on Magna Charta Nulli negabimus aut differemus Justitiam vel ratum and that by no means Common Right or Common Law should be disturbed or delayed no though it be commanded under the Great Seal or by any Command whatsoever either from the Ring or any other and this is backt or seconded by a Statute made the Second of Edw. III. chap. 8. which says thus That it shall not be commanded by the Great Seal nor the Little Seal to disturb or delay Common Right And though such Commandments do come the Justices shall not therefore leave to do Right in any point In his 2d Chap. on the Statute of Gloucester he calls Delay the great Enemy to Justice In his 24th Chap. on Westminster 2d Ne querentes recederent a curia sine remedio And that is supported by a Statute made the 13th of Edw. I. Chap. 50. where it tells us that no Man shall depart from the Kings Court without remedy In the 25th Chap. on Westm 2d Dominus Rex Voluntatem habens ut celeris fiat Justitia And the reason hereof is given for Expedit Reipublicae ut sit finis litium And by a Statute made the 9th of Hen. III. ch 29. It is enacted that Justice shall not be denyed or deferred Therefore having said this I think I need say no more to prove that Justice or Right is not to be sold deny'd or delayed And let any Man deny if he can whether our Judges have not transgress'd in all these Has not Justice been Sold and perverted Witness the Acquittal of Sir George Wakeman Sir Tho. Gascoines and Mrs. Cellier Has not Justice been denyed Witness the abrupt dismissing of the Grand Jury when an Indictment was to have been given in to have proved the D. of Y a Papist and to prevent that great service to the Nation the Jury was dismissed notwithstanding they had several other Bills of Indictment in their hands by which Justice was not only delay'd but deny'd And how many Instances more are there of this kind Nay the Contagion has spread so far that it is more difficult to find a Case without these or some of them than to produce multitudes of Cases where Justice has been Sold Deny'd or Delay'd So that our Judges have been very Corrupt and Lordly taking Bribes and threatning Juries and Evidence Perverting the Law to the highest degree turning the Law upside down that Arbitrary Power may come in upon their Shoulders The cry of their unjust dealings is great for every Man has felt their hand and therefore I hope their punishment will be such as their Crimes deserve that every Man may receive satisfaction It 's so long since K. Alfreds time that possibly what was then done is out of their thoughts for my Lord Coke in the third part of his Institutes chap. 101 makes mention of a great many Judges who were hanged in one year for false Judgment in K. Alfreds time and if we look into the punishment of a corrupt Judge which is recited by him in the 224 page it might be sufficient to deter any Judge who has either any Christianity or Morality from offending in the discharge of his trust but it may be some wonder that they have forgotten what happen'd in the 24th of Edw. III. concerning William Thorp Chief Justice what a severe punishment he underwent for Bribery all which may be seen at large in page 223 3d Part. And also so that of Tresilian and Belknarp with others their Fellows who were all Attainted by Act of Parliament 2d of Richard II. which was afterward confirmed by the 1st of Hen. IV. A Man would think that these cannot be forgotten but as the case stands their Memories are to be refresht by condign punishment and they very well deserve it for my Lord Coke in the fourth part of his Institutes says chap. 13. That when particular Courts fail of Justice the General Courts shall give remedy Ne curiae Regis deficerent in Justitia exhibenda So that what a condition are we in when those Judges that are to relieve against the injustice or delay of Inferiour Courts do turn Merchants of the Law and will not do right for when they are corrupt how shall we escape but all Inferiour Courts will follow their Example therefore in my opinion this Matter ought to be searcht into and if there prove such faults as are complained of we can do no Iess but punish the Offenders and prevent the like for the future least we otherwise seem to countenance their actions for if we do not punish them we approve of them From which Good Lord deliver us And now I am speaking of Judges and their misbehaviour give me leave to acquaint you with the grievance of the County for which I serve in relation to our Judge or Chief Justice The County for which I serve is Cheshire which is a County Palatine and we have two Judges peculiarly assign'd us by His Majesty Our Puisne Judge I have nothing to say against him for he is a very honest Man for ought I know But I cannot be silent as to our Chief Judge and I will name him because what I have to say will appear more probable His Name is Sir George Jefferies who I must say behaved himself more like a Jack-Pudding than with that gravity that beseems a Judge He was mighty Witty upon the Prisoners at the Bar he was very full of his Joaks upon People that came to give Evidence not suffering them to declare what they had to say in their own way and method but would interrupt them because they behaved themselves with more gravity than he and in truth the People were strangely perplexed when they were to give in their Evidence but I do not insist upon this nor upon the late Hours he kept up and down our City
boasted most of Prayers and Tears when they have been touch'd by Arbritrary Power have found those things to be of no more force with a Prince that had will and means to be Arbitrary than the Cords on Sampson's Arms and then have they been very willing to make use of more violent applications For those who value themselves most upon this sort of Loyalty are generally such as are unconcern'd for the publick provided they can make themselves safe and may well be compar'd to the Fox in the Fable who having lost his Tail would have perswaded the rest to cut off theirs They that will not lift up their hand to save their Country are as much to be condemned as the Inhabitants of Meroz who were curs'd bitterly because they came not to the help of Lord against the Mighty Judges 5. v. 23. K. J. had so disjointed and made such havock of the Government that the first step towards the repairing our breaches was to lay him aside not out of any particular dislike to his Person but to his actions because what he had done was not to be suffer'd in any other Man for whoever shall hereafter do the like must expect the same measure K. J. being deem'd unmeet to sway the Scepter the next thing was to consider whether it was better to turn the administration into a Regency or clse to elect another in the Room of K. J. and after some time spent therein it was resolv'd as the best to place some other on the Throne because as that did make the least alteration that could be so whatever was amiss in the State would more easily be rectified than by another Method that was proposed Upon this give me leave to make one observation That altho' a Regency and a Common wealth are the same in effect being but several Names for the same thing yet there prevails an opinion where one would least suspect it That those who were for a Regency are the only men for Monarchy and that those who were for continuing the Administration under a King are for a Common-wealth how this opinion can be consistent with it self I do not apprehend unless that whatever is done for the good of the people brings us so much nearer to a Common-wealth and if so Kings will find it to be their interest as well as their duty to make their Administration easie to the people It being resolved to fill the Vacant Throne the Prince of Orange was presently thought on as the fittest of all others for the purpose not so much for having been the chief instrument of our deliverance tho a great deal was due to him from the Nation in point of gratitude But the Crown was offered to the Prince of Orange in hopes of having the effect of his Declaration for as it was his interest to perform what he had therein said and promised so the Nation was more likely to obtain a full redress of its grievances by him than by any other for he had the example of King James fresh before him he could not but very well apprehend that what could not be indured in King James would not be suffered in any other he knew very well that the Nation expected to have his Declaration made good to the full as well because he had promised as also because of the right they had to have their greivances redressed and that so far or so long as any part of it was denyed or delayed so far would the people be disappointed and think themselves deceived He could not but be sensible of the reproach and hazard he ran that having found fault with King James's Administration if he did not amend whatever was amiss and that to trifle with the Nation in any one particular would render all the rest suspected of what he had said or promised He told us in his Declaration that 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 their Laws Liberties and Customs This so true a principle that he who governs accordingly cannot fail to prosper in all he puts his hand unto and he that says so and knows and understands what he says yet does not act accordingly cannot expect the love of his people He was very sensible how distastful a standing Army is to the Nation and much more when a considerable part of it is comopsed of Foreigners and that to increase the number of Foreign Troops would very much alarm the Nation unless it was by reason of scarcity of our own people or want of such as durst fight or for some such necessity and therefore to remove those apprehensions he promises to send back all the Foreign Forces he had brought along with him as soon as the State of the Nation will admit of it He promised to bring Ireland to such a state as that the Protestants and British interest may be there secured considering no doubt that as Ireland is the backdoor to England he could not be thought to be in earnest as to the good of England so long as he neglected the settlement of that other Kingdom because England can never reckon it self safe so long as things are out of order there having reason to sâ—spect that the irregularities in the Administration in Ireland will sooner or later affect England Lastly He promises to concur in every thing that may procure the Peace and happiness of the Nation which a free and lawful Parliament shall determine so that there may be no more danger of the Nations falling at any time here after under Arbitrary Government When the State is distempered a Parliament is so absolutely necessary that it is scarce possible to cure it without one but then that Parliament must be a free and lawful one as well in the manner of electing it as afterwards in their proceeding for if there be any foul play or underhand practice in the Elections or that when the Members come together they are over awed or corrupted this may have the name but nothing of the nature of a free and lawful Parliment and is like Physick ill prepared or applyed does more hurt than good In curing the distempers of the Government such reformation must be intire without any reserve for if any gap is left it will quickly let in as many irregularities as were before complained of for unless the very root and foundation of those distempers be removed it will prove no better than the skinning over of a Sore which whilst it seems fair to the eye is festring within and afterwards breaks out with greater Violence Upon a Revolution where the Government is Monarchical one of these things usually happens either that the King is continued in the Throne upon a new stipulation or contract between him and the people or else the Administration is put under a Regency
without the Law but that he might imploy his power to an ill end and those then that incourage arbitrary inclinations in their Prince are guilty of all the Oppression and Violence that he shall commit The Law is the best hold both of King and people for it 's their mutual and only interest which soever of them lets it go will have much ado to preserve themselves for never did any stand long that parted with it when the King forsakes the Law he ceases to be King and makes room for another that is more righteous than himself and therefore because he endeavoured to set his will above the Law was the late King James set aside and I am perswaded with all the Justice in the World Thus I have indeavoured in a few words to detect the unreasonableness of this arbitrary Doctrine and indeed the great Asserters of it at last discovered what was the true principle that guided them they had very honestly prescribed a rule for others which they could not practice themselves like the Pharisees who were reproved by our Saviour for laying heavy burdens upon others that they would not touch themselves Our Loyal men were very well pleased with arbitrary power whilst they might be imployed and lord it over their neighbours they little dreamt that the wheel might go round for no sooner did they see that this power was like to be exercised upon themselves but they changed their note all their encomiums upon King James were turned into the most bitter invectives that their wit could invent and their threatnings which they used to breath out against the Dissenters were turned into words of Vnity and Reconciliation I will not affirm that the mercenary principle of preferment made them so zealous for Prerogative but this is most certain their zeal never abated till they saw that other people were like to come into play and then they were as forward as any to explode the Doctrine of Non-resistance and to wish success to the Prince of Orange But since King William does not think fit to employ them nothing will serve their turn but King James And because they cannot for shame talk any more of their unshaken Loyalty they have wholly laid aside that word and now their mouths are filled with nothing but the Church and considering that they refuse the Oaths and indeavour to throw all the contempt they can upon this Government therefore in their sense the Church and this Government are two distinct interests and King James a profest bigotted Papist is more likely to support the Church than King William who is a Protestant and thus they demonstrate their care for the Church and if it be not because King William won't put them into imployment I can't imagine why they should be so averse to him unless it is because his Government is more Just and Mild and that he Governs more by the Laws than any of the four last Kings Gentlemen Your inclinations to the Government is not to be question'd yet in regard it has been indeavoured to be so much traduced it may not be improper to say some thing of it Every King of England receiving and holds his Crown upon condition to Govern according to the known and approved Laws of Land for by what means soever he may come to the Crown he can hold it by no other means than by making the Laws the measure of his Power and when he forsakes that good old way he ceases to be King and Male Administration is a forfeiture of his Crown This was the opinion of our forefathers as appears by the many instances of those Kings that have been Deposed for their evil Government And those who have succeeded them have still been acknowledged and obeyed as rightful and lawful tho the other were alive For when the Throne is vacant it naturally comes into the hands of the people because the original dispose and gift of the Crown was from them therefore whoever they place upon the Throne has as good a right to be there as the first King that wore the Crown No Government can want a power to help it self and therefore when the King has set his will above the Laws what other means has the people left but their Arms for nothing can oppose Force but Force Prayers and Tears are our proper applications to God Almighty but signifie but little with an Arbitrary Prince who will be rather confirmed in his purposes when he finds that he is like to meet with no other opposition But this opposing the King with Arms is not justifiable for every wrong step or miscarriage of the Prince save only in cases of extremity when it 's obvious to every man that the King has cast off his affection to the Common Good and sets up his will in the place of the Law and thereby rendered himself unmeet to sway the Scepter For this reason was King James deposed and therefore is this present Government justified to the last degree by very good reason and the constant practice of our Fore-fathers in the like case For long before King Charles dyed the Nation was very apprehensive of the mischief they should be exsposed to if in case the Duke of York should get into the Throne and he had not long been in possession of the Crown before he convinced the world that those jeers and apprehensions were not groundless for he quickly became so exorbitant in the exercise of his power that the Nation grew very uneasie under him where upon the Duke of Monmouth landed in order to deliver us from that which the Nation had so much cause to fear and it did not please God to give him success Yet I am perswaded it was not by reason of the justness of King James 's Cause that God permitted him to prevail for some years but that he might fill up the Measure of his Iniquities and all the Earth might see how justly he was Deposed To recount the particulars of his Male-Administration would take up too much of your time and therefore I will only say this in short That he had so notoriously broken the Constitution of this Government to set up Popery and Slavery that the Nation was necessitated to rise in Arms and by as good right did they take the Diadem from his Head as he ever had to claim it for he having rendered himself unmeet to sway the Scepter the Crown thereby fell into the hands of the people and where then could they so well and properly dispose of it as to set it on his Head that so generously and opportunely came in to our assistance at a time when the Nation lay gasping and just ready to expire with the weight of Popery and Arbitrary Power What horrible unthankfulness to God and ingratitude to King William is every man professing the Protestant Religion guilty of who is disatisfied with the present Government For I would ask any of them what else could have been done to bring
In my poor Opinion I do not apprehend that a King who comes to the Crown by Election should think worse of his Title than if he had come in by Succession nor that the People should suspect that they hold their Properties and Rights more precariously under a King that is Elected than under one that claims the Crown by Succession but rather the contrary For the People are under a more immediate Obligation to stand by and support the King they have Elected than any other that takes the Crown by Succession and on the other hand it more highly impowers him as well in point of Gratitude as policy to preserve the good Opinion of the People by Governing well than if his Title were by Succession For I am far from believing that a King who comes in by Election may make more bold with the Laws than he that claims under any other Title or that his Right to the Crown continues longer than by his Administration it does appear that his Interest is the same with that of the Nation The next Deceit by which the Nation was to be gulled into Popery and Slavery was by fomenting Divisions among Protestants and especially about the Terms of Communion making them so strict and narrow as to exclude the greater part of the Protestants in England and four parts in ten of the rest in the World That this was not to promote Gods Glory and Salvation of mens Souls but to serve some wicked Design is clear to me for these Reasons First Because the Laws against Dissenters were stretcht and executed beyond their genuine and Natural Intent or Constitution Where fair play is intended such Tricks are altogether needless but dayly experience proves that when they are made use of something else is designed than what is pretended True Religion needs no such Methods to support it the Nature of which is Peace and Charity And besides such forc'd Constructions being nothing less than Summum Jus are abhorred by our Law and it terms it to be no less than the highest Injustice The Second Reason for my Opinion is because that several Laws were put in Execution against the Dissenters which are plainly and directly made for other purposes by which the Law it self suffered Violence and so made it evident to every man that had a mind to see that some foul design and not the Church was at the bottom of the Business Another Reason is this Because more diligence and care was imployed to punish people for Nonconformity than to reform their Lives and Manners For if a man was never so openly wicked and debauched and Scarcely if ever saw the inside of a Church yet if he could talk aloud and swagger for the Church storm against and pull Dissenters in pieces he was cryed up as a good Son of the Church an honest man and truly affected to the Government whilst those who could not come up to the Ceremonies injoyned by the Rubrick tho' their Lives in all other respects were upright and their Conversation unblamable yet were called Villains and Rogues and Enemies to the Government as if the outside and Ceremonious part of Religion was more to be valued than the Substance and Essence of it which puts me in mind of a Play where this Nonsensical Zeal is very well exposed Spanish Fryer I could never yet meet with any precept in all the Gospel that does justify such Proceedings as I have mentioned but there are several that expresly condemn it to me it seems altogether inconsistent with the Charity which is expected to be found in all those that hope to enter into Heaven and it seems to be little less than teaching for Doctrine the Traditions of Men and to add to Gods word which is prohibited under no less a penalty than that of Damnation I am far from being against Order and Decency to be observed in the Church yet under that pretence we are not to forget the Rule of Charity and I cannot see wherefore those things should be made Terms of Communion That are not Terms of Salvation I was always of that Opinion that it would never go well with England till every man might worship God in his own way for nothing can be more unreasonable than to expect a man should believe otherwise than according to the Conviction that is upon him And therefore I cannot but wonder at those who take Offence at the Act of Indulgence which tends so much to our peace by quieting the Minds of People as to their Religion which has ever been the handle for our Intestine Troubles the Incendiaries of the State having ever made use of it as the best pretence to imbroil the Nation and therefore I for my part do think the Act of Indulgence was a necessary and pious Work and cannot imagine why any man should think that to be a Disservice to the Church that tends to the Peace of the Nation they that do I must believe they are not much concerned in the Cause of the Church and their Country and care not what is uppermost provided they can make fair Weather for themselves Therefore Gentlemen if any speak to the Disadvantage of the Act of Indulgence you ought to present them as disaffected to the Government and Sowers of the Seed of Divisions in the State But I desire to be rightly understood I don't say this to diswade any man from coming to the Church for I go constantly thither my self I wish every Body could do it as easily as I do and I wonder it is otherwise for I never yet heard any good reason for practicing the contrary yet I think unless a man be satisfyed in that way of Worship it is better to keep away than to come for otherwise it is to mock and not to serve God and on the other hand it is no less a mocking of God when a man from an over Assurance of the gift of Prayer shall adventure to Pray in Publick without having before-hand well digested his Matter and Words and thereby happen to let fall crude naucious Expressions such as would be ridiculous in Conversation for I am far from believing that Nonsence can be the Effect of Fervency but rather of Affection or something that is very despicable And here it will not be improper to take Notice of those Persons who go to no Church at all but spend the Sunday in an Ale-house or otherways idle it away very unprofitably Against such as these was that Law of Twelve pence per Sunday intended and were it duly put in Execution a great deal of that dishonour that is done to God by such Prophanation would be prevented and the poor would be relieved with less charge to their respective Parishes I wonder that the petty Constables are not more careful to make a true Presentment at every petty Sessions of those that herein offend the Glory of God and their own Interest being so immediatly concerned therefore Gentlemen I doubt not
and corruption of Blood a severer Punishment cannot be impos'd than to be Fin'd more than a man can pay and to lye in Prison till he does But if some great Cases did happen which could not be foreseen it was always usual with the Judges when any such Case came before them to adjourn it to the Parliament which had been needless if they could have punish'd at the rate that our Judges have of late done Fifthly Because where-ever the Law has set down a Fine either by way of Punishment or Caution it seldom exceeds 2000 l. Nay even in that tender place of Liberty if a Judge shall not relieve with an Habeas Corpus but let the person languish in Prison yet the third Offence is but 2000 l. Penalty and I suppose that that is but inconsiderable in comparison of what any of the Judges are worth yet it being taken as a Punishment is by the Law look'd upon as a great Sum. Sixthly Because the Law of England being a Law of Mercy and very careful to prevent Violence and Oppression and to that end having for almost every Offence appointed its particular Punishment it cannot be suppos'd to have left so great a power in the Judges as they have exerted in this Case True it is some things are left to their Discretion because it was not possible to foresee every particular Case that might happen yet they are things of the least size that are so intrusted to their Judgment for as was said before matters of any considerable moment were still refer'd to the Parliament as also the review of what the Judges should do in those lesser matters which were left to their Discretion As these Proceedings are a great Wrong to the Subject so are they no less a Disadvantage to the King because they will make his Government look very rigid and severe and gives it a grim fierce Countenance which tho' I don't say that it will make the People rebel yet I am apt to believe that it will set them upon their guard its fair and gentle usage that prevails upon reasonable and free-born Men it 's an easie Government that will bow the Hearts of the People of England for says the Statute P.M. That the Estate of a King standeth more assured by the love of his Subjects than in fear of Laws so that the King will be on the losing band by these proceedings because it spoils the complexion of his Government And the King will yet be a farther Sufferer for if 30000 l. be the price of a Blow it will make White-hall very empty for he that goes thither must approach it with fear and trembling because he does not know but he shall be ruin'd before he comes thence for though a man arm himself with all the Resolution he can yet it cannot be Proof against the Contrivance of those that intend to do him a Mischief especially if he is not upon very good terms at Court there will never want those who will endeavour to draw him into the Snare hoping to merit by it though perhaps they mistake their aim yet however Revenge that is so sweet will be greatly encourag'd to provoke him because he cannot hope to reek his Malice so plentifully as this way because if his â—â—â—â—mpt succeed the other is ruin'd nay if he do not strike but only defend himself yet if the Judges don't like the Complexion of the Man they will call the Fox's Ears Horns and lay all the Blame on his Back and pronounce him more guilty that looks over the Hedge than he that steals the Horse Since the Business of my Lord Devonshire happened I have heard him blam'd as the Author of his own Misfortune and that he drew the Mischief upon himself and the Reason given was because he ought not to have gone to Court for said they he knew there were many there who wish'd him ill and therefore sooner or later he would meet with an Affront and if he once fell into their Hands he must expect no Quarter because Coll. Culpepper who without any provocation of my Lord's part had so unnecessarily fallen upon him and had by drawing Blood upon my Lord forfeited his Hand yet not only that but all the rest of the Judgment was pardoned and therefore as well that as this are look'd upon as businesses that were laid But in saying this I only tell your Lordships what is said without doors and I don't speak it as my Opinion but setting the tattle without doors aside I do conceive that can never be a just Judgment which injures the King as well as the party that is punish'd But the true nature of my Lord Devonshire's Offence has not yet been throughly considered the Law does in all cases give great Allowances to what is done on a sudden heat where there does not appear any Premeditation and for this Reason when a man is indicted for Murder if upon the Evidence there does not appear Malice prepence either express'd or imply'd the Party accused shall have his Clergy and for the same reason though it be Death to maim or disfigure another yet if it be done on a sudden heat the Party shall not dye for it for in these and the like cases the Law thinks him to be more blame worthy who gave the Provocation than he that was so provok'd because it was not the effect of an evil Mind but of Passion Et actus non sit reus nisimens sit rea If therefore it be true which I have heard That the King promised my Lord Devonsh that Coll. Culpepper should never come to Whitehall it will then follow that my Lord Devonshire's striking Coll. Culpepper was the effect of Passion and not of Intention because he could not expect to meet him where he did If so I conceive with submission that the Punishment and Offence don't in any measure bear proportion But I am perswaded that the Judges were resolved upon what they have done before they heard the Cause in case my Lord was found guilty and the rather because my Lord Chief Justice was harranguing the Offence beforehand for when my Lord Devonshire appeared 6. May he told him that to strike in the King's Palace was little less or next door to pulling the King out of his Throne Indeed on the last day of the Term he did explain them thus That the Time and Circumstances might be such as it would be little less than the assaulting the King in his Throne But several have told me who heard him and they say The first words of Time and Circumstances were not mention'd by him 6. May and in particular a Noble Lord of this House is one from whom I had my Information and if it were so those words savour too much of a prejudging the Cause There is no doubt but in case of a Fine set the Court may commit the Party in case of obstinacy for not paying the Fine into Court yet this is to be taken
every one of us make let us never forget how short and uncertain our Lives are that we know not the number of our days that a time is set which we cannot go beyond and that we are not sure of our lives one moment that as the Tree falls so it lies that as Death overtakes us so Judgment will find us Therefore let us be so prepared for our change that whenever Death comes it may neither surprize us nor be unwelcome Wean our Hearts and Affections from the things of this World and fix them upon those that are more solid and permanent let us see how vain uncertain and unsatisfying they are let us remember that they are only lent and not given us and that when they are taken from us no wrong is done and therefore so long as thou art pleas'd to allow us the enjoyment of them let us thankfully receive them and carefully employ and improve them and when we are depriv'd of any of them let us not repine but in all things learn and practice a Submission to thy good pleasure Good Lord we beseech thee to bless our King and Queen in making them ever mindful for what end they were raised to so high a dignity as to sit on the Throne of these Kingdoms namely to promote thy Glory and the good and welfare of their People let them see that this only is their best Interest and that nothing can make them so great and happy as by being zealous therein Let them with their Eyes drive away from their Throne all those that would draw them aside from thy Glory or the Good of their People and teach them the things that belong to their Peace And be gracious we humbly beg of thee to this poor Land and Nation make it happy in a long and prosperous reign of our King and Queen let all their Subjects conscientiously do their Duties in their several stations uphold every man in his Integrity that seeks thy Glory or wishes the Good of his Country let them not be dismaid when they see things go contrary to what they apprehend or wish they should do let them remember that though there be many Devices in a Man's Heart yet that the Counsel of the Lord that shall stand that God will bring about his own work in his own way and accomplish his pleasure in his appointed time and when that time is come he will not want Instruments to effect his purpose and let us learn that the wisdom of Man is foolishness with God for he can take the Crafty in their own Devices Therefore howsoever publick Affairs may move for the present let every one of us be diligent in our stations as we have opportunity let us patiently stand still and see the Salvation of God and submit to his good pleasure whatever it shall be And let thy Blessing rest upon this Family lift up the light of thy Countenance upon us and love us freely as it is a Family of note and eminency so make it remarkable for sobriety and good order and as it is above others so let it be exemplary for the good Conversation of every Member of it and thereby give occasion to others to glorifie thee our Father which is in Heaven Let us all be disposed to do that which is good and acceptable let those that are to instruct others be careful to walk suitable to the Precepts which they teach and those that are to learn let them be enclined and willing to receive Instruction Let us all do our Duties faithfully and honestly not with Eye-service like Brutes but as Rational Creatures that know how to chuse the good and refuse the evil And visit with thy Mercy we beseech thee all the Sons and Daughters of Affliction relieve them according to their several necessities lay no more upon them than they shall be able to bear sanctifie thy Hand to every one of them and in thy good time put an end to their Sufferings Let thy Correction be that of a loving Father for their amendment but not for their destruction and sanctifie all thy Visitations to us in particular Let us not repine at thy good pleasure if thou with-holds any thing we want or deprive us of any thing we already possess let us still say the Lord is righteous but we are less than and unworthy of the least of his Mercies the Lord gives and the Lord takes away and blessed be the Name of the Lord. Make us of a holy and humble Temper let it be our chief care to glorifie thee knowing that those that love and fear God are sure to want no good thing which he finds to be meet and convenient for them Teach us O Lord to order our Conversation aright Let us daily press after the price of the High Calling that is in Christ Jesus so that at the last we may attain to that blessed place of Rest where we shall have no more Want or Sorrow but to all Eternity sing Praises and Hallelujahs with the Father Son and Holy Ghost to whom for ever be ascrib'd as is most due all Honour Glory Might Excellency and Dominion both now and for evermore Amen OH Eternal Lord God thou art holy just and upright and of purer Eyes than to behold Iniquity with the least approbation how then shall we dare to presume to lift up our Eyes or Hands unto thee which are so full of all manner of Defilement and Vncleanness Our ways have been perverse and crooked before thee and the Thoughts and Imaginations of our Hearts have been evil only evil and that continually with the ungrateful Lepers we have neglected and forgotten to return thee praise and thanks for thy Mercies and Benefits which thou with so open and plentiful a hand hast bestowed upon us We have not been careful to improve to thy glory the opportunities and talents that thou hast put into our hands we have forgot our vows and promises of better obedience have dealt deceitfully with thee in thy Covenant and started aside like a broken Bow by all which we have forfeited all the right and title that we might otherwise have laid claim to in thy favour and have rendred our selves the objects of thine eternal wrath and displeasure But thou O Lord who hast declared thy self to be a God pardoning Iniquity and to delight in Mercy not willing that any should be damn'd but that all should come and be saved regard us we beseech thee not as we are dead in Trespasses and Sins but look upon us in and through the Merits of our Saviour Christ Jesus who has paid a sufficient price for the Offences and Transgressions of us and of all the World having redeemed us by his most precious Blood give us such a steddy Faith in him that we may with considence approach the Throne of Grace oh pardon our Sins and do away our Offences for his sake we acknowledge we have offended and done that which is exceeding sinful in
thâ— sight yet be not extream to mark what we have done amiss and enter not into Judgment with thy Servants but in Mercy consider whereof we are made and remember that we are but Dust encompass'd with Frailties and Infirmities and so prone to Evil that of our selves we are not able so much as to think a good Thought therefore cleanse and purifie us both in Body and Mind that we may be able to do that which is acceptable in thy sight take away the reigning power of Sin that our Wills and Affections may be brought into obedience to the Law of Christ and let the time past suffice us to have wrought the will of the Flesh raise up our thoughts and desires Heaven-wards and convince us of the emptiness and vanity of these sublunary Enjoyments that we may not be drawn aside by them let us use this World as if we used it not and consider it but as a Passage into Eternity let us ever be mindful of the Snares and Temptations that lye in our way and that the Devil as a roaring Lyon walks about continually seeking whom he may devour that he is crafty and subtile and knows how to suit his alurements and wiles to the temper and inclination of every one of us give us Grace to resist him and Power to withstand and conquer all his Devices strengthen us with Grace in the inward man that we may be able to present our selves before thee at the great day of account holy and acceptable in thy sight And to that end let us be daily searching and trying our ways and doings that we may find out our weaknesses and infirmities and discover the Sin that does the most easily beset us and then let us meekly and earnestly beg thy gracious assistance against them and be thou found of us we humbly pray thee oh most merciful Lord God Let us be daily making an even reckoning with thee by Repentance and let it be sincere and from the Heart convince thou us of the danger of a late or Death-bed Repentance make us mindful of our short and uncertain stay and abode here let us be ever mindful that the young dyes as well as the old the healthy as well as the diseased let us not presume upon our Constitution or Youth but remember that the time of our departure is set and that after death there remains no more atonement for Sin Therefore O Lord we entreat thee to make us wise unto Salvation that at what hour soever the Master comes we may be found doing his Will and then receive the Reward which thou hast promised to those whom thou shalt find so doing Look down in mercy upon this poor Nation prevent those Judgments which our Sins and Transgressions have called loud for against us and cause thy Face to shine upon us and to that end be merciful to the King that he may see his true Interest and let all his Designs and Consultations be directed to the advancement of thy Glory and setling the Peace of this Land let no weapon formed against this ancient Government prosper and turn the designs of all those who have Evil to our Sion upon their own Heads with shame and confusion to the manifestation of thy Glory and the Comfort of those who wish her well and to all those whom thou shalt call out to have a share in the administration of affairs give them Understanding to see what they ought to do and say and Courage to reveal what thou shalt put into their Hearts and do it with an honest and upright intention that they may have cause to hope for thy Blessing upon their Endeavours and let us all learn to fear thee and in our greatest difficulties to look up unto thee and not to depend on an Arm of Flesh make us a People zealous of good works and let Holiness to the Lord be engraven upon us And bless us also of this Family all those that are related unto it and those for whom any of us may be in a particular way concerned for give us Grace to walk humbly and with obedience before thee let us in our several employments and stations study to do our duty conscientiously setting thee before us in all our Actions add unto us the good things of this Life bless our Basket and Store and so thankfully receive and carefully bestow them that they may be Blessings and not Snares to us let us whilst we are here live to thy praise and glory and be such eminent Patterns of upright living that others seeing our righteous conversation may also glorifie thee our Father which is in Heaven And remember we beseech thee all the Sons and Daughters of Affliction visit them with thy Kindness as their several wants and necessities do require support them under thy Hand lay no more upon them than they shall be able to bear and let the chastisement of their Bodies turn to the health of their Souls and enlarge thou our bowels and charity to every Object that needs it let us give without grudging and bless thy Name that we are not in their stead And now O Lord from the bottom of our Hearts we return our praise and thanks for all the Mercies and Favours we have received at thy hands we acknowledge that we are unworthy of the least of them and have not been sensible of our obligations to thee but oh Lord as thou hast hitherto conferr'd them upon us without any Merit on our part so we beseech thee to continue them to us for thy Son's sake Jesus Christ and we desire at this time in particular to offer up our tribute of Praise and Adoration for thy unspeakable goodness to several of this Family in that thou hast deliver'd us from those Fears and Apprehensions we had concerning them Death seem'd to threaten them and the Grave ready to devour them but blessed be thy great Name that didst rebuke their Distemper and hast given us such hopes of their perfect recovery thou wert the needful Help in time of trouble and let us learn by this to look up unto thee in all our distresses Take us this night into thy protection let no Evil approach us but let our Beds be places of ease and of refreshment to every one of us and raise us up in the morning fitted for our several Callings and Duties Hear us O Lord and answer us not according to our demerits and unworthiness or coolness in asking but according to thy love in Jesus Christ to whom with thy self and Holy Ghost be all Praise and Adoration both now and for evermore Amen These following were some Occasional Additions GRacious God who out of thine infinite Goodness dost allow us the favour of coming into thy presence and to make our Supplications unto thee possess us we beseech thee with such a sense and dread of thy Divine Majesty that our Thoughts may be so entirely intent upon the service that we are now to perform that
with anxious Cares to be opprest Being decreed by an Eternal Law In a most tedious irksome Yoke to draw For he must sweat and toyl if he will live From which he never must expect Reprieve Those things that do him 'bove the Beast prefer Serve only for to waste his Days wish Care And make him fondly after Baubles run To seek for Rest and find himself undone His Reason often does to Madness grow His Knowledge does his Scanty Talent show Wretched he is if he abound or want Unceasing Racks the Needy Soul does rent With Food and Raiment only who 's content Or if it chance his Goods do overflow As few they are to whom it happens so The fear of losing what he has destroys The Pleasure of those things which he enjoys For who can call these Earthly Things his own No sooner are they come but they are gone As fleeting and as empty as the Air Are all those things that do employ our Care Thus in one single moment have I lost That which of Earthly Things I valued most For with one fatal stroke Death does destroy The greatest Blessing Man did e'er enjoy How very great a Burthen must I bear Where is that thing that can my Loss repair Her Virtue was above Temptation sure As chaste as Ice no Mixture would endure Safely I might my Honour with her trust Who was in that and all things else so just Not that she wanted any of that Heat That at fit periods fresh Desires create But in all things her self did govern so To shew her Virtue and Affection too So long as I her Conversation had A perfect Calm did then my Days o'erspread So evenly my Minutes still did slide I 'd all the Comfort nothing of the Care Altho' in Wedlock Joy and Crosses are Unto her Care I left my Family Her Prudence of that Trouble did me free And with what Pleasure have I oft beheld Her Conduct which all others so excell'd That Solomon were he to write again The Character of a Wise Matron He 'd see what he had writ had a Defect And by her Copy would his Faults correct What Wisdom and Affection did she show When the rough Storms full in my Face did blow With how much Pleasure she her part did bear Or rather say did take the bigger share And always forward still to interpose 'Twixt me and any Storm when it arose And though the Tempests often were extream I rather saw than felt them when they came Her Children found she 'd all that tender Care Which all kind Mothers to their Infants bear None could seem fonder yet withal did show She did the part of a wise Mother do So equally her self to them addrest That none could tell which of them she lov'd best With pleasing Arts their tender years she woo'd And made them early take delight in Good And she was blest therein with such Sucess It did together with their Years encrease So that it 's hop'd by what 's already past That good Impression with their Lives will last The Poor remember with unfeigned Grief How often by her Hand they 've had Relief Hâ—w many Supplicants did she cloath and feed And ne'r deny'd it any that had Need Her Charity did plentifully flow Yet what she did was not to make a Show Her left Hand knew not what her right did do Gan any doubt whether that she who thus Govern'd her self was not Religious To all that knew her well it did appear She truly did her Great Creator fear She humbly walk'd and yet without Constraint Was not morose nor yet impertinent In serving God her Care was to be seen By him she worship'd nor observ'd by Men An outside Worship she accounted vain A Cheerful Temper she by Nature had And what could then make her reserv'd or sad That had so early made her Peace with God Thus did she live till she was call'd away When the harsh Message did not her dismay The grim-look'd Messenger she did not shun But made him wait till she her Work had done She did a Courage 'bove a Mortal show And in this Act did all the rest out-do So have I seen the Sun who did all day With mighty Splendor his strong Beams display Yet did it not abate when it declin'd But as it sett the brighter then it shin'd Thus did she go to her Eternal Rest That was of Wives nay of her Sex the Best FINIS
dependance by the hand he 'll quickly find himself alone with them For all Men of worth and honour will of their own accord be as forward to quit their Imployments as he is willing to put them out because the tenderness that they have for their reputations will not allow them to mingle with worser men than themselves and the rather because it would give countenance to the irregular and disobliging Methods which may be advised to by the other sort of men And for this they will not be the worse thought on by their Country but like Gold ten times purified they return home with all the advantage that can be and those who honoured them before will then fall down and worship them no Man ever has lost the esteem he had got with the People for being turn'd out at Court it being a great mistake that any Man will be lessen'd in the Opinion of the Nation by being turn'd out of his Imployment either because he gave bold Advice or would not comply against his Judgment or else by quitting of his place rather than by staying to give a countenance to other Mens proceedings for in such Cases the King suffers more in the good Opinion of the People than the Person whom he dismiss'd from his Service and in what a miserable condition is that King who has lost the hearts of his People for nothing on Earth can repair it or be an equivalent and how shall he recover their affections when honest Men are fled from him and none are left near him but such as whose interest it is to keep him at a distance from his People And though he may return to a right mind and pretend and promise never so fair yet the Nation and every honest and wise Man will be Jealous that every advance he makes is only a Masque or Disguise that he puts on and not that his heart is right in the matter Now when ill Men are imploy'd and advanced as well as others The pretence is either because of their great abilities or usefulness or else that in point of Policy it is convenient to make use of all men without distinction for this indulgence will allay heats and put an end to differences and unite all into the same interest whereas if any are left out they are thereby cut off from the Common Interest and only those sort of Men can be depended on who are thus favoured and imploy'd This will not bear so much weight as at first sight it seems to carry Ability or fitness is the first step to preferment and that is a happy Government that considers it in Persons before they are imploy'd but let Men be never so able yet if they are defective in integrity the unum necessarium is wanting for a Man of Ability without Honesty is like a Ship without ballast he cannot move steddily every little wind of advantage carries him to and fro backwards and forwards and he never sticks at any point longer than he can serve himself by it If there can ever be a necessity of making use of an ill Man it must be because his knowledge transcends the rest of Mankind or else because another wise Man cannot be found but England was never yet so barren of able men that there was a necessity of imploying Knaves or Men obnoxious when ever the Nation falls under such Circumstances it is then visited with a sore Judgment To make use of Knaves is ever a remedy worse than the Disease seldom any good but frequently a great deal of mischief ensues upon it and the Ability of any Person if he be a Knave is rather an Argument to avoid than imploy him because by how much the more able he is by so much is he capable of doing the greater mischief To allay heats and animosities to put an end to future differences and to unite all Parties is an excellent design and a great happyness if it could be effected But withall care is to be taken that whilest one storm is laying a greater is not thereby raised and whilest in the conjuring down of one Devil it does not raise two and in the making up of Divisions worser are created thereby and by gaining one Enemy Twenty Friends are lost and nothing seems to lead so directly to it as equally and without distinction to imploy men of all sorts and Opinions and there is another Method that will give less cause of discontent to any Party For it will be agreed That to pardon a Criminal is as great an act of goodness as to reward the good Service of another Person If all have equal Right and speedy Justice impartially be done to every Man this must be confessed to be a Righteous Government and if it be not too extream to mark what is done amiss nor too strickt to measure every Offender a Peck out of his own Sack nor too rigidly to judge every Man according to his own Law this must be allow'd to be a merciful Government and if at the same time the King bestows his favours and imployments only on such as best deserve them where is the injustice or partiality of this proceeding or who can justly take offence at any part of it And therefore when a King does equally and without distinction bestow his Favours and Imployments on all Interests and Parties there ought to be three things in the case First That all Parties are equal Secondly That he cannot depend upon one more than another Thirdly That his Obligations to all Parties are equal Every one of which is very strange when it is so but much more wonderful will it be when they all happen together For as to the first It is not easie to imagine that all Parties will ever be so equal so as that no one will be bigger than any of the rest no more than it can be supposed that all Men will ever have an equal measure of understanding uninterrupted experience proves that it never was so and there is nothing to induce us to believe that it ever will be so For so long as there are either Fools or Knaves there will be difference in the size and strength of Parties and there will be Fools and Knaves till Christs Kingdom comes â—â—s to the second it may be said That it will be a very extraordinary juncture whenever it happens that the King cannot depend upon one Party more than upon another since the reason of it will be this because the Principles of every party will be equally dangerous or advantagious to the King or equally different or agreeable to his this is a remote supposition and cannot be expected on this side the Grave and therefore it will follow that he cannot have a like confidence of all Parties but must depend upon some more than upon others and this dependance will naturally fix it self either on them whose Principle it is to support the common good or else on such as are more disposed to comply with