Prophesies the Reasons urged by the Church of Rome will conclude much stronger that such dark passages as those of the Prophets were ought not to be interpreted by particular Persons but that the Exposition of these must be referred to the Priests and Sanhedrin it being expresly proved in their Law Deut. 17.8 That when Controversies arose concerning any Cause that was too intricate they were to go to the place which God should choose and to the Priests of the Tribe of Levi and to the Judge in those days and that they were to declare what was right and to their decision all were obliged to submit under pain of Death So that by this it appears that the Priests in the Jewish Religion were authorised in so extraordinary a manner that I dare say the Church of Rome would not wish for a more formal Testimony on her behalf As for our Saviour's Miracles these were not sufficient neither unless his Doctrine was first found to be good since Moses had expresly warned the people Deut. 13.1 That if a Prophet came and taught them to follow after other Gods they were not to obey him tho' he wrought Miracles to prove his Mission but were to put him to Death So a Jew saying that Christ by making himself one with his Father brought in the worship of another God might well pretend that he was not oblig'd to yield to the Authority of our Saviour's Miracles without taking cognisance of his Doctrine and of the Prophesies concerning the Messias and in a word of the whole matter So that if these Reasonings are now good against the Reformation they were as strong in the Mouths of the Jews against our Saviour and from hence we see that the Authority that seems to be given by Moses to the Priests must be understood with some Restrictions since we not only find the Prophets and Jeremy in particular opposing themselves to the whole body of them but we see likewise that for some considerable time before our Saviour's days not only many ill-grounded Traditions had got in among them by which the vigor of the Moral Law was much enervated but likewise they were universally possessed with a false notion of their Messias so that even the Apostles themselves had not quite shaken off those prejudices at the time of our Saviour's Ascention So that here a Church that was still the Church of God that had the appointed means of the Expiations of their sins by their Sacrifices and Washings as well as by their Circumcision was yet under great and fatal Errors from which particular persons had no way to extricate themselves but by examining the Doctrine and Texts of Scripture and by judging of them according to the Evidence of Truth and the force and freedom of their Faculties VII It seems Evident that the passage Tell the Church belongs only to the reconconciling of Differences that of binding and loosing according to the use of those terms among the Jews signifies only an Authority that was given to the Apostles of giving Precepts by which men were to be obliged to such Duties or set at liberty from them and the gates of Hell not prevailing against the Church signifies only that the Christian Religion was never to come to an end or to perish and that of Christ's being with the Apostles to the end of the world imports only a special conduct and protection which the Church may always expect but as the promise I will not leave thee nor forsake thee that belongs to every Christian does not import an Infallibility no more does the other And for those passages concerning the Spirit of God that searches all things it is plain that in them St. Paul is treating of the Divine Inspiration by which the Christian Religion was then opened to the World which he sets in opposition to the Wisdom or Philosophy of the Greeks so that as all those passages come short of proving that for which they are alledged it must at last be acknowledged that they have not an Evidence great enough to prove so important a truth as some would evince by them since 't is a matter of such vast consequence that the proofs for it must have an undeniable Evidence VIII In the matters of Religion two things are to be considered first the Account that we must give to God and the Rewards that we expect from him and in this every man must answer for the sincerity of his Heart in examining Divine Matters and the following what upon the best Enquiries that one could make appeared to be true and with relation to this there is no need of a Judge for in that Great Day every one must answer to God according to the Talents that he had and all will be saved according to their sincerity and with relation to that Judgment there is no need of any other Judge but God A second view of Religion is as it is a Body united together and by consequence brought under some Regulation and as in all States there are subaltern Judges in whose decisions all must at least acquiesce tho' they are not infallible there being still a sort of an Appeal to be made to the Sovereign or the Supream Legislative Body so the Church has a subaltern Jurisdiction but as the Authority oâ— Inferiour Judges is still regulated and none but the Legislators themselves have an Authority equal to the Law so it is not necessary for the preservation of Peace and Order that the Decisions of the Church should be infallible or of equal Authority with the Scriptures If Judges do so manifestly abuse their Authority that they fall into Rebellion and Treason the Subjects are no more bound to consider them but are obliged to resist them and to maintain their Obedience to their Sovereign tho' in other matters their Judgment must take place till they are reversed by the Sovereign The case of Religion being then this That Jesus Christ is the Sovereign of the Church the Assembly of the Pastors is only a subaltern Judge if they manifestly oppose themselves to the Scriptures which is the Law of Christians particular persons may be supposed as competent Judges of that as in civil Matters they may be of the Rebellion of the Judges and in that case they are bound still to maintain their Obedience to Jesus Christ In matters indifferent Christians are bound for the preservation of Peace and Unity to acquiesce in the Decisions of the Church and in Matters justly doubtful or of small Consequence tho' they are convinced that the Pastors have erred yet they are obliged to be silent and to bear tolerable things rather than make a Breach but if it is visible that the Pastors do Rebel against the Sovereign of the Church I mean Christ the people may put in their Appeal to that great Judge and there it must lie If the Church did use this Authority with due Discretion and the people followed the Rules that I have named with Humility
consult their own good but he comes only at the time of Enacting bringing his Royal Authority with him as it were to set the Seal thereof to the Indenture already prepared by the People for the King is Head of the Parliament in regard of his Authority not in regard of his Reason or Judgment as if it were to be opposed to the Reason or Judgment of both Houses which is the Reason both of King and Kingdom and therefore do they as consult so also interpret Laws without him supposing him to be a Person replenished with Honour and Royal Authority not skilled in Laws nor to receive Information either of Law or Councel in Parliamentary Affairs from any saving from that supreme Court and highest Councel of the King and Kingdom which admits no counterpoise being intrusted both as the wisest Counsel and justest Judicature Fourthly either the choise of the People in Parliament is to be the Ground and Rule of the Kings Assent or nothing but his Pleasure and so all Bills tho' never so necessary for publick Good and Preservation and after never so much pains and consultation of both Houses may be rejected and so they made meer Cyphers and we brought to that pass as neither to have no Laws or such only as come immediately from the King who oft is a man of Pleasure and little seen in publick Affairs to be able to judge and so the Kingdoms great Councel must be subordinated either to his meer Will and then what Difference between a free Monarchy and an absolute saving that the one rules without Councel and the other against it or at the best but to a Cabinet Councel consisting commonly of Men of private Interests but certainly of no publick Trust Ob. But if the King must consent to such Laws as the Parliament shall chuse eo nomine they may then propound unreasonable things to him as to consent to his own Deposing or to the lessening his own Revenue c. Ans So that the issue is whether it be fitter to trust the Wisdom and Integrity of our Parliament or the Will and Pleasure of the King in this case of so great and publick Concernment In a word the King being made the Fountain of Justice and Protection to his People by the fundamental Laws or Constitution of this Kingdom he is therefore to give life to such Acts and Things as tend thereunto which Acts depend not upon his Pleasure but though they are to receive their greater Vigour from him yet are they not to be suspended at pleasure by him for that which at first was intended by the Kingdom for an honourable way of Subsistence and Administration must not be wrested contrrry to the nature of this Polity which is a free and mist Monarchy and not absolute to its Destruction and Confusion so that in case the King in his Person should decline his Duty the King in his Courts is bound to perform it where his Authority properly resides for if he refuse that Honour which the Republick by its fundamental Constitution hath conferred upon him and will not put forth the Acts of it for the end it was given him viz. for the Justice and Safety of his People this hinders not but that they who have as fundamentally reserved a Power of being and well-being in their own hands by the Concurrence of Parliamentary Authority to the Royal Dignity may thereby provide for their own Subsistence wherein is acted the Kings juridical Authority though his personal pleasure be withheld for his legal and juridical Power is included and supposed in the very being and consequently in the Acts of Courts of Justice whose being he may as well suspend as their Power of Acting for that without this is but a Cypher and therefore neither their being nor their acting so depend upon him as not to be able to act and execute common Justice and Protection without him in case he deny to act with them and yet both so depend upon him as that he is bound both in Duty and Honour by the Constitution of this Polity to act in them and they for him so that according to that Axiom in Law The King can do no wrong because his juridical Power and Authority is always to controle his personal Miscarriages London's Flames Revivd OR AN ACCOUNT OF SEVERAL INFORMATIONS Exhibited to a Committee appointed by PARLIAMENT September the 25th 1666. To Enquire into the BURNING of LONDON WITH Several other Informations concerning other Fires in Southwark Fetter-Lane and elsewhere UPon the Second of September 1666. the Fire began in London at one Farriner 's House a Baker in Pudding-Lane between the Hours of One and Two in the Morning and continued burning until the Sixth of September following consuming as by the Surveyors appears in Print Three hundred seventy three Acres within the Walls of the City of London and Sixty three Acres and Three Roods without the Walls There remains Seventy five Acres and Three Roods yet standing within the Walls unburnt Eighty nine Parish Churches besides Chappels burnt Eleven Parishes within the Walls yet standing Houses burnt Thirteen thousand and two hundred Per Jonas Moore Ralph Gatrix Surveyors UPon the 18th Day of September 1666. the Parliament came together And upon the 25th of the same Month the House of Commons appointed a Committee to enquire into the Causes of the late Fire before whom the following Informations were given in and proved before the Committee as by their Report will more clearly appear bearing date the 22th of January 1666. and upon the 8th of February following the Parliament was Prorogued before they came to give their Judgment thereupon Die Martis 25 Septembris 1666. 18 Car. 2. Resolved c. THat a Committee be appointed to enquire into the Causes of the late Fire and that it be referred to Sir Charles Harbord Mr. Sandys Col. Birch Sir Robert Brook Sir Thomas Littleton Mr. Prin Mr. Jones Sir Solomon Swale Sir Thomas Tomlins Mr. Seymour Mr. Finch Lord Herbert Sir John Heath Mr. Milward Sir Richard Ford Mr. Robert Milward Sir William Lowther Sir Richard Vatley Sir Rowland Beckley Sir Thomas Allen Mr. Whorwood Mr. Coventry Serj. Maynard Sir John Talbot Mr. Morley Mr. Garraway Sir Francis Goodrick Col. Strangeways Sir Edward Massey Sir Edmond Walpool Sir Robert Atkins Sir Thomas Gower Mr. Trevor Sir Thomas Clifford Sir Henry Caesar Sir John Monson Sir John Charleton Lord Ancram Mr. Pepis Sir Richard Everard Mr. Crouch Mr. Merrel Sir William Hickman Sir Richard Brown Mr. Maynard And they are to meet to Morrow at Two of the Clock in the After-noon in the Speaker's Chamber and to send for Persons Papers and Records William Goldsbrough Cler. Dom. Com. October 9. 1666. Ordered that these Members following be added to the Committee appointed to Enquire into the Causes of the late Fire viz. Sir John Pelham Mr. Hugh Buscowen Mr. Giles Hungerford Sir William Lewis Sir Gilbert Gerrard Sir John Brampstone Mr. Milward Mr. Buscowen
be grantable against the Commissioners upon the Statute of 2 H. 5. if they do not deliver the Copy of the Libel to the Party Whereto they all answered That that Statute is intended where the Ecclesiastical Judge proceeds ex Officio ore tenus Thirdly Whether it were an Offence punishable and what Punishment they deserved who framed Petitions and collected a multitude of hands thereto to prefer to the King in a publick cause as the Puritans had done with an intimation to the King That if he denied their Sute many thousands of his Subjects would be discontented Whereto all the Justices answered That it was an Offence finable at Discretion and very near to Treason and Felony in the Punishment For they tended to the raising of Sedition Rebellion and Discontent among the People To which Resolution all the Lords agreed And then many of the Lords declared That some of the Puritans had raised a false Rumor of the King how he intended to grant a Toleration to Papists Which Offence the Justices conceived to be heinously finable by the Rules of the Common Law either in the Kings Bench or by the King and his Councel or now since the Statute of 3 H. 7. in the Star-Chamber And the Lords severally declared how the King was discontented with the said false Rumor and had made but the Day before a Protestation unto them that he never intended it and that he would spend the last drop of Bloud in his Body before he would do it and prayed that before any of his Issue should maintain any other Religion than what he truly professed and maintained that God would take them out of the World I doubt not but yourself and every English Protestant will joyn with this Royal Petitioner and will heartily say Amen But you desire to know if I think the Resolution of the Judges in this case ought to deter us from humbly Petitioning his Majesty that this Parliament may effectually sit on the 26th day of January next In order to this give me leave to observe to you As it is most certain that a great Reverence is due to the Unanimous Opinion of all the Judges so there is a great difference to be put between the Authority of their Judgments when solemnly given in Cases depending before them and their sudden and extrajudicial Opinions The Case of Ship-money it self is not a better proof of this than that which you have now read as you will now see if you consider distinctly what they say to the several Questions proposed to them As to their Answer to the first Question it much concerns the Reverend Clergy to enquire whither they did not mistake in it And whether the King by his Proclamation can make new constitutions and oblige them to obedience under the Penalty of Deprivation Should it be so and should this unhappy Kingdom ever suffer under the Reign of a Popish Prince he might easily rid himself of such obstinate Hereticks and leave his Ecclesiastical Preferments open for Men of better Principles He will need only to publish a Proclamation that Spittle and Salt should be used in Baptism that Holy-water should be used and Images set up in Churches and a few more such things as these and the Business were effectually done But if you will believe my Lord Chief Justice Cook 12. Co. 19. 12. Co. 49. he will tell you that it was agreed by all the Judges upon Debate Hill 4to Jacobi that the King cannot change his Ecclesiastical Law and you may easily remember since the whole Parliament declared That he could not alter or suspend them I have the uniform Opinion of all the Judges given upon great Deliberation Co. Mag. Char. 616. Mich. 4to Jac. to justifie me if I say that our Judges here were utterly mistaken in the Answer which they gave to the second Question I will not cite the numerous subsequent Authorities since every man knows that it is the constant practice of Westminster-Hall at this Day to grant Prohibitions upon refusal to give a Copy of Articles where the Proceedings in the Ecclesiastical Courts are ex Officio You see there was a kind of ill Fate upon the Judges this day as usually there was when met in the Star-chamber and that they were very unfortunate in answering two of the three Questions proposed to them let us go on to consider what does principally concern us at present their Answer to the last Question You have just done reading it and therefore I need not repeat to you either the Doubt or the Solution of it but one may be allowed to say modestly that it was a sudden Answer 'T is possible the Lords then present were well enough inform'd when they were told that such kind of Petitioning was an Offence next to Treason and Felony but I dare be so bold as to say That at this Day not a Lawyer in England would be the wiser for such an Answer they would be confounded and not know whether it were Misprision of Treason which seems an Offence nearest to Treason or Petty-larceny which seems nearest to Felony You will be apt to tell me that I mistake my Lords the Judges and they spoke not of the nature of the crime but the manner of the Punishment but this will mend the matter but little for since the Punishments of those two Crimes are so very different you are still as much in the dark as ever what these ambiguous words mean Well but we will agree that the Crime about which the Enquiry was made was a very great one When Men arrive to such Insolence as to threaten their Prince it will be but little excuse to them to call their Menaces by the soft and gentle Name of Petitions But you would know for what and in what manner we are at present to Petition 13 Car. 2. c. 5 and I will give you a plain and infallible Rule It is the Statute 13 Car. 2. c. 5. Be it enacted c. that no person or persons whatsoever shall solicite labour or procure the getting of hands or other consent of any persons above the number of twenty or more to any Petition Complaint Remonstance Declaration or other Addresses to the King or both or either Houses of Parliament for alteration of matters established by Law in Church or State unless the matter thereof have been first consented to and ordered by three or more Justices of the County or by the major part of the Grand Jury of the County or Division of the County where the same matter shall arise at their publick Assizes or General Quarter-Sessions or if arising in London by the Lord Mayor Aldermen and Commons in Common Council assembled and that no person or persons whatsoever shall repair to His Majesty or both or either of the Houses of Parliament upon Pretence of presenting or delivering any Petition Complaint Remonstrance or Declaration or other Addresses accompanied with excessive Number of People not at
most willingly bind our selves every one of us to the other joyntly and severally in the Band of one Firm and Loyal Society And do hereby Vow and Promise by the MAJESTY OF ALMIGHTY GOD That with our whole Powers Bodies Lives and Goods and with our Children and Servants We and every of us will faithfully serve and humbly obey our said Sovereign Lady Queen Elizabeth against all States Dignities and Earthly Powers whatsoever and will as well with our joynt and particular Forces during our Lives withstand offend and pursue as well by Force of Arms as by all other means of Revenge all manner of Persons of what State soever they shall be and their Abettors that shall attempt any Act Council or Consent to any thing that shall tend to the Harm of her Majesties Royal Person and will never desist from all manner of Forcible Pursuit against such Persons to the utter Extermination of them their Counsellors Aiders and Abettors And if any such wicked Attempt against her most Royal Person shall be taken in hand or procured whereby any that have may or shall pretend Title to come to this Crown by the untimely Death of her Majesty so wickedly procured which God for his Mercy sake forbid may be avenged We do not only bind our selves both joyntly and severally never to Allow Accept or Favour any such pretended Successor by whom or for whom any such detestable Act shall be Attempted or Committed as unworthy of all Government in any Christian Realm or Civil State But do also further Vow and Protest as we are most bound and that in the Presence of the Eternal and Everlasting God to Prosecute such Person and Persons to Death with our joynt or particular Forces and to ask the utmost Revenge upon them that by any means we or any of us can devise and do or cause to be devised and done for their utter Overthrow and Extirpation And to the better Corroboration of this our Loyal Band and Association We do also testifie by this Writing that we do confirm the Contents hereof by our Oaths corporally taken upon the Holy Evangelist with this express Condition That no one of us shall for any respect of Persons or Causes or for Fear or Reward separate our selves from this Association or fail in the Prosecution thereof during our Lives upon pain of being by the rest of us prosecuted and supprest as perjur'd Persons and as Publick Enemies to God our Queen and to our Native Country To which Punishment and Pains we do voluntarily submit ourselves and every of us without Benefit of any Colour or Pretence In Witness of all which Premises to be inviolably kept we do to this Writing put our Hands and Seals and shall be most ready to accept and admit any other hereafter to this Society and Association The ACT of Parliament of the 27th of Queen Elizabeth in Confirmation of the same FOrasmuch as the good Felicity and Comfort of the whole Estate of this Realm consisteth only next under God in the Surety and Preservation of the Queens most excellent Majesty And for that it hath manifestly appeared that sundry wicked Plots and Means have of late been devised and laid as well in Foreign Parts beyond the Seas as also within this Realm to the great indangering of his Highness most Royal Person and to the utter Ruine of the whole Commonweal if by Gods merciful Providence the same had not been revealed Therefore for preventing of such great Perils as might hereafter otherwise grow by the like detestable and divilish Practices at the humble Suit and earnest Petition and Desire of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same Parliament Be it Enacted and Ordained if at any Time after the end of this present Session of Parliament any open Invasion or Rebellion shall be had or made into or within any of Her Majesties Realms or Dominions or any Act attempted tending to the hurt of her Majesties most Royal Person by or for any Person that shall or may pretend any Title to the Crown of this Realm after her Majesties Decease or if any thing shall be compassed or imagined tending to the hurt of her Majesties Royal Person by any person or with the Privity of any person that shall or may pretend Title to the Crown of this Realm that then by Her Majesties Commission under Her Great Seal the Lords and other of Her Highness Privy Council and such other Lords of Parliament to be Named by her Majesty as with the said Privy Council shall make up the Number of Four and twenty at the least ving with them for their Assistance in that behalf such of the Judges of the Courts of Record at Westminster as Her Highness shall for that purpose assign and appoint or the more part of the same Council Lords and Judges shall by virtue of the Act have Authority to examine all and every the Offences aforesaid and all Circumstances thereof and thereupon to give Sentence or Judgment as upon good proof the matter shall appear unto them And that after such Sentence or Judgment given and Declaration thereof made and published by Her Majesties Proclamation under the Great Seal of England all persons against whom such Sentence or Judgment shall be so given and published shall be excluded and disabled for ever to have or claim or to pretend to have or claim the Crown of this Realm or of any Her Majesties Dominions any former Law or Statute whatsoever to the contrary in any wise notwithstanding And that thereupon All Her Highness Subjects shall and may lawfully by virtue of this Act and Her Majesties Direction in that behalf by forcible and possible means pursue to Death every such wicked person by whom or by whose means assent or privity any such Invasion or Rebellion shall be in Form aforesaid denounced to have been made or such wicked Act attempted or other thing compassed or imagined against Her Majesties Person and all their Aiders Comforters and Abettors And if any such detestible Act shall be Executed against her Highness most Royal Person whereby Her Majesties Life shall be taken away which God of his great mercy forbid that then every such person by or for whom any such Act shall be executed and their Issues being any wise assenting or privy to the same shall by virtue of this Act be excluded and disabled for ever to have or claim or pretend to have or claim the said Crown of this Realm or of any other Her Highness Dominions any former Law or Statute whatsoever to the contrary in any wise notwithstanding And that all the Subjects of this Realm and all other Her Majesties Dominions shall and may lawfully by virtue of this Act by all forcible and possible means pursue to Death every such wicked Person by whom or by whose means any such detestible Fact shall be in Form hereafter expressed denounced to have been
the Ability of the person found Guilty have not been the Measures that have determined the quantity of many of these Fines which being so very numerous the Committee refer themselves to those Records as to the general instancing in some particulars as followeth Upon Joseph Brown of London Gent. on an Information for publishing a printed Book called The Long Parliament Dissolved in which is set forth these words Trinit 29 Car. 2. Nor let any man think it strange that we account it Treason for you to sit and Act contrary to our Laws for if in the first Parliament of Richard the second Grimes and Weston for lack of Courage only were adjudged guilty of High Treason for surrendring the places committed to their trust how much more you if you turn Renegadoes to the people that intrusted you and as much as in you lie surrender not a little pitiful Castle or two but all the legal defence the people of England have for their Lives Liberties and Properties at once Neither let the vain presuasion delude you That no persident can be found that one English Parliament hath hang'd up another tho paradventure even that may be proved a mistake for an unpresidented Crime calls for an unpresidented punishment and if you shall be so wicked to do the one or rather endeavour to do for now you are no longer a Parliament what ground of Confidence you can have that none will be found so worthy to do the other we cannot understand and do faithfully promise if your unworthiness provoke us to it that we will use our honest and utmost endeavours whenever a new Parliament shall be called to chuse such as may convince you of your mistake the old and infallible Observation That Parliaments are the pulse of the people shall lose its esteem or you will find that this your presumption was over fond however it argues but a bad mind to sin because it 's believed it shall not be punished The Judgment was That he be fin'd 1000 Marks be bound to the good behaviour for seven years and his name struck out of the Roll of the Attorneys without any offence alledged in his said Vocation And the publishing this Libel consisted only in superscribing a Pacquet with this inclosed to the East Indies Which Fine he not being able to pay living only upon his practice he lay in prison for three years till His Majesty gratiously pardon'd him and recommended him to be restored to his place again of Attorney by His Warrant dated the 15. of Decem. 1679. Notwithstanding which he has not yet obtained the said Restauration from the Court of Kings Bench. Upon John Harrington of London Gent. for speaking these words in Latin thus Hill 29 30. Car. 2. Quod nostra Gubernatio de tribus statibus consistibat si Rebellio eveniret in regno non accideret contra omnes tres status non est Rebellio A Fine of 1000 l. Sureties for the Good behaviour for seven years and to recant the words in open Court which Fine he was in no capacity of ever paying Upon Benjamin Harris of London Stationer Hill 31 32. Car. 2. on an Information for printing a Book call'd An Appeal from the Countrey to the City setting forth these words We in the Countrey have done our parts in chusing for the generality good Members to serve in Parliament but if as our two last Parliaments were they must be dissolved or prorogued whenever they come to redress the grievances of the Subject we may be pitied not blam'd if the Plot takes effect and in all probability it will Our Parliaments are not then to be condemn'd for that their not being suffer'd to sit occasion'd it Judgment to pay 500 l. Fine stand on the Pillory an hour and give Sureties for the good behaviour for three years And the said Benj. Harris inform'd this Committee That the Lord Chief Justice Scroggs prest the Court then to add to this Judgment his being publickly whipt but Mr. Justice Pemberton holding up his hands in admiration at their severity therein Mr. Justice Jones pronounc'd the Judgment aforesaid and he remains yet in prison unable to pay the said Fine Notwithstanding which Severity in the cases forementioned this Committee has observed the said Court has not wanted in other cases an extraordinary Compassion and Mercy though there appear'd no publick reason judicially in the Trial as in particular Upon Thomas Knox Principal Hill 31. 32. Car. 2. on an Indictment of Subornation and Conspiracy against the Testimony and life of Dr. Oats for Sodomy and also against the Testimony of William Bedloe a Fine of 200 Marks a years Imprisonment and to find Sureties for the good behaviour for three years Upon John Lane for the same offence a Fine of 100 Marks Exd. Ter. to stand in the Pillory for an hour and to be imprison'd for one year Upon John Tasborough Gent. Par. 32. Car. 2. on an Indictment for Subornation of Stephen Dugdale tending to overthrow the whole Discovery of the Plot The said Tasborough being affirmed to be a Person of good Quality a Fine of 100 l. Upon Ann Price for the same offence 200 l. Eod. Ter. Trin. 32. C. 2. Upon Nathaniel Thompson and William Badcock on an Information for Printing and Publishing weekly a Libel call'd The true Domestick Intelligence or News both from City and Country and known to be Popishly affected a Fine of 3 6 8 on each of them Upon Matthew Turner Stationer on an Information for vending and publishing a Book Eod. Ter. call'd the Compendium wherein the Justice of the Nation in the late Tryals of the Popish Conspirators even by some of these Judges themselves is highly Arraign'd and all the Witnesses for the King horribly asperst and this being the common notorious Popish Book-seller of the Town Judgment to pay a Fine of 100 Marks and is said to be out of Prison already Upon Loveland Trin. 32. C. 2. on an Indictment for a Notorious Conspiracy and Subornation against the Life and Honour of the Duke of Buckingham for Sodomy a Fine of 5 l. and to stand an hour in the Pillory Upon Edward Christian Mich. 32. C. 2. Esq for the same offence a Fine of 100 Marks and to stand an hour in the Pillory And upon Arthur Obrian for the same offence a Fine of 20 Marks and to stand an hour in the Pillory Upon Consideration whereof this Committee came to this Resolution Resolv'd That it is the Opinion of this Committee That the Court of King's Bench in the Imposition of Fines on Offenders of late years hath acted Arbitrarily Illegally and Partially favouring Papists and persons Popishly affected and excessively oppressing His Majesty's Protestant Subjects And this Committee being inform'd That several of His Majesty's Subjects had been committed for Crimes Bailable by Law although they then-tendred sufficient Sureties which were refus'd only to put them to vexation and
lie under for want thereof 5. That you will use your utmost Endeavours to put a Brand upon those abominable Monsters which were the Pensioners in the late Long Parliament that thereby the Generations to come may be deterr'd from Attempting the like unheard of Villainy 6. That you will vigorously and carefully represent to the rest of your Fellow Members the present Condition of the Royal Navy as also of the Stores Castles and Forts which are under God the Bulwarks of England and that such effectual Ways and Means may be found out and prosecuted for the better Securing and Improving the Navy as also That none may be employed therein but such Persons who are of known Integrity and Loyalty both to the King and Nation and that all Debauch'd and Unskilful Persons now employ'd may be removed and Men fearing God loving Truth and hating Covetousness may be put into their Places that so our present Fears may be abated and thereby the dreadful growing Power of France may be timely check'd Gentlemen In the pursuance of these good Ends and such other as you shall think conducing to the Happiness of the King and Kingdom we shall stand by you with our Lives and Fortunes There were many more Addresses of like Nature and Purport made from divers other Parts of the Realm true Copies of which are not yet come to our hands But indeed the Re-election of so many of the former Members is it self a general Address and loudly speaks it The Voice of the People which we trust will be ratified by the Voice of Heaven No Popish Successor no French Slavery THE SPEECH Of the Honourable Henry Booth Esq Spoken in Chester March 2. 1680 1. at his being Elected one of the Knights of the Shire for that County to serve in the Parliament Summon'd to meet at Oxford the Twenty first of the said Month. Gentlemen and Countrymen I Must acknowledge that God hath been good unto me from my Cradle to this moment and of all his Providences to me there is none for which I have greater reason to bless his Holy Name than that he hath enabled me to govern my self and actions so as to gain your good opinion and kindness and I cannot but own I have your favour accompanied with all the obliging Circumstances imaginable for the first time that you were pleased to command my Service was in the Eighteen Years Parliament upon the death of Sir Foulk Lucy who had served you faithfully in that Parliament and though I was raw and unacquainted with those affairs and without any Tryal of my Integrity you ventured all you had in my hands at a time when England was in danger to be lost for want of a Vote For that Parliament chiefly consisted of such as sold their Country for private advantage and would have sold their King too if they could have made a better market I served you some time in that parliament at last it was Dissolved and a new one called and then as if you had approved of what I did you thought fit to imploy me again in that Service though you laid him aside who had been my Collegue that Parliament continued not long but was Dissolved and a new one called and then again a third time you thought me fit to represent you in Parliament though as you had done before you set him aside whom you had sent along with me and Chose a new one in his room but why you did me so Singular an honour as to continue me in your Service two Parliaments together and did not the like to the other Gentlemen it is not for me to give the reasons of it those are best known to your selves This is now the fourth time that I have waited on you on the like occasion and it is not a lessening of your former kindness that you have not changed my former Partner but rather a Confirmation of it because that the first time you have continued him is when he appears to be of my opinion and that which still adds weight to your kindness is that notwithstanding all this stir this bustle this unnecessary Charge and expence all the Stories by which I have been traduced you have not been prevailed upon to withdraw or diminish your favour Gentlemen I humbly beg your Patience to speak a few words in answer to what they say of me lest by Silence I may seem to cry Amen to their reports and Stories the first thing they reported was that I would not stand again but would decline your Service but withall they give no reason for it only it is so because they said it but what reason there is to contradict them now who said so the last time and how true it was you well remember So that this being the Second time that they have told you the self same falshoods I hope for the future that others will believe them as little as you have done It was reported that I was kill'd without giving any reasons or circumstances and that to this also they expected an implicit belief I wish they are not for an implicit faith in all things It was truly an excellent Artifice to threap you out of your Votes yet had I been kill'd had it been for your Service I should have thought my self well bestowed and rather meet than avoid the occasion of my Death They tell you also that I 〈◊〉 very obnoxious to the King but they do not tell you that I am restored to â—ny former Station of my Commission of the Peace without seeking or desiring it it cannot be imagined that his Majesty would be so Gracious to a man of whom he hath an ill opinion and it is a reflection to his Majesty to think he will do a thing of that Nature out of any regard whatsoever but when a thing carries its weight and reasons with it so that by this you may discern how all their reports are grounded being rather the effects of their desires than that the thing is truly so It seems the Gentlemen are much displeased that this County have frequently commanded those of my Family to serve them in Parliament they call it an entailing upon the Family but they are not pleased to vouchsafe the reasons why the Son may not be imployed as well as the Father in case he proves as fit for it but the truth is they would govern you and are angry that you will be your own chusers yet whether in this they design to serve you or their own ends I submit to your Judgment but as to my own particular they think the County highly that I have served you in several Parliaments Alas Gentlemen I know I am much inferiour in Parts and Learning to a great many but in saithfulness to your interest I will submit to no man but if you would observe it they would impose that upon you which they would not have done to themselves If they have a Servant who hath served them faithfully they
if then he gives in an Explication of the sense which in his private judgment doth apprehend to be the genuine meaning if that private sense be disconform to the Legislators sense in the Oath then the Imposer of the Oath or he that has power to offer it to the party if he consider the parties sense disconform he ought to reject the Oath as not fulfilling the intent of the Law imposing it But it is impossible to state that as a Crime That a party should neither believe what is proposed in the Oath nor be able to take it And he can run no farther hazard but the penalty imposed upon the Refuser And therefore in all Oaths there must be a concourse both of the sense imposed by Authority and of the private Sense Judgment or Conscience of the party And therefore if a party should take an Oath in the Sense proposed by Authority contrary to his own sense he were perjured whereby it is evident that the sense of Authority is not sufficient without the acquiescence and consent of the private person And therefore it is very strange why that part of the Pannel's Explanation should be challenged that he takes it in his own Sense the posterior words making it as plain as the light that that sense of his own is not what he â—pleases to make of the Oath for it bears expresly that no body can explain it but for himself and reconcile it as it is genuine and agrees in its own sense So that there must be a Reconciliation bewixt his own sense and the genuine sense which upon all hands is acknowledged to be the Sense of Authority And if the Pannel had been of these lax and debaucht Principles that he might have evaded the meaning and energy of the Oath by imposing upon it what sense he pleased certainly he would have contented himself in the general refuge of Equivocation or Mental Reservation and he would never have exposed his sense to the world in which he took this Oath whereby he became absolutely fixed and determined to the Oath in that particular sense and so had no latitude of shuffling off the Energy or Obligation of the Oath And it is likewise acknowledged That the Cases alledged in the Reply are true viz. That the person is guilty of Perjury si aliquo novo Commento he would elude his Oath or who doth not fulfil the Oath in the sense of the Imposer But that does not concern this Case For in the foresaid Citation a person after he has taken an Oath finding out some new conceit to elude it he is perjured but in this Case the Pannel did at and before his taking the Test declare the tâ—â—â—s in which he understood it So that this was not novo aliquo commento to elude it And the other Case where a party takes it in the sense of Authority but has some subterfuge or concealed Explanation it is acknowledged to be Perjury But in this Case there was no concealed Explanation but it was publickly exprest and an Explanation given which the Pannel designed and understood as the meaning of Authority and had ground to believe he was not mistaken since upon that Explanation he was received and allowed to sit and vote in Council And as to that part of the Reply that explains the Treason there can be no Treason in the Pannel's Case because the express Act of Parliament founded upon doth relate only to the Constitution of the Parliament And I am sure His Majesties Advocate cannot subsume in theâ—e terms And therefore in the Reply he recurs to the general Grounds of the Law That the usurping of His Majesties Authority in making a part of the Law and to make alterations in general and without the King are high and treasonable words or designs and such as the party pleases and such designs as have been practised the late times And that even the adjection of fair and safe words as in the Covenant does not secure from treasonable Designs and that it was so found in Balmerino's Case tho it bear a fair Narrative of an humble Supplication It is replied That the usurpation of making of Laws is undoubtedly treasonable but no such thing can be pretended or subsumed in this Case For albeit the Pannel declares his Explanation to be a part of his Oath yet he never meaned to impose it as even a part of the Law or that his Explanation should be a thing distinct or a separate part of his Oath For this Explanation being but exegetick of the several parts of the Oath it is no distinct thing from the Oath but declared to be a part of the Oath de natura rei And it was never pretended That he that alledged any thing to be de natura rei did say That that was distinct and separate which were a contradiction And therefore the Argument is retorted the Pannel having declared this Explanation was de natura rei implied in the Oath he necessarily made this Explanation no addition or extention of the Oath So that for all this Explanation the Oath is neither broader nor longer than it was And as to these words I do not mean to bind up my self in my station and in a lawful way to wish and endeavour any alteration I think to the advantage of Church or State not repugnant to the Protestant Religion and my Loyalty It is a strange thing how this Clause can be drawn in question as treasonable when it may with better Reason be alledged That there is not good Subject but is bound to say it And albeit the words to endeavour in my station be words contained in the Covenant yet that is no Reason why two words in the Covenant may not be made use of in another very good and loyal sense And there is no man that shall have the honour either to be entrusted by His Majesty in his Council or any other Judicature or to be a Member of Parliament but he is bound by his Loyalty to say the same thing And there was never a Clause more cautiously exprest for the words run to endeavour any alteration I shall think to the advantage of Church and State And tho that was sufficient yet the Clause is so cautiously conceived that it contains another Restriction not repugnant to Religion and his Loyalty So that except it could be alledged That a man by lawful means to the advantage of Church and State consistent with his Religion and Loyalty could make treasonable alterations and invasions upon the Government and Monarchy which are the highest Contradictions imaginable there can be nothing against the Pannel And albeit the Clause any alterations might without the Restrictions and Qualifications foresaid be generally extended yet the preceeding words of lawful way and the rational Interpretation of the emission of words especially before a solemn Judicatory leaves no place or shadow to doubt that these alterations were no fundamental or treasonable alterations but such as
him and it can give none to destroy its self and those it protects but the contrary Bracton in his Comments pag. 487. tells us Bracton p. 487. That although the Common Law doth allow many Prerogatives to the King yet it doth not allow any that He shall wrong or hurt any by His Prerogative Therefore 't is well said by a late Worthy Author upon this point That what Power or Prerogative the Kings have in Them ought to be used according to the true and genuine intent of the Government that is for the Preservation and Interest of the People And not for the disappointing the Councils of a Parliament towards reforming Grievances and making provision for the future Execution of the Laws and whenever it is applied to frustrate those ends it is a Violation of Right and Infringement of the King's Coronation Oath who is obliged to Pass or Confirm those Laws His People shall cluse And tho he had such a Prerogative by Law yet it should not be so used especially in time of Eminent danger and distress The late King in His Advice to His Majesty that now is in his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 239. Tells him That his Prerogative is best shewed and exercised in Remitting rather than exacting the Rigor of the Laws there being nothing worse than Legal Tyranny Nor would he have him entertain any Aversion or Dislike of Parliaments The Late King's advice to His Majesty which in their right Constitution with freedom and Honour will never Injure or Diminish His Greatness but will rather be as interchangings of Love Loyalty and Confidence between a Prince and His people It is true some Flatterers and Traytors have presumed in defiance to their Countries Rights to assert that such a boundless Prerogative belongs to Kings As did Chief Justice Trisilian c. in R. 2â—s time Advising him that he might Dissolve Parliaments at pleasure and that no Member should be called to Parliament nor any Act past in either House without His Approbation in the first place and that whoever advis'd otherwise were Traytors But this Advice you read was no less fatal to himself than pernicious to his Prince Bakers Chron. p. 147 148 and 159. King James in His Speech to the Parliament 1609. Gives them assurance That he never meant to Govern by any Law but the Law of the Land tho it be disputed among them as if he had an intention to alter the Law and Govern by the absolute power of a King but to put them out of doubt in that matter tells them That all Kings who are not Tyrants or Perjured will bound themselves within the limits of their Laws And they that persuade the contrary are Vipers and Pests both against them and the Commonwealth Wilson K. J. p. 46. The Conclusion 1. IF this be so That by so great Authority viz. so many Statutes in force The sundamental of the Common Law the Essentials of the Government it self Magna Charta The King's Coronation Oath so many Laws of God and Man The Parliament ought ro sit to Redress Grievances and provide for Common Safety especially in times of Common Danger And that this is eminently so who can doubt that will believe the King so many Parliaments The Cloud of Witnesses the Publick Judicatures their own sense and experience of the manifold Mischiefs which have been acted and the apparent Ruine and Confusion that impends the Nation by the restless Attempts of a bloody Interest if speedy Remedy is not applied Then let it be Queried Whether the People having thus the Knife at the Throat Cities and Habitations Fired and therein their Persons fried Invasions and Insurrections threatned to Destroy the King and Subjects Church and State and as so lately told us upon Mr. Fitz Harris's Commitment the present Design on Foot was to Depose and Kill the King and their only remedy hoped for under God to give them relief Relief thus from time time cut off viz. Their Parliaments who with so much care cost and pains are Elected sent up and Intrusted for their help turned off ré infecta and rendred so insiguificant by those frequent Prorogations and Dissolutions Are they not therefore justified in their important Cries in their many Humble Petitions to their King Fervent Addresses to their Members earnest Claims for this their Birth-right here Pleaded which the Laws of the Kingdom consonant to the Laws of God and Nature has given them 2. If so what then shall be said to those who advise to this high Violation of their Countries Rights to the infringing so many just Laws and exposing the Publick to those desperate hazards if not a total Ruine If King Alfred as Andrew Horne in his Mirror of Justice tells us hanged Darling Segnor Cadwine Cole and Forty Judges more for Judging contrary to Law and yet all those false Judgments were but in particular and private Cases What death do those Men deserve who offer this violence to the Law it self and all the Sacred Rights of their Country If the Lord Chief Justice Thorp in Ed. 3d's time for receiving the Bribery of One hundred pounds was adjudged to be Hanged as one that had made the King break his Oath to the People How much more guilty are they of making the King break His Coronation Oath that persuade him to Act against all the Laws for holding Parliaments and passing Laws therein which he is so solemnly sworn to do And if the Lord Chief Justice Tresilian was Hanged Drawn and Quartered for Advising the King to Act contrary to some Statutes only What do those deserve that advise the King to Act not only against some but against all these Ancient Laws and Statutes of the Realm And if Blake the King's Council but for assisting in the matter and drawing up Indictments by the King's Command contrary to Law tho it is likely he might Plead the King's Order for it yet if he was Hang'd Drawn and Quartered for that What Justice is due to them that assist in the Total Destruction of all the Laws of the Nation and as much in them lies their King and Country too And if Vsk the under-Sheriff whose Office is to Execute the Laws for but endeavouring to aid Tresilian Blake and their Accomplices against some of the Laws was also with Five more Hang'd Drawn and Quartered What punishment may they deserve that Aid and endeavour the Subversion of all the Laws of the Kingdom And if Empson and Dudley in Henry the Eighth's time tho two of the King 's Privy Council were Hanged for Procuring and Executing an Act of Parliament contrary to the Fundamental Laws of the Kingdom and to the great vexation of the People so that tho they had an Act of Parliament of their side yet that Act being against the known Laws of the Land were Hang'd as Traytors for putting that Statute in Execution Then what shall become of those who have no such Act to shelter themselves under and who
of their fellows had been asked and answered to agree in one story especially if the Jury may not ask what questions they shall think fit for the satisfaction of their own Consciences but that they shall be so far under the correction and censure of the Judges as to have the questions which they put called by them trifles impertinent and unfit for the Witnesses to speak to yet if they be examined apart with that due care of sifting out all the Circumstances which the Law requires where every Man of the Jury is at full liberty to enquire into any thing for his clearer Information and that with what deliberation they think fit and all this be done with that Secrecy which the Law commands it will be almost impossible for a Man to suffer under a false Accusation Nor has the Law been less careful for the Reputation of the Subjects of England than for their Lives and Estates and this seems to be one reason why in criminal Cases a Man shall not be brought to an open legal Tryal by a Petit Jury till the Grand Jury have first found the Bill The Law having entrusted the Grand Inquest in a special manner with their good names they are therefore not only to enquire whether the fact that is laid was done by the party accused but into the circumstances thereof too whether it were done Traiterously Feloniously or Maliciously c. according to the manner charged which Circumstances are not barely matter of form but do constitute the very essence of the Crime and lastly into the Credit of the Witnesses and that of the party accused and unless they find both the Fact proved upon him and strong presumptions of such aggravating circumstances attending it as the Law requires in the specification of such Crime and likewise are satisfied in the credibility of the Witnesses they ought not to expose the Subject to an open Trial in the face of the County to a certain loss of his Reputation and hazard of his Life and Estate Moreover should this practice of publick Examination prevail and the Jurors Oath of Secrecy continue how partial and unequal a thing would it be to declare that to all the World which will blast a Man's good name and religiously conceal what they may know tending to his Justification To examine Witnesses perhaps suborned certainly prepared and have Evidence dressed up with all the advantages that Lawyers wits can give it of the foulest Crimes a Man can be guilty of and this given before some thousands against him and yet for the same Court to swear those whom the Law makes Judges in the Case not to reveal one word of those reasons which have satisfied their Consciences of his Innocence What is this but an Artifice of slandring men it may be of the most unspotted Conversation and of abusing Authority not so much to find Men guilty as to make them infamous After this Ignominy is fixed what Judgment can the Auditors and from them the World make but of high probability of guilt in the party accused and Perjury in the Jury This course if it should be continued must needs be of most dangerous consequence to all sorts of Men it will both subject every one without relief to be defamed and fright the best and most conscientious Men from serving on Grand Juries which is a most necessary part of their duty Now since there is in our Government as in every one that is well constituted there ought to be great liberty of Accusation that no Man may be encouraged to do ill through hopes of impunity if by this means a Method be opened for the blasting the most innocent Man's honour and deterring the most honest from being his Judges what remains but that every Man's Reputation which is most dear unto such as are good is held precariously and it will be in the power of great Men to pervert the Laws and take away whose Life and Estate they please or at least to fasten imputations of the most detested Crimes upon any whom for secret reasons they have a mind to defame The consequences of which scandal as they are very mischievous to every Man so in a Trading Country in a more especial manner to all who live by any vocation of that kind The greatest part of Trade is driven upon credit most Men of any considerable Employment dealing for much more than they are truly worth and every Man's credit depends as well upon his behaviour to the Government he lives under as upon his private honesty in his transactions between Man and Man so that the suspicion only of his being obnoxious to the Government is enough to set all his Creditors upon his back and put a stop to all his Affairs perhaps to his utter ruine What expedition and violence will they all use to recover their debts when he shall be publickly charged with such Crimes as forfeit Life and Estate Though there should not be one word of the Accusation true yet they knowing the Charge and the seeming proofs in the Court and the Consequences of it and not being acquainted with the truth as it appears to the Jury self interest will make his Creditors to draw in their effects which is no more than a new contrivance under colour of Law of undoing honest Men. If to prevent any of these mischiefs the Jury should discover their fellows and their own Counsel as the Court by publick Examination doth it would not only be a wilful breach of their Oath but a betraying of the trust which the Law has reposed in them for the security of the Subject For to subject the reasons of their Verdicts upon Bills to the censure of the Judges were to divest themselves of the Power which the Law has given them for most important Considerations without account or controul and to interest those in it whom the Law has not in this case trusted and so by degrees the course of Justice in one of the most material parts may be changed and a fundamental security of our Liberty and Property insensibly lost On the other hand if for fear of being unworthily reproached as Ignoramus Jury-Men obstinate fellows that obstruct Justice and disserve the King the Grand Jury shall suffer the Judges or the King's Counsel to prevâ—il with them to indorse Billa vera when their Consciences are not satisfied in the truth of the Accusation they act directly against their Oaths oppress the innocent whom they ought to protect as far as in them lies subject their Country themselves and posterity to Arbitrary Powers pervert the Administration of Justice and overthrow the Government which is instituted for the obtaining of it and subsists by it This seems to be the greatest Treason that can be committed against the whole Kingdom and threatens ruine unto every Man in private in it None can be safe against authorized Malice and notwithstanding the care of our Ancestors Rapine Murther and the worst of Crimes may
has been formerly thought the whole Constitution of this Church and Kingdom which we dare not do till we have the Authority of Parliament for it It is to recommend to our People the Choice of such Persons to sit in Parliament as shall take away the Test and Penal Laws which most of the Nobility and Gentry of the Nation have declared their Judgment against It is to condemn all those great and worthy Patriots of their Country who forfeited the dearest thing in the World to them next a good Conscience viz. The Favour of their Prince and a great many honorable and profitable Employments with it rather than consent to that Proposal of taking away the Test and Penal Paws which they apprehend destructive to the Church of England and the Protestant Religion and he who can in Conscience do all this I think need scruple nothing For let us consider further what the Effects and Consequences of our Reading the Declaration are likely to be and I think they are Matter of Conscience too when they are evident and apparent This will certainly render our Persons and Ministry infinitely contemptible which is against that Apostolical Canon Let no Man despise thee Titus 2.15 That is so to behave himself in his Ministereal Office as not to fall under Contempt and therefore this obliges the Conscience not to make our selves ridiculous nor to render our Ministry our Counsels Exhortations Preaching Writing of no Effect which is a thousand times worse than being silenced Our Sufferings will preach more effectually to the People when we cannot speak to them but he who for Fear or Cowardise or the Love of this World betrays his Church and Religion by undue Compliances and will certainly be thought to do so may continue to Preach but to no purpose and when we have rendred our selves ridiculous and contemptible we shall then quickly fall and fall unpitied There is nothing will so effectually tend to the final Ruine of the Church of England because our Reading the Declaration will discourage or provoke or misguide all the Friends the Church of England has can we blame any Man for not preserving the Laws and the Religion of our Church and Nation when we our selves will venture nothing for it Can we blame any Man for consenting to Repeal the Test and Penal Laws when we recommend it to them by Reading the Declaration Have we not reason to expect that the Nobility and Gentry who have already suffered in this Cause when they hear themselves condemned for it in all the Churches of England will think it time to mend such a Fault and reconcile themselves to their Prince and if our Church fall this way is there any reason to expect that it should ever rise again These Consequences are almost as evident as Demonstrations and let it be what it will in it self which I foresee will destroy the Church of England and the Protestant Religion and Interest I think I ought to make as much Conscience of doing it as of doing the most immortal Action in Nature To say that these mischievous Consequences are not absolutely necessary and therefore do not affect the Conscience because we are not certain they will follow is a very mean Objection Moral Actions indeed have not such necessary Consequences as natural Causes have necessary Effects because no moral Causes act necessarily Reading the Declaration will not as necessarily destroy the Church of England as Fire burns Wood but if the Consequence be plain and evident the most likely thing that can happen if it be unreasonable to expect any other if it be what is plainly intended and designed either I must never have any regard to Moral Consequences of my Actions or if ever they are to be considered they are in this case Why are the Nobility and Gentry so extreamly averse to the Repeal of the Test and Penal Laws Why do they forfeit the King's Favour and their Honourable Stations rather than comply with it If you say that this tends to destroy the Church of England and the Protestant Religion I ask whether this be the necessary consequence of it whether the King cannot keep his promise to the Church of England if the Test and Penal Laws be Repealed We cannot say but this may be And yet the Nation does not think fit to try it and we commend those great men who deny it and if the same questions were put to us we think we ought in Conscience to deny them our selves And are there not as high probabilities that our Reading the Declaration will promote the Repeal of the Test and Penal Laws as that such a Repeal will ruine our Constitution and bring in Popery upon us Is it not as probable that such a complyance in us will disoblige all the Nobility and Gentry who have hitherto been firm to us as that when the power of the Nation is put into Popish Hands by the Repeal of such Tests and Laws the Priests and Jesuirs may find some salvo for the King's Conscience and perswade him to forget his Promise to the Church of England and if the probable ill consequences of Repealing the Test and Penal Laws be a good reason not to comply with it I cannot see but that the as probable ill consequences of Reading the Declaration is as good a reason not to read it The most material Objection is that the Dissenters whom we ought not to provoke will expound our not Reading it to be the effect of a persecuting Spirit Now I wonder Men should lay any weight on this who will not allow the most probable consequences of our Actions to have any influence upon Conscience For if we must compare consequences to disoblige all the Nobility and Gentry by reading it is likely to be much more fatal than to anger the Diffenters and it is more likely and there is much more reason for it that one should be offended than the other For the Dissenters who are wise and considering are sensible of the snare themselves and though they desire Ease and Liberty they are not willing to have it with such apparent hazard of Church and State I am sure that tho' we were never so desirous that they might have their Liberty and when there is opportunity of shewing our inclinations without danger they may find that we are nations without danger they may find that we are not such Persecutors as we are represented yet we cannot consent that they should have it this way which they will find the dearest Liberty that ever was granted This Sir is our Case in short the Difficulties are great on both sides and therefore now if ever we ought to besiege Heaven with our Prayers for Wisdom and Counsel and Courage that God would protect his Church and Reformed Christianity against all the devices of their Enemies Which is the daily and hearty Prayer of SIR Your Friend and Brother May 22. 1â—88 POSTSCRIPT I Have just now seen H. Care 's Paper
seeing it hath been and still is their Custom to require the Belief of the Corporal Presence in the Sacrament as that upon the not Acknowledgment whereof we are to be accounted Hereticks and to stand condemned to be Burnt which is somewhat worse than the not being allowed to sit in the Two Houses of Parliament or to be shut out from a Civil or Military Office Neither are they required to Declare much less to Swear that the Doctrine of Transubstantiation is False or that there is no such thing as Transubstantiation as is affirmed in a Scurrilous Paper written against the Loyalty of the Church of England but all that is enjoyned in the Test Acts is that I A. B. do declare that I do believe that there is not any Transubstantiation in the Sacrament of the Lords Supper or in the Elements of Bread and Wine at or after the Consecration thereof by any Prrson whatsoever Tho the Parliament was willing to use all the Care they could for the discovering Papists that the Provision for our Security unto which those Acts were designed might be the more effectual yet they were not so void of Understanding as to prescribe a Method for it which would have exposed them to the World for their Folly 'T is much different to say Swear or Declare that I do believe there is not any Transubstantiation and the saying or declaring that there is not a Transubstantiation the former being only expressive of what my Sentiment or Opinion is and not at all affecting the Doctrine it self to make or unmake it other than what it is independently upon my Judgment of it whereas the latter does primarily Affect the Object and the Determination of its Existence to such a Mode as I conceive it and there are a thousand things which I can say that I do not believe but I dare not say that they are not Now as 't is the dispensing with these Laws that argues the King's assuming an Absolute Power so the Addressing by way of Thanks for the Declaration wherein this Power is exerted is no less than an owning and acknowledging of it and that it rightfully belongs to him There is a third thing which Shame or Fear would not suffer them to put into the Declaration for Liberty of Conscience in England but which they have had the Impudence to insert into the Proclamation for a Toleration in Scotland which as it carries Absolute Power written in the forehead of it so it is such an unpresidented Exercise of Despoticalness as hardly any of the Oriental Tyrants or even the French Leviathan would have ventured upon For having stop'd disabled and suspended all Laws enjoyning any Oaths whereby our Religion was secured and the Preservation of it to us and our Posterity was provided for he imposeth a new Oath upon his Scots Subjects whereby they are to be bound to defend and maintaim him his Heirs and lawful Successors in the Exercise of their Absolute Power and Authority against all deadly The imposing an Oath upon Subjects hath been always look'd upon as the highest Act of Legislative Authority in that it affects their Consciences and requires the Approbation or Disapprobation of their Minds and Judgments in reference to whatsoever it is enjoyned for whereas a Law that affects only Mens Estates may be submitted unto tho in the mean time they think that which is exacted of them to be Unreasonable and Unjust And as it concerns both the Wisdom and Justice of Law-givers to be very tender in ordaining Oaths that are to be taken by Subjects and that not only from a care that they may not prostitute the Name of God to Prophanation when the matter about which they are imposed is either light and trivial or dubious and uncertain but because it is an Exercise of Jurisdiction over the Souls of Men which is more than if it were only exercised over their Goods Bodies and Privileges so never any of our Kings pretended to a Right of enjoyning and requiring an Oath that was not first enacted and specified in some Law and it would have been heretofore accounted a good Plea for refusing such or such an Oath to say there was no Statute that had required it It was one of the Articles of High Treason and the most material charged upon the Earl of Strafford that being Lord Deputy of Ireland he required an Oath of the Scots who inhabited there which no Law had ordained or prescribed which may make those Counsellors who have advised the King to impose this new Oath as well as all others that shall require it to be taken upon his Majesty's bare Authority to be a little apprehensive whether it may not at some time rise in Judgment against them and prove a Forfeiture of their Lives to Justice And as the imposing an Oath not warranted by Law is an high Act of Absolute Power and in the King an altering of the Constitution so if we look into the Oath it self we shall find this Absolute Power strangely manifested and displayed in all the Parts and Branches of it and the People required to Swear themselves his Majesty's most obedient Slaves and Vassals By one Paragraph of it they are required to Swear that it is unlawful for Subjects on any pretence or for any Cause whatsoever to rise in Arms against him or any Commissioned by him and that they shall never resist his Power or Authority which as it may be intended for a Foundation and means of keeping Men quiet when he shall break in upon their Estates and overthrow their Religion so it may be designed as an Encouragement to his Catholick Subjects to set upon the Cutting Protestants Throats when by this Oath their Hands are tied up from hindering them It is but for the Papists to come Authorised with his Majesty's Commission which will not be denied them for so meritorious a Work and then there is no Help nor Remedy but we must stretch out our Necks and open our Breasts to their Consecrated Swords and Sanctified Daggers Nay if the King should transfer the Succession to the Crown from the Rightful Heir to some zealous Romanist or Alienat and dispose of his Kingdoms in way of Donation and Gift to the Pope or to the Society of the Jesuits and for the better securing them in the Possession hereafter should invest and place them in the Enjoyment of them while he lives the Scots are bound in the virtue of this Oath tamely to look on and calmly to acquiesce in it Or should his Physicians advise him to a nightly Variety of Matrons and Maids as the best Remedy against his malignant and venomous Heats all of that Kingdom are bound to surrender their Wives and Daughters to him with a dutiful Silence and a profound Veneration And if by this Oath he can secure himself from the Opposition of his Dissenting Subjects in case through recovery of their Reason a Fit of ancient Zeal should surprize them he is otherways
shall Act not only contrary to but to the Destruction of the Fundamental Laws of the Kingdom And how Harmonious such Justice will be the Text tells us Deut. 27.17 Cursed be he that removeth his Neighbours Land mark and all the People shall say Amen That this present Session may have a happy Issue to answer the great ends of Parliaments and therein our present Exigencies and Necessities is the incessant Cry and longing Expectation of all the Protestants in the Land The Security of English-mens Lives or the Trust Power and Duty of the Grand Juries of England Explained according to the Fundamentals of the English Government and the Declarations of the same made in Parliament by many Statutes THE Principal Ends of all Civil Government and of Humane Society were the Security of Mens Lives Liberties and Properties mutual assistance and help each unto other and provision for their common benefit and advantage and where the Fundamental Laws and Constitution of any Government have been wisely adapted unto those Ends such Countries and Kingdoms have increased in Vertue Prowess Wealth and Happiness whilst others through the want of such excellent Constitutions or negect of preserving them have been a Prey to the Pride Lust and Cruelty of the most Potent and the People have had no assurance of Estates Liberties or Lives but from their Grace and Pleasure They have been many times forced to welter in each other's Blood in their Master's quarrel for Dominion and at best they have served like Beasts of burthen and by continual base subserviency to their Master's Vices have lost all sense of true Religion Virtue and Manhood Our Ancestors have been famous in their Generations for Wisdom Piety and Courage in forming and preserving a Body of Laws to secure themselves and their Posterities from Slavery and Oppression and to maintain their Native Freedoms to be subject only to the Laws made by their own Consent in their general Assemblies and to be put in execution chiefly by themselves their Officers and Assistants to be guarded and defended from all Violence and Force by their own Arms kept in their own hands and used at their own charge under their Prince's Conduct entrusting nevertheless an ample Power to their Kings and other Magistrates that they may do all the good and enjoy all the happiness that the largest Soul of man can honestly wish and carefully providing such means of correcting and punishing their Ministers and Councellors if they transgressed the Laws that they might not dare to abuse or oppress the People or design against their freedom or welfare This Body of Laws our Ancestors always esteemed the best Inheritance they could leave to their Posterities well knowing that these were the sacred Fence of their Lives Liberties and Estates and an unquestionable Title whereby they might call what they had their own or say they were their own Men The inestimable value of this Inheritance moved our Progenitors with great resolution bravely from Age to Age to defend it and it now falls to our lot to preserve it against the Dark Contrivances of a Popish Faction who would by Frauds Sham-Plots and Infamous Perjuries deprive us of our Birth-rights and turn the points of our Swords our Laws into our own Bowels they have impudently scandalized our Parliaments with Designs to overturn the Monarchy because they would have excluded a Popish Successor and provided â—or the Security of the Religion and Lives of all Protestants They have caused Lords and Commoners to be for a long time kept in Prisons and suborned Witnesses to swear matters of Treason against them endeavouring thereby not only to cut off some who had eminently appeared in Parliament for our ancient Laws but through them to blast the Repute of Parliaments themselves and to lessen the Peoples Confidence in those great Bulwarks of their Religion and Government The present purpose is to shew how well our Worthy Fore-fathers have provided in our Law for the safety of our Lives not only against all attemps of open Violence by the severe punishment of Robbers Murtherers and the like but the secret poisonous Arrows that fly in the dark to destroy the Innocent by false Accusation and Perjuries Our Law-makers foresaw both their dangers from the Malice and Passion that might cause some of private condition to accuse others falsly in the Courts of Justice and the great hazards of Worthy and Eminent Mens Lives from the Malice Emulation and Ill Designs of Corrupt Ministers of State or otherwise potent who might commit the most odious of Murthers in the form and course of Justice either by corrupting of Judges as dependant upon them for their Honour and great Revenue or by bribing and hiring men of depraved Principles and desperate Fortunes to swear falsly against them doubtless they had heard the Scriptures and observed that the great men of the Jews sought out many to swear Treason and Blasphemy against Jesus Christ They had heard of Ahab's Courtiers and Judges who in the Course and Form of Justice by false Witnesses murthered Naboth because he would not submit his Property to an A bitrary Power Neither were they ignorant of the Ancient Roman Histories and the pestilent false Accusers that abounded in the Reign of some of those Emperors under whom the greatest of Crimes was to be virtuous Therefore as became good Legislators they made as prudent Provinon as perhaps any Country in the World enjoys for equal and impartial Administration of Justice in all the concerns of the Peoples Lives that every man whether Lord or Commoner might be in safety whilst they lived in due obedience to the Laws For this purpose it is made a Fundamental in our Government that unless it be by Parliament See Lâ— Cook 's Instit 3d part p. 40. See Mag. Chart. Cooke's â—d part of Insâ—â—t p. 50 51. no man's Life should be touched for any Crime whatsoever save by the Judgment of at least 24 Men that is 12 or more to find the Bill of Indictment whether he be Peer of the Realm or Commoner and 12 Peers or above if a Lord if not 12 Commoners to give the Judgment upon the general Issue of not guilty joined of these 24 the first 12 are called the Grand Inquest or the Grand Jury for the extent of their power and in regard that their number must be no more than 12 sometimes 23 or 25 never were less than 13. Twelve whereof at least must agree to every Indictment or else 't is no legal Verdict If 11 of 21 or of 13 should agree to find a Bill of Indictment it were no Verdict The other Twelve in Commoners Cases are called the Petit-Jury and their number is ever Twelve but the Jury for a Peer of the Realm may be more in number though of like Authority The Office and Power of these Juries is Judicial they only are the Judges from whose Sentence the Indicted are to expect Life or Death upon their Integrity and Understanding
the Lives of all that are brought into Judgment do ultimately depend from their Verdict there lies no Appeal by finding Guilty or not Guilty they do complicately resolve both Law and Fact As it hath been the Law so it hath always been the Custom and Practice of these Juries upon all general Issues pleaded in Cases Civil as well as Criminal to judge both of the Law and Fact See the Reports of the Ld Chief Justice Vaughan p. 150 151. So it is said in the Report of the Lord Chief Justice Vaughan in Bushel's Case That these Juries determine the Law in all matters where Issue is joined and tried in the Principal Case whether the Issue be about Trespass or a Debt or Disseizin in Assizes or a Tort or any such like unless they should please to give a special Verdict with an implicite faith in the Judgment of the Court to which none can oblige them against ther wills These last 12 must be Men of equal condition with the Party indicted and are called his Peers therefore if it be a Peer of the Realm they must be all such when indicted at the Suit of the King and in the Case of Commoners every man of the 12 must agree to the Verdict freely without compulsion fear or menace else it is no Verdict Whether the Case of a Peer be harder I will not determine Our Ancestors were careful that all men of the like condition and quality presumed to be sensible of each other's infirmity should mutually be Judges each of others lives and alternately taste of Subjection and Rule every man being equally liable to be accused or indicted or perhaps to be suddenly judged by the Party of whom he is at present Judge if he be found innocent Whether it be Lord or Commoner that is indicted the Law intends as near as may be that his Equals that judge him should be his Companions known to him and he to them or at least his Neighbours or Dwellers near about the place where the Crime is supposed to have been committed to whom something of the Fact must probably be known and though the Lords are not appointed to be of the Neighbourhood to the indicted Lord yet the Law supposes them to be Companions and personally well known each unto other being presumed to be a small number as they have anciently been and to have met yearly or oftner in Parliament as by Law they ought besides their other meetings as the hereditary Councellors of the Kings of England If time hath altered the case of the Lords as to the number indifferency and impartiality of the Peers it hath been and may be worthy of the Parliament's consideration and the greater duty is incumbent upon Grand Juries to examine with the utmost diligence the Evidence against Peers before they find a Bill of Indictment against any of them if in truth it may put their Lives in greater danger It is not designed at this time to undertake a Discourse of Petit-Juries but to consider the Nature and Power of Grand Inquests and to shew how much the Reputation the Fortunes and the Lives of English-men depend upon the Conscientious performance of their Duty It was absolutely necessary for the support of the Government and the safety of every Man's Life and Interest that some should be trusted to inquire after all such as by Treasons Felonies or lesser Crimes disturbed the peace that they might be prosecuted and brought to condign punishment and it was no less needful for every man's quiet and safety that the trust of such Inquisitions should be put into the hands of Persons of understanding and integrity indifferent and impartial that might suffer no man to be falsely accused or defamed nor the Lives of any to be put in jeopardy by the malicious Conspiracies of greator small or the Perjuries of any profligate Wretches For these necessary honest Ends was the institution of Grand Juries Our Ancestors thought it not best to trust this great concern of their Lives and Interests in the hands of any Officer of the King 's or in any Judges named by him nor in any certain number of men during life lest they should be awed or influenced by great men corrupted by Bribes Flatteries or love of Power or become negligent or partial to Friends and Relations or pursue their own Quarrels or private Revenges or connive at the Conspiracies of others and indict thereupon But this trust of enquiring out and indicting all the Criminals in a County is placed in men of the same County more at least than Twelve of the most honest and most sufficient for knowledge and ability of Mind and Estate to be from time to time at the Sessions and Assizes and all other Commissions of Oyer and Terminer named and returned by the chief Sworn Officer of the County the Sheriff who was also by express Law anciently chosen annually by the People of every County and trusted with the Execution of all Writs and Processes of the Law and with the Power of the County to suppress all Violences unlawful Routs Riots and Rebellions Yet our Laws left not the Election of these Grand Inquests absolutely to the Will of the Sheriffs but have described in general their Qualifications who shall enquire and indict either Lord or Commoner They ought by the old Common-law to be Lawful Liedge-people of ripe Age not over aged or infirm and of good Fame amongst their Neighbours free from all reasonable suspicion of any design for himself or others upon the Estates or Lives of any suspected Criminals or quarrel or controversie with any of them They ought to be indifferent and impartial even before they are admitted to be sworn and of sufficient understanding and Estate for so great a Trust The ancient Law-book called Briton of great Authority says See Brit. p. 9 and 10. The Sheriffs Bailiffs ought to be sworn to return such as know best how to enquire and discover all breaches of the Peace and lest any should intrude themselves or be obtruded by others they ought to be returned by the Sheriff without the denomination of any except the Sheriff's Officers And agreeable hereunto was the Statute of 11 H. 4. in these words Item Because of late See 11 Hen. 4. Inquests were taken at Westminster of persons named to the Justices without due Return of the Sheriff of which persons some were outlawed c. and some fled to fanctuary for Treason and Felony c. by whom as well many Offenders were indicted as other lawful Liege-people of the King not guilty by Conspiracy Abetment and false imagination of others c. against the force of the Common-Law c. It is therefore granted for the Ease and Quietness of the People that the same Indictment with all its Dependences be void and holden for none for ever and that from henceforth no Indictment be made by any such persons but by Inquest of the King's Liedge-people in the manner as