Witnesses and misleading the Juries convicted of the said Pretended Perjuries and received this inhumane and unparallel'd Sentence following viz. To pay two thousand Marks to the King To be devested of his Canonical Habit To be brought into Westminster-Hall with a Paper upon his Head with this Inscription Titus Oates convicted upon full Evidence of two horrid Perjuries To stand in and upon the Pillory two several days for the space of an Hour To be whip'd by the comman Hang-man from Aldgate to Newgate on Wednesday and to be whip'd again on the Friday following from Newgate to Tiburn To stand in and upon the Pillory five times in every Year of his Life and to remain a Prisoner during his Life Which Sentence being intended as your Petitioner hath just reason to believe to murther him was accordingly executed with all the Circumstances of Barbarity he having suffered some thousands of Stripes whereby he was put to unspeakable Tortures and lay ten Weeks under the Surgeons Hands Neither did their Cruelty cease here but because your Petitioner by God's Mercy miraculously supporting him and the extraordinary Skill of a Judicious Chirurgion outlived that Bloody Usage some of them afterwards got into your Petitioner's Chamber whilst he was weak in his Bed and attempted to pull off the Plaisters apply'd to cure his Back and threatned to destroy him And that nothing within their Power or Malice might be wanting to compleat your Petitioner's Misery they procured him to be loaded with Irons of excessive Weight for a whole Year without any Intermission even when his Legs were swoln with the Gout and to be shut up in the Dungeon or Hole of the Prison whereby he became impair'd in his Limbs and contracted Convulsion Fits and other Distempers to the great Hazard of his Life All which illegal Proceedings and barbarous Inhumanities your Petitioner humbly conceives were not only intended as a Revenge upon him but likewise to cast a Reproach upon the Wisdom and Honour of four successive Parliaments who had given him Credit and upon the Publick Justice of the Nation And your Petitioner humbly hopes that since the Papists themselves have verified and confirmed his Evidence by their late open and avowed Violations of our Religion Laws and Liberties this Honourable House will vindicate the Proceedings of former Parliaments and discharge your Petitioner from those Arbitrary and Scandalous Judgments and the unjust Imprisonment he lies under Your Petitioner doth therefore most humbly beseech your Lordships and your Honours to take his deplorable Case into your generous and tender Consideration and to give him such Redress therein as to your Lordships and your Honours great Wisdom Justice and Goodness shall seem meet And your Petitioner shall ever pray c. An Account of the Convention of SCOTLAND THE Convention of Scotland met the 14 th of March 1685 in Obedience to the Prince of Orange's Letteâ—â— They choice the Duke of Hamilton their President â—fter which they had several Debates about the Duke of Gâ—â—don a Papist who keeps the Castle notwithstanding many offers of Surrender does still keep it for King James They read a Letter from the King of England in which he exhorts them to lay aside all Animosities and Factions and mind the Publick Good in securing the Protestant Religion and the ancient Laws and Liberties of the Kingdom on sure and lasting Foundations particularly that they would endeavour a Union between both Kingdoms as one of the best Means for the Happiness of both especially at this time when the common Enemy is restless to procure the ruine of Britain and the Protestant Religion every-where After which a Letter was read from King James requiring them to support his Royal Authority by many Threats and Promises which made no Impression on them but after some time they drew up and sent a Letter to King William full of dutiful Respects promising to do that which may be acceptable to him and suitable to the Genius of the Nation After setling the Militia and other State-Matters and having resolved the Power into themselves they appointed a Commitee of 24 made up of all the Estates to settle the Government Which Commitee have provided for the full Meeting of the Convention Grounds and Reasons on which they have declared the Throne Vacant A SPEECH made by a Member of the Convention of the States in SCOTLAND WE are now called together by his Highness the Prince of Orange to Consult and Deliberate what Methods will be most proper to secure Our Religion Laws and Liberties in order to which the first thing that will fall under our Consideration is the setling the Sovereign Power I take for granted that you are fully convinced that King James the Seventh by his many Violations of the Fundamental Laws by his endeavouring to establish a Despotick and Arbitrary Power and introduce Popery tho he himself had confirmed all the Laws that were enacted in Favour of the Protestant Religion has thereby subverted the Constitution and that our Miseries might have no Redress from him has left us in a time when we needed his Protection most The Eyes of all Europe are upon us and it is in our Power to make our Selves and our Posterity either Happy or Miserable by making a choice either to call back the same King James and hazard once more all that Men account dear to his Mercy or to settle the Government on some other under whom we may live Quiet and Peaceable Lives without the perpetual Terror of being swallowed up by Popery and Arbitrary Government which all good Men hoped were now banished and yet behold a new Off-spring is sprung up which plead eagerly for both tho under the mistaken Names of Duty and Allegiance It 's strange that any Man can so far degenerate as to prefer Slavery to Liberty and that they should be so much in love with Chains that when they were fairly shaken off they should run suriously to be Fettered again as if the Ottoman and French Government were so charming in our Country that we cannot live without it tho we have so lately groaned under the dismal Burden of it And it might have been supposed that even these who had been Instrumental in Enslaving their Fellow-Brethren and were grown Fat with Sucking the Nations Blood would have taken another Method to Reconcile themselves than by persuading us to purchase their Safety at so vast an Expence as the Ruin of more than three Parts of the Nation will necessarily amount to If we do but a little reflect on the Motives which these Men blinded by Self-Interest make use of to delude the Nation into a Security that wanted very little of proving Fatal to it and compare them with the strong Reasons we have to disswade us from being so imposed on they will be found so Weak and Impertinent that we must judg it next to Impossibility to suffer our selves to be twice Deceived But if the Experience of our former Miseries
disbanding such Vermin and ridding them out of the Land. And the reason why the Protestants could not be trusted was as certain For if the King would not trust his Protestants nay disarm'd them when Papists were both arm'd and Employ'd what reason had the Protestants to trust the King. And this was that which among other Things created and foster'd those General and Violent Dissatisfactions in the Nation For Men have naturally a general and violent Antipathy against having their Throats Cut if they can help it And therefore since the Kingdom by a Miraculous Providence had obtain'd its Redemption 't is to be wonder'd the Discusser should imagine 't was ever intended that the late K. should be in a Condition again to oppose either his own or the persons of any others against the Arms of the Prince or those of his own Subjects And whereas he says that the King 's Mortal Enemies were to be the Judges of his Crown and Dignity the Discusser should have done well before he had made his Reflection upon so many Eminent Patriots to have consulted Grotius l. 1. c. 4. Par. 8. and the Example of Pausamias King of Lacedamon there cited Certainly there was no such Impossibility but that a Free and Indifferent Parliament might have been chosen to deal equally between the King and the People For tho the King perhaps might be conscious that he could not so well rely upon the Kindness of those to whom he had always had such an inveterate Antipathy yet he might have rely'd upon the Justice of so many Great and Worthy Personages So that it is the Discusser himself who out-faces the Sun and tramples upon the Understandings and Senses of the whole Nation who makes these little Rhetorical Flourishes to palliate and obscure the Truth and to insinuate among the People as if Wrong and Injustice had been done where nothing was acted but what was a due debt to Self-Preservation And with the same Brazening the Discusser out-faces the Sun and tramples upon the Senses of the Nation to assert that a Desertion of the Government after such Proposals which were rather Assurances of his Safety was no Desertion He had been safer in the Affection of the People when all his evil Counsellers had been remov'd from about him he had been safer from the Importunities of his Priests and Jesuites He had been more secure from running himself into farther danger and safer in the Enjoyment of his Royal Dignity But he who had so Solemnly sworn to Establish Popery in England or die in the Attempt thought himself no where safe perhapps but where he might be procuring his future Bliss by the Performance of his Vow The Discusser now advances to the King 's second withdrawing and puts the Question what the King had done to incar a forfeiture by his first Retirement Indeed what had he not done If the Discusser forgot in his Discussing Heat the Declaration presented to their Present Majesties would have rubb'd up his Memory Among the rest there was one That he had endeavoured to Subvert and Extirpate the Protestant Religion and the Laws and Liberties of the Kingdom by raising and keeping a Standing Army in the Kingdom in time of Peace without Consent of Parliament and quartering Souldiers contrary to Law and by causing several of his good Subjects to be Disarm'd at the same time when Papists were bâ—th Arm'd and Employ'd Now to what purpose was all this but to Subject the Kingdom to the Tyranny of the Pope In such a case Barelay cited by Grotious l. 1. c. 4. per. 10. gives this for his Opinion Si Rex regnum alinet aut alij Subjiciat amitti ab eo Regnum To which Grotius himself adds Si Rex reipsa tradere regnum aut Subjicere molliatur quin ei resisti in hoc posse non dubite Alind est enim Imperium aliud habendi modus qui no mutetur obstare potest Populus After all this it cannot be imagin'd that the King returned the second time with an intention to govern unless he might govern at his own will and Pleasure as he did before But that would not be suffer'd him for they who had now avoided the Yoke so near putting about their Necks would never endure it should come so near their shoulders again Therefore all the Probality in the World is on this side That the King perceiving that by taking the Goverment upon him again he should not be able to attain those Ends which he had made the Business of his whole Reign resolv'd to relinquish it altogether At which time being at liberty to go or stay his Departure must of necessity be accounted Voluntary and consequently an Absolute Abdication Lastly it is impossible that the King could be frighted out of his Dominions by the making of two or three Addresses to his then Royal Highness the Prince of Orange for it was no more than rationally he could expect would be done more especially from the City to the Person who next under God had deliver'd them from their Continual fears of Fire and Sword. Nor by the denying him a little Gold to Heal with which looks like an improbable Story of the Discusser's own framing These are Motions so inconsiderable for a King to forsake his Dominions that the Discusser seems to have Conjur'd them up meerly to degrade the Courage of the Absenting Monarch and to mortify his own Discussion But after all the Question may be fairly put whether Withdrawing in the Construction of our Law does not rather imply a Guilt than an Apprehension of Danger unless it be that of being call'd to an Account since the Query always propounded to the Jury is Did he fly for 't Which indeed ought to be the Legal Determination of this Dispute However the Discusser goes on and tells us We are to observe that to abdicate an Office always supposes the Consent of him who quits And this he affirms to be the meaning of the Word out of Salust Tully Livy and Grotius But both the Supposal and the Asseveration are false For Consent implies that the Question must be put Whether the Person will Abdicate or no Which never was put to any Abdicator in this World. Upon a forc'd Resignation it has But a forc'd Resignation is no Abdication Certain it is that Abdicare signifies to renounce forgoe or abandon And the Motives to this Abdication are various and generally prevailing upon the Reason of the Person that Abdicates himself according to the Condition of Affairs and the Circumstances he is under And therefore tho a Magistrate may abdicate with the consent of others yet he rarely does it out of a natural Inclination Thus it cannot be imagined that Lentulus one of the Conspirators with Catiline abdicated the Pretorship with the Consent of his own Will for he was one of the most aspiring Men in the Universe but because he found himself so obnoxious that he could hold it no longer Thus Sylla abdicated the
Gentleman but knew not what he knew And when he had once abandon'd the Kingdom all forlorn without either Head or Conduct without Council or any Countenance of Authority then according to the Judgment of the Common-wealth of Venice in reference to the Succession of Henry the 4 th it belong'd to the Nobility and chief Persons of the Land as they are the chief Defence of the Royal Authority to take care of the Publick Safety whether by usual or unusual Methods of proceeding it matters not and they have both the Authority of Law and Necessity to justify their Proceedings As for his being invited back upon Honourable Terms 't is well known how he return'd back and went through the City on the Sunday Night attended by his own Guards and lodg'd in White-Hall and this most certainly in order to an Accommodation Only because the Prince was coming to Town he was sent to and for the avoiding any Disturbance that might be prejudicial to his Person was humbly desir'd to retire to Ham-House with Liberty to make choice of what Persons he thought fit to attend him Which he promised to do but recollecting himself and desiring to know whether he might not return back to Rochester word was sent him the next Morning that he might do as he pleas'd All this while here was no Constraint put upon him so that he could not be said to be driven out of his Dominions but that it was his own Choice to forsake it Notwithstanding all this The Discusser will undertake to prove That the King before his withdrawing had sufficient Grounds to make him apprehensive of Danger and therefore it could not be call'd an Abdication But through the whole Pursuit of his Argument the Discusser most wretchedly mistakes the Point quite mistaking the Effects for the Causes For says he Had not the King great Reason to retire to secure his Person and his Honour when he had met with so many unfortunate Disappointments with so many surprising and unparallel'd Accidents When part of the Army was revolted and the Remainder too apparently unserviceable When the People had such fatal and unremoveable Prejudices against his Service When there were such terrible Disorders in the Kingdom and all Places were either flaming or ready to take Fire What should a Prince do when he had scarce any thing left him to lose but himself but consult his Safety and give way to the irresistable Evil These are very great Disappointments and evil Accidents indeed to befal a Prince But the Discusser forgets to tell ye That the Prince brought all these Inconveniencies upon himself The Discusser tells ye that part of the Army revolted but he omits to tell ye that it was out of a Generous Principle for that being Protestants they would not embrue their Hands in the Blood of their Fellow Protestants and Countreymen nor be Instruments to enslave the Nation He tells ye of terrible Disorders in the Kingdom but does not tell ye it was time for the People to be in Disorder when they saw such Incroachments upon their Ancient Franchises such Inundations of Popery flowing in upon their Consciences and such a rapid Violence of French Thraldom tumbling in upon their Necks He complains that all Places were either flaming or ready to take Fire but forgets to tell you who were the Incendiaries These therefore with several others of the same Nature being the true Causes that drew the foresaid Inconveniencies upon the King it follows that tho the Secondary Constraint of his withdrawing might be occasion'd by the Effects yet the Primary Cause of his withdrawing proceeded from the First Causes which produced the Effects Consequently such a Retiring was voluntary and not forc'd because he may be justly said to fly from something of dreaded Punishment rather then pursuing Danger from which he was always at a distance far enough off but dubious what would become of him as to the Former The Discusser makes many other grievous Complaints to justify the King's First withdrawing for hitherto he is altogether upon that but when he comes to sum up all In short says he when the Forts and Revenue were thus disposed of when the Papists were to be disbanded and the Protestants not to be trusted when the Nation was under such general and violent Dissatisfactions when the King in case of a Rupture had nothing upon the matter but his single Person to oppose against the Princes Arms and those of his Subjects when his Mortal Enemies were to sit Judges of his Crown and Dignity if no father when Affairs were in this tempestuous Condition to say that a Free and Indifferent Parliament might be chosen with the Relation to the King 's Right as well as the People's and that the King had no just visible Cause to apprehend himself in Danger is to out-face the Sun and trample upon the Understandings and almost upon the Senses of the whole Nation As for the Fortified Towns it was but Reason that his then Highness the Prince of Orange who came over to rescue the Nation from Arbitrary Violence and Oppression should demand them to be put into his Power well Knowing them to be then in the Hands of Irish Papists and Cut-Throats of whom the People stood in Perpetual Fear and who were rather a Consternation then Security to the Kingdom And the same reason holds in Relation to the Revenue For all the World knows what Vast Sums had been Squander'd away by the late King when Duke to keep off the sitting of Parliaments and to buy off the Members when they Sate and when that Money was spent so much to the Detriment of the Realm what Sollicitations were made to the French King for more to carry on the Popish Cause and Interest It was as well known how the Revenue had of late Years been Embezl'd to keep up a standing Army of Irish Ragamuffins as if England were now in its Turn to have been conquer'd by Ireland as formerly Ireland had been conquer'd by England From which fears when his present Majesty had delivered the Nation it was but reason that his Army should be pay'd out of the Publick Stock for their happy Toyl and labour For the Publick Revenue of all Kingdoms and States was ever Originally intended for the Preservation and not the Destruction of the People Upon the Disbanding of the Papists the Discusser makes a special Observation That no Test-Acts nor any Others could barr the King from Listing them as Common Souldiers This perhaps may be true that is to say that a Protestant Prince may list Papists and a Popish Prince Protestants to follow him in a lawful War. But when a Popish Prince in a Protestant Nation had made his chiefest Levies of Popish Common Souldiers to over-aw his Protestant Subjects and put his sole Confidence in them for his known and open Designs and manifest Endeavors to introduce Popery into a Protestant Kingdom contrary to the Law 't was time then to think of
Dictatorship out of a Vain-glorious Opinion of Felicity that attended him and to shew that he had such an awe over the Romans that tho he were a Private Person no body durst call him to an Account for the Cruelties he had committed History tells us that Dioclesian abdicated the Empire for madness that he could not have his Will of the Christians How does the Discusser know but that King James abdicated the Government because he could not have his Will of the Protestants Charles the V th abdicated the Empire because he found his wonted Good Fortune had left him Bernard Rasfield Bishop of Munster finding himself between two Grindstones the Persecution of the German Priests for going about to deprive them of their Concubines and the Pope's Excommunication if he did it not abdicated his Principality and Bishoprick that he might be at quiet Lastly to shew that Abdication does not always imply Consent Brutus compell'd Tarquinius Collatinus to abdicate the Consulship only because his Praenomen was invisum Civitati And then as for what the Discusser adds out of Grotius That a Neglect or Omission in the Administration of Government is by no means to be interpreted a Renunciation of it there 's no Body censures the late King for any Omission or want of Diligence in the Administration of his Government for he was too diligent indeed and that Diligence was the main Grievance which disgusted the People his Diligence to extirpate the Protestant Religion his Diligence to subvert the Laws and Liberties of the Ringdom and his Diligence to introduce Popery And this Diligence 't is to be fear'd was one of the main Causes of his Abdication Had he omitted more he would have had less reason to have abdicated And therefore it is a Vanity to infer that there can be no Pretence for an Abdication because the Word as he says always that is very rarely or never supposes the Consent of him that quits For that it is not in the Nature of Man to abdicate Empires Kingdoms Wealth and Honours but there must be some compulsive Reason within that moves them to it When Princes find the Times and Constitutions of the Kingdom will not bear their Government when Emperors grow stiff and stark with Age and begin to feel the Lashes of ill-Fortune when Ambitious Aspirers perceive they must take other Measures to compass their Designs then they swallow a self-denying Ordinance and think it convenient to retire from the Cares of the World or out of Harms way The Discusser says We have but two Instances with us which look like an Abdication since the Conquest which are in the Reigns of Edward II. and Richard II. both which were unjustly depos'd by their Subjects 'T is true they were so far from looking like Abdications that they were no Abdications at all For both those Princes being under a strict Confinement it was impossible for them to abdicate unless they could have made their Escapes Therefore they were forc'd Resignations and consequently formal Deposals Nor had the Queen or Henry of Lancaster any cause to declare the Throne Vacant as having already taken care to fill it themselves And whether those Princes would have resign'd or no it would have signified little to them that were by Claim in Possession But the Discusser has overslipp'd one Instance of a Perfect Abdication since the Conquest which the King would have certainly felt to his Cost had not the Pope and the Poictovins been his true Friends and the Case was much the same as at this Time. For the Lords and Barons of the Realm in the Reign of King John having often desired the King to restore them their Ancient Rights and Liberties and finding nothing but Delusions resolve no longer to be abus'd but betake themselves to Arms. The King then lying at Windsor and perceiving himself too weak for the Lords thought it no good way to proceed by Force but rather by Fraud and therefore sends to the Lords that if they would come to Windsor he would grant their Demands Thither the Lords repairing tho in a Military Manner for they durst not trust the King's Word he saluted them all kindly and promis'd to give them Satisfaction in all they demanded And to that Purpose in a Meadow between Stains and Windsor call'd Running-Mead he freely consented to confirm their former Charters and was content that some Grave Personages should be made choice of to see it confirm'd But the next Day when it was to be done he withdraws himself privately to South-Hampton and thence to the Isle of Wight Where it was concluded that he should send to the Pope acquaint him with the Mutiny of his Lords and require his Holinesses help In the mean time the King lay sculking up and down for three Months together in Corners that no Body knew where to find him or which was worse as some write roving and practising Pyracy upon the Neighbouring Seas Whether the Lords and Barons did in Words declare this to be a Vacancy of the Throne is not material to enquire Perhaps they were not so curious in those Days But what they did in Deeds amounted to the same as if they had done it in Words For perceiving themselves thus eluded they swore upon the Holy Altar to be reveng'd And what Revenge that was likely to have been is easy to conjecture by their swearing Allegiance afterwards to Lewis the French King's Son and bearing Fealty to him till the Death of the King. Whence it may be inferr'd That if a Prince in Hostility with his Subjects deserts his Kingdom upon any Account They who are next to the Government are not to hesitate as King John's Barons did in expectation of the King's Return but immediately to take care of the Common Safety lest they should bring the same Ruin upon the Kingdom as those Barons did by their Delay Lastly If the Discusser will not be convinc'd by what has hitherto been said Let him examine the King 's own words and try whether he can pick out any better Construction out of them then that which I shall make Says the late King in his Letter to the Earl of Feversham Things being come to that Extremity that I have been forc'd to send away the Queen and my Son the Prince of Wales that they might not fall into my Enemies hands I am oblig'd to do the same thing and to endeavour to secure my self the best I can c. Expressions of a disponding Mind and only full of Grief for the Disappointment of the Popish Career The King was afraid of the Queen and his Son the Prince of Wales as he calls him and therefore deeming it convenient to send Them out of the way believes himself oblig'd to follow them 'T is true there might be some Reason perhaps for him to send Them away but none to send away himself not being under the same Circumstances For let it be Paternal or Conjugal Affection or both together What