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A43914 The history of the Association, containing all the debates, in the last House of Commons, at Westminster concerning an association, for the preservation of the king's person, and the security of the Protestant religion : the proceedings about an association in the reign of Queen Elizabeth, and a true copy of the Association, produced at the Earl of Shaftsbury's tryal, and said to be found in his lordships study, with some observations on the whole : to which is added by way of postscript reflections on the parallel between the late Association, and the Solemn League and Covenant. England and Wales. Parliament. House of Commons. 1682 (1682) Wing H2144; ESTC R13449 34,008 34

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be disbanded at the Kingdoms great Expence And it being evident that notwithstanding all the continual endeavours of the Parliament to deliver his Majecty from the Councils and out of the Power of the said D. yet His Interest in the Ministry of State and others have been so prevalent that Parliaments have been unreasonably Prorogued and Dissolved when they have been in hot pursuit of the Popish Conspiracies and ill Ministers of State their Assistants And that the said D. in order to reduce all into his own power hath procured the Garrisons the Army and Ammunition all the power of the Seas and Soldiery and Lands belonging to these three Kingdoms to be put into the hands of his Party and their Adherents even in opposition to the Advice and Order of the last Parliament And as we considering with heavy Hearts how greatly the Strength Reputation and Treasure of the Kingdom both at Sea and Land is Wasted and Consumed and lost by the intricate expensive management of these wicked destructive Designes and finding the same Councils after exemplary Justice upon some of the Conspirators to be still pursued with the utmest devilish Malice and desire of Revenge whereby his Majesty is in continual hazard of being Murdered to make way for the said D.'s Advancement to the Crown and the whole Kingdom in such case is destitute of all Security of their Religion Laws Estates and Liberty ad experience in the Case Queen Mary having proved the wisest Laws to be of little force to keep out Popery and Tyranny under a Popish Prince We have therefore endeavoured in a Parliamentary way by a Bill for the purpose to Bar and Exclude the said Duke from the Succession to the Crown and to Banish him for ever out of these Kingdoms of England and Ireland But the first means of the King and Kingdoms Safety being utterly rejected and we left almost in Despair of obtaining any real and effectual security and knowing our selves to be intrusted to Advise an Act for the preservation of His Majesty and the Kingdom and being perswaded in our Consciences that the dangers aforesaid are so eminent and pressing that there ought to be no delay of the best means that are in power to secure the Kingdom against them We have thought fit to propose to all true Protestants an Vnion amongst themselves by solemn and sacred promise of mutual Defence and Assistance in the preservation of the true protestant Religion His Majesties Person and Royal State and our Lawes Liberties and Properties and we hold it our bounden Duty to joyn our selves for the same intent in a Declaration of our Vnited Affections and Resolutions in the Form insuing I A. B. Do in the presence of God solemnly Promise Vow and Protest to maintain and defend to the utmost of my Power with my Person and Estate the true Protestant Religion again Popery and all Popish Superstition Idolatry or Innovation and all those who do or shall endeavour to spread or advance it within this Kingdom I will also as far as in me lies Maintain and defend his Majesties Royal Person and Estate as also the Power and Priviledg of Parliaments the lawful Rights and Liberties of the Subject against all incroachments and Vsurpation of Arbitrary power whatsoever and endeavour entirely to Disband all such Mercenary Forces as we have reason to believe were Raised to Advance it and are still kept up in and about the City of London to the great Amazement and Terror of all the good People of the Land Moreover J. D of Y. Having publickly professed and owned the Popish Religion and notoriously given Life and Birth to the Damnable and Hellish Plots of the Papists against his Majesties Person the Protestant Religion and the Government of this Kingdom I will never consent that the said J. D. of Y. or any other who is or hath been a Papist or any ways adher'd to the Papists in their wicked Designs be admitted to the Succession of the Crown of England But by all lawful means and by force of Arms if need so require according to my Abilities oppose him and endeavour to subdue Expel and Destroy him if he come into England or the Dominions thereof and seek by force to set up his pretended Title and all such as shall Adhere unto him or raise any war Tinnult or Sedition for him or by his Command as publick Enemies of our Laws Religion and Country To this end we and every one of us whose hands are here under written do most willingly bind our selves and every one of us unto the other joyntly and severally in the bond of one firm and Loyal Society or Association and do promise and vow before God That with our joynt and particular Forces we will oppose and pursue unto Destruction all such as upon any Title whatsoever shall oppose the Just and Righteous Ends of this Association and Maintain Protect and Defend all such as shall enter into it in the just performance of the true intent and meaning of it And lest this Just and Pious work should be any ways obstructed or hindred for want of Discipline and Conduct or any evil minded persons under pretence of raising Forces for the service of this Association should attempt or commit Disorders we will follow such Orders as we shall from time to time receive from this present Parliament whilst it shall be sitting or the Major part of the Members of both Houses subscribing this Association when it shall be Prorogued or Dissolved And obey such Officers as shall by them be set over us in the several Countries Cities and Burroughs until the next meeting of this or another Parliament and will then shew the same Obedience and Submission unto it and those who shall be of it Neither will we 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 suppressed as Perjured Persons and Publick Enemies to God the King and our Native Country To which Pains and Punishment we do voluntarily submit our selves and every one of us without benefit of any Colour or Pretence to excuse us In Witness of all which Premises to be inviolably kept we do this present Writing put our Hands and Seals and shall be most ready to accept and admit any others hereafter into this Society and Association This contrived peice of scandalous Treason is that which was said or rather sworn to have been found in the Earl of Shaftsbury's Study Now whether the Paper were really in the Hair Trunk or put into the Velvet Bagg among other loose Papers is a dispute of another Nature However the Paper being found or pretendedly found in the Earls Study the business was prosecuted by the Attorny General before special Commissioners of Oyer and Terminer the 24th of November 1681 upon a Bill of Endictment for High Treason against Anthony
afraid such Bills as these will not do our business because they will not destroy that footing which they have at Court nor strengthen the Protestant Interest which must have its original from Union It is strange that none but those who are for the Duke's interest should be the only persons thought fit to be in places of trust It is so strange a way to preserve the Protestant Church and Religion that it raiseth with me a doubt whether any such thing be designed Such Persons may be proper to manage Affairs in favour of the Popish interest but it is to be admired that they and they only should be thought fit to be intrusted with the Protestant interest I think it as hard for them to do it as to serve two Masters It is not usual in other Countryes to retain their Enimies in the Government nor such as are Friends to their Enimies and it is strange that we of all other Nations should fall into this piece of Policy But Sir for these reasons you may conclude that unless what Laws you make be strong and well penned they will signifie nothing against so powerful a Party as you have to do with Sir W. J. Sir there hath been so much said already upon the Subject-matter of this Debate that I shall have little occasion to trouble you long The worthy Member that spoke a while since hath shewed you from whence our fears of Popery arise from the dependance they have of assistance from France Ireland and Scotland in case there should be a Popish King besides the Party they have here and the advantage they will have by the Government which is already secured for that Interest and of it self would be sufficient to contest with the Protestant interest who in such a case would have no King to head them no persons in any place of trust to execute any Laws in their behalf nor no legal power to defend themselves And therefore seeing there is a Negative past upon the Bill we had contrived to secure us from these great dangers I think Sir we may do well to try if we can get any thing else But I am perswaded if this Association-Bill be made as it should be that we shall have no better success with it than we had with the Exclusion-Bill For I am afraid that though we are permitted to brandish our Weapons yet that we should not be allowed to wound Popery but rather do believe that they which advised the throwing out of that Bill will also do the same by this or dissolve the House before it come to perfection For this Bill must be much stronger than that in Queen Elizabeths days that was for an Association only after her death but I cannot tell if such a Bill will secure us now the circumstances we are under being very different In Queen Etizabeths days the Privy Councellors were all for the Queens Interest and none for the Successors now most of the Privy Councellors are for the Successors and few for the King 's Then the Ministers unanimously agreed to keep our Popery now we have to much reason to fear there are many that are for bringing it in In those days they all agreed to keep the Popish Successor in Scotland now the Major part agreed to keep the Successor here all which must be considered in drawing out of the Bill After all these debates it was at length Resolved That it is the opinion of this Committe that the House be moved that a Bill be brought in for an Association of all his Majesties Protestant Subjects for the safety of his Majesties Person the defence of the Protestant Religion and the preservation of his Majesties Protestant Subjects against all invasions and Oppositions and for preventing the Duke of York or any other Papists from succeeding to the Crown December 17. 1680. THe House resolved into a Committee further to consider of ways and means to secure the Kingdom against Popery and Arbitrary Government and after several Debates how ineffectual all Laws would prove without having good Judges Justices and others in Commission that will execute them and how frequent Parliaments would conduce to have Laws put duely in execution Resolved That it is the Opinion of this House that the House be moved that a Bill be brought in for the more effectual securing of the Meetings and Sittings of frequent Parliaments Resolved That it is the Opinion of this Committee that the House be moved that a Bill be brought in that the Judges may hold their Places and Sallaries quam diu se bene gesserint Resolved That it is the Opinion of this Committee that one means to prevent Arbitrary Power is that the House be moved that a Bill be brought in against illegal exaction of Money upon the people to make it High Treason Reported to the House and agreed to His Majesties Speech made to both Houses Decemb. 15. was read J. H. Mr Speaker SIR The Veneration that is due to all His Majesties Speeches doth require that we should seriously Debate them before we give any Answer to them but the circumstances we are under at this time challenge a more than ordinary Consultation For by the tenor of the Speech I conclude that the Success of this Parliament depends upon our Answer to it and consequently the safety of the Protestant Religion both at home and abroad And therefore I think my self very unable to advise in this matter and should not have attempted it but that you have encouraged me by your leave to speak first So that if I offer any thing amiss those that come after will have opportunities to correct me I would begin with the latter end of the Speech first because that part of it is most likely to be get a fair understanding between his Majesty and this House But I cannot but observe what great care is here again taken of preserving the Succession in the Right Line as in all other his Majesties Speeches ever since the Plot break out I think more could not be done though it were in behalf of the Kings Son and a Protestant too That limitation and his Majesties offers of securing the Protestant Religion if by Succession in the Right Line may be meant the Duke upon many Debates in this House is found irreconcileable and therefore must be imputed to those that have advised his Majesty thereto To preserve the Right of Succession in the Duke is to preserve something or nothing The something must be no less then the Crown in case of his Majesties death and so consequently the interest of the Popish party who after one hundred years endeavours to have a Prince of their Religion the indefatigable industry of the Jesuits to obtain it and the loss of so much Blood spent therein will besides their principles and inclinations lay on them great obligations to make use of the opportunity to establish their Religion again in this Nation So that I must confess these reservations
the House a great deal of time And for my part I am not for enumerating many Bills but should be content to give Money upon having the Exclusion Bill only which being so precisely necessary for the preservation of our Religion all the world will justifie us in the demanding it before we part with Money and therefore I desire the Committe may draw up the Address accordingly Resolved That a Committee be appointed to prepare an Humble Address to His Majesty upon the Debate of the House in answer to His Majesties Speech December 20. 1680. Mr. Hampden reports the Address which was read The Humble Address of the House of Commons presented to his Majesty in Answer to his Majesties Gracious Speech to both Houses of Parliament upon the 15th day of the same December May it please your most Excellent Majesty WE Your Majesties most Dutiful and Loyal Subjects the Commons in this present Parliament Assembled have taken into our serious Consideration Your Majesties Gracious Speech to both Your Houses of Parliament on the 15th of this Instant December and do with all the grateful Sense of Faithful Subjects and sincere Protestants acknowledg Your Majesties great goodness to us in renewing the assurances You have been pleased to give us of your readiness to concur with us in any m●●● for the security of the Protestant Religion and Your Gracious Invitation of us to make our desires known to your Majesty But with grief of Heart we cannot but observe that to these Princely Offers your Majesty has been advised by what secret Enemies to Your Majesty and Your People we know not to annex a Reservation which if insisted on in the instance to which alone it is applicable will tender all Your Majesties other Gracious Inclinations of no effect or advantage to us Your Majesty is pleased thus to limit Your promise of Concurrence in the Remedies which shll be proposed that they may consist with preserving the Succession of the Crown in it's due and legal course of Descent And we d● humbly inform four Majesty that no Interruption of that Descent has been endeavoured by us except only the Descent upon the Person of the Duke of York who by the wicked Instruments of the Church of Rome has been manifestly perverted to their Religion And we do humbly represent to Your Majesty as the Issue of our most deliberate Thoughts and Consultations that for the Papists to have their hopes continued that a Prince of that Religion shall succeed in the Throne of these Kingdoms is utterly inconsistent with the Safety of your Majesties Person the preservation of the Protestant Religion and the Prosperity Peace and Welfare of your Protestant Subjects That your Majesties Life is in continual danger under the prospict of a Popish Successor is evident not only from the Principles of those devoted to the Church of Rome which allow that an Heritical Prince and such they term all Protestant Princes Excommunicated and Deposed by the Pope may be destroyed and murthered but also from the Testimonies given in the prosecution of the horrid Popish Plot against divers Traitors attainted for designing to put those accursed Principles into practice against Your Majesty From the expectation of this Succession has the number of Pupists in your Majesties Dominions so much increased within these few years and so many been prevailed with to desert the true Protestant Religion that they might be prepared for the Favours of a Popish Prince assoon as he shall come to the possession of the Crown And while the same Expectation lasts many more will be in the same danger of being perverted This it is that has hardned the Papists of the Kingdom animated and confederated by their Priests and Jesuits to make a Common Purse provide Arms make application to Forreign Princes and sollicite their Aid for imposing Popery upon us and all this even during Your Majesties Reign and while Your Majesties Government and the Laws were our protection It is Your Majesties Glory and true Interest to be the Head and Protector of all Protestants as well abroad as at home But if these hopes remain what Alliances can be made for the advantage of the Protestant Religion and Interest which shall give confidence to Your Majesties Allies to joyn so vigorously with your Majesty as the State of that Interest in the World now requires whilst they see this Protestant Kingdom in so much danger of a Popish Successor by whom at the present all their Councils and Actions may be eluded as hitherto they have been and by whom if he should succeed they are sure to be destroyed We have thus humbly laid before your Majesty some of those great Dangers and Mischiefs which evidently accompany the expectation of a Popish successor The certain and unspeakable Evils which will come upon your Your Majesties Protestant Subjects and their Posterity if such a Prince should inherit are more also than we can well enumerate Our Religion which is now so dangerously shaken will then be totally overthrown nothing will be left or can be found to protect or defend it The execution of old Laws must cease and it will be vain to expect new ones The most sacred Obligations of Contracts and Promises if any should be given that shall be judged to be against the Interest of the Romish Religion will be violated as is undeniable not only from Argument and Experience elsewhere but from the sad Experience this Nation once had on the like occasion In the Reign of such a Prince the Pope will be acknowledged Supream though the Subjects of this Kingdom have sworn the contrary and all Causes either as Spiritual or in order to Spiritual Things will be brought under his Jurisdiction The Lives Liberties and Estates of all such Protestants as value their Souls and their Religion more than their secular Concernments will be adjudged forfeited To all this we might add That it appears in the discovery of the Plot that Forreign Princes were invited to assist in securing the Crown to the Duke of York with Arguments from his great Zeal to establish Popery and to extirpate Protestants whom they call Hereticks out of his Dominions and such will expect performance accordingly We further humbly beseech Your Majesty in Your great Wisdom to consider Whether in case the Imperial Crown of this Protestant Kingdom should descend to the Duke of York the opposition which may possibly be made to his possessing it may not onely endanger the farther descent in the Royal Line but even Monarchy it self For these Reasons we are most humble Petitioners to Your most Sacred Majesty That in tender commiseration of Your poor Protestant People your Majesty will be graciously pleased to depart from the Reseruation in your said Speech and when a Bill shall be tendred to Your Majesty in a Parliamentary way to dissable the Duke of York from inheriting the Crown Your Majesty will give your Royal Assent thereto and as necessary to fortifie and defend
Earl of Shaftsbury His Grand-Jury were The GRAND-JURY Sir Samuel Barnardiston John Morden Thomas Papillon John Dubois Charles Hearle Edward Rudge Humphrey Edwin John Morrice Edmund Harrison Joseph Wright John Cox Thomas Parker Leonard Robinson Thomas Shepherd John Flavell Michael Godfrey Joseph Richardson William Empson Andrew Kendrick John Lane John Hall Who having altogether heard and examined the Evidence that was brought against him of which the chiefest were a band of Irish Rakeshames after a short though serious debate among themselves they returned the Bill IGNORAMUS The Kings and the Kingdoms Enemies being thus defeated in their Design set their Mercenary Pens at work to Prosecute the very ASSOCIATION which they had themselves contrived with all the fury imaginable and to that purpose it was teized and clawed off and Parrallel'd with the Covenant and laden with all that IGNOMINY which it well deserved Though all this while their Indignation was not so much against this Form of ASSOCIATION of their own contriving but as it were through the sides of that to wound all manner of Legal and Loyal ASSOCIATIONS more especially that which the PARLIAMENT were about to have devised in a Legal and Parliamentary way and in pursuance of his Majesties most Gracious promises Thereupon after they thought they had rendered the Issue of their own brains sufficiently deformed as indeed it could appear no otherwise in the eyes of all true Protestant English-men then they began to set up Abhorrencies of all manner of ASSOCIATIONS and having drawn in the Credulous Ignorant and Unwary to sign their plausible Addresses threw them at the feet of Majesty as the choicest Jewels of the Kingdoms Loyalty whereas indeed the Grand Arcanum of these Abhorrences was to provoke and incence the People against all manner of ASSOCIATIONS how necessary and expedient for the safety of the King and Kingdom or how Legal soever and thereby to put them out of Love with the most probable means for the safety of their Prince and themselves and madly to abhor their own Preservation If self preservation be a thing to be allowed to all men even every individual Person by the Law of Nature certainly the Preservation of the great Monarch and three Kingdoms is much more congruous even to the Laws of God So that indeed it is a shame that these late ABHORRERS should under the pretence of Loyalty shew themselves so Disloyal and void of Future Prospect as to be gull'd with the sh●ddow of a forged contrivance into a Dislike and Abhorrency of Legal and Parliamentary Proceedings We find in the Learned Camden that the Earl of Leicester zealous for the good of the Queen and Kingdom and seeing the imminent dangers wherein both were involv'd procured an ASSOCIAATION with Seals and Subscriptions to it without her knowledg and yet she was Princess that used to be very smart upon those that attempted any thing without it Nevertheless she was so far from thinking it a Crime or blaming her Great Minister that she not only gave her Parliament Liberty to confirm it but gave them her thanks in these words The Association you entred into for my safety I have not forgotten a thing I never so much as thought of till a great number of hands and Seales to it were shewed me This has laid a perpetual Tye and Obligation upon me to bear you a Singular good will and Love who have no greater Comfort then in Yours and the Common-Wealth's Respect and Affection toward me Cambdens Eliz. l. 3. p. 365. From whence it may seem probable that the world would have had no reason to think ill of any of those who had it in their power seeing the Parliament fail'd had they imitated the Earl of Leicester and procured an Association of the same nature of all his Majesties Loyal Subjects rather than to promote and connive at Abhorrences of the only way which the PARLIAMENT could think of for his preservation there is no question to be made but his Majesty who is all goodness and clemency might have prov'd as thankful as Queen Elizabeth Sir Francis Whithins after the Deservedly Exploded Paper was read at the Old-Baily confessed That it was plausibly penn'd at the beginning and went on a great way so till the last clause but one then which there is nothing that makes it more probable that this same Traiterous Association was written and fram'd by some Jesuite and that for mischiefs sake for if ever they do any good 't is always that will any may be at the end of 〈…〉 his Religious long Cloak sweep the ground as well before as behind his cloven feet will appear one way or other And this you see the holy Roman-Catholick league conorived by the Jesuites against Henry the third of France contained many Heavenly and Pious pretences but aim'd at the Destruction of the lawful Monarch of France and obliged his subjects to it whereas the Counter-Association of the French Protestants was made to better purposes the preservation of their Prince and the defence of themselves against the Pope and the Guises their mortal Enemies and then Rebells to their prince of which the King himself was not a little sensible and indulged them several favours in reference to the exercise of their Religion To Associate is no more then devovere se pro Regis Patriae salute to devote himself for the safety of his King and Country Now for men to be so scandalously led away by their own imprudence and the subtlety of others as to abhor the Defence of their King and Country is an apparent sign that few of the Addressors ever considered what they writ or what they read The Consul or Preter among the Romans had power to devote any Citizen of Rome in time of iminent danger as a Piaculum to all one by his death the anger of the Gods and they who were thus devoted never disobeyed but threw themselves headlong into certain ruin to preserve their own Country By this means Curtius and Decius saved the Romans in ancient time Thus Leonides with his three hundred Spartans Associated in an indispensible resolution to live and dye for their Country saved Greece from that seemingly invincible power of Xerxes and after the destructive Battle of Cannae Rome had been utterly lost had not Scipio Affricanus compelled them that were left behind and spared from the Carthaginiam slaughter to swear that they would never forsake their Country Of later times the Prince of Orange was the person that caused several Cities of the Low-Country's to enter into an Association which was called the Holy Union and Peace of Religion From these or some such President the Earl of Leicester doubtless drew the Plot from off that Association which was afterwards confirmed in Parliament and was so graciously accepted of the Queen so that it was no wonder that the Parliament proposed among themselves the same Expedient which their Predecessors had made use of upon the same Importunities of