houses in Holborn at the same time That he was at the Fire in the Temple but was not engaged to do any thing in it And said that Gyfford told him that there were English French and Irish Roman Catholicks enough in London to make a very good Army and that the King of France was coming with 60000 Men under pretence to shew the Dauphin his Dominions but it was to lay his Men at Deep Bulloign Callis and Dunkirk to be in an hours Warning to be Landed in England and he doubted not but it would be by the middle of June and by that time all the Catholicks here will be in readiness all were to rise in order to bring him in That the Papists here were to be distinguished by Marks in their Hatts that the said Father Gyfford doubted not but he should be an Abbot or a Bishop when the work was over for the good service he hath done That at their Meeting Father Gyfford used to tell them it was no more sin to kill a Heretick then a Dog and that they did God good Service in doing what Mischiefs they could by firing their houses That it was well Sir Edmondbury Godfrey was Murdered for he was their Devilish Enemy That Coleman was a Saint in Heaven for what he had done And saith he is fearful he shall be Murthered for this Confession Father Gyfford having sworn him to Secresie and told him he should be Damned if he made any Discovery and should be sure to be killed and that he should take the Oaths because he was a House-keeper and that it was no sin And saith That Gyfford and Roger _____ told him when their Forces meet about the middle of June then have at the VOTES and ADDRESSES Of the Honourable House of Commons ASSEMBLED IN PARLIAMENT Made this present Year 1673 Concerning Popery and other Grievances March 29. 1673. The Parliaments Address to his Majesty for the Removal of Grievances in England and Ireland WE your Majesties most Loyal Subjects the Commons in this present Parliament assembled conceiving our selves bound in necessary Duty to your Majesty and in Discharge of the Trust reposed in us truly to inform your Majesty of the Estate of your Kingdom And though we are abundantly satisfied that it hath been your Royal Will and Pleasure that your Subjects should be governed according to the Laws and Customs of this Realm yet finding that contrary to your Majesties gracious Intention some Grievances and Abuses are crept in We crave Leave humbly to represent them to your Majesties Knowledge and Desire 1. That the Imposition of 12 d. per Chaldron upon Coals for the providing of Convoys by Vertue of an Order from Council dated the 15th of May 1672 may be recalled and all Bonds taken by Virtue thereof cancelled 2. That your Majesties Proclamation of the 24th of December 1672 for preventing of Disorders which may be committed by Soldiers and whereby the Soldiers now in your Majesties Service are in a manner exempted from the ordinary Course of Justice may likewise be recalled 3. And whereas great Complaints have been made out of several parts of this Kingdom of divers Abuses committed in Quartering of Soldiers That your Majesty would be pleased to give Order to redress those Abuses and in particular that no Soldiers be hereafter Quartered in any private Houses and that due Satisfaction may be given to the Inn-keepers or Victuallers where they lye before they remove 4. And since the continuance of Soldiers in this Nation will necessarily produce many Inconveniences to your Majesties Subjects We do humbly present it as our Petition and Advice That when this present War is ended all your Souldiers which have been raised since the last Session of Parliament may be Disbanded 5. That your Majesty would be likewise pleased to consider of the Irregularities and Abuses in pressing Soldiers and to give Order for the Prevention thereof for the future 6. And although it hath been the Course of former Parliaments to desire Redress in their Grievances before they proceeded to give a Supply yet we have so full Assurance of your Majesties Tenderness and Compassion towards your People that we humbly prostrate our selves at your Majesties feet with these our Petitions desiring your Majesty to take them into your Princely Consideration and to give such Orders for the Relief of your Subjects and the Removing these Pressures as shall seem lest to your Roâ—al Wisdâ—m Address touching Ireland WE your Majesties most Loyal Subjects the Commons in this present Parliament assembled taking into Consideration the great Calamities which have formerly befallen your Majesties Subjects of the Kingdom of Ireland from the Popish Recusants there who for the most part are profest Enemies to the Protestant Religion and the English Interest and how they make use of your Majesties gracious Disposition and Clemency are at this time grown more insolent and presumptuous than formerly to the apparent Danger of that Kingdom and your Majesties Protestant Subjects there the Consequence whereof may likewise prove very fatal to this your Majesties Kingdom of England if not timely prevented And having seriously weighed what Remedies may be most properly applied to those growing Distempers do in all Humility present your Majesty with these our Petitions 1. That for the Establishment and Quieting the Possessions of your Majesties Subjects in that Kingdom your Majesty would be pleased to maintain the Act of Settlement and Explanatory Act thereupon and to recall the Commission of Enquiry into Irish Affairs bearing Date the 17th of January last as containing many new and extraordinary Powers not only to the Frejudice of particular Persons whose Estates and Titles are thereby made liable to be questioned but in a manner to the Overthrow of the Acts of Settlement And if pursâ—â—d may be the Occasion of great Charge and Attendance to many of your Subjects in Ireland and shake the Peace and Security of the whole 2. That your Majesty would give Order that no Papist be either continued or hereafter admitted to be Judges Justices of the Peace Sheriffs Coroners or Mayors Sovereigns or Portrieves in that Kingdom 3. That the Titular Popish Archbishops Bishops Vicars-General Ablâ—â—s and all other exercising Ecclesiastical Jurisdiction by the Popes Authority and in particular Peter Talbot pretended Archbishop of Dublin for his notorious Disloyalty to your Majesty and Disobedience and Contempt of your Laws may be commanded by Proclamation forthwith to depart out of Ireland and all other your Majesties Dominions or otherwise to be prosecuted according to Law And that all Convents Seminaties and Publick Popish Scholes may be dissolved and suppressed and the Secular Priests commanded to depart under the Penalty 4 That no Irish Papist be admitted to inhabit in any part of that Kingdom unless duly licensed according to the aforesaid Acts of Settlemenâ— and that your Majesty would be pleased to recall your Letters of the 26th of February 1671. And the Proclamation thereupon whereby general Licence is
it hath been to cut the Tacklings and to steer contrary to the Pilot's Directions he thinks such safer by far shut up under Hatches then set at Liberty or employ'd to do mischief As for his supposition of 30000 men to be sent out of Ireland into Handers I cannot tell what to make on 't Let them crack the Shell that hope to find the Kernel in it For my part I despair though the readiness of the English Souldiers of Ireland who at twenty four hours warning came into England to serve His Majesty in the time of Monmouth's Rebellion ought to have been remembered to their advantage and might serve to any unprejudic'd person as a Pattern of the Loyalty and good Inclinations of all the Protestants in that Kingdom if his Majesty had had occasion for them VVhether the Parliament will Repeal the Test for those several weighty Reasons our Author says are fitter for contemplation than Discourse tho methinks it would be pleasant to see a House of Common sit like the Brethren at a silent Meeting is not my Province to determine As likewise VVhether they will so much consider that Grand Reason the King will have it so for his Conscience and theirs may differ or what the diffenters will do I cannot tell One thing I am sure of there will be no such Stumbling-block in the way of the King's desires when they meet as the present condition of Ireland they will be apt when His Majesty tells them they shall have their equal shares in Employments when they have Repealed the Laws to say Look at Ireland see what is done there where the Spirit of Religion appears bare fac'd and accordingly compute what may become of us when we have removed our own legal Fences since they now leap over those Hedges what may we expect when they are quite taken away Poyning's Law is a great grievance to our Author and here in one word he discovers that 't is the dependance this Kingdom has on England he quarrels at 'T is fit the Reader should understand that Law enacted when Poynings was Lord Deputy makes all the English Acts of Parliament of force in Ireland we are therefore so fond of that Law and cover so much to preserve our dependance on England that all the Arguments our Author can bring shall not induce us to part with it I will not reflect in the least on the Courage of the Irish I know there are several brave men among them but they have had the misfortune to fall under the Consideration of as our Author softens it but the plain sence is been beaten by a warlike Nation And I question not unless they behave themselves modestly in their Prosperity they will again fall under the Consideration of the same Nation 't is better we should live in peace and quietness but the Choice is in their hands and if they had rather come under our consideration again than avoid it let them look to the Consequence Another advantage which may accrue to Ireland by a Native as a Governour our Author reckons to be His personal knowledge of the Tories and their Harbourers and his being thereby better capacitated to suppress them Malicious People would be apt to infer from this Suggestion that his Excellency had occasion formerly to be familiarly acquainted with such sort of Cattle I have heard indeed that one of our bravest English Princes Henry the during the Extravagancies of his youth kept Company with publick Robbers and often shar'd both in the Danger and Booty But as soon as the Death of his Father made way for his Succession to the Crown he made use of his former acquaintance of their Persons and Haunts to the extirpating and dissolving the greatest knot of Highway-men that ever troubled England My Lord therefore in imitation of this great Prince no doubt will make use of his Experience that way to the same end And I readily assent to the Author that no English Governour can be so fit to clear that Kingdom of Tories and that for the same reason he gives us There are two other Advantages remaining one is his Excellency's having already made different Parties in that Kingdom the Objects of his Love and Hatred let the Offences of the one or the Merits of the other be never so conspicuous Whether the Brittish can draw any comfort from his Excellency's knowledge of them this way is fit to be debated The other is the probality of his getting the Statute for benefit of Clergy in favour of Cow-Stealers and House Robbers Repealed and where by the way there is a severe Rebuke given to our English Priests for their ill-placed Mercy to Irish Offenders A fault I hope they will be no more guilty of Whether these Advantages be so considerable as to move his Majesty to continue a Man for other more weighty Reasons absolutely destructive to this Kingdom or whether some of them might not be performed by an English Governour His Majesty is the only Judge Only this I am sure of The King if he were under any Obligations to His Minister has fully discharged them all and has shewed himself to be the best of Masters in giving so great and honourable an Employment to his Creature and continuing him in it so long notwithstanding the decrease of his own Revenue and the other visible bad effects of his Management the Impoverishment of that Kingdom amounting to at least two Millions of Mony And His Majesty may be now at liberty without the least imputation of Breach of promise to his Servant to restore us to our former flourishing condition by sending some English Nobleman among us whose contrary Methods will no doubt produce different effects To conclude methinks the comparison between His Majesty and Philip of Macedon when he was drunk is a little too familiar not to say unmannerly and that between Antipater and my Lord Tyrconnel is as great a Complement to the latter But provided my Lord be commended which was our Author's chief design he cares not tho' the comparison does not hold good in all points 't is enough that we know we are Govern'd by such a Prince that neither practises such Debauches himself nor allows of them in his Servants But we are not beholding to the Author for the knowledge of this should a Foreigner read his Pamphler or get it interpreted to him he would be apt and with reason to conclude that His Majesty as much resembled Philip in a Debauch as my Lord Tyrconnel doth sober Antipater I have now done with all that seems of any weight in our Author's Pamphlet and can see nething in his Postscript that deserves an Answer All that I will say is That his Recipes bear no proportion to our desperate Disease and he will prove not to be a Physitian but a pretending Quack who by ill applied Medicines will leave us in a worse Condition than he found us I shall conclude with telling you That your Letter which enclosed
That the using Torture without Evidence or in ordinary Crimes is contrary to Law That the sending of an Army in a Hostile manner upon any part of the Kingdom in a peaceable time and exacting of Locality and any manner of free Quarter is contrary to Law That the charging the Lieges with Law-burroughs at the King's instance and the imposing of Bands without the Authority of Parliament and the suspending the Advocates from their Imployments for not compearing when such Bands were offered were contrary to Law That the putting of Garisons on private Mens Houses in a time of peace without the consent of the Authority of Parliament is contrary to Law That the opinion of the Lords of Session in the two Causes following were contrary to Law viz. 1. That the concerting the demand of a Supply for a Forfaulted Person although not given is Treason 2. That Persons refusing to discover what are their private thoughts and judgments in relation to points of Treason or other Mens actions are guilty of Treason That the fining Husbands for their Wives withdrawing from the Church was contrary to Law That Prelacy and Superiority of any Office in the Church above Presbyters is and hath been a great and unsupportable Grievance and Trouble to this Nation and contrary to the Inclinations of the Generality of the People ever since the Reformation they having Reformed from Popery by Presbyters and therefore ought to be abolished That it is the Right and Privilege of the Subjects to protest for remand of Law to the King and Parliament against Sentences pronounced by the Lords of Session providing the same do not stop execution of the said Sentences That it is the Right of the Subjects to Petition the King and that all Imprisonments and Prosecutions for such Petitions are contrary to Law That for redress of all Grievances and for the amending strengthning and preserving of the Laws Parliaments ought to be frequently called and allowed to sit and the freedom of Speech and Debate secured to the Members And they do claim and demand and insist upon all and sundry the Premisses as their undoubted Right and Liberties and that no Declarations Doings or Proceedings to the prejudice of the People in any of the said Premisses ought in any ways to be drawn hereafter in consequence and example but that all Forfaultures Fines loss of Offices Imprisonments Banishments Pursuits Persecutions and Rigorous Executions be considered and the Parties seized be redressed To which demand of the Rights and Redressing of their Grievances they are particularly incouraged by his Majesty the King of England his Declaration for the Kingdom of Scotland of the _____ day of October last as being the only means for obtaining a full Redress and remead therein Having therefore an entire Confidence That his said Majesty the King of England will perfyte the Deliverance so far advanced by him and will still preserve them from the Violation of the Rights which they have here asserted and from all other Attempts upon their Religion Laws and Liberties The said Estates of the Kingdom of Scotland do resolve That William and Mary King and Queen of England France and Ireland â—e and Be Declared King and Queen of Scotland to Hold the Crown and Royal Dignity of the said Kingdom of Scotland to them the said King and Queen during their Lives and the longest Liver of them and that the sole and full exercise of the Royal Power be only in and exercised by him the said King in the Names of the said King and Queen during their joynt lives And after their deceases the said Crown and Royal Dignity of the said Kingdom to be to the Heirs of the Body of the said Queen Which failing to the Princess Ann of Denmark and the Heirs of her Body Which also failing to the Heirs of the Body of the said William King of England And they do pray the said King and Queen of England to accept the same accordingly And that the Oath hereafter mentioned be taken by all Protestants of whom the Oath of Allegiance and any other Oaths and Declarations might be required by Law instead thereof And that the said Oath of Allegiance and other Oaths and Declarations may be Abrogated I A. B. Do sincerely Promise and Swear That I will be Faithful and bear True Allegiance to Their Majesties King William and Queen Mary So help me God A Proclamation declaring William and Mary King and Queen of England to be King and Queen of Scotland Edinburgh April 11. 1689. WHereas the Estates of this Kingdom of Scotland by their Act of the Date of these Presents have Resolved That WILLIAM and MARY King and Queen of England France and Ireland Be and Be declared King and Queen of Scotland to hold the Crown and Royal Dignity of the said Kingdom of Scotland to them the said King and Queen during their Lives and the longest Liver of Them and that the Sole and Full Exercise of the Regal Power be only in and Exercised by the said King in the Names of the said King and Queen during their joynt Libes As also the Estates having Resolved and Enacted an Instrument of Government or Claim of Right to be presented with the Offer of the Crown to the said King and Queen They do Statute and Ordain that William and Mary King and Queen of England France and Ireland be accordingly forthwith Proclaimed King and Queen of Scotland at the Mercat Cross of Edinburgh by the Lyon King at Arms or his Deputs his Brethren Heraulds Macers and Pursevants and at the Head-Burghs of all the Shires Stewarties Bailliaries and Regalities within the Kingdom by Messengers at Arms. Extracted forth of the Meeting of the Estates by me Ja. Dalrymple Cls. God save King WILLIAM and Queen MARY The Manner of the King and Queen taking the Scotish Coronation Oath May 11. 1689. THis day being appointed for the publick Reception of the Commissioners viz. The Earl of Argyle Sir James Montgomery of Skelmerly and Sir John Dalrymple of Stair younger who were sent by the Meeting of the Estates of Scotland with an Offer of the Crown of that Kingdom to Their Majesties they accordingly at three of the Clock met at the Council-Chamber and from thence were Conducted by Sir Charles Cotterel Master of the Ceremonies attended by most of the Nobility and Gentry of that Kingdom who reside in and about this place to the Banqueting-House where the King and Queen came attended by many Persons of Quality the Sword being carried before them by the Lord Cardrosse and Their Majesties being placed on the Throne under a Rich Canopy they first presented a Letter from the Estates to his Majesty then the Instrument of Government Thirdly a Paper containing the Grievances which they desired might be Redressed and Lastly an Address to His Majesty for turning the Meeting of the said Estates into a Parliament All which being Signed by his Grace the Duke of Hamilton as President of the Meeting and
would not have been a very melancholy Present Have not you frank and dutiful Expressions that cheerfulness and vivacity in your Looks rendred much more acceptable much more valuable No Prince in Christendom loves a cheerful giver so well as God Almighty does and he of all Gifts a cheerful Heart and therefore I pray let not a cloudy and disconsolate face be the only or the best sign of Piety and Devotion in the Heart I must ask your Pardon for misplacing much of this Discourse which I should have mentioned when I came to speak of the Ministers Bill they I hope will endeavour to remove these new marks of Dinstinction and Reproaches and keep their Auditories from being imposed upon by such Characters and Descriptions The King hath passed this Act very willingly and done much to the end of this Act before yet hath willingly admitted you to be Sharers and Partners with Him in the Obligation I may say confidently His Majesty hath never denied His Confirmation to any Man in Possession who hath asked it and they have all the effect of it except such who upon Examination and Enquiry appeared not worthy of it and such who though they are pardoned cannot yet think themselves worthy to be preferr'd His Majesty well knows that by this Act he hath gratified and obliged many worthy and pious Men who have contributed much to His Restauration and who shall always receive fresh Evidence of His Majesties Favour and Kindness but he is not sure that he may not likewise have gratified some who did neither contribute to His coming in nor are yet glad that he is in how comes it else to pass that he receives such frequent informations of Seditious Sermons in the City and the Countrey in which all Industry is used to alienate the Affections of the People and to infuse Jealousies into them of the King and His Government They talk of introducing Popery of evil Councellors and such other old Calumnies as are pardoned by this Act of Indempnity His Majesty told You when he was last here what Rigour and Severity He will hereafter use how contrary soever it is to his Nature in these Cases and conjured You My Lords and Gentlemen to concur with him in this just and necessary Severity which I am sure You will do with Your utmost Vigilance and that You will believe that too much ill cannot befall those who do the best they can to corrupt His Majesties Nature and to extinguish His Mercy My Lords and Gentlemen I told You I was to acquaint you with some things His Majesty intends to do during this Recess that You may see He will give no intermission to His Own thoughts for the Publick good though for a time He Dispences with Your Assistance He doth consider the infinite Importance the Improvement of Trade must be to this Kingdom and therefore His Majesty intends forthwith to Establish a Council for Trade consisting of some Principal Merchants of the several Companies to which he will add some Gentlemen of Quality and Experience and for their greater Honour and Encouragement some of my Lords of His own Privy Council In the next Place His Majesty hopes that a well-setled Peace and Gods great Blessing upon Him and You this Nation will in a short time flourish to that Degree that the Land of Canaan did when Esau found it necessary to part from his Brother For their riches were more then that they might dwell together and the land wherein they were could not bear them because of their cattel We have been Our selves very near this Pinacle of happiness and the hope and Contemplation that We may be so again disposes the King to be very solicitous for the Improvement and Prosperity of His Plantations abroad where there is such large room for the Industry and Reception of such who shall desire to go thither and therefore His Majesty likewise intends to erect and establish a Councel for those Plantations in which persons well qualified shall be wholly intent upon the good and advancement of those Plantations There are two other particulars which I am commanded to mention which were both mentioned and recommended to You by His Majesty in his Declaration from Breda The one for the Confirmation of Sales or other Recompence for Purchasers The other for the composing those Differences and Distempers in Religion which have too much disturbed the Peace of the Kingdom Two very weighty particulars in which His Majesty knows You have spent much time and concerning which he should have heard from You before this time if You had not met with great difficulties in the Disquisition of either For the First His Majesty hath not been without much thought upon the Argument and hath done much towards the Accommodation of many particular Persons and You shall not be at Your Journeys end before His Majesty will put that Business concerning Sales into such a way of Dispatch that he doubts not You will find a good Progress made in it before Your coming together again and I believe the Persons concerned will be very much to blame if they receive not good Satisfaction And some of You who stay in Town shall be advised and consulted with that Setlement The other of Religion is a sad Argument indeed It is a Consideration that must make every religious heart to bleed to see Religion which should be the strongest obligation and cement of Affection and brotherly kindness and compassion made now by the Wranglings of passionate and froward Men the ground of all animosity hatred malice and revenge And this unruly and unmanly Passion which no question the Divine Nature exceedingly abhors sometimes and I fear too frequently transports those who are in the right as well those who are in the wrong and leaves the latter more excusable then the former when men who find their manners and dispositions very conformable in all the necessary obligations of humane Nature avoid one anothers Conversation and grow first unsociable and then uncharitable to each other because one cannot think as the other doth And from this separation we intitle God to the Patronage of and Concernment in our Fancies and Distinction and purely for his sake hate one another heartily It was not so of old when one of the most ancient Fathers of the Church tells us That Love and Charity was so signal and eminent in the Primitive Christians that it even drew Admiration and Envy from their Adversaries Vide inquiunt ut invicim se diligunt Their Adversaries in that in which they most agreed in their very prosecution of them had their Passions and Animosities amongst themselves they were only Christians that loved and cherished and comforted and were ready to die for one another Quid nunc illi dicerent Christiani si nostra viderent tempora says the incomparable Grotius How would they look upon our sharp and virulent Contentions in the Debates of Christian Religion and the bloudy wars that have proceeded
given to such Papists as inhabit in Corporations there 5. That your Majesties Letters of the 28th of September 1672. and the Order of Council thereupon whereby your Subjects are required not to prosecute any Actions against the Irish for any Wrongs or Injuries committed during the late Rebellion may likewise be recalled 6. That Colonel Talbot who hath notoriously assumed to himself the Title of Agent of the Roman Catholicks in Ireland be immediately dismissed out of all Command Military and Civil and forbidden Access to your Majesties Court. 7. That your Majesty would be pleased from time to time out of your Princely Wisdom to give such further Order and Directions to the Lord Lieutenant or other Governour of Ireland for the time being as may best conduce to the Encouragement of the English Planters and Protestants Interest there and the Suppression of the Insolencles and Disorders of the Irish Papists there These our humble Desires we present to your Majesty as the best means to preserve the Peace and Safety of that your Kingdom which hath been so much of late in Danger by the Practices of the said Irish Papists particularly Richard and Peter Talbot and we doubt not but your Majesty will find the happy Effects thereof to the great Satisfaction and Security of your Majesties Person and Government which of all earthly things is most dear to your Majesties most Loyal Subjects Ordered October 20. 1673. THat an Address be made to his Majesty by such Members of this House as are of his Majesties Privy-Council to acquaint his Majesty that it is the humble desire of this House that the intended Marriage of his Royal Highness with the Dutchess of Modena be not consummated and that he may not be Married to any Person but of the Protestant Religion And the same Day the Parliament was Prorogued till Monday next The Address of the Parliament to his Majesty WE your Majesties most Humble and Loyal Subjects the Commons in this present Parliament assembled being full of Assurance of your Majesties gracious Intentions to provide for the Establishment of Religion and the Preservation of your People in Peace and Security and foreseeing the dangerous Consequences which â—ay follow the Marriage of his Royal Highness the Duke of York with the Princess of â—â—â—dena or any other of the Popish Religion we hold our selves bound in Conscience â—â—d Duty to represent the same to your Sacred Majesty not doubting but these constant Testimonies which we have given your Majesty of our true and loyal Affections to your Sacred Person will easily gain a Belief that these our humble Desires proceed from Hearts still full of the same Affections toward your sacred Majesty and with intentions to establish your Royal Government upon those true Supports of the Protestant Religion and the Hearts of your People with all Humility desiring your Majesty to take the same into your Princely Consideration and to relieve your Subjects from those Fears and Apprehensions which at present they lie under from the Progress hath been made in that Treaty We do therefore humbly intreat your Majesty to consider that if this Match do proceed it will be a means to disquiet the Minds of your Protestant Subjects at home and to fill them with endless Jealousies and Discontents and will bring your Majesty into such Alliances abroad as will prove highly prejudicial if not destructive to the Interest of the very Protestant Religion it self And we find by sad Experience that such Marriages have encreased and encouraged Popery in this Kingdom and given opportunity to Priests and Jesuits to propagate their Opinions and seduce great Numbers of your Majesties Subjects And we do already observe how much the Party is animated with the hopes of this Match which were lately discouraged by your gracious Concessions in the last Meeting in this Parliament That we greatly fear this may be an Occasion to lessen the Affections of the People to his Royal Highness who is so nearly related to the Crown and whose Honour and Esteem we desire may always be intirely preserved That for another Age more at the least this Kingdom will be under the continual Apprehensions of the Growth of Popery and the Danger of the Protestant Religion Lastly We consider that this Princess having so near a Relation and Kindred to many Eminent Persons of the Court of Rome may give them great Opportunities to promote their Designs and carry on their Practices among us and by the same means penetrate into your Majesties most Secret Counsels and more easily discover the State of the whole Kingdom And finding that by the Opinions of very Learned Men it is generally admitted that such Treaties and Contracts by Proxies are dissolvable of which there are several Instances to be produced We do in all humbleness beseech your Majesty to put a stop to the Consummation of this intended Marriage And this we do the more importunately desire because we have not yet the Happiness to see any Issue of your Majesty's that may succeed in the Government of these Kingdoms which Blessings we most heartily pray Almighty God in his due time to bestow upon your Majesty and these Kingdoms to the unspeakable Joy and Comfort of all your Majesty's Subjects who desire nothing more than to continue under the Reigns of your Majesty and your Royal Posterity for ever October 30. 1673. Mr. Secretary Coventry brought from his Majesty an Answer to the Address presented to him touching the Duke of York as followeth C. R. HIS Majesty having received an Address from the House of Commons presenting their humble Desire that the intended Marriage betwixt his Royal Highness and the Princess of Modena may not be Consummated Commanded this Answer to be returned That he perceived the House of Commons have wanted a full Information of this Matter the Marriage not being barely intended but Compleated according to the Forms used amongst Princes and by His Royal Consent and Authority Nor could He in the least suppose it disagreeable to His House of Commons His Royal Highness having been in the view of the World for several Months engaged in a Treaty of Marriage with another Catholick Princess and yet a Parliament held during the time and not the least Exception taken at it An Address ordered to be presented to His Majesty concerning a Marriage between his Royal Highness and the Princess of Modena and a Committee appointed to that purpose A Committee appointed for preparing a Bill for a general Test to distinguish between Protestants and Papists and those that shall refuse to take it be incapable to enjoy any Office Military or Civil or to sit in either Houses of Parliament or to come within five miles of the Court. The House adjourned till Monday October 31. 1673. Resolved That the House considering the present Condition of the Nation will not take into any further Debate the Consideration of any Aid or Supplies or Charge upon the Subjects before the time of Payment of
Gentleman answered Mr. Speaker I wonder that Noble Lord should thus interrupt me for I have not positively affirmed any thing at all of the Duke though I have said nothing but what in my Judgment I thought might be truth and I shall not change my mind for his being displeased at it but however I am very well satisfied to say no more but only that I remember that Honourable Person by the Bar told us he would not speak to the prudential part against the Bill and truly Sir I think he has kept his Word very exactly and that whereas another Member before him objected That it was possible the Duke might turn Protestant I would only answer that I do not think it possible that any Person that has been bred up in the Protestant Religion and hath been weak enough for so I must call it to turn Papist should ever after in that respect be wise enough to turn Protestant and therefore Sir upon the whole matter my humble Motion is That the Bill may pass Debates in the House of Commons Jan. 7. 1680. upon His Majesties Message The First Speech by an Honourable Gentleman HIS Majesties relies not only on the Dictates of his own Judgment but is confirmed by the Judgment of the House of Lords but many of them have gained their Honour by Interest rather than Merit His Majesty hath given no Answer to several of your Addresses when you say nothing can secure you but this Bill that he should propose other means but if we have not the Bill we are deprived of the means to preserve His Majesties Life Person and Government I never knew that Tangier was more considerable than all the Three Kingdoms Is it time to be silent or not Why is all this stir for a Man that desires the Throne before His Majesty is dead He is in all the Plot either at one end or other who took evidence of London Fire Arbitrary Power was at the end and no Religion like Popery to set up That I will pay the Duty and Allegiance of an English-man to an English Prince But Popery and Arbitrary Power must be rooted out Can you hope for any Good while this Man is Heir an Apostate from his Religion his Government is the most dangerous Our Ministers of State give us little hopes from Whitehall I hope they will be Named First set a Brand on all them that framed the Answer and all them that shall lend Money by way of Anticipation desire him to take Advice of His Parliament rather then private Men or to let us go home and attend His Service when he shall again call for us The Second Speech by another Person of Hour I am afraid we are lost we have done our Parts shewed our selves good Subjects but some stand between the King and us to promote the Duke of York's Interest Those that advised the King not to pass the Bill deserve to be Branded The Third Speech by an Honourable Gentleman We have made the modestest Request that ever People did in such a time of Danger we have neither passed a Bill nor obtained a kind Answer our Trust must be in our Votes When the King bid us look into the Plot like well-meaning Countrey-Gentlemen we looked into the Tower we should have looked into Whitehall There the Plot is hatched cherished and brought up It would be well if all against the Bill were put out of Councel and all of this House were put out of Commission that were for it I had rather the Moors had Tangier the French King Flanders than the Pope had Eugland The Fourth Speech by a Person of Honour I think the Debate is upon a Message from the King and the most especial part is about the Bill I concur with that Noble Person rather than with all the rest But begin with the first his Majesty hath suffered us twice to address upon the Bill yet the Lords have not admitted one Conference I believe every man came unwillingly into this Bill have any that were against it proposed any thing for our Security if they will let them stand up and I will sit down I have advised with Men that know the Laws Religion and Government they say if you will preserve this Government this Law this Bill must pass We have received no expedient from the Lords the State of the Nation lies at their Door they sit to hear Causes they mind you of Mr. Seymour but say nothing of the Bills In Richard the Second his Time some Lords were said to be Lords in the King's Pocket but had no shoulders to support him It 's plain our evil comes from evil Ministers There are some that will have a Prince of one Religion on the Throne to rule the People of another a Popish Prince and a Protestant Kingdom will any Ministers of parts unless they have an indifferency of Religion think this consistent I dedicate my Allegiance to the King they to another Person so the Kingdom must be destroy'd either this limited Monarchy must stand or come to Blood on the other side Water-Monarchy is absolutely supported by little men of no Fortune and he that takes mean and low men to make Ministers of sets up for Popery and Arbitrary Government The King hath Counsels born if you have a Popish Prince and a Protestant Parliament will the King ever concur with them in matters of Religion and Property are not your Estates sprinkled with Abbey-Lands If he asks Money will you trust him must Foreigners comply with a Prince that in effect hath no People We must be overcome with France and Popery or the Body will get a new Head or the Head a new Body The Fifth Speech by a Person of Honour The House was unwilling at first to enter into a Debate about Expedients and I am not prepared to propound them any thing you have heard proposed by the King in Print if you had them they will do you no harm One day you say the King had been a good Prince if he had good Company and good Councils no great Complement to the King he offers you any thing but the Bill I humbly make my motion to try it The Sixth Speech by an Honourable Gentleman I think it becomes that Gentleman very well to be of the Opinion he is though no man else in this House I wish the D. was of that Opinion his Father desired him The Lords rejected the Bill but I am afraid the King solicited or else they would not it 's some mens interest to be for the D. but while they are at Court we shall never have it Foreign Persons have given Influence at Court the French Ministers access to Court inclines me to believe some body is paid for it The Court is a Nurcery of Vice they transmit them into the Countrey and none but such men are imployed The Seventh Speech by an Honourable Gentleman The Question now before you is Whether any other means be effectual
proved Thus was that man hanged upon that Confession only though the promise that drew it from him doth appear upon Record and can be proved by good and clear Evidence And from this your Majesty may judge what credit may be given to such men We do not at present enlarge on other particulars though of great importance such as Monopolies selling places of Honors turning men of known integrity out of their Imployments to which they had a good and just right during their lives the profits of one of the most considerable of these being sequestred for sometime and applyed for the Dutchess of Lauderdales use the treating about and receiving of great bribes by the Duke and Dutchess of Lauderdale and the Lord Hatton and particularly from the Towns of Edenborough Abberdeen Lynlythgo and many others for procuring from your Majesty Warrants for illegal impositions within these Towns the manifest and publick perverting of Justice in the Session besides the most signal abuses of the Mint and Copper Coin that are most grievous to all your Subjects But the number of these is so great and they will require so many Witnesses to be brought hither for proving them that we fear it would too much trouble your Majesty now to examine them all but your Majesty shall have a full account of them afterwards One thing is humbly offered to your Majesty as the root of these and many other oppressions which is that the Method of governing that Kingdom for several years hath been That the Lord Hatton and his adherents frame any Letter that they desire from your Majesty to your Council and send it to the Duke of Lauderdale who returns it signed and this is brought to the Council upon which if at any time a debate ariseth concerning the matter of that Letter as being against or with Law and when it is proposed that a representation of that should be made to your Majesty then the Lord Hatton in his insolent way calls to have it put to the question as if it were a crime to have any Warrant either debated or represented to your Majesty which is procured by the Duke of Lauderdale or himself and this is ecchoed by his Party and by this means any further debating is stopped There are some other particulars relating to these heads that are to be offered to your Majesty in other Papers which are not added here lest your Majesty should now be troubled with too long a Paper The Impeahment of the Duke and Dutchess of Lauderdale with their Brother My Lord Hatton Presented to His Majesty by the City of Edenbourgh The matters of Fact particularly relating to the Town of Edenbourgh humbly offered for your Majesties Information Before the Matter of Fact be spoken to it is necessary that your Majesty be informed of one thing upon which this whole Affair hath moved THe City of Edenbourgh had at several times given considerable sums of Money to the Duke of Lauderdale amounting to upward of Twelve Thousand pounds Sterlin and the Lord Hatton Brother to the said Duke being inraged by that their former practice and being arrived to great height and influence in the Administration of Your Majesties Affairs in Scotland did thereupon resolve on a Designe of getting Money for himself also from them as will appear to your Majesty by the following Narration but the Magistrates at that time and such others as had then the Principal Influence in the Administration of Affairs in that Town being honest Men of good Fortunes and not to be brought to comply with his Design he bethought himself of all ways to vex them and knowing they did much value the Prosperity of the Town he thought that the first means for promoting that his Design was to have them threatned with removing Your Majesties Publique Judicatures from that City to Sterlin and perswaded his Brother the Duke of Lauderdale to move Your Majesty to that purpose but being disappointed of that project by Your Majesties Royal Wisdom Your Majesty looking upon it as if it were to declare to the World that You were jealous of so great a Part of that Your Ancient Kingdom he bethought himself of new ways to accomplish his Design for which he judged nothing so proper and effectual as to disturb them in the choice of their Magistrates and Town-Counsel and by all means possible to get some of his own chusing fit for his own ends brought into the Administration of the Affairs of that City In order to which being impatient of any longer delay he laid hold of what follows being the first occasion that offer'd though a very frivolous one At Michaclmas 1674 The said City of Edenbourgh being to go about the Election of their Magistrates for the ensuing year there was procured a Letter from Your Majesty to Your Privy Counsel commanding them to forbid the Magistrates and Town Counsel to proceed in their Elections but to continue the Magistrates that then were till Your Majesty's further pleasure should be known the reason suggested to Your Majesty for it was taken from this Circumstance That the Election ought to be made upon the Tuesday after Michaelmas and it happening this year that Michaelmas fell to be on a Tuesday they were resolved to proceed to their Elections upon Michaelmas-day Though this was a very small Matter and upon very good and prudent Considerations resolved as will afterward appear yet was it represented to Your Majesty as a Factious Design and an Innovation of dangerous Consequence tending to create and maintain Faction in that City contrary to Your Majesties Service Your Majesties foresaid Letter being intimated to the Magistrates and Town-Counsel they did immediately give exact obedience to the same They did also represent to Your Majesties Privy Council the Rights that they had for chusing their own Magistrates which had been granted to them by many of Your Majesties Royal Ancestors and confirmed by many Parliaments by vertue of which they humbly conceived they ought to be suffered to proceed in their Elections They did also represent to Your Majesties Privy Council the Reasons which had moved them to resolve of making their Elections on the said Tuesday being Michaelmas day which in short were that by their Constitution they were obliged upon the Friday before Michaelmas to make the List out of which the Magistrates are to be chosen after the doing of which there is a Surcease and Vacation of all ordinary Courts of Judicature within the Town and the whole time is spent by the Common People and Tradesmen of the Town in Rioting and Drinking until the Elections be finished which in this case would have been Twelve days which they did in Prudence think they ought to shorten not conceiving it contrary in the least to the established Rules of their Election 2. On these things they did humbly crave Your Majesties Privy Council would be pleased to represent to Your Majesty that thereby they might be freed from the suspicion of any
the strictest and severest Tryal To which Petition they never received any Answer To make appear to your Majesty that these things were done for private and finistrous Designs and not upon account of the ill effectedness or factious Dispositions of the Men as was pretended Your Majesty is humbly prayed to take notice of these Particulars following First There are three of the most considerable of these very Persons who had been charged with so great Crimes admitted since that time by bribing the Dutchess of Lauderdale into a Trust in your Majesty's Affairs in Scotland more eminent and considerable than any Trust the Town of Edenburgh can confer viz. The paying off your Majesty's Forces and bringing in your Majesty's Excise Secondly No sooner were these Twelve Men turned out of the Town-Council but after many great and essential Informalities with the recital of which it is needless to trouble your Majesty they elected for Magistrates Men of no Reputation either for Parts Estate or Honesty And though these Bonds and Securities which had been demanded from the others and consented to by them was formerly pretended to be of great importance for your Majesty's Service yet they were not so much as once demanded either by the Duke of Lauderdale or the Lord Hatton from these Men who were now chosen Thirdly These new Magistrates were not long in their Seats when off comes the Mask and the true design of getting Money appears For by an Act of the Town-Council there is about 5000 l. Sterlin disposed on amongst their nameless Friends which were the Duke of Lauderdale the Lord Hatton and some other of their Friends A great Sum to be got from that City considering that the Duke of Lauderdale had got before that about 12000 l. Sterlin from them The Dutchess of Lauderdale did also since that time endeavour to get more Money from them and did with great Wrath threaten the Magistrates in plain Terms for not giving her a Present notwithstanding all the Good she said she had done for them reckoning the Favours your Majesty hath at any time been pleased to bestow upon them as done by her self Thus hath that poor Town been abused and doth now lie having Magistrates without either Conduct or Courage in a time when the Disorders of that Nation doth require Persons to be imployed there of eminent Fidelity and Capacity to serve your Majesty His Majesty's Declaration for the Dissolution of his late Privy Council And for Constituting a New one made in the Council-Chamber at White Hall April the twentieth 1679. By His Majesty's Special Command My Lords HIS Majesty hath called you together at this time to communicate unto you a Resolution he hath taken in a matter of great Importance to his Crown and Government and which he hopes will prove of the greatest Satisfaction and Advantage to his Kingdoms in all Affairs hereafter both at Home and Abroad and therefore he doubts not of your Approbation however you may seem concerned in it In the first place His Majesty gives you all Thanks for your Service to him here and for all the good Advices you have given him which might have been more frequent if the great number of this Council had not made it unfit for the Secrecy and Dispatch that are necessary in many great Affairs This forced him to use a smaller number of your in a Foreign Committee and sometimes the Advices of some few among them upon such Occasions for many Years past He is sorry for the ill success he has found in this Course and sensible of the ill Posture of Affairs from that and some unhappy Accidents which have raised great Jealousies and Dissatisfaction among his good Subjects and thereby left the Crown and Government in a Condition too weak for those Dangers we have reason to fear both at home and abroad These his Majesty hopes may be yet prevented by a Course of wise and steady Counsels for the future and these Kingdoms grow again to make such a Figure as they have formerly done in the World and as they may always do if our Union and Conduct were equal to our Force To this end he hath resolved to lay aside the use he may have hitherto made of any single Ministry or private Advices or Foreign Committees for the general direction of his Affairs and to constitute such a Privy-Council as may not only by its number be fit for the Consultation and Digestion of all business both Domestick and Foreign but also by the Choice of them out of the several Parts this State is composed of may be the best informed in the true Constitutions of it and thereby the most able to counsel him in all the Affairs and Interests of this Crown and Nation And by the constant Advice of such a Council his Majesty is resolved hereafter to govern his Kingdoms together with the frequent use of his Great Council of Parliament which he takes to be the true ancient Constitution of this State and Government Now for the greater Dignity of this Council his Majesty resolves their constant number shall be limited to that of Thirty And for their greater Authority there shall be Fifteen of his chief Officers who shall be Privy Counsellors by their places And for the other Fifteen he will choose Ten out of the several Ranks of the Nobility and Five Commoners of the Realm whose known Abilities Interest and Esteem in the Nation shall render them without all suspicion of either mistaking or betraying the true Interests of the Kingdom and consequently of advising him ill In the first place therefore and to take care of the Church his Majesty will have the Archbishop of Canterbury and Bishop of London for the time being and to inform him well in what concerns the Laws the Lord Chancellor and one of the Lord Chief Justices For the Navy and Stores wherein consists the chief Strength and Safety of the Kingdom the Admiral and Master of the Ordnance for the Treasury the Treasurer and Chancellor of the Exchequer or whenever any of these Charges are in Commission then the first Commissioner to serve here in their room the rest of the Fifteen shall be the Lord Privy-Seal the Master of the Horse Lord Steward and Lord Chamberlain of his Houshold the Groom of the Stole and the two Secretaries of State And these shall be all the Offices of his Kingdom to which the Dignity of Privy-Counsellor shall be annexed The others his Majesty has resolved and hopes he has not chosen ill His Majesty intends besides to have such Princes of his Blood as he shall at any time call to this Board being here in Court A President of the Council whenever he shall find it necessary and the Secretary of Scotland when any such shall be here But these being uncertain he reckons not of the constant number of Thirty which shall never be exceeded To make way for this new Council his Majesty hath now resolved to Dissolve this old one
and does hereby Dissolve it and from this time excuses your farther attendance here but with his repeated Thanks for your Service hitherto and with the assurance of his Satisfaction in you so far that he should not have parted with you but to make way for this new Constitution which he takes to be as to the Number and Choice the most proper and necessary for the uses he intends them And as most of you have Offices in his Service and all of you particular Shares in his Favour and good Opinion so he desires you will continue to exercise and deserve them with the same Diligence and good Affections that you have hitherto done and with confidence of his Majesty's Kindness to you and of those Testimonies you shall receive of it upon other occasions Therefore upon the present Dissolution of this Council his Majesty appoints and commands all those Officers he hath named to attend him here to morrow at Nine in the Morning as his Privy-Council together with those other Persons he designs to make up the number and to each of whom he has already signed particular Letters to that purpose and commands the Lord Chancellor to see them issued out accordingly which is the Form he intends to use and that hereafter they shall be signed in Council so that nothing may be done unadvisedly in the Choice of any Person to a Charge of so great Dignity and Importance to the Kingdom Names of the Lords of His Majesty's most Honourable Privy-Council HIS Highness Prince Rupert William Lord Archbishop of Canterbury Heneage Lord Finch Lord Chancellor of England Anthony Earl of Shaftsbury Lord President of the Council Arthur Earl of Anglesey Lord Privy-Seal Christopher Duke of Albemarle James Duke of Monmouth Master of the Horse Henry Duke of Newcastle John Duke of Lauderdale Secretary of State for Scotland James Duke of Ormond Lord Steward of the Houshold Charles Lord Marquess of Winchester Henry Lord Marquess of Worcester Henry Earl of Arlington Lord Chamberlain of the Houshold James Earl of Salisbury John Earl of Bridgewater Robert Earl of Sunderland one of his Majesty's Principal Secretaries of State Arthur Earl of Essex first Lord Commissioner of the Treasury John Earl of Bath Groom of the Stole Thomas Lord Viscount Falconberg George Lord Viscount Hallifax Henry Lord Bishop of London John Lord Roberts Denzil Lord Holles William Lord Russel William Lord Cavendish Henry Coventry Esq one of his Majesty's Principal Secretaries of State Sir Francis North Knight Lord Chief Justice of the Common Pleas. Sir Henry Capell Knight of the Bath first Commissioner of the Admiralty Sir John Ernle Knight Chancellor of the Exchequer Sir Thomas Chicheley Knight Master of the Ordnance Sir William Temple Baronet Edward Seymour Esquire Henry Powle Esquire Whitehall April 11. 1679. HIS Majesty being this day in Council did cause such of the aforementioned Lords and others who were then present to be Sworn Privy-Counsellors which being done they took their places accordingly His Majesty was also pleased to declare that he intended to make Sir Henry Capell Knight of the Bath Daniel Finch Esquire Baronets Sir Thomas Lee Sir Humphrey Winch Sir Thomas Meers Edward Vaughan and Edward Hales Esquires Commmissioners for the Execution of the Office of Lord High Admiral of England And his Majesty being afterwards come into the House of Peers in his Royal Robes and the House of Commons attending his Majesty was pleased to make this Speech My Lords and Gentlemen I Thought it requisite to acquaint you with what I have done now this day which is That I have Established a new Privy-Council the Constant number of which shall never exceed Thirty I have made choice of such Persons as are Worthy and able to Advise Me and am Resolved in all My Weighty and Important Affairs next to the Advice of my Great Council in Parliament which I shall very often Consult with to be Advised by this Privy-Council I could not make so great a Change without acquainting both Houses of Parliament And I desire you all to apply your selves heartily as I shall do to those things which are necessary for the good and safety of the Kingdom and that no time may be lost in it The Message from the King by Mr. Secretary Jenkins to the Commons on the 9th of November 1680. CHARLES R. HIs Majesty desires this House as well for the satisfaction of His People as of Himself to expedite such Matters as are depending before them relating to Popery and the Plot and would have them rest assured That all Remedies they can tender to his Majesty conducing to those Ends shall be very acceptable to him Provided they be such as may consist with preserving the Succession of the Crown in its due and legal course of Descent The Address to his Majesty from the Commons Saturday November 13. 1680. May it please your most Excellent Majesty WE Your Majesty's most Loyal and Obedient Subjects the Commons in this Present Parliament assembled having taken into our most serious Consideration Your Majesty's Gracious Message brought unto us the ninth day of this instant November by Mr. Secretary Jenkins do with all thankfulness acknowledge Your Majesty's Care and Goodness in inviting us to expedite such Matters as are depending before us relating to Popery and the Plot. And we do in all Humility represent to Your Majesty that we are fully convinced that it is highly incumbent upon us in discharge both of our Duty to Your Majesty and of that great Trust reposed in us by those whom we represent to endeavour by the most speedy and effectual ways the Suppression of Popery within this Your Kingdom and the bringing to publick Justice all such as shall be found Guilty of the Horrid and Damnable Popish Plot. And though the Time of our Sitting abating what must necessarily be spent in the choosing and presenting a Speaker appointing Grand Committees and in taking the Oaths and Tests enjoyned by Act of Parliament hath not much exceeded a Fortnight yet we have in this Time not only made a considerable Progress in some things which to us seem and when presented to Your Majesty in a Parliamentary way will we trust appear to Your Majesty to be absolutely necessary for the Safety of Your Majesties Person the effectual Suppression of Popery and the Security of the Religion Lives and Estates of Your Majesties Protestant Subjects But even in relation to the Tryals of the Five Lords impeached in Parliament for the Execrable Popish Plot we have so far proceeded as we doubt not but in a short time we shall be ready for the same But we cannot without being unfaithful to Your Majesty and to our Country by whom we are entrusted omit upon this occasion humbly to inform Your Majesty that our Difficulties even as to these Tryals are much encreased by the evil and destructive Councels of those Persons who advised Your Majesty first to the Prorogation and then to the Dissolution of the last
Parliament at a time when the Commons had taken great pains about and were prepared for those Tryals And by the like pernicious Councels of those who advised the many and long Prorogations of the present Parliament before the same was permitted to sit whereby some of the Evidence which was prepared in the last Parliament may possibly during so long an Interval be forgotten or lost and some Persons who might probably have come in as Witnesses are either dead have been taken off or may have been discouraged from giving their Evidence But of one mischievous Consequence of those dangerous and unhappy Councels we are certainly and sadly sensible namely That the Testimony of a material Witness against every of those Five Lords and who could probably have discovered and brought in much other Evidence about the Plot in general and those Lords in particular cannot now be given vivâ voce Forasmuch as that Witness is unfortunately dead between the Calling and the Sitting of this Parliament To prevent the like or greater Inconveniences for the future We make it our most humble Request to Your Excellent Majesty that as You tender the Safety of Your Royal Person the Security of Your Loyal Subjects and the Preservation of the True Protestant Religion You will not suffer your Self to be prevailed upon by the like Councels to do any thing which may occasion in consequence though we are assured never with Your Majesties Intention either the deferring of a full and perfect Discovery and Examination of this most wicked and detestable Plot or the preventing the Conspirators therein from being brought to speedy and exemplary Justice and Punishment And we humbly beseech your Majesty to rest assured notwithstanding any Suggestions which may be made by persons who for their own wicked purposes contrive to create a distrust in your Majesty of Your People That nothing is more in the Desires and shall be more the Endeavours of us Your faithful and loyal Commons than the promoting and advancing of your Majesties true Happiness and Greatness The Address of the Commons in Parliament to his Majesty to remove Sir George Jeffreys out of all Publick Offices WE your Majesties most Dutiful and Loyal Subjects the Commons in Parliament assembled having received a Complaint against Sir George Jeffreys Knight your Majesties Chief Justice of Chester and heard the Evidence concerning the same and also what he did alledge and prove in his Defence And being thereupon fully satisfied that the said Sir George Jeffreys well knowing that many of your Loyal Protestant Subjects and particularly those of your Great and Famous City of London out of Zeal for the Preservation of the Protestant Religion your Majesties Royal Person and Government and in hopes to bring the Popish Conspirators to speedy Justice were about to Petition to your Majesty in an Humble Dutiful and Legal way for the Sitting of this Parliament the said Sir George Jeffreys not regarding his Duty to your Majesty or the welfare of your People did on purpose to serve his own private Ends and to create a Mis-understanding between your Majesty and your Good Subjects though disguised with pretence of Service to your Majesty maliciously declared such Petitioning sometimes to be Tumultuous Seditious and Illegal and at other times did presume publickly to insinuate and assert as if your Majesty would deprive your Citizens of London of their Charters and divers other Priviledges Immunities and Advantages and also of your Royal Favour in case they should so Petition and also did publickly declare that in case they should so Petition there should not be any Meeting or Sitting of Parliament thereby traducing your Majesty as if you would not pursue your Gracious Intentions the rather because they were grateful to your good Subjects do in most humble manner beseech your Majesty to remove the said Sir George Jeffreys out of the said Place of Cheif Justice of Chester and out of all other Publick Offices and Employments under your Majesty His Majesty by Mr. Secretary Jenkins was pleased to return Answer to this Address That he would consider of it His Majesties Message to the Commons in Parliament Relating to Tangier CHARLES REX HIs Majesty did in His Speech at the opening of this Session desire the Advice and Assistance of His Parliament in relation to Tangier The Condition and Importance of the Place obliges His Majesty to put this House in mind again that He relies upon them for the support of it without which it cannot be much longer Preserved His Majesty does therefore very earnestly Recommend Tangier again to the due and speedy Consideration and Care of this House The Humble Address of the Commons in Parliament assembled Presented to His Majesty Monday 29th day of November 1680. in Answer to that Message May it please your Most Excellent Majesty WE Your Majesties most Obedient and Loyal Subjects The Commons in Parliament Assembled having with all Duty and Regard taken into our serious Consideration Your Majesties late Massage relation to Tangier cannot but account the present Condition of it as Your Majesty is Pleased to represent in Your said Message after so vast a Treasure expended to make it Useful not only as one Infelicity more added to the afflicted Estate of Your Majesties Faithful and Loyal Subjects but as one result also of the same Councels and Designs which have brought Your Majesties Person Crown and Kingdoms into those great and imminent Dangers with which at this day they are surrounded And we are the less surprised to hear of the Exigencies of Tangier when we remember that since it became a part of Your Majesties Dominions it hath several times been under the Command of Popish Governours particularly for some time under the Command of a Lord Impeached and now Prisoner in the Tower for the Execrable and Horrid Popish Plot That the Supplies sent thither have been in great part made up of Popish Officers and Soldiers and that the Irish Papists amongst the Soldiers of that Garrison have been the Persons most Countenanced and Encouraged To that part of your Majesties Message which expresses a reliance upon this House for the support of Tangier and a recommendation of it to our speedy care We do with all humility and reverence give this Answer That although in due Time and Order we shall omit nothing incumbent on Us for the preservation of every part of your Majesties Dominions and advancing the prosperity and flourishing Estate of this your Kingdom yet at this time when a Cloud which has long threatned this Land is ready to break upon our heads in a storm of Ruine and Confusion to enter into any further consideration of this matter especially to come to any resolutions in it before we are effectually secured from the imminent and apparent Dangers arising from the Power of Popish Persons and Councils We humbly conceive will not consist either with our Duty to your Majesty or the Trust reposed in Us by those we represent It is
Alliances can be made for the advantage of the Protestant Religion and Interest which shall give confidence to your Majesty's Allies to joyn so vigorously with your Majesty as the State of that Interest in the World now requires while 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 Majesty's 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 only 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 gratiously pleased to depart from the Reservation in Your said Speech and when a Bill shall be tendred to your Majesty in a Parliamentary way to disable the Duke of York from inheriting the Crown Your Majesty will give your Royal Assent thereto and as necessary to fortify and defend the same that your Majesty will likewise be gratiously pleased to Assent to an Act whereby your Majesty's Protestant Subjects may be enabled to Associate themselves for the defence of your Majesty's Person the Protestant Religion and the Security of your Kingdoms These Requests we are constrained Humbly to make to your Majesty as of absolute Necessity for the safe and peaceable Enjoyment of our Religion Without these things the Alliances of England will not be valuable nor the People encouraged to contribute to your Majesties Service As some farther means for the Preservation both of our Religion and Propriety We are Humble Suiters to your Majesty that from henceforth such Persons onely may be Judges within the Kingdom of England and Dominion of Wales as are Men of Ability Integrity and known Affection to the Protestant Religion And that they may hold both their Offices and Sallaries Quam diu se bene gesserint That several Deputy-Lieutenants and Justices of the Peace fitly qualified for those Imployments having been of late displaced and others put in their room who are Men of Arbitrary Principles and Countenancers of Papists and Popery such only may bear the Office of a Lord-Lieutenant as are Persons of integrity and known Affection to the Protestant Religion That Deputy-Lieutenants and Justices of the Peace may be also so qualified and may be moreover Men of Ability of Estates and interest in their Countrey That none may be Imployed as Military Officers or Officers in your Majesties Fleet but Men of known Experience Courage and Affection to the Protestant Religion These our Humble Requests being obtained we shall on our part be ready to Assist your Majesty for the Preservation of Tangier and for putting your Majesties Fleet into such a Condition as it may preserve your Majesties Soveraignty of the Seas and be for the Defence of the Nation If your Majesty hath or shall make any necessary Allyances for defence of the Protestant Religion and Interest and Security of this Kingdom this House will be ready to Assist and stand by your Majesty in the support of the same After this our humble Answer to your Majesties Gracious Speech we Hope no evil Instruments whatsoever shall be able to lessen your Majesties Esteem of that Fidelity and Affection we bear to your Majesties Service but that your Majesty will always retain in your Royal Breast that Favourable Opinion of us your Loyal Commons that those other Good Bills which we have now under Consideration Conducing to the Great Ends we have before mentioned as also all Laws for the Benefit and Comfort of your People which shall from time to time be tendred for your Majesties Royal Assent shall find acceptance with your Majesty The Report of the Committee of the Commons appointed to Examine the Proceedings of the Judges c. THis Committee being Inform'd that in Trinity-Term last the Court of Kings-Bench discharg'd the Grand Jury that serv'd for the Hundred of Ossulston in the County of Middlesex in a very unusual manner proceeded to enquire into the same and found by the Information of Charles Umfrevil Esq Foreman of the said Jury Edward Proby Henry Gerard and John Smith Centlemen also of the said Jury That on the 21st of June last the Constables attending the said Jury were found Defective in not presenting the Papists as they ought and thereupon were ordered by the said Jury to make further Presentments of them on the 26. following on which Day the Jury met for that purpose when several Peers of this Realm and other Persons of Honour and Quality brought them a Bill against James Duke of York for not coming to Church But some exceptions being taken to that Bill in that it did not set forth the said Duke to be a Papist some of the Jury Attended the said persons of Quality to receive satisfaction therein In the mean time and about an Hour after they had received the said Bill some of the Jury attended the Court of Kings-Bench with a Petition which they desired the Court to present in their Name unto His Majesty for the Sitting of this Parliament Upon which the Lord
although we do not in the least question your Faithfulness to the true Interest of this Nation nor your Prudence in the Management thereof yet esteeming it greatly our Duty in this unhappy Juncture wherein our Religion Lives Liberties Properties and all that is dear unto us are in such iminent danger to signifie our pressing Dangers unto You. And accordingly we do request That in the next Parliament wherein we have chose You to Sit and Act That You will with the greatest Integrity and most undaunted Resolution joyn with and assist the other Worthy Representatives and Patriots of this Nation in the searching into and preventing the Horrid and Hellish Villâ—nies Plots and Designs of that wicked and restless sort of People the Papists both in this and the Neighbouring Kingdoms And making some honourable Provision for the Discovery thereof In securing to us the Enjoyment of the True Protestant Religion and the well established Government of this Kingdom In Promoting the happy and long prayed for Union among all His Majesties Protestant Subjects In Repealing the 35th of Elizabeth the Corporation-Act and all other Acts which upon experience have proved injurious to the true Protestant Interest In Asserting the Peoples unquestionable Rights of Petitioning In removing our just Fears by reason of the great Forces in this Kingdom under the Name of Guards which the Law hath no knowledge of In preventing the Misery Ruine and utter Destruction which unavoidably must come upon this and the neighbouring Nations if James Duke of York or any other Papist shall ascend the Royal Throne of this Kingdom And lastly in securing to us our Legal Right of Annual Parliaments which under God will unquestionably prove the highest security of all that is good and desirable to us and our Posterity after us Always assuring our selves that you will not in any wise consent unto any Money-Supply until we are effectually secured against Popery and Arbitrary Power And particularly we desire you to give the most hearty Thanks of this County to that Noble Peer the Earl of Essex and by him to the rest of those Noble and Renowned Peers who were pleased lately and so seasonably to offer their Petition and Advice to His Majesty In the pursuance of all which Needful Worthy and Excellent Ends we shall as in duty bound stand by you with our Lives and Fortunes A Letter of Thanks from the Grand-Jury of the County of Worcester to the Knights of this Shire Dated Jan. 12. 1680. Honoured Sirs WE the Grand-Jury of the County of Worcester at the General Quarter Sessions of the Peace held for the said County the 11th day of Jan. in the 32d year of the King's Majesties Reign do hereby in the behalf of our selves and the County for which we serve return you our most hearty Thanks for your constant and unwearied Attendance upon the Service of His Majesty and your Country in this present Parliament in a Time of such iminent danger And especially of your concurrence in those Methods that have been taken for the Security of His Majesties Sacred Person the Protestant Religion and the Properties of His Majesties Subjects against the Hellish Plots of the Papists and their Adherents And we do humbly request your continuance therein and shall ever pray for the preservation of the Person of our most Gracious Sovereign and that God will direct and unite his Councils and upon all occasions testifie that we are Honoured Sirs Your very Humble Obliged and Thankful Servants This was signed by all the said Grand-Jury and directed to the Honourable Colonel Samuel Sandys and Thomas Foley Esquires Members of this present Parliament A Letter from the Ancient and Loyal Borough of North-Allerton in Yorkshire Dated Jan. 14. 1680. to their Burgesses in Parliament Honoured Sirs THe unexpected and sudden News of this Day 's Post preventing us from sending those due Acknowledgments which the greatness of your Services for Publick Good have merited from us we have no better way now left us to express our Gratitude and the highest Resentments of your Actions before and in your last Sessions of Parliament than to manifest our Approbation thereof by an Assurance that if a Dissolution of this present Parliament happen since you have evidenced so sufficiently your Affections to His Majesties Royal Person and Endeavours for the preserving the Protestant Religion our Laws and Liberties we are now resolved if you are pleas'd to continue with us to continue you as our Representatives And do therefore beg your Acceptance thereof and farther that you will continue your Station during this Prorogation faithfully assuring you that none of us desire to give or occasion you the Expence or Trouble of a Journey in order to your Election if such happen being so sensible of the too great expence you have been at already in so carefully discharging the Trust and Confidence reposed in you by Gentlemen Your Obliged and Faithful Friends and Servants Signed by the Burgesses and Electors of North-Allerton and directed to Sir Gilbert Gerrard and Sir Henry Calverly Burgesses for the Borough of North-Allerton in Yorkshire The same day the Grand-Jury of Reading Presented the following Paper to the Mayor of that Town Berkshire ss The Petition of the Grand-Jury of the Borough of Reading at the Sessions holden at the said Borough Jan. 14. 1680. To the Right Worshipful the Mayor and Aldermen of the Town and Borough of Reading The Humble Petition of the Grand-Jury of the said Town in behalf of themselves and others the Inhabitants of the same Sheweth THat your Petitioners are deeply sensible of the Great and Iminent Dangers and Mischiefs that threaten Us as well as the whole Nation by the implacable Malice and Endeavour of our Enemies to introduce Popery and Arbitrary Government to Subvert the Protestant Religion and our well-establisht Laws and to deprive us of our undoubted Rights and Liberties We therefore humbly entreat you that you would take it into your consideration that no Person whatsoever may be imployed encouraged or empowered to act in any wise in this Corporation that hath been Voted and Deemed in Parliament a Betrayer of the Rights of the People of England And your Petitioners shall Pray c. Soon after the Amazing Dissolution happened and His Majesty having then Declared his pleasure to Summon and Hold the next Parliament not at Westminster which in all Ages has been generally the usual place of Convening those Assemblies as being most conveniently situate near the Metropolis of the Kingdom where all Persons may be much better accommodated than elsewhere but at the City of Oxford several Noble Lords thought it their Duty humbly to Represent the Inconveniencies which in their apprehensions would attend such chargeable Removal and submissively to offer their Advice to His Majesty to alter that Resolution in the following Petition which being presented to His Majesty by that Noble Peer of approved Loyalty and Prudence the Right Honourable the Earl of Essex His Lordship
being accompanied with several other Lords at the Delivery thereof thus expressed himself The Earl of Essex's Speech at the Delivering the following Petition to His most Sacred Majesty Jan. 25. 1680. May it please your Majesty THe Lords here present together with divers other Peers of the Realm taking notice that by Your late Proclamation Your Majesty has declared an intention of calling a Parliament at Oxford and observing from History and Records how unfortunate many Assemblies have been when called at a Place remote from the Capital City as particularly the Congress in Henry the Second's time at Clarendon Three several Parliaments at Oxford in Henry the Third's time and at Coventry in Henry the Sixth's time With divers others which have proved very fatal to those Kings and have been followed with great mischief on the whole Kingdom And considering the present posture of affairs the many jealousies and discontents which are amongst the People We have great Cause to apprehend that the consequences of a Parliament now at Oxford may be as fatal to Your Majesty and the Nation as those others mentioned have been to the then Reigning Kings and therefore we do conceive that we cannot answer it to God to Your Majesty or to the People If we being Peers of the Realm should not on so Important an Occasion humbly offer our advice to Your Majesty that if possible Your Majesty may be prevailed with to alter this as we apprehend unseasonable Resolution The Grounds and Reasons of our Opinion are contained in this our Petition which We humbly Present to Your Majesty To the King 's most Excellent Majesty The Humble Petition and Advice of the Lords under-named Peers of the Realm Humbly Sheweth THat whereas Your Majesty hath been pleased by divers Speeches and Messages to Your Houses of Parliament rightly to represent to them the Dangers that Threatned Your Majesty's Person and the whole Kingdom from the Mischievous and wicked Plots of the Papists and the sudden Growth of a Foreign Power unto which no stop or remedy could be Provided unless it were by Parliament and an Union of Your Majesty's Protestant Subjects in one Mind and one Interest And the Lord Chancellor in Pursuance of Your Majesty's Commands having more at large Demonstrated the said Dangers to be as great as we in the midst of our Fears could Imagine them and so pressing that our Liberties Religion Lives and the whole Kingdom would be certainly Lost if a speedy Provision were not made against them And Your Majesty on the 21st of April 1679. Having called unto your Council many Honourable and Worthy Persons and declared to them and the whole Kingdom That being sensible of the evil Effects of a single Ministry or private Advice or Forreign Committee for the General Direction of your Affairs Your Majesty would for the future Refer all things unto that Council and by the constant Advice of them together with the frequent use of your great Council the Parliament Your Majesty was hereafter Resolved to Govern the Kingdoms We began to hope we should see an end of our Miseries But to our unspeakable Grief and Sorrow we soon found our Expectations Frustrated The Parliament then subsisting was Prorogued and Dissolved before it could perfect what was intended for our Relief and Security and though another was thereupon called yet by many Prorogations it was put off till the 21st of October past and notwithstanding Your Majesty was then again pleased to acknowledge that neither Your Person nor Your Kingdom could be safe till the matter of the Plot was gone thorow It was unexpectedly Prorogued on the 10th of this Month before any sufficient Order could be taken therein all their Just and Pious Endeavours to save the Nation were overthrown the good Bills they had been Industriously preparing to Unite all Your Majesties Protestant Subjects brought to nought The discovery of the Irish Plot stifled The Witnesses that came in frequently more fully to declare That both of England and Ireland discouraged Those Forreign Kingdoms and States who by a happy conjunction with us might give a Check to the French Power disheartned even to such a Despair of their own Security against the growing greatness of that Monarch as we fear may induce them to take new Resolutions and perhaps such as may be fatal to us The Strength and Courage of our Enemies both at home and abroad increased and our selves left in the utmost danger of seeing our Country brought into utter Desolation In these Extremities we had nothing under God to comfort us but the Hopes that Your Majesty being touched with the Groans of Your perishing People would have suffered Your Parliament to meet at the Day unto which it was Prorogued and that no further interruption should have been given to their Proceedings in Order to their saving of the Nation But that failed us too For then we heard that Your Majesty by the private suggestion of some Wicked Persons Favourers of Popery Promoters of French Designs and Enemies to Your Majesty and the Kingdom without the Advice and as we have good Reason to believe against the Opinion even of Your Privy-Council had been prevailed with to Dissolve it and to call another to meet at Oxford where neither Lords nor Commons can be in Safety but will be daily exposed to the Sword of the Papists and their Adherents of whom too many are crept into Your Majesties Guards The Liberty of speaking according to their Consciences will be thereby Destroyed and the Validity of all their Acts and Proceedings consisting in it left Disputable The Straitness of the Place no way admits of such a concourse of Persons as now follows every Parliament the Witnesses which are necessary to give Evidence against the Popish Lords such Judges or others whom the Commons have Impeached or had resolved to Impeach can neither bear the Charge of going thither nor trust themselves under the Protection of a Parliament that is it self Evidently under the power of Guards and Soldiers The Premises considered We Your Majesties Petitioners out of a Just Abhorrence of such a dangerous and pernicious Council which the Authors have not dared to avow and the direful Apprehensions of the Calamities and Miseries that may ensue thereupon do make it our most Humble Prayer and Advice That the Parliament may not sit at a Place where it will not be able to Act with that Freedom which is necessary and especially to give unto their Acts and Proceedings that Authority which they ought to have amongst the People and have ever had unless Impaired by some Awe upon them of which there wants not Precedents And that Your Majesty would be graciously pleased to Order It to Sit at Westminster it being the usual Place and where they may Consult and Act with Safety and Freedom And your Petitioness shall ever Pray c. Monmouth Kent Huntington Bedford Salisbury Clare Stanford Essex Shaftsbury Mordant Evers Paget Grey Herbert Howard Delamer The Counties
for securing all these appointed a Test to be taken by all who should be entrusted with the Government which bears expresly That the same should be taken in the plain and genuine sense and meaning of the words We were very careful not to suffer any to take the said Oath or Test with their own Glosses or Explications But the Earâ— of Argyle having after some delays come to Council to take the said Oath as a Privy-Councellor spoke some things which were not then heard nor adverted to and when his Lordship at his next offering to take it in Council as one of the Commissioners of Your Majesties Treasury was commanded to take it simply he refused to do so but gave in a Paper shewing the only sense in which he would take it which Paper we all considered as that which had in it gross and scandalous Reflections upon that excellent Act of Parliament making it to contain things contradictory and inconstant and thereby depraving Your Majesties Laws misrepresenting Your Parliament and teaching Your Subjects to evacuate and disappoint all Laws and Securities that can be enacted for the preservation of the Government suitable to which his Lordship declares in that Paper That he means not to bind up himself from making any alterations he shall think fit for the advantage of Church or State and which Paper he desires may be looked upon as apart of his Oath as if he were the Legislator and able to add a part to the Act of Parliament Upon serious perusal of which Paper we found our selves obliged to send the said Earl to the Castle of Edinburgh and to transmit the Paper to Your Majesty being expresly obliged to both these by Your Majesties express Laws And we have commanded your Majesties Advocate to raise a pursuit against the said Earl for being Author and having given in the said Paper And for the further prosecution of all relating to this Affair we expect Your Majesties Commands which shall be most humbly and faithfully obeyed by Edinburgh Nov. 8. 1681. Your Majesties most Humble most Faithful and most Obedient Subjects and Servants Sic Subscribitur Glencairne Winton Linlithgow Perth Roxburgh Ancram Airlie Levingstoun Jo. Edinburgen Ross Geo. Gordoun Ch. Maitland G. Mekenzie Ja. Foulis J. Drumond Novemb. 15. 1681. The Kings Answer to the Councils Letter C. R. MOst dear c. Having in one of your Letters directed unto us of the 8. Instant received a particular account of the Earl of Argyle's refusing to take the Test simply and of your proceedings against him upon the occasion of his giving in a Paper shewing the only sense in which he will take it which had in it gross and scandalous Reflections upon that excellent late Act of our Parliament there by which the said Test was enjoyned to be taken we have now thought fit to let you know that as we do hereby approve these your Proceedings particularly your sending the said Earl to our Castle of Edinburgh and your commanding our Advocate to raise a Pursuit against him for being Author of and having given in the said Paper so we do also authorize you to do all things that may concern the further prosecution of all relating to this Affair Nevertheless it is our express Will and Pleasure That before any Sentence shall be pronounced against him at the Conclusion of the Process you send us a particular account of what he shall be found guilty of to the end that after our being fully informed thereof we may signifie our further pleasure in this matter For doing whereof c. But as notwithstanding the Councils demanding by their Letter His Majesties allowance for prosecuting the Earl they before any return caused His Majesties Advocate to exhibit an Indictment against him upon the points of slandering and depraving as hath been already remarked so after having received His Majesties answer the design grows and they thought fit to order a new Indictment containing beside the former points the Crimes of Treason and Perjury which accordingly was exhibited and is here subjoyned the difference betwixt the two Indictments being only in the particulars above noted The Copy of the Indictment against the Earl of Argyle Archibald Earl of Argyle YOU are Indicted and Accused That albeit by the Common Law of all well-govern'd Nations and by the Municipal Laws and Acts of Parliament of this Kingdom and particularly by the 21st and by the 43d Act Par. 2 James 1. and by the 83d Act Par. 6. James 5. and by the 34th Act Par. 8. James 6. and the 134th Act Par. 8. James 6. and the 205th Act Par. 14. James 6. All Leasing-makers and tellers of them are punishable with tinsel of Life and Goods like as by the 107th Act Par. 7. James 1. it is statuted That no man interpret the Kings Statutes otherwise than the Statute bears and to the intent and effect that they were made for and as the makers of them understood and who so does in the contrary to be punished at the Kings will And by the 10th Act Par. 10. James 6. it is statuted That none of His Majesties Subjects presume or take upon him publickly to declare or privately to speak or write any purpose of reproach or slander of His Majesties Person Estate or Government or to deprave his Laws or Acts of Parliament or misconstrue his proceedings whereby any mistaking may be moved betwixt his Highness his Nobility and loving Subjects in time coming under pain of death certifying them that does in the contrary they shall be reputed as seditious and wicked Instruments enemies to his Highness and to the Commonwealth of this Realm and the said pain of death shall be executed against them with all rigour to the example of others And by the second Act Ses 2. Par. 1. Char. 2. it is statuted That whosoever shall by Writing Libelling Remonstrating express publish or declare any words or sentences to stir up the people to the dislike of His Majesties Prerogative and Supremacy in causes Ecclesiastick or of the Government of the Church by Archbishops and Bishops as it is now settled by Law is under the pain of being declared incapable to exercise any Office Civil Ecclesiastick or Military within this Kingdom in any time coming Like as by the fundamental Laws of this Nation by the 130th Act Par. 8. James 6. it is declared That none of His Majesties Subjects presume to impugn the Dignity or Authority of the three Estates or to procure innevation or diminution of their Power and Authority under the pain of Treason And that it is much more Treason in any of His Majesties Subjects to presume to alter Laws already made or to make new Laws or to add any part to any Law by their own Authority that being to assume the Legislative Power to themselves with His Majesties highest and most incommunicable Prerogative Yet true it is that albeit His Sacred Majesty did not only bestow on you the said Archibald Earl of Argyle
of Justitiary before pronouncing sentence but without any answer or effect It was then commonly said that by the old Law and Custom the Court of Justitiary could no more in the case of Treason than of any other Crime proceed further against a Person not compearing and absent than to declare him Out-Law and Fugitive And that albeit it be singular in the case of Treason that the Trial may go on even to a final Sentence though the Party be absent yet such Trials were only proper to and always reserved for Parliaments And that so it had been constantly observed until after the Rebellion in the Year 1666 But there being several Persons notourly engaged in that Rebellion who had escaped and thereby withdrawn themselves from Justice it was thought that the want of a Parliament for the time ought not to afford them any immunity and therefore it was resolved by the Council with advice of the Lords of Session that the Court of Justitiary should summon and proceed to trial and sentence against these Absents whether they compeared or not and so it was done Only because the thing was new and indeed an innovation of the old Custom to make all sure in the first Parliament held thereafter in the Year 1669. it was thought fit to confirm these Proceedings of the Justitiary in that point and also to make a perpetual Statute that in case of open Rebellion and Rising in Arms against the King and Government the Treason in all time coming might by an Order from His Majesty's Council be tried and the Actors proceeded against by the Lords of Justitiary even to final sentence whether the Traytors compeared or not This being then the present Law and custom it is apparent in the first place that the Earl's Case not being that of an open Rebellion and Rising in Arms is not at all comprehended in the Act of Parliament So that it is without question that if in the beginning he had not entered himself Prisoner but absented himself the Lords of Justiciary could not have gone further than upon a citation to have declared him Fugitive But others said that the Earl having both entered himself Prisoner and compeared and after debate having been found guilty before he made his escape the case was much altered And whether the Court could notwithstanding of the Earl's intervening escape yet go on to sentence was still debatable for it was alledged for the affirmative that seeing the Earl had twice compeared and that after debate the Court had given judgment and the Assize returned their Verdict so that had nothing remained but the pronouncing of Sentence it was absurd to think that it should be in the power of the Party thus accused and found guilty by his escape to frustrate Justice and withdraw himself from the punishment he deserved But on the other hand it was pleaded for the Earl That first It was a fundamental Rule That until once the Cause were concluded no Sentence could be pronounced Next that it was a sure Maxim in Law that in Criminal Actions there neither is or can be any other conclusion of the cause than the Parties presence and silence So that after all that had past the Earl had still freedom to add what he thought fit in his own defence before pronouncing sentence and therefore the Lords of Justiciary could no more proceed to sentence against him being escaped than if he had been absent from the beginning the Cause being in both cases equally not concluded and the principle of Law uniformly the same viz. That in Criminals except in cases excepted no final sentence can be given in absence For as the Law in case of absence from the beginning doth hold that just temper as neither to suffer the Contumacious to go altogether unpunished nor on the other hand finally to condemn a party unheard And therefore doth only declare him Fugitive and there stops So in the case of an Escape before Sentence where it cannot be said the Party was fully heard and the Cause concluded the Law doth not distinguish nor can the parity of Reason be refused Admitting then that the Cause was so far advanced against the Earl that he was found guilty Yet 1. This is but a declaring of what the Law doth as plainly presume against the Party absent from the beginning and consequently of it self can operate no further 2dly The finding of a Party guilty is no conclusion of the Cause And 3dly As it was never seen nor heard that a Party was condemned in absence except in excepted Cases whereof the Earl's is none so he having escaped and the Cause remaining thereby unconcluded the general rule did still hold and no sentence could be given against him It was also remembred that the Dyets and days of the Justice Court are peremptour and that in that case even in Civil far more in Criminal Courts and Causes a Citation to hear Sentence is constantly required which induced some to think that at least the Earl should have been lawfully cited to hear Sentence before it could be pronounced But it is like this course as confessing a difficulty and occasioning too long a delay was therefore not made use of However upon the whole it was the general Opinion That seeing the denouncing the Earl Fugitive would have wrought much more in Law than all that was commonly said at first to be designed against him And that his Case did appear every way so favourable that impartial men still wondered how it came to be at all questioned It had been better to have sisted the Process with his Escape and taken the ordinary course of Law without making any more stretches But as I have told you when the Friday came the Lords of Justiciary without any respect or answer given to the Petition above-mentioned given in by the Countess of Argyle to the Court for a stop pronounced Sentence first in the Court and then caused publish the same with all solemnity at the Mercat-Cross at Edinburgh FOrasmuch as it is found by an Assize That Archibald Earl of Argyle is guilty and culpable of the Crimes of Treason Leasing-making and Leasing-telling for which he was detained within the Castle of Edinburgh out of which he has now since the said Verdict made his Escape Therefore the Lords Commissioners of Justiciary decern and adjudge the said Archibald Earl of Argyle to be execute to the death demained as a Traytor and to underly the pains of Treason and other punishments appointed by the Laws of this Kingdom when he shall be apprehended at such a time and place and in such manner as his Majesty in his Royal pleasure shall think fit to declare and appoint And his Name Memory and Honours to be extinct And his Arms to be riven forth and delete out of the Books of Arms swa that his Posterity may never have place nor be able hereafter to bruick or joyse any Honour Offices Titles or Dignities within this Realm in
Inclinations as well as against their Rule And can we imagine that they can have no force at all upon the common people Therefore we cannot in Conscience pronounce these words in the Ears of the people whose Souls are committed to our Charge For we should hereby lay a snare before them and become their Tempters instead of being their Instructers and in very fair and reasonable Construction we shall be understood to sollicite them to Apostacy to leave the Truth of the Gospel for Fables and the mistakes of men a reasonable and decent Worship for Superstition and Idolatry a true Christian Liberty for the most intollerable Bondage both of Soul and Body If any will forsake our Doctrine and Fellowship which yet is not ours but Christs at their own peril be it But as for us We are resolv'd by the Grace of God to lay no stumbling block in their way nor to be accessary to their ruin that we may be able to declare our integrity with S. Paul That we are pure from the blood of all Men. III. In the next place We are to declare in the King's Name That from henceforth the Execution of all and all manner of Penal Laws in matters Ecclesiastical for not coming to Church or not receiving the Sacrament or for any other Nonconformity to the Religion Established or for or by Reason of the Exercise of Religion in any manner whatsoever be immediately Suspended and the farther Execution of the said Penal Laws and every of them is hereby Suspended What! All and all manner of Laws in matters Ecclesiastical VVhat the Laws against Fornication Adultery Incest For these are in Ecclefiastical matters VVhat All Laws against Blasphemy prophaneness open Derision of Christian Religion Yet these crimes are punishable by no other Laws here than such as have been made in favour of the Established Religion How shall the Lord's day be observ'd VVhat shall hinder covetous men to plow and Cart and follow their several Trades upon that day since all the Laws that secure this observance and outward countenance of respect to the Christian Religion are by this general expression laid aside Besides these words for not coming to Church or not receiving the Sacrament or for any other Nonconformity to the Religion Established cannot in Conscience be read by us in our Churches because they may be a Temptation to young unguided people to neglect all manner of Religious Worship and give them occasion of depriving themselves of such opportunities of grace and salvation as these Penal Laws did often oblige them to use For being discharg'd attendance on our Service they are left at Liberty to be of any Religion or none at all Nay Christian Religion is by these general terms left at discretion as well as the Church of England For men may forsake us to become Jews or Mahometans or Pagan Idolaters as well as to be Papists or Dissenters for any care taken in this Declaration to prevent it And even of such as pretend to be Christians there either are or may be such Blasphemous Sects so dishonourable to our Common Lord and Master as are incapable of all publick encouragement and allowance for that would involve the Government in the Imputation of those Blasphemies and the whole Nation in that Curse and Vengeance of God which such provocations may extorts Wherefore it is not out of any unreasonable opinion of our selves nor disaffection to Protestant Dissenters that we refuse to publish this Indulgence but out of a tender care of the Souls committed to us especially those of the weaker sort to whom we dare not propose an Invitation to Popery and much less any thing that may give countenance or encouragement to Irreligion It is said indeed that we are not required to approve but to read it To this Sir you have very well answer'd that Reading was Teaching it or if it be not so absolutely in the nature of the thing yet in common Construction I am afraid it would have been understood But we do not stand in need of this Excuse for if there be any passages in it that are plain temptations to Popery or Licentiousness it cannot consist with our duty either to God or the Church to read them before our people As for the dispensing power and the Oaths and Tests required to qualifie men for Offices Military and Civil I must leave them to the Consideration of those who nearer concern'd and therefore reasonably presum'd to understand them better Nor do I envy his Majesty the use of his Popish Subjects though I do not know what service they may be capable of doing more than other Men. This Nation has for some time made hard shift to subsist without much of their Aid and against the wills of several of them But now they are become the only necessary men and seem to want nothing but Number to fill all places Military and Civil in the Kingdom in the mean time the Odiousness of their persons and the Insolence of their Behaviour with their way of menacing strange things makes some abatement of the merit of their service Lastly The respect which we have for his Majesties Service will not permit us to Read the Appendix to the Declaration Where the flower of the Nobility and Gentry of this Kingdom are something hardly reflected on as persons that will not contribute to the peace and honour of the Nation because they would consent to the taking away the Laws against Papists that they be put into a Condition to give us Laws The persons here reflected on VVe know to be the chief for Ability and Interest and Inclination to serve the King and therefore cannot do his His Majesty that disservice as to be publishers of their disgrace and make our selves the Instruments of alienating from his Majesty the Affections of his best Subjects Nay we find in our selves a strange difficulty to believe that this could come from His Majesty who has experienc'd their faithfulness upon so many and pressing Occasions This could not well proceed from any but a Stranger to those Honourable persons and the Nation and a greater Stranger to shame and good manners and what have we to do to publish the Venome and Vitulency of a Jesuit A Letter from a Gentleman in Ireland to his Friend in London upon occasion of a Pamphlet Entituled A Vindication of the present Government of Ireland under his Excellency Richard Earl of Tyrconnel SIR AS soon as the Letter Entituled A Vindication of the present Government of Ireland c. came to my hands I set upon Answering it with the same expedition and plainness of Style as uses to accompany naked Truth which needs not the cloathing of sophistical Arguments or florid Expressions to recommend it to the unprejudic'd part of Mankind And indeed upon the very first reading of every Paragraph of it the slightness of the Arguing or the notorious Falshood of the Matter of Fact did so evidently appear that a man of
pinches he is really concerned that Ireland is not altogether an independent Kingdom and in the Hands of its own Natives he longs till the Day when the English Yoak of Boudage shall be thrown off Of this he gives us broad Hints when he tells us That England is the only Nation in the World that impedes their Trade That a Man of English Interest will never Club with them as he phrases it or project any thing which may tend to their Advantage that will be the least Bar or Prejudice to the Trade of England Now why a Man of English Interest unless he will allow none of that Nation to be an able and just Minister to his Prince should be partial to ruine one Kingdom to avoid the least Inconveniency of the other contrary to the positive Commands of his King I cannot imagine For since it is the Governour 's Duty to Rule by Law and such Orders as he shall receive from His Majesty I know no Grounds for our Authors Arraigning the whole English Nation in saying That no one Man among them of what Perswasion soever will be true either to the Laws or his Majesty's positive Orders which shall seem repugnant to the smallest Conveniencies of England This is a glory reserved only as it seems for his Hero my Lord Tyrconnel The Imbargo upon the West India Trade and the Prohibition of Irish Cattel are the two Instances given It were to be wished indeed for the Good of that Kingdom that both were taken off and I question not but to see a Day wherein it shall seem proper to the King and an English Parliament to Repeal those Laws a Day wherein they will consider us as their own Flesh and Blood a Colony of their Kindred and Relations and take care of our Advantages with as little Grudging and Repining I am sure they have the same and no stronger Reason as Cornwal does at Yorkshire There are Instances in sevral Islands in the East-Indies as far distant as Ireland is from England that make up but one Kingdom and govern'd by the same Laws but the Wisdom of England will not judge it time fitting to do this till we of Ireland be one Mans Children either in Reality or Affection we wish the latter and have made many Steps and Advances towards it if the Natives will not meet us half way we cannot help it let the Event lie at their own Doors But after all I see not how those Instances have any manner of relation to the English Chief Governors in Ireland they were neither the Causes Contrivers nor Promoters of those Acts. The King and an English Parliament did it without consulting them if they had 't is forty to one my Lord of Ormond and the Council whose Stake is so great in Ireland would have hindred it as much as possible Our Author's Argument proves indeed That 't is detrimental to Ireland to be a subordinate Kingdom to England and 't is plain 't is that he drives at let him disguise it as much as he will but the conclusion he would prove cannot at all be deduced from it Shortly I expect he will speak plainer and in down right Terms propose That the two Kingdoms may be governed by different Kings Matters seem to grow ripe for such a dilloyal Proposition If these Acts and not the Subjection to an English King were the Grievances they would be so to the British there as well as to the Natives but though we wish them Repealed we do not repine in the mean time if the British who are the most considerable Trading part of that Nation and consequently feel the ill Effects of those Acts more sensibly can be contented why the Natives should not acquiesce in it unless it be for the forementioned Reasons I cannot see Our Author allows that there are different ways of obeying the King 't is a Point gained for us and proves there may be such a Partiality exercised in executing his Majesties Commands as may destroy the very Intent of them and yet taking the Matter strictly the King is obeyed but a good Minister will consider his Masters Intentions and not make use of a Word that may have a double Sence to the Ruine of a Kingdom nor of a Latitude of Power wherewith he is intrusted to the Destruction of the most considerable Party in it Far be it from us to think it was his Majesties Intentions to depopulate a flourishing Country to undo Multitudes of laborious thriving Families in it to diminish and destroy his own Revenue to put the Sword into Mad-mens Hands who are sworn Enemies to the British No! His Majesty who is willing that Liberty of Trade as well as Conscience should equally flourish in all parts of his Dominions that recommends himself to his Subjects by his Impartiality in distributing Offices of Trust and from that Practice raises his greatest Argument to move his People to Repeal the Penal Laws never intended that some general Commands of his should be perverted to the Destruction of that People his Intention is to protect His Majesty Great as he is cannot have two Consciences one calculated for the Latitude of England another for Ireland We ought therefore to conclude in respect to the King that his Commands have been ill understood and worse executed and this may be done as our Author confesses and the King undoubtedly obeyed but such an Obedience is no better than a Sacrifice of the best Subjects the King has in this Kingdom Our Author has given very good Reasons why the Natives may be well content with their present Governor but I cannot forbear laughing at those he has found out to satisfie the poor British with My Lord Tyrconnel's most Excellent Charitable English Lady His high sounding Name TALBOT in great Letters a Name that no less frightens the Poor English in Ireland then it once did the French a Name which because he is in possession of I will not dispute his Title to but I have been credibly informed that he has no relation to that most Noble Family of Shrewsbury though my Lord Tyrconnel presumes to bear the same Coat of Arms a Name in short which I hope in time Vox praetereae nihil A Second Reason is drawn from his Education We have heard and it has never yet been contradicted that my Lord Tyrconnel from his Youth upwards has constantly born Arms against the Brittish If our Author will assure us of the contrary I am apt to believe â—i Excellency will give him no thanks who lays the foundation of his Merit upon the Basis of his constant adherence to the Iâ—ish Party What use of Consolation can be drawn from this head by the Brittish is beyond my skill to conâ—preâ—â—nd A third Reason is drawn from his Stake in England the Author would do well to shew us in what Country this lies that we may know where to find Reprisals hereafter for since he offers this for our Security 't is fit
what Mr. Pen intends when he tells us that such a Bargain will be driven with the Kingdom as will make the Church of England think that half a Loaf had been better than no Bread Good Adv. p. 43. and that one year will shew the Trick and mightily deceive her and the opportunity of her being preserved lost and another Bargain driven mightily to her disadvantage Ibid. p. 42. But as it will be impossible for Papists and Dissenters should they conspire together to be able to effect it considering the interest which her integrity in the Protestant Religion and her tenderness for the Rights and Liberties of the Kingdoms have justly acquired unto her so it were both the most foolish as well as criminal thing which any pretending themselves Protestants can be guilty of to be in any measure accessory unto it For as there is nothing in reference to their own Religious Liberties and the Priviledges of the Nation which they may not undoubtedly expect from her Justice as well as from her Mercy and Moderation so there is no means left within our view either to give a lasting Peace and a firm settlement to Three distracted Kingdoms or to bring the Protestant Interest into such a condition as may ballance the Papal grandure in Europe and give check to the rage of Persecution in all places but her happy advancement to the Thrones of Great Brittain and Ireland when it shall please God to remove his Majesty Until which time I hope all who call themselves Protestants will submit to the worst of fate rather than to fall under the Curse of this Age and Ignominy with all that shall come after for becoming an United Party with the Church of Rome in any of her Designs how plausible soever they may appear The Ill Effects of Animosities 'T IS long since the Court of England under the Authority of the late King and his Brother was embark'd in a design of subverting the Protestant Religion and of introducing and establishing Popery For the two Royal Brothers being in the time of their Exile seduced by the Caresses and Importunities of their Mother allured by the Promises and Favours of Popish Princes and being wheedled by the Crafts and Arts of Priests and Jesuites who are cunning to deceive and know how to prevail upon persons that were but weakly established in the Doctrine and wholly strangers to the practice and power of the Religion they were tempted from they not only abjured the Reformed Religion and became reconciled to the Church of Rome but by their Example and the Influence which they had over those that depended upon them both for present Subsistence and future Hopes they drew many that accompanied them in their Banishment to renounce the Doctrine Worship and Communion of the Church of England though in the War between Charles the First and the Parliament they had pretended to fight for them in equal conjunction with the Prerogatives of the Crown So that upon the Restoration in the year 1660 they were not only moulded and prepared themselves for promoting the desires of the Pope and his Emissaries but they were furnished with a stock of Gentlemen out of whom they might have a supply of Instruments both in Parliament and elsewhere to co-operate with and under them in the methods that should be judged most proper and subservient to the Extirpation of Protestancy and the bringing the Nation again into a Servitude to the Triple Crown And besides the Obligations that the Principles of the Religion to which they had revolted laid them under for eradicating the established Doctrine and Worship they had bound themselves unto it by all the Promises and Oaths which persons are capable of having prescribed unto and exacted of them Nor can any now disbelieve his late Majesty's having lived and died a Papist who hath either heard what he both said and did when under the prospect of approaching Death and past hope of acting a part any longer on the present Stage or who have seen and read the two Papers left in his Closet which have been since published to the World and attested for Authentick by the present King And had we been so just to our selves as to have examined the whole course of his Reign both in his Alliances Abroad and his most Important Counsels and Actions at Home or had we hearkened to the Reports of those who knew him at Collen and in Flanders we had been long ago convinced of what Religion he was Nor were his many repeated Protestations of his Zeal for Protestancy but in order to delude the Nation till insensibly as to us and with safety to himself he had overturned the Religion which he pretended to own and had introduced that which he inveighed against And while with the highest asseverations he disclaimed the being what he really was and with most sacred and tremendous Oaths professed the being what he was not his Religion might in the mean time have been traced through all the signal Occurrences of his Government and have been discerned written in Capital Letters through all the material Affairs wherein he was engaged from the Day he ascended the Throne till the Hour he left the World His entring into two Wars against the Dutch without any provocation on their part or ground on his save their being a Protestant State his being not only conscious unto but interposing his Commands as well as Encouragements for the burning of London His concurrence in all the parts of the Popish Plot except that which the Jesuites with a few others were involved in against himself his stifling that Conspiracy and delivering the Roman Catholicks from the Dangers into which it had cast them His being the Author of so many forged Plots which he caused to be charged on Protestants His constant Confederacies with France to the disobliging his people the betraying of Europe the neglect of the reformed in that Kingdom and the encouraging the Design carried on against them for their Extirpation His entailing the Duke of York upon the Nation contrary to the Desires and Endeavours of three several Parliaments and that not out of Love to his person but Affection to Popery which he knew that Gentleman would introduce and establish All these besides many other things which might be named were sufficient Evidences of the late King's Religion and of the Design he was engaged in for the Subversion of Ours So that it would fill a sober person with amazement to think that after all this there should be so many sincere Protestants and true English Men who not only believed the late King to be of the reformed Religion but with an insatiableness thirsted after the Blood of those that durst otherwise represent him And had it not been for his receiving Absolution and Extream Unction from a Popish Priest at his Death and for what he left in writing in the two Papers found in his strong Box he would have still passed for a Prince
that upon pretended Occasions arising from the Abuse of this Indulgence or for some alledged Crimes wherein they and all other Protestants are to be involved tho their supineness and excess of Loyalty continue to be their greatest Offences this Liberty will not only be withdrawn and the old Church of England Severities revived but some of the new à là mode à France Treatments come upon the Stage and be pursued against them and all other perverse and obstinate British Hereticks The Declaration for Liberty of Conscience being injurious to the Church of England and not proceeding from any inward and real good Will to the Dissenters it will be worth our pains to inquire into and make a more ample Deduction of the Reasons upon which it was granted that the Grounds of emitting it being laid under every Man's view they who have Addressed may come to be asham'd of their Simplicity and Folly they who have not may be farther confirm'd both of the Unlawfulness and Inconveniency of doing it and that all who preserve any regard to the Protestant Religion and the Laws of England may be quickened to the use of all legal and due means for preventing the mischievous Effects which it is shapen for and which the Papists do promise themselves from it The Motives upon which His Majesty published the Declaration may be reduced to three of which as I have already made some mention so I shall now place every one of them in its several and proper light and give such Proofs and Evidence of their being the great and sole Inducements for the Emitting of it that no rational Man shall be able henceforth to make a doubt of it The first is the King's winding himself into a Supremacy and Absoluteness over the Law and the getting it acknowledged and calmly submitted unto and acquiesced in by the Subjects The Monarchies being Legal and not Despotical bounded and regulated by Laws and not to be exercised according to mere Will and Pleasure was that which he could not digest the thoughts of when a Subject and had been heard to say That he had rather Reign a day in that Absoluteness that the French King doth than an Age tied up and restrained by Rules as his Brother did And therefore to perswade the Prince of Orange to approve what he had done in dispensing with the Laws and to obtain him and the Princess to joyn with His Majesty and to employ their Interest in the Kingdom for the Repealing the Test Acts and the many other Statutes made against Roman Catholicks he used this Argument in a Message he sent to their Royal Highnesses upon that Errand that the getting it done would be greatly to the Advantage and for the increase of the Prerogative but this these two noble Princes of whose Ascent to the Throne all Protestants have so near and comfortable a Prospect were too Generous as well as Wise to be wheedled with as knowing that the Authority of the Kings and Queens of England is great enough by the Rules of the Constitution without grasping at a new Prerogative Power which as the Laws have not vested in them so it would be of no use but to inable them to do hurt And indeed it is more necessary both for the Honor and Safety of the Monarch and for the Freedom and Security of the People that the Prerogative should be confined within its ancient and legal Channels than be left to that illimited and unbounded Latitude which the late King and his present Majesty have endeavored to advance and screw it up unto That both the Declaration for Liberty of Conscience in England and the Proclamation for a Toleration in Scotland are calculated for raising the Sovereign Authority to a transcendent Power over the Laws of the two Kingdoms may be demonstrated from the Papers themselves which lay the Dispensing Power before us in terms that import no less than his Majesty's standing Free and absolved from all Ties and Restraints and his being cloathed with a Right of doing whatsoever he will For if the Stile of Royal Pleasure to suspend the Execution of such and such Laws and to forbid such and such Oaths to be required to be taken and this in the virtue of no Authority declared by the Laws to be resident in his Majesty but in the virtue of a certain vagrant and indeterminate thing called Royal Prerogative as the Power exercised in the English Declaration is worded and expressed be not enough to enlighten us sufficiently in the matter before us the Stile of Absolute Power which all the Subjects are to obey without reserve whereby the King is pleased to chalk before us the Authority exerted in the Scots Proclamation for the stopping disabling and dispensing with such and such Laws as are there referred unto and for the granting the Toleration with the other Liberties Immunities and Rights there mentioned is more than sufficient to set the Point we are discoursing beyond all possibility of rational controll As 't is one and the same Kind of Authority that is claimed over the Laws and Subjects of both Kingdoms tho for some certain reasons it be more modestly designed and expressed in the Declaration for a Liberty in England that it is in the Proclamation for a Toleration in Scotland so the utmost that the Czar of Mosco the great Mogul or the Turkish Sultan ever challenged over their respective Dominions amounts only to an Absolute Power which the King both owns the Exertion of and makes it the Fountain of all the Royal Acts exercised in the forementioned Papers And as the improving this challenged Absolute Power into an Obligation upon the Subjects to obey his Majesty without reserve is a Paraphrase upon Despotical Dominion and an advancing it to a Pitch above what any of the Ancient or Modern Tyrants ever dream'd of and beyond what the most servile part of Mankind was ever acquainted with till the present French King gave an Instance of it in making his mere Will and pleasure to be the Ground and Argument upon which his Reformed Subjects were to renounce their Religion and to turn Roman Catholicks so it is worth considering whether His Majesty who glories to imitate that Foreign Monarch may not in a little time make the like Application of this Absolute Power which his Subjects are bound to obey without reserve and whether in that case they who have Addressed to thank him for his Declaration and thereby justified the Claim of this Absolute Power being that upon which the Declaration is superstructed and from which it emergeth can avoid paying the Obedience that is demanded as a Duty in the Subject inseparably annexed thereunto That which more confirms us that the English Declaration and the Scots Proclamation are not only designed for the obtaining from the Subjects an Acknowledgment of an Absolute Power vested in the King but that no less than the Usurpation and Exercise of such a Power can warrant and support them are
humbly Pray That His Majesty would Consent to this Expedient in order to a future Settlement And hope that such a Temperament may be thought of as that the Army now on Foot may not give any Interruption to the proceeding of a Parliament But if to the great Misfortune and Ruin of these Kingdoms it should prove otherwise we further declare That we will to our utmost defend the Protestant Religion the Laws of the Kingdom and the Rights and Liberties of the Subject A Letter from a Gentleman at King's-Lynn December 7. 1688. To his Friend in London Sir THE Duke of Norfolk came to Town on Wednesday Night with many of the chiefest of the County and yesterday in the Market-place received the Address following which was presented by the Mayor attended by the Body and many hundreds of the Inhabitants To his Grace the most Noble Henry Duke of Norfolk Lord Marshal of England My Lord THE daily Allarms we receive as well from Foreign as Domestick Enemies give us just Apprehensions of the approaching Danger which we conceive we are in and to apply with all earnestness to your Grace as your great Patron in all humble Confidence to succeed in our Expectations That we may be put into such a posture by your Grace's Directions and Conduct as may make us appear as zealous as any in the Defence of the Protestant Religion the Laws and Ancient Government of this Kingdom Being the desire of many hundreds who must humbly callenge a Right of your Grace's Protection His Grace's Answer Mr. Mayor I Am very much obliged to you and the rest of your Body and those here present for your good Opinion of me and the Confidence you have that I will do what in me lies to support and defend the Laws Liberties and Protestant Religion in which I will never deceive you And since the coming of the Prince of Orange hath given us an opportunity to declare for the defence of them I can only assure you that no Man will venture his Life and Fortune more freely for the Defence of the Laws Liberties and Protestant Religion than I will do and with all these Gentlemen here present and many more will unanimously concur therein and you shall see that all possible Care shall be taken that such a Defence shall be made as you require AFter which the Duke was with his Retinue received at the Mayor's House at Dinner with great Acclamations and his Proceedings therein have put our County into a Condition of Defence of which you shall hear further in a little time our Militia being ordered to be raised throughout the County Our Tradesmen Seamen and Mobile have this morning generally put Orange Ribbon on their Hats Ecchoing Huzza's to the Prince of Orange and Duke of Norfolk All are in a hot Ferment God send us a good Issue of it Lynn-Regis Decemb. 10. 1688. Sir BY mine of the 7th Instant I gave you an Account of the Address of this Corporation to his Grace the Duke of Norfolk and of his Grace's Answer thereto Since which his Grace has sent for the Militia Troops and put them in a posture of Defence as appears by the ensuing Speech The Duke of Norfolk's second Speech at Lynn I Hope you see I have endeavoured to put you in the posture you desired by sending both for Horse and Foot of the Militia and am very glad to see such an Appearance of this Town in so good a Condition And I do again renew my former Assurances to you that I will ever stand by you to Defend the Laws Liberties and the Protestant Religion and to procure a Settlement in Church and State in concurrence with the Lords and Gentlemen in the North and pursuant to the Declaration of the Prince of Orange And so God save the King The Declaration of the Lords Spiritual and Temporal in and about the Cities of London and Westminster Assembled at Guild-hall Dec. 1688. WE doubt not but the World believes that in this great and dangerous Conjuncture we are heartily and zealously concerned for the Protestant Religion the Laws of the Land and the Liberties and Properties of the Subject And we did reasonably Hope that the King having Issued His Proclamation and Writs for a Free Parliament we might have rested Secure under the Expectation of that Meeting But His Majesty having withdrawn Himself and as we apprehend in order to His Departure out of this Kingdom by the pernicious Counsels of Persons ill-affected to our Nation and Religion we cannot without being wanting to our Duty be silent under those Calamities wherein the Popish Counsels which so long prevailed have miserably Involved these Realms We do therefore Unanimously resolve to apply our Selves to His Highness the Prince of Orange who with so great Kindness to these Kingdoms so vast Expence and so much Hazard to his own Person hath Undertaken by endeavouring to procure a Free Parliament to rescue Us with as little Effusion as possible of Christian Blood from the Imminent Dangers of Popery and Slavery And we do hereby Declare That we will with our utmost Endeavours assist his Highness in the obtaining such a Parliament with all speed wherein our Laws our Liberties and Properties may be Secured the Church of England in particular with a due Liberty to Protestant Dissenters and in general the Protestant Religion and Interest over the whole World may be Supported and Encouraged to the glory of God the Happiness of the Established Government in these Kingdoms and the Advantage of all Princes and States in Christendom that may be herein concerned In the mean time we will endeavour to preserve as much as in us lies the Peace and Security of these great and populous Cities of London and Westminster and the Parts adjacent by taking care to Disarm all Papists and secure all Jesuits and Romish Priests who are in our about the same And if there be any thing more to be performed by us for promoting his Highness's generous Intentions for the Publick good we shall be ready to do it as occasion shall require W. Cant. Tho. Ebor. Pembroke Dorset Mulgrave Thanet Carlisle Craven Ailesbury Burlington Sussex Barkelay Rochester Newport Waymouth P. Winchester W. Asaph Fran. Ely Tho. Roffen Tho. Petriberg P. Wharton North and Grey Chandos Montague T. Jermyn Vaughan Carbery Culpeper Crewe Osulston WHereas His Majesty hath privately this Morning withdrawn Himself we the Lords Spiritual and Temporal whose Names are subscribed being assembled at Guild-hall in London having Agreed upon and Signed a Declaration Entituled The Declaration of the Lords Spiritual and Temporal in and about the Cities of London and Westminster Assembled at Guild-hall 11. Decemb. 1688. Do desire the Right Honourable the Earl of Pembroke the Right Honourable the Lord Viscount Weymouth the Right Reverend Father in God the Lord Bishop of Ely and the Right Honourable the Lord Culpeper forthwith to attend his Highness the Prince of Orange with the said Declaration and at the same
in your Kingdoms as here in the Roman Empire But now we refer it even to your Majesty to judg what condition we can be in to afford you any Assistance we being not only Engaged in a War with the Turks but finding our selves at the same time unjustly and barbarously Attacked by the French contrary to and against the Faith of Treaties they then reckoning themselves secure of England And this ought not to be concealed that the greatest Injuries which have been done to our Religion have flowed from no other than the French themselves who not only esteem it lawful for them to make perfidious Leagues with the sworn Enemies of the Holy Cross tending to the destruction both of us and of the whole Christian World in order to the checking our Endeavours which were undertaken for the glory of God and to stop those Successes which it hath pleased Almighty God to give us hitherto but further have heaped one Treuchery upon another even within the Empire it self The Cities of the Empire which were Surrendred upon Articles signed by the Dauphin himself have been exhausted by excessive Impositions and after their being exhausted have been Plundred and after Plundring have been Burned and Razed The Palaces of Princes which in all times and even in the most destructive Wars have been preserved are now burnt down to the ground The Churches are Robbed and such as submitted themselves to them are in a most Barbarous manner carried away as Slaves In short It is become a Diversion to them to commit all manner of Insolences and Cruelties in many places but chiefly in Catholick Countries exceeding the Cruelties of the Turks themselves which having imposed an absolute necessity upon us to secure our selves and the holy Roman Empire by the best means we can think on and that no less against them than against the Turks we promise our selves from your Justice ready assent to this That it ought not to be imputed to us if we endeavour to procure by a just War that security to our selves which we could not hitherto obtain by so many Treaties and that in order to the obtaining thereof we take measures for our mutual Defence of Preservation with all those who are equally concerned in the same Design with us It remains that we beg of God that he would Direct all things to his glory and that he would grant your Majesty true and solid Comforts under this your great Calamity we embrace you with tender Affections of a Brother At Vienna the 9th of April 1689. The Declaration of the Lords Spiritual and Temporal and Commons Assembled at Westminster concerning the Misgovernment of King James and filling up the Throne Presented to King William and Queen Mary by the right Honourable the Marquess of Hallifax Speaker to the House of Lords With His Majesties most gracious Answer thereunto WHereas the late King James the Second by the Assistance of divers Evil Counsellors Judges and Ministers Imploy'd by Him did endeavour to Subvert and Extirpate the Protestant Religion and the Laws and Liberties of this Kingdom By Assuming and Exercising a Power of Dispensing with and Suspending of Laws and the Execution of Laws without consent of Parliament By Committing and Prosecuting divers Worthy Prelates for humbly Petitioning to be Excused from concurring to the said assumed Power By 〈◊〉 and causing to be executed a Commission under the great Seal for erecting a Court called The Court of Commissioners for Ecclesiastical Causes By Levying Mony for and to the Use of the Crown by pretence of Prerogative for other time and in other manner than the same was granted by Parliament By raising and keeping a standing Army within this Kingdom in the time of Peace whithout consent of Parliament and Quartering Soldiers contrary to Law By causing several good Subjects being Protestants to be Disarmed at the same time when Papists were both Armed and Imployed contrary to Law By violating the Freedom of Election of Members to serve in Parliament By Prosecutions in the Court of King's-Bench for Matters and Causes cognizable only in Parliament and by divers other Arbitrary and Illegal Courses And whereas of late Years Partial Corrupt and Unqualified Persons have been returned and served on Juries in Tryals and particularly divers Jurors in Tryals for High-Treason which were not Free-holders And Excessive Bail hath been required of Persons committed in Criminal Cases to elude the Benefit of the Laws made for the Liberty of the Subjects And Excessive Fines have been Imposed And Illegal and Cruel Punishments inflicted And several Grants and Promises made of Fines and Forfeitures before any Convictions or Judgment against the Persons upon whom the same were to be Levied All which are utterly and directly contrary to the known Laws and Statutes and Freedom of this Realm And whereas the said late K. James the Second having abdicated the Government and the Throne being thereby vacant His Highness the Prince of Orange whom it hath pleased Almighty God to make the glorious Instrument of Delivering this Kingdom from Popery and Arbitrary Power did by the Advice of the Lords Spiritual and Temporal and divers principal Persons of the Commons cause Letters to be written to the Lords Spiritual and Temporal being Protestants and other Letters to the several Counties Cities Universities Burroughs and Cinque-Ports for the Chusing of such Persons to represent them as were of Right to be sent to Parliament to Meet and Sit at Westminster upon the 22d Day of January in this Year 1688 in order to such an Establishment as that their Religion Laws and Liberties might not again be in danger of being Subverted Upon which Letters Elections having been accordingly made And thereupon the said Lord's Spiritual and Temporal and Commons pursuant to their respective Letters and Elections being now Assembled in a Full and Free Representative of this Nation taking into their most serious Consideration the best Means for attaining the Ends aforesaid do in the first place as their Ancestors in like Case have usually done for the Vindicating and Asserting their Ancient Rights and Liberties Declare That the pretended Power of Suspending of Laws or the Execution of Laws by Regal Authority without Consent of Parliament is Illegal That the pretended Power of Dispensing with Laws or the Execution of Laws by Regal Authority as it hath been assumed and exercised of late is Illegal That the Commission for erecting the late Court of Commissioners for Ecclesiastical Causes and all other Commissions and Courts of the like Nature are Illegal and Pernicious That levying of Mony for or to the Use of the Crown by pretence of Prerogative without grant of Parliament for longer time or in other manner than the same is or shall be granted is Illegal That it is the Right of the Subjects to Petition the King and all Commitments and Prosecutions for such Petitioning are Illegal That the Raising or Keeping a standing Army within the Kingdom in time of Peace unless it be with
3. By taking the Children of Protestant Noblemen and Gentlemen sending them abroad to be bred Papists making great Funds and Donations to Popish Schools and Colleges abroad bestowing Pensions on Priests and perverting Protestants from their Religion by Offers of Places Preferments and Pensions 4. By disarming Protestants while at the same time he employed Papists in the Places of greatest Trust Civil and Military such as Chancellor Secretaries Privy Councellors and Lords of Session thrusting out Protestants to make room for Papists and intrusting the Forts and Magazines of the Kingdom in their hands 5. By Imposing Oaths contrary to Law 6. By giving Gifts and Grants for exacting of Mony without Consent of Parliament or Convention of Estates 7. By Levying and keeping on foot a standing Army in time of Peace without consent of Parliament which Army did exact Locality free and day Quarters 8. By Employing the Officers of the Army as Judges through the Kingdom and imposing them where there were held Offices and Jurisdictions by whom many of the Leiges were put to Death summarily without legal Tryal Jury or Record 9. By imposing exorbitant Fines to the Value of the Parties Estates exacting extravagant Bail and disposing Fines and Forfaulture before any Process or Conviction 10. By Imprisoning Persons without expressing the Reason and delaying to put them to Tryal 11. By causing pursue and forfault several Persons upon stretches of old and obsolete Laws upon frivolous and weak pretences upon lame and defective Probations as particularly the late Earl of Argyle to the scandal and reproach of the Justice of the Nation 12. By Subverting the Right of the Royal Boroughs the Third Estate of Parliament imposing upon them not only Magistrates but also the whole Town Council and Clerks contrary to the Liberties and express Charters without the pretence either of Sentence Surrender or Consent So that the Commissioners to Parliaments being chosen by the Magistrates and Councils the King might in effect as well nominate that entire Estate of Parliament many of the said Magistrates put in by him were avowed Papists and the Burghs were forced to pay Mony for the Letters imposing these Illegal Magistrates and Council upon them 13. By sending Letters to the chief Courts of Justice not only ordering the Judges to stop and desist sine die to determine Causes but also ordering and commanding them how to proceed in Cases depending before them contrary to the express Laws And by changing the Nature of the Judges Gifts ad vitam aut culpam and giving them Commissions ad bene placitum to dispose them to compliance by Arbitrary Courses turning them out of their Offices when they did not comply 14. By granting Personal Protections for Civil Debts contrary to Law All which are utterly and directly contrary to the known Laws Freedoms and Statutes of this Realm Therefore the Estates of the Kingdom of Scotland find and declare That King James the Seventh being a profest papist did assume the Regal Power and acted as a King without ever taking the Oath required by Law and have by advice of Evil and Wicked Counsellors invaded the Fundamental Constitution of the Kingdom and altered it from a Legal limited Monarchy to an Arbitrary and Despotick Power and hath exercised the same to the subversion of the Protestant Religion and the violation of the Laws and Liberties of the Kingdom Inverting all the Ends of Government whereby he hath forfaulted the Right to the Crown and the Throne is become vacant And whereas his Royal Highness William then Prince of Orange now King of England whom it hath pleased the Almighty God to make the glorious Instrument of delivering these Kingdoms from Popery and Arbitrary Power did by advice of several Lords and Gentlemen of this Nation at London for the time call the Estates of this Kingdom to meet the Fourteenth of March last in order to such an Establishment as that their Religion Laws and Liberties might not be again in danger of being subverted And the said Estates being now assembled in a full and free Representative of this Nation taking to their most serious consideration the best means for attaining the Ends aforesaid Do in the first place as their Ancestors in the like cases have usually done for the vindicating and asserting their Ancient Rights and Liberties declare That by the Law of this Kingdom no Papist can be King or Queen of the Realm nor bear any Office whatsoever therein nor can any Protestant Successor exercise the Regal Power until he or she swear the Coronation Oath That all Proclamations asserting an Absolute Power to cass annul and disable Laws the erecting Schools and Colleges for Jesuits the inverting Protestant Chapels and Churches to publick Mass-houses and the allowing Mass to be said are contrary to Law That the allowing Popish Books to be printed and dispersed is contrary to Law That the taking the Children of Noblemen Gentlemen and others sending and keeping them abroad to be bred Papists The making Funds and Donations to Popish Schools and Colleges the bestowing Pensions on Priests and the perverting Protestants from their Religion by offers of Places Preferments and Pensions are contrary to Law That the disarming of Protestants and imploying Papists in the Places of greatest Trust both Civil and Military the thrusting out Protestants to make room for Papists and the entrusting Papists with the Forts and Magazines of the Kingdom are contrary to Law That the Imposing Oaths without Authority of Parliament is contrary to Law That the giving Gifts or Grants for raising of Mony without the Consent of Parliament or Convention of Estates is contrary to Law That the employing Officers of the Army as Judges through the Kingdom or imposing them where there were several Offices and Jurisdictions and the putting the Lieges to death summarily and without legal Tryal Jury or Record are contrary to Law That the imposing extraordinary Fines the exacting of exorbitant Bail and the disposing of Fines and Forfaultures before Sentence are contrary to Law That the Imprisoning Persons without expressing the reason thereof and delaying to put them to Tryal are contrary to Law That the causing pursue and forfault Persons upon Stretches of old and obsolete Laws upon frivolous and weak Pretences upon lame and defective Probation as particularly the late Earl of Argyle are contrary to Law That the nominating and imposing Magistrates Councils and Clerks upon Burghs contrary to the Liberties and express Charters is contrary to Law That the sending Letters to the Courts of Justice ordaining the Judges to stop or desist from determining Causes or ordaining them how to proceed in Causes depending before them and the changing the Nature of the Judges Gifts ad vitam aut culpam unto Commissions Durante bene placito are contrary to Law That the granting Personal Protections for Civil Debts is contrary to Law That the forcing the Lieges to depone against themselves in Capital Crimes however the Punishment be restricted is contrary to Law
read to their Majesties the King returned to the Commissioners the following Answer WHen I engaged in this Vndertaking I had particular Regard and Consideration for Scotland and therefore I did emit a Declaration in relation to That as well as to this Kingdom which I intend to make good and effectual to them I take it very kindly that Scotland hath expressed so much Confidence in and Affection to Me They shall find Me willing to assist them in every thing that concerns the Weal and Interest of that Kingdom by making what Laws shall be necessary for the Security of their Religion Property and Liberty and to ease them of what may be justly grievous to them After which the Coronation-Oath was tendred to Their Majesties which the Earl of Argyle spoke word by word directly and the King and Queen repeated it after him holding Their Right Hands up after the manner of taking Oaths in Scotland The Meeting of the Estates of Scotland did Authorize their Commissioners to represent to His Majesty That that Clause in the Oath in relation to the rooting out of Hereticks did not import the destroying of Hereticks And that by the Law of Scotland no Man was to be persecuted for his private Opinion And even Obstinate and Convicted Hereticks were only to be denounced Rebels or Outlawed whereby their Moveable Estates are Confiscated His Majesty at the repeating that Clause in the Oath Did declare that He did not mean by these words That He was under any Obligation to become a Persecutor To which the Commissioners made Answer That neither the meaning of the Oath or the Law of Scotland did import it Then the King replyed That He took the Oath in that Sense and called for Witnesses the Commissioners and others present And then both Their Majesties Signed the said Coronation-Oath After which the Commissioners and several of the Scotish Nobility kissed Their Majesties Hands The Coronation OATH of England The Arch-bishop or Bishop shall say WIll You solemnly Promise and Swear to govern the People of this Kingdom of England and the Dominions thereto belonging according to the Statues in Parliament agreed on and the Laws and Customs of the same The King and Queen shall say I solemnly Promise so to do Arch-bishop or Bishop Will You to Your Power cause Law and Justice in Mercy to be Executed in all Your Judgments King and Queen I Will. Arch-bishop or Bishop Will You to the utmost of Your Power Maintain the Laws of God the true Profession of the Gospel and the Protestant Reformed Religion Established by Law And will You Preserve unto the Bishops and Clergy of this Realm and to the Churches committed to their Charge all such Rights and Priviledges as by Law do or shall appertain unto them or any of them King and Queen All this I Promise to do After this the King and Qeen laying His and Her Hand upon the Holy Gospels shall say King and Queen The Things which I have here before Promised I will Perform and Keep So help me God Then the King and Queen shall kiss the Book The Coronation OATH of Scotland WE William and Mary King and Queen of Scotland faithfully Promise and Swear by this Our solemn Oath in presence of the Eternal God that during the whole course of Our Life we will serve the same Eternal God to the uttermost of Our Power according as he has required in his most holy Word reveal'd and contain'd in the New and Old Testament and according to the same Word shall maintain the True Religion of Christ Jesus the Preaching of his holy Word and the due and right Ministration of the Sacraments now Received and Preached within the Realm of Scotland and shall abolish and gainstand all false Religion contrary to the same and shall Rule the People committed to our Charge according to the Will and Command of God revealed in his aforesaid Word and according to the laudable Laws and Constitutions received in this Realm no ways repugnant to the said Word of the Eternal God and shall procure to the utmost of Our Power to the Kirk of God and whole Christian People true and perfect Peace in all time coming That we shall preserve and keep inviolated the Rights and Rents with all just Privileges of the Crown of Scotland neither shall we transfer nor alienate the same That we shall forbid and repress in all Estates and Degrees Reif Oppression and all kind of wrong And we shall Command and Procure that Justice and Equity in all Judgments be keeped to all persons without exception as the Lord and Father of all Mercies shall be merciful to us And we shall be careful to root out all Hereticks and Enemies to the true Worship of God that shall be Convicted by the true Kirk of God of the aforesaid Crimes out of Our Lands and Empire of Scotland And we faithfully affirm the things above written by Our Solemn Oath God save King WILLIAM and Queen MARY Proposals humbly offered to the Lords and Commons in the present Convention for settling of the Government c. My Lords and Gentlemen YOV are Assembled upon Matters of the highest Importance to England and all Christendom and the result of your Thoughts in this Convention will make a numerous Posterity Happy or Miserable If therefore I have met with any Thing that I think worthy of your Consideration I should think my self wanting in that duty which I owe to my Country and Mankind if I should not lay it before You. If there be as some say certain Lineaments in the Face of Truth with which one cannot be deceiv'd because they are not to be counterfeited I hope the Considerations which I presume to offer You will meet with your Approbation That bringing back our Constitution to its first and purest Original refining it from some gross Abuses and supplying its Defects You may be the Joy of the present Age and the Glory of Posterity FIrst 'T is necessary to distinguish between Power it self the Designation of the Persons Governing and the Form of Government For 1. All Power is from God as the Fountain and Original 2. The Designation of the Persons and the Form of Government is either First immediately from God as in the Case of Saul and David and the Government of the Jews or Secondly from the Community chusing some Form of Government and subjecting themselves to it But it must be noted that though Saul and David had a Divine Designation yet the People assembled and in a General Assembly by their Votes freely chose them Which proves that there can be no orderly or lasting Government without Consent of the People Tacit or Express'd and God himself would not put Men under a Government without their Consent And in case of a Conquest the People may be called Prisoners or Slaves which is a state contrary to the Nature of Man but they cannot be properly Subjects till their Wills be brought to submit to the Government
into such Particulars as time and occasion required So that the Oaths of Supremacy and Allegiance not having altered the terms of Allegiance due from the People of England to their Princes if their Princes by antient Laws of the Realm and by the Practice of our Forefathers were liable to be deposed by the great Councils of the Nation for Male-administration Oppressions and other Exorbitances for not keeping their Coronation-Oaths for Insufficiency to govern c. then they continue still liable to be deposed in like manner the said Oaths or any Obligation contracted thereby notwithstanding For the Practice of former times I shall begin with a very antient Precedent in the Kingdom of the West-Saxons viz. Cudred King of West-Saxony being dead Sigebert his Kinsman succeeded him in that Kingdom and held it but a small time for being puft up with Pride by the Successes of King Cudred his Predecessor he grew insolent and became intolerable to his People And when he evil entreated them all manner of ways and either wrested the Laws for his own Ends or eluded them for his own Advantage Cumbra one of his chief Officers at the request of the whole People intimated their Complaints to the Savage King And because he persuaded the King to govern his People more mildly and that laying aside his Barbarity he would endeavour to appear acceptable to God and Man the King immediately commanded him to be put to Death and increasing his Tyranny became more cruel and intolerable than before whereupon in the beginning of the second Year of his Reign because he was arriv'd to an incorrigible pitch of Pride and Wickedness the NOBLES and the PEOPLE OF THE WHOLE KINGDOM assembled together and upon MATURE DELIBERATION did by UNANIMOUS CONSENT OF THEM ALL drive him out of the Kingdom In whose stead they chose Kenwolph an excellent Youth and of the Royal Blood to be King over the People and Kingdom of the West-Saxons Collect. p. 769 770. ibid. p. 795 796. Cudredo Rege West-Saxiae defuncto Sigebertus Cognatus ejus sibi in eodem Regno successit brevi tamen tempore Regnum tenens nam ex Cudredi Regis Precessoris sui eventibus tumefactus insolens intolerabilis suis fuit cum autem eos modis omnibus male tractaret legesque vel ad commodum suum depravaret vel pro commodo suo devitaret Cumbra Consul ejus Nobilissimus prece totius populi Regi fero eorum querimonias intimavit Et quia ipse Regi suaserat ut leniùs Populum suum regeret inhumanitate depositâ Deo hominibus amabilis appareret Rex eum impiâ nece mox interfici jubens populo saevior intolerabilior quà m priùs suam tyrannidem augmentavit unde in principio secundi Anni Regni sui cum incorrigibilis superbiae nequitiae esset Congregati sunt PROCERES POPVLVS totius REGNI eum PROVIDA DELIBERATIONE à Regno VNANIMI CONSENSV OMNIVM expellebant Cujus loco Kenwolfum juvenem egregium de Regiâ stirpe oriundum in Regem super Populum Regnum Wex-Saxiae elegerunt Collect. 769 770. ibidem p. 795 796. This Deposition of King Sigebert appears to have been done in a formal and orderly Manner viz. in a Convention of the Proceres and the Populus totius Regni and it was done providâ deliberatione unanimi Omnium Consensu and consequently was not an Act of Heat Rebellion or Tumultuary Insurrection of the People But was what the whole Nation apprehended to be Legal Just and according to the Constitution of their Government and no breach of their Oaths of Allegiance Nor have we any reason to wonder that the English Nation should free themselves in such a manner from Oppression if we consider that by an antient Positive Law Enacted in K. Edward the Conf. time and confirmed by William the Conqueror the Kings of England are liable to be deposed if they turn Tyrants The King because he is the Vicar of the Supream King is constituted to this end and purpose that he may govern his earthly Kingdom and the People of the Lord and especially to govern and reverence God's holy Church and defend it from Injuries and root out destroy and wholly to extirpate all Wrong-doers Which if he do not perform HE SHALL NOT RETAIN SO MUCH AS THE NAME OF A KING And a little after The King must act all things according to Law and by the Judgment of the Proceres Regni For Right and Justice ought to reign in the Realm rather than a perverse Will It is the Law that makes Right but Wilfulness Violence and Force is not Right The King ought above all things to fear and love God and to keep his Commandments throughout his Kingdom He ought also to preserve to cherish maintain govern and defend against its Adversaries the Church within his Kingdom entirely and in all freedom according to the Constitutions of the Fathers and of his Predecessors that God may be honoured above all things and always be had before Men's Eyes He ought also to set up good Laws and approv'd Customs and to abolish evil ones and put them away in his Kingdom He ought to do right Judgment in his Kingdom and maintain Justice by advice of the Proceres Regni sui All these things the King in proper Person looking upon and touching the Holy Gospels and upon the Holy and Sacred Relicks must swear in the Presence of his People and Clergy to do before he be crown'd by the Archbishops and Bishops of the Kingdom Lamb. of the Antient Laws of England pag. 142. Rex autem quia Vicarius summi Regis est ad hoc est constitutus ut Regnum terrenum Populum Domini super omnia sanctam veneretur Ecclesiam ejus regat ab injuriosis defendat maleficos ab eâ evellat destruat penitus disper Quod nisi fecerit nec nomen Regis in eo constabit Et paulò post Debet Rex omnia ritè facere in Regno per Judicium Procerum Regni Debet enim Jus Justitia magis regnare in Regno quà m voluntas prava Lex est semper quod Jus facit voluntas autem Violentia Vis non est Jus. Debet verò Rex Deum timere super omnia diligere mandata ejus per totum Regum suum servare Debet etiam sanctam Ecclesiam Regni sui cum omni integritate libertate juxta Constitutiones Patrum Praedecessorum servare fovere manutenere regere contrainimicos defendere it a ut Deus prae coeteris honoretur prae oculis semper habeatur Debet etiam bonas Leges Consuetudines approbat as erigere pravas autem delere omnes à Regno deponere Debet Judicium rectum in Regno suo facere Justitiam per Consilâ—um Procerum Regni sui tenere Ista verò debet omnia Rex in propriâ personâ inspectis tactis sacrosanctis Evangeli is
be miserably diminish'd sooner than we are aware But there remains yet another part of our Message which we have to impart to you on the behalf of your People They find in an antient Statute and it has been done in fact not long ago That if the King through any Evil Counsel or foolish Contumacy or out of Scorn or some singular petulant Will of his own or by any other irregular Means shall alienate himself from his People and shall refuse to be govern'd and guided by the Laws of the Realm and the Statutes and laudable Ordinances thereof together with the wholsom Advice of the Lords and great Men of his Realm but persisting head-strong in his own hare-brain'd Counsels shall petulantly prosecute his own singular humour That then it shall be lawful for them with the common assent and consent of the People of the Realm to depose that same King from his Regal Throne and to set up some other of the Royal Blood in his room H. Knight Coll. 2681. No Man can imagine that the Lords and Commons in Parliament would have sent the King such a Message and have quoted to him an old Statute for deposing Kings that would not govern according to Law if the People of England had then apprehended that an Obedience without reserve was due to the King or if there had not been such a Statute in being And though the Record of that Excellent Law be lost as the Records of almost all our Antient Laws are yet is the Testimony of so credible an Historian who lived when these things were transacted sufficient to inform us that such a Law was then known and in being and consequently that the Terms of English Allegiance according to the Constitution of our Government are different from what some Modern Authors would persuade us they are This Difference betwixt the said King and his Parliament ended amicably betwixt them in the punishment of many Evil Counsellors by whom the King had been influenced to commit many Irregularities in Government But the Discontents of the People grew higher by his After-management of Affairs and ended in the Deposition of that King and setting up of another who was not the next Heir in Lineal Succession The Articles against King Richard the Second may be read at large in H. Knighton Collect. 2746 2747 c. and are yet extant upon Record An Abridgment of them is in Cotton's Records pag. 386 387 388. out of whom I observe these few there being in all Thirty three The First was His wasting and bestowing the Lands of the Crown upon unworthy Persons and overcharging the Commons with Exactions And that whereas certain Lords Spiritual and Temporal were assign'd in Parliament to intend the Government of the Kingdom the King by a Conventicle of his own Accomplices endeavoured to impeach them of High-Treason Another was For that the King by undue means procured divers Justices to speak against the Law to the destruction of the Duke of Glocester and the Earls of Arundel and Warwick at Shrewsbury Another For that the King against his own Promise and Pardon at a solemn Procession apprehended the Duke of Glocester and sent him to Calice there to be choaked and murthered beheading the Earl of Arundel and banishing the Earl of Warwick and the Lord Cobham Another For that the King's Retinue and a Rout gathered by him out of Cheshire committed divers Murders Rapes and other Felonies and refused to pay for their Victuals Another For that the Crown of England being freed from the Pope and all other Foreign Power the King notwithstanding procured the Pope's Excommunication on such as should break the Ordinances of the last Parliament in derogation of the Crown Statutes and Laws of the Realm Another That he made Men Sheriffs who were not named to him by the Great Officers the Justices and others of his Council and who were unfit contrary to the Laws of the Realm and in manifest breach of his Oath Another For that he did not repay to his Subjects the Debts that he had borrowed of them Another For that the King refused to execute the Laws saying That the Laws were in his Mouth and Breast and that himself alone could make and alter the Laws Another For causing Sheriffs to continue in Office above a Year contrary to the tenor of a Statute-Law thereby incurring notorious Perjury Another For that the said King procured Knights of the Shires to be returned to serve his own Will Another For that many Justices for their good Counsel given to the King were with evil Countenance and Threats rewarded Another For that the King passing into Ireland had carried with him without the Consent of the Estates of the Realm the Treasure Reliques and other Jewels of the Realm which were used safely to be kept in the King 's own Coffers from all hazard And for that the said King cancelled and razed sundry Records Another For that the said King appear'd by his Letters to the Pope to Foreign Princes and to his Subjects so variable so dissembling and so unfaithful and inconstant that no Man could trust him that knew him insomuch that he was a Scandal both to himself and the Kingdom Another That the King would commonly say amongst the Nobles that all Subjects Lives Lands and Goods were in his hands without any forfeiture which is altogether contrary to the Laws and Vsages of the Realm Another For that he suffered his Subjects to be condemned by Martial-Law contrary to his Oath and the Laws of the Realm Another For that whereas the Subjects of England are sufficiently bound to the King by their Allegiance yet the said King compell'd them to take new Oaths These Articles with some others not altogether of so general a concern being considered and the King himself confessing his Defects the same seemed sufficient to the whole Estates for the King's Deposition and he was depos'd accordingly The Substance and Drift of all is That our Kings were antiently liable to and might lawfully be deposed for Oppression and Tyranny for Insufficiency to govern c. in and by the great Council of the Nation without any breach of the old Oath of Fealty because to say nothing of the nature of our Constitution express and positive Laws warranted such Proceedings And therefore the Frame of our Government being the same still and the Terms of our Allegiance being the same now that they were then without any new Obligations superinduced by the Oaths of Allegiance and Supremacy a King of England may legally at this day for sufficient cause be deposed by the Lords and Commons assembled in a Great Council of the Kingdom without any breach of the present Oaths of Supremacy or Allegiance Quod erat demonstrandum MANTISSA WHen Stephen was King of England whom the People had chosen rather than submit to Mawd tho the Great Men of the Realm had sworn Fealty to her in her Father's life-life-time Henry Duke of Anjou Son of the said Mawd afterwards King Henry the Second invaded the Kingdom An. Dom. 1153 which was towards the latter-end of King Stephen's Reign and Theobald Archbishop of Canterbury endeavoured to mediate a Peace betwixt them speaking frequently with the King in private and sending many Messages to the Duke and Henry Bishop of Winchester took pains likewise to make them Friends Factum est autem ut mense Novembris in fine mensis EX PRAECEPTO REGIS ET DUCIS Collect. pag. 1374 1375. convenirent apud Wintoniam Praesules Principes Regni ut ipsi jam initae paci praeberent assensum unanimiter juramenti Sacramento confirmarent i.e. It came to pass that in the Month of November towards the latter end of the Month at the summons of the King and of the Duke the Prelats and Great Men of the Kingdom were assembled at Winchester that they also might assent to the Peace that was concluded and unanimously swear to observe it In that Parliament the Duke was declared King Stephen's adopted Son and Heir of the Kingdom and the King to retain the Government during his Life I observe only upon this Authority That there being a Controversy betwixt the King and the Duke which could no otherwise be determined and settled but in a Parliament the Summons of this Parliament were issued in the Names of both Parties concerned Quisquis habet aures ad audiendum audiat FINIS
STATE TRACTS Being a Farther COLLECTION OF Several Choice Treatises Relating to the GOVERNMENT From the YEAR 1660. to 1689. Now Published in a Body to shew the Necessity and clear the Legality of the Late REVOLUTION and Our present Happy SETTLEMENT under the Auspicious Reign of Their MAJESTIES King William and Queen Mary LONDON Printed and are to be Sold by RICHARD BALDWIN near the Oxford-Arms in Warwick-Lane MDCXCII PREFACE to the READER THE Main and Principal Design of making this following Collection was to preserve entire in this Second Volume some other Excellent Tracts of equal esteem and value with the former which made that Book so much obtain among the Learned and Curious as that the whole Impression of it is already near sold And as it cannot but be very entertaining to Vs in the reading of them who do yet so sensibly remember what we then felt and looked for worse to fall on us every day than other so it will certainly be of great Benefit and Advantage to our Posterities in future who may considerably profit themselves by our Misfortunes This is a Collection that in the general will set forth the true and Legal Constitution of our Ancient Famous English Government which of all the Countries in Europe Memoirs of Philip de Comines Kt. lib. 5. cap. 18. p. 334. in Octavo Printed 1674. where I was ever acquainted says the Noble Lord of Argenton is no-where so well managed the People no-where less obnoxious to Violence nor their Houses less liable to the Desolations of War than in England for there the Calamities fall only upon the Authors 'T was a true Observation that this Great Man made of the Justice of our Gallant Ancestors in his days how miserable the Successive Generations have deviated from the vertue of their steps how much the strict Piety of their Manners and the noble Bravery of their Spirits Tempers and Complexions have been enervated and dissolved by the later looseness supine carelesness and degeneracy the present Age hath great reason to bewail and 't is hoped that those to come will be hereby cautioned to grow wiser and better by those past Follies and Miscarriages In particular Here will be seen the dangerous Consequences of keeping up a standing Army within these Kingdoms in a time of Peace without consent of Parliament The Trust Power and Duty of Grand Juries and the great Security of English-mens Lives in their faithful discharge thereof The Right of the Subject to Petition their King for Redress of their Wrongs and Oppressions and that Access to the Sovereign ought not to be shut up in case of any Distresses of his People The Spring of all our late private Mischievous Councils and Cabals and the Special Tools that were thought fittest for Preferment to be imployed under a colour of Authority to put all those concerted Designs in motion and execution The Parliament's Care in appointing a Committee to examine the Proceedings of the Forward and Active Judges upon several Cases that were brought before them of grand importance to the Common-weal Peace and Safety of the Nation ☞ and the Resolution of the House of Commons upon their Report That the Judges said Proceedings were Arbitrary and Illegal destructive to Publick Justice a high and manifest Violation of their Oaths a Scandal to the Reformation an usurpation of the Legislative Power to themselves and a means to subvert the Fundamental Laws of this Kingdom And the several Grievances that this Nation hath long been labouring under for the Advancement of Popery Arbitrary Dominion and the unmeasurable Growth and Power of France There are likewise interspersed in this Volume several Matters of Fact relating to the Male-Admininistration of Affairs in Scotland under Duke Lauderdale and his Favourites as also a Large and Faithful Account of the late Earl of Argyle's Tryal Escape and Sentence with divers other things for the better clearing of his Case In a word This Collection will discover to us the Mysteries of the Monarchy in the two Late Reigns and the Abused Trust of Government in those Princes by a Dispencing Power both in Ecclesiastical and Civil Matters to Tyrannize over their Subjects who in the mean while were taught by sâ—me Passive-Obedience and Non-Resistance Doctrine-holders That all their Duty was tamely to submit to and patiently sigh under their daily Sufferings and Oppressions and I think we bore them so long till we were within one throw more of loosing all our good old Laws and Constitutions and even the Government it self Our Miseries were lately so great and many as you will find here that it is impossible for any one better and more fully to express them than in the words of a very Learned and Judicious Author who hath thus given us a just and lively Representation of them Our Laws says he were trampled under foot and upon the matter abolished to set up Will and Pleasure in their room under the Cant and Pretence of Dispencing Power Our Constitution was overthrown by the Trick of New Charters and by closetting and corrupting Members of Parliament Men were required under pain of the highest Displeasure to consent Some Considerations about the most proper way of raising Money in the present Conjuncture Printed Octob. 1691. and concur to the sacrificing their Religion and the Liberty of their Countrey The worthiest honestest and bravest Men in England had been barbarously murthered and to aggravate the Injustice which was done them all bad been varnished over with a Colour of Law and the Formality of Tryals not unlike the Case of Naboth and Ahab Those whom the Law declared Traytors were in defiance of the National Authority introduced into our Councils and the Conduct of Affairs put into their hands Our Vniversities were invaded by open Force those who were in the lawful possession of the Government of Colledges turned out and Papists sent thither in their room And if that Attempt had throughly prospered the Churches and Pulpits would soon have followed It were vain to go about to enumerate Particulars In a word the Nation was undone All was lost The Judges were suborned or threatned to declare that the King was Master of all the Laws and the Bishops were required to publish this New-created Prerogative in all the Churches of England by the Mouths of the Clergy which when some of them refused to do representing to the King with the utmost submission and modesty that neither Conscience nor Justice permitted them to do what he desired they were prosecuted at Law as if they had been guilty of some great Crime Letters were written and intercepted by which it appeared evidently that the change of our Religion was determined and that Popery was to be brought in with all speed least the opportunity should be lost And for the better compassing this pious design our Civil and Parliamentary Rights were to be taken away in Ordine ad Spiritualia And when the Nation and those who were concerned
for it being terrified by the greatness of the danger would have compounded so far as to have taken away the Penal Laws against Papists and so have set them upon a Level with other English Subjects provided the Test might have been continued and the Government secured from falling into the hands of that Faction all such offers were despised and rejected with scorn Nor would any thing content the Bigotry and Arbitrary humour of those who were then in the Saddle less than the total enslaving of the Nation and the Re-establishment of that Idolatrous Religion from which our Ancestors had freed themselves with so much Bravery and Generosity in the beginning of the last Century In this deplorable Condition His then Highness the Prince of Orange found these Kingdoms when he came to relieve us from the greatest Oppressions He heard the Voice of the People that earnestly invited him over to their Rescue and taking it as undoubtedly it was for the Voice of God complied and God hath made us All happy with the desired success Had the late King James stuck firmly to the Interests of his People He would thereby have easily secured his own and if they could have found He had had what he assured both Houses of Parliament King's Speech to both Houses of Parliament May 30. 1685. in a Speech he made to them A true English heart as Jealous of the Honour of the Nation as they themselves could be he might have carried by God's Blessing and their Assistance as he then said the Reputation of it yet higher in the World than ever it had been in the time of any of his Ancestors He wanted not some about him at the first especially that would gladly have given him faithful Counsel Those that were able to advise him well and were real Friends to Him as they were true to their Religion and to the Interest of their Countrey and A Wise Man says my incomparable Author Memoirs of Philip de Comines lib. 3. c. 5. p. 159. in a Prince's Retinue is a great Treasure and Security to his Master if one has the Liberty to speak truth and the other the Discretion to believe him But unhappy Prince He was resolvedly bent by the force of his own Superstition the Power and Influence of the Priests and Jesuits that continually attended on him and the Directions from France upon the total Destruction of our Reformed Religion that Pestilent Northern Heresy our Liberties and our Properties and was upon the point of effecting that Tremendous Design but God in his Wise Providence with Infinite Mercy and Compassion to this almost Ruined Land and People saw it meet to give check to that Imperial Carreer with a hitherto shalt thou come and no further HE REMOVETH KINGS AND SETTETH UP KINGS In this Volume you have a full Account of our late happy Revolution with almost all the steps and measures that were taken in it and a justification of our present Settlement 'T was God's doing and it ought ever to be marvellous in our eyes We have now a King and Queen professing the same Faith with our selves who as He came over to preserve our Dearest Interests the Protestant Religion and to restore to Vs our invaded Laws and Liberties found the Nation generally disposed to receive him as the Mighty Deliverer under God of this Church and State The hand of Heaven conducted him with safety up to London and all the Kingdom called him Blessed and in a sence of Joy and Gratitude to Him and His Royal Consort The whole Body of the Nation by their Representatives in Parliament have recognized and acknowledged Their present Majesties to be their Lawful and Rightful Sovereign Liege Lord and Lady And how could we do less than own them for our King and Queen who by such an amazing turn have redeemed from Slavery both our Souls and Bodies if we pretend to any value for our Holy Religion or any English Love of Liberty We have a King of an Extraordinary Personal Valour and Conduct that hath very often already ventured his Life and still resolves to despise all difficulties and hazards himself that His People may reap the fruit of them in their own Peace and Prosperity and that the Protestant Religion may be established to us and our Children to future Generations The Queen is as Supream in Her Vertue as in Her Dignity and hath shewed a most Eminent Resolution as well as a most Prudent Care in all the Administrations of the Government when the Absence of the King hath obliged Her to take the Exercise of the Regal Power upon Her So that the Nation may now hope to enjoy a lasting Felicity from the Royal Protection of both Their Majesties whose constant endeavours we are assured from themselves will be imployed to procure and support the Interest and Honour of it and the Benefit Safety and Ease of their People they throughly understanding the Truth of Mons Gourville's Observation who had been long enough here in England Memoirs of what past in Christendom from the War begun 1672. to the Peace concluded 1679. p. 33 34. to know the Humour of our Court and People and Parliaments to conclude Qu'un Roy d'Angleterre qui veut estre l'homme de son peuple est le plus Grand Roy du monde mais s'il veut estre quelque chose d'avantage par Dieu il n'est plus rien i. e. That a King of England who will be the MAN of his People is the greatest King in World but if he will be something more he is nothing at all I may venture therefore to Prophesy that this King and Queen will take the same care to continue as they have already done to make themselves the DARLING of their People and no Good English Man can wish for more but that this King and Queen may long Reign and that the Tripple Alliance of their Sacred Majesties their Parliaments and their People may never be dissolved Little needs be said concerning the usefulness of such Collections as these THAT formerly published having received sufficient Approbation from Persons of Learning and Knowledg The benefit of them is the same with what redounds from a true History not of Battels and Sieges Births Marriages and Deaths of Princes which are temporary and momentary things but of the Legal Government of a Nation struggling with Arbitrary Power and Illegal Proceedings so far forth as it was invaded within the time mentioned in the Title A CATALOGUE OF THE TRACTS Contained in This Second Volume 1. THE Earl of Clarendon's Speech about disbanding the Army September 13. 1660. Fol. 1 2. The State of England both at home and abroad in order to the Designs of France considered 6 3. Of the Fundamental Laws or Politick Constitution of this Kingdom 22 4. London's Flames revived Or an Account of several Informations exhibited to a Committee appointed by Parliament Sept. 25. 1666. to inquire into the burning of London
43. A Brief Account of particulars occurring at the happy death of our late Soveraign Lord K. Ch. 2d in regard to Religion faithfully related by his then Assistant Mr. Jo. Huddleston 280 44. Some Reflections on His Majesty's Proclamation of the Twelfth of Feb. 1686 7. for a Toleration in Scotland together with the said Proclamation 281 45. His Majesty's Gracious Declaration to all his Loving Subjects for Liberty of Conscience 287 46. A Letter containing some Reflections on His Majesty's Declaration for Liberty of Conscience Dated April 4. 1687. 289 47. A Letter to a Dissenter upon Occasion of His Majesty's Late Gracious Declaration of Indulgence 294 48. The Anatomy of an Equivalent 300 49. A Letter from a Gentleman in the City to his Friend in the Countrey containing his Reasons for not reading the Declaration 309 50. An Answer to the City Minister's Letter from his Countrey Friend 314 51. A Letter from a Gentleman in Ireland to his Friend in London upon ocasion of a Pamphlet entituled A Vindication of the Present Government of Ireland under his Excellency Richard Earl of Tyrconnel 316 52. A Plain Account of the Persecution laid to the Charge of the Church of England 322 53. Abby and other Church Lands not yet assured to such possessors as are Roman-Catholicks dedicated to the Nobility and Gentry of that Religion 326 54. The King's Power in Ecclesiastical matters truly stated 331 55. A Letter writ by Mijn Heer Fagel Pensioner of Holland to Mr. James Stewart Advocate giving an Account of the Prince and Princess of Orange's thoughts concerning the Repeal of the Test and the Penal Laws 334 56. Reflections on Monsieur Fagel's Letter 338 57. Animadversions upon a pretended Answer to Mijn Heer Fagel's Letter 343 58. Some Reflections on a Discourse called Good Advice to the Church of England c. 363 59. The ill effects of Animosities 371 60. A Representation of the Threatning Dangers impending over Protestants in Great-Britain With an Account of the Arbitrary and Popish ends unto which the Declaration for Liberty of Conscience in England and the Proclamation for a Toleration in Scotland are designed 380 61. The Declaration of his Highness William Henry by the Grace of God Prince of Orange c. of the Reasons inducing him to appear in Arms in the Kingdom of England for preserving of the Protestant Religion and for restoring the Laws and Liberties of England Scotland and Ireland 420 62. His Highnesses Additional Declaration 426 63. The then supposed Third Declaration of his Royal Highness pretended to be signed at his head Quarters at Sherborn-Castle November 28. 1688. but was written by another Person tho yet unknown 427 64. The Reverend Mr. Samuel Johnson's Paper in the year 1686. for which he was sentenc'd by the Court of Kings-Bench Sir Edward Herbert being Lord Chief Justice and Sir Francis Wythens pronouncing the Sentence to stand Three times on the Pillory and to be whipp'd from Newgate to Tyburn which barbarous Sentence was Executed 428 65. Several Reasons for the establishment of a standing Army and Dissolving the Militia by the said Mr. Johnson 429 66. To the King 's Most Excellent Majesty the Humble Petition of William Archbishop of Canterbury and divers of the suffragan Bishops of that Province then present with him in behalf of themselves and others of their absent Brethren and of the Clergy of their respective Diocesses with His Majesty's Answer 430 67. The Petition of the Lords Spiritual and Temporal for the calling of a free Parliament together with His Majesty's Gracious Answer to their Lordships Ib. 68. The Prince of Orange's Letter to the English Army 431 69. Prince George his Letter to the King 432 70. The Lord Churchill's Letter to the King 432 71. The Princess Ann of Denmark's Letter to the Queen 433 72. A Memorial of the Protestants of the Church of England presented to their Royal Hignesses the Prince and Princess of Orange 433 73. Admiral Herbert's Letter to all Commanders of Ships and Seamen in His Majesty's Fleet. 434 74. The Lord Delamere's Speech 434 75. An Engagement of the Noblemen Knights and Gentlemen at Exeter to assist the Prince of Orange in the defence of the Protestant Religion Laws and Liberties of the People of England Scotland and Ireland 435 76. The Declaration of the Nobility Gentry and Commonalty at the Rendezvouz at Nottingham November 22. 1688. 436 77. His Grace the Duke of Norfolk's Speech to the Mayor of Norwich on the 1st of December in the Market-place of Norwich 437 78. The Speech of the Prince of Orange to some principal Gentlemen of Somersetshire and Dorsetshire on their coming to join his Highness at Exeter Novemb. 15. 1688. 437 79. The True Copy of a Paper delivered by the Lord Devonshire to the Mayor of Darby where he Quartered Novemb. 21. 1688. 438 80. A Letter from a Gentleman at Kings-Lynn Decemb. 7. 1688. to his Friend in London With an Address to his Grace the most Noble Henry Duke of Norfolk Lord Marshall of England Ibid. 81. His Grace's Answer with another Letter from Lynn-Regis giving the D. of Norfolk's 2d Speech there Decemb. 10. 1688. 439 82. The Declaration of the Lord 's Spiritual and Temporal in and about the Cities of London and Westminster Assembled at Guild-Hall Decemb. 11. 1688. Ibid. 83. A Paper delivered to his Highness the Prince of Orange by the Commissioners sent by His Majesty to treat with him and his Highness's Answer 1688. 440 84. The Recorder of Bristoll's Speech to his Highness the Prince of Orange Monday Jan. 7. 1688. 441. 85. The Humble Address of the Lieutenancy of the City of London to his Highness the Prince of Orange Decemb. 12. 1688. 442 86. The Humble Address of the Lord Mayor Aldermen and Commons of the City of London in Common-Council Assembled to his Highness the Prince of Orange 443 87. The Speech of Sir Geo. Treby Knight Recorder of the Honourable City of London to his Highness the Prince of Orange Decemb. 20. 1688. Ibid. 88. His Highness the Prince of Orange's Speech to the Scotch Lords and Gentlemen with their Advice and his Highness's Answer with a true Account of what past at their meeting in the Council Chamber at White-Hall Jan. 7. 1688 9. 444 89. The Emperor of Germany's Account of K. James's Misgovernment in joining with the K. of France the Common Enemy of Christendom in his Letter to K. James 446 90. The Declaration of the Lords Spiritual and Temporal and Commons Assembled at Westminster concerning the Misgovernment of K. James and filling up the Throne Presented to K. William and Q. Mary by the Right Honourable the Marquess of Hallifax Speaker to the House of Lords with His Majesty's Most Gracious Answer thereunto 447 91. A Proclamation Declaring William and Mary Prince and Princess of Orange to be King and Queen of England France and Ireland c. 449 92. The Declaration of the Estates of Scotland concerning the Misgovernment of K. James the 7th
from those Contentions whilest every one pretended to all the Marks which are to attend upon the true Church except only that which is inseparable from it Charirity to one another My Lords and Gentlemen This Disquisition hath cost the King many a Sigh many a sad Hour when he hath considered the almost irreparable Reproach the Protestant Religion hath undergone from the Divisions and Distractions which have been so notorious within this Kingdom What pains he hath taken to compose them after several Discourses with learned and pious Men of different Perswasions you will shortly see by a Declaration He will publish upon that Occasion by which you will see His great Indulgence to those who can have any Protection from Conscience to differ with their Brethren And I hope God will so bless the Candor of His Majesty in the Condescentions he makes that the Church as well as the State will return to that Unity and Unanimity which will make both King and People as happy as they can hope to be in this World My Lords and Gentlemen I shall conclude with the Kings hearty thanks to you not only for what you have done towards Him which hath been very signal but for what you have done towards each other for the excellent correspondence you have maintained for the very seasonable Deference and Condescention you have had for each other which will restore Parliaments to the Veneration they ought to have And since His Majesty knows that you all desire to please him you have given him ample Evidence that you do so He hath appointed me to give you a sure Receipt to attain that good End it is a Receipt of His own prescribing and therefore is not like to fail Be but pleased your selves and perswade others to be so contrive all the ways imaginable for your own Happiness and you will make Him the best pleased and the most happy Prince in the World THE State of ENGLAND Both at HOME and ABROAD In Order to The Designs of France CONSIDERED To the READER THIS Discourse being imaginarily Scened and yet really performed out of the Treasure of a very great Minister of State 's Capacity it was thought fit to be Published now and not before because that Respect ought to be payed to the Secret of his Majesty's Affairs so as nothing should anticipate the King 's own Labours to give the People Satisfaction in his due time touching the tender Care that He is graciously pleased to take of all his Subjects in point of Honour Safety Freedom Union and Commerce which nothing could more advance then the Conclusion of the Treaty newly made betwixt England and the States of the United Provinces which without Flattery may be demonstrated to Men of Understanding to aim at nothing but the Good of His Subjects in general exempt from all manner of private Interest whatsoever Blessed be God then that it is so happily concluded and that we have a King whom nothing can ever alienate from the true Interest of his Realms nor no corrupt Counsellour let him be thought to be never so Powerful or Crafty in order to his own Advantages prevent the Wisdom and Integrity of such a Prince from prevailing above the Artifices and Frauds of those who would perswade the Nation were they competent Masters of their Art enough so to do that those Counsellors who are not interested can be less prudent or successful then such as did make it their Business to appropriate all to themselves and nothing to their Master The French King is much commended for his Parts and Activity but let us see him out-do the King of England in this particular of the Treaty both in Courage and Conduct and then I shall be apt to attribute his Grandeur as much to natural Abilities as extraordinary Fortune but not before THE State of England c. THE Adventure which happened unto me lately is of so extraordinary a nature and contains so many important Discoveries in relation to the publick Good in its Progress that I should prove defective towards my Countrey if I did not candidly publish all the Passages both touching the Occasion and Effects of what followed from this Accident Know then that a Peer of the Realm of England and one whose Merit Quality and the Place which he holds in the Administration of the Affairs of the Kingdom are remarkable did invite sundry of his Lordship's best Friends to a magnificent Feast and amongst the rest he had the kindness not to omit me out of the number where the excellence of the Chear which he made to his Guests after a most noble manner put the whole Company into such a refined humour of conversing together that the Entertainment was but one intire pleasing Debate how to express our compleat enjoying of each other I was not wanting with the uttermost of Vigour and Solace to uphold the Genious of this Conference But as the freest speakers do commonly come by the worst in Discourse and are the soonest exposed to enterfiering lashes I found my self to be attacqued in so many places at once with the swiftness of other Mens Reasons and Wits who held the opposite Arguments that although I were something heated yet there remained unto me presence of mind enough and success of Intervalls to get insensibly out of the Press whilst the Disorder and Confusion lasted which is usual at such Meetings into another room I retired then pursuing the Opportunity into a fair Gallery which surprised my Eyes with the rich Ornaments wherewith it was furnished but not without trouble neither and a Curiosity beyond the Opticks of the Place which increased there so as I was diverted from any farther Consideration of the Furniture because the Place seemed to lie too near the Enemy to dwell any longer upon those Objects Wherefore I went into another Chamber hard by which instantly filled me with new Apprehensions by the means of several large Looking-Glasses hanging on the Walls which shewed me my own proper Figure at length on every side and from thence imprinted in my wounded Imagination as many Adversaries as there were angular Reflections out of each Mirrour that appeared to pursue me so furiously that I ran on violently with my head forwards in order to some Escape to the door of another Chamber adjoyning thereunto which opened with such Resistance when I thrust against it as if it had been forced with a Petard And thus falling in the Attempt I was so stunned that it was a good while after before I could come to my self again But at last having partly recovered my spirits I was surprised with a fresh astonishment as much amazed me as the former had done that I repeated for when I began to open my eyes half way finding that till then they had been altogether unuseful to me I attributed the Disorder to want of Sight often feeling in regard of the Darkness of the Room to try whether they were still in my head or not
a mind to Conquer us I read in the Scripture so base a Character of none as of them who are neither hot nor cold And able Statesmen have always reproved this kind of Tepidness or Half-conduct to be both unuseful and dangerous Media via nec Amicos parat nec Inimicos tollit Wherefore England must of necessity either preserve the Low-Countries against the Usurpation of the French which is our Bulwark or raise a new Fence that shall shelter us from being conquered To preserve the first then Spain must be assisted from hence and to make a new Rampart we must divide the Spoil with France Experience hath sufficiently shewn us that our Ports are not inaccessible and Reason demonstrates that those can never be secure from the like Attempts but by keeping a powerful Fleet out at Sea that we may be absolute Masters there 'T is a Maxim also which admits neither of exception nor diminution That a well-governed Kingdom is obliged to arm when War is kindled in the Neighbourhood And though we should resolve to take part neither with the one Interest nor the other yet we must be in a Posture to hinder the Torrent from coming upon our Land that so the Conquerour may not have a mind to extend his Conquests hitherwards Here then is the Charge of Arming which on this Conjuncture is inevitable the equipping of a Fleet and raising of Souldiers to be mutually entertained at the charge of the People if we do not speedily take some Party and all this Expence without Glory or hope to get any fruit by so unprofitable a Counsel wherein our Souldiers will never learn the Discipline of War or extract any Utility from such Prizes as being uncapable after this manner to share in the Booty or in the Victories and Treaties of Accommodation according to their several events Whereas by taking part either with Spain or France the Charge would be much less because he whom we aid would largely contribute towards it and the Prizes gotten at Sea might help to discharge the Expence both of the Naval and the Land-Forces And thus would our Souldiers be exercised and our Nation make a noise again abroad and regain the Reputation which we have of late but too ignominiously lost in the World For when our men shall be trained up daily in strict Discipline beyond Seas we shall by this means establish a Seminary of good and able fighting men at the Cost of others which will be the firm Pillars of the Party and render us considerable in the eyes of all our Neighbours Besides this course may be a vent so to discharge the Realm of ill humours and a great company of Idle persons which now being without Employment are a burthen to the Publick and who one day are capable too of disturbing the domestick Tranquility of the State whereas on the contrary what Success soever this War shall have we shall always find our Accompt in the end of an Accommodation whereof being thus prepared we cannot fail of having the principal benefit and part All these Considerations then seem unto me to be so convincing that they do oblige me absolutely to condemn the Opinion of Neutrality as inconsistent with our Glory Safety and Fundamental Reasons of State by concluding positively that we ought to lend an ear to those Propositions which shall be made unto us from all Parties and embrace those which shall be found to be most agreeable and convenient to the Interest of the Kingdom And in the interim to be the more considered by both these great Parties and better assured against all manner of Attempts my Advice is That without any longer loss of time a strong Fleet should be presently got ready and that as many days as we have to spare before the next Campagne since now every hour is precious that is not well spent as to this purpose may be employed to render us henceforwards necessary unto them whose Cause we shall resolve to embrace and as formidable to those against whom we intend to declare so that on both sides we may be the Commanders of the whole Affairs and give it respite or motion by the sole Rule of the Interests of England After that he had spoken thus I did observe by the Countenance of the other two persons that had not yet spoken that this Discourse did not displease them wherefore without any farther Reflection one of them briskly began to speak to this effect Your Reasons said he are so convincing that I do not only render my consent unto them without any Reply but mean to make use of them to serve as the Bass and Foundation of that Edifice which I have a long time meditated upon in order to the fundamental Maxims of State of this Nation Therefore without more ceremony or delay I see that we must act and take one of the two Parties For any other Counsel would be dangerous and destructive by exposing of us to a thousand Inconveniencies which all the humane Prudence imaginable cannot be capable of preventing or avoiding in process of time I remain also agreed with you that in the choice of which Party we are to take we ought not to consider more than just what our own Interest properly is which is the Rule of that conduct of Monarchs that as the Soul and the Spirit vivifying the whole Figure before us gives it motion in the Body of the State It rests then to Form the Consequences upon these Principles and decide which of the two Parties is the most convenient France offers Roses unto us Spain nothing but Thorns The first presents us with a Scheme of Conquests without Dangers the last with prospect of Dangers without Profit The one invites us to be their Companions of assured Victories of which they have already beaten the way the other doth sollicite us and implore our Aid only to help them out of the mire without any other Benefit than as the old Proverb says There 's your labour for your pains at the price of our Bloud and Lives If we shall engage in the Assistance of Spain in succouring them we run a Risco of being lost our selves without yet being able to re-establish them but by joyning with France we shall partake of the Spoiles with them which we can never by force be able to take out of their hands since the Progress of France is now arrived at such a point of Effect that all our Powers combined together are not sufficient to stop it and then both our Resistances and Succours will serve but to ruine the Spaniards the sooner and bring the Vengeance of the French upon our own heads And if Spain comes to sink under the Weight of the War all the burthen of that Fall centers upon England alone In fine 't is agitated therefore singly as to this particular Whether we will needs chuse to embark in a Vessel so driven with storms or in a Ship which sails at ease with
she finds no Opposition in the approaches thereunto and Spain probably must sink under the burthen unless that Crown be succoured though it is as true also that the Mischief is easily to be prevented if Remedies be applied thereunto in due time and before that the Inconvenience root it self too deep All the Advantage which France hath gained in this last Campaign is no more than an effect of their Address and the over-grown Credulity of Spain rather than of their Valour and Power All the Places which they have conquered in Flanders are but great Country-Towns where the People being ever the strongest he that is Master of the Field carries always the Keys of them at his Girdle to enter when he pleases and the winning of one Battel recovers them back again France hath constantly yielded in every thing where she hath found a real Resistance without gaining any thing beyond what the fright of an incommodated Multitude hath holpen them to acquire by such a Surprising Invasion Spain hath yet great resorts to recur unto provided only they can gain time and the means of making them meet together and thus recover their Spirits We know that she hath made Contracts for considerable Sums of Money and that the Spaniards are now about to put themselves in a way to be able shortly to withstand the strongest Shocks of the War and by the little Diversion of the Forces of France which we may make without any prejudice to England we can certainly put Spain into a Condition of attacquing the French as well as of defending it self and so shall we reduce France into a necessity of demanding Peace Spain is not unprovided of Friends nor Allies The Emperour doth already make a great step in favour of the Circle of Burgundy by taking of it intirely under his Protection as a Member of his Body The States of the United Provinces are not asleep neither as to their own proper Interests upon this Conjuncture and after having tried in vain the sweeter ways of appeasing the Tempest they will not abandon themselves on so pressing an Occasion being that they do see well enough their Safety depends absolutely upon their Resolution We know that they desire a sincere Alliance with us and that they would make all the progresses necessary towards it could they but discern in us any real disposition not to reject the Offer Sweden which is weary to serve but as an Instrument to the Interests of France to the prejudice of their own Affairs will no doubt also follow our Motions and the most part whom rather Fear than Love doth tye unto the Motions of France will questionless take off the Mask as soon as ever they shall see a considerable Power on foot to protect them France is a Body replete with ill humours which will easily degenerate into an universal Corruption when the French are never so little shaken The Jealousie alone which our Fleet will give them must needs oblige them to employ the better part of their Troops to furnish their Maritime Coasts and consequently render them the weaker every where else Besides it is plain that in this last Campaign in which they thought to swallow all up at a bit they made all the Force that they were able and yet were not able notwithstanding to bring into the Field above Forty thousand men after having drawn out of their Garrisons and the Provision of their Towns all the strength almost that they had there whereby their Frontiers were left naked Judge then to what point they 'l be reduced when they 'l be put both to furnish their Places on all sides and divide their Troops too in Alsatia Italy the County of * or Catalonia Rossillon and Flanders and that in all these Countries they 'l meet with Enemies to fight against as well as a multitude of Male-contents at home no less formidable within the Center of their own proper Bowels For thus they can build no longer upon the strength of their Army which is destroyed very near already by Labour Sickness Diseases and want of Pay Wherefore they must begin anew and with fresh Charges raise more men because the ill usage which their Troops have received doth render them so barren of Souldiers that they are compelled to seek Recruits and as it were beg Supplies with vast sums of Money from other States And this Imaginary Fountain of Treasure of theirs which here is thought to be un-exhaustible will be found to have a bottom when our Fleet doth disturb their Commerce Which is the same thing as our Banquer and Farmers of the Customs the Credit which till then they may get with the Partisans by means of oppressing the People with Tax upon Tax will fail The Men of Business and the Natives being pressed to unsupportable Extremities will quickly either cast off the yoke or sink under the burthen and the weight of those Impositions Their incapacity to hold out any longer is well enough seen by the impossibility wherein they now find themselves to make good what they have promised the Portugueses whose Friendship hath been formerly so necessary unto them And if Spain as 't is hoped that it may do once shall take a Resolution to be delivered of this intestine War with Portugal by some Accommodation the Spaniards will soon be in a Condition of being useful to their Allies and feared by their Enemies But if we do suffer the Designs of France to pass by undiscovered and impunitively to permit them to conquer the Low Countries towards the total oppression of Spain then I cannot but avow that France thus will be most terrible unto us And in case at present we are afraid of drawing their Revenge on our heads then shall we have must juster cause to apprehend the future effects of their Ambition Wherefore at the Bottom of all these Reasons it seems to me that by the same Principle of Apprehension which you have of the French we are obliged to oppose these Progresses of theirs which if not stopped would yet render them more redoubtable If so be that we do fear them in the Field having so many Friends that do tender their Alliance unto us our fear were much more justifiable if after the rejecting of all those Offers we alone were exposed to their mercy or that our moderation could exempt us from their Out-rages but on the contrary rather give the French better Conveniencies of putting these Violences in Execution should such an insipid Counsel prevail for they 'l never consider us farther than we do make our selves Considerable They have printed Books of their Pretensions to England Experience teaches us even to this day that 't is enough with them to ground a War without giving them any other cause of Hostility That we have * Scotland and Ireland Kingdoms belonging to this Monarchy which may very well fit their Designs which is enough to invite the French to attack them whil'st England is weak
Confessor was in private with him and said this Harvy used frequently to come to the Prison after Condemnation and that where one Prisoner died a Protestant many died Papists Mr. Wootten said that after some stay he saw Mr. Harvy come out from Mr. Hubert and then he was admitted to have Speech with him Mr. Cawdry Keeper of Newgate did Inform That Mr. Harvy the Jesuit did frequent the Prison at Newgate about the times of the Execution upon the pretence of the Queens Charity and did spend much time with the Prisoners in private and particularly did so before the last Execution night after night Mr. Cawdry said likewise of the nine that suffered eight died Papists whereof some he knew were Protestants when they came into the Prison It appeared upon several Informations that Mr. Harvy and other Priests did not only resort to Newgate at times of Execution but likewise to the White-Lion in Southwark and other places in the Country and used their endeavours to pervert dying Prisoners Thomas Barnet late a Papist Informed That when he was a Papist and resorted to Gentlemens Houses in Barkshire that were Papists there was almost in every Gentlemans House a Priest and instanced in divers private Gentlemen in that County Others inform the like in Sarrey Mr. Cottman did inform That one Mr. Carpenter late a Preacher at Colledge-hill did in Discourse tell Cottman That the Judgments of God upon this Kingdom by the Plague last year and lately by the Fire in London were come upon this Land and People for their forsaking the true Roman Catholick Religion and shaking off Obedience to the Pope and that if they would return to the Church of Rome the Pope would rebuild the City at his own Charge Carpenter said likewise to Cottman That if he would come and hear him Preach the next Sunday at his House in Queen-street he would give twenty Reasons to prove that the Roman Catholick was the true Religion and his the false and that our Bible had a thousand falsities in it and that there was no true Scripture but at Rome and their Church Carpenter at the Committee confessed that he had formerly taken Orders from the Church of Rome to be a Priest but said he had renounced that Church and taken Orders in England The next thing is the Information of their Insolency and I shall begin with their Scorning and Despising the Bible One Thomas Williams an Officer in Sir William Bowyer 's Regiment Informed That one Ashley a Papist seeing a Woman read in a Bible asked her why she read in that Damnable Presbiterian Bible and said A Play-book was as good Thomas Barnet of Bingfield in Barkshire Informed That being at one Mr. Young's House in Bingfield at Bartholomew-tide last Mr. Young said to the Brother of this Thomas in his hearing That within two Years there should not be a Protestant in England Thomas Barnet Informed further That being at Mr. Doncaster's House in Bingfield one Mr. Thural Son-in-Law to Mr. Doncaster and both Papists said to this Informer who was then likewise a Papist The People take me for a poor fellow but I shall find a thousand or two thousand pounds to raise a party of Horse to make Mr. Hathorns and Mr. Bullocks fat guts lie on the ground for it is no more to kill an Heretick than to kill a Grashopper and that it was happy for him that he was a Catholick for by that means he shall be one that shall be mounted Mr. Linwood Scrivenner in White-Chappel Informed That about the Twentieth of October last meeting with one Mr. Binks a Papist and discoursing with him Binks told him That there was amongst the Papists as a great Design aâ— ever was in England and he thought it would be executed suddenly Being asked how many Papists there were about London He answered About seven thousand and in England an hundred thousand were Armed Mr. Oaks a Physician dwelling in Shadwel Informed That a little after the burning of London one Mr. Carpenter a Minister came to his House in Tower-wharf and spake to him to this purpose I will not say that I am a Papist but this I will say that I had rather die the death of the Papists and that my Soul should be raised with their Resurrection than either to be Presbiterian Independant or Anabaptist and I tell you the Papists have hitherto been his Majesty's best Fortification for when Presbiterians Independants and Anabaptists forsook and opposed him then they stood by him and helped him and he is now resolved to commit himself into their hands And take it upon my word in a short time the Papists will lay you as low as that house pointing to an house that was demolished for they are able to raise Forty thousand men and I believe the next work will be cutting of Throats This was Sworn by Mr. Oaks before Sir John Frederick a Member of the House Mirian Pilkington being present when the Words were spoken doth affirm them all save only those That the King is resolved to commit himself into the Papists hands Those she doth not remember Henry Young a Distiller of Hot-waters informed That about April 1661. being in the Jesuites Colledge in Antwerp one Powel an English Jesuite perswaded him to turn a Roman Catholick and said That if he intended to save his Life and Estate he had best turn so for within seven Years he should see all England of that Religion Young replied That the City of London would never endure it Powel answered That within five or six Years they would break the Power and Strength of London in pieces and that they had been contriving it these twenty Years and that if Young did live he should see it done The said Young did likewise Inform That shortly after his coming into England one Thomson and Copervel both Papists did several times say to him That within five or six Years at the farthest the Roman Catholick Religion should be all over in this Kingdom Jasper Goodwin of Darking in the County of Surrey Informed That about a Month since one Edward Complin a Papist said to him You must all be Papists shortly and that now he was not ashamed to own himself a Roman Catholick and to own his Priest naming two that were in Darkin in the houses of two Papists and likewise said That in twenty four hours warning the Roman Catholicks could raise thirty thousand Men as well armed as any Men in Christendom William Warner of Darking Informed That the said Edward Complin did tell him That the Roman Catholicks in England could in twenty four hours raise thirty thousand Horse and Arms And upon saying so pulled out his Crucifix and Beads and said He was not ashamed of his Religion John Grawnger of Darking Informed that about a Year since being in his House reading the Bible one Thomas Collins a Papist said to him Are you still a Church-goer Had you not better turn Roman Catholick If you stay till you
are forced none will abide you And said further That there was a Man beyond sea had prophesied That in sixty six if the King did not settle the Romish Religion in England he would be banished out of the Kingdom and all his Posterity And Collins further said That he being lately turned a Roman Catholick he would not be a Protestant for all the World He wished Graunger again in the hearing of his Wife which he affirmed to the Committee to turn his Religion for all the said Prophesie would come to pass in Sixty six Robert Holloway of Darking aforesaid informed That one Stephen Griffin a Papist said to him That all the bloud that had been shed in the late civil War was nothing to that which would be shed this year in England Holloway demanded a reason for these words in regard the Kingdom was in peace and no likelihood of trouble and said Do you Papists intend to rise and cut our throats when we are asleep Griffin answered That 's no matter if you live you shall see it Ferdinand de Massido a Portuguese and some Years since a Romish Priest but turning Protestant Informed That one Father Taff a Jesuite did the last year tell him at Paris That if all England did not return to the Church of Rome they should all be destroyed the next Year Mr. Samuel Cottman of the Middle-Temple Barister Informed That about two Years since one Mr. Jeviston a Popish Priest and called by the Name of Father Garret did perswade him to turn Papist and he should want neither Profit nor Preferment Mr. Cottman objected that he intended to practise the Law which he could not do if he turned Papist because he must take the Oath of Supremacy at his being called to the Bar and if he were a Papist he must not take it Mr. Jeviston replied Why not take the Oath It is an unlawful Oath and void ipso facto And after some pause said further First take the Oath and then I will convert you He said further The King will not own ' himself to be Head of the Church And said further You in England that set up the Dutch to destroy our Religion shall find that they shall be the Men to PULL DOWN YOURS Mr. Stanley an Officer to the Duke of Ormond in Ireland Informed That coming out of Ireland with one Oriel who owned himself of the Order of the Jesuites and commissioned from the Pope to be Lord Primate of Ireland and Archbishop of Armah and falling into some Discourse with him he told him That there had been a Difference between him and some other of the Jesuites in Ireland and that part of the Occasion was that one Father Walsh and some other of the Jesuites there did dispense with the Papists in Ireland to take the Oath of Allegiance and Supremacy by virtue of a standing Commission from the Pope which he had to do it during this King's Life and Oriel thought they ought not to do it by virtue of the standing Commission but should take a new Commission from the Pope every Year to do it And likewise That he brought eight Boys out of Ireland whom he intended to carry to Flanders to breed up in some of the Colledges there And at his taking Shipping to go for Flanders he shaked his Foot towards England terming it Egypt and said He would not return into England till he came with 50 thousand Men at his heels A French Merchant being a Papist living in St. Michael's Lane London writes in a Letter to his Friend That a great number of Men and Arms were ready here if those he wrote to were ready there He being upon the Intercepting of this Letter searched forty Fire-locks were found in his House ready loaden which were carried to Fishmongers-Hall a Month or more before the Fire and he committed to Prison but since released A Poor Woman retaining to one Belson's House a Papist about Darking in Surrey was follicited that she and her husband would turn Roman Catholicks which if they did voluntarily Now they would be accepted of but if they staid a little longer they would be forced whether they would or no and then they would not be esteemed This was deposed before Sir Adam Brown a Member of Parliament A Complaint being made against a Sugar-Baker at Fox-hall his House was searched by Lieutenant Collonel Luntly who found there several Guns with such Locks as no English-man who was at the taking of them could discharge together with Brass Blunderbusses and Fire-works of a furious and burning nature Trial being made of a small part of them the Materials were discerned to be Sulphur Aquavitae and Gun-powder whatever else In a Letter to Sir John Frederick and Mr. Nathanail Heron from Horsham in Sussex the 8th of September 1666. Subscibed Henry Chowne Wherein is mentioned that the said Henry Chowne had thoughts to come to London that week but that they were in Distraction there concerning the Papists fearing they would shew themselves all that day And that he had been to search a Papist's House within six miles of that place He with another Justice of Peace met the Gentleman's Brother who is a Priest going to London whom they searched and found a Letter about him which he had received that Morning from his Sister twenty miles off from him wherein is expressed That a great Business is in hand not to be committed to Paper as the times be Your Committee have thought fit to give no Opinion upon these Informations but leave the matter of Fact to your Judgments I am commanded to tell you That your Committee have several other things of this nature under their Inquiry AS a further Instance of the audacious and insolent Behaviour of these Popish Recusants take the following Copy of Verses made and then scattered abroad by some of their Party in Westminster-Hall and several other places about the City and elsewhere in the Kingdom COvre la feu ye Hugonots That have so branded us with Plots And henceforth no more Bonfires make Till ye arrive the Stygian Lakeâ— For down ye must ye Hereticks For all your hopes in sixty six The hand against you is so steady Your Babylon is faln already And if you will avoid that hap Return into your Mothers lap The Devil a Mercy is for those That Holy Mother-Church oppose Let not your Clergy you betray Great Eyes are ope and see the way Return in time if you will save Your Souls your Lives or ought you have And if you live till sixty seven Confess you had fair Warning given Then see in time or ay be blind Short time will shew you what 's behind Dated the 5th Day of November in the Year 1666. and the First Year of the Restoration of the Church of Rome in England NOt long after the Burning of London Mr. Brook Bridges a young gentleman of the Temple as he was going to attend Divine Service in the Temple-Church in a Pew there
by certain Noblemen and others of our Kingdom of Ireland suggesting Disorders and Abuses as well in the Proceedings of the late begun Parliament as in the Martial and Civil Government of the Kingdom We did receive with extraordinary Grace and Favour And by another Proclamation in the 12th year of his Reign Procl 12 Jac. he declares That it was the Right of his Subjects to make their immediate Addresses to him by Petition and in the 19th year of his Reign he invites his Subjects to it And in the 20th year of his Reign Procl Dat. 10 July 19. Jac. Procl Dat. 14. Feb. 20. Jac. he tells his People that his own and the Ears of his Privy Council did still continue open to the just Complaints of his People and that they were not confined to Times and Meetings in Parliament nor restrained to particular Grievances not doubting but that his loving Subjects would apply themselves to his Majesty for Relief to the utter abolishing of all those private whisperings and causless Rumors which without giving his Majesty any Opportunity of Reformation by particular knowledge of any Fault serve to no other purpose but to occasion and blow abroad Discontentment It appears Lords Journ Anno 1640. that the House of Lords both Spiritual and Temporal Nemine contradicente Voted Thanks to those Lords who Petitioned the King at York to call a Parliament And the King by his Declaration Printed in the same year Declar. 1644. declares his Royal Will and Pleasure That all his Loving Subjects who have any just cause to present or complain of any Grievances or Oppressions may freely Address themselves by their humble Petitions to his Sacred Majesty who will graciously hear their Complaints Since his Majesty's happy Restauration Temp. Car. 2. the Inhabitants of the County of Bucks made a Petition That their County might not be over-run by the Kings Deer and the same was done by the County of Surry on the same Occasion 'T is time for me to conclude your trouble I suppose you do no longer doubt but that you may joyn in Petition for a Parliament since you see it has been often done heretofore nor need you fear how many of your honest Countreymen joyn with you since you hear of Petitions by the whole Body of the Realm and since you see both by the Opinions of our Lawyers by the Doctrine of our Church and by the Declarations of our Kings That it is our undoubted Right to Petition Nothing can be more absurd than to say That the number of the Supplicants makes an innocent Petition an Offence on the contrary if in a thing of this Publick concernment a few only should address themselves to the King it would be a thing in it self ridiculous the great end of such Addresses being to acquaint him with the general desires of his People which can never be done unless multitudes joyn How can the Complaints of the diffusive Body of the Realm reach his Majesty's Ears in the absence of a Parliament but in the actual concurrence of every individual Person in Petition for the personal application of multitudes is indeed unlawful and dangerous Give me leave since the Gazette runs so much in your mind Stat. 13. Car. 2. c. 5. to tell you as I may modestly enough do since the Statute directs me what answer the Judges would now give if such another Case were put to them as was put to the Judges 2 Jacobi Suppose the Nonconformists at this day as the Puritans then did should sollicite the getting of the hands of Multitudes to a Petition to the King for suspending the Execution of the Penal Laws against themselves the present Judges would not tell you that this was an Offence next to Treason or Felony nor that the Offenders were to be brought to the Council-board to be punished but they would tell you plainly and distinctly That if the hands of more Persons than twenty were solicited or procured to such a Petition and the Offenders were convicted upon the Evidence of two or more credible Witnesses upon a Prosecution in the Kings-bench or at the Assizes or Quarter Sessions within six Months they would incur a Penalty not exceeding a 100 l. and three Months Imprisonment because their Petition was to change a matter establisht by Law But I am sure you are a better Logician than not to see the difference which the Statute makes between such a Petition which is to alter a thing establisht by Law and an innocent and humble Petition That a Parliament may meet according to Law in a time when the greatest Dangers hang over the King the Church and the State The Right Honourable the Earl of Shaftsbury 's Speech in the House of Lords March 25. 1679. My Lords YOU are appointing of the Consideration of the State of England to be taken up in a Committee of the whole House some day next Week I do not know how well what I have to say may be received for I never study either to make my Court well or to be Popular I always speak what I am commanded by the Dictates of the Spirit within me There are some other Considerations that concern England so nearly that without them you will come far short of Safety and Quiet at Home We have a little Sister and she hath no Breasts what shall we do for our Sister in the day when she shall be spoken for If she be a Wall we will build on her a Palace of Silver if she be a Door we will inclose her with Boards of Cedar We have several little Sisters without Breasts the French Protestant Churches the two Kingdoms of Ireland and Scotland The Foreign Protestants are a Wall the only Wall and Defence to England upon it you may build Palaces of Silver glorious Palaces The Protection of the Protestants abroad is the greatest Power and Security the Crown of England can attain to and which can only help us to give Check to the growing Greatness of France Scotland and Ireland are two Doors either to let in Good or Mischief upon us they are much weakened by the Artifice of our cunning Enemies and we ought to inclose them with Boards of Cedar Popery and Slavery like two Sisters go hand in hand sometimes one goes first sometimes the other in a doors but the other is always following close at hand In England Popery was to have brought in Slavery in Scotland Slavery went before and Popery was to follow I do not think your Lordships or the Parliament have Jurisdiction there It is a Noble and Ancient Kingdom they have an illustrious Nobility a Gallant Gentry a Learned Clergy and an Understanding Worthy People but yet we cannot think of England as we ought without reflecting on the Condition therein They are under the same Prince and the Influence of the same Favourites and Councils when they are hardly dealt with can we that are the Richer expect better usage for 't is
King make unto him certain propositions for taking away some heavy Taxes that had been imposed on them by his Father Solomon which he refusing to gratifie them in and following the Advice of Young Men Ten of the twelve Tribes immediately chose Jeroboam a Servant of Rehoboham's a meer Stanger and of mean Parentage and made him their King and God approved thereof as the Scriptures in express Words do testifie For when Rehoboam had raised an Army of One hundred and fourscore thousand Men intending by force of Arms to have justified his Claim God appeared unto Semaiah and commanded him to go to Rehoboam and to the House of Jadah and Benjamin saying Return every man to his house for this thing is of me saith the Lord. So that since God did permit and allow this in his own Commonwealth which was to be the Pattern for all others no doubt he will approve the same in other Kingdoms whenever his Service and Glory or the Happiness of the Weal-publick shall require it The next instance I shall give you shall be in Spain where Don Alonso de la Cerda having been admitted Prince of Spain in his Father's life-Life-time according to the Custom of that Realm married Blanoha Daughter of Lewis the First King of France and had by her two Sons Named Alonso and Hernando de la Cerda but their Father who was only Prince dying before Alonso the Ninth then King he recommended them to the Realm as lawful Heirs apparent to the Crown But Don Sancho their Fathers Younger Brother who was a great Warrier and Sirnamed El Bravo was admitted Prince and they put by in their Grandfathers Life-time by his and the States Consent and this was done at a Parliament held at Sagovia in the Year 1276. And in the Year 1284 Alonso the Ninth being dead Don Sancho was aknowledg'd King and the Two Princes Imprisoned but at the Mediation of Philip the Third King of France their Unkle they were set free and Endowed with considerable Revenues in Land and from them do descend the Dukes De Medina Celi at this Day and the present King of Spain that is in Possession descendeth from Don Sancho In France Lewis the Fourth had Two Sons Lothairin who succeeded him and Charles whom he made Duke of Lorrain Lothairin dying left an only Son named Lewis who dying without Issue after he had reigned Two Years the Crown was to have descended on his Unkle Charles Duke of Lorrain But the States of France did exclude him and chose Hugo Capetus Earl of Paris for their King and in an Oration made by their Embassadour to Charles of Lorrain did give an Account of their Reasons for so doing as it is related by Belforest a French Historian in these very words Every Man knoweth Lord Charles that the Sucession of the Crown and Kingdom of France according to the ordinary Rights and Laws of the same belongeth unto you and not unto Hugh Capet now our King But yet the same Laws which do give unto you such Right of Succession do judge you also unworthy of the same for that you have not endeavoured hitherto to frame your Life according to the Prescript of those Laws nor according to the Use and Custom of the Kingdom of France but rather have allied your self with the Germans our old Enemies and have accustomed your self to their vile and base Manners Wherefore since you have abandoned and forsaken the ancient Virtue Amity and Sweetness of your Countrey your Countrey has also abandoned and forsaken you for we have chosen Hugh Capet for our King and have put you by and this without any Scruple in our Consciences at all esteeming it for better and more just to live under Hugh Capet the possessor of the Crown with enjoying the ancient use of our Laws Customs Privileges and Liberties than under you the next Heir by Blood in Oppressions strange Customs and Cruelty For as they who are to make a Voyage in a Ship on a dangerous Sea do not so much respect whether the Pilot claims Title to the Ship or no but rather whether he be skilful valiant and like to bring them in safety to their ways end even so our principal care is to have a good Prince to lead and guide us happily in this way of Civil and Politick Life which is the end for which Princes are appointed And with this Message ended his Succession and Life he dying not long after in Prison And now I shall come home and give you an Instance or two in England since the Conquest and so conclude William Rufus second Son of William the Conqueror by the assistance of Lanfrank Archbishop of Canterbury who had a great opinion of his Virtue and Probity was admitted King by the consent of the Realm his elder Brother Robert Duke of Normandy being then in the War at Jerusalem William dying his younger Brother Henry by his ingenuity and fair carriage and by the assistance of Henry Earl of Warwick who had greatest interest in the Nobility and Maurice Bishop of London a leading-man amongst the Clergy obtained also the Crown And Robert Duke of Normandy was a second time excluded And though this King Henry could pretend no other Title to the Crown than the Election and Admission of the Realm yet he defended it so well and God prosper'd him with success that when his elder Brother Robert came to claim the Kingdom by force of Arms he beat him in a pitch'd-Battel took him Prisoner and so he died miserable in Bonds King Henry had one only Daughter named Maud or Matilda who was married to the Emperor and he dying without Issue she was afterwards married to Geofry Plantagenet Earl of Anjou in France by whom she had a Son named Henry whom his Grandfather declared Heir-apparent to the Crown in his Life-time yet after his Death Henry was excluded and Stephen Earl of Bulloine Son of Adela Daughter of William the Conqueror was by the States thought more fit to Govern than Prince Henry who was then but a Child And this was done by the perswasion of Henry Bishop of Winchester and at the solicitation of the Abbot of Glastenbury and others who thought they might do the same lawfully and with a good Conscience for the publick Good of the Realm But the Event did not prove so well as they intended for this occasioned great Factions and Divisions in the Kingdom for the quieting of which there was a Parliament held at Wallingford which passed a Law That Stephen should be King only during his Life and that Prince Henry and his Off-spring should succeed him and by the same Law debarred William Son of King Stephen from inheriting the Crown and only made him Earl of Norfolk Thus did the Parliament dispose of the Crown in those days which was in the year 1153 which sufficiently proves what I have asserted The sum of all I have said amounts to this That Government in general is by the Law of
keeping Watch since the Plot hath cost the City above 100000 l. The City of London is the Bulwark of our Religion And is it not said the Duke is at the head of 30 or 40000 men The Lieutenancy and Justices how are they molded for his turn And if you do nothing now in this House we must all without any more ado try to make a Peace with him as well as we can I 'll never do it And will you for the sake of one man destroy three Kingdoms An Highth He moved that the Representation might declare That we see no Security but removing the Duke of York A Ninth We discoursing of Tangier at this time is like Nero's Fiddling whilst Rome was consuming by Fire If it be in a good condition we cannot help it if in a bad one we are not in a posture to do it Pray consider the condition by what 's past when King Henry the Eighth was for Supremacy the Kingdom was for it when King Henry the Eighth was against it the Kingdom was against it When King Edward the Sixth was a Protestant the Kingdom was so when Queen Mary was a Papist the Kingdom was so when Queen Elizabeth was a Protestant the Kingdom so again Regis ad exemplum c. And I believe even in King Edward the Sixth's time the Bishops themselves would not have been for throwing out such a Bill as this And if King Edward had promised any thing for the preservation of the Protestant Religion so that Mary might succeed the Pope would no way have contrived so great a Favour The bidding us prevent Popery and the letting alone a Popish Successor is as if a Physician should come to a man in a Pleurisie and tell him he may make use of any Remedies but letting of Blood the Party must perish that being the only Cure I am not at present for giving of Money that being to the State as Food to the Stomach if that be clean meat turns to good Nourishment but if it be out of order it breeds Diseases And so it is in the State if that be not in order too We have been often deceived and by the same men again Was not 200000 l. given for the Fleet in 74 and was any of it employed that way Money given for an actual War with France employed for a dishonourable Peace Never so many Admirals and so few Ships to guard us never more Commissioners of the Treasury and so little Money never so many Counsellors and so little Safety Let us address His Majesty A Tenth I 'll never be for giving of Money for promoting Popery and a Successor a publick Enemy to the Kingdom and a Slave to the Pope Whilst he hath 11 to 7 in the Council and 63 to 31 in the House of Lords we are not secure And if my own Father had been one of the 63 I should have voted him an Enemy to the King and Kingdoms and if we cannot live Protestants I hope we shall dye so The Eleventh Redress our Grievances first and then and not till then Money Tangier never was nor will be a place of Trade Tituan and Sally so near they will never trade with us to destroy themselves and can never be for our Advantage And I have many years wonder'd at the Council that have been for the keeping of it and am of opinion that Popery may be aimed at by it and that our Councils are managed at Rome from whence I saw a Letter from a Friend dated the 21th of October with the Heads of the King's Speech in it to this effect That His Majesty would command them not to meddle with the Succession That he would ask no Money That he would stand upon the Confirmation of the Lord Danby's Pardon and That the keeping of Tangier was to draw on Expences and was it not would be for the blowing of it up Twelfth I am for a Representation Thirteenth I remember before the last Session of Parliament there was a Council held at Lambeth and there hatched a Bill against Popery It was for the breeding of Children of a Popish Successor which admitted the thing and it was called a Bill against Popery but we called it the Popish Bill I am for the Church of England but not for the Church-men of the late Bishop of St. Asaph on his Death-bed good man could hardly forbear declaring himself which his Epitaph did Ora pro Anima ordered to be written upon his Tomb. We are told the other day we ought to make the Duke a Substantive to stand by himself That there was less danger of a General without an Army than an Army without a General And I have read in Pliny which was most to be feared an Army of Lyons with an Hare to their General or an Army of Hares with a Lyon to their General and it was concluded that an Army of Hares with a Lyon to their General was most to be feared of the two His Majesty is inclosed by a sort of Monsters who endeavour to destroy and I hope to move against them before we rise and though we have lost our last Bill we have not lost our Courage and Hearts Fourteenth His Majesty desires your Advice and Assistance it is seldom which is very kind and though you shall think fit not to give the latter it 's but mannerly to give the first And I hope you will not resent any Injury if any there were done by the House of Lords on the King who though he cannot cure all ill in one day he can ruine all And I acquaint you there is a very great Weight laid upon this Session of Parliament and upon the agreeing of the King with the People on which depends the Welfare of the Protestants abroad and hope you will not go about to Remonstrate now Fifteenth If you had sent the Duke's Lord Craven's and Mulgrave's Regiment to Tangier it would supply the Place with Men and Disband the Lord Oxford's Regiment and the Money on those imployed would bear much of the share of this Then the House Resolved to appoint a Committee to draw up an Address upon the Debate of this House to represent His Majesty the State and Condition of the Kingdom in Answer to His Majesties Message about Tangier The SPEECHES of several Learned and Worthy Members of the Honourable House of Commons for Passing the Bill against the Duke of York Mr. Speaker THE Gentleman that spoke last seems to intimate that we ought to have a due regard to the Kings Brother and consider what infinite disadvantages will accrew to us if we are too hasty in our Resolutions as before the Duke is found guilty to proceed to pass a Bill for Exclusion for that nothing but War and Bloodshed can be expected from it therefore he says we ought to be moderate and find out a Medium to secure the Protestant Religion notwithstanding the Duke may be a Papist Now Gentlemen I give you the Dictates of my
to have been perverted from the Protestant to the Popish Religion whereby not only great Encouragement hath been given to the Popish Party to enter into and carry on most Devilish and Horrid Plots and Conspiracies for the Destruction of His Majesties Sacred Person and Government and for the Extirpation of the True Protestant Religon But also if the said Duke should succeed to the Imperial Crown of this Realm nothing is more manifest than that a Total Change of Religion within these Kingdoms would ensue For the Preservation whereof Be it Enacted by the King 's Most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That the said James Duke of York shall be and is by the Authority of this present Parliament Excluded and made for ever uncapable to Inherit Possess or Enjoy the Imperial Crown of this Realm and of the Kingdoms of Ireland and the Dominions and Territories to them or either of them belonging or to have exercise or enjoy any Dominion Power Jurisdiction or Authority in the same Kingdoms Dominions or any of them And be it further Enacted by the Authority aforesaid That if the said James Duke of York shall at any time hereafter challenge claim or attempt to possess or enjoy or shall take upon him to use or exercise any Dominion Power or Authority or Jurisdiction within the said Kingdoms or Dominions or any of them as King or Chief Magistrate of the same That then he the said James Duke of York for every such Offence shall be deemed and adjudged guilty of High Treason and shall suffer the Pains Penalties and Forfeitures as in case of High Treason And further That if any Person or Persons whatever shall assist or maintain abett or willingly adhere unto the said James Duke of York in such challenge claim or attempt or shall of themselves attempt or endeavour to put or bring the said James Duke of York into the Possession or Exercise of any Regal Power Jurisdiction or Authority within the Kingdoms and Dominions aforesaid or shall by Writing or Preaching advisedly publish maintain or declare That he hath any Right Title or Authority to the Office of King or Chief Magistrate of the Kingdoms and Dominions aforesaid that then every such Person shall be deemed and adjudged guilty of High Treason and that he suffer and undergo the Pains Penalties and Forfeitures aforesaid And be it further Enacted by the Authority aforesaid That he the said James Duke of York shall not at any time from and after the Fifth of November 1680 return or come into or within any of the Kingdoms or Dominions aforesaid And then he the said James Duke of York shall be deemed and adjudged guilty of High Treason and shall suffer the Pains Penalties and Forfeitures as in case of High Treason And further That if any Person or Persons whatsoever shall be aiding or assisting unto such Return of the said James Duke of York That then every such Person shall be deemed and adjudged guilty of High Treason and shall suffer as in Cases of High Treason And be it further Enacted by the Authority aforesaid That he the said James Duke of York or any other Person being guilty of any of the Treasons aforesaid shall not be capable of or receive Benefit by any Pardon otherwise than by Act of Parliament wherein they shall be particularly named and that no Nole prosequi or Order for stay of Proceedings shall be received or allowed in or upon any Indictment for any of the Offences mentioned in this Act. And be it further Enacted and Declared And it is hereby Enacted and Declared That it shall and may be lawful to and for any Magistrates Officers and other Subjects whatsoever of these Kingdoms and Dominions aforesaid and they are hereby enjoyned and required to apprehend and secure the said James Duke of York and every other Person offending in any of the Premisses and with him or them in case of Resistance to fight and him or them by Force to subdue For all which Actings and for so doing they are and shall be by virtue of this Act saved harmless and indemnified Provided and it is hereby Declared That nothing in this Act contained shall be construed deemed or adjudged to disenable any other Person from inheriting and enjoying the Imperial Crown of the Realms and Dominions aforesaid other than the said James Duke of York But that in case the said James Duke of York should survive his now Majesty and the Heirs of his Majesty's Body The said Imperial Crown shall descend to and be enjoyed by such Person or Person successarily during the Life of the said James Duke of York as should have inherited and enjoyed the same in case the said James Duke of York were naturally dead any thing contained in this Act to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That during the Life of the said James Duke of York this Act shall be given in charge at every Assizes and General Sessions of the Peace within the Kingdoms Dominions and Territories aforesaid and also shall be openly Read in every Cathedral Church and Parish Church and Chappels within the aforesaid Kingdoms Dominions and Territories by the several respective Parsons Vicars Curates and Readers thereof who are hereby required immediately after Divine Service in the Fore-noon to read the same twice in every year that is to say on the 25th of December and upon Easter-day during the Life of the said James Duke of York This BILL was Read Three Times and Passed and sent up to the Lords for their Concurrence Some particular Matters of Fact relating to the Administration of Affairs in Scotland under the Duke of LAUDERDALE Humbly offered to Your Majesty's Consideration in Obedience to Your Royal Commands 1. THE Duke of Lauderdale did grosly misrepresent to your Majesty the Condition of the Western Countries as if they had been in a state of Rebellion though there had never been any opposition made to your Majesty's Authority nor any Resistance offered to your Forces nor to the execution of the Laws But he purposing to abuse your Majesty that so he might carry on his sinistrous Designs by your Authority advised your Majesty to raise an Army against your peaceable Subjects at least did frame a Letter which he sent to your Majesty to be signed by your Royal Hand to that effect which being sent down to your Council Orders was thereupon given out for raising an Army of Eight or Nine thousand men the greatest part whereof were Highblanders and notwithstanding that to avert threatning the Nobility and Gentry of that Country did send to Edenburgh and for the security of the Peace did offer to engage that whatsoever should be sent to put the Laws in execution should meet with no affront and that they would become Hostages for their safety yet
said Report Resolved Nemine contradicente THat Richard Thompson Clerk hath publickly defamed his Sacred Majesty preached Sedition vilified the Reformation promoted Popery by asserting Popish Principles decrying the Popish Plot and turning the same upon the Protestants and endeavoured to subvert the Liberty and Property of the Subject and the Rights and Privileges of Parliament and that he is a Scandal and Reproach to his Function And that the said Richard Thompson be impeached upon the said Report and Resolution of the House And a Committee is appointed to prepare the said Impeachment and to receive further Instructions against him and to send for Persons Papers and Records Articles of Impeachment of Sir William Scroggs Chief Justice of the Court of King ' s-Bench by the Commons in this present Parliament Assembled in their own Name and in the Name of all the Commons of England of High-Treason and other great Crimes and Misdemeanors I. THat he the said Sir William Scroggs then being Chief Justice of the Court of King's Bench hath traiterously and wickedly endeavoured to subvert the Fundamental Laws and the Establisht Religion and Government of this Kingdom of England and instead thereof to introduce Popery and an Arbitrary and Tyrannical Government against Law which he has declared by divers Traiterous and Wicked Words Opinions Judgments Practices and Actions II. That he the said Sir William Scroggs in Trinity Term last being then Chief Justice of the said Court and having taken an Oath duly to Administer Justice according to the Laws and Statutes of this Realm in pursuance of his said Traiterous Purposes did together with the rest of the said Justices of the same Court several days before the end of the said Term in an Arbitrary manner discharge the Grand Jury which then served for the Hundred of Oswaldston in the County of Middlesex before they had made their Presentments or had found several Bills of Indictment which were then before them whereof the said Sir William Scroggs was then fully informed and that the same would be tendered to the Court upon the last day of the said Term which day then was and by the known Course of the said Court hath always heretofore been given unto the said Jury for the delivering in of their Bills and Presentments by which sudden and illegal Discharge of the said Jury the Course of Justice was stopt maliciously and designedly the Presentments of many Papists and other Offenders were obstructed and in particular a Bill of Indictment against James Duke of York for absenting himself from Church which was then before them was prevented from being proceeded upon III. That whereas one Henry Carr had for some time before Publish'd every week a certain Book Intituled The weekly Packet of advice from Rome Or the History of Popery wherein the Superstitions and Cheats of the Church of Rome were from time to time exposed he the said Sir William Scroggs then Chief Justice of the Court of King's Bench together with the other Judges of the said Court before any Legal Conviction of the said Carr of any Crime did in the same Trinity Term in a most Illegal and Arbitrary manner make and cause to be entred a certain Rule of that Court against the Printing of the said Book in Haec Verba Dies Mercurii proxime post tres Septimanas Sanctae Trinitatis Anno 32 Car. II. Regis ORdinatum est quod Liber intitulat ' The weekly Packet of Advice from Rome Or The History of Popery Non ulterius imprimatur vel publicetur per aliquam personam quamcunque Per Cur ' And did cause the said Carr and divers Printers and other Persons to be served with the same which said Rule and other Proceedings were most apparently contrary to all Justice in Condemning not only what had been written without hearing the Parties but also all that might for the future be written on that Subject A manifest countenancing of Popery and discouragement of Protestants an open Invasion upon the Right of the Subject and an encroaching and assuming to themselves a Legislative Power and Authority IV. That he the said Sir William Scroggs since he was made Chief Justice of the King 's Bench hath together with the other Judges of the said Court most notoriously departed from all Rules of Justice and Equality in the Imposition of Fines upon Persons convicted of Misdemeanours in the said Court and particularly in the Term of Easter last past did openly declare in the said Court in the Case of one Jessop who was convicted of Publishing False News and was then to be sined That he would have regard to Persons and their Principles in imposing of Fines and would set a Fine of 500 l. on one Person for the same Offence for the which he would not Fine another 100 l. And according to his said Unjust and Arbitrary Declaration he the said Sir Will. Scroggs together with the said other Justices did then impose a Fine of 100 l. upon the said Jessop although the said Jessop had before that time proved one Hewit to be convicted as Author of the said false News and afterwards in the same Term did fine the said Hewit upon his said Conviction only five Marks Nor hath the said Sir Will. Scroggs together with the other Judges of the said Court had any regard to the Nature of the Offences or the Ability of the Persons in the imposing of Fines but have been manifestly partial and favourable to Papists and Persons affected to and promoting the Popish Interest in this time of imminent Danger from them And at the same time have most severely and grievously oppressed his Majesty's Protestant Subjects as will appear upon view of the several Records of Fines set in the said Court By which arbitrary unjust and partial Proceedings many of his Majesty's Liege People have been ruined and Popery countenanced under colour of Justice and all the Mischiefs and Excesses of the Court of Star-Chamber by Act of Parliament suppressed have been again in direct opposition to the said Law introduced V. That he the said Sir Will. Scroggs for the further accomplishing of his said traiterous and wicked Purposes and designing to subject the Persons as well as the Estates of his Majesty's Liege People to his lawless Will and Pleasure hath frequently refused to accept of Bail though the same were sufficient and legally tendered unto him by many Persons accused before him only of such Crimes for which by Law Bail ought to have been taken and divers of the said Persons being only accused of Offences against himself declaring at the same time That he refused Bail and committed them to Gaol only to put them to Charges and using such furious Threats as were to the terrour of his Majesty's Subjects and such scandalous Expressions as were a dishonour to the Government and to the Dignity of his Office And particularly That he the said Sir Will. Scroggs did in the Year 1679 commit and detain in Prison in such
unlawful manner among others Henry Carr George Broome Edw. Berry Benj. Harris Francis Smith Sen. Francis Smith Jun. and Jane Curtis Citizens of London Which Proceedings of the said Sir Will. Scroggs are a high Breach of the Liberty of the Subject destructive to the Fundamental Laws of this Realm contrary to the Petition of Right and other Statutes and do manifestly tend to the introducing of Arbitrary Power VI. That he the said Sir Will. Scroggs in further Oppression of his Majesty's Liege People hath since his being made Chief Justice of the said Court of Kings Bench in an Arbitrary manner granted divers general Warrants for Attaching the Persons and Seizing the Goods of his Majesty's Subjects not named or described particularly in the said Warrants By means whereof many of his Majesty's Subjects have been vexed their Houses entered into and they themselves grievously oppressed contrary to Law VII Whereas there hath been a Horrid and Damnable Plot contrived and carried on by the Papists for the Murthering the King the Subversion of the Laws and Government of this Kingdom and for the Destruction of the Protestant Religion in the same All which the said Sir William Scroggs well knew having himself not only Tried but given Judgment against several of the Offenders nevertheless the said Sir Will. Scroggs did at divers times and places as well sitting in Court as otherwise openly Defame and Scandalize several of the Witnesses who had proved the said Treasons against divers of the Conspirators and had given Evidence against divers other Persons who were then untried and did endeavour to disparage their Evidence and take off their Credit whereby as much as in him lay he did traiterously and wickedly suppress and stifle the Discovery of the said Popish Plot and Encourage the Conspirators to proceed in the same to the great and apparent Danger of his Majesty's Sacred Life and of the well-established Government and Religion of this Realm of England VIII Whereas the said Sir William Scroggs being advanced to be Chief Justice of the Court of King's Bench ought by a sober grave and vertuous Conversation to have given a good Example to the King's Liege People and to demean himself answerable to the Dignity of so Eminent a Station yet he the said Sir William Scroggs on the contrary by his frequent and notorious Excesses and Debaucheries and his Prophane and Atheistical Discourses doth daily affront Almighty God dishonour his Majesty give countenance and incouragement to all manner of Vice and Wickedness and bring the highest scandal on the publick Justice of the Kingdom All which Words Opinions and Actions of the said Sir William Scroggs were by him spoken and done traiterously wickedly falsly and maliciously to alienate the Hearts of the King's Subjects from his Majesty and to set a Division between him and them and to subvert the Fundamental Laws and the Establisht Religion and Government of this Kingdom and to Introduce Popery and an Arbitrary and Tyrannical Government and contrary to his own knowledge and the known Laws of the Realm of England and thereby he the said Sir William Scroggs hath not only broken his own Oath but also as far as in him lay hath broken the King Oath to his People whereof he the said Sir William Scroggs representing his Majesty in so high an Office of Justice had the Custody for which the said Commons do Impeach him the said Sir William Scroggs of the High-Treason against our Sovereign Lord the King and his Crown and Dignity and other the High Crimes and Misdemeanours aforesaid And the said Commons by Protestation saving to themselves the Liberty of Exhibiting at any time hereafter any other Accusation or Impeachment against the said Sir William Scroggs and also of Replying to the Answer that he shall make thereunto and of Offering proofs of the Premises or of any other Impeachments or Accusations that shall be by them exhibited against him as the Case shall according to the Course of Parliament require Do pray that the said Sir Will. Scroggs Chief Justice of the Court of King's Bench may be put to Answer to all and every the Premises and may be committed to safe Custody and that such Proceedings Examinations Tryals and Judgments may be upon him had and used as is agreeable to Law and Justice and the Course of Parliaments Resolved That the said Sir William Scroggs be Impeached upon the said Articles The Humble Petition of the Right Honourable the Lord Mayor Aldermen and Commons of the City of London in Common-Council Assembled on the Thirteenth of January 1680. To the King 's most Excellent Majesty for the Sitting of this present Parliament Prorogu'd to the Twentieth Instant Together with the Resolutions Orders and Debates of the said Court Commune Concil ' tent ' in Camera Guildhall Civitatis London Die Jovis decimo tertio die Januarii Anno Domini 1680. Annoque Regni Domini nostri Carol ' Secundi nunc Regis Angl ' c. Tricesimo secundo coram Patient ' Ward Mil ' Major ' Civitatis London Thoma Aleyn Mil ' Bar ' Johanne Frederick Mil ' Johanne Lawrence Mil ' Georgio Waterman Mil ' Josepho Sheldon Mil ' Jacobo Edwards Mil ' Roberto Clayton Mil ' Aldermannis Georgio Treby Ar ' Recordatore dictae Civit ' Johanne Moore Mil ' Willielmo Pritchard Mil ' Henrico Tulse Mil ' Jacobo Smith Mil ' Roberto Jeffery Mil Johanne Shorter Mil ' Thoma Gould Mil ' Willielmo Rawsterne Mil ' Thoma Beckford Mil ' Johanne Chapman Mil ' Simone Lewis Mil ' Thoma Pilkington Ar ' Ald'ris Henrico Cornish Ar ' Ald'ro ac unum vicecom ' dictae Civitatis necnon Major ' parte Comminarior ' dictae Civitatis in Communi Concil ' tunc ibidem Assemblat ' THis Day the Members that serve for this City in Parliament having communicated unto this Court a Vote or Resolution of the Honourable House of Commons whereby that House was pleased to give Thanks unto this City for their manifest Loyalty to the King their Care Charge and Vigilance for the Preservation of his Majesty's Person and of the Protestant Religion This Court is greatly sensible of the Honour thereby given to this City and do declare That it is the fixt and uniform Resolution of this City to persevere in what they have done and to contribute their utmost Assistance for the Defence of the Protestant Religion His Majesty's Person and the Government Established It was now unanimously Agreed and Ordered by this Court That the Thanks of this Court be given to the Members that serve for this City in Parliament for their good Service done this City and their Faithfulness in discharging their Duties in that Honourable and great Assembly Upon a Petition now Presented by divers Citizens and Inhabitants of this City representing their Fears from the Designs of the Papists and their Adherents and praying this Court to acquaint his Majesty therewith and to desire That the Parliament may sit from the Day
held at Oxford March 21 1680. HE was certainly no Fool that first said Parliaments were the Pulse of the People 'T is from thence Wise State-Physitians take their Diagnosticks What Sentiments our late Parliament had of our Modern Affairs is obvious in their Printed Votes and Addresses Nor will it be less plain what is the Common Sense of the Body of the People in this Juncture of iminent Danger if the Unanimous Addresses from so many considerable parts of England be regarded No sooner was the late Parliament surprizingly Prorogued Jan. 10. 1680 1 in the very Crisis of Business and when they had so many excellent Bills before them and had made so hopful a Progress in unvailing the horrid Popish Plot which still like an Ill Spright haunts and Night-mares us and in bringing Criminals to Justice but presently the whole Nation was startled and forthwith as Convulsions are first perceived in the Head the same Day a considerable Number of Eminent Citizens of London Presented the following Address to their Major To the Right Honourable Sir Patience Ward Knight Lord Mayor of the City of London WE the Citizens of the said City on behalf of our selves and others our Fellow Citizens being very apprehensive of the great and iminent Dangers that this Metropolis and the whole Protestant Intrest are expos'd to by the Horrid and Devilish Designs of the Papists and their Adherents And being sensible that they are increas'd and heightned by the Surprizing Prorogation of this present Parliament do most humbly recommend to your Lordship the Particulars hereunder mentioned I. That your Lordship will be pleased to cause the several Watches of this City to be doubled this Night and so to continue and cause some House-keepers to watch in person and a sufficient Ward to be kept by Day II. To cause the several Chains in the several Streets of this City to be put up this Night and so to continue III. That your Lordship will be pleas'd to keep the Keys of the several Gates of this City this Night and so to continue IV. To cause the several Gates of this City to be kept Lock'd up every Lord's Day and permit the several Wicket-Doors only to be opened V. That your Lordship will not permit any Body of Armed Souldiers greater or less other than the Trained Bands of this City to march through any part of the same VI. That your Lordship will forthwith Order a Meeting of the Common Council of this City Which his Lordship was pleased favourably to receive and read and then gave the Gentlemen answer That he was very apprehensive of the Danger of this City and had done something already to have full Watches and intended to go out himself to see that they were kept and assured them that he would seriously consider their Desires and take all the care that lay in him to prevent the Danger that so threatned them The very same day and before it was possible the news or thoughts of any Prorogation could reach so far the Grand Jury of Shropshire in the name and behalf of themselves and that whole County thought fit to express their hearty Concurrence with and thanks to the then House of Commons for their Zealous Proceedings against the most Dangerous Popish Interest in the Termes following To the Honourable Ric. Newport Esq and Sir Vincent Corbet Bar. Knights of the Shire in this present Parliament for the County of Salop Jan. 10. 1680. WHereas the Honorable the Commons in this Parliament assembled have to the great satisfaction of the Nation caused their Votes to be published thereby letting the Kingdom know the Candour and Integrity of their Proceeding which they desire may be examined in the face of the Sun but fully satisfying us with what Wisdom Constancy and Courage in this time of iminent danger they have endeavoured to secure our King our Religion the Government and our Liberties We the Grand-Jury Impannelled for the Body of this County of Salop being extreamly sensible how worthily you have discharged the Trust reposed in you and finding our Opinions therein seconded by the Unanimous Resolution of the rest of our County do believe our selves in all Justice obliged humbly to testify unto you how much we rejoyce in the Proceeding you have made how heartily we concur with your wise Resolutions and how earnestly we desire they may be brought to perfection and in particular the Bill to Exclude the D. of York That so we and our Posterity may be delivered from the apparent Danger of Popery and the necessary Consequences thereof Tyranny and Oppression and remain Free Protestant Subjects to acknowledge evermore the Service and Obligation we owe to Patriots that have serv'd us so faithfully Signed by all the Members of the Grand-Jury being 17 of the most considerable Gentlemen of the County January 13. 1680 1. A Common Council being held at Guild-Hall several Eminent Citizens Presented the following Petition To the Right Honourable Sir Patience Ward Kt. Lord Mayor of the City of London and the Right Worshipful the Aldermen and Commons in Common-Council Assembled The humble Petition of the Citizens and Inhabitants of the said City Sheweth THat we being deeply sensible of evils and mischiefs hanging over this Nation in general and this City in particular in respect of the danger of the Kings Person the Protestant Religion and our well establish'd Goverment by the continued hellish and damnable designs of the Papists and others their adherents And knowing no way under heaven so effectual to preserve His Royal Majesty and us from the utter ruin and destruction threatned as by the speedy sitting of this present Parliament the surprising Prorogation of which greatly adds to and increases the just fears and jealousies of your Petitioners minds We your Petitioners do therefore beseech your Lordship and this Honorable Court to acquaint His Majesty with these our fears and apprehensions and that it is our humble and earnest desire as well as yours that His Majesty would be pleased for the utter defeating the wicked and bloudy purposes of our Enemies to permit this present Parliament which stands Prorogued to the 20th of this instant January then to Assemble and continue to sit until they have effectually secured us against Popery and Arbitrary Power and Redressed the manifold Grievances which at present we groan under and for our immediate security that you will be pleased to order whatsoever else shall be thought necessary and expedient by your Lordship and this Honourable Court in this time of imminent danger for the safety of this great City And your Petitioners shall ever Pray c. The Address of the Free-holders of the County of Middlesex to Sir William Roberts Knight and Nicholas Raynton Esq Knights of the Shire WE the Freeholders of this County have in great Confidence of your Integrity Wisdom and Courage now chosen You to Represent Us in the next Parliament to be holden at Oxford on the 21st Day of this present March. And
and Corporations throughout England were generally so well satisfied with the Proceedings of the Honourable House of Commons in the last Parliament That as soon as they heard of the Dissolution they Resolved to chuse the very same respective Persons again and contriv'd to make their Elections without putting the Gentlemen chosen to any Charge Thereby to crush that Pernicious Custom of over-ruling Debauchery at Choice of Members which had not only scandaliz'd the Nation but almost impoyson'd and destroyed the very Constitution of our Parliaments A Letter from the famous Town of Kingston upon Hull to Sir Michael Wharton Kt. and William Gee Esq Burgesses for that Town in the late Parliament Worthy Gentlemen WE understand you have signified to us our Magistrates your willingness to represent in the ensuing Parliament and that they have gratefully accepted of your generous Offer which if they had communicated to us our joynt compliance would have been readily manifested for we are so sensible of your integrity in the late Parliament by your indefatigable care and pains in endeavouring the security of His Majesties Sacred Person as also our Religion and Property that we cannot but rejoyce that you are pleased again to offer us that kindness which your former good Service hath engaged us to become Suitors for We do therefore return you our hearty thanks and you may be confident without your appearance or the least charge to have all our Suffrages Nemine contradicente and will as our Obligations bind us stand by your Proceedings as becomes Loyal Subjects and true Englishmen subscribing our selves Your obliged and affectionate Friends and Servants c. Which was subscribed by Matthew Johnson Esq Sheriff of the said Town and 122 more of the most Eminent Burgesses and Electors Another Letter from Lewis in Sussex on the like Occasion To their late Worthy Representatives Richard Bridger and Thomas Pellam Esquires Gentlemen WE are sensible of the great Trouble and Charge you have been at as our Representatives and of your great Care and Constancy for which we return you our hearty Thanks with our earnest Request that you would be pleased once more to favour us in the same capacity And you will thereby much Oblige Your Faithful Friends and Servants This was Subscribed by near 150 of the Inhabitants of Lewis aforesaid On the 4th of February The City of London Assembled in Common-Hall consisting of several Thousand Livery-Men having by an Unanimous Voice Elected their Old Representatives Returned them their Thanks in a Paper there Publickly Read and Approved of with a General Consent The Address of the City of London To the Honoured Sir Robert Clayton Knight Thomas Pilkington Alderman Sir Thomas Player Knight and William Love Esq late and now chosen Members of Parliament for this Honourable City of London WE the Citizens of this City in Common-Hall Assembled having Experienced the great and manifold Services of you our Representatives in the Two last Parliaments by your most faithful and unwearied Endeavours to Search into and discover the depth of the horrid and hellish Popish Plots to preserve His Majesty's Royal Person the Protestant Religion and the well established Government of this Realm to secure the Meeting and Sitting of frequent Parliaments to Assert our undoubted Rights of Petitioning and to punish such who would have Betrayed those Rights to promote the happy and long-wished for Union amongst all His Majesty's Protestant Subjects to Repeal the 35th of Elizabeth and the Corporation-Act and especially for what Progress hath been made towards the Exclusion of all Popish Successors and particularly of James Duke of York whom the Commons of England in the two last Parliaments have Declar'd and we are greatly sensible is the Principal Cause of all the Ruine and Misery impending these Kingdoms in general and this City in particular For all which and other your constant and faithful Management of our Affairs in Parliament we offer and return to you our most hearty Thanks being confidently assur'd that you will not consent to the granting any Money-Sudply until you have effectually Secur'd us against Popery and Arbitrary Power Resolving by Divine Assistance in pursuance of the same Ends to stand by you with our Lives and Fortunes And likewise there was offered another Paper directed to the Sheriffs purporting their Thanks to the several Noble Peers for their late Petition and Advice to His Majesty which was as followeth To the Worshipful Slingsby Bethel and Henry Cornish Esquires Sheriffs of the City of London and Westminster WE the Citizens of the said City in Common-Hall Assembled having read and diligently perus'd the late Petition and Advice of several Noble Peers of this Realm to His Majesty whose Counsels we humbly conceive are in this unhappy Juncture highly seasonable and greatly tending to the Safety of these Kingdoms We do therefore make it our most hearty Request that you in the Name of this Common-Hall will return to the Right Honourable the Earl of Essex and by him to the rest of those Noble Peers the Grateful Acknowledgment of this Assembly Which being Read and Approved of by a General Acclamation the Sheriffs promised to give their Lordships the Thanks of the Common-Hall in pursuance of their Request The Address of the City of Westminster Febr. 10. 1680 1. To the Honoured Sir William Poultney and Sir William Waller Knights Unanimously Elected Members of the ensuing Parliament for the Ancient City of Westminster WE the Inhabitants of this City and the Liberties thereof Assembled retaining a most grateful and indelible Sence of your prudent Zeal in the late Parliament in searching into the depth of the horrid and hellish Plots of the Papists against His Majesty's Royal Person the Protestant Religion and the Government of the Realm and in endeavouring to bring the Authors of Wicked Counsels to condign punishment And remembring also your faithful discharge of that great Trust reposed in you in vindicating our undoubted Right of Petitioning His Majesty That Parliaments may Sit for the Redress of our Grievances which Hereditary Priviledge some Bad Men would have wrested out of our Hands upon whom you have set such a just Brand of Ignominy as may deter them from the like Attempts for the time to come And further reflecting upon your vigorous Endeavours to secure to us and our Posterity the Profession of the True Religion by those Just Legal and Necessary Expedients which the great Wisdom of the Two last Parliaments fixed upon and adhered to Do find our selves obliged to make our open Acknowledgement of and to return our hearty Thanks for your eminent Integrity and Faithfulness your indefatigable Labour and Pains in the Premises not once questioning but you will maintain the same good Spirit and Zeal to secure His Majesty's Royal Person and to preserve to us the Protestant Religion wherein all good Subjects have an Interest against the secret and subtil Contrivances and open Assaults of the Common Enemy as also our Civil Rights and Properties
His Majesty's Royal Person the good Government of the Nation by Law and in securing our Rights and Liberties for your real Endeavours herein we joyntly return our hearty Thanks and have now chosen you again to be our Representatives in this Parliament And though we have not the least Suspicion or Doubt of your Wisdom and Integrity in Acting for our Common Good now as we apprehend in great danger yet we judge it expedient to discover our Minds and hearty Desires in the Particulars following viz. I. That you 'll continue vigorously to prosecute the horrid Popish Plotters and endeavour thay may be brought to condign punishment especially all Sham-Plotters which we esteem the worst of Villains II. That you will insist on a Bill for excluding all Popish Successors to the Crown which we believe an effectual Means under God for preserving the Protestant Religion His Majesty's Life and Tranquillity with the well established Government of the Kingdom and securing it to our Posterity III. That you endeavour passing a Bill for Regulating Elections and the Frequency of Parliaments for dispatch of those weighty Affairs of the Nation that shall from time to time be before them which we judge the best prevention of an Arbitrary Power IV. That you perservere in Asserting our Right of Legal Petitioning for removing our just Grievances and pass a Bill if there be no Law to punish such that shall obstruct it V. That you will use your utmost Endeavours to bring in a Bill against Pluralities of Church-Livings Non-residency and Scandalous Ministers of which there are too many in most Counties VI. That you will endeavour to preserve His Majesty's Person to root out Popery and prevent Arbitrary Government and use your utmost Endeavours to unite His Majesty's Protestant Subjects VII Lastly That you will not consent to any Money-Bill till the foresaid Particulars be effected and in so doing we hereby promise to stand by you with our Lives and Fortunes The Address of the Free-holders of the County of Leicester To the Right Honourable Benet Lord Sherrard and Sir John Hartopp Baronet as it was audibly read in Court by the Sheriff and unanimously approved of by the said Free-holders immediately after their Election 24 Febr. 1680 1. WE the Free-holders of the County of Leicester having chosen you to be our Representatives in the Two last Parliaments being highly sensible of the care you have taken to secure his Majesty's Royal person the Protestant Religion our Liberties and Properties as also your Endeavours further to discover and prosecute the horrid Popish Plot spread over the Realm of England and others of His Majesty's Dominions with your zealous promoting an happy Union of all good Protestants in this Land not only by good and wholesome Laws for that End but by Repealing those which were destructive to it and especially for your persisting in the Exclusion of James Duke of York and all other Popish Successors from inheriting the Imperial Crown of England which we esteem the only Security under God of His Majesty's Person and Dominions Likewise your Vindicating our fundamentally Right of Petitioning His Majesty for frequent Sitting of Parliaments by your particular Marks of Displeasure laid upon the Opposers of it For all which and other good Laws you were about to make we give you most hearty Thanks And having now again Unanimously chosen you for the ensuing Parliament if you shall continue the prosecution of the aforementioned absolutely necessary Things we shall stand by you with our Lives and Fortunes The Address of the Gentry and Free-holders of the County of York publickly read in Court and fully consented to by the whole Assembly by a general Acclamation at their Election March 2. To the Right Honourable Charles Lord Clifford and Henry Lord Fairfax May it please your Lordships THe Assurance we had of your Fidelity and Activity for the Service of our King and Country in the Parliament which began at Westminster the 6th of March 1678. Was the only Reason of our Choice of you to Represent us in the last Parliament and our experience of your Faithfulness and Diligence in the same Service the last Parliament is the only Ground of our uncontradicted Choice of you again this Day into the same Trust for the ensuing Parliament appointed to meet at Oxford the 21th instant And we judge it our Duty as good Protestants Loyal Subjects and True Englishmen not only to express our hearty Concurrence with you in but also to return you our real and publick Thanks for the many good Things you did and were about to do in both the last Parliaments and more especially for your seasonable Addresses to His Majesty your Necessary Votes Resolutions Orders and Bills whereby you have endeavoured 1. To preserve the Protestant Religion His Majesty's Person and the Kingdoms of England and Ireland from the many Dangers which threaten them 2. To Exclude a Popish Successor 3. To Unite all His Majesty's Protestant-Subjects 4. To purge out the Corruptions which abound in Elections of Members to serve in Parliament And 5. To secure us for the future against Popery and Arbitrary Power And we intreat you to proceed in a Parliamentary way to the Accomplishment of these Excellent Things and we assure you that these things being done we shall with great chearfullness be willing to supply His Majesty to the utmost of our Ability with Money for the securing of His Interest and Honour both at home and abroad A Letter agreed upon by the Mayor and Inhabitants of the Borough of Bridgwater to be sent to their Burgesses chosen on the 26th of February Sir Halswel Tynt and Sir John Malet WE greet you both with our most humble and hearty Service and by these inform you that on Saturday the 26th past with all becoming Calmness and Fairness we Elected you to be our Burgesses and Representatives in the ensuing Parliament We do also Unanimously approve of that great Care and indefatigable Industry which the last Parliament took in and toward the securing of the Protestant Religion than which nothing is more dear to us His Majesty's Sacred Person and Government together with the Vindication and Preservation of our Native Rights Liberties and Priviledges For their utmost Endeavour to bring the Betrayers of the same together with all the principal Conspirators in that most damnable and hellish Popish Plot to condign punishment not omitting our grateful Acknowledgments of those many Good Bills which they had prepared And moreover for all those worthy Votes Resolutions and orders made and past in that most Loyal and never-to-be-forgotten Parliament whereof one of you in the last and both of you in former Parliaments to our great comfort and encouragment approved your selves faithful Members We do also humbly and heartily Desire and Petition you to follow their good Precedent and Example in this ensuing Parliament to do your utmost to secure the King's Person with the Protestant Religion which we apprehend with deep sense
sworn to only as far as every Man pleases to interpret and as far as may be consistent with any new principles of State But the Parliament certainly I do not speak Ironically did intend by this Test to swear and assert the True Protestant Religion and the said Confession of Faith whatever may be now pretended The Earl could not also but very well remember what his Highness had said to himself about the inserting of the Confession and no doubt the Advocate if ingenuous knows all this For the thing was at that time matter of common talk and indeed till Papers objecting contradictions and inconsistencies betwixt the Confession and the rest of the Test began to be so numerous which was about the end of October that there was no possibility left to answer them but by alledging That in the Test men do not swear to every article and proposition of the Confession but only to the Protestant Religion therein contained this point was never doubted And whether this answer be true and a solid Vindication consonant to the words of the Test or a circulating evasion enervating all its force let others judge But the Advocate says When it was moved in Parliament to read the Confession it was waved Most true and the reason given by the Bishops for it was That it was notour they knew it and it was already insert in the Acts of Parliament And the truth was the reading of it would have spent more time than was allowed on examining the whole Test It was likâ— wise late after a long Sederunt and it was resolved to have the Act passed that night and so it went on But it was likewise moved to read the Covenant seeing it was to be disclaimed and this was flatly refused And will the Advocate thence infer That by the Test the Covenant is not abjured albeit it be most certain that many in the Parliament at that time had never read the one or the other But to follow the Advocate 's excursions and answer them more particularly The motion for reading the Confession being made on this very occasion Because it was to be insert in the Test and sworn to concludes enough against him For no body can be so effronted as to say it was used in Parliament as an argument not to read it because it was not to be sworn to but though it cost a debate it was plainly agreed to be sworn to and therefore insert 2dly Can any man doubt the Confession was to be sworn to when it is notour that severals who were members of Parliament and by reason of offices they enjoyed were called to swear the Test pretending with reason tenderness of an Oath did before swearing make a fashion at least of reading and studying the Confession to satisfy themselves how far they might swear it And that this was done by an Hundred I can attest themselves Lastly It is certain that when in the end of October the Bishop of Edenburgh did quarrel Sir George Lockhart for causing the Confession to be insert in the Test and he answered that without it a Turk might sign the Test it was not then pretended by the Bishop that the Confession was not to be sworn to and therefore he at that time had no reply But this is a debate I confess not altogether necessary for my present task only thereby you may see ground enough for the Earl to believe the Confession was sworn to And all that did swear before the Councils Explanation having sworn in that sense and for ought I know all except the Clergy being by the Councils Act still bound to do so It was not strange the Earl might be of this Opinion And seeing that many of the Contradictions were alledged to arise hence and the Earl being a Dissenter it was yet less strange that the Earl did scruple nor is it unreasonable that his modest Explanation should have a most benign acceptance This second pretence of aggravation is That His Majesty did not only bestow on the Earl his Lands and Jurisdictions fallen into His Majesty's hands by the forfaulture of his Father but also pardon him the crimes of Leasing-making and Misconstruing whereof he was found guilty by the Parliament 1662. And raised him to the title and dignity of an Earl and to be a member of all His Majesty's Judicatories All which the Earl as he hath ever doth still most thankfully acknowledg But seeing the Advocate hath no warrand to upbraid him with His Majesty's favours and that these things are now remembred with a manifest design to raise dust and blind strangers and to add a very ill thing Ingratitude to the heap of groundless calumnies cast upon him I must crave leave to answer a little more particularly and refute this new Tout as the Scots Proverb is in an old Horn. This old Leasing making is then now brought in seriously after it hath been treated in ridicule for Eighteen years by the very Actors who did never pretend to defend it in cold blood And were it not to digress too much I could name the persons and make them if capable think shame of their falshood and prevarications in that point and of their abusing His Majesty and prostrating Justice but I forbear The Advocate in his Book of Pleadings makes this a Stretch and says His Majesty rescinded it And His Majesty himself hath several times exprest his sense of the stretches made by some against the Earl at that time It is well known the Family of Argyle is both Ancient and Honourable and hath been Loyal and Serviceable to the Crown for several Hundreds of years but they must now be destroyed for having done and being able as they say to do too much which others neither can nor will do Neither is the Advocate ignorant that the only failing that Family hath been charged with in all that long tract of time was a compliance of the late Marquess of Argyle the Earl's Father in the time of the late Usurpation by sitting in the then Parliament of England some years after all the standing Forces of the Kingdom were broken His Majesty beyond Sea the whole Countrey over-run the Usurpers universally acknowledged and neither probability of resistance nor possibility of shelter left to any that were most willing to serve His Majesty as the Advocate himself hath published in his Printed Pleadings in which he likewise lays out the special and extraordinary Circumstances whereby the Marquess was necessitate to do what he did And the compliance charged on him was so epidemick that all others were pardoned for the same except he alone though none had such favourable Arguments to plead and though he pleaded the same Indemnity that saved others And seeing he submitted and delivered up himself and lost his Life and seeing at the same time of the Compliance that he suffered for the Earl his Son was actually serving and suffering for His Majesty as you find in the former part of this Letter
alledged irrelevancy thereof That in time coming all Criminal Libels shall contain that the persons complained on are Art and Part of the Crimes Libelled which shall be relevant to accuse them thereof swa that no exception or objection take away that part of the Libel in time coming He says That he finds no Act of Parliament more unreasonable for the Statutory part of that Act committing the Tryal of Art and Part to Assizers seems most unjust Seeing in committing the greatest questions of the Law to the most ignorant of the Subjects it puts a sharp Sword into the hands of blind men And the reason of this Act specified in the Narrative is likewise most inept and no ways illative c. What Reproaches What Blasphemies The Earl said not one word against any Act of Parliament But on the contrary That he was confident the Parliament intended no contradiction and that he was willing to take the Test in the Parliaments sense But here the Advocate both says and Prints it That an Act of Parliament is most unreasonable and most unjust and it's reason most inept and that it puts a sharp Sword in the hands of blind men Whereof the smallest branch is infinitely more reproachful than all can be strained out of the Earl's words But Sir Speculation is but Speculation and if the Advocate when his day comes be as able to purge himself of Practical Depravations as I am inclined to excuse all his Visionary Lapses notwithstanding of the famous Title Quod quisque juris in alterum statuorit ut ipse eodem jure utatur he shall never be the worse of my censure Murther will out Or the King's Letter justifying the Marquess of Antrim and declaring That what he did in the Irish Rebellion was by Direction from his Royal Father and Mother and for the service of the Crown Ireland Aug. 22. 1663. Ever honoured Sir LAST Thursday we came to Trial with my Lord Marquess of Antrim but according to my Fears which you always surmised to be in vain he was by the King 's Extraordinary and Peremptory Letter of Favour restored to his Estate as an Innocent Papist We proved Eight Qualifications in the Act of Settlement against him the least of which made him uncapable of being restored as Innocent We proved 1. That he was to have a hand in surprizing the Castle of Dublin in the Year 1641. 2. That he was of the Rebels Party before the 15th of September 1643. which we made appear by his hourly and frequent intercourse with Renny O Moore and many others being himself the most notorious of the said Rebels 3. That he entered into the Roman-Catholick Confederacy before the Peace in 1643. 4. That he constantly adhered to the Nuncio's Party in opposition to his Majesty's Authority 5. That he sate from time to time in the Supream Council of Kilkenny 6. That he signed that execrable Oath of Association 7. That he was Commissionated and acted as Lieutenant-General from the said Assembly at Kilkenny 8. That he declared by several Letters of his own penning himself in Conjunction with Owen Ro Oneale and a constant Opposer to the several Peaces made by the Lord Lieutenant with the Irish We were seven hours by the Clock in proving our Evidence against him but at last the King's Letter being opened and read in Court Rainsford one of the Commissioners said to us That the King's Letter on his behalf was Evidence without Exception and thereupon declared him to be an Innocent Papist This Cause Sir hath tho many Reflections hath passed upon the Commissioners before more startled the Judgments of all men than all the Tryals since the beginning of their sitting and it is very strange and wonderful to all of the Long Robe that the King should give such a Letter having divested himself of that Authority and reposed the Trust in the Commissioners for that purpose And likewise it is admired that the Commissioners having taken solemn Oaths To execute nothing but according to and in pursuance of the Act of Settlement should barely upon his Majesty's Letter declare the Marquess Innocent To be short There never was so great a Rebel that had so much favour from so good a King And it is very evident to me though young and scarce yet brought upon the stage that the consequence of these things will be very bad and if God of his extraordinary mercy do not prevent it War and if possible greater Judgments cannot be far from us where Vice is Patroniz'd and Antrim a Rebel upon Record and so lately and clearly proved one should have no other colour for his Actions but the King 's own Letter which takes all Imputations from Antrim and lays them totally upon his own Father Sir I shall by the next if possible send you over one of our Briefs against my Lord by some Friend It 's too large for a Pacquet it being no less in bulk than a Book of Martyrs I have no more at present but refer you to the King's Letter hereto annexed CHARES R. RIght Trusty and well-beloved Cousins and Counsellors c. We greet you well How far we have been from interposing on the behalf of any of our Irish Subjects who by their miscarriages in the late Rebellion in that Kingdom of Ireland had made themselves unworthy of Our Grace and Protection is notorious to all men and We were so jealous in that particular that shortly after Our return into this Our Kingdom when the Marquess of Antrim came hither to present his duty to Us upon the Information We received from those Persons who then attended Us by a Deputation from Our Kingdom of Ireland or from those who at that time owned our Authority there that the Marquess of Antrim had so misbehaved himself towards Us and Our late Royal Father of blessed memory that he was in no degree worthy of the least Countenance from Us and that they had manifest and unquestionable Evidence of such his guilt Whereupon We refused to admit the said Marquess so much as into Our Presence but on the contrary committed him Prisoner to our Tower of London where after he had continued several Months under a strict restraint upon the continual Information of the said Persons We sent him into Ireland without interposing the least on his behalf but left him to undergo such a Tryal and Punishment as by the Justice of that Our Kingdom should be found due to his Crime expecting still that some heinous Matter would be objected and proved against him to make him uncapable and to deprive him of that Favour and Protection from Us which we knew his former Actions and Services had merited After many months attendance there and We presume after such Examinations as were requisite he was at last dismissed without any Censure and without any transmission of Charge against him to Us and with a License to transport himself into this Kingdom We concluded that it was then time to give him
of the Traytors it was comfortably hoped before thirty Months should have past over after the detection thereof some effectual Remedies might have been applied to prevent the further Attempts of the Papists upon us and better to have secured the Protestants in their Religion Lives and Properties But by sad experience we have found that notwithstanding the vigorous Endeavours of three of our Parliaments to provide proper and wholsome Laws to answer both ends Yet so prevalent has this Interest been under so potent a Head the D. of Y. as to stifle in the birth all those hopeful Parliament-Endeavours by those many surprizing and astonishing Prorogations and Dissolutions which they have procured whereby our Fears and Dangers have manifestly increased and their Spirits heightned and incouraged to renew and multiply fresh Plottings and Designs upon us But that our approaching Parliament may be more successful for our Relief before it be too late by being permitted to sit to Redress our Grievances and to perfect those Good Bills which have been prepared by the former Parliaments to this purpose these following Common-Law Maxims respecting King and Parliament and the Common and Statute-Laws themselves to prevent such unnatural Disappointments and Mischiefs providing for the fitting of Parliaments till Grievances be redress'd and publick Safety secured and provided for are tendered to consideration Some known Maxims taken out of the Law-Books 1. Respecting the King That the Kings of England can do nothing as Kings but what of right they ought to do That the King can do no wrong nor can he dye That the King's Prerogative and the Subjects Liberty are determined by Law That the King hath no Power but what the Law gives him That the King is so called from Ruling well Rex à bene Regendo viz. according to Law Because be is a King whilst be Rules well but a Tyrant when he Oppresses That Kings of England never appear more in their glory splendor and Majestick Sovereignty than in Parliaments That the Prerogative of the King cannot do wrong nor be a Warrant to do wrong to any Plowd Comment fol. 246. 2. Respecting the Parliament That Parliaments constitute and are laid in the Essence of the Government That a Parliament is that to the Common-Wealth which the Soul is to the Body which is only able 〈…〉 and understand the symptoms of all Diseafes which threaten the Body-politick That a Parliament is the Bulwark of our Liberty the boundary which keeps us from the Inundation of Tyrannical Power Arbitrary and unbounded Will-Government That Parliaments do make new and abrogate old Laws Reform Grievances in the Commonwealth settle the Succession grant Subsidies And in sum may be called the great Physician of the Kingdom From whence it appears and is self-evident if Parliaments are so absolutely necessary in this our Constitution That they must then have their certain stationary times of Session and continuance for providing Laws essentially necessary for the being as well as the well-being of the People and redressing all publick Grievances either by the want of Laws or of the undue Execution of them in being or otherwise And suitable hereunto are those Provisions made by the Wisdom of our Ancestors as recorded by them both in the Common and Statute-Law First Coke lib. 7. Rep. p. 12 13. What we find hereof in the Common-Law The Common-Law saith my Lord Coke is that which is founded in the immutable Law and light of Nature agreeable to the Law of God requiring Order Government Subjection and Protection c. Containing ancient Vsages warranted by Holy Scripture and because it is generally given to all it is therefore called Common Lib. 9. Preface And further saith That in the book called The Mirror of Justice appeareth the whole frame of the ancient Common-Laws of this Realm from the time of K. Arthur 5 6. till near the Conquest which treats also of the Officers as well as the diversity and dictinction of the Courts of Justice which are Officinae Legis and particularly of the High Court of Parliament by the name of Council-General or Parliament so called from Parler-la-ment speaking judicially his mind And amongst others gives us the following Law of King Alfred who reigned about 880. Le Roy Alfred Ordeigna pur usage perpetuel que a deux foits per lan ou plus sovene pur mistier in temps de peace so Assembler a Londres Mirror of Justice Ch. 1. Sect. 3. pur Parliamenter surle guidement del people de dieu corneâ—t gents soy garderent de pechers viverent in quiet receiverent droit per certain usages saints Judgments King Alfred ordaineth for a usage perpetual That twice a year or oftner if need be in time of peace they shall assemble themselves at London to treat in Parliament of the Government of the People of God how they should keep themselves from Offences should live in quiet and should receive right by certain Laws and holy Judgments And thus saith my Lord Coke you have a Statute of K. Alfred Lord Coke's Comment upon it as well concerning the holding of this Court of Parliament twice every year at the City of London as to manifest the threefold end of this great and honourable Assembly of Estates As First That the Subject might be kept from offending that is that Offences might be prevented both by good and provident Laws and by the due Execution thereof Secondly That men might live safely and in quiet Thirdly That all men might receive Justice by certain Laws and holy Judgments that is to the end that Justice might be the better administred that Questions and Defects in Laws might be by the High Court of Parliament planed reduced to certainty and adjudged And further tells us That this Court being the most Supream Court of this Realm is a part of the frame of the Common-Laws and in some cases doth proceed Legally according to the ordinary course of the Common-Law as it appeareth 39 E. 3. f. Coke Inst ch 29. fol. 5. To be short of this Court it is truly said Si vetestatem specter est antiquissima si dignitatem est honoratissima si jurisdictionem est capacissima If you regard Antiquity it is the most Ancient if Dignity the most Honourable if Jurisdiction the most Sovereign And where question hath been made whether this Court continued during the Heptarchy let the Records themselves make answer of which he gives divers Instances in the times of King Ine Offa Ethelbert After the Heptarchy King Edward Son of Alfred King Ethelston Edgar Ethelred Edmond Canutus All which he saith and many more are extant and publickly known proving by divers Arguments that there were Parliaments unto which the Knights and Burgesses were summoned both before in and after the Reign of the Conqueror till Hen. 3d's time and for your further satisfaction herein see 4 E. 3.25 49 Ed. 3.22 23. 11 H. 4.2 Littl. lib. 2. cap. 20. Whereby we may understand 1.
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
was used c. returned by the Sheriffs c. without any denomination to the Sheriffs See Coke's Instit 3d part fol. 33. c. according to the Law of England and if any Indictment be made hereafter in any point to the contrary the same be also void and holden for none for ever See also the Statute of Westm 2d cap. 38. and Articul super Cortas cap. 9. So careful have our Parliaments been that the power of Grand Inquests might be placed in the hands of good and worthy men that if one man of a Grand Inquest though they be Twenty three or more should not be Liber Legalis Homo or such as the Law requires and duly returned without denomination to the Sheriff all the Indictments found by such a Grand Jury and the proceedings upon them are void and null So it was adjudged in Searlet's Case I know too well that the Wisdom and Care of our Ancestors in this Institution of Grand Juries hath not been of late considered as it ought nor the Laws concerning them duly observed nor have the Gentlemen and other men of Estates in the several Counties discerned how insensibly their Legal Power and Jurisdiction in their Grand and Petit Juries is decayed and much of the means to preserve their own Lives and Interests taken out of their hands 'T is a wonder that they were not more awakened with the Attempt of the late L. Ch. K. who would have usurped a Lordly Dictatorian power over the Grand Jury of Somersetshire and commanded them to find a Bill of Indictment for Murther for which they saw no Evidence and upon their refusal he not only threatned the Jury but assumed to himself an Arbitrary Power to fine them Here was a bold Battery made upon the ancient Fence of our Reputations and Lives If that Justice's Will had passed for Law all the Gentlemen of the Grand Juries must have been theâ— basest Vassals to the Judges and have been penally obliged Jurare in Verba Magistri to have sworn to the Directions or Dictates of the Judges But thanks be to God the late long Parliament though filled with Pensioners could not bear such a bold Invasion of the English Liberty but upon the Complaint of one Sir Hugh Windham Foreman of the said Jury and a Member of that Parliament the Commons brought the then Chief Justice to their Bar to acknowledge his fault whereupon the Prosecution ceased The Trust and Power of Grand Juries is and ought to be accounted amongst the greatest and of most concern next to the Legislative The Justice of the whole Kingdom in Criminal Cases almost wholly depending upon their Ability and Integrity in the due execution of their Office Besides the Concernments of all Commoners the Honour Reputation Estates and Lives of all the Nobility of England are so far submitted to their Censure that they may bring them into question for Treason or Felony at their Discretion Their Verdict must be entred upon Record against the greatest Lords and process must legally go out against them thereupon to imprison them if they can be taken or to outlaw them as the Statutes direct and if any Peer of the Realm though innocent should justly fear a Conspiracy against his Life and think fit to withdraw the direction of the Statutes in proceeding to the Outlawry being rightly pursued he could never reverse the Outlawry as the Law now stands save by Pardon or Act of Parliament Hence it appears that in case a Grand Jury should be drawn to indict a Noble Peer unjustly either by means of their own weakness or partiality or a blind submission to the Direction or Opinion of Judges One such failure of a Jury may occasion the Ruine of any of the best or greatest Families in England I mention this extent of the Grand Juries Power over all the Nobility only to shew their joint Interest and Concern with the Commons of England in this ancient Institution The Grand Juries are trusted to be the princpal means of preserving the Peace of the whole Kingdom by the terror of executing the Penal Laws against Offenders by their Wisdom Diligence and Faithfulness in making due Inquiries after all Breaches of the Peace and bringing every one to answer for his Crime at the peril of his Life Limb and Estate that every man who lives within the Law may sleep securely in his own House 'T is committed to their Charge and Trust to take care of bringing Capital Offenders to pay their Lives to Justice and lesser Criminals to other punishments according to their several demerits The Courts or Judges or Commissioners of Oyer and Terminer and of Goal-Delivery are to receive only from the Grand Inquest all Capital Matters whatsoever to be put in issue tried and judged before them by the Petit Juries The whole stream of Justice in such Cases either runs freely or is stopped and disturbed as the Grand Inquests do their Duties either faithfully and prudently or neglect or ornit them And as one part of their Duty is to indict Offenders so another part is to protect the Innocent in their Reputations Lives and Interests from false Accusers and malicious Conspirators They are to search out the Truth of such Informations as come before them and to reject the Indictment if it be not sufficiently proved and farther if they have reasonable suspicion of Malice or wicked Designs against any Man's Life or Estate by such as offer a Bill of Indictment the Laws of God and of the Kingdom bind them to use all possible means to discover the Villany and if it appear to them whereof they are the Legal Judges to be a Conspiracy or malicious Combination against the Accused they are bound by the highest Obligations upon Men and Christians not only to reject such a Bill of Indictment but to indict forthwith all the Conspirators with their Abettors and Associates Doubtless there hath been Pride and Covetousness Malice and desire of Revenge in all Ages from whence have sprung false Accusations and Conspiracies but no Age before us ever hatched such Villanies as our Popish Faction have contrived against our Religion Lives and Liberties No History affords an Example of such Forgeries Perjuries Subornations and Combinations of infamous Wretches as have been lately discovered amongst them to defame Loyal Innocent Protestants and to shed their guiltless Blood in the Form and Course of Justice and to make the King 's most faithful Subjects appear to be the vilest Traitors unto him In this our miserable State Grand Juries are our only security inasmuch as our Lives cannot be drawn into jeopardy by all the malicious Crafts of the Devil unless such a number of our honest Countrymen shall be satisfied in the truth of the Accusations For prevention of such Plotters of wickedness as now abound was that Statute made in the 42 of E. 3.3 See the Stat. 42 E. 3.3 in these words To eschew the mischiefs and damage done to divers
for the Life of the injured Lord was broken as is manifest by his liberty now obtained by Law Witnesses may come prepared and tell plausible Stories in open Court if they know from the Prosecutor to what they must answer and have agreed and acquainted each other with the Tales they will tell and have resolved to be careful that all their Answers to cross Interrogatories may be conformable to their first Stories And if these relate only to Words spoken at several times in private to distinct Witnesses in such a case Evidence if given in open Court may seem to be very strong against the Person accused though there be nothing of truth in it But if such Witnesses were privately and separately examined by the Grand Inquest as the Law requires and were to answer only such Questions as they thought fit and in such order as was best in their Judgments and most natural to find out the Truth of the Accusation so that the Witnesses could not guess what they should be asked first or last nor one conjecture what the other had said which they are certain of when they know beforehand what the Prosecutor will ask in Court of every of them and what they have resolved to answer if the Inquest should put them out of their Road and then compare all their several Answers together they might possibly discern marks enough of falsehood to shew that their Testimonies ought not to be depended upon where Life is in question By what is now said the reasonableness of this Institution of Secrecy may be discerned in respect to the discovery of Truth and the protection of the Innocent from malicious Combinations and Perjuries Yet the same Secrecy of the King's Counsel is no less necessary to reserve the guilty for punishment when the Evidence against any party accused is not manifest and full it may be kept without prejudice under Secrecy until further enquiry and if sufficient proof can afterwards be made of the Offence an Indictment may be found by a Grand Inquest and the Party brought to answer it But when the Examinations are in open Court or the King's Council any other way divulged and the Evidence is weak and less than the Law requires 't is not probable that it will be more or stronger and should an Indictment be found and the Party tried by a Petit Jury whilst the Evidence is not full they must and ought to acquit him and then the further prosecution for the same Offence is for ever barred though his guilt should afterwards be manifest and confessed by himself From hence may certainly be concluded That Secrecy in the Examinations and Enquiries of Grand Juries is in all respects for the Interest and advantage of the King If he be concerned to have secret Treason Felonies and all other Enormities brought to light and that none of the Offenders should escape Justice if the gain of their Forfeitures be thought his Interest which God forbid then the first notices of all dangerous Crimes and wicked Confederacies ought to be secretly and prudently pursued and searcht into by the Grand Inquest the Accusers and Witnesses ought not to publish in a Court before a multitude what they pretend to know in such Cases until the discretion of so many honest Men of the Neighbourhood hath first determined whether their Testimony will amount to so good and full Evidence that it may be made publick with safety to the King and People in order to Justice Else they are obliged by Oath to lock up in their own Breasts all the Circumstances and Presumptions of Crimes until they or such as shall succeed in the same Trust shall have discovered as they believe Evidence enough to convict the Accused and then and not before they are to accuse the Party upon Record by finding the Bills as it 's usually called But when Bills are offered without satisfactory Evidence and they neither know nor can learn any more they ought for the King's sake to indorse Ignoramus upon them lest his Honour and Justice be stained by causing or permitting such Prosecution of his People in his own name and at his Suit as shall appear upon their Tryal and Acquittal to have been frivolous or else malicious designs upon their Lives and Fortunes If it should be said That whatsoever Reasons there are for this Oath of Secrecy yet it cannot deprive the King of the benefit of having the Evidence made publick if he desires it and that the Grand Jury do not break their Oaths when the King or the Prosecutor for him will have it so 'T is not hard to shew that such Notions have no foundation in Law or Reason and seem to come from Men who have not well studied the first Principles of the English Government or of True Religion Whosoever hath learnt that the Kings of England were ordained for the good Government of the Kingdom in the Execution of the Laws must needs know that the King cannot lawfully seek any other benefit in judicial proceedings than that common Right and Justice be done to the People according to their Laws and Customs Their Safety and Prosperity are to be the Objects of his continual Care and Study that being the highest concern The Greatness and Honour of a Prince consists in the Virtue Multitude Wealth and Prowess of his People and his greatest Glory is by the excellency of his Government so to have encouraged Virtue and Piety that few or no Criminals are to be found in his Dominions Those who have made this their principal aim have in some places so well succeeded as to introduce such a Discipline and rectitude of Manners as rendred every man a Law unto himself Gar. de la Veg Hist de los Incas As it is reported in the History of Peru that though the Laws were so severe as to make very small Crimes capital yet it often fell out that not one man was put to death in a year within the whole compass of that vast Empire The King 's only benefit in finding out and punishing Offenders by Courts of Justice are the preservation and support of the Government the protection of the Innocent revenging their wrongs and preventing further mischiefs by the terrors of exemplary Punishments The King is the head of Justice in the esteem of our Laws and the whole Kingdom is to expect right to be done them in his several Courts instituted by Law for that purpose Therefore Writs issue out in his name in all cases where relief is sought by the Subject and the wrongs done to the Lives or Limbs of the People are said to be done against the Peace of the King his Crown and Dignity reckoning it a dishonour to him and his Government that Subjects should not whilst they live within the Law enjoy Peace and Security It ought to be taken for a scandal upon the King when he is represented in a Court of Justice as if he were partially concerned or
false Accusations followed without number Oppression and Injustice broke forth like a Flood And to gain the King's Favour they fill'd his Coffers The Indictments against them mentioned in Anderson's Reports Pa. 156 157 are worth reading whereby they are charged with Treason for Subverting the Laws and Customs of the Land in their proceedings without Grand Juries and procuring the murmuring and hatred of the People against the King to the great danger of him and the Kingdom Nothing could satisfy the Kingdom tho ' the King was dead whom they had flattered and served but such Justice done upon them and many of their Instruments and Officers as may for ever make the Ears of Judges to tingle And it is not to be forgotten that the Judges in Queen Eliz. time in the Case of R. Cavendish in Anderson's Reports P. 152 and 155. were as they told the Queen and her Councellors by the punishment of former Judges especially of Empson and Dudley deterred from obeying her illegal Commands The Queen had sent several Letters under her Signet Great Men pressed them to obey her Patent under the Great Seal and the Reasons of their disobedience being required they answered That the Queen her self and the Judges also had taken an Oath to keep the Laws And if they should obey her Commands the Laws would not warrant them and they should therein break their Oath to the Offence of God and their Country and the Common-wealth wherein they were born And say they if we had no fear of God yet the Examples and Punishments of others before us who did offend the Laws do remember and recall us from the like Offences Whosoever being in the like places may design or be put upon the like practices will do well to consider these Examples and not to think that he who obliquely Endeavours to render Grand Juries useless is less Criminal than he that would absolutely abolish them That which doth not act according to its Institution is as if it were not in being And whoever doth without prejudice consider this matter will see that it is not less pernicious to deny Juries the use of those Methods of discovering Truth which the Law hath appointed and so by degrees turn them into a meer matter of form than openly and avowedly to destroy them Surely such a gradual Method of destroying our Native Right is the most dangerous in its consequence The safety which our Fore-fathers for many hundred of years enjoyed under this part of the Law especially and have transmitted to us is so apparent to the meanest Capacity that whoever shall go about to take it away or give it up is like to meet with the fate of Ishmael to have every man's hand against him because he is against every Man Artifices of this Kind will ruine us more silently and so with less opposition and yet as certainly as the other more moved oppression This only is the difference that one way we should be slaves immediately and the other insensibly But with this further disadvantage too that our slavery should be the more unavoydable and the faster rivited upon us because it would be under colour of Law which Practice in Time would obtain Few men at first see the danger of little changes in Fundamentals and those who design them usually act with so much craft as besides the giving specious Reasons they take great Care that the true Reason shall not appear Every design therefore of changing the Constitution ought to be most warily observed and timely opposed Nor is it only the Interest of the People that such Fundamentals should be duly guarded for whose benefit they were at first so carefully layed and whom the Judges are sworn to serve but of the King too for whose sake those pretend to act who would subvert them Our Kings as well as Judges are sworn to maintain the Laws They have themselves in several Statutes required the Judges at their peril to administer Equal Justice to every Man notwithstanding any Letters or Commauds c. even from themselves to the contrary And when any failure hath been the greatest and most powerful of them have ever been the readiest to give Redress It appears by the Preface to the Statutes of 20th Ed. 3. that the Judicial proceedings had been perverted That Letters Writs and Commands had been sent from the King and great Men to the Justices and that Persons belonging to the Court of the King the Queen the Prince of Wales had maintained and abetted Quarrels c. whereby the Laws had been violated and many wrongs done But the King was so far from justifying his own Letters or those illegal practices That the preamble of those Statutes saith they were made for the relief of the People in their sufferings by them That brave King in the height of his glory and vigor of his Age chose rather to confess his Error than to continue in it as is evident by his own words Edward by the Grace of God c. Because by divers Complaints made unto us we have perceived that the Law of the Land which we by our Oath are bound to maintain is the less well kept and Execution of the same disturbed many times by maintenances and procurements as well in the Court as the Country We greatly moved of Conscience in this matter and for this Cause desiring as much for the pleasure of God and ease and quietness of our Subjects as to save our Conscience and for to save and keep our said Oath by the Assent c. Enact That Judges shall do Justice notwithstanding Writs Letters or Commands from himself c. and that none of the King's House or belonging to the King Queen or Prince of Wales do maintain Quarrels c. King James in his Speech to the Judges in the Starchamber Anno. 1616. told them That he had after many years resolved to renew his Oath made at his Coronation concerning Justice and the promise therein contained for maintaining the Law of the Land And in the next page save one says I was sworn to maintain the Law of the Land and therefore had been perjured if I had broken it God is my Judge I never intended it And His Majesty that now is hath made frequent Declarations and Protestations of his being far from all thoughts of designing an Arbitrary Government and that the Nation might be confident he would rule by Law Now if after all this any Officer of the Kings should pretend Instructions from his Master to demand so material an alteration of proceedings in the highest Cases against Law as are above mentioned And the Court who are required to slight and reject the most solemn Commands under the Great Seal if contrary to Law should upon a verbal Intimation allow of such a Demand and so break in upon this Bulwark of our Liberties which the Law has erected Might it not give too just an occasion to suspect that all the legal securities of our Lives
and Properties are unable to protect us And may not such fears rob the King of his greatest Treasure and Strength the Peoples hearts when they dare not rely upon him in his Kingly Office and trust for safety and protection by the Laws Our English History affords many instances of those that have pretended to serve our King in this manner by undermining the Peoples Right and Liberties whose practices have sometimes proved of fatal consequence to the Kings themselves but more frequently ended in their own destruction But after all imagining it could be made out that this Method of private Examinations by a Grand Jury which from what has been said before hath appeared to be so extremely necessary for the publick good and to every private man's security were inconvenient or mischievous and therefore fit to be changed yet being so Essential a part of the Common Law it is no otherwise alterable than by Parliament We find by Presidents that the bare forms of Indictments could not be reformed by the Judges The words Depopulatores agrorum Insidiator es viarum Vi Armis Baculis Cultellis Arcubus sagittis could not be left out but by advice of the Kingdom in Parliament A Writ issued in the time of K. Ed. 3. giving power to hear and determine Offences and all the Justices resolved Cok. 4. Inst Pag. 164. That they could not lawfully act having their Authority by Writ where they ought to have had it by Commission Tho' it was in the form and words that the Legal Commission ought to be John Knivett Chief Justice by Advice of all the Judges resolved that the said Writ was Contra Legem And where divers Indictments were before them found against T.S. the same and all that was done by colour of that Writ was Damned If in such seeming little Things as these and many others that may be instanced the Wisdom of the Nation hath not thought fit to intrust the Judges but reserved the Consideration of them to the Legislative Power It cannot be imagined that they should subject to the discretion and pleasure of the Judges those important Points in the Established course of the administring Justice whereupon depends the safety of all the Subjects Lives and Fortunes If Judges will take upon themselves to alter the constant practice they must either alter the Oath of the Grand Jury or continue it If they should alter it so as to make it sail with any such new Method and thus in appearance charitably provide that the Grand Jury should not take a mock Oath or forswear themselves they then make an incroachment upon the Authority of Parliaments who only can make new or change old Legal Oaths and all the proceedings thereupon would be void If they should continue constantly to impose the same Oath as well when they have notice from the King that the Jury shall not be bound to keep his Secrets and their own as when they have none they must assume to make the same form of Law to be of force and no force and the same words to bind the Conscience as they will have them whereby they would prophane the Natural Religion of an Oath and bring a foul scandal upon Christianity by trifling worse than Heathens in that sacred matter and whilst the Judges find themselves under the necessity of administring the Oath unto Grand Juries and not suffer them to observe it according unto their Consciences they would confess the illegality of their own Proceedings and can never be able to repair the Breaches by pretending a tacite Implication if the King will but must unavoidably fall under that approved Maxim of our Law Maledicta est Interpretatio quae corrumpit Textum It is a Cursed Interpretation that dissolves the Text. There are Two Vulgar Errours concerning the duty of Grand Juries which if not removed will in time destroy all the benefit we can expect from that Constitution by turning them into a meer matter of form which were designed for so great Ends. Many have of late thought and affirmed it for Law that the Grand Jury is neither to make so strict inquiry into matters before them nor to look for so clear Evidence of the Crime as the Petit Jury but that of their Presentments being to pass a second Examination they ought to Indict upon a superficial Inquiry and bare probabilities Whereas should either of these Opinions be admitted the prejudice to the Subject would be equal to the total laying aside Grand Juries there being in truth no difference between arraigning without any Presentment from them at all and their Presenting upon slight grounds For the first that Grand Juries ought not to make so strict Inquiry it were to be wisht that we might know how it comes to pass that an Oath should be obligatory unto a Petit Jury and not unto the Grand Or in what Points they may lawfully and with good Conscience omit that Exactness whether in relation to the Witnesses and their credibility Or the fact and all its circumstances Or the Testimony and its weight Or lastly in reference to the Prisoner and Probability of his guilt And withal upon what grounds of Law or Reason their Opinion is founded On the contrary he that will consider either the Oath they take or the Commission where their duty is described will find in all Points that there lies an equal Obligation upon them and the Petit Juries They swear diligently to inquire and true Presentment make c. and to Present the Truth the whole Truth and nothing but the Truth c. And in the Commission of Oyer and Terminer their duty with that of the Commissioners is thus described Ad Inquirendum per Sacramentum Proborum legalium hominum c. per quos rei veritas melius sciri poterit de quibuscunque proditionibus c. confoederationibus Falsis allegantiis nec non Accessoriis Eorundem c. per quoscunque qualitercunque habit fact perpetrat sive Commiss Et per quos Et per quem cui vel quibus quando qualiter vel quomodo de aliis articulis Circumstantiis praemis eorum aliquod vel aliqua qualitercunque concernen To inquire by the Oath of honest and lawful Men c. By whom the Truth of the matter may be best known of all manner of Treasons c. Confederacies false Testimonies c. As also the Accessories c. by whomsoever or howsoever done perpetrated or committed by whom or to whom how in what way or in what manner And of other Articles and Circumstances premised and of any other Thing or Things howsoever concerning the same Now for any Man after this to maintain that Grand Juries are not to inquire or not carefully is as much as in plain terms to say they are bound to act contrary to the Commission and their Oath And to affirm that they can discharge their duty according to the Obligations of Law and Conscience which they
Invaders of our common Liberties of England in our said Charters contained and when we had conceived firm and undoubted hopes that these our Liberties would have been faithfully preserved by all men the King circumvented and seduced by the Counsels of evil Ministers hath not been afraid to violate it by infringing them falsly believing that he could for Rewards be absolved from that offence which would be the manifest destruction of the Kingdom There is another thing also that grieves our Spirits that the Justices subtilly and maliciously by diverse Arguments of covetousness and intollerable pride have the King against his faithful Subjects sundry ways incited and provoked counselling him contrary to the good and wholsome Advice of all the Liegemen of England and have not blushed nor been afraid impudently to assert and prefer their own foolish Councils as if they were more fit to consult and preserve the Commonweal than all the Estates of the Kingdom together assembled so that it may be truly said of them they are the men that troubled the Land and disturb'd the Nation under a false colour of gravity have the whole People grievously opprest and under pretence of expounding the antient Laws have introduced new I will not say Laws but evil Customs so that through the Ignorance of some and partiality of others who for reward or fear of great Men have been engaged there was no certainty of Law and they scorned to administer Justice to the people their deeds are deeds of wickedness and the work of Iniquity is in their hand their feet make haste to evil and the way of truth have they not known what shall I say there is no Judgment in their paths How many Free-men of this Land faithful Subjects of our Lord the King have like the meanest Slaves of lowest condition without any fault been cast into Prison where some of them by hunger grief or the burthen of their chains have expired they have also extorted at their pleasure infinite sums of money for their ransoms the Coffers of some that they might fill their own as well from the rich as the poor they have exhausted by reason whereof they have contracted the irreconcilable hatred and dreadful imprecations of all men as if they had purchas'd and obtain'd such an incommunicable priviledge by their detestable Charter of non Obstante that they might at their own lust be free from all Laws both humane and divine Moreover there is another more the ordinary grievance which hitherto hath and in some measure doth still rage among us All things are expos'd to sale if not as it were to plunder and theft Alas how great power hath the love of money in the breasts of Men Hear therefore O ye wicked from my mouth the dreadful decree of Heaven the dejection af your countenances accuseth you and like the men of Sodom ye have not hidden but proclaimed the sin woe be to your souls woe be to them that make Laws and Writing write injustice that they may oppress the poor in Judgment and injure the cause of the humble that Widows may become their Prey and that they might destroy the Orphan Woe be to those that build their Houses in injustice and their Tabernacles in Vnrighteousness Woe be to them that covet large possessions that break open Houses and destroy the Man and his Inheritance woe be to such Judges who are like Wolves in the Evening and leave not a bone till the morning The Righteous Judge will bring such Counsellors to a foolish end and such Judges to confusion ye shall all presently with a loud cry receive the just sentence of the Land At the hearing of these things all Ears tingled and the whole Community lifted up their Voice and mourned saying Alas alas for us what is become of that English Liberty which we have so often purchased which by so many Concessions so many Statutes so many Oaths have been confirmed to us Hereupon several of the Criminals withdrew into secret places being concealed by their friends some of them were brought forth into the midst of the People and deservedly turned out of their Offices one was banished the Land and others were grievously Fined or Condemned to perpetual Imprisonment This is confirmed by Spelman An. 1290. All the Justices of England saith he were An. 18. Ed. 1. apprehended for Corruption except John Mettingham and Elias Bleckingham whom I name for their honour and by Judgment of Parliament condemned some to Imprisonment others Banishment or Confiscation of their Estates and none escaped without grievous Fines and the loss of their Offices The Speech and Carriage of STEPHEN COLLEDGE Before the Castle at Oxford Wednesday Aug. 31. 1681. Taken exactly from his Mouth at the place of Execution Mr. High-Sheriff MR. Colledge It is desired for satisfaction of the World because you have profest your self a Protestant that you would tell what Judgment you are of Colledge Dear People dear Protestants and dear Country-men I Have been Accused and Convicted for Treason the Laws Adjudge me to this Death and I come hither willingly to submit to it I pray God forgive all those persons that had any hand in it I do declare to you whatever has been said of me that I was never a Papist or ever that way inclined they have done me wrong I was ever a Protestant I was born a Protestant I have lived so and so by the Grace of God I will die of the Church of England according to the best Reformation of the Church from all Idolatry from all Superstition or any thing that is contrary to the Gospel of our blessed Lord and Saviour I do declare I was never in any Popish Service Prayers or Devotions in my life save one time about seventeen or eighteen years ago as near as I remember I was out of a curiosity one afternoon at St. James's Chappel the Queens Chappel at St. James's except that one time I never did hear any Popish Service any thing of the Church of Rome Mass or Prayers or any thing else private or publick I know you expect that I should say something as to what I die for It has been charged upon me when I was apprehended and brought before the Council some of the Council the Secretary and my Lord Killingworth and Mr. Seymour they told me there was Treason sworn against me truly they surprized me when they said so for of all things in the World I thought my self as free from that as any man I asked them if any man living had the confidence to swear Treason against me They said several three or four as I remember Then they told me it was sworn against me that I had a design to pull the King out of White-hall and to serve him as his Father was served or to that purpose the Loggerhead his Father or that kind of Language I did deny it then and do now deny it upon my Death I never was in any manner of Plot in my
this Absolute Power it is a little too hard to make men swear to maintain the King in it and if that Kingdom has suffered so much by the many Oaths that have been in use among them as is marked in his Proclamation I am afraid this new Oath will not much mend the matter XIV Yet after all there is some Comfort his Majesty assures them he will use no Violence nor Force nor any Invincible Necessity to any man on the account of his perswasion It were too great a want of respect to fancy that a time may come in which even this may be remembred full as well as the promises that were made to the Parliament after his Majesty came to the Crown I do not I confess apprehend that for I see here so great a Caution used in the choice of these words that it is plain very great Severities may very well consist with them It is clear that the general words of Violence and Force are to be determined by the last Invincible Necessity so that the King does only promise to lay no Invincible Necessity on his Subjects but for all Necessities that are not Invincible it seems they must bear a large share of them Disgraces want of imployments Fines and Imprisonments and even Death it self are all vincible things to a man of a firmness of mind so that the Violences of Torture the Furies of Dragoons and some of the Methods now practised in France perhaps may be included within this Promise since these seem almost Invincible to Humane Nature if it is not fortified with an Extraordinary measure of Grace but as to all other things his Majesty binds himself up from no part of the Exercise of his Absolute Power by this Promise XV. His Majesty Orders this to go Immediatly to the Great Seal without passing through the other Seals now since this is Counter-signed by the Secretary in whose hands the Signet is there was no other step to be made but through the Privy Seal so I must own I have a great Curiosity of knowing his Character in whose hands the Privy Seal is at present for it seems his Conscience is not so very supple as the Chancellors and the Secretaries are but it is very likely if he does not quickly change his Mind the Privy Seal at least will quickly change his Keeper and I am sorry to hear that the Lord Chancellor and Secretary have not another Brother to fill this post that so the guilt of the ruine of that Nation may lie on one single Family and that there may be no others involved in it XVI Upon the whole matter many smaller things being waved it being extream unpleasant to find fault where one has all possible dispositions to pay all respect we here in England see what we must look for A Parliament in Scotland was try'd but it proved a little stubborn and now Absolute Power comes to set all right so when the Closetting has gone round so that Noses are counted we may perhaps see a Parliament here but if it chances to be untoward and not to Obey without Reserve then our Reverend Judges will copy from Scotland and will not only tell us of the King 's Imperial Power but will discover to us this new Mystery of Absolute Power to which we are all bound to Obey without Reserve These Reflections refer in so many places to some words in the Proclamation that it was thought necessary to set them near one another that the Reader may be able to Judge whether he is deceived by any false Quotations or not By the King A PROCLAMATION JAMES R. JAMES the Seventh by the Grace of God King of Scotland England France and Ireland Defender of the Faith c. To all and sundry our good Subjects whom these presents do or may concern Greeting We have taken into our Royal Consideration the many and great inconveniencies which have happened to that our Ancient Kingdom of Scotland of late years through the different perswasions in the Christian Religion through the great Heats and Animosities amongst the several Professors thereof to the ruin and decay of Trade wasting of Lands extinguishing of Charity contempt of the Royal Power and converting of true Religion and the Fear of God into Animosities Names Fractions and sometimes into Sacrilege and Treason And being resolved as much as in us lies to Unite the Hearts and Affections of Our Subjects to GOD in Religion to Us in Loyalty and to their Neighbours in Christian Love and Charity Have therefore thoughe fit to Grant and by our Soveraign Authority Prerogative Royal and Absolute Power which all our Subjects are to Obey without Reserve Do hereby give and grant Our Royal Toleration to the several Professors of the Christian Religion after named with and under the several Conditions Restrictions and Limitations after-mentioned In the first place We Allow and Tolerate the Moderate Presbyterians to Meet in their Private Houses and there to hear all such Ministers as either have or are willing to accept of Our Indulgence allanerly and none other and that there be not any thing said or done contrary to the Well and Peace of Our Reign Seditious or Treasonable under the highest Pains these Crimes will import nor are they to presume to Build Meeting-Houses or to use Out-Houses or Barns but only to Exercise in their Private Houses as said is In the mean time it is our Royal Will and Pleasure that Field-Conventicles and such as Preach or Exercise at them or who shall any ways assist or connive at them shall be prosecuted according to the utmost Severity of our Laws made against them seeing from these Rendezvouzes of Rebellion so much Disorder hath proceeded and so much Disturbance to the Government and for which after this Our Royal Indulgence for tender Consciences there is no Excuse left In like manner we do hereby tolerate Quakers to meet and Exercise in their Form in any place or places appointed for their Worship And considering the Severe and Cruel Laws made against Roman Catholicks therein called Papists in the Minority of Our Royal Grand-Father of * Glorious Memory without His Consent and contrary to the Duty of good Subjects by His Regents and other Enemies to their Lawful Soveraigns Our Royal Great Grand-Mother Queen Mary of Blessed and Pious Memory wherein under the pretence of Religion they cloathed the worst of Treasons Factions and Usurpations and made these Laws not as against the Enemies of GOD but their own which Laws have still been continued of course without design of executing them or any of them ad terrorem only on Supposition that the Papists relying on an External Power were incapable of Duty and true Allegiance to their Natural Soveraign and Rightful Monarchs We of Our certain Knowledge and long Experience knowing that the Catholicks as it is their Principle to be good Christians so it is to be dutiful Subjects and that they have likewise on all Occasions shewn themselves
Good and Faithful Subjects to Us and our Royal Predecessors by hazarding and many of them actually losing their Lives and Fortunes in their Defence though of another Religion and the Maintenance of their Authority against the Violences and Treasons of the most violent Abettors of these Laws Do therefore with Advice and Consent of Our Privy Council by Our Soveraign Authority Prerogative Royal and Absolute Power aforesaid Suspend Stop and disable all Laws or Acts of Parliament Customs or Constitutions made or executed against any of our Roman Catholick Subjects in any time past to all intents and purposes making void all Prohibitions therein mentioned pains or penalties therein ordain'd to be Inflicted so that they shall in all things be as free in all Respects whatsoever not only to Exercise their Religion but to enjoy all Offices Benefices and others which We shall think fit to bestow upon them in all time coming Nevertheless it is our Will and Pleasure and we do hereby command all Catholicks at their highest Pains only to Exercise their Religious Worship in Houses or Chappels and that they presume not to Preach in the open Fields or to invade the Protestant Churches by force under the pains aforesaid to be inflicted upon the Offenders respectively nor shall they presume to make Publick Processions in the High-Streets of any of Our Royal Burghs under the Pains above mentioned And whereas the Obedience and Service of our good Subjects is due to Us by their Allegiance and Our Soveraignty and that no Law Custom or Constitution Difference in Religion or other Impediment whatsoever can exempt or discharge the Subjects from their Native Obligations and Duty to the Crown or hinder us from Protecting and Employing them according to their several Capacities and Our Royal Pleasure nor Restrain Us from Conferring Heretable Rights and Priviledges upon them or vacate or annul these Rights Heretable when they are made or conferred And likewise considering that some Oaths are capable of being wrested by men of sinistrous Intentions a practice in that Kingdom fatal to Religion as it was to Loyalty Do therefore with Advice and Consent aforesaid Cass Annul and Discharge all Oaths whatsoever by which any of Our Subjects are incapacitated or disabled from holding Places or Offices in our said Kingdom or enjoy their Hereditary Right and Priviledges discharging the same to be taken or given in any time coming without Our special Warrant and Consent under the pains due to the Contempt of Our Royal Commands and Authority And to this effect We do by Our Royal Authority aforesaid Stop Disable and Dispense with all Laws enjoyning the said Oaths Tests or any of them particularly the first Act of the first Session of the first Parliament of King Charles the Second the Eleventh Act of the foresaid Session of the foresaid Parliament the sixth Act of the third Parliament of the said King Charles the twenty first and twenty fifth Acts of that Parliament and the thirteenth Act of the first Session of * Our late Parliament in so far allanerly as concerns the taking the Oaths or Tests therein prescrib'd and all others as well not mentioned as mentioned and that in place of them all our good Subjects or such of them as We or our Privy Council shall require so to do shall take and swear the following Oath allanerly I A. B. do acknowledge testifie and declare that JAMES the Seventh by the Grace of God King of Scotland England France and Ireland Defender of the Faith c. is rightful King and Supream Governour of these Realms and over all persons therein and that it is unlawful for Subjects on any pretence or for any cause whatsoever to rise in Arms against Him or any Commissionated by Him and that I shall never so rise in Arms nor assist any who shall so do and that I shall never resist His Power or Authority nor ever oppose His Authority to His Person as I shall answer to God but shall to the utmost of my power Assist Defend and Maintain Him His Heirs and Lawful Successors in the Exercise of their Absolute Power and Authority against all Deadly So help me God And seeing many of Our good Subjects have before Our pleasure in these Matters was made publick incurred the Guilt appointed by the Acts of Parliament above-mentioned or others We by Our Authority and Absolute Power and Prerogative Royal above-mentioned of Our certain Knowledge and innate Mercy give Our ample and full Indemnity to all those of the Roman Catholick or Popish Religion for all things by them done contrary to Our Laws or Acts of Parliament made in any time past relating to their Religion the Worship and Exercise thereof or for being Papists Jesuits or Traffickers for hearing or saying of Mass concealing of Priests or Jesuits breeding their Children Catholicks at home or abroad or any other thing Rite or Doctrine said performed or maintained by them or any of them And likewise for holding or taking of Places Employments or Offices contrary to any Law or Constitution Advices given to Us or our Council Actions done or generally any thing perform'd or said against the known Laws of that Our Ancient Kingdom Excepting always from this Our Royal Indemnity all Murthers Assassinations Thefts and such like other Crimes which never used to be comprehended in Our General Acts of Indemnity And We command and require all Our Judges or others concerned to explain this in the most ample Sense and Meaning Acts of Indemnity at any time have contained Declaring this shall be as good to every one concerned as if they had Our Royal Pardon and Remission under Our Great Seal of that Kingdom And likewise indemnifying Our Protestant Subjects from all pains and penalties due for hearing or preaching in Houses providing there be no Treasonable Speeches uttered in the said Conventicles by them in which case the Law is only to take place against the Guilty and none other present providing also that they Reveal to any of Our Council the Guilt so committed As also excepting all Fines or Effects of Sentences already given And likewise Indemnifying fully and freely all Quakers for their Meetings and Worship in all time past preceeding the publication of these presents And we doubt not but Our Protestant Subjects will give their Assistance and Concourse hereunto on all Occasions in their Respective Capacities In consideration whereof and the ease those of Our Religion and others may have hereby and for the Encouragement of Our Protestant Bishops and the Regular Clergy and such as have hitherto lived orderly We think fit to declare that it never was Our Principle nor will We ever suffer Violence to be offered to any Man's Conscience nor will We use Force or Invincible Necessity against any Man on the account of his Perswasion nor the Protestant Religion but will protect Our Bishops and other Minsters in their Functions Rights and Properties and all Our Protestant Subjects in the free Exercise of their
Protestant Religion in the Churches And that We will and hereby promise on Our Royal Word to maintain the possessors of Church Lands formerly belonging to Abbeys or other Churches of the Catholick Religion in their full and free possession and right according to Our Laws and Acts of Parliament in that behalf in all time coming And We will imploy indifferently all our Subjects of all Perswasions so as none shall meet with any Discouragement on the account of his Religion but be advanced and esteemed by Us according to their several Capacities and Qualifications so long as We find Charity and Unity maintained And if any Animosities shall arise as We hope in God there will not We will shew the severest Effects of Our Royal Displeasure against the Beginners or Fomenters thereof seeing thereby Our Subjects may de deprived of this general Ease and Satisfaction We intend to all of them whose Happiness Prosperity Wealth and Safety is so much Our Royal Care that We will leave nothing undone which may procure these Blessings for them And lastly to the End all our good Subjects may have Notice of this Our Royal Will and Pleasure We do hereby command Our Lyon King at Arms and his Brethren Heraulds Macers Pursevants and Messengers at Arms to make timous Proclamation thereof at the Marcat-Cross of Edinburgh And besides the printing and Publishing of this Our Royal Proclamation it is Our express Will and Pleasure that the same be past under the great Seal of that Our Kingdom per saltum * without passing any other Seal or Register In Order whereunto this shall be to the Directors of Our Chancelary and their Deputies for writing the same and to Our Chancellor for causing our Great Seal aforesaid to be appended thereunto a sufficient Warrand Given at Our Court at Whitehall the twelfth day of Febr. 1686. and of Our Reign the Third Year By His Majesties Command MELFORT God save the King His Majesties Gracious DECLARATION to all His Loving Subjects for Liberty of Conscience JAMES R. IT having pleased Almighty God not only to bring Us to the Imperial Crown of these Kingdoms through the greatest difficulties but to preserve Us by a more than ordinary Providence upon the Throne of Our Royal Ancestors there is nothing now that we so earnestly desire as to Establish our Government on such a Foundation as may make Our Subjects happy and unite them to Us by Inclination as well as by Duty Which We think can be done by no Means so effectually as by granting to them the free Exercise of their Religion for the time to come and add that to the perfect Enjoyment of their Property which has never been in any case Invaded by Us since Our coming to the Crown Which being the two things Men value most shall ever be preserved in these Kingdoms during Our Reign over them as the truest Methods of their Peace and Our Glory We cannot but heartily wish as it will easily be believed That all the People of Our Dominions were Members of the Catholick Church yet We humbly thank Almighty God it is and hath of long time been Our constant Sense and Opinion which upon diverse Occasions We have Declared That Conscience ought not to be constrained nor People forced in Matters of meer Religion It has ever been directly contrary to Our Inclination as We think it is to the Interest of Government which it destroys by Spoiling Trade Depopulating Countries and Discouraging Strangers and finally that it never obtained the End for which it was employed And in this We are the more confirmed by the Reflections We have made upon the Conduct of the Four last Reigns For after all the frequent and pressing Endeavours that were used in each of them to reduce this Kingdom to an exact Conformity in Religion it is visible the Success has not answered the Design and that the Difficulty is invincible We therefore out of Our Princely Care and Affection unto all Our Loving Subjects that they may live at Ease and Quiet and for the increase of Trade and encouragement of Strangers have thought fit by virtue of Our Royal Prerogative to Issue forth this Our Royal Declaration of Indulgence making no doubt of the Concurrence of Our Two Houses of Parliament when We shall think it convenient for them to Meet In the first place We do Declare That We will Protect and Maintain Our Arch-Bishops Bishops and Clergy and all other our Subjects of the Church of England in the free Exercise of their Religion as by Law Established and in the quiet and full Enjoyment of all their Possessions without any Molestation or Disturbance whatsoever We do likewise Declare That it is Our Royal Will and Pleasure That from henceforth the Execution of all and all manner of Penal Laws in Matters Ecclesiastical for not coming to Church or not Receiving the Sacrament or for any other Non-conformity to the Religion Established or for or by reason of the Exercise of Religion in any manner whatsoever be immediately Suspended And the further Execution of the said Penal Laws and every of them is hereby Suspended And to the end that by the Liberty hereby Granted the Peace and Security of Our Government in the Practice thereof may not be endangered We have thought fit and do hereby straitly Charge and Command all Our Loving Subjects That as We do freely give them Leave to Meet and Serve God after their own Way and Manner be it in private Houses or Places purposely Hired or Built for that use So that they take especial care that nothing be Preached or Taught amongst them which may any ways tend to Alienate the Hearts of Our people from Us or Our Government and that their Meetings and Assemblies be peaceably openly and publickly held and all Persons freely admitted to them And that they do signifie and make known to some one or more of the next Justices of the Peace what place or places they set apart for those uses And that all Our Subjects may enjoy such their Religious Assemblies with greater Assurance and Protection We have thought it Requisite and do hereby Command That no Disturbance of any kind be made or given unto them under pain of our Displeasure and to be further proceeded against with the uttermost Severity And forasmuch as We are desirous to have the Benefit of the Service of all Our Loving Subjects which by the Law of Nature is inseparably annexed to and inherent in Our Royal Person And that none of Our Subjects may for the future be under any Discouragement or Disability who are otherwise well inclined and fit to serve Us by reason of some Oaths or Tests that have been usually Administred on such Occasions We do hereby further Declare That it is Our Royal Will and Pleasure That the Oaths commonly called The Oaths of Supremacy and Allegiance and also the several Tests and Declarations mentioned in the Acts of Parliament made in the 25th and 30th Years of
is to tell directly and plainly what it is he intendeth to give in Exchange for that which he requireth It must be viewed and considered by the other Party that he may judge of the Value for without knowing what it is he cannot determine whether he shall take or leave it An Assertion in general that it shall be as good or a better thing is not in this a sufficient Excuse for the Mistake of Dealing upon such uncertain Terms In all things that are dark and not enough explained Suspition naturally followeth A Secret generally implieth a Defect or a Deceit and if a false Light is an Objection no Light at all is yet a greater To pretend to give a better thing and to refuse to shew it is very near saying it is not so good a one at least so it will be taken in common construction A Mystery is yet a more discouraging thing to a Protestant especially if the Proposition should come from a Papist it being one of his great Objections to that Church that there are so many of them Invisible and Impossible which are so violently thrust upon their Understandings that they are overlaid with them They think that rational Creatures are to be convinced only by Reason and that Reason must be visible and freely exposed else they will think themselves used with Contempt instead of Equality and will never allow such a suspected Secrecy to be a fit Preface to a real Equivalent XIV In Matters of Contract not only the present Value but the Contingenoies and Consequences as far as they can be fairly supposed are to be considered For Example if there should be a Possibility that one of the Parties may be ruined by Accepting and the other only disappointed by his Refusing the Consequences are so extreamly unequal that it is not imaginable a Man should take that for an Equivalent which hath such a fatal Impossibility at the Heels of it If it should happen in a publick Case that such a Proposal should come from the minor Part of an Assembly or Nation to the greater it is very just that the Hazard of such a Possibility should more or less likely fall upon the lesser Part rather than upon the greater for whose Sake and Advantage things are and must be calculated in all publick Constitutions Suppose in any mixed Government the chief Magistrate should propose upon a Condition in the Senate Diet or other Supreme Assembly either to Enact or Abrocate one or more Laws by which a Possibility might be let in of destroying their Religion and Property which in other Language signifieth no less than Soul and Body where could be the Equivalent in the Case not only for the real Loss but even for the Fear of losing them Men can fall no lower than to lose all and if losing all destroyeth them the venturing all must fright them In an Instance when Men are secure that how far soever they may be over run by Violence yet they can never be undone by Law except they give their Assistance to make it possible tho it should neither be likely nor intended still the Consequence which may happen is too big for any present thing to make amends for it Whilst the Word Possible remaineth it must forbid the Bargain Where-ever it falleth out therefore that in an Example of a publick Nature the Changing Enacting or Repealing a Law may naturally tend to the Misplacing the Legislative Power in the Hands of those who have a separate Interest from the Body of a People there can be no Treating till it is demonstrably made out that such a Consequence shall be absolutely impossible for if that shall be denied by those who make the Proposal if it is because they cannot do it the Motion at first was very unfair If they can and will not it would be yet less reasonable to expect that such partial Dealers would ever give an Equivalent fit to be accepted XV. It is necessary in all Dealing to be assured in the first place that the Party proposing is in a Condition to make good his Offer that he is neither under any former Obligations or pretended Claims which may render him uncapable of performing it else he is so far in the Condition of a Minor that whatever he disposeth by Sale or Exchange may be afterwards resumed and the Contract become void being originally defective for want of sufficient legal Power in him that made it In the Case of a strict Settlement where the Party is only Tenant for Life there is no possibility of treating with one under such Fetters no Purchase or Exchange of Lands or any thing else can be good where there is such an Incapacity of making out a Title the Interest vested in him being so limited that he can do little more than pronounce the Words of a Contract he can by no means perform the Effect of it In more publick Instances the Impossibility is yet more express as suppose in any Kingdom where the People have so much Liberty left them as that they may make Contracts with the Crown there should be some peculiar Rights claimed to be so fixed to the Royal Function that no King for the time being could have Power to part with them being so fundamentally tied to the Office that they can never be separated Such Rights can upon no occasion be received in Exchange for any thing the Crown may desire from the People That can never be taken in Payment which cannot lawfully be given so that if they should part with that which is required upon those Terms it must be a Gift it cannot be a Bargain There is not in the whole Dictionary a more untractable Word than Inherent and less to be reconciled to the Word Equivalent The Party that will contract in spight of such a Claim is content to take what is impossible to grant and if he complaineth of his Disappointment he neither can have Remedy nor deserveth it If a Right so claimed happeneth to be of so comprehensive a Nature as that by a clear Inference it may extend to every thing else as well as to the particular Matter in question as often as the Supream Magistrate shall be so disposed there can in that case be no Treating with a Prerogative that swalloweth all the Right the People can pretend to and if they have no Right to any thing of which they are possessed it is a Jest and not a Bargain to observe any Formality in parting with it A Claim may be so stated that by the Power and Advantage of Interpreting it shall have such a murthering Eye that if it looketh upon a Law like a Basilisk it shall strike it dead Where is the Possibility of Treating where such a Right is assumed Nay let it be supposed that such a Claim is not well founded in Law and that upon a free Disquisition it could not be made out yet even in this Case none that are well advised will conclude a
the Nature of a Bargain and the due Circumstances belonging to an Equivalent and will now conclude with this short Word Where Distrusting may be the Cause of provoking Anger and Trusting may be the Cause of bringing Ruine the Choice is too easie to need the being explained A LETTER From a Gentleman in the City To his Friend in the Country Containing his Reasons for not Reading the Declaration SIR I Do not wonder at your Concern for finding an Order of Council published in the Gazette for Reading the King's Declaration for Liberty of Conscience in all Churches and Chappels in this Kingdom You desire to know my Thoughts about it and I shall freely tell them for this is not a time to be reserved Our Enemies who have given our Gracious King this Counsel against us have taken the most effectual way not only to ruine us but to make us appear the Instruments of our own Ruine that what Course soever we take we shall be undone and one side or other will conclude that we have undone our selves and fall like Fools To lose our Livings and Preferments nay our Liberties and our Lives in a plain and direct Opposition to Popery as suppose for refusing to read Mass in our Churches or to swear to the Trent Creed is an honorable way of falling and has the Divine Comforts of Suffering for Christ and his Religion and I hope there is none of us but can chearfully submit to the Will of God in it But this is not our present Case to read the Declaration is not to read the Mass nor to profess the Romish Faith and therefore some will judge that there is no hurt in Reading it and that to suffer for such a Refusul is not to fall like Confessors but to suffer as Criminals for disobeying the Lawful Commands of our Prince but yet we judge and we have the concurring Opinions of all the Nobility and Gertry with us who have already suffered in this Cause that to take away the Test and Penal Laws at this time is but one step from the introducing of Popery and therefore to read such a Declaration in our Churches though it do not immediately bring Popery in yet it sets open our Church Doors for it and then it will take its own time to enter So that should we comply with this Order all good Protestants would despise and hate us and men we may be easily crushed and shall soon fall with great Dishonour and without any Pity This is the Difficulty of our Case we shall be censured on both sides but with this Difference We shall fall a little sooner by not Reading the Declaration if our Gracious Prince resent this as an Act of an obstinate and peevish or factious Disobedience as our Enemies will be sure to represent it to him We shall as certainly fall and not long after if we do read it and then we shall fall unpitied and despised and it may be with the Curses of the Nation whom we have ruined by our Compliance and this is the way never to rise more And may I suffer all that can be suffered in this World rather than contribute to the sinal Ruine of the best Church in the World Let us then examine this Matter impartially as those who have no mind either to ruine themselves or to ruine the Church I suppose no Minister of the Church of England can give his Consent to the Declaration Let us then consider whether Reading the Declaration in our Churches be not an Interpretative Consent and will not with great Reason be interpreted to be so For First By our Law all Ministerial Officers are accountable for their Actions The Authority of Superiors though of the King himself cannot justifie inferior Officers much less the Ministers of State if they should execute any illegal Commands which shews that our Law does not look upon the Ministers of Church or State to be meer Machines and Tools to be managed wholly by the Will of Superiors without exercising any Act of Judgment or Reason themselves for then inferior Ministers were no more punishable than the Horses are which draw an innocent Man to Tyburn and if inferior Ministers are punishable then our Laws suppose that what we do in obedience to Superiors we make our own Act by doing it and I suppose that signifies our Consent in the Eye of the Law to what we do It is a Maxime in our Law That the King can do no Wrong and therefore if any Wrong be done the Crime and Guilt is the Ministers who does it for the Laws are the King 's publick Will and therefore he is never supposed to command any thing contrary to Law nor is any Minister who does an illegal Action allowed to pretend the King's Command and Authority for it and yet this is the only Reason I know why we must not obey a Prince against the Laws of the Land or the Laws of God because what we do let the Authority be what it will that commands it becomes our own Act and we are responsible for it and then as I observed before it must imply our own Consent Secondly The Ministers of Religion have a greater Tye and Obligation than this because they have the Care and Conduct of Mens Souls and therefore are bound to take Care that what they publish in their Churches be neither contrary to the Laws of the Land nor to the Good of the Church For the Ministers of Religion are not look'd upon as Common Cryers but what they Read they are supposed to recommend too though they do no more than Read it and therefore to read any thing in the Church which I do not consent to and approve nay which I think prejudicial to Religion and the Church of God as well as contrary to the Laws of the Land is to misguide my People and to dissemble with God and Men because it is presum'd that I neither do nor ought to read any thing in the Church which I do not in some degree approve Indeed let Mens private Opinions be what they will in the Nature of the thing he that reads such a Declaration to his People teaches them by it For is not Reading Teaching Suppose then I do not consent to what I read yet I consent to Teach my People what I Read and herein is the Evil of it for it may be it were no Fault to Consent to the Declaration but if I consent to Teach my People what I do not consent to my self I am sure that is a great one And he who can distinguish between consenting to Read the Declaration and consenting to Teach the People by the Declaration when Reading the Declaration is teaching it has a very subtile Distinguishing Conscience Now if consenting to Read the Declaration be a Consent to Teach it my People then the natural Interpretation of Reading the Declaration is That he who Reads it in such a solemn Teaching-manner Approves it If this be not
The Pope published a Bull in print against the restoring of Abby-Lands which Dr. Burnet affirms also Ap. Fol. 403. It is notoriously false they both asserting the contrary Dr. Burnet's Words in that very place are these The Pope in plain terms refused to ratifie what the Cardinal had done and soon after set out a severe Bull cursing and condemning all that held any Church Lands Seventhly and lastly The succeeding Popes have been clearly of this opinion Pope Pius the Fourth who immediately succeeded this Paul confirm'd the Counoil of Trent and therein damned all the detainers of Church-Lands and tho he was much importuned to confirm some Alienations made by the King of France to pay the debts of the Crown yet he absolutely refused it F. Pauls H. C. Trent 713. Pope Innocent the Tenth first protested against the Alienations of Church Lands in Germany that were made at the great Treaty of Munster and Osnaburg A. D. 1648. and when that would not do by his Bull Nov. 26. in the very same Year damns all those that should dare to retain the Church-Lands and declares the Treaty void Infirmnentum pacis c. Innocentii 10 me declaratio nullitatis Artic. c. and all their late Popes in the Bulla caenae do very solemnly Damn and Excommunicate all who usurp any Jurisdiction Fruits Revenues and Emoluments belonging to any Ecclesiastical person upon account of any Churches Monasteries or other Ecclesiastical Benefices or who upon any occasion or cause Sequester the said Revenues without the Express leave of the Bishop of Rome or others having lawful power to do it c. And tho upon Geod-Friday there is published a general Absolution yet out of that are expresly excluded all those who possess any Church Lands or Goods who are still left under the sentence of Excommunication Toleti Instr Sacerd. and his Explicatio casuum in Bulla caenae Dni reserva From which consideration it 's evident that it never was the design of the Pope to confirm the English Church Lands to the Lay-possessors but that he always urg'd the necessity of restoring of them to religious uses in order to which the papists prevailed to have the statute of Mortmain repealed for 20 Years In Queen Elizabeth's Reign the factious party that was manag'd wholy by Romish â—missaries demanded to have Abbtes and such Religious Houses restored for their Vse and A. D. 1585. in their petition to the Faâ—hament they set it down as a 〈◊〉 Doctrine that things once dedicated to Sacred Vses ought so to remain by the Word of God for ever and ought not to be converted to any private Vse Bishop Bancrofts Sermon at p. c. A. D. 1588. p. 25. And that the Church of Rome is still gaping after these Lands is evident from many of their late Books as the Religion of M. Luther lately printed at Oxford p. 15. The Monks wrote Anathema upon the Registers and Donations belonging to Monasteries the weight and essect of which curses are both felt and dreaded to this day To this End the Monastiâ—â—â— Anglicanum is so diligently preserved in the Vatican and other Libraries in the popish Countries and especially this appears from the obstinate refusal of this present Pope to confirm these Alienations tho it be a matter so much controverted and which would be of that vast Use towards promoting their Religion in this Kingdom If therefore the Bishops of Rome did never confirm these Alienations of Church-Lands but earnestly and strictly required their Restitution if they have declared in their Authentick Canons that they have no power to do it and both they and the last general Council pronounce an heavy Curse and Anathema against all such as detain them Then let every one that possesseth these Lands and yet own either of these Foreign Jurisdictions consider that here is nothing left to excuse him from Sacriledge and therefore with his Estate he must derive a curse to his posterity There is scarcely any Papist but that is forward to accuse King Henry the 8th of Sacriledge and yet never reflects upon himself who quietly possesseth the Fruits of it without Restitution either let them not accuse him or else restore themselves Now whatever opinions the papists may have of these things in the time of health yet I must desire to remember what the Jesuits proposed to Cardinal Pool in Doctor Pary's Days Viz. That if he would encourage them in England they did not doubt but that by dealing with the Consciences of those who were dying they should soon recover the greatest part of the Goods of the Church Dr. Burnet's Hist Vol. 2. p. 328. Not to mention that whensoever the Regulars shall grow numerous in England and by consequence burthensome to the few Nobility and Gentry of that perswasion they will find it necessary for them to consent to a Restitution of their Lands that they may share the burthen among others For so vast are the Burthens and Payments that that Religion brings with it that it will be found at length an advantagious Bargain to part with all the Church Lands to indemnifie the rest And I am confident that the Gentry of England that are Papists have found greater Burthens and Payments since their Religion hath been allow'd than ever they did for the many years it was forbid and this charge must daily encrease so long as their Clergy daily grows more numerous and their few Converts are most of them of the meanest Rank and such as want to be provided for And that 's no easie matter to force Converts may appear from that Excellent Observation of the great Emperour Charles the Fifth who told Queen Mary That by endeavouring to compel others to his own Relegion he had tired and spent himself in vain and purchas'd nothing by it but his own dishonour Card. Pool in Heylin's Hist Ref. p. 217. And to conclude this Discourse had the Act of Pope Julius the Third by his Legate Cardinal Pool in confirming of the Alienation of Church Lands in England been as valid as is by some pretended yet what shall secure us from an Act of Resumption That very Pope after that pretended Grant to Cardinal Pool published a Bull in which he Excommunicated all that kept Abby-Lands or Church Lands Burnet's Hist Vol. 2. p. 3â—9 by which all former Grants had there been any were cancell'd His Successor Pope Paul the Fourth retrieved all the Goods and Ecclesiastical Revenues that had been alienated from the Church since the time of Julius the Second and the chief Reasons that are given why the Popes may not still proceed to an Act of Resumption of these Lands in England amount only to this That they may stay for a fair opportunity when it may be done without disturbing the peace of the Kingdom From all which it 's evident that the detaining of Abby-Lands and other Church-Lands from the Monks and Friars is altogether inconsistent with the Doctrine and Principles of the Romish Religion The King's
Power in Ecclesiastical Matters truly stated HIS present Majesty having erected an High-Commission Court to enquire of and make redress in Ecclesiastical Matters c. Q. Whether such a Commission as the Law now stands be good or not And I hold that the Commission is not good And to maintain my Opinion herein I shall in the first place briefly consider what Power the Crown of England had in Ecclesiastical or Spiritual Matters for I take them to be synonymous Terms before 17 Car. 1. ca. 11. And Secondly I shall particularly consider the Act of 17 Car. 1. ca. 11. And Thirdly I shall consider 13 Car. 2. ca. 12. And by that time I have fully considered these three Acts of Parliament it will plainly appear that the Crown of England hath now no Power to erect such a Court. I must confess and do agree That by the Common Law all Ecclesiastical Jurisdiction was lodged in the Crown and the Bishops and all Spiritual Persons derived their Jurisdiction from thence And I cannot find that there were any Attempts by the Clergy to divest the Crown of it till William the First 's Time and his Successors down to King John the Pope obtained four Points of Jurisdiction First Sending of Legates into England Secondly Drawing of Appeals to the Court of Rome Thirdly Donation of Bishopricks and other Ecclesiastical Benefices And Fourthly Exemption of Clerks from the Secular Power Which four Points were gained within the space of an hundred and odd Years but with all the Opposition imaginable of the Kings and their People and the Kingdom never came to be absolutely inslaved to the Church of Rome till King John's Time and then both King and People were and so continued to be in a great measure in Henry the Third's Time and so would in all likelihood have continued had not wise Edward the First opposed the Pope's Usurpation and made the Statute of Mortmain But that which chiefly brake the Neck of this was That after the Pope and Clergy had endeavoured in Edward the Second's Time and in the beginning of Edward the Third to usurp again Edward the Third did resist the Usurpation and made the Statutes of Provisors 25 Ed. 3. and 27 Ed. 3. And Richard the Second backed those Acts with 16 Rich. 2. ca. 5. and kept the Power in the Crown by them Laws which being interrupted by Queen Mary a bloody Bigot of the Church of Rome during her Reign there was an Act made in 1 Eliz-ca 1. which is Intituled Keeble's Stat. An Act to restore to the Crown the ancient Jurisdiction over the Estate Ecclesiastical and Spiritual and abolishing all foreign Powers repugnant to the same From which Title I collect three things First That the Crown had anciently a Jurisdiction over the Estate Ecclesiastical and Spiritual Secondly That that Jurisdiction had for some time been at least suspended and the Crown had not exercised it Thirdly That this Law did not introduce a new Jurisdiction but restored the old but with restoring the old Jurisdiction to the Crown gave a Power of delegating the Exercise of it And as a Consequence from the whole that all Jurisdiction that is lodged in the Crown is subject nevertheless to the Legislative Power in the Kingdom I shall now consider what Power this Act of 1 Eliz. 1. declares to have been anciently in the Crown and that appears from Sect. 16 17 18. of the same Act. Section 16. Abolisheth all Foreign Authority in Cases Spiritual and Temporal in these VVords And to the intent that all the Vsurped and Foreign Power and Authority Spiritual and Temporal may for ever be clearly extinguished and never to be used or obeyed within this Realm or any other Your Majesties Dominions or Countries 2 May it please Your Highness that it may be further Enacted by the Authority aforesaid that no Foreign Prince Person Prelate State or Potentate Spiritual or Temporal shall at any time after the last Day of this Session of Fâ—â—liament use enjoy or exercise any manner of Power Jurisdiction Superiority Authority Preheminence or Priviledge Spiritual or Ecclesiastical within this Realm or within any other Your Majesties Dominions or Countries that now be or hereafter shall be but from thenceforth the same shall be clearly Abolished out of this Realm and all other Your Highness's Dominions for ever any Statute Ordinance Custom Constitutions or any other Matter or Cause whatsoever to the contrary in any wise notwithstanding And after the said Act hath abolished all Foreign Authority in the very next Section Sect. 17. It annexeth all Ecclesiastical Jurisdiction to the Crown in these VVords And that also it may likewise please your Heghness That it may be Established and Enacted by the Authority aforesaid That such Jurisdictions Priviledges Superiorities and Preheminencies Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical Power or Authority hath heretofore been or may lawfully be exercised or used for the Visitation of the Ecclesiastical State and Persons and for Reformation Order and Correction of the same and of all manner of Errors Heresies Schisms Abuses Offences Contempts and Enormities shall for ever by Authority of this present Parliament be Vnited and Annexed to the Imperial Crown of this Realm From these VVords That such Jurisdiction c. as by any Spiritual or Ecclesiastical Power or Authority had then-to-fore been exercised or used were annexed to the Crown I observe That the Four things aforesaid wherein the Pope had incroached were all restored to the Crown and likewise all other Ecclesiastical Jurisdiction that had been exercised or used in this Kingdom and did thereby become absolutely vested in the Crown Then Section 18. Gives a Power to the Crown to assign Commissioners to excrcise this Ecclesiastical Jurisdiction in these VVords And that Your Highness Your Heirs and Successors Kings or Queens of this Realm shall have full Power and Authority by Virtue of this Act by Letters Patents under the Great Seal of England to Assign Name and Authorize when and as often as Your Highness Your Heirs or Successors shall think meet and convenient and for such and so long time as shall pleass Your Highness your Heirs or Successors such Person or Persons being natural born Subjects to Your Highness Your Heirs or Successors as Your Majesty Your Heirs or Successors shall think meet to Exercise Vse Occupy and Execute under Your Highness Your Heirs and Succâ—ssors all manner of Jurisdictions Priviledges and Preheminencies in any wise touching or concerning any Spiritual or Ecclesiastical Jurisdiction within these Your Realms of England and Ireland or any other Your Highness's Dominions and Countries 2. and to visit Reform Redress Order Correct and Amend all such Errors Heresies Schisms Abuses Offences Contempts and Enormities whatsoever which by any manner of Spiritual or Ecclesiastical Power Authority or Jurisdiction can or may lawfully be Reformed Ordered Redressed Corrected Restrained and Amended to the pleasure of Almighty God the Increase of Vertue and the Conservation
time be safely conducted thither Nor can I avoid pleasing my self with those joyful and hopeful thoughts when I reflect upon the various steps of Divine Providence by which they are brought into that nearness of legally inheriting these Crowns Certainly there is a voice that speaketh loud to this purpose not only in Gods denying a Legitimate Issue to the Late King and in his taking away from time to time all the Lawful Male Off-spring of his present Majesty but in the uniting their Highnesses in Marriage even to the crossing a certain Persons Inclinations whom I forbear to Name as well as to the disgusting of a Neighbouring Monarch and to the defeating the busie endeavours of the Popish Party But I must return to our Author whose Injustice to their Highnesses and his malice against their Honour Interest and Reputation knows neither end nor bounds For upon Monsieur Fagel's having ask'd Who would go about to advise him or any man else to endeavour to perswade their Highnesses whom God has so far honoured as to make them Defenders of his Church to approve and promote things so dangerous and hurtful both to the Reformed Religion and to the publick safety as the Repealing of the Test Laws would be our Author does hereupon with his wonted Friendship Equity and Candor to those Excellent Princes tells us that he hath not met with so bold a Declaration as this of calling them the Protectors of Gods Church and that the ascribing it to them is a detracting from the Honour of Kings and Monarchs who will not Abdicate from themselves to any other so glorious a Title And in pursuance of his rancour towards their Highnesses he runs out in his way of Wit and Learning into a most silly and impertinent Discourse about the Nature of a Church and accuseth the Prince and Princess as if by having this Character conferred upon them they had a design to usurp from his Majesty of Great Brittain the stile of Defenders of the Faith and to challenge to themselves the being the Protectors of the Church of England Surely this Gentleman does by vertue of his Popish Zeal and Irish Understanding believe that no Titles are due to Princes in reference to the Church of God but what are derived from the Papal Chair Whereas I dare say that Monsieur Fagel in bestowing this Title upon Their Highnesses did not dream of the Roman Pontif but had been taught it by God Almighty whom I take to be the Supream and true Fountain of Honour who is pleased to character such Princes as do cherish and favour his Church by the Name of Nursing Fathers and Nursing Mothers which is the term that the Pensionary useth in reference to their Highnesses And as it is their own merit which according to the Tenor of the Divine Creation hath entitled them to this glorious stile so they are neither to be ridicul'd nor hectored out of that duty of countenancing and supporting the Reformed Religion nor to be deterred by bold and empty words from those compassionate generous and Princely Offices to sincere Orthodox Believers by which they have deserved it And while others glory in the enjoyment of the Titles of most Christian and most Catholick Kings which their Vassalage to the See of Rome their contributing to the Exaltation of the Triple Crown and their being the Popes Executioners in the shedding the Blood of Saints hath procured unto them 't is enough for their Highnesses to be by the Suffrage of all true Protestants and that agreeably to the Doctrine and Authority of the Sacred Scriptures had in esteem and reverenced for Nutritii and Protectors of Gods Church Nor do they appropriate this stile to themselves tho' they account it the brightest among all their Titles but they acknowledge it to belong equally to many others and are afflicted at nothing more than that all Potentates may not justly claim a share in it And as the Pensionary's ascribing it unto their Highnesses was out of no design to usurp upon the King of Englands Title of Defender of the Faith nor to affix any Authority unto them over that Church so it will be no presumption to add that all of the Reformed Religion in that Kingdom how much soever differing in little and circumstantial things among themselves are yet so far sensible of the obligations they are under to Their Highnesses and of the benefits they have all the Assurance to expect from them hereafter that without meaning ill either to the King or to any one else they will unanimously join in stiling them Defenders of the Christian Reformed Faith and Protectors of Gods Church professing the Protestant Religion And they will easily know with whom they are to be angry and against whom to direct their Resentments Mijn Heer Fagel had said that if the Dissenters cannot during his Majesties Reign be eased from the Penal Laws unless the Tests be also abrogated that this will be an unhappiness unto them but for which the Roman Catholicks are only to be blamed who chuse rather to be contented that they and their Posterity should remain still obnoxious to the Penal Laws and exposed to the hatred of the whole Nation than be restrained from a capacity of attempting any thing against the peace and security of the Reformed Religion Our Author whose envy and injustice against Their Highnesses is not yet fully spent doth in his imprudent and indiscreet way obtrude from hence upon the World that the Nonconformists as well as the Roman Catholicks may hereby see where their true Interest stands and that they are extreamly obliged to those in whose Name this advice is given for the Consolation afforded them in the condition under which they are stated by Law Which is as much as if he should harangue the Nonconformists into discontentment against the Prince and Princess by assuring them that they are to hope for no relief against the Penal Laws by any favour of theirs Whereas the Dissenters are not only told that their Highnesses are willing to consent but that they do fully approve that they should have an entire Liberty for the full exercise of their Religion without being obnoxious to receive any prejudice trouble or molestation upon that account So that the heat which our Author would enflame the Dissenters unto against their Highnesses ought to turn and spend it self against the Papists who rather than part with the Tests which the Nonconformists are as much concerned to have maintained as they of the National Communion can be are resolved to keep all the Penal Laws in force and to leave the Dissenters under the dread and apprehension of them But this they may be fully perswaded of that if they can escape the edge of them during this Kings Reign they will be in no danger from them in case the Nation come once to be so happy as to see their Highnesses seated on the Throne For as much as they have not only their word which was hitherto
equally partake in publick Trusts and Employments He must pardon me if I not only say he is mistaken but that it is a down-right Falsehood and that herein he betrays his wonted ignorance or at least gives us a new discovery of the insincerity that is natural to him Nor would he have vented this in so general Terms but that he did foresee if he should have condescended to particulars how easy it would have been for persons of very ordinary acquaintance either with History or the World to have both contradicted and refuted him And if there were some one or other small City where by reason of the Fewness of those of one Religion to exercise the Government and to take care of the Welfare of the Society those of the other Religion are sometimes received into Employments in order to prevent the inconveniencies which the want of a competent number of Magistrates would be attended with and where the Jealousie and Fear of being swallowed up by some envious and potent Neighbour may lay them under a necessity of agreeing better together than otherwise they would or than the principles of some of them incline them unto must we thence conclude that it ought to be so in a great Kingdom where there is so vast a number of Protestants admirably qualified with Wisdom Interest and Estates to discharge all the Offices of the Government and to manage the universal care of the Society without running the hazard of the many mischiefs that would accompany the taking the Papists into partnership with them Nor could Mijn Heer Fagel in representing what is safe or unsafe to so great and noble a Nation take notice of what is practised upon necessity in some mean Town or Corporation supposing that it were there as our Author alledgeth without transgressing against all the Rules both of prudence and decency But as the Pensionary had no where in his Letter affirmed that there were not any States or Cities in which the Protestants and Papists bear Office in Government together but had only said that Reason and Experience do shew us how impossible it will be for them when joyned together in places of Trust and publick Employments to maintain a good Correspondence and to live peaceably with one another so this is found to be so just a truth and so pertinently observed that in all the places where it hath been practised tho not in Germany as our Author ignorantly suggests they have not only lived in continual heats and dissentions but have often come to open Hostility against each other Nor hath it meerly fallen out thus in private and particular States within themselves but the like evils have often followed and ensued where more States have associated into Union for the common preservation of the Generality and where the Government hath been in some in the hands of Protestants and in others executed by Roman Catholicks Of this we have diverse Examples in the Cantons of Switzerland where thro the Magistrates being in some Cantons of the Reformed and in others of the Roman Catholick Religion they have not only been often hindred from joyning and acting vigorously as they ought to have done for the interest of all and the benefit of the common Confederation and Union but they have sometimes come to open ruptures and have been embarqued in War against one another And forasmuch as our Author makes bold to say That there was never any Christian Kingdom where the Religion that the Prince professeth and which had in former ages been Dominant was so far laid aside and banished that his Subjects professing the same with himself were shut out and precluded from Trusts and Employments I will take the freedom to tell him that it is so gross and palpable a Falsehood that none but a person of his ignorance and impudence would have had the face to have asserted it For there are Christian Kingdoms that have done more than this amounts unto and who to prevent the danger of having Papists preferred to Trusts and Employments in case a Prince of their Religion should come to the Throne have been so wise as to declare Roman Catholicks incapable either of obtaining or keeping the Soveraignty And it was in the vertue of such a Law and by reason of the dread of it that Christina Queen of Sweden upon the having taken up a resolution to turn Papist chose to demit her Crown before she declared her self as knowing that immediately after such a Declaration she would have been deposed from the Throne and possibly not have had so liberal an allowance assigned her afterwards as by that conduct she did obtain Nor is it unknown to any except it be to such as our Author is for natural and acquired accomplishments that there were not only Laws in Scotland for precluding a Popish Prince from coming to the Government but that the same thing was imployed in the English Oaths of Allegiance and Supremacy as being Oaths of such a frame and nature that it had been most incongruous to impose them upon Subjects to a King of the Roman Catholick Religion And tho these two Nations did not improve the advantage which they had by means of their legal provisions to hinder the present King from inheriting the Crowns of the respective Realms yet those Laws serve to inform us how far some Christian Kingdoms thought it lawful to go and to what heighth to Act not only against Popish Subjects but against Catholick Princes themselves Yea the time was that the very Papists were so far from condemning the having men of their Religion debarred from Trusts and Employments in Protestant Kingdoms under a Popish Prince that they made the Test Laws by which they are shut out from Offices and Declared incapable of them the great Argument against the necessity of having the Bill passed for excluding the Duke of York from the Crown and improved them as the main Engine for allaying the fears of the Nation under the apprehensions they had of his being a Roman Catholick and coming to the Throne But by their different Language now from what it was then all Englishmen understand how far they are to be believed in other cases and whether the many promises which they do make at this time in order to a further design and the putting a new Trick upon the Nation ought to be depended on by them whom they have already deceived And whereas upon Mijn Heer Fagel's having observed that the conduct of Roman Catholicks is much more severe towards Protestants than that of those of the Reformed Religion towards Papists our Author is pleased to reply that in order to judge as we should of that different procedure we are to consider whether it be not less just to banish a Religion that had been so long dominant as the Roman Catholick had been than to withstand the introduction of a new Religion that would depress and supplant the old All I shall say in reference to this is
enacted for our security which to every ones knowledge are so palpably false that we have all the ground that may be both to question and suspect his sincerity and to conclude that his Masters do not purpose to confine themselves within the bounds that he is pleased to chalk out for them and which he undertakes they shall be contented with for their allotment For what can be remoter from Truth than that the Test Laws were designed as a preamble to the Bill of Exclusion as he phrases it Letter first and that they were contrived to exclude the Duke of York from the Crown as he expresseth it p. 15. of his Good Advice c. when it is most certain that as the Test in 73. was made long before there were or could be any thoughts of it and was enacted by a Parliament against whose Loyalty there can be no exception so there was a clause in the last Test Act by which it was provided that he should not be obliged to take it Again what can be more repugnant to experience than that the King onely desires ease for those of his Religion Good Adv. p. 44. and that the Papists desire no more than a Toleration and are willing upon those Terms to make a perpetual peace with the Church of England Good Advice p. 17. For do we not daily see Protestants turned out of all Places of Trust Authority and Command and Papists advanced into all Offices Military and Civil Could the King have been contented with a Non-execution of the Laws against those of his Communion and could they have been satisfied with such an Indulgence and have modestly improved it 'T is not improbable but that such a behaviour would have so far prevailed upon the ingenuity and good nature of the generality of Protestants that without needing to have been importuned they would have repealed all the Penal Laws against Roman Catholicks But the methods which have been pursued by his Majesty and them shews both that they aim at no less than the Domination and that we must be very willing to be deceived if we either credit Mr. Pen or suffer our selves to be influenced by him after his obtruding upon us for truths matters which our very senses inable us to refute It may justly make us question his sincerity and beget a suspition in all thinking people of the sinistrous design these Papers are adapted unto when we find him endeavouring to cajole the Nation to an abrogation of the Laws by which our Religion and Safety are secured by telling us That the King's word is enough for us to rely upon if they were gone Good Advice p. 49. and that he could easily pack a Parliament for Repealing them if he did not seek a more lasting and more agreeable security to his Friends Letter third p. 12. and that if they were abolished 't is below the Glory of our King to use ways so unlike the rest of his open and generous principles as to endeavour to get a Parliament afterwards returned that is not duly chosen Letter second p. 15. and that he is a Prince of that Honour Conscience and generoas nature as not by invading the Rights of the Church of England to become guilty of an injustice and irreligion he hath so often so solemnly and earnestly spoken against Letter second p. 11. He must needs take us to be strangely unacquainted with the whole Tenor of the King's Actings in England as well as in Scotland and Ireland and to be persons of very weak understandings and of an easie belief if he think we are to be imposed upon and decoy'd by such Topicks as these to absolish the Tests or that after what we have seen and felt contradictory to those Panegyricks and inconsistent with those beautiful and lofty Characters fastned upon his Majesty we should believe Mr. Pen to mean nothing but well and honestly towards the Protestant Interest in what he so earnestly solliciteth the Church of England and the Dissenters in the forementioned Papers to concurr and consent unto I do acknowledge that what he hath said about Liberty due to men in matters of meer Religion and by way of rebuke unto and reflection upon the Wisdom and Justice of those that either are or have been for persecution is very strong and convincing but I must withall add that it is all at this time very needless and impertinent For the Church of England is so sensible of the Iniquity as well as folly of that Method that there is no ground to suspect She will ever be guilty of it for the future They whom no Arguments could heretofore convert the Court whose Tools they were in that mischievous and Unchristian work and by whom they were instigated to all the severities which they are now blamed for by objecting it to them as their Reproach and Disgrace and by seeking to improve the resentments of those who had suffered by Penal Laws to become an united party with the Papists for their subversion hath brought them at once to be asham'd of what they did and to Resolutions of promoting all Christian Liberty for the time to come And should there be any peevish and ill-natur'd Ecclesiasticks who upon a turn of Affairs would be ready to reassume their former principles and pursue their wonted course we may be secure against all fear of their being successful in it not only by finding the Majority as well as the more learned both of the dignified and inferior Clergy unchangeably fixed and determined against it but by having the whole Nobility and Gentry and those Noble Princes whose right it will be next to ascend the Throne fully possessed with all the generous and Christian purposes we can desire of making provision for Liberty of Conscience by a Law Nor can I forbear to subjoyn how surprizing it ought to be to all Protestants that while Mr. Pen expresseth so much charity for the Papists he entertaineth so little for the Church of England He would perswade us that if the Penal and Test Laws were abrogated the Papists would be so far afterward from seeking to shake the Constitution of the Church of England or from breaking in upon the Liberty that is now vouchsafed unto Dissenters or from endeavouring to make their Religion National that they would not onely be contented with a bare Toleration but that upon their enjoyment of ease by Law they would turn good Countrymen and come in to the Interest of the Kingdom Letter first Whereas at the same time he would have us believe that all the Protestations of those in the Communion of the Church of England for exercising Moderation in time to come are but the Language of their fear that their promises are not to be trusted Good Advice p. 54. and that the Dissenters deserve to be begged for Fools should they be satisfied with any less assurance than the abolition of the Penal and Test Laws ibid. p. 55. 'T is enough not onely to excite
maintain them For as no Papist is prejudiced by them in his person or property so they are the most innocent and moderate security we can have for the preservation of our selves and of our Religion Nor could any thing justifie the Wisdom of the Nation in being without them so long but that we were not till then suspicious of the Religion of the Regnant Prince nor apprehensive before of the misfortune of having a Popish Successor And whereas Mr. Pen tells us that it were ridiculous to talk of giving liberty of Conscience and at the same time imagine that the Tests ought to be continued Good Adv. p. 59. We may not onely reply that Liberty of Conscience has no Relation to Mens being admitted unto Civil Trusts but that the same is practised in several States and Governments both Popish and Protestant and in Pensilvania it self where I suppose Liberty of Conscience is allowed For as we find freedom vouchsafed to Men in matters of Religion both in Holland and in diverse Protestant States in Germany without their being capable of Claiming a share in the Magistracy so though the Protestant Religion be tolerated in Collen yet it is with a preclusion of all of that Religion from Authority Whatsoever else Mr. Pen says upon this head is so despicably weak that as I neither judge it worthy to be taken notice of nor have Room to do it so I am confident that be his Religion what it will which by reason of his late Papers I have more Reason to suspect than ever he writes as much against his conscience and Judgment as against the Pattern and Example which he hath set us in Pensilvania I confess the Dissenters are under more temptations than other Protestants to wish for and to endeavour the Abrogation of the Penal Laws And as this makes them to be the more particularly applied unto by the Court for the promoting of it so it renders them the more liable to be influenced by Discourses of the nature and complexion that Mr. Pen's are of But I hope they will consider that the preservation of the Protestant Religion to themselves their posterity and the Kingdom is more valuable than a little temporal ease and which they onely hold by the precarious tenure of the King's word Surely they cannot be so infatuated as to think that the Papists love them or that they will trust them any longer than they have occasion to use them I would think that it should both make them blush to find themselves coupled with Roman Catholicks in Courts and Employments while their fellow Protestants are shut out and make them jealous that they are onely made use of for some mischievous and sinistrous end They can never hope to lay such a merit upon the Court as the Church of England hath done and her reward may forewarn them what they are to expect when they have done the job that is allotted for them His Majesties sincerity in giving liberty to Dissenting Protestants may be easily guessed at by his ordering 26 poor Scots Dissenters to be sent to the Barbadoes for slaves and this both since the Emitting of his First Proclamation for a Toleration and without the having any thing objected to them but what concerned their Consciences in matters of Religion The Terms upon which Phanaticks are to enjoy his Majesties favour and how long they are to expect the continuance of that mighty Grace we have declared by himself as they stand recorded in my Lord Melfort's Letter to the Presbyterian Ministers in Scotland Namely That he intends to continue their Liberty if he have suitable encouragement and concurrence from them in their Doctrine and Practice and if they concur with him in removing of the Penal Laws This is the Task that they are indulged and preferred for and 't is a wonder that they do not foresee that their destiny will be one and the same in case they have once done it as if they do it not This is the Fountain of all his Majesties friendship to them and the glorious assertion of its having been always his Principle that Conscience ought not to be constrained and that none ought to be persecuted for meer matters of Religion is at last dwindled into this that he will give them Liberty so long as they will concurr and cooperate with him in his introducing of Popery and till they have destroyed the Laws by which our own Religion is fenced about and defended Certainly it is high time to consider what this is which is exacted of them and what hazard they not onely expose the Nation and the Gospel unto but what guilt they derive upon themselves if they undertake and pursue it Nor can they promote the Repealing of the Penal Laws against Papists and the Test Statutes without running themselves under the guilt of Perjury and the making themselves chargeable before God with all the blood that was shed in the War between King Charles I. and the Parliament For as one of the Articles of the Solemn League and Covenant was to endeavour to extirpate Popery so the countenance and incouragement which that Prince gave to Papists was a main ingredient in the State of the Quarrel for which they drew their Swords against him and in the assertion whereof so many thousands lost their lives Can they now be willing to act in direct opposition to that Covenant which rather than renounce and disclaim the obligatory force of many of them have suffered so much or would they have the guilt of all the blood lye upon them which was shed in the former long and fatal War I 'm perswaded that many who are most forward to pursue the Abrogation of the Tests and Penal Laws against Papists never gave themselves leave to think what they are hurried unto Mr. Pen tells them he will beg them for Fools if they do it not Good Advice p. 54. and I dare take upon me to say that they are most Execrable Knaves and Villains if they do it Is it possible they should be so deprived of all understanding as not to perceive themselves meerly trick't upon and made use of for Tools to promote a Design which others have the wisdom and integrity not to be instrumental in when Jeffreys who a while ago said on the Bench Shew me a Fanatick and I will shew you a Knave and that 't was impossible to be a Fanatick and not to be a Rebel should now caress them as his Majesties best and most Loyal Subjects and tell them upon their being advanced to Offices That he is glad to find honest men come to be employed which was the Complement he lately bestowed upon Sir John Shorter 'T is likely they may be told that if they will fall in with the Papists for destroying the Church of England that they shall be secured from the Resentments of the next Heir by having the Monarchy made dissolvable into a Republick upon his Majesties death And this would seem to be
him and that 't is no wonder he should exact an Obedience without reserve from his Subjects in Scotland seeing he himself yields an Obedience without reserve to the Jesuits 'T is known how that by the Rules of their Institution no Jesuit is capable of the Mitre and that if the Ambition of any of them should tempt him to seek or accept the Dignity of a Prelate he must for being capacitated thereunto renounce his Membership in the Order Yet so great is His Majesties Passion for the Honor and Grandeur of the Society and such is their Domination and absolute Power over him that no less will serve him neither would they allow him to insist upon less than that the Pope should dispense with Father Peters being made a Bishop without his ceasing to be a Jesuit or the being transplanted into another Order And this the old Gentleman at Rome hath been forced at last to comply with and to grant a Dispensation whereby Father Peters shall be capable of the Prelature notwithstanding his remaining in the Ignatian Order the Jesuits through their Authority over the King not suffering him to recede from his Demand and His Majesty's Zeal for the Society not permitting him to comply either with the Prayers or the Conscience and Honor of the Supreme Pontiff Not only the King's Unthankfulness unto but his illegal Proceedings against and his Arbitrary invading the Rights of those who stood by him in all his Dangers and Difficulties and who were the Instruments of preventing his Exclusion from the Crown and the chief means both of his Advancement to the Throne and his being kept in it are so many new Evidences of the ill will he bears to all Protestants and what they are to dread from him as Occasions are Administred of Injuring and Oppressing them and may serve to convince all impartial and thinking People that his Popish Malice to our Religion is too strong for all Principles of Honor and Gratitude and able to cancel the Obligations which Friendship for his Person and Service to his Interest may be supposed to have laid him under to any heretofore Had it not been for many of the Church of England who stood up with a Zeal and Vigor for preserving the Succession in the right Line beyond what Religion Conscience Reason or Interest could conduct them unto he had never been able to have out-wrestled the Endeavors of Three Parliaments for ex-excluding him from the Imperial Crown of England And had it not been for their Abetting and standing by him with their Swords in their Hands upon the Duke of Monmouth's Descent into the Kingdom Anno 1685 he could not have avoided the being driven from the Throne and the having the Scepter wrested out of his Hand Whosoever had the Advantage of knowing the Temper and Genius of the late King and how afraid he was of embarking into any thing that might import a visible Hazard to the Peace of his Government and draw after it a general Disgust of his Person will be soon satisfied that if all his Protestant Subjects had united in their Desires and concurred in their Endeavors to have had the Duke of York debarred from the Crown that his late Majesty would not have once scrupled the complying with it and that his Love to his Dear Brother would have given way to the Apprehension and Fear of forfeiting a Love for himself in the Hearts of his People especially when what was required of him was not an Invasion upon the Fundamentals of the Constitution of the English Monarchy nor dissonant from the Practice of the Nation in many repeated Instances Nor can there be a greater Evidence of the present King 's ill Nature Romish Bigottry and prodigious Ingratitude as well as of the Design he is carrying on against our Religion and Laws than his Carriage and Behavior towards the Church of England tho I cannot but acknowledge it a righteous Judgment upon them from God and a just Punishment for their being not only so unconcerned for the Preservation of our Religion and Liberties in avoiding to close with the only Methods that were adapted thereunto but for being so Passionate and Industrious to hasten the Loss of them through putting the Government into ones hands who as they might have foreseen would be sure to make a Sacrifice of them to his beloved Popery and to his inordinate Lust after despotical and Arbitrary Power And as the only Example bearing any Affinity to it is that of Louis XIV who in recompence to his Protestant Subjects for maintaining him on the Throne when the late Prince of Conde assisted by Papists would have wrested the Crown from him hath treated them with a Barbarity whereof that of Antiochus towards the Jews and that of Diocletian and Maximian towards the Primitive Christians were but scanty and imperfect Draughts so there wants nothing for compleating the Parallel between England and France but a little more time and a fortunate Opportunity and then the deluded Church-men will find that Father Peters is no less skillful at Whitehall for transforming their Acts of Loyalty and Merit towards the King into Crimes and Motives of their Ruin than Pere de la Chaise hath shewn himself at Versailles where by an Art peculiar to the Jesuits he hath improved the Loyalty and Zeal of the Reformed in France for the House of Bourbon into a reason of alienating that Monarch from them and into a ground of his destroying that dutiful and obedient People It will not be amiss to call over some of his Majesty's Proceedings towards the Church of England that from what hath been already seen and felt both they and all English Protestants may the better know what they are to expect and look for hereafter Tho it be a Method very unbecoming a Prince yet it shews a great deal of Spleen to turn the former Persecution of Dissenters so maliciously upon the Prelatical and Conforming Clergy as his Majesty doth in his Letter to Mr. Alsop in stiling them a Party of Protestants who think the only way to advance their Church is by undoing those Churches of Christians that differ from them in smaller Matters Whereas the Severity that the Fanaticks met with had much of its Original at Court where it was formed and designed upon Motives of Popery and Arbitrariness and the Resentment and revengeful Humor of some of the old Prelates and other Church-men that had suffered in the late times was only laid hold of the better to justifie and improve it And tho it be too true that many of the dignified Rank as well as of the little Levites were both extremely fond of it and contentiously pleaded for it yet it is as true that most of them did it not upon Principles of Judgment and Conscience but upon Inducements of Retaliation for conceived Injuries and upon a belief of its being the most compendious Method to the next Preferment and Benefice and the fairest way of standing
recommended to the Favor of the two Royal Brothers Nor is it unworthy of Observation that some of the most virulent Writers against Liberty of Conscience and others of the most fierce Instigators to the persecuting Dissenters among whom we may reckon Parker Bishop of Oxford and Cartwright Bishop of Chester are since Addressing for the Declaration of Indulgence became the means of being graciously look'd upon at Whitehall turned forward Promoters of it tho their Success in their Diocesses with their Clergy hath not answered their Expectations and Endeavors For as these two Mytred Gentlemen will fall in with and justifie whatsoever the King hath a mind to do if they may but keep their Seas and enjoy their Revenues which I dare say that rather than lose they will subscribe not only to the Tridentine Faith but to the Alcoran so it is most certain that they two as well as the Bishop of Durham have promised to turn Roman Catholicks and that as Crew hath been several times seen assisting at the Celebration of the Mass and that as Cartwright paid a particular respect to the Nuncie at his solemn Entrance at Windsor which some Temporal Lords had so much Conscience and Honor as to scorn to do so the Author of the Liege Letter tells us that Parker not only extremely favors Popery but that he brands in a manner all such for Atheists who continue to plead for the Protestant Religion 'T is an Act of the same Candor and good Nature in the King with the former and another Royal Effect of his Princely Breeding as well as of his Gratitude when he Endeavors to cast a farther Odium upon the Church of England and to exasperate the Dissenters against her by saying in the forementioned Letter to Mr. Alsop That the reason why the Dissenters enjoyed not Liberty sooner is wholly owing to the Sollicitation of the Conforming Clergy whereas many of the learned and sober Men of the Church of England could have been contented that the Non-conforming Protestants should have had Liberty long ago provided it had been granted in a legal way and the chief Executioners of Severity upon them were such of all Ranks Orders and Stations as the Court both set on and rewarded for it 'T is not their Brethrens having Liberty that displeaseth modest and good Men of the Church of England but 't is the having it in the virtue of an Usurped Prerogative over the Laws of the Land and to the shaking all the legal Foundations of the Protestant Religion it self in the Kingdom And had the Declaration of Indulgence imported only an Exemption of Dissenters and Papists from Rigors and Penalties I know very few that would have been displeased at it but the extending it to the removing all the Fences about the Reformed Doctrine and Worship and laying us open both to the tyranny of Papists and the being overflowed with a deluge of their Superstitions and Idolatries as well as the designing it for a means to overthrow the established Church is that which no wise Dissenter no more than a conformable man knows how to digest For I am not of Sir R. L'Estrange's mind who after he hath been writing for many years against Dissenters with all the venom and malice imaginable and to disprove the wisdom justice and convenience of granting them liberty hath now the impudence to publish that whatsoever he formerly wrote bears an exact conformity to the present Resolutions of State Pref. to his Hist of the Times p. 8. in that the liberty now vouchsafed is an Act of Grace issuing from the supreme Magistrate and not a claim of Right in the people And as to recited expressions of the King they are only a papal trick whereby to keep up heats and animosities among Protestants when both the inward heats of men are much allay'd and the external provocations to them are wholly removed and they are merely Jesuitick methods by which our hatred of one another may be maintain'd tho the Laws enabling one party to persecute the other which was the chief spring of all our mutual rancor and bitterness be suspended It would be the sport and glory of the Ignatian Order to be able to make the disabling of penal Laws as effectual to the supporting differences among Protestants as the enacting and rigorous execution of them was to the first raising and the continuing them afterwards for many years And if the foregoing Topicks can furnish the King arguments whereby to reproach the Ch. of England when he thinks it seasonable and for the interest of Rome to be angry with them I dare affirm he will never want pretences of being discontented with and of aspersing Fanaticks when he finds the doing so to be for the service of the papal cause And if the forementioned instances of his Majesty's behaviour to the Ch. of England to which he stands so superlatively obliged be neither testimonies of his Ingenuity evidences of his Gratitude nor effects of common much less royal Justice yet what remains to be intimated does carry more visible marks of his malice and design both against the legally established Church and our Religion For not being satisfied with the suspension of all those Laws by which Protestants and they of the national Communion might seem to be injurious to Papists in their Persons and Estates such as the Laws which make those who shall be found to have taken Orders in the Ch. of Rome obnoxious to death or those other Statutes by which the King hath Power and Authority for levying two thirds of their Estates that shall be convicted of Recusancy but by an usurped Prerogative and an absolute Power he is pleased to suspend all the Laws by which they were only disabled from hurting us thro standing precluded from places of Power and Trust in the Government So that the whole security we have in time to come for our Religion depends upon the temperate disposition and good nature of those Roman Catholicks that shall be advanced to Offices and Employments and does no longer bear upon the protection and support of the Law and I think we have not had that experience of grace and favour from Papists as may give us just confidence of fair and candid treatment from them for the future Now that we may be the better convinced how little security we have from his Majesty's promise in his Declaration of his protecting the Archbishops Bishops and Clergy and all other his Subjects of the Church of England in the free exercise of their Religion as by Law established and in the quiet and full enjoyment of their poffessions without any molestation or disturbance whatsoever which is all the Tenour that is left us 't is not unworthy of observation how that beside the suspending the Bishop of London ab Officio and the Vice-Chancellor of Cambridge both ab Officio and Beneficio and this not only for Actions which the Laws of God and the Kingdom make their duty but
Edward VI. but had the Royal Faith of Q. Mary laid to pledg in a Promise made to the Men of Suffolk that nothing should be done towards its Subversion or whereby they might be hindred in the free Exercise of it But as neither Law nor Promise could prove restraints upon Mary to hinder her from subverting Religion and burning Protestants so the Obligation of Gratitude that she was under to the Men of Suffolk for their coming in so seasonably to her Assistance against the D. of Northumb. who was in the field with an Army in the name of the Lady Jane Gray whom the Council had proclaimed Queen could not excuse them from sharing in the Severity that others met with it being observed that more of that County were Burnt for Religion than of any other Shire in England And 't is greatly to be feared that this piece of her Example will not escape being conform'd unto by the King in his Carriage towards those that eminently served him as well as all the rest of it in his Behaviour towards Protestants in general Nor is it possible to conceive that the Papists living at that ease and quietness which they did under his late Majesty of whose being of their Religion they were not ignorant as appears by the Proofs they have vouchsaf'd the World of it since his death would have been in so many plots for destroying him and at last have hastned him to his Fathers as can be demonstrated whensoever it is seasonable had they not been assur'd of more to be attempted by his Successor for the Extirpation of Protestants than Charles could be wrought up unto or prevail'd upon to expose his Person and Crown to the danger and hazard of For as it is not merely a Prince's being a Papist and mild gentle and favorable to Catholicks that will content the fiery Zealots of the Roman Clergy and the Regular Orders but he must both gratifie their Ambition in exalting them to a Condition above all others and serve their inhuman Lusts and brutal Passions in not suffering any to live in his Dominions that will not renounce the Northern Heresie so it is not more incredible that they should dispatch a Prince by an infusion in a Cup of Tea or Chocolate whom tho' they knew to be a Papist yet they found too cold and slow in promoting their Designs than that they should have murder'd another by a consecrated Dagger in the hand of Ravilliac the one being both more easie to be detected and likelier to derive an universal Hatred and Revenge upon them than the other And as the King 's being conscious of that parricide committed upon his Brother plainly tells us that there is nothing so abominable and barbarous which he hath not a Conscience that will swallow and digest so the Promotion of the Catholick Cause being the Motive to that horrid Crime we may be sure that what is hitherto done in favor of Papists falls much short of what is intended there being something more meritorious than all this amounts unto needful to attone for so barbarous a Villany which can be nothing else but the extirpating the Protestant Religion out of the three Kingdoms Nor is it probable that the present King who is represented for a Person ambitious of Glory would lose the Opportunities wherewith the present posture of Affairs in the World presents him of being the Umpire and Arbiter of Christendom and of giving check to the Grandeur and Usurpations of a neighboring Monarch to whom all Europe is in danger of becoming enslaved if he were not swallowed up in the Thoughts of a Conquest over the Consciences Laws and Liberties of his own People and of subjugating his Dominions to the Sea of Rome and had he not Hopes and Assurances of Aid and Assistance therein from that Monarch as he is emboldned and encouraged thereunto by his Pattern and Example What the Papists have all along been endeavoring for the Subversion of our Religion during and under the Reigns of Protestant Princes may yet farther inform and confirm us what they will infallibly attempt upon their having gotten one into the Throne who is not only in all things of their own Faith but of an Humor agreeable unto their Desires and of a Temper every way suited and adapted to their Designs Tho' the Protestant Religion had obtain'd some entrance into several States and Kingdoms and had made some considerable spread in Europe before it came to be generally received and established upon Foundations of Law in England yet they of other Countries were little able to defend themselves from the Power and Malice of the Church of Rome and of Popish Princes and many of them were very unsuccessful in Endeavors of that nature till England in Qu. Elizabeths time by espousing their Cause and undertaking their Quarrel not only wrought out their Safety but made them flourish This the Court of Rome and the Priests grew immediately sensible of and have therefore moulded all their Counsels ever since against England as being both the Bulwark of the Protestant Religion and the Ballance of Europe All the late attempts for the Extirpation of the Protestant Religion in France and elsewhere are much to be ascribed to the Confidence the Papists had in the late King and his Brother of their giving no Discouragement nor Obstruction to so holy a Design and thereupon as the first Edicts for infringing the Liberty and weakning and oppressing Protestants in France and the persecution in Hungary commenced and bore date with the Restoration of the Royal Family and multiplied and encreased from year to year as they grew into farther assurance of the Royal Brothers approving as well as conniving at what was done so that for the abolition of the Edict of Nants and the total Suppression of the Reformed Religion in France was emitted upon his present Majesty's being exalted to the Throne and the encouragement he gave them to a Procedure which as he now justifies he will hereafter imitate It were to suppose English Protestants exceedingly unacquainted with the History of their own Nation to give a long Deduction of what the Papists have attempted for the Extirpation of our Religion while we had Princes on the Throne whose Belief and Principles in Christianity led them to assert and defend the Reformation and who had Courage as well as Integrity to punish those that conspired against it Their many Conjurations against Queen Elizabeths Person and their repeated Endeavors of bringing in Foreigners and of betraying the Nation to the Spaniards who were to convert the Kingdom as they had done the West-Indies by killing the Inhabitants are sufficiently known to all who have allowed themselves leisure to read or who have been careful to remember what they have been often told by those that have inspected the Memoirs of those times The Gunpowder-plot with the Motives unto it and the extent of the mischief it was shapen for together with the insurrection they
were prepared for in case it had succeeded and the foreign aid they had been solliciting and were promised and all for the extirpation of English Hereticks are things so modern and which we have had so many times related to us by our Fathers that it is enough barely to intimate them The Irish Massacre in which above 200000 were murder'd in cold blood and to which there was no provocation but that of hatred to our Religion and furious zeal to extirpate Hereticks ought at this time to be more particularly reflected upon as that which gives us a true scheme of the manner of the Church of Rome's converting Protestant Kingdoms and being the Copy they have a mind to write after and that in such Characters and lines of blood as may be sure to answer the Original At the season when they both entred upon and executed that hellish conjuration they were in a quiet and peaceable enjoyment of the private exercise of their Religion yea had many publick meeting-places thro the means of the Queen and many great friends which they had at Court and were neither disturbed for not coming to Church nor suffered any severities upon the account of their Profession but that would not satisfie nor will any thing else unless they may be allowed to cut the throats or make bonefires of all that will not join with them in a blind obedience to the Sea of Rome and of worshipping S. Patrick The little harsh usages which the Papists at any time met with there or in England they derived them upon themselves by their Crimes against the State and for their Conspiracies against our Princes and their Protestant Subjects For till the Pope had taken upon him to depose Queen Elizabeth and absolve her Subjects from their Allegiance and till the Papists had so far approved that Act of his Holiness as to raise Rebellions at home and enter into treasonable confederacies abroad there were no Laws that could be stiled severe enacted in England against Papists and the making of them was the result of necessity in order to preserve our selves and not from an inclination to hurt any for matters of mere Religion Such hath always been the moderation of our Rulers and so powerful are the incitements to lenity which the generality of Protestants through the influence and impression of their Religion especially they of a more generous education have been under towards those of the Roman Communion that nothing but their unwearied restlesness to disturb the Government and destroy Protestants hath been the cause either of enacting those Laws against them that are stiled rigorous or of their having been at any time put into execution And notwithstanding that some such Laws were enacted as might appear to savour of severity yet could they have but submitted to have dwelt peaceably in the Land they would have found that their mere belief and the private practice of their Worship would not have much prejudiced or endangered them and that tho the Laws had been continued unrepealed yet it was only as a Hedge about us for our protection and as Bonds of obligation upon them to their good behaviour To which may be added that more Protestants have suffered in one year by the Laws made against Dissenters and to the utmost height of the penalties which the violation of them imported and that by the instigation of Papists and their influence over the late King and his present Majesty than there have Papists from the beginning of Queen Elizabeth's Reign to this very day tho there was a difference in the punishments they underwent However we may from their many and repeated attempts against us while we had Princes that both would and could chasten their insolencies and inflict upon them what the Law made them obnoxious unto for their outrages gather and conclude what we are now to expect upon their having obtained a King imbu'd with all the persecuting and bloody principles of Popery and perfectly baptised into all the Doctrines of the Councils of Lateran and Constance And it may strengthen our faith as well as increase our fear of what is purposed against and impends over us in that they cannot but think that the suffering our Religion to remain in a condition to be at any time hereafter the Religion of the State and of the universality of the People may not only prove a means of retrieving Protestancy in France and of assisting to revenge the barbarities perpetrated there upon a great and innocent people but may leave the Roman Catholicks in England exposed to the resentment of the Kingdom for what they have so foolishly and impudently acted both against our Civil Rights and Established Religion since James II. came to the Crown and may also upon the Government 's falling into good hands and Magistrates coming to understand their true Interest which is for an English Prince to make himself the Head of the Protestant cause and to espouse their quarrel in all places give such a Revolution in Europe as will not only check the present Career of Rome but cause them repent the methods in which they have been engaged These things we may be sure the Papists are aware of and that having proceeded so far they have nothing left for their security from punishments because of crimes committed but to put us out of all capacity of doing our selves Right and them Justice and he must be dull who does not know into what that must necessarily hurry them It being then as evident as a matter of this nature is capable of what we are to expect and dread from the King both as to our Religion and Laws we may do more than presume that the late Declaration for liberty of Conscience and the Proclamation for a Toleration are not intended and designed for the benefit and advantage of the Reformed Religion and that whatsoever motives have influenced to the granting and emitting of them they do not in the least flow or proceed from any kindness and good will to Protestant Dissenters And though many of those weak and easie People may flatter themselves with a belief of an interest in the Kings favour and suffer others to delude them into a persuasion of his bearing a gracious respect towards them yet it is certain that they are People in the world whom he most hates and who when things are ripe for it and that he hath abused their credulity into a serving his Ends as far as they can be prevailed upon and as long as the present Juggle can be of any advantage for promoting the Papal Cause will be sure not only to have an equal share in his displeasure with their Brethren of the Church of England but will be made to drink deepest in the cup of fury and wrath that is mingling and preparing for all Protestants No provocation from their present behaviour tho it is such as might warm a person of very cool temper much less offences of another complexion
have provok'd the then Duke of York's Indignation and have exposed the Party that did it to Discountenance and Disgrace The Question is not what is convenient to be done in some measure and degree and in reference to those whose Religion does not oblige them to destroy all that differ from them when they have opportunity for it but the Point in debate is who hath the legal Power of doing it and of fixing its Bounds and Limits It was never pretended that the King ought to be shut out from a Share in Suspending and Repealing Laws but that the sole Right of doing it belongs to him is what cannot be allowed without changing the Constitution and placing the whole Legislative Authority in His Majesty And as it is an Usurpation in the King to challenge it and a Treachery in English Subjects to acknowledge it so the Inconveniences that this or that Party are in the mean time exposed unto through the Laws remaining in Force are rather to be endured than that a Power of giving Ease and Relief farther than by Connivance should be confessed to reside in any one in whom the Laws of the Community have not placed it 'T is better to undergo Hardships under the Execution of unjust Laws than be released from our Troubles by a Power Usurped over all Laws For by the one the Measures of Government as well as the Rights and Privileges of a Nation are destroy'd whereas by the other only a part of the People are Afflicted and unduly dealt with While we are govern'd by Laws tho several of them may be Injust and Inconvenient yet we are under a Security as to all other things which those Laws have not made liable but when we fall under an illimited Prerogative and Absolute Power we have no longer a Title unto or a hedge about any thing but all lies open to the Lust and Pleasure of him in whom we have owned that Power to be seated A Liberty is what Dissenters have a Right to Claim and which the Legislative Authority is bound by the Rules of Justice and Duty as well as by Principles of Wisdom and Discretion to grant And I am sorry that while they stood so fair to obtain it in a Legal and Parliamentary way any of them by acknowledging a Right in another to give it and that in a manner so Subversive of the Authority of Parliaments should have rendred themselves unworthy to receive it from them to whom the Power of Bestowing it does belong Not but that a Toleration will be always due to their Principles but I know not whether the particular Men of those Principles who have by their Addresses betray'd the Kingdom may not come to be judged to have forfeited all Share in it for their Crime committed against the Constitution and the whole Politick Society Nor is there any thing more Just and Equal than that they who surrender and give away the Rights both of Legislators and Subjects should lose all Grace and Favor from the former and all Portion among the latter And how much soever some Protestant Dissenters may please themselves with the Liberty that at present they enjoy in the virtue of the two Royal Papers yet this may serve to moderate them in their Transports of Gladness that they have no solid Security for the Continuance of it For should a Parliament null and make void the Declaration for Liberty and impeach the Judges for declaring a Power vested in the King to suspend so many Laws and for forbearing upon the King's Mandat to execute them the Freedom that the Dissenters possess would immediately vanish and have much the same Destiny that the Liberty had which was granted unto them by the Declaration of Indulgence Anno 1672. Or should the Parliament be willing to grant Ease and Indulgence to all Protestants by a Bill prepared for Repealing of all the Laws formerly made against them and should only be desirous to preserve in force the Laws relating to the Oaths of Allegiance and Supremacy and the Statutes which enjoyn the Tests of whose Execution we never more wanted the Benefit in order to our Preservation from Popery and which an English Parliament cannot be supposed willing to part with at a time when our Lives Estates and Religion are so visibly threatned to be swallowed up and destroyed by the Papists In that case we may confidently believe that the King instead either of Assenting to such a Bill for separate Favor to Protestants or persevering in his Compassion and Kindness of continuing the Suspension of the Laws against Dissenters he would from an inveterate Enmity as well as from a new contracted Resentment be stirred up and enraged to the putting the Laws in Execution with greater Rigor and Severity than hath been seen or felt heretofore And all that the Addressers would then reap by the Declaration would be to undergo the furious Effects of Brutal Rage in their Persecutors and to be unpitied by the Kingdom and unlamented by their fellow Protestants Or should his Majesty in favor to his good Catholicks resolve against the Meeting of a Parliament or to Adjourn and Prorogue them whensoever he shall find that instead of confirming what he hath done they shall make null his Declaration vote his pretended Prerogative Illegal and Arbitrary and fall upon those Mercenary and Perjured Villains who have allowed him a Power transcendent to Law yet even upon that Supposal which is the best that can be made to support Mens hopes in the continuance of the present Liberty the Protestant Dissenters would have but slender Security all the Tenure they have for the Duration of their Freedom being only Precarious and depending merely upon the King's Word and Promise which there is small ground to rely upon Nor can He be true to them without being false to his Religion which not only gives Him leave to break his Faith with Hereticks but obligeth Him to it and to destroy them to boot and that both under the pain of Damnation and of forfeiting his Crown and losing his Dominions And how far the Promise and Royal Word of a Catholick Monarch is to be trusted unto and depended upon we have a modern Proof and Evidence in the Behavior of Louis de Grand towards his Reformed Subjects not only in Repealing the many Edicts made and confirmed by himself as well as his Ancestors for the free Exercise of their Religion but in the Methods he hath always observed namely to promise them protection in the profession of their Faith and practice of their Worship when he was most stedfastly resolved to subvert their Religion and was about making some fresh advance and taking some new step for its Extirpation Thus when he had firmly purposed not to suffer a Minister to continue a year in the Kingdom he at the same time published an Edict requiring Ministers to serve but three Years in one Place and not to return to the Church where they had first Officiated
till after the expiration of twenty Years In the same manner when he had resolved to Repeal the Edict of Nantes and had given injunction for the Draught by which it was to be done he at the same season gave the Protestants all assurances of Protection and of the said Edicts being kept Inviolable To which may be added that shameful and detestable Chicanery in passing his Sacred and Royal Word that no violence should be offered any for their Religion tho at that very moment the Dragoons were upon their March with orders of exercising all manner of Cruelties und Barbarities upon them So that his Majesty of Great Britain hath a Pattern lately sent him and that by the Illustrious Monarch whom he so much admires and whom he makes it his Ambition and Glory to imitate Nor are we without proofs already how insignificant the King's Promises are except to delude and what little confidence ought to be put in them The disabling and suspending the 13th Statute of his late Parliament in Scotland wherein the Test was Confirmed and his departing from all his Promises Registred in his Letter as well as from those contained in the Speech made by the Lord Commissioner pursuant to the Instructions which he had undoubtedly receiv'd together with his having forgotten and receded from all his Promises made to the Church of England both when Duke of York and since he came to the Crown are undeniable evidences that his Royal Word is no more Sacred nor Binding than that of some other Monarchs and that whosoever of the Protestants shall be so foolish as to rely upon it will find themselves as certainly disappointed and deceived as they of the Reformed Religion elsewhere have been And while they of the Established way find so small security by the Laws which the King is bound by his Coronation Oath to observe the Dissenters cannot expect very much from a naked Promise which as it hath not a solemn Oath to enforce it so 't is both Illegal in the making and contrary to the principles of his Religion to keep Nor is it unworthy of observation that he hath not only departed from his Promises made to the Church of England but that we are told in a late Popish Pamphlet Intituled A New Test of the Church of England's Loyalty Published as it self says by Authority that they were all conditional to wit by vertue of some Mental Reservation in his Majesty's Breast and that the Conformable Clergy having failed in performing the Conditions upon which they were made the King is absolved and discharged from all Obligation of observing them The Church of England says he must give his Majesty leave not to nourish a Snake in his Bosom but rather to withdraw his Royal Protection which was promised upon the account of her constant fidelity Which as it is a plain threatning of all the Legal Clergy and a denunciation of the unjust and hard measure they are to look for so it shakes the Foundation upon which all credit unto and reliance upon his Majesty's Word can be any ways placed For tho Threatnings may have tacit Reserves because the right of executing them resides in the Threatner yet Promises are incapable of all latent conditions because every Promise vests a Right in the Promisee and that in the virtue of the words in which it is made But it is the less to be wondred at if his Majesty fly to Equivocations and Mental Reserves being both under the conduct of that Order and a Member of the Society that first taught and practised this treacherous piece of Chicanery However it may inform the Dissenters that if they be not able to answer the End for which they are depended upon or be not willing in the manner and degree that is expected or if it be not for the Interest of the Catholick Cause to have them indulged in all these cases and many more the King may be pronounced acquitted and discharged from all the Promises he hath given them as having been merely stipulatory and conditional And as he will be sure then finem facere ferendae alienae personae to lay aside the disguise that he hath now put on so if they would reflect either upon his temper or upon his Religion they might now know haud gratuitam in tanta superbia comitatem that a person of his pride would not stoop to such Flattery as his Letter to Mr. Alsop expresseth but in order to some design But what need other proof of the fallaciousness of the two Royal Papers and that no Protestants can reasonably depend upon the Royal Word there laid to pledge for the continuation of their Liberty but to look into these too Papers themselves where we shall meet expressions that may both detract from our belief of his Majesty's sincerity and awaken us to a just jealousie that the Liberty and Toleration granted by them are intended to be of no long standing and duration For while he is pleased to tell us that the granting his Subjects the free use of their Religion for the time to come is an addition to the perfect Enjoyment of their Property which has never been invaded by His Majesty since his coming to the Crown He doth in effect say that His Fidelity Truth and Integrity in what he grants in reference to Religion is to be measured and judged by the Verity that is in what He rells us as to the never having Invaded our Property And that I may Borrow an Expression from Mr. Alsop and to no less Person than to the King himself namely That tho we pretend to no refined Intellectuals nor presume to Philosophise upon Mysteries of Government yet we make some pretence to the Sense of Feeling and whatever our Dullness be can discern between what is exacted of us according to Law and what we are rob'd of by an Exerclse of Arbitrary Power For not to insist upon the violent Seisure of Mens Goods by Officers as well as Soldiers in all parts of England which looks like an Invasion upon the Properties of the Subject nor to dwell upon his keeping an Army on foot in time of Peace against the Authority as well as without the Countenance of Law which our Ancestors would have stiled an Invasion upon the whole Property of the Kingdom I would fain know by what Name we are to call his Levying the Customs and the Additional Excise before they were granted unto him by the Parliament all the legal Establishment of them upon the Nation having been only during the late King's Life till the Settlement of them upon the Crown was again renewed by Statute It were also worth his Majesties telling us what Titles are due to the Suspending the Vice-Chancellor of Cambridge a Beneficio and the turning the President of Magdalen's in Oxford out of his Headship and the Suspending Dr. Fairfax from his Fellowship if there be not an Invasion upon our Property seeing every part of this is against all
we were Sworn and stood bound to be hereby subverted and changed and that thereupon we are not only Absolved and Acquitted from the Allegiance and Fealty we were formerly under to his Majesty but are indispensably obliged by the Ties and Engagements that are upon us of maintaining and defending the Constitution and Government to apply our selves to the use of all Means and Endeavors against him as an Enemy of the People and a Subverter of the legal Government wherein all the Interest he had or could lawfully claim was an Official Trust and not an Absolute Power or a Despâ—tical Dominion the first whereof he hath deposed and abdicated himself from by challenging and usurping the latter And should any Scots Dissenter either in his entrance upon the Liberty granted by this Proclamation or in Addressing by way of Thankfulness for it take the least notice of this Freedoms flowing from the King which cannot be done without Recognising this Absolute Power in his Majesty as the Fountain of it he is to be look'd upon as the worst of Traitors and deserves to be proceeded against both for his Accession unto and justifying the Subversion of the Laws Liberties and Government of his Country and for betraying the Rights of all Free-born Men. For those few Reflections in the foregoing Sheets which this new Proclamation may not only seem to render useless and frustrate the end whereunto they were intended but may make the publishing any Animadversions upon that which the King by departing from does himself Censure and Condemn be esteemed both a failure in Ingenuity and Candor and a want of regard to those Measures of Justice which ought to be observed towards all Men and more especially towards Crowned Heads I shall only say that as the Proclamation arrived with me too late to hinder and prevent the Communication of them to the Publick so I have this farther to add in Justification of their being published that it will thereby appear that what his Majesty stiles Sinistruous Interpretations made of some Restrictions mentioned in his former are no other than the just natural genuine and obvious Constructions which they lye open unto and are capable of and which a Man cannot avoid fastning upon them without renouncing all Sense and Reason And while the King continues to disparage and asperse all sober and judicious Reflections upon that Royal Paper by charging upon them the unjust and reproachful Character of Sinistruous Interpretations it is necessary as well as equal that the whole matter should be plainly and impartially represented to the World and that the Dection be remitted and left to the understanding and unbyass'd part of Mankind who are the Calumniators and Slanderers they who accuse the Proclamation of importing such Principles Consequences and Tendencies or he and his Ministers who think they have avoided and answered the Imputations fastened upon it when they have loaded them with hard and uncivil Terms For tho he be pleased to assume to himself an Absolute Power which all are bound to obey without reserve and in the virtue of which he Suspends Stops and Disables what Laws he pleaseth yet I do not know but that his Intellectuals being of the Size of other Mens and that seeing neither his Sovereignty nor Catholicalness have vested in him an Inerrability why we may not enter our Plea and Demur to the Dictates of his Judgment tho we know not how to withstand the Efforts of his Power Nor shall I subjoyn any more save that whereas his Majesty declares so many Laws to be disabled to all Intents and Purposes he ought to have remembred that beside other Intents and Purposes that several of them may hereafter serve unto as the Papists may possibly come to have Experience there is one thing in reference to which he cannot even at present hinder and prevent their Usefulness and Efficacy and that is not only their raising and exciting all just Resentments in the minds of free-born and generous Men for his challenging a Power to Suspend and Cassate them but their remaining and continuing Monuments of his Infidelity to the Trust reposed in him of his departure from all Promises made at and since his entering upon the Government and of his Invading and Subverting all the Rules of the Constitution The Declaration of His Highness William Henry by the Grace of God Prince of Orange c. Of the Reasons inducing him to appear in Arms in the Kingdom of England for Preserving of the Protestant Religion and for Restoring the Laws and Liberties of England Scotland and Ireland IT is both certain and evident to all Men that the Publick Peace and Happiness of any State or Kingdom cannot be preserved where the Laws Liberties and Customs established by the Lawful Authority in it are openly Transgressed and Annulled More especially where the Alteration of Religion is endeavored and that a Religion which is contrary to Law is endeavored to be introduced Upon which those who are most immediately concerned in it are Indispensably bound to endeavor to preserve and maintain the established Laws Liberties and Customs and above all the Religion and Worship of God that is established among them And to take such an effectual Care that the Inhabitants of the said State or Kingdom may neither be deprived of their Religion nor of their Civil Rights Which is so much the more Necessary because the Greatness and Security both of Kings Royal Families and of all such as are in Authority as well as the Happiness of their Subjects and People depend in a most especial manner upon the exact Observation and Maintenance of these their Laws Liberties and Customs Upon these grounds it is that we cannot any longer forbear to Declare That to our great Regret we see that those Counsellors who have now the chief Credit with the King have overturned the Religion Laws and Liberties of those Realms and subjected them in all things relating to their Consciences Liberties and Properties to Arbitrary Government and that not only by Secret and Indirect ways but in an open and undisguised manner Those Evil Counsellors for the advancing and colouring this with some plausible Pretexts did invent and set on foot the King 's Dispensing Power by virtue of which they pretend that according to Law he can Suspend and Dispence with the Execution of the Laws that have been enacted by the Authority of the King and Parliament for the Security and Happiness of the Subject and so have rendered those Laws of no Effect Tho there is nothing more certain than that as no Laws can be made but by the joynt Concurrence of King and Parliament so likewise Laws so enacted which secure the Publick Peace and Safety of the Nation and the Lives and Liberties of every Subject in it cannot be Repealed or Suspended but by the same Authority For tho the King may pardon the Punishment that a Transgressor has incurred and to which he is condemned as in the cases of
Honor and Happiness of those Nations may be established upon Lasting Foundations Given under our Hand and Seal at our Court at the Hague the Tenth day of October in the Year 1688. William Henry Prince of Orange By His Highness's Special Command C. HUYGENS. His Highness's Additional Declaration AFter we had prepared and printed this our Declaration we have understood that the Subverters of the Religion and Laws of those Kingdoms hearing of our Preparations to assist the People against them have begun to retract some of the Arbitrary and Despotick Powers that they had assumed and to vacate some of their Injust Judgments and Decrees The Sense of their Guilt and the distrust of their Force have induced them to offer to the City of London some seeming Relief from their Great Oppressions hoping thereby to quiet the People and to divert them from demanding a Secure Re-establishment of their Religion and Laws under the shelter of our Arms. They do also give out that we intend to Conquer and Enslave the Nation And therefore it is that we have thought fit to add a few words to our Declaration We are Confident that no Persons can have such hard thought of us as to imagine that we have any other Design in this Undertaking than to procure a Settlement of the Religion and of the Liberties and Properties of the Subjects upon so sure a Foundation that there may be no danger of the Nations relapsing into the like Miseries at any time hereafter And as the Forces that we have brought along with us are utterly disproportioned to that wicked Design of Conquering the Nation if we were capable of intending it so the Great Numbers of the Principal Nobility and Gentry that are Men of Eminent Quality and Estates and Persons of known Integrity and Zeal both for the Religion and Government of England many of them being also distinguished by their constant Fidelity to the Crown who do both accompany us in this Expedition and have earnestly solicited us to it will cover us from all such Malicious Insinuations For it is not to be imagined that either those who have invited us or those that are already come to assist us can joyn in a wicked Attempt of Conquest to make void their own lawful Titles to their Honors Estates and Interests We are also confident that all Men see how little weight there is to be laid on all Promises and Engagements that can be now made since there has been so little regard had in time past to the most solemn Promises And as that imperfect Redress that is now offered is a plain Confession of those Violations of the Government that we have set forth so the Defectiveness of it is no less Apparent for they lay down nothing which they may not take up at Pleasure and they reserve entire and not so much as mentioned their Claims and Pretences to an Arbitrary and Despotick Power which has been the Root of all their Oppression and of the total Subversion of the Government And it is plain that there can be no Redress nor Remedy offered but in Parliament by a Declaration of the Rights of the Subjects that have been invaded and not by any Pretended Acts of Grace to which the Extremity of their Affairs has driven them Therefore it is that we have thought fit to declare That we will refer all to a Free Assembly of the Nation in a Lawful Parliament Given under our Hand and Seal at our Court in the Hague the 24th day of October in the Year of our Lord 1688. William Henry Prince of Orange By His Highness's Special Command G. HUYGENS. By his Highness William Henry Prince of Orange A Declaration Printed in the Year 1688. WE have in the course of our whole Life and more particularly by the apparent Hazards both by Sea and Land to which we have so lately exposed our Person given to the whole World so high and undoubted Proofs of our fervent Zeal for the Protestant Religion that we are fully confident no true English-man and good Protestant can entertain the least Suspicion of our firm Resolution rather to spend our dearest Blood and perish in the Attempt than not carry on the Blessed and Glorious Design which by the Favour of Heaven we have so successfully begun to Rescue England Scotland and Ireland from Slavery and Popery and in a Free Parliament to Establish the Religion the Laws and the Liberties of those Kingdoms upon such a sure and lasting Foundation that it shall not be in the Power of any Prince for the future to introduce Popery and Tyranny Towards the more easy Compassing this great Design we have not been hitherto deceived in the just Expectation we had of the Concurrence of the Nobility Gentry and People of England with Us for the Security of their Religion the Restitution of the Laws and the Re-establishment of their Liberties and Properties Great Numbers of all Ranks and Qualities having joyned themselves to us and others at great Distances from Us have taken up Arms and Declared for Us. And which we cannot but particularly mention in that Army which was Raised to be the Instrument of Slavery and Popery may by the special Providence of God both Officers and common Souldiers have been touched with such a feeling sense of Religion and Honour and of true Affection for their Native Country that they have already deserted the Illegal Service they were ingaged in and have come over to Us and have given us full Assurance from the rest of the Army That they will certainly follow this Example as soon as with our Army we shall approach near enough to receive them without the Hazard of being prevented and betray'd To which end and that we may the sooner execute this just and necessary Design we are ingaged in for the publick Safety and Deliverance of these Nations We are resolved with all possible Diligence to advance forward that a Free Parliament may be forthwith called and such Preliminaries adjusted with the King and all things first settled upon such a foot according to Law as may give Us and the whole Nation just Reason to believe the King is disposed to make such necessary Condescensions on his part as will give intire Satisfaction and Security to all and make both King and People once more happy And that we may effect all this in the way most agreeable to our Desires if it be possible without the Effusion of any Blood except of those execrable Criminals who have justly forfeited their Lives for betraying the Religion and Subverting the Laws of their Native Country We do think fit to declare That as we will offer no Violence to any but in our own necessary Defence so we will not suffer any Injury to be done to the Person even of a Papist provided he be found in such Place and in such Condition and Circumstances as the Laws require So we are resolved and do declare that all Papists who shall be found
Orange designs the King's safety and preservation and hope all things may be composed without more Blood-shed by the calling a Parliament God grant a happy End to these Troubles that the King's Reign may be prosperous and that I may shortly meet You in perfect peace and safety till when let me beg You to continue the same favourable Opinion that You have hitherto had of Your most Obedient Daughter and Servant ANNE A Memorial of the Protestants of the Church of England Presented to their Royal Highnesses the Prince and Princess of Orange YOur Royal Highnesses cannot be ignorant that the Protestants of England who continue true to their Religion and the Government Established by Law have been many ways troubled and vexed by restless contrivances and designs of the Papists under pretence of the Royal Authority and things required of them unaccountable before God and Man Ecclesiastical Benefices and Preferments taken from them without any other Reason but the King's Pleasure that they have been summoned and sentenced by Ecclesiastical Commissioners contrary to Law deprived of their Birth-Right in the free Choice of their Magistrates and Representatives divers Corporations dissolved the Legal Security of our Religion and Liberty established and ratified by King and Parliament annull'd and overthrown by a pretended Dispensing Power new and unheard of Maxims have been preached as if Subjects had no Right but what depends on the King's Will and Pleasure The Militia put into the Hands of persons not qualified by Law and a Popish Mercenary Army maintained in the Kingdom in time of Peace absolutely contrary to Law The Execution of the Law against several high Crimes and Misdemeanours superseded and prohibited the Statutes against Correspondence with the Court of Rome Papal Jurisdiction and Popish Priests suspended that in Courts of Justice those Judges are displaced who dare acquit them whom the King would have Condemned as happened to Judg Powel and Holloway for acquitting the Seven Bishops Liberty of chusing Members of Parliament notwithstanding all the Care taken and Provision made by Law on that behalf wholly taken away by Quo Warranto's served against Corporations and the three known Questions All things carried on in open view for the Propagation and Growth of Popery for which the Courts of England and France have so long joyntly laboured with so much Application and Earnestness Endeavours used to perswade your Royal Highnesses to consent to Liberty of Conscience and abrogating the Penal Laws and Tests wherein they fell short of their aim That they most humbly implore the Protection of your Royal Highnesses as to the 〈◊〉 ending and incroachments made upon the Law for maintenance of the Protestant Religion our Civil and Fundamental Rights and Priviledg and that Your Royal Highness would be pleased to insist that the Free Parliament of England according to Law may be restored the Laws against Papists Priests Papal Jurisdiction c. put in Execution and the Suspending and Dispensing Power declared null and void the Rights and Priviledges of the City of London the free Choice of their Magistrates and the Liâ—â—â—ties as well of that as other Corporations restored and all things returned to their 〈◊〉 Channel c. Admiral Herbert 's Letter to all Commanders of Ships and Seamen in His Majesties Fleet. Gentlemen I Have little to add to what his Highness has express'd in general Terms besides laying before you the dangerous way you are at present in where Ruin or Infamy must inevitably attend you if you don't joyn with the Prince in the Common Cause for the Defence of your Religion and Liberties for should it please God for the sins of the English Nation to suffer your Arms to prevail to what can your Victory serve you but to enslave you deeper and overthrow the true Religion in which you have liv'd and your Fathers dy'd Of which I beg you as a Friend to consider the Consequences and to reflect on the Blot and Infamy it will bring on you not only now but in all After-Ages That by Your means the Protestant Religion was destroy'd and your Country depriv'd of its Ancient Liberties And if it pleases God to bless the Prince's Endeavours with success as I don't doubt but he will consider then what their Condition will be that oppose him in this so good a Design where the greatest Favour they can hope for is their being suffer'd to end their Days in Misery and Want detested and despised by all good Men. It is therefore and for many more Reasons too long to insert here that I as a true English-man and your Friend exhort you to joyn your Arms to the Prince for the Defence of the Common Cause the Protestant Religion and the Liberties of your Country It is what I am well assured the major and best part of the Army as well as the Nation will do so soon as convenience is offered Prevent them in so good an Action whilst it is in your power and may it appear That as the Kingdom hath always depended on the Navy for its Defence so you will yet go further by making it as much as in you lies the Protection of her Religion and Liberties and then you may assure your selves of all Marks of Favour and Honour suitable to the Merits of so great and glorious an Action After this I ought not to add so inconsiderable a thing as that it will for ever engage me to be in a most particular manner Your faithful Friend and humble Servant AR. HERBERT Aboard the Leyden in the Gooree Lord Delamear 's Speech THE occasion of this is to give you my Thoughts upon the present Conjuncture which concerns not only you but every Protestant and Free-born Man of England I am confident that wishes well to the Protestant Religion and his Country and I am perswaded that every Man of you thinks both in danger and now to lie at stake I am also perswaded that every Man of you will rejoyce to see Religion and Property settled if so then I am not mistaken in my Conjectures concerning you Can you ever hope for a better Occasion to root out POPERY and SLAVERY than by joining with the P. of O. whose Proposals contain and speak the Desires of every Man that loves his Religion and Liberty And in saying this I will invite you to nothing but what I will do my self and I will not desire any of you to go any further than I will move my self neither will I put you upon any Danger where I will not take share in it I propose this to you not as you are my Tenants but as my Friends and as you are Englishmen No Man can love Fighting for its own sake nor find any pleasure in danger And you may imagine I would be very glad to spend the rest of my days in peace I having had so great a share in Troubles but I see all lies at stake I am to chuse whether I will be a Slave and a Papist or a
for we assure our selves that no rational and unbyassed Person will judge it Rebellion to defend our Laws and Religion which all our Princes have sworn at their Coronations Which Oath how well it hath been observed of late we desire a Free Parliament may have the Consideration of We own it Rebellion to resist a King that governs by Law but he was always accounted a Tyrant that made his Will his Law and to resist such an one we justly esteem no Rebellion but a necessary Defence And in this Consideration we doubt not of all Honest Mens Assistance and humbly hope for and implore the great Gods Protection that turneth the Hearts of People as pleaseth him best it having been observed That People can never be of one Mind without his Inspiration which hath in all Ages confirmed that Observation Vox Populi est Vox Dei The present restoring of Charters and reversing the oppressing and unjust Judgment given on Magdalen Colledg Fellows is plain are but to still the People like Plums to Children by deceiving them for a while but if they shall by this Stratagem be fooled till this present Storm that threatens the Papists be past as soon as they shall be resetled the former Oppression will be put on with greater vigour But we hope in vain is the Net spread in the sight of the Birds For 1. the Papists old Rule is That Faith is not to be kept with Hereticks as they term Protestants tho the Popish Religion is the greatest Heresie And 2. Queen Mary's so ill observing her Promises to the Suffolk-men that help'd her to the Throne And above all 3. the Popes dispensing with the breach of Oaths Treaties or Promises at his pleasure when it makes for the service of Holy Church as they term it These we say are such convincing Reasons to hinder us from giving Credit to the aforesaid Mock-Shews of Redress that we think our selves bound in Conscience to rest on no Security that shall not be approved by a Freely Elected Parliament to whom under God we refer our Cause His Grace the Duke of Norfolk 's Speech to the Mayor of Norwich on the First of December in the Market-place of Norwich Mr. Mayor NOT doubting but you and the rest of your Body as well as the whole City and Country may be Alarmed by the great Concourse of Gentry with the numerous Appearance of their Friends and Servants as well as of your own Militia here this Morning I have thought this the most proper place as being the most publick one to give you an Account of our Intentions Out of the deep sense we had that in the present unhappy Juncture of Affairs nothing we could think of was possible to secure the Laws Liberties and Protestant Religion but a Free Parliament WE ARE HERE MET TO DECLARE That we will do our utmost to defend the same by declaring for such a Free Parliament And since His Majesty hath been pleased by the News we hear this day to order Writs for a Parliament to sit the Fifteenth of January next I can only add in the name of my Self and all these Gentlemen and others here met That we will ever be ready to support and defend the Laws Liberties and Protestant Religion And so GOD SAVE THE KING To this the Mayor Aldermen and the rest of the Corporation and a numerous Assembly did concur with his Grace and the rest of the Gentry His Grace at his lighting from his Horse perceiving great numbers of Common People gathering together called them to him and told them He desired they would not take any occasion to commit any Disorder or Outrage but go quietly to their Homes and acquainted them that the King had ordered a Free Parliament to be called The Speech of the Prince of Orange to some Principal Gentlemen of Somersetshire and Dorsetshire on their coming to joyn his Highness at Exeter the 15th of Nov. 1688. THO we know not all your Persons yet we have a Catalogue of your Names and remember the Character of your Worth and Interest in your Country You see we are come according to your Invitation and our Promise Our Duty to God obliges us to protect the Protestant Religion and our Love to Mankind your Liberties and Properties We expected you that dwelt so near the place of our Landing would have joyn'd us sooner not that it is now too late nor that we want your Military Assistance so much as your Countenance and Presence to justifie our declar'd Pretensions rather than accomplish our good and gracious Designs Tho we have brought both a good Fleet and a good Army to render these Kingdoms happy by rescuing all Protestants from Popery Slavery and Arbitrary Power by restoring them to their Rights and Properties established by Law and by promoting of Peace and Trade which is the Soul of Government and the very Life-Blood of a Nation yet we rely more on the goodness of God and the Justice of our Cause than on any Humane Force and Power whatever Yet since God is pleased we shall make use of Human Means and not expect Miracles for our Preservation and Happiness let us not neglect making use of this gracious Opportunity but with Prudence and Courage put in Execution our so honourable Purposes Therefore Gentlemen Friends and Fellow-Protestants we bid you and all your Followers most heartily Welcom to our Court and Camp Let the whole World now judg if our Pretensions are not Just Generous Sincere and above Price since we might have even a Bridge of Gold to return back But it is our Principle and Resolution rather to die in a good Cause than live in a bad One well knowing that Vertue and True Honour is its own Reward and the Happiness of Mankind Our Great and Only Design The true Copy of a Paper delivered by the Lord Devonshire to the Mayor of Darby where he quarter'd the one and twentieth of November 1688. WE the Nobility and Gentry of the Northern parts of England being deeply sensible of the Calamities that threaten these Kingdoms do think it our Duty as Christians and good Subjects to endeavour what in us lies the Healing of our present Distractions and preventing greater And as with grief we apprehend the said Consequences that may arise from the Landing of an Army in this Kingdom from Foreign parts So we cannot but deplore the Occasion given for it by so many Invasions made of late Years on our Religion and Laws And whereas we cannot think of any other Expedient to compose our Differences and prevent Effusion of Blood than that which procured a Settlement in these Kingdoms after the late Civil Wars the Meeting and Sitting of a Parliament freely and duly Chosen we think our selves obliged as far as in us lies to promote it And the rather because the Prince of Orange as appears by his Declaration is willing to submit his own Pretensions and all other Matters to their Determination We heartily Wish and
time acquaint his Highness with what we have further done at that Meeting Dated at Guild-hall the 11th of December 1688. A Paper delivered to his Highness the Prince of Orange by the Commissioners sent by his Majesty to treat with him And his Highness's Answer WHereas on the 8th of December 1688. at Hungerford a Paper signed by the Marquess of Hallifax the Earl of Nottingham and the Lord Godolphin Commissioners sent unto us from His Majesty was delivered to Us in these Word following viz. Sir THE King commanded us to acquaint You That he observeth all the Differences and Causes of Complaint alledged by Your Highness seem to be referred to a Free Parliament His Majesty as He hath already declared was resolved before this to call one but thought that in the present State of Affairs it was advisable to defer it till things were more compos'd Yet seeing that His People still continue to desire it He hath put forth His Proclamation in order to it and hath issued forth His Writs for the calling of it And to prevent any Cause of Interruption in it He will consent to every thing that can be reasonably required for the Security of all those that shall come to it His Majesty hath therefore sent Us to attend Your Highness for the adjusting of all Matters that shall be agreed to be necessary to the Freedom of Elections and the Security of Sitting and is ready immediately to enter into a Treaty in Order to it His Majesty proposeth that in the mean time the respective Armies may be restrained within such Limits and at such a Distance from London as may prevent the Apprehensions that the Parliament may in any kind be disturbed being desirous that the Meeting of it may be no longer delay'd than it must be by the usual and necessary Forms Hungerford Dec. 8. 88. Signed Hallifax Nottingham Godolphin We with the Advice of the Lords and Gentlemen assembled with Vs have in Answer to the same made these following Proposals I. THAT all Papists and such Persons as are not qualified by Law be Disarmed Disbanded and Removed from all Employments Civil and Military II. That all Proclamations which Reflect upon Us or any that have come to Us or declared for Us be recalled and that if any Persons for having so assisted have been committed that they be forthwith set at Liberty III. That for the Security and Safety of the City of London the Custody and Government of the Tower be immediately put into the Hands of the said City IV. That if His Majesty shall think fit to be at London during the Sitting of the Parliament that We may be there also with equal Number of our Guards Or if his Majesty shall please to be in any place from London at what-ever distance he thinks fit that We may be at a place of the same distance And that the respective Armies do remove from London Thirty Miles and that no more Foreign Forces be brought into the Kingdom V. That for the Security of the City of London and their Trade Tilbury Fort be put into the Hands of the said City VI. That to prevent the Landing of French or other Foreign Troops Portsmouth may be put into such Hands as by Your Majesty and Us shall be agreed upon VII That some sufficient part of the Publick Revenue be Assigned Us for the Maintaining of our Forces until the Meeting of a Free Parliament Given at Littlecott the Ninth of December 1688. W. H. Prince of Orange The Speech of the Recorder of Bristol to his Highness the Prince of Orange Monday January the 7th 1688. The Mayor Recorder Aldermen and Commons of the Principal Citizens of the City of Bristol waited upon the Prince of Orange being introduced by his Grace the Duke of Ormond their High-Steward and the Earl of Shrewsbury Where the Recorder spake to this Effect May it please your Highness THE Restitution of our Religion Laws and Liberties and the Freeing us from that Thraldom which hath rendred us for many Years useless and at last dangerous to the Common Interest of the Protestant World by your Highness's singular Wisdom Courage and Conduct are not only a Stupendious Evidence of the Divine Favour and Providence for our Preservation but will be and ought to be an Everlasting Monument of your Highness's Magnanimity and other the Heroick Vertues which Adorn your great Soul by whom such a Revolution is wrought in this Nation as is become the Joy and Comfort of the Present and will be the Wonder of all Succeeding Ages In the Contrivance and Preparation of which great Work your Highness like the Heavens did shed your propitious Influences upon us whilst we slept and had scarce any prospect from whence we might expect our Redemption But as since your happy Arrival in England we did among the first Associate our selves to assist and promote your Highness's most glorious Design with our Lives and Fortunes so we now think our selves bound in the highest Obligation of Gratitude most humbly to present to your Highness our humble and hearty Thanks for this our Deliverance from Popery and Arbitrary Power and likewise for declaring your gracious Intentions That by the Advice of the Estates of this Kingdom you will rectifie the late Disorders in the Government both Ecclesiastical and Civil according to the known Laws The due and inviolable Observation of which will in our poor Opinion be the only proper Means to render the Soveraign Secure and both Soveraign and Subject happy To which his Highness returned a most Gracious Answer By the Commissioners of Lieutenancy for the said City Guild-hall London December the 11th 1688. Ordered THat Sir Robert Clayton Kt. Sir William Russel Kt. Sir Basil Firebrass Kt. and Charles Duncomb Esq be a Committee from the said Lieutenancy to Attend his Royal Highness the Prince of Orange and present to his Highness the Address agreed by the Lieutenancy for that purpose And that they begin their Journey to Morrow Morning By the Commissioners Command Geo. Evans Cl. Lieu. London To His Highness the Prince of Orange The Humble Address of the Lieutenancy of the City of London May it please Your Highness WE can never sufficiently express the deep Sense we have conceived and shall ever retain in our Hearts That Your Highness has exposed Your Person to so many Dangers both by Sea and Land for the Preservation of the Protestant Religion and the Laws and Liberties of this Kingdom without which unparallel'd Undertaking we must probably have suffered all the Miseries that Popery and Slavery could have brought upon us We have been greatly concerned that before this time we have not had any seasonable Opportunity to give Your Highness and the World a real Testimony that it has been our firm Resolution to venture all that is Dear to Us to attain those glorious Ends which Your Highness has proposed for restoring and settling these Distracted Nations We therefore now unanimously present to Your Highness
our just and due Acknowledgments for the happy Relief You have brought to us and that we may not be wanting in this present Conjuncture we have put our selves into such a Posture that by the Blessing of God we may be capable to prevent all ill Designs and to preserve this City in Peace and Safety till your Highness's Happy Arrival We therefore humbly desire that your Highness will please to repair to this City with what convenient speed you can for the perfecting the great Work which Your Highness has so happily begun to the general Joy and Satisfaction of us all December the 17th 1688. THE said Committee this day made Report to the Lieutenancy that they had presented the said Address to the Prince of Orange and that His Highness received them very kindly December the 17th 1688. By the Lieutenancy Ordered That the said Order and Address be forwith Printed Geo. Evans To his Highness the Prince of Orange The Humble Address of the Lord Mayor Aldermen and Commons of the City of London in Common Council assembled May it please Your Highness WE taking into Consideration your Highness's fervent Zeal for the Protestant Religion manifested to the World in your many and hazardous Enterprizes which it hath pleased Almighty God to bless You with miraculous Success We render our deepest Thanks to the Divine Majesty for the same And beg leave to present our most humble Thanks to your Highness particularly for your appearing in Arms in this Kingdom to carry on and perfect your glorious Design to rescue England Scotland and Ireland from Slavery and Popery and in a Free Parliament to establish the Religion the Laws and the Liberties of these Kingdoms upon a sure and lasting Foundation We have hitherto look'd for some Remedy for these Oppressions and Imminent Dangers We together with our Protestant Fellow-Subjects laboured under from His Majesty's Concessions and Concurrences with Your Highness's Just and Pious purposes expressed in Your gracious Declaration But herein finding Our Selves finally disappointed by his Majesty's withdrawing Himself We presume to make Your Highness Our Refuge And do in the Name of this Capital CITY implore Your Highness's Protection and most humbly beseech Your Highness to vouchsafe to repair to this CITY where Your Highness will be received with Universal Joy and Satisfaction The Speech of Sir George Treby Kt. Recorder of the Honourable City of London to his Highness the Prince of Orange Dec. 20. 1688. May it please your Highness THE Lord Mayor being disabled by Sickness your Highness is attended by the Aldermen and Commons of the Capital City of this Kingdom deputed to Congratulate your Highness upon this great and glorious Occasion In which labouring for Words we cannot but come short in Expression Reviewing our late Danger we remember our Church and State over-run by Popery and Arbitrary Power and brought to the Point of Destruction by the Conduct of Men that were our true Invaders that brake the Sacred Fences of our Laws and which was worst the very Constitution of our Legislature So that there was no Remedy left but the Last The only Person under Heaven that could apply this Remedy was Your Highness You are of a Nation whose Alliances in all Times has been agreeable and prosperous to us You are of a Family most Illustrious Benefactors to Mankind To have the Title of Soveraign Prince Stadtholder and to have worn the Imperial Crown are among their lesser Dignities They have long enjoyed a Dignity singular and transcendent viz. To be Champions of Almighty God sent forth in several Ages to vindicate his Cause against the greatest Oppressions To this Divine Commission our Nobles our Gentry and among them our brave English Soldiers rendred themselves and their Arms upon your appearing GREAT SIR When we look back to the last Month and contemplate the Swiftness and Fulness of our present Deliverance astonish'd we think it miraculous Your Highness led by the Hand of Heaven and called by the Voice of the People has preserved our dearest Interests The Protestant Religion which is Primitive Christianity restor'd Our Laws which are our ancient Title to our Lives Liberties and Estates and without which this World were a Wilderness But what Retribution can We make to your Highness Our Thoughts are full-charged with Gratitude Your Highness has a lasting Monument in the Hearts in the Prayers in the Praises of all good Men among us And late Posterity will celebrate your ever-glorious Name till Time shall be no more Chapman Mayor Cur ' special ' tent ' die Jovis xx die Decemb ' 1688. Annoque RR. Jacobi Secundi Angl ' c. quarto THIS Court doth desire Mr. Recorder to print his Speech this day made to the Prince of Orange at the time of this Court 's attending his Highness with the Deputies of the several Wards and other Members of the Common Council Wagstaffe His Highness the Prince of Orange's Speech to the Scots Lords and Gentlemen With their Advice and his Highness's Answer With a true Account of what past at their Meeting in the Council-Chamber at Whitehall January 7th 168â— His Highness the Prince of Orange having caused Advertise such of the Scots Lords and Gentlemen as were in Town met them in a Room at St. James's upon Monday the Seventh of January at Three of the Clock in the Afternoon and had this Speech to them My Lords and Gentlemen THE only Reason that induced me to undergo so great an Vndertaking was That I saw the Laws and Liberties of these Kingdoms overturned and the Protestant Religion in Imminent Danger And seeing you are here so many Noblemen and Gentlemen I have called you together that I may have your Advice what is to be done for Securing the Protestant Religion and Restoring your Laws and Liberties according to my Declaration As soon as his Highness had retired the Lords and Gentlemen went to the Council-Chamber at Whitehall and having chosen the Duke of Hamilton their President they fell a consulting what Advice was fit to be given to his Highness in this Conjuncture And after some hours Reasoning they agreed upon the Materials of it and appointed the Clerks with such as were to assist them to draw up in Writing what the Meeting thought expedient to advise his Highness and to bring it in to the Meeting the next in the Afternoon Tuesday the Eighth Instant the Writing was presented in the Meeting And some time being spent in Reasoning about the fittest way of Coveening a General Meeting of the Estates of Scotland At last the Meeting came to agree in their Opinion and appointed the Advice to be writ clean over according to the Amendments But as they were about to part for that Dyet the Earl of Arran proposed to them as his Lordship's Advice that they should move the Prince of Orange to desire the King to return and call a Free Parliament which would be the best way to secure the Protestant Religion and Property and to
Consent of Parliament is against Law That the Subjects which are Protestants may have Arms for their Defence suitable to their Condition and as allowed by Law That Election of Members of Parliament ought to be Free That the Freedom of Speech and Debates or Proceedings in Parliament ought not to be impeached or questioned in any Court or place out of Parliament That excessive Bail ought not to be required nor excessive Fines imposed nor cruel and unusual Punishments inflicted That Jurors ought to be duly empannell'd and return'd and Jurors which pass upon Men in Tryals for High-Treason ought to be Freeholders That all grants and promises of Fines and Forfeitures of particular Persons before Conviction are Illegal and Void And that for Redress of all Grievances and for the amending strengthening and preserving of the Laws Parliaments ought to be held frequently And they do claim demand and insist upon all and singular the Premises as their undoubted Rights and Liberties and that no Declarations Judgments Doings or Proceedings to the prejudice of the People in any of the said Premises ought in any wise to be drawn hereafter into Consequence or Example To which Demand of their Rights they are particularly encouraged by the Declaration of His Highness the Prince of Orange as being the only Means for obtaining a full redress and remedy therein Having therefore an intire Confidence that his said Highness the Prince of Orange will perfect the Deliverance so far advanced by Him and will still preserve them from the Violation of their Rights which they have here asserted and from all other Attempts upon their Religion Rights and Liberties The said Lords Spiritual and Temporal and Commons Assembled at Westminster do resolve That William and Mary Prince and Princess of Orange be and be declared King and Queen of England France and Ireland and the Dominions thereunto belonging to hold the Crown and Royal Dignity of the said Kingdoms and Dominions to them the said Prince and Princess during their Lives and the Life of the Survivor of them And that the sole and full Exercise of the Regal Power be only in and executed by the said Prince of Orange in the Names of the said Prince and Princess during their joynt lives and after their Deceases the said Crown and Royal Dignity of the said Kingdoms and Dominions to be to the Heirs of the Body of the said Princess and for default of such Issue to the Princess Ann of Denmark and the Heirs of Her Body and for default of such Issue to the Heirs of the Body of the said Prince of Orange And the said Lords Spiritual and Temporal and Commons do pray the said Prince and Princess of Orange to accept the same accordingly And that the Oaths hereafter mentioned be taken by all Persons of whom the Oaths of Allegiance and Supremacy might be required by Law instead of them and that the said Oaths of Allegiance and Supremacy be Abrogated I A. B. do sincerely promise and swear That I will be Faithful and bear true Allegiance to their Majesties King WILLIAM and Queen MARY So help me God I A. B. do swear That I do from my Heart Abhor Detest and Abjure as Impious and Heretical this Damnable Doctrin and Position That Princes Excommunicated or Deprived by the Pope or any Authority of the See of Rome may be Deposed or Murthered by their Subjects or any other whatsoever And I do declare That no Foreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preeminence or Authority Ecclesiastical or Spiritual within this Realm So help me God Jo. Browne Cleric ' Parl. Die Veneris 15 Feb. 1688. His Majesties Gracious Answer to the Declaration of both Houses My Lords and Gentlemen THIS is certainly the greatest proof of the Trust you have in Vs that can be given which is the thing that maketh us value it the more and we thankfully Accept what you have Offered And as I had no other Intention in coming hither than to preserve your Religion Laws and Liberties so you may be sure That I shall endeavour to support them and shall be willing to concur in any thing that shall be for the Good of the Kingdom and to do all that is in my Power to advance the Welfare and Glory of the Nation Jo. Browne Cleric ' Parliamentorum Die Veneris 〈◊〉 Februarii 1688. ORdered by the Lords Spiritual and Temporal Assembled at Westminster That His Majesties Gracious Answer to the Declaration of both Houses and the Declaration be forthwith Printed and Published And that His Majesties Gracious Answer this Day be added to the Engrossed Declaration in Parchment to be Enrolled in Parliament and Chancery A PROCLAMATION WHereas it hath pleased Almighty God in his Great Mercy to this Kingdom to Vouchsafe us a Miraculous Deliverance from Popery and Arbitrary Power and that our Preservation is due next under God to the Resolution and Conduct of His Highness the Prince of ORANGE whom God hath Chosen to be the Glorious Instrument of such an Inestimable Happiness to us and our Posterity And being highly sensible and fully persuaded of the Great and Eminent Vertues of Her Highness the Princess of ORANGE whose Zeal for the Protestant Religion will no doubt bring a Blessing along with Her upon this Nation And whereas the Lords and Commons now Assembled at Westminster have made a Declaration and Presented the same to the said Prince and Princess of ORANGE and therein desired them to Accept the Crown who have Accepted the same Accordingly We therefore the Lords Spiritual and Temporal and Commons together with the Lord Mayor and Citizens of London and others of the Commons of this Realm do with a full Consent Publish and Proclaim according to the said Declaration WILLIAM and MARY Prince and Princess of ORANGE to be KING and QUEEN of England France and Ireland with all the Dominions and Cerritories thereunto belonging Who are accordingly so to be Owned Deemed Accepted and taken by all the People of the aforesaid Realms and Dominions who are from henceforward bound to Acknowledge and Pay unto them all Faith and true Allegiance Beseeching God by whom Kings Reign to Bless King WILLIAM and Queen MARY with Long and Happy Years to Reign over Vs. God Save King WILLIAM and Queen MARY Jo. Brown Cleric ' Parliamentorum The Declaration of the Estates of Scotland concerning the Misgovernment of King James the Seventh and filling up the Throne with King William and Queen Mary THAT King James the 7th had acted irregularly 1. By His Erecting publick Schools and Societies of the Jesuits and not only allowing Mass to be publickly said but also inverting Protestant Chapels and Churches to Publick Mass-houses contrary to the express Laws against saying and hearing of Mass 2. By allowing Popish Books to be Printed and Dispersed by a Gift to a Popish Printer designing him Printer to his Majesties Houshold College and Chapel contrary to the Laws
So that Conquest may make Way for a Government but it cannot constitute it Secondly There is a Supreme Power in every Community essential to it and inseparable from it by which if it be not limited immediately by God it can form it self into any kind of Government And in some extraordinary Occasions when the Safety and Peace of the Publick necessarily require it can supply the Defects reform the Abuses and re-establish the true Fundamentals of the Government by Purging Refining and bringing Things back to their first Original Which Power may be called The Supreme Power Real Thirdly When the Community has made choice of some Form of Government and subjected themselves to it having invested some Person or Persons with the Supreme Power The Power in those Persons may be called The Supream Power Personal Fourthly If this Form be a mix'd Government of Monarchy Aristocracy and Democracy and for the easie Execution of the Laws the Executive Power be lodg'd in a single Person He has a Supream Power Personal quoad hoc Fifthly The Supreme Power Personal of England is in Kings Lords and Commons and so it was in Effect agreed to by King Charles the First in his Answer to the nineteen Popositions and resolved by the Convention of the Lords and Commons in the year 1660. And note That the Acts of that Convention tho' never confirmed by Parliament have been taken for Law and particularly by the Lord Chief Justice Hales Sixthly The Supreme Power Personal of England fails three Ways 1. 'T is dissolved For two Essential Parts fail 1. a King 2. a House of Commons which cannot be called according to Constitution the King being gone and the Freedom of Election being destroyed by the Kings Incroachments 2. The King has forfeited his Power several Ways Subjection to the Bishop of Rome is the Subjection against which our Laws cry loudest And even Barclay that Monarchical Politician acknowledges That if a King alienate his Kingdom or subject it to another he forfeits it And Grotius asserts That if a King really attempt to deliver up or subject his Kingdom he may be therein resisted And that if the King have part of the Supreme Power and the People or Senate the other part the King invading that part which is not his a just Force may be opposed and he may lose his Part of the Empire Grotius de Bello c. Cap. 72. But that the King has subjected the Kingdom to the Pope needs no Proof That he has usurp'd an absolute Power superieur to all Laws made the Peoples Share in the Legislative Power impertinent and useless and thereby invaded their just Rights none can deny 'T were in vain to multiply Instances of his Forfeitures And if we consider the Power exercis'd by him of late it will most evidently appear to all who understand the English Constitution that it admits of no such King nor any such Power 3. The King has deserted 1. By incapacitating himself by a Religion inconsistent with the Fundamentals of our Government 2. By forsaking the Power the Constitution allow'd him and usurping a Foreign one So that tho the Person remained the King was gone long ago 3. By Personal Withdrawing Seventhly The Supreme Power Real remains in the Community and they may act by their Original Power And tho every Particular Person is notwithstanding such Dissolution Forfeiture or Desertion subject to the Laws which were made by the Supreme Power Personal when in Being yet the Communities Power is not bound by them but is paramount all Laws made by the Supreme Power Personal And has a full Right to take such Measures for Settling the Government as they shall think most sure and effectual for the lasting Security and Peace of the Nation For we must note that it was the Community of England which first gave Being to both King and Parliament and to all the other Parts of our Constitution Eighthly The most Renowned Politician observes That those Kingdoms and Republicks subsist longest that are often renewed or brought back to their first Beginnings which is an Observation of Self-evident Truth and implies That the Supreme Power Real has a Right to renew or bring back And the most-ingenious Lawson observes in his Politica That the Community of England in the late Times had the greatest Advantage that they or their Ancestors had had for many Ages for this purpose tho God hid it from their Eyes But the wonderful Concurrence of such a series of Providences as we now see and admire gives ground to hope That the Veil is removed and the Nation will now see the Things that concern their Peace Ninthly The Acts done and executed by the Supreme Power Personal when in Being have so modell'd the Parts and Persons of the Community that the Original Constitution is the best justest and the most desirable The Royal Family affords a Person that both Heaven and Earth point out for King There are Lords whose Nobility is not affected by the Dissolution of the Government and are the subject Matter of a House of Lords And there are Places which by Custom or Charter have Right to choose Representatives of the Commons Tenthly There are inextricable Difficulties in all other Methods For 1. There is no Demise of the King neither Civil nor Natural 2. There is consequently no Descent 3. The Community only has a Right to take Advantage of the King's Forfeiture or Desertion 4. Whatever other Power may be imagin'd in the two Houses as Houses of Parliament it cannot justify it self to the Reason of any who understand the Bottom of our Constitution 5. By this Method all Popish Successors may be excluded and the Government secured in case all the Protestants of the Family die without Issue And this by the very Constitution of England And the Question can never arise about the Force or the Lawfulness of a Bill of Exclusion 6. The Convention will not be oblig'd to take Oaths c. Eleventhly If these things be granted and the Community be at Liberty to act as above it will certainly be most advisable not only for the Security and Welfare of the Nation but if rightly understood for the Interest of their Royal Highnesses to limit the Crown as follows To the Prince of Orange during his Life yet with all possible Honour and Respect to the Princess whose Interests and Inclinations are inseparably the same with his Remainder to the Princess of Orange and the Heirs of her Body Remainder to the Princess of Denmark and the Heirs of her Body Remainder to the Heirs of the Body of the Prince of Orange Remainder as an Act of Parliament shall appoint This will have these Conveniences among others 1. Husband and Wife are but one Person in Law and her Husbands Honour is hers 2. It puts the present Kingly Power into the best Hand in the World which without Flattery is agreed on by all Men. 3. It asserts the above said Power in the
Community 4. It will be some Acknowledgment to the Prince for what he has done for the Nation And it is worthy Observation that before the Theocracy of the Jews ceased the manner of the Divine Designation of their Judges was by God's giving the People some Deliverance by the hand of the Person to whose Government they ought to submit and this even in that time of extraordinary Revelations Thus Othniel Gideon Jephthah Sampson and others were invested by Heaven with the Supreme Authority And though Joshua had an immediate Command from God to succeed Moses and an Anointing to that purpose by the laying on of Moses's Hands Yet the Foundation of the People's Submission to him was laid in Jordan And I challenge the best Historians to give an Instance since that Theocracy ceased of a Designation of any Person to any Government more visibly Divine than that which we now admire If the Hand of Providence miraculously and timely disposing Natural Things in every Circumstance to the best advantage should have any influence upon Mens Minds most certainly we ought not here to be insensible If the Voice of the People be the Voice of God it never spoke louder If a Nation of various Opinions Interests and Factions from a turbulent and fluctuating State falls into a serene and quiet Calm and Mens Minds are strangely united on a sudden it shews from whence they are influenced In a word if the Hand of God is to be seen in Human Affairs and his Voice to be heard upon Earth we cannot any where since the ceasing of Miracles find a clearer and more remarkable Instance than is to be observ'd in the present Revolution If one examines the Posture of Foreign Affairs making way for the Prince's Expedition by some sudden Events and Occurrences which no Human Wisdom or Power could have brought about if one observes that Divine Influence which has directed all his Counsels and crown'd his Undertakings notwithstanding such innumerable Dangers and Difficulties with constant Honour and Success If one considers how happily and wonderfully both Persons and Things are changed in a little time and without Blood it looks like so many marks of God's Favour by which he thinks fit to point him out to us in this extraordinary Conjuncture I will trouble you but with one Consideration more which is That the two things most necessary in this Affair are Unanimity and Dispatch For without both these your Counsels will have little Effect In most things 't is good to be long in resolving but in some 't is fatal not to conclude immediately And presence of Mind is as great a Vertue as Rashness is a Vice For the turns of Fortune are sometimes so quick that if Advantage be not taken in the critical hour 't is for ever lost But I hope your Lordships and all those Gentlemen who compose this August Assembly will proceed with so much Zeal and Harmony that the Result of your present Consultations may be a lasting and grateful Monument to Posterity of your Integrity Courage and Conduct The Late Honourable Convention proved a Legal Parliament I. THE necessity of a Parliament agreed by the Lords and Commons Voting that the Throne is Vacant for there being a Vacancy there follows an immediate necessity of setling the Government especially the Writs being destroyed and the Great Seal carried away put a period to all publick Justice and then there must be a supply by such means as the necessity requires or a failure of Government II. Consider the Antecedents to the calling the Convention that is about three hundred of the Commons which is a majority of the fullest House that can be made above sixty Lords being a greater number than any part divided amounted to at this great Meeting the Lord Mayor Aldermen and Common Council of the City of London by application to His then Highness the Prince of Orange desired him to accept of the Administration of Publick Affairs Military and Civil which he was pleased to do to the great satisfaction of all good People and after that His Highness was desired to Issue forth his Circular Letters to the Lords and the like to the Coroners and in their absence to the Clerks of the Peace to Elect Knights Citizens and Burgesses this was more than was done in fifty nine for the calling a Parliament in April 1660. for there the Summons was not real but fictitious i. e. in the names of the Keepers of the Liberties of England a meer Notion set up as a Form there being no such Persons but a meer Ens rationis impossible really to exist so that here was much more done than in 1659 and all really done which was possible to be invented as the Affairs then stood Besides King Charles the 2d. had not abdicated the Kingdom but was willing to return and was at Breda whither they might have sent for Writs and in the mean time have kept their form of Keepers of the Liberties c. But in the present case there was no King in being nor any style or form of Government neither real or notional left so that in all these respects more was done before and at the calling of this Great Convention than for calling that Parliament for so I must call it yet that Parliament made several Acts in all thirty seven as appears by Keebles Statutes and several of them not confirmed I shall instance but in one but it is one which there was occasion to use in every County of England I mean the Act for Confirming and Restoring Ministers being the 17th of that Sessions all the Judges allowed of this as an Act of Parliament tho never confirmed which is a stronger case than that in question for there was only fictitious Summons here a real one III. That without the Consent of any Body of the People this at the Request of a Majority of the Lords more than half the number of the Commons duly chosen in King Ch. the 2d. time besides the great Body of the City of London being at least esteem'd a 5th part of the Kingdom yet after the King's Return he was so well satisfied with the calling of that Parliament that it was Enacted by the King Lords and Commons Assembled in Parliament that the Lords and Commons then Sitting at Westmiuster in the present Parliament were the two Houses of Parliament notwithstanding any want of the Kings Writs or Writ of Summons or any defect whatsoever and as if the King had been present at the beginning of the Parliament this I take to be a full Judgment in full Parliament of the case in question and much stronger than the present case is and this Parliament continued till the 29th of December next following and made in all thirty seven Acts as abovementioned The 13 Caroli 2. chap. 7. a full Parliament called by the Kings Writ recites the other of 12 Caroli 2. and that after his Majesties return they were continued till the 29th of December
and then dissolved and that several Acts passed this is the plain Judgment of another Parliament 1. Because it says they were continued which shews they had a real being capable of being continued for a Confirmation of a void Grant has no effect and Confirmation shews a Grant only voidable so the continuance there shewed it at most but voidable and when the King came and confirm'd it all was good 2. The dissolving it then shews they had a being for as ex nihilo nihil fit so super nihil nil operatur as out of nothing nothing can be made so upon nothing nothing can operate Again the King Lords and Commons make the great Corporation or Body of the Kingdom and the Commons are legally taken for the Free-holders Inst 4. p. 2. Now the Lords and Commons having Proclaimed the King the defect of this great Corporation is cured and all the Essential parts of this great Body Politique united and made compleat as plainly as when the Mayor of a Corporation dies and another is chosen the Corporation is again perfect and to say that which perfects the great Body Politique should in the same instant destroy it I mean the Parliament is to make contradictions true simul semel the perfection and destruction of this great Body at one instant and by the same Act. Then if necessity of Affairs was a forcible Argument in 1660 a time of great peace not only in England but throughout Europe and almost in all the World certainly 't is of a greater force now when England is scarce delivered from Popery and Slavery when Ireland has a mighty Army of Papists and that Kingdom in hazard of final destruction if not speedily prevented and when France has destroyed most of the Protestants there and threatens the ruine of the Low-Countries from whence God has sent the wonderful Assistance of our Gracious and therefore most Glorious King and England cannot promise safety from that Foreign Power when forty days delay which is the least can be for a new Parliament and considering we can never hope to have one more freely chosen because first it was so free from Court-influence or likelihood of all design that the Letters of Summons issued by him whom the great God in infinite Mercy raised to save us to the hazard of his Life and this done to protect the Protestant Religion and at a time when the people were all concerned for one Common interest of Religion and Liberty it would be vain when we have the best King and Queen the World affords a full house of Lords the most solemnly chosen Commons that ever were in the remembrance of any Man Living to spend Money and lose time I had almost said to despise Providence and take great pains to destroy our selves If any object Acts of Parliament mentioning Writs and Summons c. I answer the Prededent in 1660 is after all those Acts. In private cases as much as has been done in point of necessity a Bishop Provincial dies and sede vacant a Clerk is presented to a Benefice the Presentation to the Dean and Chapter is good in this case of Necessity and if in a Vacancy by the Death of a Bishop a Presentation shall be good to the Dean and Chapter rather than a prejudice should happen by the Church lying void Surely a fortiori Vacancy of the Throne may be supplied without the formality of a Writ and the great Convention turn'd to a Real Parliament A Summons in all points is of the same real force as a Writ for a Summons and a Writ differ no more than in name the thing is the same in all Substantial parts the Writ is Recorded in Chancery so are His Highnesses Letters the proper Officer Endorses the Return so he does here for the Coroner in defect of the Sheriff is the proper Officer the People Choose by Virtue of the Letters c. quae re concordant parum differunt they agree in Reality and then what difference is there between the one and the other Object A Writ must be in Actions at Common Law else all Pleading after will not make it good but Judgment given may be Reversed by a Writ of Error Answ The case differs first because Actions between party and party are Adversary Actions but Summons to Parliament are not so but are Mediums only to have â—n Election 2. In Actions at Law the Defendant may plead to the Writ but there is no plea to a Writ for electing Members to serve in Parliament and for this I have Littleton's Argument there never was such a Plea therefore none lies Object That they have not taken the Test Answ They may take the Test yet and then all which they do will be good for the Test being the distinguishing Mark of a Protestant from a Papist when that is taken the end of the Law is performed Object That the Oaths of Allegiance and Supremacy ought to be taken and that the new ones are not legal Answ The Convention being the Supream Power have abolish'd the old Oaths and have made new ones and as to the making new Oaths the like was done in Alfreds time when they chose him King vide Mirror of Justice Chap. 1. for the Heptarchy being turn'd to a Monarchy the precedent Oaths of the seven Kings could not be the same King Alfred swore Many Precedents may be cited where Laws have been made in Parliament without the King 's Writ to summon them which for brevity's sake I forbear to mention For a farewel the Objections quarrel at our Happiness fight against our Safety and aim at that which may indanger Destruction The Present Convention a Parliament I. THat the formality of the Kings Writ of Summons is not so essential to an English Parliament but that the Peers of the Realm and the Commons by their Representatives duly Elected may legally act as the great Council and representative Body of the Nation though not summoned by the King especially when the circumstances of the time are such that such Summons cannot be had will I hope appear by these following Observations First The Saxon Government was transplanted hither out of Germany where the meeting of the Saxons in such Assemblies was at certain fixed times viz. at the New and Full Moon But after their Transmigration hither Religion changing other things changed with it and the times for their publick Assemblies in conformity to the great Solemnities celebrated by Christians came to be changed to the Feasts of Easter Pentecost and the Nativity The lower we come down in Story the seldomer we find these General Assemblies to have been held and sometimes even very anciently when upon extraordinary occasions they met out of course a Precept an Edict or Sanction is mentioned to have Issued from the King But the Times and the very place of their ordinary Meeting having been certain and determined in the very first and eldest times that we meet with any mention of
super sacras sanctas reliquias coram Regno Sacerdotio Clero jurare antequam ab Archiepiscopis Episcopis Regni coronetur Lamb. de priscis Anglorum Legibus p. 142. Another Instance of the Deposition of a King of England subsequent to this Law we find in King John's time whose Oppressions and Tyrannical Government our Histories are full of Of which take this following Account out of a very Antient Historian Whereas the said John had sworn solemnly at his Coronation as the manner is that he would preserve the Rights and Usages of the Church and Realm of England yet contrary to his Oath he subjected as far as in him lay the Kingdom of England which has always been free and made it tributary to the Pope without the Advice and Consent of his Barons subverting good Customs and introducing evil ones endeavouring by many Oppressions and many ways to enslave both the Church and the Realm which Oppressions you know better than I as having felt them by manifold Experience For which Causes when after many Applications made War was waged against him by his Barons at last amongst other things it was agreed with his express Consent that in case the said John should return to his former Villanies the Barons should be at liberty to recede from their Allegiance to him never to return to him more But he after a few days made his latter end worse than his beginning endeavouring not only to oppress his Barons but wholly to exterminate them who therefore in a GENERAL ASSEMBLY and with the APPROBATION of ALL THE REALM adjudging him unworthy to be King chose US for their Lord and King Collect. p. 1868 1869. Chron. W. Thorn Cum praefatus Johannes in Coronatione suâ solennitèr prout moris est jurasset se Jura Consuetudines Ecclesiae Regni Angliae conservaturum contra juramentum suum absque consilio vel consensu Baronum suorum idem Regnum quod semper fuit liberum quantum in ipso fuit Domino Papa subjecit fecit tributarium bonas consuetudines subvertens malas indutens tam Ecclesiam quam Regnum multis oppressionibus multisque modis studens ancellare quas oppressiones vos meliùs nostis quam nos ut qui eas familiari sensistis experimento Pro quibus cum post multas requisitiones guerra mota esset contra ipsum à Baronibus suis tandem inter caetera de ejus expresso Consensu it à convenit ut si idem Johannes ad flagitia prima rediret ipse Barones ab ejus fidelitate recederent nunquam ad eum postmodùm reversuri Verùm ipse nihilominus paucis diebus evolutis fecit novissima sua pejora prioribus studens Barones suos non tantum opprimere sed potiùs penitùs exterminare Qui DE COMMVNI REGNI CONSILIO APPROBATIONE ipsum Regno judicantes indignum nos in Regem Dominum elegerunt Collect. 1868 1869. Chron. W. Thorn Lewis his Letter to the Abbot of St. Austins Canterbury The next Instance shall be that of King Edward the Second the Record of whose Deposition if it were extant would probably disclose all the Legal Formalities that were then accounted proper for the deposing an Unjust Oppressive King But they were cancelled and imbezled as is highly probable from Rastal's Stat. pag. 170 171. compar'd with the Articles exhibited in Parliament against King Richard the Second of which hereafter in King Richard the Second's time and by his Order Yet the Articles themselves are preserv'd in the Collect. and are as followeth viz. Accorde est que Sire Edward Fitz aisnè du Roy ait le Goverment du Royalme soit Roy Couronne pur les causes que s' ensuent 1. Pur ceo que la Person le Roy n' est pas suffisant de Governer Car en tout son temps il ad estre mene governe per auters que ly ont mavaisement conseillez à deshonour de ly destruction de Saint Esglise de tout son People sanz ceo que il le vousist veer ou conuster lequel il fust bon ou mauvays ou remedie mettre au faire le voufist quant il fuit requis par les grants sages de son Royalme ou souffrir que amende fuist faite 2. Item Par son temps il ne se voloit doner à bon Counsel ne le croire ne à bon Government de son Royalme mes se ad done tous jours as Ouvrages Occupations nient Convenables enterlessant l'esploit des besoignes de son Royalme 3. Item Par defaut de bon goverment ad il perdu le Royalme d'Escoce auters Terres Seigneuries en Gascoyne Hyrland les queux son Pere le leisa en pees amistè du Roy de France dets mults des auters Grants 4. Item Par sa fiertè qualte par mauvays Counsel ad il destruit Saint Esglise les Persons de Saint Esglise tenus en prison les uns les auters en distresce auxynt plusors Grants Nobles de sa terre mys à honteuse mort enprisones exulets desheritez 5. Item Là ou il est tenus par son serment à faire droit à toute il ne l' ad pas volu faire pur son propre proffitt covetise de ly de ces maveis consailires que ount este pres de ly ne ad garde les auters Points del serment qu' il fist à son Coronement si come il fuest tenus 6. Item Il deguerpist son Royalme fist tant come en ly fust que son Royalme son People fust perduz que pys est pur la cruaute de ly defaute de sa personne il est trove incorrigible saunz esperance de amendment les queux choses sont si notoires qu' ils ne pount este desdits For these Causes De consilio assensu omnium Praelatorum Comitum Baronum totius Communitatis Regni amotus est à regimine Regni Apolog. Ade de Orleton Collect p. 2765 2766. It is accorded that Prince Edward the King 's eldest Son shall have the Government of the Kingdom and be crowned King for the Causes following 1. For that the Person of the King is insufficient to govern for that during his whole Reign he has been led and governed by others who have given him evil Counsel to his Dishonour and the Destruction of Holy-Church and of all his People he being unwilling to consider or know what was good or evil or to provide remedy even when it was required of him by the great and wise Men of his Realm or suffer any to be made 2. Also during all his time he would neither hearken to nor believe good Counsel nor apply himself to the good Government of his Realm but hath always given himself over to Things and Occupations altogether inconvenient omitting in the mean
time the necessary Affairs and Business of the Kingdom 3. Also For want of good Government he hath lost the Kingdom of Scotland and other Lands and Territories in Gascoin and Ireland which his Father left him in peace and friendship with the French King and with many other Grandees 4. Also By his Pride and Arrogance and evil Counsel he has destroyed Holy-Church imprisoning some Persons thereof and put others in distress And also he hath put to a shameful death imprisoned and disinherited many of the great Men and Nobles of the Land 5. Also Whereas he is bound by his Oath to administer Justice to all he would not do it through his own Covetousness and that of Evil Counsellors that were about him neither hath he kept the other Points of the Oath which he took at his Coronation as he was bound 6. Also He hath wasted his Kingdom and did what in him lay that his Realm and People should be destroy'd and which is worse by his Cruelty and personal Failings or Defects he is found to be incorrigible and past all hopes of amendment All which things are so notorious that they cannot be denied For these Causes by advice and assent of all the Prelats Earls and Barons and of the whole Commonalty of the Kingdom he was deposed from the Government Apology of Adam de Orleton Collect. p. 2765 2766. These Proceedings against King Edward the Second are no-where extant but in that Author Which is the less to be wondred at if we consider that in King Richard the Second's time the King 's parasitical Court-Favourites so influenced the Judges That to the Question How he was to be punished that moved in the Parliament that the Statute should be sent for whereby Edward the Son of King Edward was another time indicted in the Parliament They answered That as well he that moved as the other who by force of the same motion brought the said Statute into the Parliament-House be as Criminals and Traitors worthy to be punished V. Rastal 's Statutes 170 171. Tho for that and other extravagant pernicious and treasonable Opinions delivered those Judges were severely punished as is notoriously known And also That it was afterwards one Article of Impeachment against King Richard the Second That he had cancelled and razed sundry Records In King Richard the Second's time many Animosities arose from time to time betwixt him and his Parliaments insomuch that in the eleventh year of his Reign the Parliament then sitting at London the King absented himself from them and staid at Eltham refusing to come at them and join with them in the Publick Affairs upon which occasion the Lords and Commons sent Messengers to him with an Address which the Historian H. Knighton sets forth at large and which I will here give the Reader a Transcript of at large because it will afford many useful Inferences and Observations Salubri igitur usi consilio miserunt de communi Assensu totius Parliamenti Dominum Thomam de Wodestoke Ducem Glocestriae Thomam de Arundell Episcopum Elyensem ad Regem apud Eltham qui salutarent eum ex parte Procerum Communium Parliamenti sui sub tali sensu verborum ei referentes vota eorum Domine Rex Proceres Domini atque totus populus Communitatis Parliamenti vestri cum humillimâ subjectione se commendant excellentissimo Regalis Dignitatis vestrae cupientes prosperum iter invincibilis honoris vestri contra inimicorum potentiam validissimum vinculum pacis dilectionis cordis vestri erga subditos vestros in augmentum commodi vestri erga Deum salutem animae vestrae ad inedicibilem consolationem totius Populi vestri quem regis Ex quorum parte haec vobis intimamus Quod ex antiquo Statuto habemus consuetudine laudabili approbata cujus contrarietati dici non valebit quod Rex noster convocare potest Dominos Proceres Regni atque Communes semel in anno ad Parliamentum suum tanquam ad summam curiam totius Regni in quâ omnis aequitas relucere deberet absque qualibet scrupulositate vel nota tanquam Sol in ascensu meridiei ubi pauperes divites pro refrigerio tranquillitatis pacis repulsione injuriarum refugium infallibile quaerere possent ac etiam errata Regni reformare de Statu Gubernatione Regis Regni cum sapientiori consilio tractare us inimici Regis Regni intrinseci hostes extrinseci destruantur repellantur quomodò convenientius honorificentius fieri poterit cum salubri tractatu in eo disponere praevidere qualiter quaeque onera incumbentia Regi Regno levius ad ediam communitatis supportari poterunt Videtur etiam iis quod ex quo onera supportant incumbentia habent etiam supervidere qualiter per quos eorum bona catalla expendantur Dicunt etiam quod habent ex antiquo Statuto quod si Rex à Parliamento suo se alienaverit suâ sponte non aliquâ infirmitate aut aliquâ aliâ de causâ necessitatis sed per immoderatam voluntatem protervè se subtraxerit per absentiam temporis quadraginta dierum tanquam de vexatione populi sui gravibus eorum expensis non curans extunc licitum omnibus singulis eorum absque domigerio Regis redire ad propria unicuique eorum in patriam suam remeare Et jam vos ex longiore tempore absentâstis quâ de causâ nesciunt venire renuistis Ad haec Rex Jam planè consideramus quod Populus noster atque Communes intendunt resistere atque contra nos insurgere moliuntur in tali infestatione melius nobis non videtur quin cognatum nostrum Regem Francia ab eo consilium auxilium petere contra insidiantes nos ei submittere potiùs quà m succumbere subditis nostris Ad haec illi responderunt Non est hoc vobis sanum consilium sed magis ducens ad inevitabile detrimentum nam Rex Franciae capitalis inimicus vester est Regni vestri adversarius permaximus si in terram Regni vestri pedem figeret potiùs vos spoliare laboraret Regnum vestrum invadere vosque à sublimitate Regalis solii expellere quam vobis aliquatenùs manus adjutrices cum favore apponere si quod absit ejus suffragio quandoque indigeretis Ad memoriam igitur revocetis qualiter avus vester Edwardus tertius Rex similiter pater Edwardus Princeps nomine ejus in sudore angustiis in omni tempore suo per innumerabiles labores in frigori calore certaverunt indefesse pro conquisitione Regni Franciae quod eis jure haereditario attinebat vobis per successionem post eos Reminiscemini quoque qualitèr Domini Regni Proceres atque Communes innumerahiles tam de Regno Angliae quam Franciae Reges quoque Domini de aliis