and Authority of the King and some Prosecutors who earnestly pressed the Lords thereunto upon pretence of speedily avenging the blood of the former King and his Uncle So that the judgement was given at the Kings suit in a way not warranted by the Law and Custom of Parliament or any other Law of the Kingdom Surely when the Lords blood was suffered to cool they had reason to desire something might be left upon Record to preserve them for the future from being put upon such shameful work though such a case as the Murder of a King should again happen as it seems they did not fear to be pressed in any other so to violate the Laws But Thirdly There is not a word in the Record that imports a restriction of that lawful Jurisdiction which our Constitution placeth in the Lords to try Commoners when their cases should come before them lawfully at the suit of the Commons by Impeachment There is no mark of an intention to change any part of the ancient Government but to provide against the violation of it and that the Law might stand as before notwithstanding the unlawful Judgment they had lately given So that the question is still the same whether by the Law of the Land that is the Law and Custom of Parliament or any other Law the Lords ought to try Commoners Impeached by the Commons in Parliament as if that Record had never been And we cannot think that any man of sence will from that Record make an argument in this point since it could be no better than to infer that because the Lords are no more to be pressed by the the King or at his suit to give Judgement against Commoners contrary to the Law of the Land when they are not Impeached in Parliament therefore they must give no Judgment against them at the suit of the Commons in Parliament when they are by them Impeached according to the Laws and Customs of Parliament But if such as delight in these cavils had searched into all the Records relating unto that of the 4 Edw. 3. They might have found in the 19 of the same King a Writ issued out to suspend the Execution of the Judgment against Matrevers because it had been illegally passed And the chief reason therein given is that he had not been Impeached and suffered to make his defence But it was never suggested nor imagined that the Lords who judged him had no Jurisdiction over him because he was a Commoner or ought not to have exercised it if he had been Impeached Nor was it pretended that by Magna Charta he ought to have been tryed only by his Peers the Laws of the Land therein mentioned and the Laws and Customs of Parliaments being better known and more reverenced in those dayes than to give way to such a mistake They might also have found by another Record of the 26. of the same King that by undoubted Act of Parliament Matravers was pardon'd and the Judgment is therein agreed by the Lords and Commons to have been illegal and unjustly passed by the violent Prosecution of his Enemies but it is not alledged that it was coram non judice as if the Lords might not have judged him if the proceedings before them had been legal But as the sence and proceedings of all Parliaments have ever been best known by their practice The objectors might have found by all the Records since the 4 Edw. 3. that Commoners as well as Lords might be and have been Impeached before Lords and judged by them to Capital or other punishments as appears undenyably to every man that hath read our Histories or Records And verily the concurrent sence and practice of Parliaments for so many Ages will be admitted to be a better interpretation of their own Acts than the sense that these men have lately put upon them to encrease our Disorders But to silence the most malicious in this point let the famous Act of the 25 of Edw. 3. be considered which hath ever since limited all inferior Courts in their Jurisdiction unto the Tryal of such Treasons only as are therein particularly specified and reserved all other Treasons to the tryal and judgment of Parliament So that if any such be committed by Commoners they must be so Tryed or not at all And if the last should be allowed it will follow that the same fact which in a Peer is Treason and punishable with death in a Commoner is no Crime and Subject to no punishment Nor doth Magna Charta confine all Trials to common Juries for it ordains that they shall be Tryed by the Judgement of Peers or by the Law of the Land And will any man say the Law of Parliament is not the Law of the Land Nor are these words in Magna Charta superfluous or insignificant for then there would be no Tryal before the Constable or Marshal where is no Jury at all There could be no Tryal of a Peer of the Realm upon an Appeal of Murder who according to the Law ought in such cases to be tried by a common Jury and not by his Peers And since the Records of Parliaments are full of Impeachment of Commons and no instance can be given of the rejection of any such Impeachment it is the Commons who have reason to cite Magna Charta upon this occasion which provides expresly against the denyal of Justice And indeed it looks like a denyal of Justice when a Court that hath undoubted Cognisance of a Cause regularly brought before them shall refuse to hear it But most especially when as in this case the Prosecutors could not be so in any other Court so as a final stop was put to their suit though the Lords could not judicially know whether any body else would prosecute else-where This proceeding of the Lords looks the more odly because they rejected the Cause before they knew as Judges what it was and referred it to the ordinary Course of Law without staying to hear whether it were a matter whereof an inferior Court could take Cognisance There are Treasons which can only be adjudged in Parliament and if we may collect the sense of the House of Commons from their debates they thought there was a mixture of those kind of Treasons in Fitz-Harris's case And therefore there was little reason for that severe suggestion that the Impeachment was only designed to delay a Trial since a compleat examination of his Crime could be had no where buâ— in Parliament But it seems somewhat strange that the delaying of a Tryal and that against a professed Papist charged with Treason should be a matter so extreamly sensible For might it not be well retorted by the People that it had been long a matter extreamly sensible to them that so many Prorogations so many Dissolutions so many other Arts had been used to delay the Trials which His majesty had often desired and the Parliament prepared for against five professed Popish Lords charged
A Just and Modest Vindication of the proceedings of the Two last PARLIAMENTS THE Amazement which seiz'd every good Man upon the unlook'd for Dissolution of two Parliaments within three Moneths was not greater than at the sight of a Declaration pretending to justifie and give Reasons for such extraordinary proceedings It is not to be denyed but that our Kings have in a great measure been Intrusted with the Power of calling declaring the Dissolutions of Parliaments But least through defect of Age Experience or Understanding they should at any time forget or mistake our Constitution or by-Passion private Interest or the influence of ill Counsellors be so far misled as not to Assemble Parliaments when the Publick Affairs require it or to Declare them Dissolved before the ends of their Meeting were Accomplished The Wisdom of our Ancestors has provided by divers Statutes both for the holding of Parliaments Annually and that they should not be Prorogued or Dissolved till all the Petitions Bills before them were answered and Redressed The Constitution had been equally Imperfect and Destructive of it self had it been left to the choice of the Prince whether he would ever Summon a Parliament or put into his power to dismiss them Arbitrarily at his pleasure That Parliaments should thus Meet and thus Sit is secured to us by the same Sacred tye by which the King at his Coronation does Oblige himself to let his Judges Sit to distribute Justice every Term and to preserve Inviolably all other Rights and Liberties of his Subjects Therefore abruptly to Dissolve Parliaments at such a time when nothing but the Legislative Power and the United Wisdom of the Kingdom could Relieve us from our Just Fears or secure us from our certain Dangers is very unsuitable to the great Trust reposed in the Prince and seems to express but little of that Affection which we will always hope His Majesty bears towards His People the Protestant Religion But 't is not onely of the Dissolution it self that we Complain The manner of doing it is unwarranted by the Precedents of former Times full of dangerous Consequents We are taught by the Writ of summons that Parliaments are never called without the advice of the council and the usage of all Ages has been never to send them away without the same Advice To forsake this safe method is to expose the King Personally to the Reflections and Censures of the whole Nation for so ungrateful an Action Our Laws have taken care to make the King always dear to his People and to preserve his Person Sacred in their esteem by wisely preventing him from appearing as Author of any thing which may be unacceptable to them 'T is therefore that he doth not Execute any considerable Act of Regal Power till it be first Debated and Resolved in Council because then 't is the Counsellors must answer for the Advice they Give and are Punishable for such Orders as are Irregular and Illegal Nor can his Ministers justifie any unlawful action under the color of the Ks. Commands since all his Commands that are contrary to Law are void which is the true Reason of that well known Maxim that the King can do no wrong A Maxim just in it self and alike safe for the Prince and for the Subject there being nothing more absurd then that a Favorite should excuse his enormous Actings by a pretended Command which we may reasonably suppose he first procured to be laid upon himself But we know not whom to charge with Advising this last Dissolution It was a work of Darkness and if we are not Misinform'd the Privy Council was as much surpriz'd at it as the Nation Nor will a future Parliament be able to Charge any Body as the Author or Adviser of the late Printed Paper which bears the Title of His Majesties Declaration though every good Subject ought to be careful how he calls it so For His Majesty never speaks to his People as a King but either Personally in his Parliament or at other times under his Seal for which the Chancellor or other Officers are Responsible if what passes them be not Warranted by Law Nor can the direction of the Privy Council enforce any thing upon the People unless that Royal and Legal stamp gives it an Authority But this Declaration comes abroad without any such Sanction and there is no other ground to ascribe it to His Majesty than the uncertain Credit of the Printer whom we will easily suspect of an Imposture rather than think the King would deviate from the approved course of Hâ—s Illustrious Ancestors to puâ—sue a New and Unsuccessful Method The first Declaration of this sort which I ever met with being that which was published in the Year 1628. Which was so far from answering the ends of its coming out that it fill'd the whole Kingdom with Jealousies and was one of the first sad Causes of the ensuing Unhappy War The Truth is Declarations to justifie what Princes do must always be either needless or ineffectual Their Actions ought to be such as may recommend themselves to the World and carry their own Evidence along with them of their usefulness to the Publick and then no Arts to justifie them will be necessary When a Prince descends so low as to give his Subjects Reasons for what he has done he not only makes them Judges whether there be any weight in those Reasons but by so unusual a submission gives cause to suspect that he is conscious to himself that his Actions want an Apology And if they are indeed unjustifiable if they are Opposite to the inclinations apparently destructive of the Interests of his Subjects it will be very difficult for the most Eloquent or Insinuating Declaration to make them in Love with such things And therefore they did certainly undertake no easie task in pretending to perswade Men who see themselves exposed to the restless Malice of their Enemies who observe the languishing condition of the Nation that nothing but a Parliament can provide Remedies for the great Evils which they Feel and Fear that two several Parliaments upon whom they had placed all their hopes were so suddenly broken out of kindness to them or with any regard to their Advantage It was generally believed that this age would not have seen another Declaration since Colemans was so unluckily published before its time Not only because thereby the World was taught how little they ought to rely upon the sincerity of such kind of Writings but because that was a Master-peice which could hardly be equall'd and our present Ministers may well be out of countenance to see their Copy fall so very much short of the Original But should this Declaration be suffered to go abroad any longer under the Royal Name yet it will never be thought to have proceeded from His Majesties inclination or his Judgement but to be gained from him by the Artificies of the same ill Men who not being content
to have prevailed with him to Dissolve two Parliaments only to protect them from Publick Justice do now hope to excuse themselves from being thought the Authors of that Counsel by making him Openly to Avow it But they have discovered themselves to the Kingdom and have told their own Names when they number amongst the great Crimes of the House of Commons their having Declared divers Eminent Persons to be Enemies to the King and Kingdom 'T is our happiness that the Cunning of these Eminent Persons is not equal to their Malice in that they should thus unwarily make themselves known when they had so secretly and with so much Caution given the Pernicious Advice None could be offended at the proceedings of the Parliaments but they who were obnoxious none could be concern'd to vindicate the Dissolution but they who had Advised it But they have perform'd this last undertaking after such a sort that they have left themselves not only without a Justification but without all pretence herafter The People were willing to think it the Unfortunate effect of some suddain and precipitate Resolution but since they have now publickly assured us that it was the result of Counsel and Deliberation they cannot blame us for hoping one day to see Justice done upon such Counsellors But though to the dishonour of our Country it does appear that some English men were concern'd in the unhappy Advice of breaking the two last Parliaments and setting out this pretended defence of it yet the Gallicisms which are found in the Paper shew the Writer to have been of another Nation or at least to have had his thoughts so much taken up for the interests of France whilst he was laboring this way to heighten and perpetuate the differences between the King and his People that he could not express himself in any other idiom then theirs he would not otherwise have introduced the King saying That it was a matter extreamly sensible to Vs a form of speech peculiar to the French and unknown to any other Nation The Reader who understands that Language will observe so many more of this Kind as will give him just cause to doubt whether the whole Paper was not a Translation and whether the English one or that which was published in French was the Original Let us then no longer wonder that the time of Dissolving our Parliaments is known at Paris sooner then at London since 't is probable the Reasons now Given for it were formed there too The Peers at Oxford were so totally ignorant of the Council that they never once thought of a Dissolution till they heard it pronounced but the Dutchess of Mazarine had better Intelligence and published the News at St. James's many hours before it was done This Declaration was not Communicated to the Privy Council till Friday the 8. of April when His Majesty according to the late method did Gratiously declare to them his pleasure to set it forth without desiring from them any Advice in the matter but Monsieur Barillon the French Ambassador did not only Read it to a Gentleman the fifth of April but advised with him about it and demanded his Opinion of it which his Excellency will the better remember because of the great liberty which the Person took in Ridiculing it to his Face Good God to whâ—t a Condition is this Kingdom reduced when the Ministers and Agents of the only Prince in the World who can have Designs against us or of whom we ought to be afraid are not only made acquainted with the most secret Passages of State but are made our Cheif Ministers too and have the Principal Conduct of our Affairs And let the World judge if the Commons had not Reason for their Vote when they Declared those Eminent Persons who manage things at this rate to be Enemies to the King and Kingdom and Promoters of the French Interest Whosoever considers the Actions of our Great Men will not think it strange that they should be hard put to it to find out Reasons which they might give for any of them and they have had very ill luck when ever they went about it That Reason which they have given for Dissolving three several Parliaments successively is now grown ridiculous that the King was resolved to meet his People and to have their Advice in frequent Parliament since every Man took notice that as soon as the Ministers began to suspect that His Majesty was inclined to hearken to and pursue their Advice those very Parliaments were presently Dissolved This was all the Ground and Cause which was thought of for breaking the last Parliament at Westminister when the Proclamation of the 8th of Jan. 1680 was published but they have now considered better and have found out faults enough to swel into a Declaration and yet as much offended as they are with this Parliament they seem more highly Angry with that which followed at Oxford Nor is it at all strange that it should fall out so for the Court did never yet Dissolve a Parliament abruptly and in a heat but they found the next Parliament more Averse and to insist upon the same things with greater eagerness then the former English Spirits resent no Affronts so highly as those which are done to their Representatives and the Court will be sure to find the Effects of that Resentment in the next Election A Parliament does ever participate of the present temper of the People Never were Parliaments of more different Complexions than that of 1640. And that of 1661. Yet they both exactly answered the humors which were predominant in the Nation when they were Respectively chosen And therefore while the People do so universally Hate and Fear France and Popery and do so well understand who they are who promote the French and Popish Interest the Favourites do but Cozen themselves to think that they will ever send up Representatives less Zealous to bring them to Justice then those against whom this Declaration is published For surely this Declaration what great things soever may be expected from it will make but very few Converts not only because it represents things as high Crimes which the whole Kingdom has been Celebrating as Meritorious Actions but because the People have been so often deceived by former Declarations that whatsoever carries that Name will have no Credit with them for the future They have not yet forgotten the Declaration from Breda though others forgot it so soon and do not spare to say that if the same diligence the same earnest sollicitations had been made use of in that Affair which have been since exercised directly contrary to the Design of it there is no doubt but every part of it would have had the desired success all His Majesties Subjects would have enjoyed the fruits of it and have now been extolling a Prince so careful to keep Sacred His promises to His People If we did take notice of the several Declarations Published since that which we have
longer Confinement and 't was insolence in him to Arraign their Justice because they did not instantly leave all their great Debates to dispatch the business relating to him Thompson of Bristol was Guilty of divers great Breaches of Priviledge but yet his Commitment was only in order to an Impeachment and assoon as they had gone through with his Examination they ordered him to be set at Liberty giving security to answer the Impeachment which they had Voted against him But is it a thing so strange new to the Authors of the Declaration that the House of Commons should order men to be taken into Custody for matters not relating to Priviledge Have they not heard that in the 4. Edw. 6. Criketost was Commited for confederating in an Escape that 18. Jac. Sir Francis Michel was Committed for Misdemeanors in procuring a Patent for the forfeitures of Recognizances together with Fowles Gerrard and divers others none of which were Members of Parliament that 20. Jac. Dr. Harris was taken into Custody for Misbehaving himself in Preaching and that 3. Car. Burgesse was Committed for faults in Catechizing and Lâ—vet for presuming to exercise a Patent which had been adjudged a Greivance by a Committee of the Commons in a former Parliament There would be no end of giving instances of those Commitments which may be observed in almost every Parliament so that the House of Commons did but tread in the steps of their Predecessors and these sorts of Orders where not new though the Declaration take the Liberty to call them Arbitrary The Commons had betray'd their Trust if they had not Asserted the Right of Petitioning which had been just before shaken by such a strange Illegal and Arbritary Proclamation But now we come to the Transcendent monstrous Crimes which can never be forgiven by the Ministers the giving them their due Character which every man of understanding had fix'd upon them long before the whole current of their Councils being a full proof of the Truth of the Charge But what colour is there for calling these Votes illegal is it illegal for the Commons to Impeach Persons whom they have good reason to judge Enemies to the King and Kingdom Is it illegal to determine by a Vote which is the only way of finding the sence of the House who are wicked Counsellors deserve to be Impeached Could the Commons have called the parties accused to make their answer before themselves Had they not a proper time for their defence when they came to their Trals might they not have cleared their innocence much better if they durst have put that in issue by a Tryal then a Dissolution of the Parliamen But should we grant that these Votes were not made in order to an Impeachment yet still there is nothing illegal nothing extraordinary in them For the Commons in Parliament have ever used 2 ways of delivering their Country from pernicious powerful Favourites the one is in a Parliamentary course of Justice by Impeaching them which is used when they Judg it needful to make them publick Examples by Capital or other high Punishments for the terror of others The other is by immediate Address to the King to remove them as unfaithfnl or unprofitable Servants Their Lives their Liberties or Estates are never endangered but when they are proceeded against in the former of these ways Then legal evidence of their Guilt is necessary then there must be a proper time allowed for their defence In the other way the Parliament Act as the Kings great Council and when either House observe that Affairs are ill administred that the advice of Parliaments is rejected or slighted the Course of Justice perverted our Councels betray'd Greivances multiplyed the Government weakly and disorderly managed of all which our Laws have made it impossible for the King to be guilty They necessarily must and always have charg'd those who had the Administration of Affairs and the Kings Ear as the Authors of these mischeifs and have from time to time applyed themselves to him by Addresses for their Removal from his Presence and Councils There be many things plain and evident beyond the Testimony of any Witnesses which yet can never be proved in a legal way If the King will hearken to none but two or three of his Minions must we not conclude that every thing that is done comes from their Advice And yet if this way of representing things to the King were not allowed they might easily frustrate the enquiries of a Parliament It is but to whisper their Counsels and they are safe The Parliament may be busied in such great Affairs as will not suffer them to pursue every Offender through a long Process and besides there may be many reasons why a man should be turn'd out of a service which perhaps would not extend to subject him to punishment The People themselves are highly concern'd in the great Officers and Ministers of State who are Servants to the Kingdom as well as to the King And the Representatives of the People the Commons whose business it is to present all Greivances as they are most likely to observe soonest the Folly and Treachery of those publick Servants the greatest of all Greivances so this Representation ought to have no little weight with the Prince This was understood so well by H. 4. a Wise and brave Prince that when the Commons complain'd against four of his Servants and Councellors desiring they might be removed he came into Parliament and there declared openly that though he knew nothing against them in particular yet he was assured that what the Lords and Commons desired of him was for the good of himself and his Kingdom and therefore he did comply with them and banish'd those four Persons from his Presence and Councils declaring at the same time that he would do so by any others who should be near His Royal Person if they were so unhappy to fall under the Hatred and Indignation of his People The Records and Histories of the Reigns of Edward the first Edw. II Edw. III. and indeed of all other succeeding Kings are full of such Addresses as these but no History or Record can shew that ever they were called illegal or Un-Parliamentary till now Then the Ministers durst not appeal to the People against their own Representatives but ours at present have either got some new Law in the point or have attained to a greater degree of Confidence then any that went before them The best of our Princes have with thanks acknowledged the Care and Duty of their Parliaments in telling them of their Corruption and Folly of their Favourites E. I. E. II. H. VI. H. V. and Q. El. never faild to do it and no Names are remembred with greater Honour in the English Annals Whilst the disorderly the Troublesom and Unfortunate Reigns of H. III. Ed. II. R. II. and H. the VI. ought to serve as Land Marks to warn succeeding Kings from preferring
House pursuant to this Vote had it not been prevented by a Dissolution Nor was there the least direction or signification to the Judges which might give any occasion for the Reflection which follows in the Declaration The due and impartial Execution of the Laws is the unquestionable Duty of the Judges we hope they will always remember that duty so well as not to necessitate a H. of Commons to do theirs by calling them to Account for making private Instructions the rule of their Judgments and acting as men who have more regard to their Places then their Oaths 'T is too well known who it is that sollicites and manages in favor of Judges when a H. of Commons does demand Justice against them for breaking their Oaths And therefore the Publishers of this Declaration had said something well if when they tell us the Judges ought not to break their Oaths in Reverence to the Votes of either H. they had been pleased to add not in respect of any Command from the K. or Favorites Then we should have no more Letters from Secretaries of State to Judges sitting upon the Bench. Then we should have no more Proclamations like that of the 14th Oct. 1662. Forbidding the Execution of the Laws concerning High-ways Nor that of the 10th of May 1672. Dispencing with divers clauses in the Acts of Parliament for increase of Shipping Nor any more Declarations like that of the 15. of March 1672. Suspending the penal Laws in matters Ecclesiastical But the Judges are sworn to execute all Laws yet their is no obligation upon any man to inform against another And therefore though the Ministers prevented the Repeal of those Laws 't is to be hop'd that this Vote will restrain every Englishman from prosecuting Protestants when so wise and great a body have declared the pernicious effects of such aprosecution 'T is most true that in England no Law is abrogated by desuetude but it is no less true that there are many Laws still unrepealed which are never Executed nor can be without publick detriment The Judges know of many such dormant Laws yet they do not quicken the People to put them in Execution nor think themselves Guilty of Perjury that they do not such are the Laws for wearing Caps for keeping Lent those concerning Bowes and Arrows about killing Calves and Lambs and many others And those who vex men by Information on such antiquated Laws have been ever lookt upon as Infamous and Disturbers of the publick quiet Hence it is that there are no Names remembred with greater detestation than those of Empson and Dudley the whole Kingdom abhor'd them as Monsters in the time of H. VII and they were punish'd as Traitors in the Reign of his Son The alteration of the circumstances whereupon a Law was made or if it be against the genius of the People or have effects contrary to the intent of the makers will soon cause any Law to be disused and after a little disuse the reviving of it will be thought Oppression Especially if experience has shewn that by the non Execution the quiet the safety and Trade of the Nation have been promoted of all which the Commons who are sent from every part of the Kingdom are able to make the clearest Judgment Therefore after they have declared their Opinions of the Inconvenience of reviving the Execution of these Laws which have lain asleep for divers years tho the Judges must proceed if any forward Informers should give them the trouble yet they would not act wisely or honestly if they should Encourage Informers or quicken Juries by strict and severe charges Especially if it be considered that the Lords also were preparing Bills in favor of Dissenters and that the King has wish'd often it was in his power to ease them So that tho there be no Act of Repeal formerly passed we have the consent and desire of all who have any share in making Acts. But let this Vote have what consequence it will yet sure the Ministers had forgot that the Black Rod was at the door of the House to require them to attend His Majesty at the very time when it was made otherwise they would not have numbred it amongst the causes which occasioned the King to part with that Parliament And those that knew His Majesty was putting on his Robes before that Vote passed might imagine a Dissolution thus forseen might occasion it but cannot be brought to believe that the Vote which was not in being could occasion the Dissolution These are the proceedings which the Ministers judg unwarrantable in the Parliament at Westminster and for which they prevailed with His Majesty to part with it But since it is evident upon Examination that the principles of our Constitution the method of Parliaments and the precedents of every Age were their Guide and Warrant in all those things surely the K. must needs be alike offended with the Men about him for perswading him to Dissolve that Parliament without any Cause and for setting forth in his Name a Declaration of such pretended cause as every man almost sees through contrived only to cover those Reasons which they durst not Own But with what face can they object to the House of Commons their strange Illegal Votes declaring divers Eminent Persons to be Enemies to the King and Kingdom when at the same time they arrogate to themselves an unheard of Authority to Arraign one of the three Estates in the face of the World for usurping power over the Laws Imprisoning their fellow Subjects Arbitrarily exposing the Kingdom to the greatest dangers and endeavoring to deprive the King of all possibility of supporting the Government and all this without any order or process of Law without hearing of their defence and as much without any reason as Precedent We have had Ministers heretofore so bold yet ever with ill success as to accuse a pretended Factious party in the House but never did any go so high as openly to Represent the whole H. of Commons as a Faction much less to cause them to be denounced in all the Churches of the Kingdom that so the People might look upon it as a kind of Excommunication But if they erred in the things they judged rightly in the choice of the Persons who were to publish it Blind Obedience was requisite where such unjustifiable things were imposed and that could be no where so entire as amongst those Clergy men whose preferment depended upon it Therefore it was ordered that this Declaration should be read by them being pretty well assured that they would not unwillingly read in the Desk a Paper so suitable to the Doctrin w ch some of them had often declared in the Pulpit It did not become them to enquire whether they had sufficient Authority for what they did since the Printer called it the Ks. Declaration whether they might not one day be call'd to account for publishing it nor once to ask if what His Majesty
because many Acts of the like nature have passed heretofore upon less necessary occasions The preservation of every Government depends upon an exact adherence unto its Principles the essential principle of the English Monarchy being that well proportioned distribution of Powers whereby the Law doth at once provide for the greatness of the King and the safety of the People the Government can subsist no longer than whilst the Monarch enjoying the Power which the Law doth give him is enabled to perform the part it allows unto him and the People are duly protected in their Rights and Liberties For this reason our Ancestors have been always more careful to preserve the Government inviolable than to favour any Personal pretences and have therein conformed themselves to the practice of all other Nations whose examples deserve to be followed Nay we know of none so slavishly addicted unto any Person or Family as for any reason whatsoever to admit of a Prince who openly professed a Religion contrary to that which was established amongst them It were easie to alledge multitude of examples of those who have rejected Princes for reasons of far less weight then difference in Religion as Robert of Normandy Charles of Lorrain Alphonso a dâ—sheradado of Spain but those of a latter date against whom there was no other exception than for their Religion suiteth better with our occasion Among whom it is needless to name Henry of Bourbon who though accomplished in all the vertues required in a Prince was by the general Assembly of the Estate at Blois declared uncapable of succession to the Crown of France for being a Protestant And notwithstanding his valour industry reputation and power increased by gaining four great Battails yet he could never be admited King till he had renounced the Religion that was his obstacle And Sigismund Son of John of Sweden King of that Country by Inheritance and of Poland by Election was deprived of his Hereditary Crown and his Children disinherited only for being a Papist acting conformably to the Principles of that Religion though in all other respect he deserved to be a King and was most acceptable unto the Nation But if ever this Maxim deserved to be considered surely it was in the case of the Duke of York The violence of his natural temper is sufficiently known His vehemence in exalting the Prerogative in his Brothers time beyond its due bounds and the principles of his Religion which carry him to all imaginable excesses of cruelty have convinced all mankind that he must be excluded or the Name of King being left unto him the power put into the hands of another The Parliament therefore considering this and observing the precedents of former ages did wisely choose rather to exclude him than to leave him the Name and place the power in a Regent For they could not but look upon it as folly to expect that one of his temper bred up in such principles in politicks as made him in love with Arbitrary power and bigotted in that Religion which allewise propagates it self by Blood would patiently bear these shackles which would be very disgustful unto a Prince of the most meek disposition And would he not thereby have been provok't to the utmost fury and revenge against those who laid them upon him This would certainly have bread a contest and these limitations of power proposed to keep up the Government must unavoidably have destroyed it or the Nation which necessity would have forced into a War in its own natural defence must have perished either by it or with it The success of such controversies are in the hand of God but they are undertaken upon too unequal terms when the People by victory can gain no more than what without hazard may be done by Law and would be ruin'd if it should fall out otherwise The Duke with Papists might then make such a peace as the Romans are said to have made once in our desolated Countrey by the slaughter of all the inhabitants able to make War ubi solitudinem faciunt pacem appellant This is the happy state they present unto us who condemn the Parliament for bringing in a Bill of Exclusion This is the way to have such a peace as the Spaniards for the propagation of the Gospel made in the West-Indies at the instigation of the Jesuites who govern'd their Councels And seeing they have the Duke no less under their power and directions we may easily beleive they would put him upon the same methods But as it is not to be imagined that any Nation that hath vertue courage and strength equal unto the English will so tamely expect their ruine so the passing a Bill to exclude him may avoid but cannot as the Declaration phraseth it establish a War But if there must be a War let it be under the Authority of Law let it be against a banished excluded pretender There is no fear of the consequence of such a War No true Englishman can joyn with him or countenance his Usurpation after this Act and for his Popish and forreign adherents they will neither be more provok'd nor more powerful by the passing of it Nor will his Exclusion make it at all necessary to maintain a standing force for preserving the Government and the pâ—â—ce of the Kingdom The whole People will be an Army for that purpose and every Heart and Hand will be prepared to maintain that so necessary so much desired Law A Law for which three Parliaments have been so earnest with His Majesty not only in pursuance of their own judgments but by the direction of those that sent them It was the universal Opinion of the Papists that Mary Queen of Scots was excluded only by an Act of Parliament and yet we see Queen Elizabeth Reigned Gloriously and Peaceably forty years without any standing force But our Ministers do but dissemble with us when they pretend to be so much afraid of a standing Army We know how eagerly they have desired and how often they attempted to establish one We have seen two Armies raised with no other design as has been since undenyably proved and one of those they were so loath to part with that more than one Act of Parliament was necessary to get it disbanded And since that they have increased the Guards to such a degree that they are become a formidable standing force A thing so odious to a free People that the raising of one single Regiment in Spain within these six years under colour of being a guard for the Kings Person so inflamed the Nation that a Rebellion had ensued if they had not been disbanded speedily The Nobility and Gentry of that Kingdom looking upon themselves as their Kings natural Guard scorned that so honorable a Name should be given to Mercenaries But as His Majesty was perswaded to resolve against the expedient proposed to secure our peace by excluding the Duke so it is evident that nothing was intended by those
Statutes use the Word but even King James in his first Speech unto the Parliament acknowledgeth hmself to be the Servant of the Commonwealth and King Charles the I. both before and in the time of the War never expresseth himself otherwise To be fond therefore of such Commonwealth Principles becomes every Englishman and the whole Kingdom did hope and were afterwards glad to find they had sent such men to Parliament But if the Declaration would intimate that there had been any design of setting up a Democratical Government in opposit on to our legal Monarchy it is a calumny just of a peice with the other things which the penners of this Declaration have vented in order to the laying upon others the blame of a design to overthrow the Government which only belongs unto themselves It is strange how this Word should so change its signification with us in the space of twenty years All Monarchies in the World that are not purely Barbarous and Tyrannical have ever been called Commonwealths Rome it self altered not that name when it fell under the Sword of the Caesars The proudest and cruellest of Emperor disdained it not And in our days it doth not only belong to Venice Genoua Switzerland and the Vnited Provinces of the Netherlands but to Germany Spain France Sweden Poland and all the Kingdoms of Europe May it not therefore be apprehended that our present Ministers who have so much decryed this Word so well known to our Laws so often used by our best Writers and by all our Kings untill this day are Enemies to the thing And that they who make it a brand of Infamy to be of Commonwealth Principles â—hat is devoted to the good of the People do intend no other than the hurt and mischief of that People Can they in plainer terms declare their fondness of their beloved Arbitrary Power and their design to set it up by subverting our Ancient Legal Monarchy instituted for the benefit of the Commonwealth than by thus casting reproach upon those who endeavour to uphold it Let the Nation then to whom the Appeal is made judge who are the men that endeavour to Poison the People and who they are who are guilty of designing innovations Bracton tells us that potestas Regis is potestas Legis It is from the Law that he hath his Power it is by the Law that he is King and for the good of the people by whose consent it is made The Liberty and welfare of a great Nation was of too much importance to be suffered to depend upon the will of one Man The best and wisest might be transported by an excess of Power trusted with them and the experience of all times showeth that Princes as men are subject to Errors and might be misled Therefore as far as mans Wit could foresee our Constitution hath provided by Annual Parliaments 36. Edw. 3. cap. 10. that the Common-wealth might receive no hurt and it is the Parliament that must from time to time correct the mischiefs which dayly creep in upon us Let us then no longer wonder when we see such frequent Prorogations and Dissolutions of Parliaments nor stand amazed at this last unparalell'd effort of the Ministers by this Declaration to render two Parliaments odious unto the People They well know that Parliaments were ordain'd to prevent such mischiefs as they design'd and if they were suffered to pursue the ends of their institution would endeavor to preserve all things in their due order To unite the King unto his People and the Hearts of the People unto the King To keep the Regal Authority within the bounds of Law and perswade His Majesty to direct it to the publick good which the Law intends But as this is repugnant to the introduction of Arbitrary Power and Popery they who delight in both cannot but hate it and chuse rather to bring matters into such a state as may suit with their private interests than suffer it to continue in its right Channel They love to fish in troubled Waters and they find all disorders profitable unto themselves They can flatter the humor of a misguided Prince and encrease their Fortunes by the excesses of a wastful Prodigal The phrensie of an Imperious Woman is easily rendred propitious unto them and they can turn the zeal of a violent bigot to their advantage The Treacheries of false Allies agree with their own corruptions and as they fear nothing so much as that the King should return unto his People and keep all things quiet they almost ever render themselves subservient to such as would disturb them And if these two last Parliaments according to their duty and the trust reposed in them have more steddily than any other before them persisted in the Pious and Just endeavors of easing the Nation of any of its Grievances the Authors of the Declaration found it was their best course by false colors put upon things subtile misrepresentations of their actings to delude the People into an abhorrence of their own Representatives but with what candor and ingenuity they have attempted it is already sufficiently made known And if we look about us we shall find those who design a change on either hand fomenting a misunderstanding between the King His Parliament and People whilst persons who love the legal Monarchy both out of Choice and Conscience are they who desire the frequent and successful meetings of the great Council of the Nation As for the other sort of peevish men of whom the Declaration gives us warning who are angry at the disappointment of their Ambitious designs if these words are intended to reflect on those men of Honor and Conscience who being qualified for the highest employments of State have either left or refused or been removed from them because they would not accept or retain them at the price of selling their Country and Enslaving posterity And who are content to Sacrifice their safety as well as their interest for the publick and expose themselves to the malice of the men in power and to the dayly Plots Perjuries and Subornations of the Papists I say if these be the ambâ—tious men spoken off the people will have consideration for what they say and therefore it will be wisdom to give such men as these no occasion to say that they intend to lay aside the use of Parliaments In good earnest the behavior of the Ministers of late gives but too just occasion to say that the use of Parliaments is already laid aside For tho His Majesty has owned in so many of His Speeches and Declarations the great danger of the Kingdom and the necessity of the Aid and Counsel of Parliaments he hath nevertheless been prevailed upon to Dissolve four in the space of 26 Months without making provision by their advice suitable to our dangers or wants Nor can we hope the the Court will ever love any Parliament better than the first of those four wherein they had so dearly purchased such
a number of fast Friends Men who having first sold themselves would not stick to sell any thing after And we may well suspect they mean very ill at Court when their designs shock't such a Parliament For that very Favourite Parliament no sooner began in good earnest to examin what had been done and what was doing but they were sent away in hast and in a fright though the Ministers know they lost thereby a constant Revenue of extraordinary Supplies And are the Ministers at present more innocent than at that time The same interest hath the ascendant at Court still and they have heightned the Resentments of the Nation by repeated affronts and can we beleive them that they dare suffer a Parliament now to Sit. But we have gain'd at least this one Point by the Declaration that it is own'd to us that Parliaments are the best Method for healing the distempers of the Kingdem and the only means to preserve the Monarchy in credit both at home and abroad Own'd by these very men who have so maliciously rendred many former Parliaments ineffectual and by this Declaration have done their utmost to make those which are to come as fruitless and thereby have confessed that they have no concern for healing the distempers of the Kingdom and preserving the credit of the Monarchy which is in effect to acknowledge themselves to be what the Commons called them Enemies to the King and Kingdom Nothing can be more true then that the Kingdom can never recover it's strength and reputation abroad or its ancient Peace and Settlement at home His Majesty can never be releived from his fears and his domestick wants nor secure from the Affronts which he dayly suffers from abroad till he resolves not only to call Parliaments but to Hearken to them when they are called For without that it is not a Declaration it is not repeated promises nay it is not the frequent calling of Parliaments which will convince the world that the use of them is not intended to be laid aside However we rejoyce that His Majesty seems resolved to have frequent Parliaments and hope he will be just to Himself and us by continuing constant to this Resolution Yet we cannot but doubt in some degree when we remember the Speech made 26 Jan. 1679. to both Houses wherein he told them that he was Vnalterably of an Opinion that long intervals of Parliaments were absolutely necessary for composing quieting the minds of the People Therefore which we ought rather to beleive the Speech or the Declaration or which is likely to last longest a Resolution or an unalterable opinion is a matter too Nice for any but Court Criticks to Decide The effectual performance of the last part of the promise will give us assurance of the first When we see the real fruits of these utmost endeavours to extirpate Popery out of Parliament when we see the D. of York no longer first Minister or rather Protector of these Kingdoms and his Creature 's no longer to have the whole direction of Affairs when we see that Love to our Religion and Laws is no longer a crime at Court no longer a certain forerunner of being Disgrâ—c'd and Remov'd from all Offices and Employments in their Power whâ—n the word Loyal which is faithful to the Law shall be restored to its old meaning no longer signifie one who is for subverting the Laws when we see the Commissions fill'd with hearty Protestants the Laws executed in good earnest against the Papists the Discoverers of the Plot countenanc'd or at least heard and suffered to give their Evidence the Courts of Justice steady and not Avowing a Jurisdiction one day which they Disown the next no more Grand Juries discharg'd least they should hear Witnesses nor Witnesses hurried away least they should inform Grand Juries when we see no more Instruments from Court labouring to raise Jealousies of Protestants at home and some regard had to Protestants abroad when we observe somewhat else to be meant by Governing according to Law then barely to put in Execution against Dissenters the Laws made against Papists then we shall promise our selves not only frequent Parliaments but all the blessed effects of pursuing Parliamentary Counsels the Extirpation of Popery the Redress of Greivances the flourishing of Laws and the perfect Restoring the Monarchy to the Credit which is ought to have but which the Authors of the Declaration confess it wants both at Home and Abroad There needs no time to open the Eyes of His Majesties good Subjects and their Hearts are ready prepared to meet him in Parliaments in order to Perfect all the good Settlement and Peace wanting in Church and State But whilst there are so many little Emissaries imployed to sow and encrease Divisions in the Nation as if the Ministers had a mind to make His Majesty the Head of a Faction and joyn himself to one Party in the Kingdom who has a just right of Governing all which Thuanm lib. 28. says was the notorious folly and occasioned the Destruction of his great Grand Mother Mary Queen of Scots whilst we see the same Dâ—fferences promoted iudustriously by the Court which gave the rise and progress to the late troubles and which were once thought fit to be buried in an Act of Oblivion VVhilst we see the Popish interest so plainly Countenanced which was then done with Caution when every pretence of Pretogative is strained to the utmost Height when Parlaiments are used with contempt and indignity and their judicature all their Highest Priviledges brought in Question in inferior Courts we have buâ— too good cause to believe that though every Loyal and Good man does yet the Ministers and Favourites do but little consider the Rise and Progress of the late Troubles and have little desire or care to preserve their Country from a Relapse And who as they never yet shewed regard to Religion Liberty or Property so they would be little concern'd to see the Monarchy shaken off if they might escape the vengeance of Publick Justice due to them for so long a Course of pernicious Counsels and for Crowning all the rest of their faults by thus Reflecting upon that High Court before which we do not doubt but we shall see them one Day brought to Judgment Thus have we with an English plainness expressed our thoughts of the late Parliaments and their Proceedings as well as of the Court in Relation to them and hope this Freedom will offend no man The Ministers who may be concern'd through their appealing unto the People cannot in Justice deny unto any one of them the Liberty of weighing the reasons which they have thought fit to publish in vindication of their actions But if it should prove otherwise and these few sheets be thought as weak and full of errors as those we endevour to confute or be held injurious unto them we desire only to know in what we transgress and that the Press may be open for our justification Let the People to whom the Appeal is made judge then between them and us and let Reason and the Law be the Rules according unto which the Controversie may be decided But if by denying this they shall like Beasts recurr to force they will thereby acknowledge that they want the Arms which belong to rational Creatures VVhereas if the Liberty of Answering be left us we will give up the Cause and confess that both Reason and Law are wanting unto us if we do not in our Reply satisfie all reasonable and impartial men that nothing is said by us but what is just and necessary to preserve the interests of the King and his People Nor can there be any thing more to the Honour of His Majesty than to give the Nations round about us to understand that the King of England doth neither Reign over a Base servile People who hearing themselves Arraign'd and Condemned dare not speak in their own Defence and Vindication nor over so silly foolish and weak a People as that ill designed and worse supported Paper might occasion the VVorld to think but that there are some Persons in his Dominions not only of true English Courage but of greater intellectuals as well as better Morals than the Advisers unto and Penners of the Declaration have manifested themselves to be FINIS 4 Edw. 3 c. 14. 36 Ed. 3. c. 10. 2 R. 2. Nu. 28. Speech 21 Oct 1680 Speech 30 Apr. 1679 Speech 26 Oct. 1662 Speech 26 Dec. 1662 Speech 6 March 1679 Lord Chancellors Speech 23. May 1678. Address presented 21 Dec. 1680. Address presented 29 Nov. 1680. Rot Part 5. H. 4 Nu. 16. Traitte des droits de la Reine On t cette bien heureuse impuissance de ne pouvoir rien faire contre les Loys de leur Pali Postâ—â—lâ—â— de Rebâ— Turcicis 1. R 3. cap. 2. 12 Car. 2. c4 4. confirm'd 13. Car. 6 7. 12 Car. 2. c. 23. an 33 14 Car. c. 10. Tacit. Cap. 1. Sect. 2. pag. 9. 36 Ed. 3. 10. Rot. Parl. 4 Ed. 3. Nu. 6. Rot. Parl. â—â— Edw. 3. M. 18. Rot Parl. 26 Edw. 3. M. 25. Co. 2. Iust. 29.