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
inferiour Condition being but an Off-spring of this Root be interpreted or brought in Plea against this primary and radical Constitution without Guilt of the highest Treason and destructive Enmity to the Publick-weal and Polity because by the very Constitution of this Kingdom all Laws or interpretation of Laws tending to Confusion or Dissolution are ipso facto void In this case we may allude and say That the Covenant which was 400 Years before the Law an after-Act cannot disanul it Ob. It may be objected That this Discourse seems to make our Government to be founded in Equity not in Law or upon that common rule of Salus Populi which is alike common to all Nations as well as any And so what Difference Ans The Fundamental Laws of England are nothing but the Common Laws of Equity and Nature reduced into a particular way of Policy which Policy is the ground of our Title to them and interest in them For though it is true that Nature hath invested all Nations in an equal right to the Laws of Nature and Equity by a common Bounty without respect of Persons yet the several Models of external Government and Policy renders them more or less capable of this their common Right For though they have an equal Right in Nature to all the Laws of Nature and Equity yet having fundamentally subjected themselves by their Politick Constitutions unto a Regal Servitude by Barbarism or the like they have thereby much disabled and disvested themselves of that common Benefit But on the contrary where the outward Constitution or Polity of a Republick is purposely framed for the consirming and better conserving this common Right of Nature and Equity as in ours there is not only a common Right but also a particular and lawful Power joyned with this Right for its Maintenance and Supportation For whereas other People are without all supreme Power either of making Laws or raising Monies both these Bodies of Supremacy being in the arbitrary hands only of the Sovereign Magistrate amongst many Nations these with us are in the hands of the supreme Government not Governour or Court of Judicature to wit the King and Parliament here the People like Free-men give Money to the King he doth not take it and offers Laws to be enacted doth not receive them so Now in such a constituted Kingdom where the very Constitution its self is the fundamental Law of its own Preservation as is this mixt Regiment of ours consisting of King and Parliament as Head and Body comprehending Monarchy Aristocracy and Democracy there the fundamental Laws are like fundamental Truths in these two Properties First they are comprehended in a very little room to wit Honour and Safety and Secondly they have their influence into all other inferiour Laws which are to be subjected to them and correspondent with them as lawful Children and natural Branches Ob. But in Process of time there are many written Laws which seem at least to contradict this fundamental Constitution and are not they binding notwithstanding it Ans The Constitution of this Kingdom which gave its being and which is the radical and fundamental Law thereof ought therefore to command in chief for that it never yields up its Authority to those inferiour Laws which have their being from it nor ought they which spring from it tend to the Destruction of it but on the contrary it is to derive its radical Virtue and Influence into all succeeding Laws and they like Branches are to make the root flourish from whence they spring with exhibiting the lively and fructifying Virtue thereof according to the Nature and Seasons of succeeding times things incident in after-ages not being able to be foreseen and particularly provided for at the beginning saving in the fundamental Law of Salus Populi politickly established nor can any Laws growing out of that root bear any other Fruit then such as the nature thereof dictates for for a particular branch to ruine the whole Foundation by a seeming sense contrary to it or differing from it is very absurd for then how can it be said Thou bearest not the root but the root thee Laws must always relish of and drink in the Constitution or Polity where they are made and therefore with us the Laws wherein the King is nominated and so seems to put an absolute Authority into his hands must never so be construed for that were with a breath to blow down all the Building at once but the King is there comprehended and meant under a two-sold Notion First as trusted being the Head with that Power the Law confer'd upon him for a Legal and not an Absolute Purpose tending to an honourable Preservation not an unnatural Dissolution Secondly as meaning him juridically not abstractly or personally for so only the Law takes notice of the King as a juridical Person for till the Legislative Power be absolutely in the King so that Laws come down from him to his People and go not up from them to him they must never be so interpreted for as they have a juridical being and beginning to wit in Parliament so must they have a suitable Execution and Administration to wit by the Courts and legal Ministers under the Kings Authority which according to the Constitution of this Kingdom he can no more suspend for the good of his People than the Courts can theirs or if he do to the publick hazard then have the Courts this Advantage that for publick Preservation they may and must provide upon that Principle The King can do no Wrong neither in witholding Justice nor Protection from his People So that then Salus Populi being so principally respected and provided for according to the nature of our Constitution and Polity and so being Lex legum or the Rule of all Laws branching thence then if any Law do by Variation of Times Violence of Tyranny or Misprision of Interpreters vary there-from it is a Bastard and not a Son and is by the lawful Parents either to be reduced or cast out as gendring unto Bondage and ruine of the Inheritance by attempting to erect an absolute and arbitrary Government Nor can this equitable Exposition of particular Statutes taken from the Scope of the politick Constitution be denyed without overthrow of just and legal Monarchy which ever tends to publick Good and Preservation and the setting up of an unjust and illegal Tyranny ruling if not without Law yet by abused Laws turning them as conquered Ordnance upon the People The very Scripture it self must borrow from its Scope and Principles for Explanation of particular Places else it will be abused and as it is through that Default unto Heresies See we not how falsly Satan quoted true Scripture to Christ when he tempted him only by urging the Letter without the Equity or true Intention and Meaning We are to know and do things Verum vere justum juste else we neither judge with righteous Judgment nor obey with just Obedience Ob. But is not the
Parliament guilty of exercising an arbitrary Power if their Proceedings be not regulated by written Laws but by Salus Populi Ans For the Parliament to be bound up by written Laws is both destructive and absurd First it is destructive it being the Fundamental Court and Law or the very Salus Populi of England and ordained as to make Laws and see them executed so to supply their Deficiency according to the present Exigency of things for publick Preservation by the Prerogative of Salus Populi which is universally in them and but particularly in particular Laws and Statutes which cannot provide against all future Exigents which the Law of Parliaments doth and therefore are not they to be limits to this And it would yet be further destructive by cutting the Parliament short of half its Power at once for it being a Court both of Law and Equity as appears by the Power of making Laws which is nothing but Equity reduced by common Consent into Polity when ever it is circumscribed by written Laws which only is the Property of inferiour Courts it ceaseth to be supreme and divests it self of that inherent and uncircumscribed Power which Salus Populi comprehends Secondly as it is destructive so also it is absurd for the Legislative Power which gives Laws is not to receive Laws saving from the nature and end of its own Constitution which as they give it a being so they endow it with Laws of Preservation both of it self and the whole which it represents I would not herein be mis-understood as if the Parliament when as it only doth the Office of inferiour Courts judging between Party and Party were not limitted by written Laws there I grant it is because therein it only deals between meum and tuum which particular written Laws can and ought to determine so that its superlative and uncircumscribed Power I intend only as relating to the Universe and the Affairs thereof wherein it is to walk by its fundamental Principles not by particular Precepts or Statutes which are made by the Parliament between King and People not between People and Parliament they are ordained to be Rules of Government to the King agreeing with the Liberty and Property of the People and Rules of Obedience to the People without detainment of their Freedom by the Exercise of an illegal usurped and unconsented Power whereunto Kings especially in hereditary Monarchies are very prone which cannot be suspected by a Parliament which is representatively the Publick intrusted for it and which is like to partake and share with the Publick being but so many private Men put into Authority pro tempore by common Consent for common Good Nor is the Parliament hereby guilty of an arbitrary Government or is it destructive to the Petition of Right when as in providing for Publick-weal it observes not the letter of the Law First because as aforesaid that Law was not made between Parliament and People but by the People in Parliament between the King and them as appears by the whole tenour of it both in the complaining and praying parts which wholly relate to the King Secondly because of the common Consent that in the representative Body the Parliament is given thereunto wherein England in her Polity imitates Nature in her Instincts who is wont to violate particular Principles for publick Preservation as when light things descend and heavy ascend to prevent a Vacuum And Thirdly because of the equitable Power which is inherent in a Parliament and for publick Good is to be acted above and against any particular Statute or all of them And Fourthly because the end of making that Law to wit the publick Preservation is fulfilled in the breaking of it which is lawful in a Parliament that is chosen by the whole for the whole and are themselves also of the Body though not in a King for therein the Law saith Better a mischief than an inconvenience But it may be objected Though it be not arbitrary for the Parliament to go against written Law yet is it not so when they go against the Kings Consent which the Law even the fundamental Law supposeth in Parliamentary Proceedings This hath been answered That the King is juridically and according to the intention of the Law in his Courts so that what the Parliament consults for the publick Good That by Oath and the Duty of his Office and Nature of this Polity he is to consent unto and in case he do deny it yet in the Construction of the fundamental Law and Constitutions of this Kingdom he is conceived to grant it supposing the Head not be so unnatural to the Body that hath chosen it for good and not for evil But it will be answered Where is the Kings Negative Voice if the Parliament may proceed without his Consent I answer That there is no known nor written Law that gives him any and things of that nature are willingly believed till they be abused or with too much Violence claimed That his Majesty hath fundamentally a Right of Consent to the Enacting of Laws is true which as aforesaid is part of that honourable Trust constituted in him And that this Royal Assent is an Act of Honour and not of Absolute and Negative Power or Prerogative appears by these following Reasons First by his Oath at the Coronation mentioned in one of the Parliaments Declarations where he doth or should swear to confirm and grant all such good Laws as his People shall choose to be observed not hath chosen for First The word concedis in that Oath were then unnecessary the Laws formerly Enacted being already granted by foregoing Kings and so they need no more Concession or Confirmation else we must run upon this Shelf that all our Laws die with the old King and receive their being anew by the new Kings Consent Secondly hereby the first and second Clause in that Interrogatory viz. Concedis justas leges permittas protegendas are confounded and do but idem repetere Thirdly Quas Vulgus elegerit implies only the Act of the People in a disjunctive sense from the Act or Consent of the King but Laws already made have more than Quas Vulgus elegerit they have also the Royal Consent too so that that Phrase cannot mean them wherein the Act or Consent of the King is already involved Secondly by the Practise of requiring the Royal Assent even unto those very Acts of Subsidies which are granted to himself and for his own use which it is supposed he will accept of and yet Honoris gratia is his Royal Assent craved and contributed thereunto Thirdly by the Kings not sitting in Parliament to debate and consult Laws noâ— are they at all offered him by the Parliament to consider of but to consent to which yet are transmitted from one House to another as well to consult as consent to shewing thereby he hath no part in the consultory part of them for that it belongs only to the People in Parliament to discern and
and future Times To which I could not but Reply That I begged their Pardon if I differed from them in Opinion and did believe that how honestly soever the House of Commons might intend in that matter yet that the point of Succession was so Sacred a thing and of so high a Nature that it was not subjected to their Cognizance That Monarchy was of Divine Right That Princes succeeded by Nature and Generation only and not by Authority Admission or Approbation of the People and consequently that neither the Merit or Demerit of their Persons nor the different influences from thence upon the People were to be respected or had in consideration but the Common-wealth ought to obey and Submit to the next Heir without any further Inquisition and if he proved a Worthy Vertuous and Just Prince it was a great Happiness if Unjust Barbarous and Tyrannical there was no other Remedy but Prayer Patience and an intire Submission to so difficult a Dispensation of Gods Providence I had no sooner ended my Discourse but one of the Gentlemen that was the most serious in the Company seeing me a Young Man gravely Replied That he could not but be extreamly concerned to hear that such pernicious Notions against all lawful Government had been taught in the World That he believed they were in me purely the Effects of an University-Education and that it had been my Misfortune to have had a very high Church-man for my Tutor who had endeavoured as it was their constant Practice to all Young Gentlemen under their Care to debauch me with such Principles as would enslave my mind to their Hierarchy and the Monarchical part of the Government without any Regard at all to the Aristocratical and Popular and that fat Parsonages Prebendships Deanaries and Episcopal Sees were the certain and constant Rewards of such Services That the Place we were in was a little too Publick for Discourses of this Nature but if I would accept of a Bottle of Wine at the next Tavern he would undertake to give me juster measures adding it was pity so hopeful a Gentleman should be tainted with bad Principles My Friend coming in at the same Time proved to be one of their particular Acquaintance and both he and I readily complied with so generous a motion We had no sooner drank a Glass round but the Old Gentleman was pleased to renew his Discourse and said it was undoubtedly true that the inclination of Mankind to live in Company from whence come Towns Cities and Common-wealths did proceed of Nature and consequently of God the Author of Nature So likewise Government and the Jurisdiction of Magistrates in general which does necessarily flow from the living together in Society is also of Nature and ordained by God for the common Good of Mankind but that the particular Species and Forms of this or that Government in this or that manner To have many few or one Governour or that they should have this or that Authority more or less for a longer or a shorter time or whether ordinarily by Succession or by Election All these things he said are Ordained and Diversified by the particular positive Laws of every Country and are not Establish'd either by Law Natural or Divine but left by God unto every Nation and Country to pitch upon what Form of Government they shall think most proper to promote the common good of the whole and best adapted to the Natures Constitutions and other Circumstances of the People which accordingly for the same Reasons may be altered or amended in any of its parts by the mutual Consent of the Governours and Governed whenever they shall see reasonable cause so to do all which appears plainly both from the diversity of Governments extant in the World and by the same Nations living sometimes under one sort of Government and sometimes under another So we see God himself permitted his peculiar People the Jews to live under divers Forms of Government as First under Patriarchs then under Captains then under Judges then under High-Priests next under Kings and then under Captains and High-Priests again until they were conquered by the Romans who themselves also first lived under Kings and then Consuls whose Authority they afterwards limitted by a Senate by adding Tribunes of the People and in extraordinary Emergencies of the Commonwealth they were governed by Dictators and last of all by Emperors So that it 's plain no Magistrate has his particular Government or an Interest of Succession in it by any Institution of Nature but only by the particular Constitution of the Commonwealth within it self And as the kinds of Government are different so also are the measures of Power and Authority in the same kind in different Countries I shall begin said he with that of the Roman Empire which though it be the first in Dignity among Christian Princes yet it is so restrained and limited by the particular Laws of the Empire that he can do much less in his State than other Kings in theirs He can neither make War nor exact any Contribution of Men or Money but by the Consent of all the States of the German Diet And as for his Children and Relations they have no Interest or Pretence to succeed but only by Election if they shall be thought worthy Nay the chiefest Article the Emperour swears to keep at his Admission to that Honour is That he shall never endeavour to make the Dignity of the Empire Hereditary to his Family In Spain and in France the Priviledges of Kings are much more eminent both in Power and Succession their Authority is more absolute every Order of theirs having the Validity of a Law and their next of Bloud does ordinarily inherit though in a different manner In Spain the next Heir cannot succeed but by the Approbation of the Nobility Bishops and States of the Realm In France the Women are not admitted to succeed let them be never so lineally descended In England our Kings are much more limited and confined in their Power than either of the two former for here no Law can be made but by Consent and Authority of Parliament and as to the Point of Succession the next of kin is admitted unless in extraordinary Cases and when important Reason of State require an Alteration And then the Parliaments of England according to the ancient Laws and Statutes of the Realm have frequently directed and appointed the Succession of the Crown in other manner than in course it would have gone of which I shall give you some Examples in Order But first let us look abroad and see how things have been carried as to this Point in other Countries Amongst the Jews the Law of Succession did ordinarily hold and accordingly Rehoboam the Lawful Son and Heir of Solomon after his Fathers Decease went to Sichem to be crowned and admitted by the People and the whole Body of the People of Israel being there gathered together did before they would admit him their lawful
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
Is he a wise man who if his house be falling by reason of too much weight upon the roof will lay more upon it rather than propt it up and take off some of the weight So they who take the Church to consist of Ceremonies must pardon me that I am not of their opinion since the word of God warrants no such thing and my reason tells me that they are too much interested in the cause to be fit judges for with them he is accounted a good Son of the Church who keeps a great stir about Ceremonies though he live never so ill a life and perhaps is drunk when he performs his Devotion but if a man seem to be indifferent as to Ceremonies and make them no more than indeed they be yet in Practice Conforms more than he that makes a great noise about them though he live never so godly a life and as near as he can to the rule of God's word yet he is a Fanatick and an enemy to the Church but God Almighty tells us he will have mercy and not Sacrifice Gentlemen They who accuse me for an enemy to the King and Church have left you out of the story but I hope I shall not forget you but remember on whose errand I am sent and as I have hitherto stuck to your interest I hope nothing will draw me aside from it and if I know my own heart I am perswaded that neither rewards threats hopes nor fears will prevail upon me I desire nothing but to promote God's glory and the interest of the King and people and if it shall please God to let me see the Protestant Religion and Government established I shall think I have lived long enough and I shall be willing at that instant to resign my breath Gentlemen I thought good to say this to you and I thank you for your patience and hope I shall so behave my self in your Service that I shall make it appear I am sensible of the honour you have done me I humbly thank you all An Account of the Proceedings at the Sessions for the City of Westminster against Thomas Whitfield Scrivener John Smallbones Woodmonger and William Laud Painter for Tearing a Petition prepared to be presented to the King's Majesty for the Sitting of the Parliament With an Account of the said Petition presented on the 13th instant and His Majesty's Gracious Answer IT being the undoubted Right of the Subjects of England Vide the Resolutions of the Law Cook Jurisdict of Courts 79. Hobart 220. Vel. Magna Chart. Exl. Spencer 51. Vide the Proclamations of K. Charles I. and warranted by the Law of the Land and the general Practice of all former Times in an humble manner to apply themselves to His Majesty in the Absence of Parliaments by Petition for the Redress of their Grievances and for the obtaining such things as they apprehend necessary or beneficial to the safety and well being of the Nation And it being their Duty to which they are bound by the expres words of the Oath of Allegiance * I do Swear from my Heart That I will hear Faith and true Allegiance to His Majesty His Heirs and Successors and Him and Them will Defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against His or Their Persons Their Crown and Dignity And will do my best endeavour to disclose and make known unto His Majesty His Heirs and Successors all Treasons and Trayterous Conspiracies which I shall know or hear of to be against him or any of them to represent to Him any danger which they apprehend Threatning His Royal Person or His Government divers Persons in and about the City of Westminster considering the too apparent and unspeakable Danger His Majesty and His Kingdoms are in from the Hellish Plots and Villainous Conspiracies of the Bloody Papists and their Adherents and conceiving no sufficient or at least so fit Remedy could be provided against it but by the Parliament by whom alone several Persons accused of these accursed Designs can be brought to Tryal did prepare and sign a Petition humbly representing to His Majesty the imminent danger His Royal Person the Protestant Religion and the Government of this Nation were in from that most damnable and hellish Popish Plot branched forth into several the most Horrid Villainies For which several of the principal Conspirators stand impeached by Parliament and thereby humbly praying that the Parliament might Sit upon the 26th of January to try the Offenders and to Redress the important Crievances no otherways to be redressed of which Thomas Whitfield John Smallbenes and William Laud Inhabitants in Westminster taking notice upon the 20th day of December last they sent to Mr. William Horsley who had signed and promoted the Petition and in whose custody it was to bring or send it to them for that they desired to sign it And thereupon Mr. Horsley attended them and producing the Petition in which many Persons had joyned he delivered it at their request to be by them read and signed but Mr. Whitfield immediately tore it in pieces and threw it towards the Fire and Smallbones catching it up said That he would not take 10 s. for the Names and then they declared that they sent for it for that very purpose and owned themselves all concerned in the design Upon Mr. Horsley's complaint hereof to a Justice of the Peace a Warrant was granted against them and they being taken thereupon after examination of the matter were bound to appear and answer it at the next quarter Sessions of the Peace for the City of Westminster and upon Friday the 9th of January instant the Sessions being holden and there being present several Justices of the Peace that are eminent Lawyers the matter was brought before them and the Grand Jury Indicted the said Whitfield Smallbones and Laud as followeth viz. The City Borough and Town of Westminster in the County of Middlesex THe Jurors for our Soveraign Lord the King upon their Oath do present that whereas the Subjects and Liege People of the Kings and Queens of this Realm of England by the Laws and Customs of the Realm have used and been accustomed to represent their Publick Grievances by Petition or by any other submissive way And that the 20th day of December in the one and Thirtieth Year of the Reign of our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. at the Parish of St. Martin's in the Fields within the Liberty of the Dean and Chapter of the Collegiate Church of St. Peter of the City Borough and Town of Westminster in the County of Middlesex a Petition written in paper was prepared and Subscribed with the hands of divers the said King's Subjects and Liege People to the Jury unknown and to our said Soveraign Lord King Charles the Second Directed and to our said Soveraign Lord
the People 2. There is a mutual compact tacit or express between a Prince and his Subjects and that if he perform not his duty they are discharg'd from theirs 3. That if lawful Governors become Tyrants or govern otherwise than by the Laws of God and Man they ought to do they forfeit the Right they had unto their Government Lex Rex Buchanan de Jure Regni Vindiciae contra tyrannos Bellarmine de Conciliis de Pontifice Milton Goodwin Baxter H. C. 4. The Sovereignty of England is in the three Estates viz. King Lords and Commons The King has but a co-ordinate Power and may be over-ruled by the other two Lex Rex Hunton of a limited and mix'd Monarchy Baxter H. C. Polit. Catech. 5. Birthright and proximity of Blood give no title to Rule or Government and it is Lawful to preclude the next Heir from his Right of Succession to the Crown Lex Rex Hunt's Postscript Doleman History of Succession Julian the Apostate Mene Tekel 6. It is Lawful for Subjects without the Consent and against the Command of the Supreme Magistrate to enter into Leagues Covenants and Associations for defence of themselves and their Religion Solemn League and Covenant Late Association 7. Self-preservation is the Fundamental Law of Nature and supersedes the Obligation of all others whenever they stand in competition with it Hobbs de Cive Leviathan 8. The Doctrine of the Gospel concerning patient suffering of Injuries is not inconsistent with violent resisting of the higher Powers in case of Persecution for Religion Lex Rex Julian Apostat Apolog. Relat. 9. There lies no Obligation upon Christians to Passive Obedience when the Prince Commands any thing against the Laws of our Country And the Primitive Christians chose rather to die than resist because Christianity was not yet settled by the Laws of the Empire Julian Apostate 10. Possession and strength give a right to Govern and Success in a Cause or Enterprize proclaims it to be Lawful and Just to pursue it is to comply with the Will of God because it is to follow the Conduct of his Providence Hobbs Owen's Sermon before the Regicides Jan. 31. 1648. Baxter Jenkin's Petition Octob. 1651. 11. In the state of Nature there is no difference between good and evil right and wrong the state of Nature is a state of War in which every Man hath a right to all things 12. The Foundation of Civil Authority is this natural right which is not given but left to the Supreme Magistrate upon Men's entring into Societies and not only a Foreign Invader but a Domestick Rebel puts himself again into a state of nature to be proceeded against not as a Subject but an Enemy And consequently acquires by his Rebellion the same right over the Life of his Prince as the Prince for the most heinous Crimes has over the Life of his own Subjects 13. Every Man after his entring into a Society retains a right of defending himself against Force and cannot transfer that right to the Common-wealth when he consents to that Union whereby a Common-wealth is made and in case a great many Men together have already resisted the Common-wealth for which every one of them expecteth Death they have liberty then to joyn together to assist and defend one another Their bearing of Arms subsequent to the first breach of their Duty though it be to maintain what they have done is no new unjust act and if it be only to defend their Persons is not unjust at all 14. An Oath superadds no obligation to pact and a pact obliges no further than it is credited And consequently if a Prince gives any Indication that he does not believe the Promises of Fealty and Allegiance made by any of his Subjects they are thereby freed from their subjection and notwithstanding their Pacts and Oaths may lawfully rebel against and destroy their Sovereign Hobbs de Cive Leviathan 15. If a People that by Oath and Duty are oblig'd to a Sovereign shall sinfully dispossess him and contrary to their Covenants chuse and covenant with another they may be obliged by their latter Covenant notwithstanding their former Baxter H. C. 16. All Oaths are unlawful and contrary to the Word of God Quakers 17. An Oath obliges not in the sense of the Imposer but the Takers Sheriffs Case 18. Dominion is founded in Grace 19. The Powers of this World are Usurpations upon the Prerogative of Jesus Christ and it is the Duty of God's People to destroy them in order to the setting Christ upon his Throne Fifth-Monarchy Men. 20. The Presbyterian Government is the Scepter of Christ's Kingdom to which Kings as well as others are bound to submit and the King's Supremacy in Ecclesiastical Affairs asserted by the Church of England is injurious to Christ the sole King and Head of his Church Altare Damascenum Apolog. relat Hist Indulgen Cartwright Travers 21. It is not lawful for Superiors to impose any thing in the Worship of God that is not antecedently necessary 22. The duty of not offending a weak Brother is inconsistent with all human Authority of making Laws concerning indifferent things Protestant Reconciler 23. Wicked Kings and Tyrants ought to be put to Death and if the Judges and inferior Magistrates will not do their office the Power of the Sword devolves to the People if the major part of the People refuse to exercise this Power then the Ministers may Excommunicate such a King after which it is lawful for any of the Subjects to kill him as the People did Athaliah and Jehu Jezabel Buchanan Knox. Goodman Gilby Jesuits 24. After the sealing of the Scripture-Canon the People of God in all ages are to expect new Revelations for a rule of their Actions * Quakers and other Enthusiasts and it is lawful for a private Man having an inward motion from God to kill a Tyrant †Goodman 25. The example of Phineas is to us instead of a Command for what God has commanded or approved in one Age must needs oblige in all Goodman Knox. Naphtali 26. King Charles the First was lawfully put to Death and his Murtherers were the blessed Instruments of God's Glory in their Generation Milton Goodwin Owen 27. King Charles the First made War upon his Parliament and in such a case the King may not only be resisted but he ceaseth to be King Baxter We decree judge and declare all and every of these Propositions to be False Seditious and Impious and most of them to be also Heretical and Blasphemous infamous to Christian Religion and destructive of all Government in Church and State We farther decree that the Books which contain the foresaid Propositions and impious Doctrines are fitted to deprave good Manners corrupt the Minds of unwary Men stir up Seditions and Tumults overthrow States and Kingdoms and lead to Rebellion murther of Princes and Atheism it self And therefore we interdict all Members of the University from the reading the said Books under the Penalties
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.
That Parliaments are part of the frame of the common-Common-Law which is laid in the Law and Light of Nature right Reason and Scripture 2. That according to this Moral Law of Equity and Righteousness Parliaments ought frequently to meet for the common peace safety and benefit of the People and support of the Government 3. That Parliaments have been all along esteemed an essential part of the Government as being the most ancient honourable and Sovereign Court in the Nation who are frequently and perpetually to sit for the making and abolishing Laws Redressing of Grievances and see to the due administration of Justice 4. That as to the place of Meeting it was to be at London the Capital City the Eye and Heart of the Nation as being not only the Regal Seat but the principal place of Judicature and residence of the chief Officers and Courts of Justice where also the Records are kept as well as the principal place of Commerce and Concourse in the Nation and to which the People may have the best recourse and where they may find the best accommodation 5. The Antiquity of Parliaments in this Nation which have been so ancient that no Record can give any account of their Beginning my Lord Coke thus tracing them from the Britains through the Saxons Danes and Normans to our days So that not to suffer Parliaments to sit to answer the great ends for which they were Instituted is expresly contrary to the Common Law and so consequently of the Law of God as well as the Law of Nature and thereby Violence is offered to the Government it self and Infringement of the Peoples fundamental Rights and Liberties Secondly What we find hereof in the Statute-Law The Statute Laws are Acts of Parliament which are or ought to be only Declaratory of the Common Law which as you have heard is founded upon right Reason and Scripture for we are told that if any thing is Enacted contrary thereto it is void and null As Coke Inst l. 2. c 29. f. 15. Finch p. 3. 28 H. 8. c. 27. Doct. and Stud. The first of these Statures which require the frequent Meeting and Sitting of Parliaments agreeable to the Common Law we find to be in the time of Ed. 3. viz. 4 Ed. 3. ch 14. In these words ' Item It is accorded that a Pariament shall be holden every year once or more often if need be The next is in the 36 of the same K. Ed. 3. c. 10. viz. Item For the maintenance of the said Articles and Statutes and Redressing of divers Mischiefs and Grievances which dayly happen a Parliament shall be holden every year as at another time was ordained by a Statute viz. the aforementioned in his 4th year And agreeable hereto are those Statutes upon the Rolls viz. 5 Ed. 2. 1 R. 2. No. 95. By which Statutes it appeareth That Parliaments ought annually to meet to support the Government and to redress the Grievances which may happen in the Interval of Parliaments That being the great End proposed in their said Meetings Now for Parliaments to meet Annually and not suffered to sit to Answer the Ends but to be Prorogued or Dissolved before they have finished their Work would be nothing but a deluding the Law and a striking at the foundation of the Government it self and rendering Parliaments altogether useless for it would be all one to have No Parliaments at all as to have them turn'd off by the Prince before they have done that that they were called and intrusted to do For by the same Rule whereby they may be so turn'd off one Session they may be three Sessions and so to threescore to the breaking of the Government and introducing Arbitrary Power To prevent such intollerable Mischiefs and Inconveniencies are such good Laws as these made in this King's time and which were so Sacredly observed in after times That it was a Custom especially in the Reigns of H. 4. H 5. H. 6. to have a Proclamation made in Westminster-Hall before the end of every Session * An honest and a necessary Proclamation to be made every Parliament That all those who had any matter to present to the Parliament should bring it in before such a day for otherwise the Parliament at that day should Determine Whereby it appears the People were not to be eluded nor disappointed by surprizing Prorogations and Dissolutions to frustrate and make void the great ends of Parliaments And to this purpose saith a late Learned Author That if there was no Statute or any thing upon record extant concerning the Parliaments sitting to redress grievances yet that I must believe that it is so by the fundamental Law of the Government which must be lame and imperfect without it For otherwise the Prince and his Ministers may do what they please and their Wills may be their Laws Therefore it is provided for in the very Essence and Constitution of the Government it self and this saith our Author we may call the Common-Law which is of as much value if not more than any Statute and of which all our good Acts of Parliament and Magna-Charta it self is but Delaratory so that though the King is intrusted with the formal part of summoning and pronouncing the Dissolution of Parliaments which is done by Writ yet the Laws which oblige him as well as us have determined how and when he shall do it which is enough to shew that the King's share in the Soveraignty that is in the Parliament is cut out to him by Law and not left at his disposal The next Statute we shall mention to inforce this fundamental Right and Privilege 25 Ed. 3. c. 23. Statute of Provisors is the 25th Ed. 3. ch 23. called the Statute of Provisors which was made to prevent and cut off the Incroachments of the Bishops of Rome whose Usurpations in disposing of Benefices occasioned intollerable Grievances wherein in the Preamble of the said Statute it is expressed as followeth Whereupon the Commons have prayed our said Soveraign Lord the King that sith the Right of the Crown of England and the Law of the said Realm is such that upon the Mischiefs and Damage which happeneth to his Realm be ought and is bounden of the accord of his said People in his Parliament thereof to make Remedy and Law in avoiding the Mischiefs and Damage which thereof cometh That it may please him thereupon to provide Remedy Our Soveraign Lord the King seeing the Mischiefs and Damage before-named and having regard to the said Statute made in the time of his said Grand-Father and to the Causes contained in the same which Statute holdeth always his force and was never defeated or annulled in any point and by so much is bound by his Oath to do the same to be kept as the Law of this Realm tho that by Sufferance and Negligence it hath since been attempted to the contrary And also having regard to the grievous Complainte made to him by his
People in divers Parliaments holden heretofore Willing to ordain Remedy for the great Damages and Mischiefs which have happened and dayly do happen by the said Cause c. By the assent of all the great Men and Commonalty of his said Realm hath Ordained and Established c. In which preamble of the Statute we may observe 1. The intollerable grievance and burden which was occasion'd by the illegal Incroachments of the See of Rome 2. The many Complaints the People had made who in those dark times under Popery were sensible of groaning under those Burdens 3. The Endeavours used in vain by former Parliaments to Redress the same and to bring their Laws in being to have their Force and Effect 4. The acknowledgment of the King and Parliament that the Obligation hereto was upon the King 1. From the Right of the Crown which obliged every King to pass good Laws 2. The Statute in force 3. The King's Oath to keep the Old and pass New Laws for his Peoples safeguard which they should tender to him 4. From the sence of the People expressed in their Complaints and 5. From the Mischief and Damage which would otherwise ensue And therefore by the desire and accord of his People He passes this famous Law The Preamble whereof is here recited Another Statute to the same purpose you find 2 R. 2. No. 28. Also the Commons in Parliament pray That forasmuch as Petitions and Bills presented in Parliament by divers of the Commons could not heretofore have their Respective Answers That therefore both their Petitions and Bills in this present Parliament as also others which shall be presented in any future Parliament may have a good and gracious Answer and Remedy ordained thereupon before the departing of every Parliament And that to this purpose a due Statute be ensealed or Enacted at this present Parliament to be and remain in Force for all times to come To which the King replied The King's Answer THE King is pleased that all such Petitions deliver'd in Parliament of things or matters which cannot otherwise be determined A Good and Reasonable Answer shall be made and given before the departure of Parliament In which excellent Law we may observe 1. A Complaint of former remisness their Bills having aforetime been pass'd by their Grievances Unredressed by unseasonably Dissolving of Parliaments before their Laws could pass 2. That a Law might pass in that very Parliament to rectifie that Abuse for the future And 3. That it should not pass for a temporary Law but for perpetuity being of such absolute Necessity that before the Parliaments be dismissed Bills of common Right might pass And the King agreed hereto Suitable hereto we have my Lord Chief Justice Coke that great Oracle of the Law in his Instit 4. B. p. 11. asserting Petitions being truly preferr'd though very many have been Answered by the Law and Custom of Parliament before the end of Parliament This appears saith he by the Ancient Treatise De Modo tenendi Parliamentum in these Words faithfully Translated The Parliament ought not to be ended while any Petition dependeth undiscussed or at the least to which a determinate Answer is not made Rot. Par. 17. E. 3. No. 60. 25 E. 3. No. 60. 50 E. 3. No. 212. 2 R. 2.134 2 R. 2. No. 38. 1 H. 4.132 2 H. 4325.113 And that one of the principal ends of calling Parliaments is for redressing of Grievances that daily happen 36 E. 3. c. 10. 18 E. 3. c. 14. 50 E. 3. No. 17. Lyons Case Rot. Par. 1 H. 5. No. 17. 13 H. 4. No. 9. And that as concerning the departing of Parliaments It ought to be in such a manner faith Modus Tenendi viz. To be demanded yea and publiekly Proclaimed in the Parliament and within the Palace of the Parliament whether there be any that hath delivered a Petition to the Parliament and hath not received Answer thereto if there be none such it is to be supposed that every one is Satisfied or else Answered unto at the least so far forth as by the Law be may be And which custom was observed in after Ages as you have heard before Concerning the Antiquity and Authority of this Ancient Treatise called Modus tenendi Parliamentum saith my Lord Coke whereof we make often use in our Institutes Certain it is that this Modus was Rehearsed and Declared before the Conqueror at the time of his Conquest and by him approved for England and accordingly he according to Modus held a Parliament for England as appears 21 E. 3. so 60. Whereby you clearly perceive that these wholsome Laws are not only in full agreement with the Common Law and declarative thereof but in full accord with the Oath and Office of the Prince who has that great trust by the Law lodged with him for the good and benefit not hurt and mischief of the People viz. First These Laws are very suitable to the Duty and Office of a Ruler and the end for which he was instituted by God himself who commands him to do Judgment and Justice to all especially to the Oppressed and not to deny them any request for their relief protection or welfare 2 Sam. 22.3 1 Chron. 13.1 to 5.2 Chron. 9.8.19.5 c Est 1.13 Our Law-Books enjoyning the same as Bracton Lib. 1. c. 2. Lib. 3. c. 9. fol. 107 c. Fortiscue ch 9. fo 15. c. 7. fol 5.11 Coke 7. Book Reports Calvin's Case f. 11. Secondly They are also in full Harmony with the King's Coronation Oath solemnly made to all his Subjects viz. To grant fulfill and defend all rightful Laws which the Commons of the Realm shall choose and to strengthen and maintain them after his Power Thirdly These Laws are also in full agreement and oneness with Magna Charta it self that Ancient Fundamental Law which hath been Confirmed by at least Forty Parliaments viz. We shall deny We shall defer to no Man Justice and Right much less to the whole Parliament and Kingdom in denying or deferring to pass such necessary Bills which the Peoples needs call for Object But to all this which hath been said it may be objected That several of our Princes have otherwise practised by Dissolving or as laterly used by Prorogucing Parliaments at their pleasures before Grievances were Redressed and Publick Bills of Common Safety Passed and that as a Privilege belonging to the Royal Prerogative Answ To which it is Answered That granting they have so done First It is most manifest that deth not therefore create a right to them so to do according to that known Maxim a facto ad jus non valet Consequentia especially when such Actions are against so many express and positive Laws such Principles of Common Right and Justice and so many particular Tyes and Obligations upon themsâ—â—es to the contrary Secondly But if it had been so yet neither can Prerogative be pleaded to justify such Practices because the King has no Prerogative but what the Law gives
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
Administration of Justice Belongeth to the Office of a King But the fullest account of it in few words is in Chancellor Fortescue Chap. XIII which Passage is quoted in Calvin's Case Coke VII Rep. Fol 5. Ad Tutelam namque Legis Subditorum ac eorum Corporum bonorum Rex hujusmodi erectus est ad hanc potestatem a populo effluxam ipse habet quo ei non licet potestate alia suo populo Dominari For such a King That is of every Political Kingdom as this is is made and ordained for the Defence or Guardianship of the Law of his Subjects and of their Bodies and Goods whereunto he receiveth power of his People so that he cannot Govern his People by any other power Corollary 1. A Bargain 's a Bargain 2. A Popish Guardian of Protestant Laws is such an Incongruity and he is as Unfit for that Office as Antichrist is to be Christ's Vicar CHAP. II. Of Prerogatives by Divine Right I. GOvernment is not matter of Revelation if it were then those Nations that wanted Scripture must have been without Government whereas Scripture it self says That Government is The Ordinance of Man and of Humane Extraction And King Charles the First says of this Government in particular That it was Moulded by the Wisdom and Experience of the People Answ to XIX Prop. II. All just Governments are highly Beneficial to Mankind and are of God the Author of all Good they are his Ordinances and Institutions Rom. 13.1 2. III. Plowing and Sowing and the whole business of preparing Bread-Corn is absolutely necessary to the subsistence of Mankind This also cometh forth from the Lord of Hosts who is wonderful in Counsel and excellent in Working Isa 28. from 23. to 29th Verse IV. Wisdom saith Counsel is mine and sound Wisdom I am Vnderstanding I have strength By me Kings Reign and Princes decree Justice By me Princes Rule and Nobles even all the Judges of the Earth Prov. 8.14 V. The Prophet speaking of the Plowman saith His God doth instruct him to discretion and doth teach him Isa 28.26 VI. Scripture neither gives nor takes away Mens Civil Rights but leaves them as it found them and as our Saviour said of himself is no Divider of Inheritances VII Civil Authority is a Civil Right VIII The Law of England gives the King his Title to the Crown For where is it said in Scripture That such a Person or Family by Name shall enjoy it And the same Law of England which has made him King has made him King according to the English Laws and not otherwise IX The King of England has no more Right to set up a French Government than the French King has to be King of England which is none at all X. Render unto Caesar the things which are Caesars neither makes a Caesar nor tells who Caesar is nor what belongs to him but only requires Men to be just in giving him those supposed Rights which the Laws have determined to be his XI The Scripture supposes Property when it forbids Stealing it supposes Mens Lands to be already Butted and Bounded when it forbids removing the antient Land-marks And as it is impossible for any Man to prove what Estate he has by Scripture or to find a Terrier of his Lands there so it is a vain thing to look for Statutes of Prerogative in Scripture XII If Mishpat Hamelech the manner of the King 1 Sam. 8.11 be a Statute of Prerogative and prove all those particulars to be the Right of the King then Mishpat Haccohanim the Priest's custom of Sacrilegeous Rapine Chap. 2.13 proves that to be the Right of the Priests the same wood being used in both places XIII It is the Resolution of all the Judges of England that even the known and undoubted Prerogatives of the Jewish Kings do not belong to our Kings and that it is an absurd and impudent thing to affirm they do Coke 11. Rep. p. 63. Mich. 5. Jac. Give us a King to Judge us 1 Sam. 8.5 6 20. Note upon Sunday the Tenth of November in this same Term the King upon Complaint made to him by Bancroft Archbishop of Canterbury concerning Prohibitions was informed that when Question was made of what matters the Ecclesiastical Judges have Cognizance either upon the Exposition of the Statutes concerning Tythes or any other Thing Ecclesiastical or upon the Statute 1 Eliz. concerning the High Commission or in any other Case in which there is not express Authority by Law the King himself may decide it in his Royal person and that the Judges are but the Delegates of the King and that the King may take what Causes he shall please to determine from the Determination of the Judges and may determine them himself And the Archbishop said That this was clear in Divinity That such Authority belongs to the King by the Word of God in Scripture To which it was answered by me in the presence and with the clear consent of all the Justices of England and Barons of the Exchequer That the King in his own person cannot adjudge any Case either Criminal as Treason Felony c. but this ought to be determined and adjusted in some Court of Justice according to the Law and Custom of England And always Judgments are given Ideo consideratum est per Curiam so that the Court gives the Judgment And it was greatly marvelled That the Archbishop durst inform the King that such absolute power and authority as is aforesaid belonged to the King by the Word of God CHAP. III. Of OBEDIENCE I. NO Man has any more Civil Authority than what the Law of the Land has vested in him Nor is he one of St. Paul's Higher Powers any farther or to any other purposes than the Law has impowr'd him II. An Usurped Illegal and Arbitrary power is so far from being the Ordinance of God that it is not the Ordinance of Man III. Whoever opposes an Usurped Illegal and Arbitrary Power does not oppose the Ordinance of God but the Violation of that Ordinance IV. The 13. of the Romans commands Subjection to our Temporal Governours Verse 4. because their Office and Imployment is for the publick welfare For he is the Minister of God to Thee for Good V. The 13. of the Hebrews commands Obedience to spiritual Rulers Verse 17. Because they watch for your Souls VI. But the 13. of the Hebrews did not oblige the Martyrs and Confessors in Queen Mary's Time to obey such blessed Bishops as Bonner and the Beast of Rome who were the perfect Reverse of St. Paul's Spiritual Rulers and whose practice was murthering of Souls and Bodies according to the true Character of Popery which was given it by the Bishops who compiled the Thanksgiving for the Fifth of November but Archbishop Laud was wiser than they and in his time blotted it out The Prayer formerly run thus To that end strengthen the Hands of our Gracious King the Nobles and Magistrates of the
Years after that he called no Parliament notwithstanding the Law for Triennial Parliaments and the manner of his Death and the Papers printed after his Death in his Name having sufficiently shewed that he was equally sincere in both those Assurances that he gave as well in that relating to Religion as in that other relating to frequent Parliaments yet upon his Death a new set of Addresses appeared in which all that Flattery couldinvent was brought forth in the Commendations of a Prince to whose Memory the greatest kindness can be done is to forget him and because his present Majesty upon his coming to the Throne gave some very general Promise of maintaining the Church of England this was magnified in so extravagant a strain as if it had been a Security greater than any that the Law could give tho' by the regard that the King has both to it and to the Laws it appears that he is resolved to maintain both equally since then the Nation has already made it self sufficiently ridiculous both to the present and to all succeeding Ages it is time that at last men should grow weary and become ashamed of their Folly XII The Nonconformists are now invited to set an Example to the rest and they who have valued themselves hitherto upon their Opposition to Popery and that have quarrelled with the Church of England for some small Approaches to it in a few Ceremonies are now solicited to rejoyce because the Laws that secure us against it are all plucked up since they enjoy at present and during pleasure leave to meet together It is natural for all men to love to be set at ease especially in the matter of their Consciences but it is visible that those who allow them this favour do it with no other design but that under a pretence of a General Toleration they may Introduce a Religion which must persecute all equally It is likewise apparent how much they are hated and how much they have been persecuted by the Instigation of those who now Court them and who have now no game that is more promising than the engaging them and the Church of England into new Quarrels and as for the Promises now made to them it cannot be supposed that they will be more lasting than those that were made some time ago to the Church of England who had both a better Title in Law and greater Merit upon the Crown to assure them that they should be well used than these can pretend to The Nation has scarce forgiven some of the Church of England the Persecution into which they have suffered themselves to be cosened tho' now that they see Popery barefaced the Stand that they have made and the vigorous Opposition that they have given to it is that which makes all men willing to forget what is past and raises again the Glory of a Church that was not a little stained by the Indiscretion and Weakness of those that were too apt to believe and hope and so suffered themselves to be made a Property to those who would make them a Sacrifice The Sufferings of the Nonconformists and the Fury that the Popish party expressed against them had recommended them so much to the Compassions of the Nation and had given them so just a pretension to favour in a better time that it will look like a Curse of God upon them if a few men whom the Court has gained to betray them can have such an ill Influence upon them as to make them throw away all that Merit and those Compassions which their Sufferings have procured them and to go and court those who are only seemingly kind to them that they may destroy both them and us They must remember that as the Church of England is the only Establishment that our Religion has by Law so it is the main body of the Nation and all the Sects are but small and stragling parties and if the Legal Settlement of the Church is dissolved and that body is once broken these lesser bodies will be all at Mercy and it is an easie thing to define what the Mercies of those of the Church of Rome are XIII But tho' it must be confessed that the Nonconformists are still under some Temptations to receive every thing that gives them present ease with a little too much kindness since they lie exposed to many severe Laws for which they have of late felt the weight very heavily and as they are men and some of them as ill Natured men as other people so it is no wonder if upon the first surprises of the Declaration they are a little delighted to see the Church of England after all its Services and Submissions to the Court so much mortified by it so that taking all together it will not be strange if they commit some Follies upon this occasion Yet on the other hand it passes all imagination to see some of the Church of England especially those whose Natures we know are so particularly sharpned in the point of Persecution chiefly when it is levelled against the Dissenters rejoice at this Declaration and make Addresses upon it It it hard to think that they have attained to so high a pitch of Christian Charity as to thank those who do now Despitefully use them and that as an earnest that within a little while they will Persecute them This will be an Original and a Master-piece in Flattery which must needs draw the last degrees of Contempt on such as are capable of so abject and sordid a Compliance and that not only from all the true Members of the Church of England but likewise from those of the Church Rome it self for every man is apt to esteem an Enemy that is brave even in his Misfortunes as much as he despises those whose minds sink with their Condition for what is it that these men would Address the King Is it because he breaks those Laws that are made in their Favour and for their Protection and is now striking at the Root of all Legal Settlement that they have for their Religion Or is it because that at the same time that the King professes a Religion that condemns his Supremacy yet he is not contented with the Exercise of it as it is warranted by Law but carries it so far as to erect a Court contrary to the express words of a Law so lately made That Court takes care to maintain a due proportion between their Constitution and all their Procedings that so all may be of a piece and all equally contrary to Law They have suspended one Bishop only because he would not do that which was not in his power to do for since there is no Extrajudiciary Authority in England a Bishop can no more proceed to the Sentence of Suspension against a Clergy-man without a Tryal and the hearing of Parties than a Judge can give a Sentence in his Chamber without an Indictment a Tryal or a Jury and because one of the greatest bodies of
so I desire to know why I may not read an Homily for Transubstantiation or Invocation of Saints or the Worship of Images if the King sends me such good Catholick Homilies and commands me to read them And thus we may instruct our People in all the Points of Popery and recommend it to them with all the Sophistry and Artificial Infintrations in Obedience to the King with a very good Conscience because without our Consent If it be said this would be a Contradiction to the Doctrine of our Church by Law established so I take the Declaration to be And if we may read the Declaration contrary to Law because it does not imply our Consent to it so we may Popish Homilies for the bare Reading them will not imply our Consent no more than the Reading the Declaration does But whether I consent to the Doctrine or no it is certain I consent to teach my People this Doctrine and it is to be considered whether an honest Man cand do this Thirdly I suppose no Man will doubt but the King intends that our Reading the Declaration should signifie to the Nation our Consent and Approbation of it for the Declaration does not want Publishing for it is sufficiently known already but our Reading it in our Churches must serve instead of Addresses of Thanks which the Clergy generally refused though it was only to Thank the King for his Gracious Promises renewed to the Church of England in His Declaration which was much more innocent than to publish the Declaration it self in our Churches This would perswade one that the King thinks our Reading the Declaration to signifie our Consent and that the People will think it to be so And he that can satisfie his 〈◊〉 to do an Action without Consent which the Nature of the Thing the Design and intention of the Command and the Sense of the People expound to be a Consent may I think as well satisfie himself with Equivocations and mental Reservations There are two things to be answered to this which must be considered 1. That the People understand our Minds and see that this is Matter of Force upon us and meer Obedience to the King To which I answer 1. Possibly the People do understand that the Matter of the Declaration is against our Principles But is this any Excuse that we read that and by Reading recommend that to them which is against our own Consciences and Judgments Reading the Declaration would be no Fault at all but our Duty whâ—â— the King commands it did we approve of the Matter of it but to consent to teach our People such Doctrines as we think contrary to the Laws of God or the Laws of the Land does not lessen but aggravate the Fault and the People must be very good natured to think this an Excuse 2. It is not likely that all the People will be of a Mind in this Matter some may excuse it others and those it may be the most the best and the wifest Men will condemn us for it and then how shall we justifie our selves against their Censures when the World will be divided in their Opinions the plain way is certainly the best to do what we can justifie our selves and then let Men judge as they please No Men in England will be pleased with our Reading the Declaration but those who hope to make great Advantage of it against us and against our Church and Religion others will severely condemn us for it and censure us as false to our Religion and as Betrayers both of Church and State and besides that it does not become a Minister of Religion to do any thing which in the Opinion of the most charitable Men can only be excused for what needs an Excuse is either a Fault or looks very like one besides this I say I will not trust Mens Charity those who have suffered themselves in this Cause will not excuse us for fear of suffering those who are inclined to excuse us now will not do so when they consider the thing better and come to feel the ill Consequences of it when our Enemies open their Eyes and tell them what our Reading the Declaration signified which they will then tell us we ought to have seen before though they were not bound to see it for we are to guide and instruct them not they us II. Others therefore think that when we read the Declaration we should publickly profess that it is not our own Judgment but that we only Read it in Obedience to the King and then our Reading it cannot imply our Consent to it Now this is only Protestatio contra sactum which all People will laugh at and scorn us for for such a solemn Reading it in time of Divine Service when all Men ought to be most grave and serious and far from dissembling with God or Men does in the Nature of the thing imply our Approbation and should we declare the contrary when we read it what shall we say to those who ask uâ— why then do you read it But let those who have a mind to try this way which for my part I take to be a greater and more unjustifiable Provocation of the King than not to read it and I suppose those who do not read it will be thought plainer and honester Men and will 〈◊〉 as well as those who read it and protest against it and yet nothing less than an express Protestation against it will salve this Matter for only to say they read it meerly in Obedience to the King does not express their Dissent It signifies indeed that they would not have read it if the King had not commanded it but these Words do not signifie that they disapprove of the Declaration when their Reading it though only in Obedience to the King signifies their Approbation of it as much as Actions can signifie a Consent let us call to mind how it fared with those in King Charles the First 's Reign who read the Book of Sports as it was called and then preached against it To return then to our Arguments if Reading the Declaration in our Churches be in the Nature of the Action in the Intention of the Command in the Opinion of the People an interpretative Consent to it I think my self bound in Conscience not to read it because I am bound in Conscience not to approve it It is against the Constitution of the Church of England which is established by Law and to which I have subscribed and therefore am bound in Conscience to Teach nothing contrary to it while this Obligation lasts It is to teach an unlimitâ—d and universal Toleration which the Parliament in 72. Declared illegal and which has been condemned by the Christian Church in all Ages It is to teach my People that they need never come to Church more but have my free Leave as they have the King 's to go to a Conventicle or Mass It is to teach the Dispencing Power which alters what
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
impoverished and ruined by him at his pleasure especially when those whom they give up to be thus treated and entertained are at agreement with them in all the Essentials of Religion equally zealous as themselves for the Liberties of their Country and who for Sobriety in their Lives Industry in their Callings and Usefulness in the Common-Wealth are inferior to none of their Fellow-Subjects So it is obvious to any who give themselves leave to think that the King would long ere this have been stated in the Absoluteness that is aspired after and both Church and State reduced to lie at the discretion of the Monarch provided the Nonconformists for procuring his Favour in non-execution of the Laws had suffered themselves to be prevailed upon and drawn over to stand by and assist him in his Popish and Despotical Designs But that honest people though hated and maligned by their Brethren rather than be found aiding the King in his Usurpations over the Kingdom have chosen to undergoe the utmost Calamities they could be made subject unto either through the Execution of those Laws which had been made against them or through our Princes and their Ministers wrecking their Malice upon them in Arbitrary and Illegal Methods But what the Royal Brothers could not work the afflicted and persecuted Side unto they found the Art to engage the other Side in though not onely excepted from all Obnoxiousness to those Laws but strengthened and supported by them For as soon as the Court begun to despair of prevailing upon Dissenters to become their Tools and Instruments of enslaving the Nation and of exalting the Monarchy to a Despotical Absoluteness they applied to the Bigots of the Church of England whom by gratifying with a vigorous Execution of the Laws upon Dissenters they brought to abett applaud and justifie them in all those Counsels and Ways which have reduced us into that miserable condition wherein we not long since were The Clergy being advanced to Grandure and Opulency things which many of them are fonder of and lother to foregoe than Religion and the Rights of the Nation the Court made it their business to possess them with a Belief that unless the Fanaticks were suppressed and ruined they could not enjoy with Security their Dignities and Wealth Whereupon not onely the lesser Levites but the Superior Clergy having their Lesson and Cue given them from White-hall and St. James's fell upon pursuing the Nonconformists with Ecclesiastical Punishments and upon exciting and animating the Civil Officers against them And under pretence of preserving and defending the Church they gave themselves over to an implicit serving of the Court and became not onely Advocates but Instruments for the robbing of Corporations of their Charters for imposing Sheriffs upon the City of London who had not been legally elected and of fining and punishing Men arbitrarily for no Crime save the having asserted their own and the Nations Rights in modest and lawful ways Posterity will hardly believe that so many of the Prelatical Clergy and so great a number of Members of the Church of England should from an Enmity unto and pretended Jealousie of the Dissenters have become Tools under the late King for justifying the Dissolution of so many Parliaments the Invasion made upon their Priviledges the ridiculing and stifling of the Popish Plot the shamming of forged Conspiracies upon Protestants the condemning several to Death for High-Treason who could be rendred guilty by the Transgression of no known Law and finally for advancing a Gentleman to the Throne who had been engaged in a Conjuration against Religion and the Legal Government and whom three several Parliaments would have therefore Excluded from the Right of Succession And being seduced into an espousal of the Interests of the Court against Religion Parliaments and the Nation it is doleful to consider what Doctrines both from Pulpit and Press were thereupon brought forth and divulged Such as Monarchy's being a Government by Divine Right That it is in the Prince's Power to Rule as he pleaseth That it is a Grace and Condescention in the King to give an Account of what he does That for Parliaments to direct or regulate the Succession borders upon Treason and is an Offence against the Law of Nature And that the onely thing left to Subjects in case the King will Tyrannize over their Consciences Persons and Estates is tamely to suffer and as some of them did absurdly express it to exercise Passive Obedience So that by corrupting the Minds and Consciences of men with those pestilent and slavish Notions they betrayed the Nation both to the Mischiefs which have alrerdy overtaken us and to what further we were threatned with Nor did these Doctrines tend meerly to the fettering and enfeebling the Spirits of Men but they were a Temptation to the Royal Brothers to put in Execution what they had been so long contriving and travelling with and were a kind of reprimanding them for being ignorant of their own Right and Power and for not exerting it with that Vigour and Expedition which they might I do acknowledge that there were many both of the Sacred Order and of the Laick Communion of the Church of England who were far from being infected with those brutish Sentiments and Opinions and who were as zealous as any for having the Monarchy kept within its ancient limits Parliaments maintained in their wonted Reverence and Authority the Subjects preserved in the enjoyment of their immemorial Priviledges and who were far from sacrificing our Religion and Laws to Popery and Arbitrariness and from lulling us into a Tameness and Lethargy in case the Court should attempt the abolishing the established Doctrine and Worship and the subverting and changing the Civil Government But alass besides their being immediately branded with the Name of Trimmer and conformable Fanaticks and registred in the Kalender with those that stood precluded the King's Favour and merited his Animadversion their Modesty was soon drowned and silenced in the loud Noise of their clamorous Brethren and their retiredness from Conversation while the others frequented all places of Society and publick Concourse deprived the Nation of the benefit of their Example and the happiness of their Instructions Nor have I mentioned the Extravagancies of any of the Ecclesiasticks and Members of the Church of England with a design either of reproaching and upbraiding them or of provoking and exasperating the Dissenters to Resentments but onely to shew how fatal our Divisions have been unto us what excesses they have occasioned our being hurried and transported into and what mischievous Improvement our Enemies have made of them to the supplanting and almost subverting of all that is valuable unto us as we are English-men Christians and Protestants And as our Animosities through our Divisions gave the Courrt an advantage of suborning that Party which they pretended to befriend and uphold into a Ministration to all their Counsels and Projections against our Religion and Laws so by reason of the
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
the many Laws and Rights which a Jurisdiction is challenged over and exerted in reference unto in the Papers stiled by the forementioned Names All confess a Royal Prerogative settled on the Crown and appertaining to the Royal Office nor can the Supreme Magistrate be executed and discharged to the Advantage and Safety of the Community without a Power affixed unto it of superceding the Execution of some Laws at certain Junctures nor without having an Authority over the Rights of particular Men in some incident cases but then the received Customs of the respective Nations and the universal Good Preservation and Safety of the People in general are the Measures by which this Prerogative in the Crown is to be regulated and beyond which to apply or exert it is an Usurpation and Tyranny in the Ruler All the Power belonging to the Kings and Queens of England and Scotland ariseth from an Agreement and Concession of the People wherein it is stipulated what Rights Liberties and Privileges they reserved unto themselves and what Authority and Jurisdiction they delegated and made over unto the Sovereign in order to his being in a Condition to protect and defend them and that they may the better live in Peace Freedom and Safety which are the Ends for which they have chosen Kings to be over them and for the compassing whereof they originally submitted unto and pitched upon such a Form of Civil Administration Nor are the Opinions of particular Men of what Rank or Order soever they be to be admitted as an Exposition of the Extent of this Prerogative seeing they through their Dependencies upon the King and their Obnoxiousness to be influenced by selfish and personal Ends may enlarge it beyond what is for the Benefit of the Community but the immemorial course of Administration with the Sense of the whole Society signified by their Representatives in Parliament upon emerging Occasions are to be taken for the Sense Paraphrase and Declaration of the Limits of this Royal and Prerogative Power and for any to determine the Bounds of it from the Testimonies of Mercenary Lawyers or Sycophant Clergy-men in Cases wherein the Parliament have by their Votes and Resolutions settled its Boundaries is a Crime that deserves the severest Animadversion and which it is to be hoped a true English Parliament will not let pass unpunished Now a Power arising from Royal Prerogative to suspend and disable a great number of Laws at once and they of such a Nature and Tendency as the great Security of the People consists in their being maintained and which the whole Community represented in Parliaments have often disallowed and made void Princes meddling with so as to interrupt their Execution and Course is so far from being a Right inherent in the Crown that the very pretending unto it is a changing of the Government and an overthrowing of the Constitution De Laudib Leg. Angl. c. 9. Fortescue says That Rex Angliae populum Gubernat non merâ potestate Regiâ sed politicâ quia populus iis legibus gubernatur quas ipse fert the King of England doth not so properly Govern by a Power that is Regal as by a Power that is Political in that he is bound to Rule by the Laws which the People themselves chuse and enact And both Bracton and Fleta tell us Bract. l. 2. c. 16. Flet. l. 2. c. 17. That Rex Angliae habet superiores viz. legem per quam factus est Rex ac Comites Barones qui debent ei fraenum ponere the King of England hath for Superiors both the Law by which he is constituted King and which is the measure of his Governing Power and the Parliament which is to restrain him if he do amiss And thereupon we have not only that other Saying of Bracton Lib. 3. cap. 9. That Nihil aliud potest Rex nisi id solum quod jure potest The King can do nothing but what he can do by Law But we have that Famous Passage in our Parliament Rolls Rot. Parl. 7. Hen. 4. Num. 59 Non est ulla Regis prerogativa quae ex justitia aequitate quicquam derogat That there is no Prerogative belongs to the King by which he can decline from acting according to Law and Justice So careful were our Ancestors both in England and Scotland to preserve their Laws from being invaded and superceded by their Kings that they have not only by divers Parliamentary Votes and Resolutions and by several Statutes declared all Dispensations by the King from Laws and enjoyned Oaths to be null and void and not admittable by the Judges or other Executors of Law and Justice but they have often Impeached Arraigned and Condemned those to one Penalty or another that have been found to have counselled and advised Kings to an Usurpation of Power over the Laws and to a Violation of established and enacted Rules It would draw this Discourse to a length beyond what is intended should I mention the several Laws against Papists as well as against Dissenters that are suspended stop'd disabled and dispensed with in the two fore-mentioned Royal Papers and it would be an extending it much more should I make the several Reflections that the matter is capable of and which a Person of a very ordinary Understanding cannot be greatly to seek for I shall therefore only take notice of two or three Efforts which occur there of this Royal Prerogative and Absolute Power which as they are very bold and ample Exertions of them for the first time so should the next Exercises of them be proportionable there will be nothing left us of the Protestant Religion or of English Liberties and we must be contented to be Papists and Slaves or else to stand adjudged to Tyburn and Smithfield One is the Suspending the Laws which enjoyn the Oaths of Allegiance and Supremacy and the prohibiting that these Oaths be at any time hereafter required to be taken by which single Exercise of Royal Prerogative and Absolute Power the two Kingdoms are not only again subjected to a Foreign furisdiction the Miseries whereof they groaned under for several Ages but as the King is hereby deprived of the greatest Security he had from his Subjects both to himself and the Government so the Crown is rob'd of one of its chiefest Jewels namely an Authority over all the Subjects which was thought so essential to Sovereignty and Royal Dignity that it was annexed to the Imperial Crown of England and adjudged inherent in the Monarch before the Reformed Religion came to be received and established And it concerns their Royal Highnesses of Orange to whom the Right of succeeding to the Crown of Great Britain unquestionably belongs to consider whether his Majesty may not by the same Authority whereby he alienates and gives away so considerable and inherent a Branch of the Royal Jurisdiction transfer the Succession it self and dispose the Inheritance of the Crown to whom he pleaseth Nor will they
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
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
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
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
such Assemblies which times are as ancient as any Memory of the Nation it self hence I infer that no Summons from the King can be thought to have been necessary in those days because it was altogether needless Secondly The Succession to the Crown did not in those days nor till of late years run in a course of Lineal Succession by right of Inheritance But upon the death of a Prince those Persons of the Realm that Composed the then Parliament Assembled in order to the choosing of another That the Kingdom was then Elective though one or other of the Royal Blood was always chosen but the next in Lineal Succession very seldom is evident from the Genealogies of the Saxon Kings from an old Law made at Calchuyth appointing how and by whom Kings shall be chosen and from many express and particular Accounts given by our old Historians of such Assemblies held for Electing of Kings Now such Assemblies could not be Summon'd by any King and yet in conjunction with the King that themselves set up they made Laws binding the King and all the Realm Thirdly After the Death of King William Rufus Robert his Elder Brother being then in the Holy Land Henry the younger Son of King William the First procured an Assembly of the Clergy and People of England to whom he made large Promises of his good Government in case they would accept of him for their King and they agreeing that if he would restore to them the Laws of King Edward the Confessor then they would consent to make him their King He swore that he would do so and also free them from some oppressions which the Nation had groan'd under in his Brothers and his Fathers time Hereupon they chose him King and the Bishop of London and the Archbishop of York set the Crown upon his Head Which being done a Confirmation of the English Liberties passed the Royal Assent in that Assembly the same in substance though not so large as King John's and King Henry the Third's Magna Charta's afterwards were Fourthly After that King's Death in such another Parliament King Stephen was Elected and Mawd the Empress put by though not without some stain of perfidiousness upon all those and Stephen himself especially who had sworn in her Fathers Life-time to acknowledge her for their Soveraing after his decease Fifthly In King Richard the First 's time the King being absent in the Holy Land and the Bishop of Ely then his Chancellor being Regent of the Kingdom in his Absence whose Government was intolerable to the People for his Insolence and manifold Oppressions a Parliament was convened at London at the Instance of Earl John the Kings Brother to treat of the great and weighty affairs of the King and Kingdom in which Parliament this same Regent was depos'd from his Government and another set up viz. the Arch-Bishop of Roan in his stead This Assembly was not conven'd by the King who was then in Palaestine nor by any Authority deriv'd from him for then the Regent and Chancellor must have call'd them together but they met as the Historian says expresly at the Instance of Earl John And yet in the Kings Absence they took upon them to settle the publick Affairs of the Nation without Him Sixthly When King Henry the 3d. died his Eldest Son Prince Edward was then in the Holy Land and came not home till within the third year of his Reign yet immediately upon the Fathers Death all the Prelates and Nobles and 4 Knights for every Shire and 4 Burgesses for every Borough Assembled together in a great Council and setled the Government till the King should return Made a new Seal and a Chancellor c. I infer from what has been said that Writs of Summons are not so Essential to the being of Parliaments but that the People of England especially at a time when they cannot be had may by Law and according to our old Constitution Assemble together in a Parliamentary way without them to treat of and settle the publick Affairs of the Nation And that if such Assemblies so conven'd find the Throne Vacant they may proceed not only to set up a Prince but with the Assent and Concurrence of such Prince to transact all Publick business whatsoever without a new Election they having as great Authority as the People of England can deligate to their Representatives II. The Acts of Parliaments not Formal nor Legal in all their Circumstances are yet binding to the Nation so long as they continue in Force and not liable to be questioned as to the Validity of them but in subsequent Parliaments First The two Spencers Temp. Edvardi Secundi were banished by Act of Parliament and that Act of Parliament repealed by Dures Force yet was the Act of Repeal a good Law till it was Annulled 1 Ed. 3. Secondly Some Statutes of 11 Rich. 2. and attainders thereupon were repealed in a Parliament held Ann. 21. of that King which Parliament was procured by forced Elections and yet the Repeal stood good till such time as in 1 Henry 4. the Statutes of 11 Rich. 2. were revived and appointed to be firmly held and kept Thirdly The Parliament of 1 Hen. 4. consisted of the same Knights Citizens and Burgesses that had served in the then last dissolved Patliament and those Persons were by the Kings Writts to the Sheriffs commanded to be returned and yet they passed Acts and their Acts tho never confirmed continue to be Laws at this day Fourthly Queen Mary's Parliament that restored the Popes Supremacy was notoriously known to be pack'd inso much that it was debated in Queen Elizabeth's time whether or no to declare all their Acts void by Act of Parliament That course was then upon some prudential considerations declined and therefore the Acts of that Parliament not since repealed continue binding Laws to this day The reason of all this is Because no inferiour Courts have Authority to judge of the Validity or Invalidity of the Acts of such Assemblies as have but so much as a colour of Parliamentary Authority The Acts of such Assemblies being Entred upon the Parliament-Roll and certified before the Judges of Westminster-Hall as Acts of Parliament are conclusive and binding to them because Parliaments are the only Judges of the Imperfections Invalidities Illegalities c. of one another The Parliament that call'd in King Charles the Second was not assembled by the Kings Writ and yet they made Acts and the Royal assent was had to them many of which indeed were afterwards confirmed but not all and those that had no Confirmation are undoubted Acts of Parliament without it and have ever since obtained as such Hence I inferr that the present Convention may if they please assume to themselves a Parliamentary Power and in conjunction with such King or Queen as they shall declare may give Laws to the Kingdom as a legal Parliament The Thoughts of a Private Person about the Justice of the Gentlemens Vndertaking
owe Arbitraty Allegiance Allegiance is more in some Places and less in others but no Man can owe so much Duty to his Prince as not to have a Salvo for God and his Life and here we can owe none that is against our Laws and the Publick Good for that would destroy the Government Our Allegiance therefore must be bounded by our Laws and not by the King's Word or Will No Man can swear to obey the King's Word or Will simply but according to Law It would be Sin to tye our selves to think or speak or do what he would have us at large Our Allegiance therefore must be such as will consist with the Frame of our Government and that must be such as is couched in the Body of our Laws Other Allegiance there can be none but what is wrapt up in Courtesies and Formalities For it seems the King as well as the People is under the Law in some Sense under the direction of it though not under the constraint and therefore at his Coronation he does a kind of Fealty to the Laws and Government and swears Allegiance to them as to a Supream Lord. The Oath is not only Will you grant the Laws but will you grant and keep the Laws and Customs of England and the Answer is I grant and promise to keep them It is certain therefore no Allegiance to the King can be against Law to which he himself owes Allegiance The Case being thus far clear That the Allegiance sworn to is no other but our Legal Duty it does not hinder but that we may resist illegal Force When the King of the Scots swore allegiance to our King it did not deprive him of a just defence of his just Right by taking up arms if he were opprest And the King of England when he swore allegiance to the King of France made no scruple to take up arms against his Liege Lord in defence of his just Rights And the Old Lawyers tell us That the very Villain might in case of Rape and Murther arm against his Lord and if the Law arm a Villain against his Lord Subjects are worse than Villains if they may not arm against their Soveraign Lord's illegal Forces in defence of their Laws Lives Estates and the publick good but what makes it most evident is the Clause in King Henry's Charter which says If the King invade those Rights it is Lawful for the Kingdom to rise against him and do him what injury they can as though they owed him no Allegiance The Words are these if my Author fail me not Licet omnibus de Regno nostro contra nos insurgere omnia agere quae gravamen noster respiciant ac si nobis in nullo tenerentur Much to the same purpose is in King John's Charter which I find thus quoted Et Illi Barones cum communa totius terrae distringent gravabunt Nos Modis omnibus quibus poterunt scilicet per captionem Castrorum terrarum possessionum etalis modis quibus potuerint donet fuerint emendatum secundum Arbitrium eorum salva persona nostra Reginae nostrae Liberorum nostrorum Much may be said of this Nature about the Old Allegiance which was all couched in Homage and Fealty but this is enough to show that true Allegiance does not tye us from resisting illegal Force and Intolerable Incroachments upon our just Rights Obj. 10. But such Resistance would be against the Declaration which says It is not Lawful upon any pretence whatsoever to take up Arms against the King c. Answ The Latitude of the word Lawful causes the Scruple which at first View seems to tell us That it is sinful upon any pretence whatsoever to take up arms against the King c. But it is no good consequence to say That it is sinful because it is unlawful unless the Discourse be restrained to the Laws of God I must confess it is politically unlawful for Subjects in any Case or for any Cause whatever to take up arms against the King and those Commission'd by him because such a taking up arms here can have no political authority But it is morally lawful in all limited Governments to resist that Force that wants political power The regal power is irresistable in all Persons from the King to the petty Constable but it does not hinder but that all these Persons may be resisted when they do what they have no political power to They that have a limited power and a prescribed Duty may either act against or beyond their Commission and when they so do they may be resisted For such acts have no political power in them though the Persons have to other purposes If a Commission should be granted to a Company of Ruffians to plunder and massacre they might have something more of the King's Affections but no more of his authority than Private Robbers had and consequently might be resisted with equal Honesty None therefore can make this Declaration in its full Latitude but upon this presumption That the King and his Ministers keep perpetually within the Bounds of the Law otherwise they declare the King has an arbitrary power which is against the Fundamental Laws of this Land and a kind of Treason against the State For if he may not be resisted in any Case he may be under some moral restraint but under no political restraint and consequently the political frame of the Government must be arbitrary The meaning therefore of this Declaration can be no other but that a Man can have no Civil power or authority in any Case to take up arms against the King c. But this does not debar any man of the Natural Right of Self-defence by private arms against Inauthoritative Force Obj. 11. To this some reply that seeing God hath placed the Governing though limited Power in the King's Hand no Man may by any Natural Right or Private Defence resist his illegal Force God s Power must not be resisted though abused Answ There is a great difference between the abuse of power and the want of power and therefore this argument either supposes the power greater than it is or concludes ill The King and Parliament have indeed an arbitrary power I do not say Infinite but as Extensive as the frame of government will bear and therefore if they make a very grievous Law though they ought not for they are under a moral restraint though no political neither the King nor any of his Ministers may be resisted in the due Execution of it But the King has no power to burden us beyond or against Law and we may thank our own Weakness if ever he have Strength to do it This shows us there is a great difference betwixt the abuse of political power and the want of it Abused power must not be resisted but Force without power may The political power of arbitrary Princes is more extensive than their moral power And this tyes the Subject to Non-resistance when
he is Immorally or Unchristianly used They that subject themselves to anothers Discretion devest themselves of all defence But they that reserve property and liberty to themselves may justly defend them when they are unjustly invaded Had the King an arbitrary power which he did abuse to vex the Protestants I for my part should think my self obliged to suffer and not to resist as I believe did all the Primitive Christians but seeing he has no political power to use me as he lists and the most absolute Monarch has no moral power to do an unjust Act to his Subject I should be a senseless Fool if without any Obligation either from God or Man I should stand Blows rather than withstand them The Truth is Non-resistance stretch'd thus far under this government would make us like the Two Fools that went to the Field to fight with one Staff with which Vice Versa he that had it cudgell'd the other who stood all the while with his Hands in his pocket Valiantly bearing all the blows his Brother Fool thought good to lay on 2. Others conclude otherwise against this Doctrine and say The King having the Sacred Power Lodged in him may not be resisted though he act without or against that power for reverence of that Just power of God that is in him This looks like a piece of Courtship to God and smells more of Superstition than Divinity God requires no Honor to the prejudice of Justice or the advancement of Injustice but this too Devout kind of Reverence would inable a bad Prince to injure the Innocent and would leave Justice defenceless on Earth Just power is a Sanctuary indeed but the Sanctuary is of no larger extent than the power This is evident by the Tenour of all Commissions the granter must have a competent power of what he grants and that warrants the Executor to proceed to the End of the grant but the having power to one purpose cannot protect a Man from Resistance if he proceed to another The Chimney man that is irresistable in his Office is resistable if he gather the Corn in the Town-fields And the King that receives his Commission from the King of Heaven to execute the Law and is therefore Irresistable in the execution of it is yet resistable if he shut up all the Courts of Justice and abuse his Subjects contrary to Law In this case he acts not by the power of God but his Own by an Arm of Flesh or the Strength of Wicked men not by any political power or moral power but by the Savage power of a Beast or the malicious power of Hell And how any Honor should accrue to God by a Voluntary submitting to such a power is beyond my comprehension they are most likely to Honor God that stand up most for his power and will submit to no other I have brought in these Two Objections here because the Declaration is the most specious and obvious Plea for Non-resistance and is usually back'd with one of these Conceits that either want of political power is but abuse of political power or that a limited political power is a Sanctuary for unlimited Actions in whomsoever it rests Obj. 12. But to resist such Forces as are Commission'd by the King is against the Royal Prerogative of the Crown Answ The King has no Prerogative except such as are wrapt up in honorary Formalities but what the Law gives him we must not therefore presume a Prerogative and then conclude it Law but first find the Law and by it prove the Prerogative and when we have found the Prerogative it must be measured by what the Publick Good will bear and not by what the Absoluteness of the Prerogative will admit For no Prerogative can be used that is against the frame of the government or the publick good Interpretations of Law therefore ought rather to favour Liberty and Property than Prerogative because the benefiting of the Subject comes nearer to the End of the government than the excessive Honouring the Prince Honorary Prerogatives are in their Degree necessary and not superfluous there must be something to maintain the Reverence of Magistrates but they ought to give way to publick Interest and the rest are nothing but powers placed in the King to do good with and not good or ill as he pleases A Prerogative therefore cannot destroy a Law but it may supply its Defects pardoning a Condemn'd Innocent or a hopeful penitent or dispencing with a Law to one that by particular Accident the Law in its Rigour would undo But no Prerogative can impower the King to destroy the peoples liberty or property That dispencing power that like a State Opium casts all the Laws asleep and is an Engine of publick Mischief is no Prerogative belonging to the Crown of England but a Vice that does not belong to it For it brings guilt upon the King and damage upon the Subject and is a real diminution of the Dignities of the Crown For it and such like serve only to Impower the King to do Mischief with securely that is they give an Immunity from punishment but not from guilt As suppose the King by such a claimed Prerogative should shut up all the Courts of Justice so that none should be had he might be free from punishment but not from guilt he is clear by Necessity only not by Right the Case Transcends the Frame of the government none can Judge him that has neither Equals nor Superiors and so he escapes because he cannot be punished not because he deserves it not Thus the pretended Prerogative bespatters him and so leaves him Obj. 13. But it is against the Supremacy for the Supreme ought to have the Supreme credit both in judging what is Law and what is for the Publick Good Answ As the King is Supreme in the Executive part so the Parliament have a share in the Legislative which I take to be the very Apex of Supremacy and therefore they ought to have their share in interpreting Laws as well as the King or his Judges because none knows the meaning so well as the Makers if they be alive and if they be dead none knows the publick Necessities so well none so unlikely to deceive or be deceived being so numerous none likely to be so faithful and so unlikely to be cortupted having so great an interest in the publick good none like to be so effectual in working a compliance in the Peoples hearts seeing it is in effect their own Determination But yet they cannot do it without the King for that would place his Parliament above himself The King indeed is Supreme in the Legislative part as well as in the Executive part but he has not the whole Supremacy in the Legislative part as he has in the Executive He is the Head of that Body in which it rests but the Power like the Soul of Man is in the whole Body though most eminently in the Head The Parliament have their Existence
Cesar 's and both St. Paul in his Epistle to the Romans and St. Peter in his General Epistle have very positively condemned that pernicious Maxim but without any formal Declarations made of the Rules or Measures of Government And since both the People and Senate of Rome had acknowledged the Power that Augustus had indeed violently usurped it became Legal when it was thus submitted to and confirmed both by the Senate and People and it was established in his Family by a long Prescription when those Epistles were writ so that upon the whole matter all that is in the New Testament upon this Subject imports no more but that all Christians are bound to acquiesce in the Government and submit to it according to the Constitution that is settled by Law XI We are then at last brought to the Constitution of our English Government so that no general Considerations from Speculations about Sovereign Power nor from any Passages either of the Old and New Testament ought to determin us in this matter which must be fixed from the Laws and Regulations that have been made among us It is then certain that with relation to the executive Part of the Government the Law has lodged that singly in the King so that the whole Administration of it is in him but the Legislative Power is lodged between the King and the Two Houses of Parliament so that the Power of making and repealing Laws is not singly in the King but only so far as the Two Houses concur with him It is also clear that the King has such a determined extent of Prerogative beyond which he has no Authority as for instance if he levies Money of his People without a Law impowring him to it he goes beyond the Limits of his Power and asks that to which he has no right so that there lies no obligation on the Subject to grant it and if any in his Name use Violence for the obtaining it they are to be looked on as so many Robbers that invade our Property and they being violent Aggressours the Principle of Self-preservation seems here to take place and to warrant as violent a Resistance XII There is nothing more evident than that England is a free Nation that has its Liberties and Properties reserved to it by many positive and express Laws if then we have a right to our Property we must likewise be supposed to have a right to preserve it for those Rights are by the Law secured against the Invasions of the Prerogative and by consequence we must have a right to preserve them against those Invasions It is also evidently declared by our Law that all Orders and Warrants that are issued out in opposition to them are null of themselves and by consequence any that pretend to have Commissions from the King for those ends are to be considerd as if they had none at all since those Commissions being void of themselves are indeed no Commissions in the Construction of the Law and therefore those who act in vertue of them are still to be considered as private Persons who come to invade and disturb us It is also to be observed that there are some Points that are justly disputable and doubtful and others that are so manifest that it is plain that any Objections that can be made to them are rather forced Pretences than so much as plausible Colours It is true if the Case is doubtful the Interest of the publick Peace and Order ought to carry it but the Case is quite different when the Invasions that are made upon Liberty and Property are plain and visible to all that consider them XIII The main and great Difficulty here is that though our Government does indeed assert the Liberty of the Subject yet there are many express Laws made that lodg the Militia singly in the King that make it plainly unlawful upon any pretence whatsoever to take Arms against the King or any commissioned by him And these Laws have been put in the form of an Oath which all that have born any Employment either in Church or State have sworn and therefore those Laws for the assuring our Liberties do indeed bind the King's Conscience and may affect his Ministers yet since it is a Maxim of our Law that the King can do no wrong these cannot be carried so far as to justify our taking Arms against him be the Transgressions of Law ever so many and so manifest And since this has been the constant Doctrine of the Church of England it will be a very heavy Imputation on us if it appears that though we held those Opinions as long as the Court and the Crown have favoured us yet as soon as the Court turns against us we change our Principles XIV Here is a true Difficulty of this whole Matter and therefore it ought to be exactly considered 1. All general Words how large soever are still supposed to have a tacit exception and reserve in them if the Matter seems to require it Children are commanded to obey their Parents in all things Wives are declared by the Scripture to be subject to their Husbands in all things as the Church is unto Christ And yet how comprehensive soever these Words may seem to be there is still a reserve to be understood in them and though by our Form of Marriage the Parties swear to one another till Death them do part yet few doubt but that this Bond is dissolved by Adultery though it is not named for odious things ought not to be suspected and therefore not named upon such Occasions But when they fall out they carry still their own force with them 2. When there seem to be a Contradiction between two Articles in the Constitution we ought to examin which of the two is the most evident and the most important and so we ought to fix upon it and then we must give such an accommodating sense to that which seems to contradict it that so we may reconcile those together Here then are two seeming Contradictions in our Constitution The one is the Publick Liberty of the Nation the other is the renouncing of all Resistance in case that were invaded It is plain that our Liberty is only a thing that we enjoy at the King's Discretion and during his Pleasure if the other against all Resistance is to be understood according to the utmost extent of the Words Therefore since the chief Design of our whole Law and of all the several Rules of our Constitution is to secure and maintain our Liberty we ought to lay that down for a Conclusion that it is both the most plain and the most important of the two And therefore the other Article against Resistance ought to be so softned as that it do not destroy this 3. Since it is by a Law that Resistance is condemned we ought to understand it in such a sense as that it does not destroy all other Laws And therefore the intent of this Law must only
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-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
History likewise doth shew us how that all our Alliances with the house of Burgundy have still been glorious and useful and all those with France unfortunate and prejudicial 'T is ever more dangerous to go out of the beaten Road to travel through By-lanes unknown and dark untried Paths You 'l easily agree with me that the Union of the United Provinces with France is the thing of all others which we ought the most to apprehend as fatal to our Crown and therefore by consequence nothing can be more safe for England than to disunite them Heaven furnishes us now with an occasion of doing that which we shall never be able to recover again should it be neglected and if we do suffer it to slip away we shall bring that Republick into a necessity of tying this fatal Knot with France stronglier than ever it was fastned before This Union therefore above all others must be the Object of our Care as it hath of late demonstratively been the cause of our Misfortunes I conclude then upon solid Foundations without hesitating That in the first place we must necessarily take part in this War either with Spain or France and next that we must not engage blind-fold without taking right Measures with those who have the same Interest that England hath in the Case thirdly that we must knit our Party firmly together and get all the Advantages we can in this Treaty with Spain as well as all the Security possible with other States without yet exacting from Spain things which are intolerable unto them whom the loss of the Low Countries for fear of being reduced by the Exorbitancy of our Demands may plunge into a necessity of according to whatever France shall require This Discourse being ended I observed by their Countenances that the two Persons who spake first applauded this Opinion and that the third man was much shaken They had some farther speech together but so softly that I cannot well collect the sense of it after which all the Company embraced and gave one another their hand with a reciprocal promise of secrecy as well as an Union in the same Design And thus they separated each a several way with evidence of great satisfaction and friendship And as soon as ever they were gone I slipped back insensibly again into the former obscurity near the Bed without being seen by any of the Domesticks And thus whilst these particulars were fresh in memory I did set them down in Paper and all that I could remember of their Discouse only to satisfie my own Curiosity and the Curiousness of my Friends OF THE FUNDAMENTAL LAWS OR Politick Constitution OF THIS KINGDOM FUndamental Laws are not or at least need not be any written Agreement like Meer-stones between King and People the King himself being a part not party in those Laws and the Commonwealth not being like a Corporation treated by Charter but treating it self But the Fundamental Law or Laws is a settling of the Laws of Nature and Common Equity by common consent in such a form of Polity and Government as that they may be administred amongst us with honour and safety For the first of which therefore we are governed by a King and for the second by a Parliament to oversee and take order that that honourable trust that is put into the hands of the King for the Dignity of the Kingdom be rightly executed and not abused to the alteration of the Politick Constitution taken up and approved or to the destruction of that for whose preservation it was ordered and intended A principal part of which honour is that Royal Assent he is to give for the Enacting of such good Laws as the People shall choose for they are first to consult their own safety and welfare and then be who is to be intrusted with it is to give an honourable Confirmation to it and so to put an Impress of Majesty and Royal Authority upon it Fundamental Laws then are not things of Capitulation between King and People as if they were Foreigners and Strangers on to another nor ought they or any other Laws so to be for then the King should govern for himself not for his People but they are things of Constitution treating such a relation and giving such an Existence and being by an external Polity to King and Subjects as Head and Members which Constitution in the very being of it is a Law held forth with more evidence and written in the very heart of the Republick far firmlier then can be by Pen and Paper and in which sense we owe our Allegiance to the King as Head not only by power but influence and so part of the Constitution not as a party capitulating for a Prerogative against or contrary to it which whosoever seeks to set up or side with do break their Allegiance and rebel against the State going about to deprive the King of his juridical and lawful Authority conferred upon him by the Constitution of this State under the pretence of investing him with an illegal and unconstitutive Power whereupon may follow this grand Inconvenience The withdrawment of his Peoples Allegiance which as a Body connexed with the Head by the Constitution of this Kingdom is owing to him his Person in relation to the Body as the enlivening and quickâ—ing Head thereof being sacred and taken notice of by the Laws in that capacity and under that notion is made inviolate And if it be conceived that Fundamental Laws must needs be only extant in writing this is the next way to bring all to confusion for then by the same Rule the King bids the Parliament produce those Laws that fundamentally give them their being priviledge and power Which by the way is not like the Power of inferiour Courts that are Springs of the Parliament dealing between Party and Party but is answerable to their trust this Court being it self Fundamental and Paramount comprehending Law and Fquity and being intrusted by the whole for the whole is not therefore to be circumscribed by any other Laws which have their being from it not it from them but only by that Law which at first gave its being to wit Salus Populi By the same Rule I say the Parliament may also intreat the King to produce those Laws that Fundamentally give him his being power and honour Both which must therefore be determined not by Laws for they themselves are Laws yea the most supreme and fundamental Law giving Laws to Laws themselves but by the received Constitution or Polity which they themselves are and the end of their Constitution is the Law or Rule of their Power to wit An honourable and safe Regiment of the Common-wealth which Two whosoever goeth about to divide the one of them from the other breaks the fundamental constitutive Law or Laws and Polity of this Kingdom that Ordinance of Man which we are to submit unto nor can or ought any Statute or written Law whatsoever which is of latter Edition and
consult their own good but he comes only at the time of Enacting bringing his Royal Authority with him as it were to set the Seal thereof to the Indenture already prepared by the People for the King is Head of the Parliament in regard of his Authority not in regard of his Reason or Judgment as if it were to be opposed to the Reason or Judgment of both Houses which is the Reason both of King and Kingdom and therefore do they as consult so also interpret Laws without him supposing him to be a Person replenished with Honour and Royal Authority not skilled in Laws nor to receive Information either of Law or Councel in Parliamentary Affairs from any saving from that supreme Court and highest Councel of the King and Kingdom which admits no counterpoise being intrusted both as the wisest Counsel and justest Judicature Fourthly either the choise of the People in Parliament is to be the Ground and Rule of the Kings Assent or nothing but his Pleasure and so all Bills tho' never so necessary for publick Good and Preservation and after never so much pains and consultation of both Houses may be rejected and so they made meer Cyphers and we brought to that pass as neither to have no Laws or such only as come immediately from the King who oft is a man of Pleasure and little seen in publick Affairs to be able to judge and so the Kingdoms great Councel must be subordinated either to his meer Will and then what Difference between a free Monarchy and an absolute saving that the one rules without Councel and the other against it or at the best but to a Cabinet Councel consisting commonly of Men of private Interests but certainly of no publick Trust Ob. But if the King must consent to such Laws as the Parliament shall chuse eo nomine they may then propound unreasonable things to him as to consent to his own Deposing or to the lessening his own Revenue c. Ans So that the issue is whether it be fitter to trust the Wisdom and Integrity of our Parliament or the Will and Pleasure of the King in this case of so great and publick Concernment In a word the King being made the Fountain of Justice and Protection to his People by the fundamental Laws or Constitution of this Kingdom he is therefore to give life to such Acts and Things as tend thereunto which Acts depend not upon his Pleasure but though they are to receive their greater Vigour from him yet are they not to be suspended at pleasure by him for that which at first was intended by the Kingdom for an honourable way of Subsistence and Administration must not be wrested contrrry to the nature of this Polity which is a free and mist Monarchy and not absolute to its Destruction and Confusion so that in case the King in his Person should decline his Duty the King in his Courts is bound to perform it where his Authority properly resides for if he refuse that Honour which the Republick by its fundamental Constitution hath conferred upon him and will not put forth the Acts of it for the end it was given him viz. for the Justice and Safety of his People this hinders not but that they who have as fundamentally reserved a Power of being and well-being in their own hands by the Concurrence of Parliamentary Authority to the Royal Dignity may thereby provide for their own Subsistence wherein is acted the Kings juridical Authority though his personal pleasure be withheld for his legal and juridical Power is included and supposed in the very being and consequently in the Acts of Courts of Justice whose being he may as well suspend as their Power of Acting for that without this is but a Cypher and therefore neither their being nor their acting so depend upon him as not to be able to act and execute common Justice and Protection without him in case he deny to act with them and yet both so depend upon him as that he is bound both in Duty and Honour by the Constitution of this Polity to act in them and they for him so that according to that Axiom in Law The King can do no wrong because his juridical Power and Authority is always to controle his personal Miscarriages London's Flames Revivd OR AN ACCOUNT OF SEVERAL INFORMATIONS Exhibited to a Committee appointed by PARLIAMENT September the 25th 1666. To Enquire into the BURNING of LONDON WITH Several other Informations concerning other Fires in Southwark Fetter-Lane and elsewhere UPon the Second of September 1666. the Fire began in London at one Farriner 's House a Baker in Pudding-Lane between the Hours of One and Two in the Morning and continued burning until the Sixth of September following consuming as by the Surveyors appears in Print Three hundred seventy three Acres within the Walls of the City of London and Sixty three Acres and Three Roods without the Walls There remains Seventy five Acres and Three Roods yet standing within the Walls unburnt Eighty nine Parish Churches besides Chappels burnt Eleven Parishes within the Walls yet standing Houses burnt Thirteen thousand and two hundred Per Jonas Moore Ralph Gatrix Surveyors UPon the 18th Day of September 1666. the Parliament came together And upon the 25th of the same Month the House of Commons appointed a Committee to enquire into the Causes of the late Fire before whom the following Informations were given in and proved before the Committee as by their Report will more clearly appear bearing date the 22th of January 1666. and upon the 8th of February following the Parliament was Prorogued before they came to give their Judgment thereupon Die Martis 25 Septembris 1666. 18 Car. 2. Resolved c. THat a Committee be appointed to enquire into the Causes of the late Fire and that it be referred to Sir Charles Harbord Mr. Sandys Col. Birch Sir Robert Brook Sir Thomas Littleton Mr. Prin Mr. Jones Sir Solomon Swale Sir Thomas Tomlins Mr. Seymour Mr. Finch Lord Herbert Sir John Heath Mr. Milward Sir Richard Ford Mr. Robert Milward Sir William Lowther Sir Richard Vatley Sir Rowland Beckley Sir Thomas Allen Mr. Whorwood Mr. Coventry Serj. Maynard Sir John Talbot Mr. Morley Mr. Garraway Sir Francis Goodrick Col. Strangeways Sir Edward Massey Sir Edmond Walpool Sir Robert Atkins Sir Thomas Gower Mr. Trevor Sir Thomas Clifford Sir Henry Caesar Sir John Monson Sir John Charleton Lord Ancram Mr. Pepis Sir Richard Everard Mr. Crouch Mr. Merrel Sir William Hickman Sir Richard Brown Mr. Maynard And they are to meet to Morrow at Two of the Clock in the After-noon in the Speaker's Chamber and to send for Persons Papers and Records William Goldsbrough Cler. Dom. Com. October 9. 1666. Ordered that these Members following be added to the Committee appointed to Enquire into the Causes of the late Fire viz. Sir John Pelham Mr. Hugh Buscowen Mr. Giles Hungerford Sir William Lewis Sir Gilbert Gerrard Sir John Brampstone Mr. Milward Mr. Buscowen
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-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
or two Months and then they assure the Court since they can get no good by them they shall take no harm and therefore to stop them from some worthy Undertaking they by their feigned Zeal against Court Corruptions put them upon Impeaching some Treasurer Councellor or Minister of State and having spent half our time about this the rest is spent for the Clergy upon Church-Work which we have been so often put upon and tired with these many Sessions Though Partiality unbecomes a Parliament who ought to lay the whole Body that we represent alike easie Nonconformists as well as Conformists for we were chosen by both and with that Intention that we should oppress neither To lay one part therefore of the Body on a Pillow and the other on a Rack sorts our Wisdom little but our Justice worse You now see all our Shapes save only the Indigents concerning whom I need say but little for their Votes are publickly saleable for a Guinea and a Dinner every Day in the Week unless the House be upon Money or a Minister of State For that is their Harvest and then they make their Earnings suit the Work they are about which inclines them most constantly as sure Cliants to the Court. For what with gaining the one and saving the other they now and then adventure a Vote on the Country side but the dread of Dissolution makes them strait tack about The only thing we are obliged to them for is that they do nothin Gratis but make every Tax as well Chargeable to the Court as burthensom to the Countrey and save no Mans Neck but they break his Purse And yet when all is said did but the Countrey Gentry rightly understand the Interest of Liberty Let the Courtiers and Indigents do what they could they might yet at last deserve the Name of a worthy English Parliament which that we may do is not more passionately your Desire then it also is of SIR Your most Humble Servant T. E. A SPEECH MADE BY Sir William Scrogg ONE OF HIS Majesties Sergeants at Law To the Right Honourable the Lord High Chancellor Of ENGLAND AT HIS Admission to the Place of One of His Majesties Justices of the Court of Common-Pleas My Lord THAT the King's Favour is the Effect of the Duty I have paid him which your Lordship is pleas'd to call Service is the most welcome and pleasing part of his Kindness and I trust we shall still see such Times that no Man shall hope to have it or keep it on any other Account The right Application of Rewards and Punishments is the steady Justice of a Nation where though the Rewards of Kings exceed what a Subject can merit they should never reach him that demerits To return Good for Evil may be an Obligation of Charity It is never of Bounty And the taking off as they call it of an Ambitious and therefore a Factious Man by Favours is the worst way to stop or open his Mouth for he will whisper one way louder then he will speak the other And when you think you gain one Enemy you make many On such an Occasion as this I think it very proper to give your Lordship some Account what Considerations I have had in order to the Discharge of my Duty in this Place since the King 's first Intimations of his Pleasure And that respects Matters either as they stand betwixt the King and his People or betwixt Man and Man As for the First I know that the Law gives such Prerogatives to the King that to endeavour more were to desire worse and it gives to the People such Liberties that more would be Licentious What then hath a Man to do that hath Courage enough to be Honest but to Apply his Understanding to the Ministration of those Laws justly to both wherein I may say that the Cases will be rare that will be difficult in themselves They may be made so from sinister Causes when Men thinking to serve a Turn or like Pilate to please the People deliver up that which is Right to be Crucified Then they are fain to rack their Fancies to make good their Faults This makes such nice Distinctions and such strained Constructions till they leave nothing plain in the World Whereas in truth the Duty we owe to the King and his People is like the Duty we owe to God not hard to understand whatever it is to Practise This Court My Lord 't is true is properly a Court of Meum and Tuum where Prerogative and Liberty are seldom Plaintiffs or Defendants but yet 't is certain that even in private Causes Matter of Government many times intervenes and the Publick is concern'd by Consequence And therefore I think it fair and like English Honesty and Plainness something to unveil one's self in that particular that Men may know before-hand what they may expect And herein I do declare I would no more wrong or lessen the People's Liberties then I would sacrifice up my Son But then I will no more derogate from the King's Prerogative then I would betray my Father My Lord In time when Faction is so bold as to be bare-fac'd and false and seditious News is openly talk'd and greedily embrac'd when the King 's reasonable Demands are disputed and turned into Cavils and those that oppose 'em talk confidently and those that should maintain 'em speak fearfully and tenderly when the Reverence we owe to the King is paid to the People the Government is beset the King is in Danger and there is nothing wanting but Opportunity But when to prevent that Opportunity Men are afraid and hold it dangerous to avoid the Danger when we dare not call a Crime by its right name and for some find none and a Mischief must be effected before we will think it one When dangerous Attempts are minc'd and by some trivial difference Treason is distinguish'd into a Trespass when Men are forward and ventrous enough in what thwarts the Government but in supporting it seem grave and cautious nice and timorous and so fill'd with Prudentials till they are as wise as fear can make 'em The Law is enervated and becomes useless to its greatest end which is the Preservation of the whole 'T is true in Publick Causes the same Integrity is necessary as in Private But that is but part of a Judge's Duty He must be Magnanimous as well as Virtuous And I acknowledge it to be a main and principal part of my Duty as it relates to the King and his People with hearty Resolution to suppress all open Force and private Confederacies not thinking any thing little that attempts the Publick Safety for when the Motives are small the Danger is greater when Discontents exceed their Causes And for the Discharge of my Duty betwixt Party and Party it is impossible to be performed without these two Cardinal Virtues Temper and Cleanness of Hands Temper comprehends Patience Humility and Candor It seems to me that Saying Be quick
any one time with above the Number of ten Persons upon the Pain of incurring a Penalty not exceeding the Sum of 100 l. in Money and Three Months Imprisonment without Bail or Mainprize for every Offence which Offence to be prosecuted at the Court of Kings-bench or at the Assizes or general Quarter-Sessions within six Months after the Offence committed and proved by two or more credible Witnesses Here you observe the Parliament who set themselves directly to obviate all the Inconveniences which might arise to the Government from tumultuous petitioning will not allow that great Numbers should joyn in Petitions for alteration of the Laws because it is possible ill Men should abuse such Liberty unless the matter of the Petition be conâ—â—â—ted to in such a manner as the Act directs but in all other Cases they leave the Subjects to their undoubted Liberty as well knowing that from thence there could arise no possible Inconvenience but on the contrary that to bar the People of that humble way of making their Wants known might force them upon worse ways of doing it And therefore I must tell you that you do my Lord Chancellor great Injustice if you think his Speech tends to deter Men from all manner of petitioning No that wise and eloquent Lord who receives every day so many Petitions will I suppose be content the King should receive some too It never yet was thought * It is the Right of all People that apprehend themselves aggrieved to approach his Majesty by Petition Mr. Finch's Argument in the Trial of the Seven Bishops f. 105. The Subjects have a Right to Petition the King in all their Grievances so say all our Books of Law and so says the Statute 13 Car. 2. Sergeant Levinz in the same Trial fol. 121. It was one Article against the Earl of Strafford That he Issued out a Proclamation and Warrant of Restraint to inhibit the Kings Subjects to come to the Fountain their Sovereign to deliver their Complaints of their Wrongs and Oppressions Rushw in his Trial 721. seditious or tumultuous in any Government for the Subjects in an humble manner to beg That he who has the only Power to do it would redress their Grievances 'T is the way by which we apply our selves to the King of Heaven who knows all our Wants and yet expects from us that we should daily express them to him in humble Petitions And the Wisdom of the Church which has appointed Liturgies and Forms of Common-Prayer seems to instruct us that God is pleased when huge Numbers joyn in the same Petition Why should not then suppliant Subjects with like Humility and in like manner address themselves to the God on Earth Especially since Kings cannot know our Desires or our Grievances till we our selves inform them what they are I remember some wicked Councellors of Darius did once obtain a Law to be made that none should Petition any one but the King for thirty Days but there never yet was found so absurd a States-man as to advise a Law that Subjects should not supplicate their Prince 'T is probable it would be well for some Favourites who are near a King if such a Right could be taken from the People for then all their false Suggestions and Informations might pass undiscovered but 't is impossible that a King should long be safe in such a Condition I will suppose a malicious States-man intending to raise a Jealousie in the Mind of the Sovereign should inform him in dangerous times that he was not beloved by his People and that he was not to trust them How could the Subjects in such a Case recover the Prince's good Opinion in the Absence of a Legal Representative but by humble and affectionate Addresses Or suppose some good Protestant Prince should be so unfortunate as to have some Councellors near him who are conceal'd and others whose Crimes make them fear Parliaments it is easie to suppose that the one sort will be filling his Ears with Stories that a great part of his Kingdom are inclined to Popery and the other sort that the best of his Subjects are quite out of Love with Parliaments as factious and seditious Assemblies Into what unfortunate Circumstances would such a Prince be apt to fall if his People were percluded from Addressing themselves and opening their Desires to him I might go on to trouble you with infinite Instances of this Nature but there is no want of any in so plain a case 'T is the Doctrine of our Church that the only Arms of Subjects are Prayers Petitions Supplications and Tears and they are no Friends either to the King or Church Hâ—b 220. Wrenhams Case Vet. Magn. Chart. Exil Hugi. De Spencer 51. who would disarm us of these My Lord Chief Justice Hobbart tell us That it is lawful for any Subject to petition to the King for Redress in an humble and modest manner for says he Access to the Sovereign must not be shut up in case of the Subjects Distresses It was one of the Crimes for which the Spencers were banished by Parliament that they hindred the King from receiving and answering Petitions from great Men and others And as it is our unquestionable Right Be the Right of the Subject never so clear manifest and acknowledged by all yet if his own be detained from him by the King he hath no other Writ or Account to recover but a mere Petition Supplicare Celsitudini c. A Learned Judge's Argument about Impositions Printed 1641. p. 26. so in all Ages the Usage has been by Petition to inform our King of our Grievances In the Reign of King Ed. 2. and Ed. 3. Petitions were frequent for Redress of publick Grievances and for Parliaments especially out of Ireland though that is a conquer'd Nation as may be seen in the close Rolls of the Reigns of those two Kings One Instance I will give you for your Satisfaction but I will tire you with no more for that would be endless 'T is Claus 10. Ed. 2. M. 28. Claus 10. E. 2. M. 28. intus Pro communitate Hiberniae Intus pro Communitate Hiberniae Rex Dilect fideliter suis Justa Cancellar Thesaur suis Hib. salutem ex parte populi nostri terrae praedict per Petitionem suam coram nobis Concilio nostro exhibitum nobis est cum instantia supplicare quod cum c. In the 5th year of King Richard the II. the whole Body of the Realm petition'd Cookes Jurisdiction of Courts p. 79. Burarts History of the Reformation Pag. 231. Procl Dat. 7. Feb. 11. Jac. that the most wise and able men within the Realm might be chosen Chancellors King Henry the 8. told his Subjects then in Arms against him in York-shire that they ought not to have rebell'd but to have applied themselves to him by Petition King James by a Proclamation publisht in the 12th year of his Reign begins thus The Complaints lately exhibited to us
Nature and consequently the Ordinance of God but that the different forms of Government whether to reside in One Few or Many or whether it shall be continued by Succession or by Election together with the different measures and limitations of Power and Authority in Governours of the same kind in several Countries all these things I say are ordained by and purely depend upon positive and humane Laws From whence it will necessarily follow That the same human Authority residing in King Lords and Commons here in England which gave Being to those Laws for the good of the Community is Superintendent over them and both may and ought to make any Addition to or Alteration of them when the publick Good and Welfare of the Nation shall require it unless you will admit That an Human Authority establishing any thing intentionally for the common good of the Society which in tract of time by reason of unforeseen circumstances and emergencies proves destructive of it has by that Act concluded it self and made that accidental Evil moral and unchangeable which to affirm is sensless and repugnant And now Sir I hope by this time said the old Gentleman you begin to think that the Bill for disabling the Duke was not so unjust and unreasonable as was pretended and that the course of Succession being founded upon the same bottom with other Civil Constitutions might likewise as justly have been altered by the King Lords and Commons as any other Law or Custom whatever And here I might conclude but because a late Pensionary Pen has publickly arraign'd the Wisdom Loyalty and Justice of the Honourable House of Commons on the account of this Bill I will ex abundanti add a word or two more to that particular Whereupon he pluck'd a Paper out of his Pocket entituled Great and weighty Considerations relating to the Duke and Successor of the Crown c. Which as soon as he had read unto us You see here said he the true Temper of those men of whom I first gave you caution There never was an Endeavour though in a Legal and Parliamentary way after any Reformation either in Church or State but the Promoters of it were sure to be branded by them with the odious imputations of Fanaticism and Faction Nay if the Country-Electors of Parliament-men will not pitch upon such Rake-hells of the Nation as are usually proposed by them but on the contrary make use of their Freedom and Consciences in chusing able upright and deserving persons and if good men thus chosen do but according to their Duty in the House enquire into publick Grievances pursue in a legal course notorious Offenders and consult and advise the Security of the Government and Protestant Religion the high Church-man immediately swells and in a passion tells you That all this proceeds from the old Phanatick Leven not yet worn out amongst the People That we are going back again to Forty One and acting over afresh the Sins of our Forefathers Thus ignorantly do they complement the Times and Persons they endeavour to expose by appropriating to them such Virtues as were common to good men in all Ages But enough of this In the next place pray observe how hypocritically the Considerer puts this Question viz. Whether Protestant Religion was not settled in this Nation by the same mighty hand of God that establish'd Jeroboam in the Kingdom of Israel And then adds Whether we like that wicked King should so far despair of God's Providence in preserving the work of his own Hands as never to think it safe unless it be establish'd on the Quick-sands of our own wicked Inventions viz. the Bill against the Duke And throughout his whole Discourse he frequently calls all Care of preserving our Religion a Mistrust of God's Providence and on that score calls out to the Nation O ye of little Faith c. Now I will allow him That the least Evil is not to be done that the greatest and most important Good may ensue But that the Bill for disabling the Duke is highly justifiable both by the Laws of God and Constitution of our Government I think by my former Discourse I have left no room to doubt And the Considerer having scarce attempted to prove the contrary it 's preposterously done of him to give us his Use of Reproof before he has clear'd his Doctrine However I owe him many thanks for putting me in mind how Protestant Religion was first establish'd here in England it was indeed by the mighty Hand of God influencing the publick Councils of the Nation so that all imaginable care was taken both by Prince and People to rescue themselves from under the Romish Yoke and accordingly most excellent Laws were made against the usurpation and tyranny of that Man of Sin Our noble Ancestors in those days did not palliate a want of Zeal for their Religion with a lazy pretence of trusting in God's Providence but together with their Prayers to and Affiance in Heaven they joyned the Acts of their own Duty without which they very well knew they had no reason to expect a Blessing from it But now be pleased to take notice of the Candor of this worthy Considerer nothing less will serve his turn than the proving all the Voters for the Bill guilty of the highest Perjury For says he they have all sworn in the Oath of Allegiance to bear Faith and true Allegiance to His Majesty his Heirs and Successors but the Duke is Heir ergo c. A very hopeful Argument indeed But what if it should happen as it is neither impossible nor very improbable to imagin it that the next Heir to the Crown should commit Treason and conspire the Death of the present Possessor and for this Treason should not only be attainded by Parliament but executed too Pray Mr. Considerer would the Parliament in this case be guilty of Murder and Perjury I am confident you will not say it If therefore the next Heir become obnoxious to the Government in a lower degree why may not the same Authority proportion the Punishment and leave him his Life but debar him of the Succession This I say only to shew the absurdity of his Argument My Answer is this No man can bear Allegiance to two persons at the same time nor can Allegiance be ever due to a Subject and therefore my Obligation by the word Heir in the Oath does not commence till such Heir has a present Right to or actual Possession of the Crown which if he never attains either by reason of Death or any other Act that incapacitates and bars him then can my Obligation to him by the word Heir in the Oath never have a beginning But besides all this it cannot be denied but Mr. Considerer's Doctrine does bring great Inconveniences on Succession for the next Heir by his way of arguing is let loose from all the Restrictions and Penalties of Humane Laws and has no other tyes upon him not to snatch the Crown
and others who offered to obey because it is the defaming the Law as ridiculous and inconsistent with that Protestant Religion and Leasing-making betwixt the King the Nobility and the people the misconstruing and misrepresenting as hath been formerly urged that puts the Earl in a worse condition And all those arguments might be as well urged for any who had uncontrovertedly contravened these Acts as for the Pannel Whereas it is pretended That the King emitted a Proclamation to satisfie Dissenters it is answered That the Proclamation was designed for none who had been Members of Parliament and so should have known the sense but it was designed for meer ignorants not for such as had defamed the Law which is still here charged upon the Pannel As to the Article of Treason it is conceived That it is unanswerably founded upon the Common Law discharging all men to make alteration of the Government as to which there needs no express Statute that being the very essence of Government and needing no Laws Like as it falls positively under all the Laws that discharge the assuming the Royal or Legislative power for to alter the Government is inseparably united to the Crown Like as the Subsumption is as clear the express words not bearing That the Earl reserves to himself a power to propose to His Majesty any alterations or to concur to serve His Majesty in making alterations but owning in most general and arbitrary terms to wish and endeavour any alteration he should think fit for the advantage of Church or State and not determining any thing that could bind him otherwise than according to his own pleasure for the word lawful is still subjected to himself and has subjoyned to it as he should think fit which governs the whole proposition and in that sense and as the words are here set down the greatest Rebel in Scotland will subscribe that Explanation for there is no man but will restrict himself to a lawful obedience provided he be Judge of the lawfulness And seeing all Oaths proposed for the security of Government require a certain depending upon the Legislator and not upon the Taker it is impossible that that end could be attained by any qualification how special soever which is made to depend absolutely upon the Taker and not upon the Legislator And we have often seen how little security there is in those specious words the very Covenant it self having not only the very words above-repeated but attesting all the world to be witnesses to their Loyalty and Sincerity And as to the former instances viz. Rising in Arms or opposing the lawful Successor there is no Covenanter in Scotland but will say he will do neither but in a lawful way and in his station and in a way consistent with his Loyalty for a man were mad to say otherwise but yet when they come to explain this they will only do it as they think fit and will be Judges themselves and then will tell us That defensive Arms are lawful and that no Popish Successor should succeed nor no Successor unless he subscribe the Covenant And whereas it is pretended That no clause in the Test does exclude a man from making alterations it is answered That the alterations which the Test allows are none at all but in subordination to Authority And as to the two points above mentioned it excludes all alterations as to these points And as to the making fundamental alterations this reservation allows to make any alteration and consequently fundamental alterations to preclude which Libertinism this excellent Law was invented Whereas it is pretended That the Pannel designs not to add any thing as a part of the Law but as a part of his Oath it is duplied Since the Oath is a part of the Law whoever adds to the Oath adds to the Law Whereas it is pretended That the Crime of Perjury cannot be inferred here because all Divines allow That the Taker of an Oath is still allowed to declare in what sense he takes the Oath and that this is clear from Sanderson p. 175. It is triplied That where there are two dubious senses Lawyers and Divines allow That the taker should clear himself which of the two he should take which is very just because to which soever of the two he determines himself the Legislator in that case is sure of him But here it is not pretended That there are two senses nor does the Pannel declare in which of the two he takes it or in what clear sence at all he takes it which is indeed liquido Jurare But here the Pannel neither condescends what particular clause of the Test is unclear nor after he has condescended upon the Articles does he condescend upon the sense but in general mysterious words where he can neither be followed or found out he only takes it in so far as it is consistent with it self and the Protestant Religion reserving the squaring all by his own Loyalty as he did in the beginning declare That he took it in his own sense by which general sense neither is the Government secure of any thing it does enjoyn nor could he be punished if he transgressed Nor can it be doubted but Perjury may be inferred by any equivocal or evading sense inter Jurandum as well as by breaking an oath afterwards which is very clear from Sanderson p. 138. The words whereof are alterum perjurii genus est inter Jurandum detorquere verba and which is farther clear by the 28. page but above all from the principles of Reason and the necessity of Commerce and Government For if men may adhibit such glosses even whilst they swear as may make the Oath useless what way will either Government or Commerce be maintained And he deceives as much that deceives in swearing salvis verbis as he who after he has sworn does break the Oath Nay and more too because the breaking may come from forgetfulness or other accidents but the evading by general Clauses which bind no man does from the first instance originally make all Oaths useless and dangerous and that this interpretation eludes the Oath absolutely is very clear from what hath been formerly debated For it may be argued That the Earl broke the Oath in so far as the first day he swears the Oath which bears to be without any evasion and must be so notwithstanding of whatever he could say And the next day he gives in this evasion which is a down-right violation of that Oath and inconsistent with it Nor was this Oath forced but voluntarily emitted to keep his own places And it was the greater Crime that it was done in the Council because that was to make it the more publick and consequently the more to misrepresent the Government After this debate which according to the custom of the Court was verbatim dictate by the Advocates of either side and written by the Clerk and so took up much time and the Court having sate at least twelve
than the fore-mentioned of Religion Law and Reason which the Earl did of himself profer As for what His Majesty's Advocate adds That under such professions and reserves the late Rebellions and disorders have all been câ—rried on and fomented It is but a meer vapour for no Rebellion ever was or can be without a breach of one or other of the Earl's qualifications which doth sufficiently vindicate that part of the Earl's Explanation The Advocate insists much that Any is equivalent to All and that All comprehends Every particular under it which he would have to be the deadly Poyson in the Earl's words And yet the Earl may defy him and all his detracters to find out a Case of the least undutifulness much less of Rebellion that a Man can be guilty of while he keeps within the excellent Rules and Limitations wherewith his words are cautioned I could tell you further that so imaginary or rather extravagant and ridiculous is this pretended Treason that there is not a person in Scotland either of those who have refused or who by the Act are not called to take the Test that may not upon the same ground and words be impeach't viz. That they are not bound and so without doubt both may and do say it by the Test in their station c. to wish and endeavour any alteration c. Nay I desire the Advocate to produce the Man among those that have taken the Test that will affirm that by taking it he hath bound up himself never to wish or endeavour any alteration c. according to the Earl's qualifications and I shall name Hundreds to whom his Highness as you have heard may be added that will say they are not bound up So that by this conclusion if it were yielded all Scotland are equally guilty of Treason the Advocate himself to say nothing of His Royal Highness not excepted Or if he still think he is I wish he would testify under his hand to the World that by his Oath he is bound up never to wish nor endeavour any alteration he thinks to the advantage of Church or State in a lawful way nor in his station though neither repugnant to the Protestant Religion nor his Loyalty And if this he do he does as a Man if not of Sense at least of Honour but if not I leave a blank for his Epithets But that you may see that this whole affair is a deep Mystery pray notice what is objected against the last part of the Explanation This I understand as a part of my Oath Which says the Advocate is a Treasonable invasion upon the Royal Legislative power as if the Earl could make to himself an Act of Parliament since he who can make any part of an Act may make the whole And then say I farewell all Takers of the Test with an Explanation whether the Orthodox Clergy or Earl Queensberry tho himself Justice General who were allowed by the Council so to do seeing that whether they hold their Explanation for a part of their Oath or not yet others may and in effect all men of sense do understand it so And thus in the Advocate 's Opinion they have Treasonably invaded the Legislative Power and made an Act of Parliament to themselves Neither in that Case can the Councils allowance excuse them seeing not only the Earl had it as well as they but even the Council it self cannot make an Act of Parliament either for themselves or others But Sir I protest I am both ashamed and wearied of this trifling and therefore to shut up this Head I shall only give a few remarks First you may see by the Acts of Parliament upon which the Advocate founds his Indictment That as to Leasing-making and depraving Laws all of them run in these plain and sensible terms The inventing of Narrations the making and telling of Lies the â—ttering of wicked and untrue Calumnies to the slander of King and Government the depraving of his Laws and misconstruing his Proceedings to the engendering of discord moving and raising of batred and dislike betwixt the King and his People And as to Treason in these yet more positive terms That none impugn the dignity and authority of the Three Estates or seek or procure the innovation or diminution thereof Which are things so palpable and easily discerned and withal so infinitely remote both from the Earl's words and intentions or any tollerable construction can be put on either that I confess I never read this Indictment but I was made to wonder that its forger and maker was not in looking on it deterred by the just apprehensions he might have not only to be sometime accused as a manifest depraver of all Law but to be for ever accounted a gross and most disingenuous perverter of common sense The Earl's words are sober respectful and dutifully spoken for the exoneration of his own Conscience without the least insinuation of either reflection or slander much less the impugning of the Authority of Parliament as the Earl may appeal not only to His Majesty's true and Royal sense but to the most scrupulous and nice affecters of the exactest discerning besides that they were first formally tendered in Council for their approbation and by them directly allowed How then can any Man think that they could be charged with the greatest and vilest of crimes Leasing-making Depraving Perjury and Treason But the Advocate tells us That there are some things which the Law commonly forbids in general and that some inferences are as natural and strong and reproach as soon or sooner than the plainest defamations But what of all this Must therefore such generals be left to the phantastick application of every wild imagination to the confounding of the use of Speech and subverting of humane Society and not rather be still submitted to the judgment of common sense for their true and right understanding and the deducing thence these strong and natural inferences talk'd of Of which good sense if the Advocate do but allow a grain weight it is evident that the inferences he here Libels against the Earl must infallibly be cast and by all rational unbiassed men be found strange unnatural and monstrous For Sir Secondly pray observe these rational and sound Maxims he founds his Inferences on and they are manifestly these First That he who says he will only obey as far as be can invents a new way whereby no man is at all bound to obey 2dly That he who in the midst of Hundreds of exceptions and contradictions objected against an Oath injoyned by Act of Parliament and still unanswered says That he is confident the Parliament never intended to impose contradictory Oaths reproaches the Parliament 3dly That he that says he must explain an ambiguous Oath for himself before he take it renders all Laws and Oaths useless and makes himself the Legislator 4thly That he that says that he takes this Oath as far as it is consistent with it self and the Protestant
Praerogativas Ejusdem Et quod non intendo per hujusmodi juramentum vel juramenta quovis modo me obligare qui minus libere loqui consulere aut consentire valeam in omnibus singulis Reformationem Religionis Christianae Gubernationem Ecclesiae Anglicanae Praerogativam Coronae ejusdem Reipublicae vel commoditatem earundem quoquo modo concernentibus ea ubique exequi reformare quae mihi in Ecclesia Anglicana reformanda videbuntur Et secundum hanc interpretationem intellectum hunc non aliter nequa alia modo dictum juramentum me praestiturum protestor profiteor That is to say In the name of God Amen Before you c. It neither is nor shall be my will or meaning by this kind of Oath or Oaths and however the words of themselves shall seem to sound or signify to bind up my self by vertue hereof to say do or endeavour any thing which shall really be or appear to be against the Law of God or against our most Illustrious King of England or against his Laws and Prerogatives And that I mean not by this my Oath or Oaths any ways to bind up my self from speaking consulting and consenting freely in all and every thing in any sort concerning the Reformation of the Christian Religion the Government of the Church of England and the Prerogative of the Crown of the Commonwealth thereof or their advantage and from executing and reforming such things as I shall think need to be reformed in the Church of England And according to this Explanation and sense and not otherwise nor in any other manner do I protest and profess that I am to take and perform this Oath Nor did that excellent Person says Mr. Fuller smother this privately in a corner but publickly interposed it three several times once in the Charter-house before authentick Witnesses again upon his bended knees before the high Altar in view and hearing of many People and Bishops beholding him when he was consecrated and the third time when he received the Pall in the same place Now would it not be very strange if the like liberty should not be allowed to the Earl under His Majesty in reference to the Test which Henry the VIIIth a Prince that stood as much on his Prerogative as ever any did vouchsafe to this Thomas Cranmer who as another Historian observes acted fairly and above-board But there wanted then the high and excellent Designs of the great Ministers the rare fidelity of Councellors sound Religion and tender piety of Bishops solid Law and Learning of Advocates incorruptible Integrity of Judges and upright honesty of Assizers that now we have to get Archbishop Cranmer accused and condemned for Leasing-making depraving Laws Perjury and Treason to which Accusation his Explanation was certainly no less obnoxious than the Earl's But I hasten to the fourth and last Head of the Earl's Additional Defences viz. The removing certain groundless Pretences alledged by the Advocate for aggravating the Earl's Offence As 1. That the Earl being a Peer and Member of Parliament should have known the sense of the Parliament and that neither the Scruples of the Clergy nor the Council's Proclamation designed for meer Ignorants could any way excuse the Earl for offering such an Explanation But first the Advocate might have remembred that in another Passage he taxes the Earl as having debated in Parliament against the Test whereby it is easie to gather that the Earl having been in the matter of the Test a dissenter this quality doth rather justify than aggravate the Earl's Scrupling 2dly If the Proclamation was designed for the meer Ignorants of the Clergy as the Advocate calls them who knew nothing of what had past in Parliament an Explanation was far more necessary for the Earl who knows so little of what the Advocate alledges to have past in Parliament viz. That the Confession of Faith was not to be sworn to as a part of the Test that of necessity as I think he must know the contrary Inasmuch as first this is obvious from the express tenor of the Test which binds to own and profess the true Protestant Religion contained in the Confession of Faith and to believe the same to be agreeable to the Word of God as also to adhere thereto and never to consent to any change contrary to or inconsistent with the said Protestant Religion and Confession of Faith Which to common sense appears as plain and evident as can be contrived or desired But 2dly It is very well known that it was expresly endeavoured and carried in Parliament that the Confession of Faith should be a part of the Test and Oath For the Confession of Faith being designed to be sworn to by an Act for securing the Protestant Religion which you have heard was prepared in the Articles but afterwards thrown out when this Act for the Test was brought into the Parliament some days after by the Bishop of Edinburgh and others the Confession was designedly left out of it But it being again debated that the bare naming of the Protestant Religion without condescending on a Standard for it was not sufficient the Confession of Faith was of new added And after the affirmative Clause for owning it and adhering to it was insert upon a new motion the negative never to consent to any alteration contrary to or inconsistent with the said Protestant Religion and Confession of Faith was also subjoined But not without a new debate and opposition made against the words And Confession of Faith by the Bishop of Edinburgh until at length he also yielded All which it is hoped was done for some purpose And if at that time any had doubted of the thing he had certainly been judged most ridiculous For it was by that addition concluded by all That the Confession was to be sworn And further it appears plainly by the Bishop of Edinburgh his Vindication that when he wrote it he believed the Confession was to be sworn to for he takes pains to justify it though calumniously enough alledging That it was hastily compiled in the short space of four days by some Barons and Ministers in the infancy of our Reformation Where by the by you see that he makes no reckoning of what the Act of Parliament to which the Test refers expresly bears viz. That that second Ratification 1567. which we only have recorded was no less then seven years after this Confession was first exhibited and approven Anno 1560. But moreover he tells us That the Doctors of Aberdeen who refused the Covenant were yet willing not only to subscribe but to swear this Confession of Faith Which again to answer the Bishops Critick of Four days was more than 70. years after it was universally received It 's true that when the Bishop finds himself straitned how to answer Objections he is forced to make use of the new Gloss I shall not call it of Orleans whereby the Protestant Religion is made to be
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
the Lives of all that are brought into Judgment do ultimately depend from their Verdict there lies no Appeal by finding Guilty or not Guilty they do complicately resolve both Law and Fact As it hath been the Law so it hath always been the Custom and Practice of these Juries upon all general Issues pleaded in Cases Civil as well as Criminal to judge both of the Law and Fact See the Reports of the Ld Chief Justice Vaughan p. 150 151. So it is said in the Report of the Lord Chief Justice Vaughan in Bushel's Case That these Juries determine the Law in all matters where Issue is joined and tried in the Principal Case whether the Issue be about Trespass or a Debt or Disseizin in Assizes or a Tort or any such like unless they should please to give a special Verdict with an implicite faith in the Judgment of the Court to which none can oblige them against ther wills These last 12 must be Men of equal condition with the Party indicted and are called his Peers therefore if it be a Peer of the Realm they must be all such when indicted at the Suit of the King and in the Case of Commoners every man of the 12 must agree to the Verdict freely without compulsion fear or menace else it is no Verdict Whether the Case of a Peer be harder I will not determine Our Ancestors were careful that all men of the like condition and quality presumed to be sensible of each other's infirmity should mutually be Judges each of others lives and alternately taste of Subjection and Rule every man being equally liable to be accused or indicted or perhaps to be suddenly judged by the Party of whom he is at present Judge if he be found innocent Whether it be Lord or Commoner that is indicted the Law intends as near as may be that his Equals that judge him should be his Companions known to him and he to them or at least his Neighbours or Dwellers near about the place where the Crime is supposed to have been committed to whom something of the Fact must probably be known and though the Lords are not appointed to be of the Neighbourhood to the indicted Lord yet the Law supposes them to be Companions and personally well known each unto other being presumed to be a small number as they have anciently been and to have met yearly or oftner in Parliament as by Law they ought besides their other meetings as the hereditary Councellors of the Kings of England If time hath altered the case of the Lords as to the number indifferency and impartiality of the Peers it hath been and may be worthy of the Parliament's consideration and the greater duty is incumbent upon Grand Juries to examine with the utmost diligence the Evidence against Peers before they find a Bill of Indictment against any of them if in truth it may put their Lives in greater danger It is not designed at this time to undertake a Discourse of Petit-Juries but to consider the Nature and Power of Grand Inquests and to shew how much the Reputation the Fortunes and the Lives of English-men depend upon the Conscientious performance of their Duty It was absolutely necessary for the support of the Government and the safety of every Man's Life and Interest that some should be trusted to inquire after all such as by Treasons Felonies or lesser Crimes disturbed the peace that they might be prosecuted and brought to condign punishment and it was no less needful for every man's quiet and safety that the trust of such Inquisitions should be put into the hands of Persons of understanding and integrity indifferent and impartial that might suffer no man to be falsely accused or defamed nor the Lives of any to be put in jeopardy by the malicious Conspiracies of greator small or the Perjuries of any profligate Wretches For these necessary honest Ends was the institution of Grand Juries Our Ancestors thought it not best to trust this great concern of their Lives and Interests in the hands of any Officer of the King 's or in any Judges named by him nor in any certain number of men during life lest they should be awed or influenced by great men corrupted by Bribes Flatteries or love of Power or become negligent or partial to Friends and Relations or pursue their own Quarrels or private Revenges or connive at the Conspiracies of others and indict thereupon But this trust of enquiring out and indicting all the Criminals in a County is placed in men of the same County more at least than Twelve of the most honest and most sufficient for knowledge and ability of Mind and Estate to be from time to time at the Sessions and Assizes and all other Commissions of Oyer and Terminer named and returned by the chief Sworn Officer of the County the Sheriff who was also by express Law anciently chosen annually by the People of every County and trusted with the Execution of all Writs and Processes of the Law and with the Power of the County to suppress all Violences unlawful Routs Riots and Rebellions Yet our Laws left not the Election of these Grand Inquests absolutely to the Will of the Sheriffs but have described in general their Qualifications who shall enquire and indict either Lord or Commoner They ought by the old common-Common-law to be Lawful liedge-Liedge-people of ripe Age not over aged or infirm and of good Fame amongst their Neighbours free from all reasonable suspicion of any design for himself or others upon the Estates or Lives of any suspected Criminals or quarrel or controversie with any of them They ought to be indifferent and impartial even before they are admitted to be sworn and of sufficient understanding and Estate for so great a Trust The ancient Law-book called Briton of great Authority says See Brit. p. 9 and 10. The Sheriffs Bailiffs ought to be sworn to return such as know best how to enquire and discover all breaches of the Peace and lest any should intrude themselves or be obtruded by others they ought to be returned by the Sheriff without the denomination of any except the Sheriff's Officers And agreeable hereunto was the Statute of 11 H. 4. in these words Item Because of late See 11 Hen. 4. Inquests were taken at Westminster of persons named to the Justices without due Return of the Sheriff of which persons some were outlawed c. and some fled to fanctuary for Treason and Felony c. by whom as well many Offenders were indicted as other lawful Liege-people of the King not guilty by Conspiracy Abetment and false imagination of others c. against the force of the common-Common-Law c. It is therefore granted for the Ease and Quietness of the People that the same Indictment with all its Dependences be void and holden for none for ever and that from henceforth no Indictment be made by any such persons but by Inquest of the King's liedge-Liedge-people in the manner as
of the Commons by False Accusers which oft-times have made the Accusations more for Revenge and singular Benefit than for the profit of the King or of his People which accused Persons some have been taken and sometimes caused to come before the King's Council by Writ and otherwise upon grievous pain against the Law It is assented and accorded for the good Government of the Commons That no man be put to answer without presentment before Justices or matter of Record c. according to the old Law of the Land and if any thing be done to the contrary it shall be void in Law c. And saith the Statute of the 25 of E. 3.4 None shall be taken by Petition or Suggestion made to the King or his Council unless it be by Indictment or Presentment of good and lawful People of the same Neighbourhood where such deeds be done c. That is to say by a Grand Jury All our Lives are thus by Law trusted to the Care of our Grand Inquests that none may be put to answer for their Lives unless they indict them If a causless Indictment of any man should carelesly pass from them his guiltless Blood or what prejudice soever the Accused should thereby suffer must rest upon them who by breach of their Trust were the occasions of it their fault cannot be excused by the prosecution of an Attorney or Solicitor General or any other Accuser if it were in their power to be more truly informed in the Case Whosoever prevents not an Evil when he may consents to it Now to oblige these Juries to the more conscientious care to Indict all that shall appear to them Criminals and to save every Innocent if it may be from unjust vexation and danger by Malice and Conspiracy our Ancestors appointed an Oath to be imposed upon them whico cannot be altered except by Act of Parliament Therefore every Grand-Jury-Man is sworn as the Foreman in the words following viz. You shall diligently enquire and true Presentment make of all such Articles matters and things as shall be given you in charge And of all other matters and things as shall come to your own knowledg touching this present service The King's Counsel your Fellows and your own you shall keep secret You shall present no person for Hatred or Malice neither shall you leave any one unpresented for Favour or Affection for Love or Gain or any hopes thereof but in all things you shall present the Truth the whole Truth and nothing but the Truth to the best of your knowledg so help you God The Tenor of the Oath is plain saving in these words All such matters and things as shall be given you in charge But whensoever a general Commission of Oyer and Terminer is Issued all Capital Offences are always the principal matters given in charge to the Grand Jury which is enough for the present discourse of their duty Hence then it evidently appears that every Grand Jury is bound to enquire diligently after the Truth of every thing for which they shall Indict or Present any Man They are not only bound by the Eternal Law of Loving their Neighbour to be as tender of the Life and good Name of every Man as of their own and therefore to take heed to the Truth in Accusing or Indicting any Man but their express Oath binds them to be diligent in their Enquiries that is to receive no suggestion of any Crime for Truth without examining all the Circumstances about it that fall within their knowledge they ought to consider the first Informers and enquire as far as they can into their Aims and Pretences in their prosecutions if Revenge or Gain should appear to be their ends there ought to be the greater suspition of the Truth of their Accusations the Law intending all Indictments to be for benefit of the King and of his People as appears by the Stat. of 42 E. 3.3 Next the Jury are bound to enquire into the matters themselves whereof any man is accused as to the time place and all other circumstances of the Fact alledged There have been false Informers that have suggested things impossible for instance That Thirty Thousand Men in Arms were kept in readiness for an Exploit in a secret place as if they could have been hid in a Chamber or a Cabinet The Jury ought also to enquire after the Witnesses their condition and quality their same and reputation their means of subsistence and the occasion whereby the Facts whereof they bear witness came to their knowledg Sometimes persons of debauched lives and low condition have deposed Discourses and Treasonable Councils against Persons of Honour and Virtue so unlikely to come to their Knowledge if such things had been that their pretence of being privy to them was a strong Evidence that their whole story was false and feigned It is also agreeable unto our ancient Law and Practice and of great consequence in cases of Treason or Felony that the Jury enquire after the time when first the matters deposed came to the Witnesses knowledge and whether they pursued the directions of the Law in the immediate Discovery and pursuit of the Traytor or Felon by Hue and Cry or otherwise or how long they concealed the same their Testimony being of little or no value if they have made themselves partakers of the Crime by their voluntary Concealment Neither may the Jury lawfully omit to enquire concerning the Parties Accused of their Quality Reputation and the manner of their Conversation with many other circumstances from whence they may be greatly helped to make right Inferences of the Falshood or Truth of the Crimes whereof any Man shall be accused The Jury ought to be ignorant of nothing whereof they can enquire or be informed that may in their understandings enable them to make a true Presentment or Indictment of the matters before them When a Grand Jury is sworn to enquire diligently after all Treasons c. 't is natural and necessary to their business to think of whom they should enquire and 't is plainly and easily resolved that they ought to enquire of every Man that can or will inform them and if any kind of Treason be suggested to them to have been done by any Man or number of Men their Duty is the same in that particular as it was in the general that is to seek diligently to find the truth 'T is certainly inconsistent with their Oaths to shut their Ears against any lawful Man that can tell them any thing relating unto a crime in question before them No man will believe nor can they themselves think that they desire to find and present the truth of a fact if they shall refuse to hear any Man who shall pretend such knowledg of it or such material Circumstaeces as may be useful to discover it whether that which shall be said by the pretenders will answer the Juries expectations must rest in their Judgments when they have heard them
to their knowledg That if it were not evident that they revealed it with as much expedition as was well possible lor them they were not by Law to be heard as Witnesses It was scarce permitted them saith he to look back in their going such ought to be their speed to make known the Treason Or if in any case they be otherwise openly flagitious though they be not legally infamous or if they are men of desperate Fortunes so that the temptation of want is manifestly strong upon them and the restraint of Conscience can be supposed to be little or none at all whatever they say is at least to be heard with extraordinary caution if not totally rejected In Scotland such a degree of Poverty that a Witness cannot swear himself to be worth Ten pounds is sufficient to lay him aside wholly in these high Concernments of Criminal Cases And in some other Kingdoms to be a loose liver is an Objection of the same force against any produced for VVitnesses And for the better discovery of the Truth of any fact in question the Credit of the VVitnesses and the Value of the Testimonies it is the duty of the Grand Inquest to be well informed concerning the Parties Indicted of their usual Residence their Estates and manner of Living their Companions and Friends with whom they are accustomed to Converse such knowledg being necessary to make a good judgment upon most accusations but most of all in Suspitions or Indictments of secret Treasons or Treasonable Words where the Accusers can be of no credit if it be altogether incredible that such things as they testify should come to their knowledg Sometimes the quality of the accused person may set him at such a distance from the Witnesses that he cannot be supposed to have conversed with them familiarly if his Wisdom and Conduct has been always such that it is not credible he would trust men so inconsiderable or meer strangers to him and such as are wholly uncapable to assist in the Design which they pretend to discover Can the Grand Inquest believe such Testimony to be of any value Or can they avoid suspecting Malice Combination and Subornation in such a Case Or can they shew themselves to be just and conscientious in their Duty if they do not suspend their Verdict until further Enquiry and write Ignoramus upon the Bill It is undoubtedly Law which we find reported in Stiles Stiles Report 11. That Though there be Witnesses who prove the Bill yet the Grand Inquest is not bound to find it if they see cause to the contrary Now to make their Enquiry more instrumental and advantageous to the Execution of Justice they are enjoined by their Oath to keep secret the King's Counsel their fellows and their own Perhaps 't is not sufficiently understood or considered what Duty is enjoined to every Man of a Grand Inquest by this clause of their Oath being seldom if ever explained to them in the general charge of the Judges at Sessions or Assizes But it is necessary that they should apprehend what Counsel of the King is trusted with them Certainly there is or ought to be much more of it communicated to them than is commonly thought and in things of the greatest consequence To them ought to be committed in the several Counties where any Prosecutions are begun the first Informations and Suspitions of all Treasons Murders Felonies Conspiracies and other Crimes which may subvert the Government endanger or hurt the King or destroy the Lives or Estates of the innocent People or any way disquiet or disturb the common Peace Our Law intends the Counsels of the King to be continually upon the protection and security of the People and prevention of all their mischiefs and dangers by wicked lawless and injurious men And in order thereunto to be advising how to right his wronged Subjects in general if the publick safety be hazarded by Treasons of any kind or their Relations snatcht from them by Murderers or any way destroyed by malicious Conspirators in form of Law or their Estates taken away by Robbery and Thieves or the Peace broken And for these ends to bring to exemplary Justice all offenders to deter others from the like wickedness And until these Counsels of the King come to the Grand Jury he can bring no such Criminals to judgment or to answer to the Accusations and Suggestions against them Hence it becomes unavoidably necessary to reveal to the Grand Juries all that hath been discovered to the King or any of his Ministers Judges or Justices concerning any Treasons or other Offences whereof any Man is accused And where suspition hath caused any to be imprisoned all the grounds of their suspitions ought to be opened concerning the Principals and the Accessories as well before as after the fact all the circumstances and presumptions that may induce a belief of their Guilt and all notices whatsoever which may enable the Jury to make a more exact and effectual Enquiry and to present the whole Truth They themselves will not only be offenders against God by reason of their Oath but subject to legal punishments if they knowingly conceal any Criminals and leave them unpresented and none can be innocent who shall conceal from them any thing that may help and assist them in their Duty The first notices of Crimes or suspitions of the Criminals by whomsoever brought in and the intentions of searching them out and prosecuting them legally are called the King's Counsel because the principal care of executing Justice is entrusted to him and they are to be prosecuted at his Suit and in his Name and such proceedings are called Pleas of the Crown From hence may be easily concluded that the King's Counsel which by the Oath of the Grand Inquest is to be kept secret includeth all the persons offered to them to be Indicted and all the matters brought in Evidence before them all circumstances whatsoever whereof they are informed which may any way conduce to the discovery of offences all intimations given them of Abettors and Encouragers of Treasons Felonies or Perjuries and Conspiracies or of the Receivers Harbourers Nourishers and Concealers of such Criminals Likewise the Oath which enjoins the Counsel of their Fellows and their own to be kept implies that they shall not reveal any of their personal knowledg concerning Offences or Offenders nor their intentions to Indict any Man thereupon nor any of the Proposals and Advices amongst them of ways to enquire into the truth of any matter before them either about the Crimes themselves or the Accusers and Witnesses or the party accused nor the debates thereupon amongst themselves nor the diversity of opinions in any case before them Certainly this Duty of secrecy concerning the King's Counsel was imposed upon the Grand Inquest with great reason in order to the publick good It was intended that they should have all the advantages which the several cases will afford to make effectual Enquiries after Criminals
that kind ought to have no place in judicial proceedings against suspected Criminals but truth is only to be regarded and for this reason the Judgments given in Court of humane Institution are in Scripture called the Judgments of God who is the God of truth Yet further If any benefit to the King could be imagined by making the Evidence to the Grand Jury publick it could not come in competition with the Law expressed in their Oath which by constant uninterrupted usage for so many Ages hath obtained the force of Law Bracton and Britton in their several Generations bear witness that it was then practised and greater proof of it needs not be sought than the Disputes that appear by the Law-Books to have been amongst the ancient Lawyers whether it was Treason or Felony for a Grand-Jury to discover either who was indicted or what Evidence was given them The Trust of the Grand Juries was thought so sacred in those Ages and their secrecy of so great concern to the Kingdom that whosoever should break their Oath therein was by all thought worthy to die Co. Instit 3d part p. 107. Rulls Indic 771. only some would have had them suffer as Traytors others as Felons And at this day it is held to be a high Misprision punishable by Fine and Impoverishment The Law then having appointed the Evidence to be given to Grand Juries in secret the King cannot desire to have it made publick He can do no wrong saith the old Maxime that is He can do nothing against the Law nor is any thing to be judged for his benefit that is not warranted by Law His Will Commands and Desires are therein no otherwise to be known He cannot change the legal Method or manner of enquiring by Juries nor vary in any particular case from the customary and general forms of judicial proceedings he can neither abridge nor enlarge the power of Juries no more than he can lessen the legal Power of the Sheriffs or Judges or by special Direction order the one how they shall execute Writs and the other how they shall give Judgments though these made by himself 'T is criminal no doubt for any to say that the King desires a Court of Justice or a Jury to vary from the direction of the Law and they ought not to be believed therein If Letters Writs or other Commands should come to the Judges for that purpose they are bound by their Oaths not to regard them but to hold them for null the Statutes of 2 E. 3.8 and 20 E. 3.1 are express That if any Writs or Commandments come to the Justices in disturbance of the Law or the Execution of the same or of right to the Parties they shall proceed as if no such Letters Writs or Commands were come to them And the substance of these and other Statutes is inserted into the Oath taken by every Judge and if they be under the most solemn and sacred Tye in the Execution of Justice to hold for nothing or none the Commands of the King under the Great Seal surely the Word or Desire of an Attorney-General in the like case ought to be less than nothing Besides they are strangely mistaken who think the King can have an Interest different from or contrary unto that of the Kingdom in the prosecution of Accused Persons His Concernments are involved in those of his People and he can have none distinct from them He is the Head of the Body Politick and the legal Course of doing Justice is like the orderly circulation of the Blood in the Natural Bodies by which both Head and Body are equally preserved and both perish by the interruption of it The King is obliged to the utmost of his Power to maintain the Law and Justice in its due course by his Coronation Oath and the Trust thereby reposed in him In former Ages he was conjured not to take the Crown unless he resolved punctually to observe it Brom. p. 1159. Mat. Paris p. 153. Bromton and others speaking of the Coronation of Richard the first delivered it thus That having first taken the Oath Deinde indutus Mantello ductus est ad Altare conjuratus ab Archiepiscopo prohibitus ex parte Dei ne hunc Honorem sibi assumat nisi in mente habeat tenere Sacramenta Vota quae superius fecit Et Ipse respondit se per Dei auxilium omnia supradicta observaturum bona fide Deinde cepit Corâ—nam de Altari tradidit eam Archiepiscopo qui posuit eam super caput Regis sic Coronatus Rex ductus est ad sedem suam Afterward cloathed with the Royal Robe he is led to the Altar and conjured by the Archbishop and forbid in the Name of God not to assume that Honour unless he intended to keep the Oaths and Vows he had before made and he answered By God's help he would faithfully observe all the Premises and then he took the Crown from off the Altar and delivered it to the Archbishop who put it upon the King's Head and the King thus Crowned is led unto His Seat The violation of which Trust cannot but be as well a wound unto their Consciences as bring great Prejudice upon their Persons and Affairs The Common-Law that exacts this doth so far provide for Princes That having their minds free from cares of preserving themselves they may rest assured that no Acts Words or Designs that may bring them into danger can be concealed from the many Hundreds of Men who by the Law are appointed in all parts of the Kingdom watchfully to take care of the King and are so far concerned in His safety that they can hope no longer to enjoy their own Lives and Fortunes in Peace than they can preserve him and the good Order which according to the Laws he is to uphold It is the joynt Interest of King and People that the ancient Rules of doing Justice be held sacred and inviolable and they are equally concerned in causing strict enquiries to be made into all Evidences given against suspected or accused Persons that the Truth may be discovered and such as dare to disturb the Publick Peace by breaking the Laws may be brought to punishment And the whole course of Judicial Proceedings in Criminal Causes shews that the People is therein equally concerned with the King whose name is used This is the ground of that distinction which Sir Ed. Coke makes between the Proceedings in Pleas of the Crown and Actions for wrongs done to the King himself In Pleas of the Crown or other common offences nusances c. Co. 3d. Inst pag. 136. principally concerning others or the Publick there the King by Law must be apprised by Indictment Presentment or other matter of Record but the King may have an Action for such wrong as is done is himself and whereof none other can have an Action but the King without being apprised by Indictment Presentment or other matter of Record
do no wrong But the greatest of all wrongs and that which hath been most destructive unto Thrones is by Fraud to circumvent and destroy the Innocent This is to turn a Legal King into a Nimrod a Hunter of Men This is not to act the part of a Father or a Shepherd who is ready to lay down his Life for his Sheep but such as the Psalmist complains of who eat up the People as if they eat Bread Jezebel did perhaps applaud her own Wit and think she had done a great Service to the King by finding out Men of Belial Judges and Witnesses to bring Naboth to be stoned but that unregarded Blood was a Canker or the Plague of Leprosie in his Throne and Family which could not be cured but by its overthrow and extinction But if the Attorney General cannot serve the King by abusing Juries and subverting the Innocent he can as little gain an advantage to himself by falsifying his Oath by the true meaning whereof he is to prosecute Justice Impartially and the Eternal Divine Law would annul any Oath or Promise that he should have taken to the contrary even though his Office had obliged him unto it The like Obligation lies upon Jurors not to suffer themselves to be deluded or persuaded that the Judges King's Council or any others can dispense with that Oath or any part of it which they have taken before God unto the whole Nation nor to think that they can swerve from the Rules set by the Law without a damnable breach of it The pwoer of relating or dissolving Conscientious Obligations acknowled in the Pope makes a great part of the Roman Superstition and that grand Impostor could never corrupt Kingdoms and Nations to their destruction and the Establishment of his Tyranny until he had brought them to believe he could dispense with Oaths taken by Kings unto their Subjects and by Subjects to their Kings nor impose so extravagant an Errour upon either until he had persuaded them he was in the place of God It is hard to say how the Judges or King's Council can have the same Power unless it be upon the same Title but we may be sure they may as well dispense with the whole Oath as any part of it and can have no pretence unto either unless they have the Keys of Heaven and Hell in their keeping It is in vain to say the King as any other man may remit the Oath taken unto and for himself He is not a party for himself but in the behalf of his People and cannot dispose of their Concernments without their Consent which is given only in Parliament The King's Council ought to remember they are in criminal Cases of Council unto every man in the Kingdom It is no ways referred unto the Direction of the Judges or unto them whether that secrecy enjoyned by Law be profitable unto the King or Kingdom They must take the Law as it is and render Obedience unto it until it be altered by the Power that made it To this end the Judges by Acts of Parliament viz. 18 Ed. 3. cap. 8. and 20 Ed. 3. cap. 1. are sworn to serve the People Ye shall serve our Lord the King and his People in the Office of Justice c. Ye shall deny to no man common Right by the King's Letters nor no other mans nor for no other cause and in default thereof in any point they are to forfeit their Bodies Lands and Goods This proves them to be the Peoples Servants as well as the Kings Further by the express words of the Commissions of Oyer and Terminer they are required to assist every man that suffers injury and make diligent inquisition after all manner of falshoods deceits offences and wrongs done to any man and thereupon to do Justice according to the Law so that in the whole proceedings in order unto Tryal and in the Tryals themselves the Thing principally intended which several persons are severally in their capacities obliged to pursue is the discovery of Truth The Withesses are to depose the Truth the whole Truth and Nothing but the Truth Thereupon the Council for the King are to prosecute The Grand Jury to present and the Petit Jury to try These are several Offices but all to the same End 'T is not the Prisoner but the Crime that is to be pursued This primarily the Offender but by consequence and therefore such Courses must be taken as may discover that and not such as may ensnare him When the Offence is found the impartial Letter of the Law gives the Doom and the Judges have no share in it but the pronouncing of it Till then the Judges are only to preside and take Care that every man else who is employed in this necessary Affair do his duty according to Law So that upon result of the whole transaction impartial Justice may be done either to the Acquittal or condemnation of the Prisoner Hereby it is manifest why the Judges are obliged by Oath To Serve the People as well as the King And by Commission To Serve every One that Suffers Injuries As they are to See that Right be done to the King and His injur'd Subjects in discovering of the Delinquent So they are to be of Council with the Prisoner whom the Law supposeth may be ignorant as well as innocent and therefore has provided that the Court shall be of Council for him and as well inform him of what Legal advantages the Law allows him as to resolve any point of Law when he shall propose it to them And it seems to be upon the presumption of this steady impartiality in the Judges thus obliged by all that is held Sacred before God and man to be unbyassed that the Prisoner hath no Council for if the Court faithfully perform their duty the Accused can have no wrong or hardship and therefore needs no Adviser Now suppose a man perfectly innocent and in some measure knowing in the Law should be accused of Treason or Felony If the Judges shall deny unto the Grand Jury the liberty of examining any Witnesses except in open Court where nothing shall be offered that may help to clear the Prisoner but every Thing aggravated that gives colour for the Accusation such Persons only produced as the King's Council or the Prosecutors shall think fit to call of whose Credit also the Jury must not inquire but shall be controll'd and brow-beaten in asking Questions of such unknown Witnesses for their own Satisfaction if they have any Tendency to discover the Infamy of these Witnesses or the Falshood of their Testimony How can Innocence secure any Man from being arraigned And if the Oath of the Judges should be as much forgotten in the further Proceedings upon the Trial where in Cases of Treason the Prisoner shall have all the King's Council commonly not the most unlearned prepared with studied Speeches and Arguments to make him black and odious and to Strain all his words and to alledge them
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
of England though I could never yet comply with or rise up to all the heights of many People I wish with all my Soul all our unhappy Differences were removed and that all sincere Protestants would so far consider the Danger of Popery as to lay aside their Heats and agree against the Common Enemy and that the Church-men would be less severe and the Dissenters less scrupulous For I think Bitterness and Persecution are at all times bad but much more now For Popery I look on it as an Idolatrous and Bloody Religion and therefore thought my self bound in my station to do all I could against it And by that I foresaw I should proture such great Enemies to my self and so powerful ones that I have been now for some time expecting the worst And blessed be God I fall by the Axe and not by the Fiery Tryal Yet whatever apprehensions I had of Popery and of my own severe and heavy share I was like to have under it when it should prevail I never had a thought of doing any thing against it basely or inhumanely but what could well consist with the Christian Religion and the Laws and Liberties of this Kingdom And I thank God I have examin'd all my actings in that matter with so great care that I can appeal to God Almighty who knows my heart that I went on sincerely without being moved either by Passion By-ends or ill-design I have always loved my Country much more than my life and never had any Design of changing the Government which I value and look upon as one of the best Governments in the World and would always have been ready to venture my life for the preserving it and would have suffered any Extremity rather than have consented to any Design to take away the King's Life Neither ever had Man the impudence to propose so base and barbarous a thing to me And I look on it as a very unhappy and uneasy part of my present Condition That in my Indictment there should be so much as mention of so vile a Fact tho' nothing in the least was said to prove any such Matter but the contrary by the Lord Howard Neither does any body I am confident believe the least of it So that I need not I think say more For the King I do sincerely pray for him and wish well to him and to the Nation That they may be happy in one another that he may be indeed the Defender of the Faith That the Protestant Religion and the Peace and Safety of the Kingdom may be preserved and flourish under his Government and that He in his Person may be happy both here and hereafter As for the share I had in the Prosecution of the Popish Plot I take God to witness That I proceeded in it in the Sincerity of my heart being then really convinced as I am still that there was a Conspiracy against the King the Nation and the Protestant Religion And I likewise profess That I never knew any thing either directly or indirectly of any Practice with the Witnesses which I look upon as so horrid a thing that I could never have endured it For I thank God Falshood and Cruelty were never in my Nature but always the farthest from it imaginable I did believe and do still That Popery is breaking in upon the Nation and that those who advance it will stop at nothing to carry on their Design I am heartily sorry that so many Protestants give their helping hand to it But I hope God will preserve the Protestant Religion and this Nation Though I am afraid it will fall under very great Tryals and very sharp Sufferings And indeed the Impiety and Prophaneness that abounds and appears so scandalously bare-fac'd every where gives too just reason to fear the worst things which can befall a People I pray God prevent it and give those who have shew'd Concern for the Publick Good and who have appear'd hearty for the true Interest of the Nation and the Protestant Religion Grace to live so that they may not cast a reproach on that which they endeavour to advance which God knows has often given me many sad thoughts And I hope such of my Friends as may think they are touch'd by this will not take what I say in ill part but endeavour to amend their ways and live suitable to the Rules of the true Reformed Religion which is the only thing can administer true Comfort at the latter end and revive a man when he comes to Dye As for my present Condition I bless God I have no repining in my heart at it I know for my Sins I have deserved much worse at the hands of God so that I chearfully submit to so small a Punishment as the being taken off a few years sooner and the being made a Spectacle to the World I do freely forgive all the World particularly those concerned in taking away my life and I desire and conjure my Friends to think of no Revenge but to submit to the holy Will of God into whose Hands I resign my self entirely But to look back a little I cannot but give some touch about the Bill of Exclusion and shew the Reasons of my appearing in that Business which in short is this That I thought the Nation was in such danger of Popery and that the expectation of a Popish Successor as I have said in Parliament put the King's life likewise in such danger that I saw no way so effectual to secure both as such a Bill As to the Limitations which were proposed if they were sincerely offered and had pass'd into a Law the Duke then would have been excluded from the power of a King and the Government quite alter'd and little more than the name of a King left So I could not see either Sin or Fault in the one when all People were willing to admit of t'other but thought it better to have a King with his Prerogative and the Nation easie and safe under him than a King without it which must have bred perpetual Jealousies and a continual struggle All this I say only to justifie my self and not to enflame others Though I cannot but think my Earnestness in that matter has had no small influence in my present Sufferings But I have now done with this World and am going to a Kingdom which cannot be moved And as to the Conspiring to seize the Guards which is the Crime for which I am Condemned and which was made a constructive Treason for taking away the King's Life to bring it within the Statue of Ed. the 3d. I shall give this true and clear account I never was at Mr. Shepheard's with that Company but once and there was no undertaking then of securing or seizing the Guards nor none appointed to view or examine them Some Discourse there was of the feasibleness of it and several times by accident in general Discourse elsewhere I have heard it mention'd as a thing might
takes cognizance of no such matter and could not by Construction be brought under it such matters being thereby reserved to the Parliament as is declared in the Proviso which he desired might be read but was refused Several important points of Law did hereupon emerge upon which your Petitioner knowing his own weakness did desire that Council might be heard or they might be referr'd to be found Specially But all was over rul'd by the violence of the Lord Ch. Justice and your Petitioner so frequently interrupted that the whole method of his Defence was broken and he not suffered to say the tenth part of what he could have alledged in his defence So the Jury was hurried into a Verdict they did not understand Now forasmuch as no man that is oppressed in England can have Relief unless it be from your Majesty your Petitioner humbly prays that the Premises considered your Majesty would be pleas'd to admit him into your presence and if he doth not shew that 't is for your Majesties Interest and Honour to preserve him from the said Oppression he will not complain though he be left to be destroy'd The very Copy of a Paper delivered to the Sheriffs upon the Scaffold on Tower-Hill on Friday December 7. 1683. By Algernon Sidney Esq before his Execution there Men Brethren and Fathers Friends Countrymen and Strangers IT may be expected that I should now say some Great Matters unto you but the Rigour of the Season and the Infirmities of my Age encreased by a close Imprisonment of above Five Months doth not permit me Moreover we live in an Age that maketh Truth pass for Treason I dare not say any thing contrary unto it and the Ears of those that are about me will probably be found too tender to hear it My Tryal and Condemnation doth sufficiently evidence this West Rumsey and Keyling who were brought to prove the Plot said no more of me than that they knew me not and some others equally known unto me had used my Name and that of some others to give a little Reputation unto their Designs The Lord Howard is too infamous by his Life and the many Perjuries not to be denied or rather sworn by himself to deserve mention and being a single Witness would be of no value though he had been of unblemish'd Credit or had not seen and confessed that the Crimes committed by him would be pardoned only for committing more and even the Pardon promised could not be obtained till the Drudgery of Swearing was over This being laid aside the whole matter is reduc'd to the Papers said to be found in my Closet by the King's Officers without any other proof of their being written by me than what is taken from the suppositions upon the similitude of an Hand that is easily Counterfeited and which hath been lately declared in the Lady Car's Case to be no lawful Evidence in Criminal Causes But if I had been seen to write them the matter would not be much altered They plainly appear to relate unto a large Treatise written long since in answer to Filmer's Book which by all Intelligent Men is thought to be grounded upon wicked Principles equally pernicious unto Magistrates and People If he might publish unto the World his Opinion That all Men are born under a necessity derived from the Laws of God and Nature to submit unto an Absolute Kingly Government which could be restrained by no Law or Oath and that he that hath the power whether he came unto it by Creation Election Inheritance Usurpation or any other way had the Right and none must oppose his Will but the Persons and Estates of his Subjects must be indispensably subject unto it I know not why I might not have published my Opinion to the contrary without the breach of any Law I have yet known I might as freely as he publickly have declared my Thoughts and the Reasons upon which they were grounded and I perswaded to believe That God had left Nations unto the Liberty of setting up such Governments as best pleased themselves That Magistrates were set up for the good of Nations not Nations for the honour or glory of Magistrates That the Right and Power of Magistrates in every Country was that which the Laws of that Country made it to be That those Laws were to be observed and the Oaths taken by them having the force of a Contract between Magistrate and People could not be Violated without danger of dissolving the whole Fabrick That Usurpation could give no Right and the most dangerous of all Enemies unto Kings were they who raising their Power to an Exorbitant Height allowed unto Usurpers all the Rights belonging unto it That such Usurpations being seldom Compassed without the Slaughter of the Reigning Person or Family the worst of all Villanies was thereby rewarded with the most Glorious Privileges That if such Doctrines were received they would stir up Men to the Destruction of Princes with more Violence than all the Passions that have hitherto raged in the Hearts of the most Unruly That none could be safe if such a Reward were proposed unto any that could destroy them That few would be so gentle as to spare even the Best if by their destruction of a Wild Usurper could become God's Anointed and by the most execrable Wickedness invest himself with that Divine Character This is the Scope of the whole Treatise the Writer gives such Reasons as at present did occur unto him to prove it This seems to agree with the Doctrines of the most Reverenced Authors of all Times Nations and Religions The best and wisest Kings have ever acknowledged it The present King of France hath declared that Kings have that happy want of Power that they can do nothing contrary unto the Laws of their Country and grounds his Quarrel with the King of Spain Anno 1667 upon that Principle King James in his Speech to the Parliament Anno 1603 doth in the highest degree assert it The Scripture seems to declare it If nevertheless the Writer was mistaken he might have been refuted by Law Reason and Scripture and no man for such matters was ever otherwise punished than by being made to see his Errour and it hath not as I think been ever known that they had been referred to the Judgment of a Jury composed of Men utterly unable to comprehend them But there was little of this in my Case the extravagance of my Prosecutors goes higher The above-mentioned Treatise was never finished nor could be in many years and most probably would never have been So much as is of it was written long since never reviewed nor shewn unto any man and the fiftieth part of it was produced and not the tenth of that afford to be read That which was never known unto those who are said to have Conspired with me was said to be intended to stir up the People in Prosecution of the Designs of those Conspirators When nothing of particular Application unto
Land to cut off these workers of Iniquity whose Religion is Rebellion whose Faith is Faction whose practice is murthering of Souls and Bodies and to root them out of the Confines of this Kingdom VII All the Judges of England are bound by their Oath 18 Edw. III. 20 Edw. III. Cap. 1.2 and by the duty of their place to disobey all Writs Letters or Commands which are brought to them either under the little Seal or under the great Seal to hinder or delay common Right Are the Judges all bound in an Oath and by their places to break the 13 of the Romans VIII The Engagement of the Lords attending upon the King at York June 13. 1642. which was subscribed by the Lord Keeper and Thirty Nine Peers besides the Lord Chief-Justice Banks and several others of the Privy-Council was in these words We do engage our selves not to Obey any Orders or Commands whatsoever not warranted by the known Laws of the Land Was this likewise an Association against the 13 of the Romans IX A Constable represents the King's person and in the Execution of his Office is within the purview of the 13 of the Romans as all Men grant but in case he so far pervert his Office as to break the Peace and commit Murther Burglary or Robbery on the Highway he may and ought to be Resisted X. The Law of the Land is the best Expositor of the 13 of the Romans Here and in Poland the Law of the Land There XI The 13 of the Romans is receiv'd for Scripture in Poland and yet this is expressed in the Coronation Oath in that Country Quod si Sacramentum meum violavero Incola Regni nullam nobis Obedientiam praestare tenebuntur And if I shall violate my Oath the Inhabitants of the Realm shall not be bound to yield me any Obedience XII The Law of the Land according to Bracton is the highest of all the Higher Powers mentioned in this Text for it is superior to the King and made him King Lib. 3. Cap. 26. Rex habet superiorum Deum item Legem per quam factus est Rex item Curiam suam viz. Comites Barones and therefore by this Text we ought to be subject to it in the first place And according to Melancthon It is the Ordinance of God to which the Higher Powers themselves ought to be subject Vol. 3. In his Commentary on the Fifth Verse Wherefore ye must needs be subject not only for Wrath but also for Conscience sake He hath these words Neque vero haec tantum pertinent ad Subditos sed etiam ad Magistratum qui cum fiunt Tyranni non minus dissipant Ordinationem Dei quam Seditiosi Ideo ipsorum Conscientia fit rea quia non obediunt Ordinationi Dei id est Legibus quibus debent parere Ideo Comminationes hic positae etiam ad ipsos pertinent Itaque hujus mandati severitas moveat omnes ne violationem Politici status putent esse leve peccatum Neither doth this place concern Subjects only but also the Magistrates themselves who when they turn Tyrants do no less overthrow the Ordinance of God than the Seditious and therefore their Consciences too are guilty for not obeying the Ordinance of God that is the Laws which they ought to obey So that the Threatnings in this place do also belong to them wherefore let the severity of this Command deter all men from thinking the Violation of the Political Constitution to be a light Sin Corollary To destroy the Law and Legal Constitution which is the Ordinance of God by false and arbitrary Expositions of this Text is a greater Sin than to destroy it by any other means For it is Seething the Kid in his Mothers Milk CHAP. IV. Of LAWS I. THere is no Natural Obligation wereby one Man is bound to yield Obedience to another but what is founded in paternal or patriarchal Authority II. All the Subjects of a patriarchal Monarch are Princes of the Blood III. All the people of England are not Princes of the Blood IV. No Man who is Naturally Free can be bound but by his own Act and Deed. V. Publick Laws are made by publick consent and they therefore bind every man because every man's consent is involved in them VI. Nothing but the same Authority and Consent which made the Laws can Repeal Alter or Explain them VII To judge and determine Causes against Law without Law or where the Law is obscure and uncertain is to assume Legislative power VIII Power assumed without a Man's consent cannot bind him as his own Act and Deed. IX The Law of the Land is all of a piece and the same Authority which made one Law made all the rest and intended to have them all Impartially Executed X. Law on One Side is the Back-Sword of Justice XI The Best Things when Corrupted are the Worst and the wild Justice of a State of Nature is much more desirable than Law perverted and over-rul'd into Hemlock and Oppression Copies of Two Papers Written by the Late King CHARLES II. Published by His MAJESTIES Command Printed in the Year 1686. The First Paper THE Discourse we had the other Day I hope satisfied you in the main that Christ can have but one Church here upon Earth and I believe that it is as visible as that the Scripture is in Print That none can be that Church but that which is called the Roman Catholick Church I think you need not trouble your self with entring into that Ocean of particular Disputes when the main and in truth the only Question is Where that Church is which we profess to believe in the two Creeds We declare there to believe one Catholick and Apostolick Church and it is not left to every phantastical man's head to believe as he pleases but to the Church to whom Christ left the power upon Earth to govern us in matters of Faith who made these Creeds for our Directions It were a very Irrational thing to make Laws for a Country and leave it to the Inhabitants to be the Interpreters and Judges of those Laws For then every man will be his own Judge and by consequence no such thing as either right or wrong Can we therefore suppose that God Almighty would leave us at those uncertainties as to give us a Rule to go by and to leave every man to be his own Judge I do ask any ingenuous man whether it be not the same thing to follow our own Fancy or to interpret the Scripture by it I would have any man shew me where the power of deciding matters of Faith is given to every particular man Christ left his power to his Church even to forgive Sins in Heaven and left his Spirit with them which they exercised after his Resurrection First by his Apostles in these Creeds and many years after by the Council at Nice where that Creed was made that is called by that name and by the power which they
meet for the meaning of this seems plain that His Majesty is resolved that they shall never meet till he receives such Assurances in a new round of Closetting that he shall be put out of doubt concerning it VII I will not enter into the Dispute concerning Liberty of Conscience and the Reasons that may be offered for it to a Session of Parliament for there is scarce any one point that either with relation to Religion or Politicks affords a greater variety of matter for Reflection and I make no doubt to say that there is abundance of Reason to oblige Parliaments to review all the Penal Laws either with relation to Papists or to Dissenters but I will take the boldness to add one thing that the King 's Suspending of Laws strikes at the root of this whole Government and subverts it quite for if there is any thing certain with relation to English Government it is this that the Executive Power of the Law is entirely in the King and the Law to fortifie him in the Management of it has cloathed him with a vast Prerogative and made it unlawful on any pretence whatsoever to resist him whereas on the other hand the Legislative Power is not so entirely in the King but that the Lords and Commons have such a share in it that no Law can either be made repealed or which is all one suspended but by their consent so that the placing this Legislative Power singly in the King is a subversion of this whole Government since the Essence of all Governments consists in the Subjects of the Legislative Authority Acts of Violence or Injustice committed in the Executive part are such things that all Princes being subject to them the peace of mankind were very ill secured if it were not unlawful to resist upon any pretence taken from any ill Administrations in which as the Law may be doubtful so the Facts may be uncertain and at worst the publick Peace must always be more valued than any private Oppressions or Injuries whatsoever But the total Subversion of a Government being so contrary to the Trust that is given to the Prince who ought to execute it will put men upon uneasie and dangerous Inquiries which will turn little to the Advantage of those who are driving matters to such a doubtful and desperate Issue VIII If there is any thing in which the Exercise of the Legislative Power seems indispensable it is in those Oaths of Allegiance and Tests that are thought necessary to Qualifie men either to be admitted to enjoy the protection of the Law or to bear a share in the Government for in these the Security of the Government is chiefly concerned and therefore the total Extinction of these as it is not only a Suspension of of them but a plain repealing of them so it is a Subverting of the whole Foundation of our Government For the Regulation that King and Parliament had set both for the Subjects having the protection of the State by the Oath of Allegiance and for a share in the places of Trust by the Tests is now pluckt up by the roots when it is declared That these shall not at any time hereafter be required to be taken or subscribed by any persons whatsoever for it is plain that this is no Suspension of the Law but a formal repeal of it in as plain words as can be conceived IX His Majesty says that the Benefit of the Service of all his Subjects is by the Law of Nature inseparably annexed to and inherent in his Sacred Person It is somewhat strange that when so many Laws that we all know are suspended the Law of Nature which is so hard to be found out should be cited but the Penners of this Declaration had best let that Law lie forgotten among the rest and there is a scurvy Paragraph in it concerning self-Preservation that is capable of very unacceptable Glosses It is hard to tell what Section of the Law of Nature has markt either such a Form of Government or such a Family for it And if his Majesty renounces his Pretensions to our Allegiance as founded on the Laws of England and betakes himself to this Law of Nature he will perhaps find the Counsel was a little too rash but to make the most that can be the Law of Nations or Nature does indeed allow the Governours of all Societies a Power to serve themselves of every Member of it in the cases of Extream Danger but no Law of Nature that has been yet heard of will conclude that if by special Laws a sort of men have been disabled from all Imployments that a Prince who at his Coronation Swore to maintain those Laws may at his pleasure extinguish all these Disabilities X. At the end of the Declaration as in a Poscript His Majesty assures his Subjects that he will maintain them in their Properties as well in Church and Abbey Lands as other Lands but the chief of all their Properties being the share that they have by their Representatives in the Legislative Power this Declaration which breaks thro' that is no great Evidence that the rest will be maintained and to speak plainly when a Coronation Oath is so little remembred other Promises must have a proportioned degree of Credit given to them as for the Abbey Lands the keeping them from the Church is according to the Principles of that Religion Sacriledge and that is a mortal Sin and there can no Absolution be given to any who continue in it and so this Promise being an Obligation to maintain men in a mortal Sin is nul and void of it self Church-Lands are also according to the Doctrine of their Canonists so immediately God's Right that the the Pope himself is the only Administrator and Dispencer but is not the master of them he can indeed make a truck for God or let them so low that God shall be an easie Landlord but he cannot alter God's Property nor translate the Right that is in him to Sacrilegious Laymen and Hereticks XI One of the Effects of this Declaration will be the setting on foot a new run of Addresses over the Nation for there is nothing how impudent and base soever of which the abject flattery of a slavish Spirit is not capable It must be confest to the Reproach of the Age that all those strains of flattery among the Romans that Tacitus sets forth with so much just scorn are modest things compared to what this Nation has produced within these seven Years only if our Flattery has come short of the Refinedness of the Romans it has exceeded theirs as much in its loathed Fulsomeness The late King set out a Declaration in which he gave the most solemn Assurances possible of his adhering to the Church of England and to the Religion established by Law and of his Resolution to have frequent Parliaments upon which the whole Nation fell as it were into Raptures of Joy and Flattery but though he lived four
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
has been formerly thought the whole Constitution of this Church and Kingdom which we dare not do till we have the Authority of Parliament for it It is to recommend to our People the Choice of such Persons to sit in Parliament as shall take away the Test and Penal Laws which most of the Nobility and Gentry of the Nation have declared their Judgment against It is to condemn all those great and worthy Patriots of their Country who forfeited the dearest thing in the World to them next a good Conscience viz. The Favour of their Prince and a great many honorable and profitable Employments with it rather than consent to that Proposal of taking away the Test and Penal Paws which they apprehend destructive to the Church of England and the Protestant Religion and he who can in Conscience do all this I think need scruple nothing For let us consider further what the Effects and Consequences of our Reading the Declaration are likely to be and I think they are Matter of Conscience too when they are evident and apparent This will certainly render our Persons and Ministry infinitely contemptible which is against that Apostolical Canon Let no Man despise thee Titus 2.15 That is so to behave himself in his Ministereal Office as not to fall under Contempt and therefore this obliges the Conscience not to make our selves ridiculous nor to render our Ministry our Counsels Exhortations Preaching Writing of no Effect which is a thousand times worse than being silenced Our Sufferings will preach more effectually to the People when we cannot speak to them but he who for Fear or Cowardise or the Love of this World betrays his Church and Religion by undue Compliances and will certainly be thought to do so may continue to Preach but to no purpose and when we have rendred our selves ridiculous and contemptible we shall then quickly fall and fall unpitied There is nothing will so effectually tend to the final Ruine of the Church of England because our Reading the Declaration will discourage or provoke or misguide all the Friends the Church of England has can we blame any Man for not preserving the Laws and the Religion of our Church and Nation when we our selves will venture nothing for it Can we blame any Man for consenting to Repeal the Test and Penal Laws when we recommend it to them by Reading the Declaration Have we not reason to expect that the Nobility and Gentry who have already suffered in this Cause when they hear themselves condemned for it in all the Churches of England will think it time to mend such a Fault and reconcile themselves to their Prince and if our Church fall this way is there any reason to expect that it should ever rise again These Consequences are almost as evident as Demonstrations and let it be what it will in it self which I foresee will destroy the Church of England and the Protestant Religion and Interest I think I ought to make as much Conscience of doing it as of doing the most immortal Action in Nature To say that these mischievous Consequences are not absolutely necessary and therefore do not affect the Conscience because we are not certain they will follow is a very mean Objection Moral Actions indeed have not such necessary Consequences as natural Causes have necessary Effects because no moral Causes act necessarily Reading the Declaration will not as necessarily destroy the Church of England as Fire burns Wood but if the Consequence be plain and evident the most likely thing that can happen if it be unreasonable to expect any other if it be what is plainly intended and designed either I must never have any regard to Moral Consequences of my Actions or if ever they are to be considered they are in this case Why are the Nobility and Gentry so extreamly averse to the Repeal of the Test and Penal Laws Why do they forfeit the King's Favour and their Honourable Stations rather than comply with it If you say that this tends to destroy the Church of England and the Protestant Religion I ask whether this be the necessary consequence of it whether the King cannot keep his promise to the Church of England if the Test and Penal Laws be Repealed We cannot say but this may be And yet the Nation does not think fit to try it and we commend those great men who deny it and if the same questions were put to us we think we ought in Conscience to deny them our selves And are there not as high probabilities that our Reading the Declaration will promote the Repeal of the Test and Penal Laws as that such a Repeal will ruine our Constitution and bring in Popery upon us Is it not as probable that such a complyance in us will disoblige all the Nobility and Gentry who have hitherto been firm to us as that when the power of the Nation is put into Popish Hands by the Repeal of such Tests and Laws the Priests and Jesuirs may find some salvo for the King's Conscience and perswade him to forget his Promise to the Church of England and if the probable ill consequences of Repealing the Test and Penal Laws be a good reason not to comply with it I cannot see but that the as probable ill consequences of Reading the Declaration is as good a reason not to read it The most material Objection is that the Dissenters whom we ought not to provoke will expound our not Reading it to be the effect of a persecuting Spirit Now I wonder Men should lay any weight on this who will not allow the most probable consequences of our Actions to have any influence upon Conscience For if we must compare consequences to disoblige all the Nobility and Gentry by reading it is likely to be much more fatal than to anger the Diffenters and it is more likely and there is much more reason for it that one should be offended than the other For the Dissenters who are wise and considering are sensible of the snare themselves and though they desire Ease and Liberty they are not willing to have it with such apparent hazard of Church and State I am sure that tho' we were never so desirous that they might have their Liberty and when there is opportunity of shewing our inclinations without danger they may find that we are nations without danger they may find that we are not such Persecutors as we are represented yet we cannot consent that they should have it this way which they will find the dearest Liberty that ever was granted This Sir is our Case in short the Difficulties are great on both sides and therefore now if ever we ought to besiege Heaven with our Prayers for Wisdom and Counsel and Courage that God would protect his Church and Reformed Christianity against all the devices of their Enemies Which is the daily and hearty Prayer of SIR Your Friend and Brother May 22. 1â—88 POSTSCRIPT I Have just now seen H. Care 's Paper
the Pamphlet whereof I have here given you my thoughts was more than a Fortnight on the way or else you had received this sooner I am Dubâ—â— 1688. SIR Your most Humble Servant A PLAIN ACCOUNT OF THE PERSECUTION Laid to the CHARGE of the Church of England THE Desire of Liberty to serve God in that Way and Manner which Men judge to be most acceptable to him is so Natural and Reasonable that they cannot but be extreamly provoked against those who would force them to serve him in any other But the Conceit withal which most Men have that their Way of Serving God is the only acceptable Way naturally inclines them when they have Power to use all Means to constrain all other to serve him in that way only So that Liberty is not more desired by all at one time than it is denied by the very same Persons at another Put them into different Conditions and they are not of the same Mind but have different Inclinations in one State from what they have in another As will be apparent by a short View of what hath passed in these Churches and Kingdoms within our Memory II. Before the late Civil Wars there were very grievous Complaints made of the Bishops that they pressed the Ceremonies so strictly as to inflict heavy Censures upon those called Puritans who could not in Conscience conform to them Now no sooner had those very Persons who thus complaned got their Liberty to do as they pleased but they took it quite away from the other and suquestred all those who would not enter into their Holy League and Covenant for the reforming all things according to the Model which they propounded Nay they were not willing to bear with Five Dissenting Brethren among themselves who could not conform to the Presbyterial Government And when these Dissenting Brethren commonly known by the Name of Independants had got a Party strong enough which carried all before them they would not allow the use of the Common Prayer in any Parish no not to the King himself in his own Chappel not grant to one of the old Clergy so much Liberty as to teach a School c. Which things I do not mention God knows to reproach those who were guilty of them but only to put them in mind of their own Failings that they may be humbled for them and not insult over the Church of England nor severely upbraid them with that which when time was they acted with a higher Hand themselves If I should report all that the Presbyterians did here and in Scotland and all that the Independants did here and in New England it would not be thought that I exceed the Truth when I say they have been more Guilty of this Fault than those whom they now charge with it Which doth not excuse the Church of England it must be confessed but doth in some Measure mitigate her Fault For the Conformable Clergy having met with such very hard Usage in that disinal Time wherein many of them were oppressed above Measure no wonder if the Smart of it then fresh in their Minds something imbittered their Spirits when God was preased by a wonderful Revolution to put them into Power again III. Then a stricter Act of Vnifamity was made and several Laws pursuant to it for the enforeing that Uniformity by severe Penalties But let it be remembred that none were by those Laws constrained to come to Church but had Liberty left them to serve God at Home and some Company with them in their own Way And let it be farther remembred that the Reâ—ion why they were denied their Liberty of meeting in greater Assemblies was because such Assemblies were represented as greatly endangering the publick Peace and Safety as the Words are in the very first Act of this Nature against â—uakers in the Year 1662. Let any one read the Oxford Act as it is commonly called made in the Year 1665. and that at Westminster in the Year 16â—â— and he will find them intended against Sedâ—â—ous Conventicles That is they wâ—â—â— made them were perswâ—dâ—d by the Jâ—suâ— Iâ—terest at first to look upon such Meetings as Nurseries of Sedition where bad Principles were infused into Mens Minds destructive to the Civil Government If it had not been for this it doth not appear that the Contrivers of these Laws were inclined to such Severities as were thereby enacted but the Nâ—nconformists might have enjoyed a larger Liberty in Religion It was not Religion alone which was considered and prerended but the publick Peace and Settlement with respect to which they were tyed up so straitly in the Exercise of their Religion Which to deal clearly I do not believe would have raught Rebellion but this was constantly insinuated by the Court Agents and it is no wonder if the Parliament who remembred how the Ministers of that Perswasion though indeed from the then Appearance of Popery had been the Principal Incouragers of that Defensive War against the King were easily made to believe that they still retained the same Principles and would propagate them if they were suffered among the People Certainly it is also that the Court made it their Care to have those Acts passed though at the same time they hindred their Execution that they might keep up both Parties in the height of their Animosities and especially that they might make the Church of England be both hated and despised by the Dissenters IV. Thus things continued for some time till wise Men began to see into the Secret and think of a Reconciliation But it was always hindred by the Court who never thought of giving Liberty by a Law but only by the Prerogative which could as casâ—ly take it away There was a time for instance when a Comprehension c. was projected by several great Men both in Church and State for the taking as many as possible into Union with us and providing Ease for the rest Which so netled the late King that meeting with the then Arch-bishop of Canterbury he said to him as I perfectly remember What my Lord you are for a Comprehension To which he making such a Reply as signified he heard some were about it No said the King I will keep the Church of England pure and unmixed that is never suffer a Reconciliation with the Dissenters And when the Lords and Commons also had not many years ago passed a Bill for the Repealing of the most heavy of all the Penal Laws against Dissenters viz. the Statute of 35 Eliz. 1. which by the Parliament is made against the Wicked and dangerous Practices of Seditiâ—â—â— Sectaries and disloyal Persons his late Majesty so dealt with the Clerk of the Parliament that it was shuffled away and could not be found when it was to have been presented to him among other Bills for his Royal Consent unto it A notable Token of the Abhorrence the Court then had of all Penal Laws and of their great Kindness to Dissenters V. Who may
then first of all assure you very positively that their Highnesses have often declared as they did it more particularly to the Marquiss of Albeville His Majesties Envoy Extraordinary to the States that it is Their Opinion That no Christian ought to be persecuted for his conscience or be ill used because he differs from the publick and Established Religion And therefore They can consent that the Papists in England Scotland and Ireland be suffered to continue in their Religion with as much Liberty as is allowed them by the States in these Provinces in which it cannot be denied that they enjoy a full Liberty of conscience And as for the Dissenters Their Highnesses do not only consent but do heartily approve of their having an entire Liberty for the full exercise of their Religion without any trouble or hindrance so that none may be able to give them the least disturbance upon that account And their Highnesses are very ready in case his Majesty shall think fit to desire it to declare their willingness to concur in the setling and confirming this Liberty and as far as it lies in them they will protect and defend it and according to the Language of Treaties They will confirm it with their Guaranty of which you made mention in yours And if his Majesty shall think fit further to desire their concurrence in the repealing of the Penal Laws they are ready to give it provided always that those Laws remain still in their full vigour by which the Roman Catholicks are shut out of both Houses of Parliament and out of all publick Employments Ecclesiastical Civil and Military As likewise all those other Laws which confirm the Protestant Religion and which secures it against all the attempts of the Roman Catholicks But their Highnesses cannot agree to the repeal of the Test or of those other Penal Laws last mentioned that tend to the security of the Protestant Religion since the Roman Catholicks receive no other prejudice from these then the being excluded from Parliaments or from publick Employments And that by them the Protestant Religion is covered from all the Designs of the Roman Catholicks against it or against the publick safety and neither the Test nor these other Laws can be said to carry in them any severity against the Roman Catholicks upon account of their Consciences They are only provisions qualifying men to be Members of Parliament or to be capable of bearing Office by which they must declare before God and Men that they are for the Protestant Religion So that indeed all this amounts to no more than a securing the Protestant Religion from any prejudices that it may receive from the Roman Catholicks Their Highnesses have thought and do still think that more than this ought not to be ask'd or expected from them since by this means the Roman Catholicks and their posterity will be for ever secured from all trouble in their Persons or Estates or in the Exercise of their Religion and that the Roman Catholicks ought to be satisfied with this and not to disquiet the Kingdom because they cannot be admitted to sit in Parliament or to be in Employments or because those Laws in which the Security of the Protestant Religion does chiefly consist are not repealed by which they may be put in a condition to overturn it Their Highnesses do also believe that the Dissenters will be fully satisfied when they shall be for ever covered from all danger of being disturbed or punished for the free Exercise of their Religion upon any sort of pretence whatsoever Their Highnesses having declared themselves so positively in these matters it seems very plain to me that They are far from being any hindrance to the Freeing Dissenters from the Severity of Penal Laws since they are ready to use their utmost endeavours for the Establishing of it Nor do They at all press the denying to the Roman Catholicks the Exercise of their Religion provided it be managed modestly and without Pomp or Ostentation As for my own part I ever was and still am very much against all those who would persecute any Christian because he differs from the publick and established Religion And I hope by the Grace of God to continue still in the same mind for since that Light with which Religion illuminates our minds is according to my sense of things purely an effect of the Mercy of God to us we ought then as I think to render to God all possible Thanks for his Goodness to us and to have pity for those who are still shut up in Error even as God has pitied us and to put up most earnest prayers to God for bringing those into the way of Truth who stray from it and to use all gentle and friendly methods for reducing them to it But I confess I could never comprehend how any that profess themselves Christians and that may enjoy their Religion freely and without any disturbance can judge it lawful for them to go about to disturb the Quiet of any Kingdom or State or to overturn Constitutions that so they themselves may be admitted to Employments and that those Laws in which the Security and Quiet of the established Religion consists should be shaken It is plain that the Reformed Religion is by the Grace of God and by the Laws of the Land enacted both by King and Parliament the publick and established Religion both in England Scotland and Ireland and that it is provided by those Laws that none can be admitted either to a place in Parliament or to any publick Employment except those that do openly declare that they are of the Protestant Religion and not Roman Catholicks and it is also provided by those Laws that the Protestant Religion shall be in all time coming secured from the Designs of the Roman Catholicks against it In all which I do not see that these Laws contain any Severity either against the Persons or Estates of those who cannot take those Tests that are contrary to the Roman Catholick Religion all the inconveniences that can redound to them from thence is that their Persons their Estates and even the Exercise of their Religion being assured to them only they can have no share in the Government nor in Offices of Trust as long as their Consciences do not allow them to take these Tests and they are not suffered to do any thing that is to the prejudice of the Reformed Religion Since as I have already told you Their Highnesses are ready to concur with his Majesty for the Repeal of those Penal Laws by which Men are made liable to fines or other Punishments So I see there remains no difficulty concerning the Repealing the Penal Laws but only this that some would have the Roman Catholicks render'd capable of all publick Trusts and Employments and that by consequence all those should be repealed that have secured the Protestant Religion against the designs of the Roman Catholicks where others at the same time are not less
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
our Jealousie but to stir up severer passions to be told at a season when we know what the Catholicks are doing in France and in most other places where they have any power that the Papists through having burnt their fingers with persecution may be grown so wise as to do so no more and yet to have it asserted in the same Page that they who can be prevailed upon to believe that the Church of England is sorry for what She hath done and that she will not be guilty of such a thing again have little reason to quarrel at the unaccount ableness of Transubstantiation Good Advice p. 8. Nor is it becoming one who stiles himself a Protestant no more than it is consistent with Truth to extenuate our being scandal'd at the severity upon Protestants in France by affirming that he can parallel some of the severest passages in that Kingdom out of the Actions of some Members of the Church of England in cool Blood ibid. p. 7. And though I have all the kindness imaginable for Mr. Pen's Person and am loath to think otherways of him as to his Religious Principles than as his avowed profession discovers him yet these and diverse passages more of that kind together with the accession he must necessarily have had to the apprehension and imprisonment of Mr. Gray c. for abandoning the Benedictine Order are things I can neither reconcile to the title he assumes nor to his many Discourses for Repealing the Test Laws And to speak freely considering the Nature of our Laws against Papists and that it was their manifold Treasons and onely our care to preserve our selves that both gave the first rise unto them and has necessitated their continuance I know neither how to construe that Assertion of Mr. Pen's Good Advice p. 13. that the Principle which the Church of England acts by justifies the King of France and the Inquisition nor that other Letter first of there having been eight times more Laws made for ruining men for their Conscience since the Church of England came to be the National Establishment than were all the time that Popery was in the Chair Nor can this be designed to any other end but the giving the Church of Rome the commendation of Mercy and Moderation above a Protestant Church For as 't is certain that the one Law of Burning and Extirpating Hereticks was a thousand fold worse and hath produced infinitely more Sanguinary effects than all the Laws and Rigours that the Church of England can be charged with so there is nothing can be falser than that either her Principle or Practice do parallel or justifie the barbarous and brutal severities of the French King and the Inquisition Moreover were all Protestants agreed that Liberty in meer matters of Religion should be immediately granted in a Legal way yet I do not see how the Papists should pretend to any benefit by it or be able to lay a just claim to a share in it So that the foundation which Mr. Pen goes upon of mens having a Right to be indulged in matters of Religion is too narrow to support the structure he raiseth upon it For though there may be some things retained in Popery which may be called matters of Religion yet in the bulk and complex of it it is a Conjuration against all Religion and a Conspiracy against the Peace of Societies and the Rights of Mankind 'T is one of the Crimes as well as the Miseries of this Age that out of a dread of some and in complacence to others we have avoided representing Popery in its native colours and calling it by the Names properly due unto it But I have always thought that 't is better fail in our Courtship to Men than in our duty to God and fidelity to the Interest of Jesus Christ and the safety of Mankind Nor do I doubt but that they will be better approved in the Great day of Account who Character Persons Doctrines and Practices as the Scripture doth than they who that they may accommodate themselves unto and be acceptable with the world speak of them in a softer stile Now if either Blasphemies against God or Tyrannies over Men if either the defacing the Ideas of a Deity or corrupting the Principles of Vertue and Moral Honesty if either the subverting the foundations of natural Religion or the overthrowing the most essential Articles of the Christian Faith if either the most avowed and bold affronts offered to heaven or the bloodiest and most brutal outrages executed against the best of men if all these be sufficient to preclude a party from the benefit of Liberty due to people in Religious Matters I am sure none have reason to challenge it in behalf of the Papists nor cause to complain if it be denied them Can there be any thing more unreasonable than that they should claim a Toleration in a Protestant State whose Principles not only allow but oblige them to destroy us as soon as their power inables them to do it Is not the Doctrine of the Pope's Supremacy and his having a Right to Depose Kings and absolve Subjects from their Allegiance together with that of breaking Faith to Hereticks and the extirpating all those who cannot believe as the Church of Rome doth mighty inducements to those whom they have baptized with that Name and to whom they long to exercise that courtesie for the Repealing of the Penal and Test Laws against Papists Nor are these Principles falsely charged upon them but they are the Oracular Decisions of their General Councils and Popes whom they stile Infallible So that Mr. Pen's Book and Letters which seem to have been written not so much in favour of Dissenting Protestants as of Roman Catholicks can little advantage the latter even allowing the Principle which he goes upon and admitting all he hath said for Mens Right to Liberty in meer matters of Religion to be unanswerable And his telling us Good Adv. p. 42. that Violence and Tyranny are not natural consequences of Popery does onely discover his kindness to Rome and the little Friendship and care he hath for the Protestant Interest For we know both the Principles of their Religion too well and have at all times experienced and do at this day feel the effects of them too sensibly to be deluded by this kind of Sophistry and imposed upon by so palpable a Falsehood to abandon the means of our safety Wheresoever any Popish Rulers Act with Gentleness and Moderation towards those whom their Church hath declared Hereticks 't is either because there are Political Reasons for it as might be easily shewed in reference to all those States and Governments which he mentions or because there are some Princes of the Roman Communion in whom the Dictates of Humane Nature are more prevalent than those of their Religion But should the gentle Temper of the English Nation sway them beyond the strict obligations of duty and make them willing to Repeal the
could they once get to have a share in the Legislation and to be legally stated in all places of Trust and Power What need we had of a legal security for our Religion in case of a Papists coming to inherit the Crown not onely the late King who thorowly knew his Brothers temper and bigottry but those Loyal Zealots who with an unhappy vigour opposed the Bill of Exclusion were sensible of and therefore besides all the security which we have for our Religion by the Statutes in force they offered many other provisions for its protection and several of them very threatning to the Monarchy which we might have had established into Laws if through our pursuit of the point of Exclusion we had not been so improvident as to despise and reject them He that dares attempt so much as he hath done in opposition unto and defiance of all our Laws what will he not have the confidence to undertake and be in a condition to accomplish if these obstructions were out of his way The Penal Laws cannot prejudice the Papists in this King's Reign seeing he can connive at the non-execution of them and the Repeal of them now cannot benefit the Papists when he is gone because if they do not behave themselves modestly we can either re-establish them or enact others which they will be as little fond of But their abrogation at this time would infallibly prejudice us and would prove to be the pulling up of the Sluces and the throwing down the Dikes which stem the deluge that is breaking in upon us and which hinder the threatning waves from overflowing us And whereas Mr. Pen would obtrude upon weak and credulous Men That if these Laws were Repealed the King is willing to give us other for our security and that he would onely exchange the security and not destroy it Letter 2d p. 11. he must pardon us if we do not easily believe him after what we know of his Majesties natural Genius and Religious Bigottry and after what we have seen and experienced in the whole course of his Government And if there be no other way of giving the King an opportunity of Keeping his word with the Church of England in preserving her and maintaining our Religion but the Repealing of the Penal and Tests Laws as he intimates unto us Good Adv. p. 50. we have not found the Royal Faith so sacred and inviolable in other instances as to rob our selves of a Legal defence and protection for to depend upon the precarious one of a bare promise which his Ghostly Fathers whensoever they find it convenient will tell him it was unlawful to make and which he can have a Dispensation for the breaking of at what time he pleaseth Nor do we remember that when he pledged his Faith unto us in so many Promises that the parting with our Laws was declared to be the condition upon which he made and undertook to perform them Neither can any have the confidence to alledge it without having recourse to the Papal Doctrine of Mental Reservation Which being one of the Principles of that Order under whose conduct he is makes us justly afraid to rely upon his word without further Security However we do hereby see with what little sincerity Mr. Pen Writes and what small regard he hath to His Majesty's honour when he tells the Church of England That if She please and like the terms of giving up the Penal and Test Laws against Papists that then the King will perform his word with her Good Adv. p. 17. but that otherways it is She who breaks with him and not he with her ib p. 44. Though something may be said for the Repealing of all Penal Laws in reference to every perswasion that is called Religion how incongruously soever it may claim that Name yet 't is inconsistent with the safety of all Civil Government and a plain betraying of the Civil Liberties as well as the established Religion in Great Brittain not to allow the precluding those from places of Trust of whose fidelity we can have no assurance And therefore as all that Mr. Pen hath alledged for abolishing the Tests is miserably silly so he hath thereby too manifestly detected the small regard he bears to the safety of the Kingdoms and the Protestant cause not to be suspected in every thing else which he hath more plausibly and reasonably asserted For as all Governments have an unquestionable Right to use means whereby to preserve themselves so 't is not onely lawful but expedient that they should have Tests by which it may be known who are fit to be trusted with the Legislative and Executive power Without this no Constitution can subsist nor Subjects be in any security under it Neither can any Reasons be advanced against the Test Laws but what are of equal force against exacting Oaths of Allegiance and Promises of Fidelity from those whom the Government thinks meet to Employ One might think that Mr. Pen should allow as much to the Parliament of England as he challengeth to himself in his Government of Pensilvania For I find that not onely such shall be precluded from a share in the Government there who shall either be convicted of ill Fame and unsober Coversation or who shall not acknowledge Jesus Christ to be the Son of God and Saviour of the World Chap. 2d of their Constitutions and Laws but that none shall be either chosen into Office or so much as admitted to choose but who solemnly declare and promise Fidelity to William Pen and his Heirs Chap. 57. This I take not onely to be equivalent unto but something more than our Tests do amount unto For whereas there may be several whom the Quakers may judge persons of unsober Conversation who may be true to the Civil Interest of their Country and willing to the utmost of their power to preserve the Peace and promote the Prosperity of it we have no ground to believe the like of Papists in relation to the welfare and safety of a Protestant State And that not onely because they acknowledge a Forraign Jurisdiction inconsistent with and paramount to ours but because they are obliged by the Principles of their Religion whensoever they find themselves able to destroy and extirpate us I 'm sure that the Motives which in 73 and 78 enforced to the Enacting of the Test Laws do at this season plead more effectually for the continuing them Nor had we so much cause then of being afraid of Popery or to be apprehensive of having our Religion overturned by Papists which were the Inducements to the making of those Laws as we have ground to dread it at this time and to be jealous of it under the present conjuncture And the more that the Roman Catholicks and their Advocates press to have these Laws abolished the more fear they excite in us of their design if they knew how to effect it and make us the more resolved to hazard all we have to
who had lived and died a cordial and zealous Protestant and whosoever had muttered any thing to the contrary would have been branded for a Villain and an execrable person But with what a scent and odor must it recommend his Memory to them to consider his having not onely lived and died in the Communion of the Church of Rome in contradiction to all his publick Speeches solemn Declarations and highest Asseverations to his People in Parliament but his participating from time to time of the Sacrament as Administred in the Church of England while in the interim he had Abjured our Religion stood reconciled to the Church of Rome and had obliged himself by most sacred Vows and was endeavouring by all the Frauds and Arts imaginable to subvert the established Doctrin and Worship and set up Heresy and Idolatry in their room And it must needs give them an abhorrent Idea and Character of Popery and a loathsom representation of those trusted with the Conduct and Guidance of the Consciences of Men in the Roman Communion that they should not onely dispense with and indulge such Crimes and Villanies but proclaim them Sanctified and Meritorious from the end which they are calculated for and levelled at And for his dear Brother and renowned Successor who possessed the Throne after him I suppose his most partial Admirers who took him for a Prince not onely merciful in his Temper and imbued with all gracious Inclinations to our Laws and the Rights of the Subject but for one Orthodox in his Religion and who would prove a zealous Defender of the Doctrine Worship and Discipline of the Church established by Law are before this time both undeceived and filled with Resentments for his having abused their Credulity deceived their Expectations and reproached all their Gloryings and Boastings of him For as it would have been the greatest Affront they could have put upon the King to question his being of the Roman Communion or to detract from his Zeal for the introduction of Popery notwithstanding his own antecedent Protestations as well as the many Statutes in force for the preservation of the Reformed Religion so I must take the liberty to tell them that his Apostacy is not of so late Date as the World is made commonly to believe For though it was many Years concealed and the contrary pretended and dissembled yet it is most certain that he Abjured the Protestant Religion soon after the Exilement of the Royal Family and was reconciled to the Romish Church at St. Germains in France Nor were several of the then suffering Bishops and Clergy ignorant of this though they had neither the Integrity nor Courage to give the Nation and Church warning of it And within these five Years there was in the custody of a very worthy and honest Gentleman a Letter written to the late Bishop of D. by a Doctor of Divinity then attending upon the Royal Brothers wherein the Apostacy of the then Duke of York to the See of Rome is particularly related and an Account given how much the Dutchess of Tremoville though without being her self observed had heard the Queen Mother glorying of it bewailed it as a dishonour unto the Royal Family and as that which might prove of pernicious consequence to the Protestant Interest But though the old Queen privately rejoyced and triumphed in it yet she knew too well what disadvantage it might be both to her Son and to the Papal Cause in Great Brittain to have it at that Season communicated and divulged Thereupon it remained a Secret for many Years and by virtue of a Dispensation he sometimes joined in all Ordinances with those of the Protestant Communion But for all the Art Hypocrisy and Sacrilege by which it was endeavoured to be concealed it might have been easily discerned as manifesting it self in the whole Course of his Actions And at last his own Zeal the Importunity of the Priests and the Cunning of the late King prevailing over Reasons of State he withdrew from all Acts of Fellowship with the Church of England But neither that nor his refusing the Test enjoyned by Law for distinguishing Papists from Protestants though thereupon he was forced both to resign his Office of Lord High Admiral c. nor his declining the Oath which the Laws of Scotland for the securing a Protestant Governour enjoyn to be taken by the High Commissioner nor yet so many Parliaments having endeavoured to get him Excluded from Succession to the Crown upon the account of having revolted to the See of Rome and thereby become dangerous to the Established Religion could make impression upon a wilfully deluded and obstinate sort of Protestants but in defiance of all means of Conviction they would perswade themselves that he was still a Zealot for our Religion and a grand Patriot of the Church of England Nor could any thing undeceive them till upon his Brother's Death he had openly declared himself a Roman Catholick and afterwards in the fumes and raptures of his Victory over the late Duke of Monmouth had discovered and proclaimed his Intentions of overthrowing both our Religion and Laws Yea so closely had some sealed up their Eyes against all beams of Light and hardned themselves against all Evidences from Reason and Fact that had it pleased the Almighty God to have prospered the Duke of Monmouth's Arms in the Summer 85. the present King would have gone off the Stage with the Reputation among them of a Prince tender of the Laws of the Kingdom and who notwithstanding his own being a Papist would have preserved the Reformed Religion and have maintained the Church of England in all her Grandure and Rights And though his whole Life had been but one continued Conspiracy against our Civil Liberties and Priviledges he had left the Throne with the Character and under the Esteem of a Gentleman that in the whole course of his Government would have regulated himself by the Rules of the Constitution and the Statutes of the Realm Now among all the Methods fallen upon by the Royal Brothers for the undermining and subverting our Religion and Laws there is none that they have pursued with more Ardor and wherein they have been more successful to the compassing of their Designs than in their dividing Protestants and alienating their Affections and embittering their Minds from and against one another And had not this lain under their prospect and the means of effecting it appeared easie they might have been Papists themselves while in the mean time they had been dispensed with to protest and swear their being of the Reformed Religion and they might have envied our Liberties and bewailed their Restriction from Arbitrary and Despotical Power but they never durst have entertained a Thought of subverting the Established Religion or of altering the Civil Government nor would they ever have had the boldness to have attempted the introducing and erecting Popery and Tyranny in their room And whosoever should have put them upon reducing the Nation
and lull those into a tameness of admitting his Return into his Dominions whom a jealousie of being afterwards persecuted for their Consciences might have awakened to withstand and dispute it And to give him his due he never judged himself longer bound to the observation of Promises and Oaths made to his People than until without hazard to his Person and Government he could violate and break them Accordingly he was no sooner seated in the Throne of his Ancestors and those whom he had been apprehensive of Resistance and Disturbance from put out of Capacity and Condition of attempting any thing against him but he thought himself discharged from every thing that the Royal Word and Faith of a Prince had been pledged and 〈◊〉 to stake for in that Declaration and from that day forward acted in direct opposition to all the Parts and Branches of it For having soon after his Return obtained a Parliament moulded and adapted both to his Arbitrary and Popish Ends he immediately set all his Instruments at work for the procuring of such Laws to be Enacted as might divide and weaken Protestants and thereby make us not onely the more easie Prey to the Papists but afford them an advantage through our Scuffles of undermining our Religion with the less notice and observation How such persons came to be chosen and to constitute the Majority of the House of Commons who by their Actings have made themselves Infamous and Execrable to all Ages were a matter too large to penetrate at present into the Reasons of but that which my Theme conducts me to observe is That as they sacrificed the Treasure of the Nation to the profuseness and prodigality of the Prince and our Rights and Liberties to his Ambition and Arbitrary Will so they both introduced and established those Things which have been a means of dividing us and by many severe and repeated Laws they subjected a great number of industrious English-men and true Protestants to Excommunications Imprisonments rigorous and multiplied Fines and all this for Matters onely relating to their Consciences and for their Obedience to God in the Ordinances of his Worship and House And notwithstanding the late King 's often pretended compassion to the Dissenters it will be hard to discern them unless in Effects which proceed from very different and opposite Principles The distance which he kept them from his Person and Favour the influencing these Members of both Houses that depended upon him to be the Authors and Promoters of Severities against them the enjoyning so often the Judges and Justices of Peace to execute the Laws upon them in their utmost rigour the instigating the Bishops and Ecclesiastical Courts if at any time they relented in their Prosecutions to pursue them with fresh Citations and Censures the arraigning them not onely upon the Statutes made intentionally against Dissenters but upon those that were originally and solely enacted against the Papists these and other Procedures of that Nature are the onely Proofs and Evidences which I can find of the late King's Bowels Pity and Tenderness to them And whereas the weak Church-men were imposed upon to believe that all the Severity against the Nonconformists was the Fruit of his Zeal for the Protestant Religion and for the security of the Worship and Discipline established by Law they might have easily discovered if Passion Prejudice Wealth and Honour had not blinded them that all this was calculated for Ends perfectly destructive to the Church and inconsistent with the Safety and Happiness of all Protestants For as his seeking oftner than once to have wriggled himself into a Power of superseding and dispensing with those Laws and suspending their Execution plainly shews that he never intended the support and preservation of the Church by them so his non-execution of the Laws against Papists his conniving at their encrease his perswading those nearest unto him to reconcile themselves to the See of Rome as he did among others the late D. of Monmouth his countenancing the Roman Catholicks in their open and intollerable Insolencies and his advancing them to the most gainful and Important Places and trusts sufficiently declare that he never had any love to Protestants or care of the Reformed Religion but that all his designs were of a contrary tendency and his fairest Pretences for the Protection and Grandure of the Church of England adapted to other ends Thus the Royal Brothers having obtained such Laws to be enacted whereby one Party of Protestants was armed with means of oppressing and persecuting all others neither the necessity of their Affairs at any time since nor the Application and Interposure of several Parliaments for removing the Grounds of our Differences and Animosities by an Indulgence to be past into a Law could prevail either upon his late Majesty or the present King to forgoe the Advantage they had gotten of keeping us in mutual Enmity and thereby of ministring to their projection of supplanting our Religion and re-establishing the Faith and Worship of the Church of Rome Hereupon the last King not onely refused to consent to such Bills as diverse late Parliaments had prepared for indulging Dissenters and for bringing them into an union of Counsels and Conjunction of Interest with those of the Church of England for resisting the Conspiracies of the Papists against our Legal Government and Established Religion but he rejected an Address for suspending the Execution of the Penal Laws against Dissenters which was offered and presented unto him by that very Parliament which had framed and enacted those cruel and hard Laws And as the Royal Brothers have made it their constant Business to cherish a Division and Rancour among Protestants and to provoke one Party to persecute and ruine another so nothing could more naturally fall in with the Design of Arbitrariness or be more subservient to the betraying the Nationâ—â— Papal Idolatry and Jurisdiction For several Penal Laws against a considerable Body of People do either expose them against whom they are enacted to be destroyed by the Prince with whom the executive Power of the Law is trusted and deposited or they prove a Temptation to such as are obnoxious of resigning themselves in such a manner to the Will and Pleasure of the Monarch for the obtaining his connivancy at their violation of the Laws as is unsafe and dangerous for the common Liberty and Good of the Kingdom For in case the Supreme Magistrate pursue an Interest distinct from and destructive to that of his People they who the Law hath made liable to be oppressed are brought under Inducements of becoming so many Parisans for abetting him in his Designs in hopes of being thereupon protected from the Penal Statutes the execution whereof is committed to him And as it is not agreeable to the Wisdom and Prudence which ought to be among Men nor to the Mercy and Compassion which should be among Christians for one party to surrender another into the Hands and Power of the Soveraign to be
while ago to see connived at in the exercise of their Worship in private Houses are allowed now to practise their Idolatry openly in our chief Towns and in the Metropolitan City of the Kingdom to usurp the publick Churches and Cathedrals Those Catholick Gentlemen whom heretofore it was matter of surprise to see countenanced with the private Favour of the Prince are now advanced to the supream Commands in the Army and the principal Trust in Civil Affairs The Recusant Lords whose enlargement out of the Tower we could not but look upon as an unpresidented Violation both of the Laws of the Land and of the Rights and Jurisdiction of Parliament being committed thither by the Authority of the House of Lords upon a Charge and Impeachment of High Treason by the Commons of England in Parliament assembled were now honoured to be Members of the Privy Council and exalted to be chief Ministers of State They whom the Statutes of the Realm make subject to the severest Penalties for Apostacy to Rome are not only protected from the edg of the Laws but maintained in Parochial Incumbencies and Headships of Colledges Our Orthodox Clergy are not only inhibited to preach against Popery but are illegally Reprimanded Silenced and Suspended for discharging that Duty which their Consciences Offices Oaths and the Laws of the Kingdom oblige them unto And such whom neither the Ecclesiastical nor Westminster Courts can arraign and proceed against we have a new Court of Inquisition erected for the adjudging and punishing of them So that it is not the Dissenters who are the only Persons to be struck at and ruined but the Conformists are to be treated after the same manner and to share in the common Lot whereunto all honest and sincere Protestants are destined and designed Even they who were the Darlings of Whitehall and St. Jameses and recompensed with Honours and Titles for betraying the Rights and Priviledges of Corporations persecuting Dissenters and heading Addresses wherein Parliaments were reproached the Course of Justice against Popish Offenders was slandered the illegal and arbitrary procedures of the Court applauded and justified and all that were zealous for our Laws and Liberties stigmatized with the names of Villains and Traitors are now themselves for but discouraging Popish Assemblies and attempting to put the Laws in execution against Priests who had publickly celebrated Mass not only check'd and rebuked but punished with Seisure and Imprisonment Nor are our Religion and Civil Liberties meerly supplanted and undermined by illegal Tricks glossed over with the Varnish of judicial Forms but they are assaulted and battered in the face of the Sun without so much as a palliation to give their procedures a plausible figure And the King being brought to a despair of managing the Parliament to his barefaced Purpose of Popery and Arbitrariness and of prevailing with them to establish Tyranny and Idolatry by Law notwithstanding their having been as industriously pack'd and chosen to answer such a Design as Art Bribery and Authority could reach and notwithstanding their having been obsequious in their first Session to an excess that has proved unsafe to themselves and the Nation he became resolved not to allow them to meet any more but to set up a-la-mode de France and to his personal Commands seconded with the Assent of his durante-beneplacito-Judges to be acknowledged and obeyed for Laws So that they who were formerly seduced into a good Opinion of him are not only undeceived but provoked to warm Resentments for having had their credulity and easiness of belief so grosly abused And as the converting so vast a number of well-meaning but wofully deluded People who had suffered themselves to be hoodwink'd and fatally hurried to betray their Religion Country and Posterity to the Ambition and Popish Bigottry of the Court was a design becoming the Compassion Mercy and Wisdom of God so the Method's and Means whereby they are come to be enlightned and proselyted are a signal vindication of the Sapience and Righteousness of God in all those tremendous steps of his Providence by which our Enemies have been emboldned to detect and discover themselves For though their continuing so long to have a good opinion of the present King and their abetting him so far in the undermining our Religion and invading our Liberties may seem to have proceeded not so much from their Ignorance as from their Obstinacy and Malice yet God who penetrates into the Hearts of Men may have discovered some degrees of sincerity in their Pretentions and Carriages though accompanied with a great deal of folly and unmanliness Nor are the Lords ways like to ours to give Persons over as unteachable and irreclaimable upon their withstanding every measure of Light and the resisting even those Means which were sufficient and proper for their Conviction but he will try them by new and extraordinary Methods and see whether Feeling and doleful Experience may not convert those upon whom Arguments and Moral Evidence could make no impressions And there being among those formerly misled and deluded Protestants many who retained a Love for their Country a Care for their Posterity and a Zeal for the Gospel and Reformed Religion even when their Actions imported the contrary and seem'd to betray them the singling and weeding out such from among the Court-Faction and Party is a compensation both for the defeatment of all endeavours for the prevention of the Evils that have overtaken us and for the Distresses and Calamities under which we do at present lie and groan And if there be joy in Heaven upon the conversion of a Sinner with what thankfulness to God and joy in themselves should they who have so many years wrestled against the encroachments of Popery and Arbitrariness and who have deeply suffered in their Names Persons and Estates upon that account welcome and embrace their once erring and misled but now enlightned reclaimed and converted Brethren And in stead of remembring or upbraiding them with the opposition and rancour which they expressed against our Persons Principles and Ways let there be no Language heard from us but what may declare the joy we have in our selves for their conversion and the entire trust and confidence which we put in them The first Duty incumbent therefore upon Dissenters towards those of the Church of England is to believe that notwithstanding there have been many of them so long Advocates and Partisans for the Court through ignorance of what was aimed at and intended they are nevertheless as really concerned as any others and as truly zealous for the preservation of the Protestant Religion and for maintaining the legal Rights and Liberties of the Subject and when occasion shall offer will approve themselves accordingly 'T is a ridiculous as well as a mischievous Fancy for one Party to confine all Religion only to themselves or to circumscribe all the ancient English Ardor for the common Rights of the Nation to such as are of their particular Fellowship and Perswasion
there being sincere Christians and true Englishmen among those of all Judgments and Societies of Protestants and among none more than those of the Communion of the Church of England It were the height of Wickedness as well as the most prodigious Folly to imagine that the Conformists have abandoned all Fidelity to God and cast off all care of themselves and their Country upon a mistaken Judgment of being Loyal and Obedient to the King The contrary is plain enough they knew as well as any that the giving to Caesar the Things that are Caesar's lay them under no Obligation of surrendring unto him the Things that are God's nor of sacrificing unto the Will of the Sovereign the Priviledges reserved unto the People by the Fundamental Rules of the Constitution and by the Statutes of the Realm And they understand as well as others that the Laws of the Land are the only measures of the Prince's Authority and of the Subjects Fealty and where they give him no Right to Command they lay them under no tye to Obey And though here and there a Dissenter has written against Popery with good Success yet they have been mostly Conformable Divines who have triumphed over it in elaborate Discourses and who have beaten the Romish Scriblers off the Stage Nor can it be thought that they who have so accurately related and vindicated the History and asserted and defended the Doctrine of the Reformation should either tamely relinquish or be wanting in all due and legal Ways to uphold and maintain it And though some few of the Nonconformists have with sufficient strength and applause used their Pens against Arbitrariness in detecting the Designs of the Royal Brothers yet they who have generally and with greatest Honour appeared for our Laws and Legal Government against the Invasions and Usurpations of the Court have been Theologues and Gentlemen of the Church of England Nor in case of further Attempts for altering the Constitution and enslaving the Nation will they shew themselves unworthy the having descended from Ancestors whose Motto in the high Places of the Field was nolumus Leges Angliae mutari They who have so often justified the Arms of the Vnited Netherlands against their Rightful Princes the Kings of Spain and so unanswerably vindicated their casting off Obedience to those Monarchs when they had invaded their Priviledges and attempted to establish the Inquisition over them cannot be ignorant what their own Right and Duty is in behalf of the Protestant Religion and English Liberties for the Security whereof we have not only so many Laws but the Coronation Oaths and Stipulations of our Kings And those Gentlemen of the Church of England who appeared so vigorously in three Parliaments for excluding the Duke of York from the Succession to the Crown by reason of a Jealousy of what through being a Papist he would attempt against our Religion and Priviledges in case he were suffered to ascend the Throne cannot be now to seek what becomes them towards him having seen and felt what before they only apprehended and feared For if the Law that entaileth the Succession upon the next of Kin and obligeth the Subjects to admit and receive him not only may but ought to be dispensed with in case the Heir thro' having imbib'd Principles which threaten the Safety and are inconsistent with the Happiness of the People hath made himself incapable to inherit we know by a short Ratiocination how far we stand bound to a Prince on the Throne who by Transgressing against the Laws of the Constitution hath abdicated himself from the Government and stands virtually Deposed For whosoever shall offer to Rule Arbitrarily does immediately cease to be King de jure seeing by the Fundamental Common and Statute Laws of the Realm we know none for Supream Magistrate and Governor but a limited Prince and one who stands circumscribed and bounded in his Power and Prerogative And should the Dissenters entertain a belief that the Conformists are less concerned and zealous than themselves for the Protestant Religion and Laws of the Kingdom they would not only Sin and offend against the Rules of Charity but against the Measures of Justice and daily Evidences from Matters of Fact For neither they nor we owe our Conversion to God and our practical Holiness to the Opinions about Discipline Forms of Worship and Ceremonies wherein we differ but the Doctrines of Faith and Christian Obedience wherein we agree 'T is not their being for a Liturgy a Surpliss or a Bishop that hath heretofore influenced them to subserve the Court in Designs tending to Absoluteness but they were seduced unto it upon Motives whereof they are now ashamed and the ridiculousness and folly of which they have at last discever'd Nor is the multitude of profligate and scandalous persons with which the Church of England is crowded any just impeachment of the Purity of her Doctrine in the Vitals and Essentials of Religion or of the Vertue and Piety of many of her Members For as it is her being the only Society established by Law that attracts those Vermin to her Bosom so it is her being restrained by Law from debarring them that keeps them there to her reproach and to the grief of many of her Ecclesiasticks Neither is it the fault of the Church of England that the Agents and Factors for Popery and Arbitrary Power have chosen to pass under the name of her Sons but it proceeds partly from their Malice as hoping by that means to disgrace her with all true English-men as well as with Dissenters and partly from their Craft in order thereby the better to conceal their Design and to shrowd themselves from the Censure and Punishment which had it not been for that Mask they would have been exposed unto and have undergone And I dare affirm that besides the Obligations from Religion which the Conformists are equally under with Dissenters for hindring the introduction of Popery there are several Inducements from interest which sway them to prevent its establishment wherein the Dissenters are but little concerned For though Popery would be alike afflictive to the Consciences of Protestants of all Persuasions yet they are Gentlemen and Ministers of the Church of England whole Livings Revenues and Estates have been threatned in case it had come to be established Nor would the most Loyal and obsequious Levites provided they resolve to continue Protestants be willing that their Personages and Incumbencies to which they have have no less Right by Law than the King hath to the Excise and Customs should be taken from them and bestowed upon Romish Priests by an Act of Despotical Power and of unlimited Prerogative And for the Gentlemen as I think few of them would hold themselves obliged to part with their purses to High-way-Padders though such should have a pattent from the King to rob whomsoever they met upon the Road so there will not be many inclined to suffer their Mannours and Abbey-Lands to which they have so
good a Title to be ravished from them either by Monks or Janizaries though authorised thereunto by the Princes Commission Even they who had formerly suffered themselves to be seduced to prove in a manner Betrayers of the Rights and Religion of their Country will now being undeceived not only in conjunction with others withstand the Court in its prosecution of Popish and Arbitrary Designs but through a generous exasperation for having been deluded and abused will judge themselves obliged in vindication of their Actings before to appear for the Protestant Religion and the Laws of England with a Zeal equal to that wherewith they contributed to the undermining and supplanting of them For they are not only become more sensible than they were of the Mischiefs of Absolute Government so as for the future to prize and assert the Priviledges reserved unto the people by the Rules of the Constitution and chalk'd out for them in the Laws of the Land but they have such a fresh view of Popery both in its Heresies Blasphemies Superstitions and Idolatries and in the Treachery Sanguinariness Violence and Cruelty which the Papal Principles mould influence and oblige Men unto that they not only entertain the greatest abhorrency and detestation imaginable for it but seem resolved not to cherish in their Bosom a Thing so abominable to God execrable to good Men and destructive to Humane as well as to Christian Societies Nor are the Dissenters meerly to believe that the Conformists are equally zealous as themselves for the Reformed Religion and English Rights but they are to consider them as the only great and united Body of Protestants in the Kingdom with whom all other parties compared bear no considerable proportion For though the Nonconformists considered abstractly make a vast number of honest and useful people yet being laid in the Scale with those of the Episcopal Communion they are but few and lye in a little room And whosoever will take the pains to ballance the one against the other even where Dissenters make the greatest Figure and may justly boast of their Multitude they will soon be convinced that the number of the other doth far transcend and exceed them And if it be so in Cities and Corporations where the greatest Bulk of Dissenters are it is much more so in Country Parishes where the latter bear not the proportion of one to a hundred Nor doth the Church of England more exceed the other parties in her number than she doth in the quality of her Members For whereas they who make up and constitute the separate Societies are chiefly persons of the middle Rank and Condition the Church of England doth in a manner vouch and claim all the Persons of Honour of the Learned professions and such as have valuable Estates for her Communicants And though the other sort are as necessary in the Common-wealth and contribute as much to its Strength Prosperity and Happiness yet they make not that Figure in the Government nor stand in that Capacity of having influence upon Publick Affairs For not only the Gentlemen of both the Gowns who by reason of their Calling and Learning are best able to defend our Religion and vindicate our Laws and Priviledges with their Tongues and Pens but they whose Estates Reputation and Interest recommendeth them to be elected Members of the great Senate of the Nation as well as they who by reason of their Honours and Baronages are Hereditary Legislators are generally if not all of the Communion of the Church of England So that they who conform to the established Worship and Discipline are to be look'd upon and acknowledged as the great Bulwark of the Protestant Religion in England and the Hedge and Fence of our Civil Liberties and Rights And though it be true that this great Breach made upon our Religion and Laws is fallen out under their hand while the poor Dissenters had neither accession to nor were in a condition to prevent it yet seeing their own Consciences do sufficiently load and charge them for it with Shame and Ignominy it were neither candid nor at this Juncture seasonable to upbraid it to them or improve it to their Dishonour and Reproach For as they have tamely look'd on and connived till our Religion and Liberties are so far undermined and supplanted so it is they alone who have been in a condition of stemming the Inundation of Idolatry and Tyranny with which we were threatned and of repairing our Breaches and reducing the Prerogative to its old Channel and making Popery sneak and retreat into its holes and corners again And should the Church of England have been overthrown and devoured what an easie Prey would the rest have been to the Romish Cormorants And could the King under the Conduct of the Jesuits and with the assistance of his Myrmidons have dissolved the established Worship and Discipline they of the Separation would have been in no capacity to support the Reformed Religion nor able to escape the common Ruine and Persecution 'T is therefore the Interest as well as the Duty of the Dissenters to help maintain and defend those Walls within the skreen and shelter whereof their own Huts and Cottages are built and stand And the rather seeing the Conformists are at last though to their own Religion's and the Nations Expence become so far enlightned as to see a necessity of growing more amicable towards them and to enlarge the Terms of their Communion grant an Indulgence to all Protestants that differ from them And as we ought to admire the Wisdom of God in those Providences by which Protestants are taught to lay aside their Animosities and let fall their Persecutions of one another so it would be a Contradiction both to the principles and repeated Protestations of Dissenters to aim at more than such a Liberty as is consistent with a National Ecclesiastick Establishment Yea it were to proclaim themselves both Villains and Hypocrites not to allow their Fellow-Protestants the Exercise of their Judgments with what further Profits and Emoluments the Law will grant them provided themselves may be discharged from all obnoxiousness to Penalties and Censures upon the account of their Consciences and be admitted a free and publick Practice of their own respective Modes of Discipline and be suffered to worship God in those ways which they think he hath required and enjoyned them And were England immediately to be rendred so happy as to have a Protestant Prince or Princess as we are not now quite out of hopes ascend the Throne and to enjoy a Parliament duly chosen and acting with freedom no one party of the Reformed Religion among us must ever expect to be established and supported to the denial of Liberty to others much less to be by Law empowered to ruine and destroy them Should it please Almighty God to bring the Princess of Orange to the Crown though the Church of England may in that case justly expect the being preserved and upheld as the National
Establishment yet all other Protestants may very rationally promise themselves an Indulgence and that not only from the Mildness and compassionate Sweetness of her Temper but from the Influence which the Prince her Husband will have upon her who as he is descended from Ancestors whose Glory it was to be the Redeemers of their Country from Papal Persecution and Spanish Tyranny so his Education Generosity Wisdom and many Heroick Vertues dispose him to embrace all Protestants with an equal Tenderness and to erect his Interest upon the being Head and Patron of all that profess the Reformed Religion Had the late Duke of Monmouth been victorious against the Forces of the present King and inabled to have wrested the Scepter out of his Hand though all Protestants might thereupon have expected and would certainly have enjoyed an equal freedom without the liableness of any party to Penal Laws for matters of Religion yet he would have been careful and I have reason to believe that it was his purpose to have had the Church of Eng. preserved and maintained and that she should have suffered no alteration but what would have been to her Strength and Glory through an enlargement of the Terms of her Communion and what would have been to the Praise of her Moderation and Charity through her being perswaded to bear with such as differ from her in little things and could not prevail with themselves to partake with her in all Ordinances Upon the whole it is both the prudence and safety of Dissenters as they would escape Extirpation themselves and have Religion conveyed down to Posterity to unite their Strength and Endeavours to those of the Church of England for the upholding her against the assaults of Popish Enemies who pursue her Subversion As matters have been circumstanced and stated in England there hath not been an Affront or Injury offered or done unto her by the Court which did not at the same time reach and wound the Dissenters 'T is not her being for Episcopacy Ceremonies and imposed Set-Forms of Worship the things about which she and the Nonconformists differ that she hath been not long since maligned and struck at by the Man in Power and his Popish functo but it is for being Protestant Reformed and Orthodox Crimes under the Guilt whereof Dissenters were equally concerned and involved Being therefore in opposition to the common Cause of Religion that the late Court of Inquisition was erected over her Ecclesiasticks all Protestants jointly resented the Wrongs which she sustain'd and not only to sympathize with those dignified and lower Clergy which were called to suffer but to espouse her Quarrel with the same warmth that we would our own And as we are to look upon those of the Episcopal Communion to be the great Bulwark of the Protestant Religion and Reformed Interest in England so it was farther incumbent on Dissenters towards them and a Duty which they owe to God the Nation and themselves not to be accessary to any thing through which the legal Establishment of the Church of England might have been by an Act of pretended Regal Prerogative weakned and supplanted I never counsel the Dissenters to renounce their Principles nor to participate with the Prelatical Church in all Ordinances on the Terms to which they have straitned and narrowed their Communion For while they remain unsatisfied of the lawfulness of those Terms and Conditions they cannot do it without offending God and contracting Guilt upon their Souls nor will they of the Church of England in Charity Justice and Honesty expect it from them For whatsoever any Man believeth to be Sin it is so to him and will by God be imputed as such till he be otherwise enlightned and convinced nor are the Dissenters to be false and cruel to themselves in order to be kind and friendly to them But that which I would advise them unto is that after the maintaining the highest measure of Love to the conformable Congregations as Churches of Christ and the esteeming their Members as Christian Protestant Brethren notwithstanding the several things wherein they judge them to err and to be mistaken that they would not by any Act and Transactions of theirs betray them into a Despotical Power not directly nor indirectly acknowledge any Authority paramount unto and superseding the Laws by which the Church of England is established in its present Form Order and Mode of Jurisdiction Discipline and External Worship Whatsoever Ease arrived to the Dissenters through the Kings suspending the Execution of the Penal Laws without their Address and Application they might receive it with Joy and Humility in themselves and with thankfulness to God nor was there hereby any prejudice offered on their part to the Authority of the Law or Offence or Injury given or done to the conformable Clergy Nor is it without grief and regret that the Church-men have been forced to behold the harassing spoiling and imprisonment of the Nonconformists while in the mean time the Papists were suffered to assemble to the Celebration of their Idolatrous Worship without Censure and Controul And had it been in their power to remedy it and give Relief to their Protestant Brethren they would with delight and readiness have embrac'd the occasion and opportunity of doing it But alas instead of having an advantage put into their hand of contributing to the Relief of the Dissenters which I dare say many of them ardently wish and desire they were compelled contrary to their Inclination as well as their Interest to become instrumental in persecuting and oppressing them Nor does the late King covet a better and a more legal advantage against the Conformists than that they would refuse to pursue Dissenters and decline molesting them with Ecclesiastical Censures and civil Punishments So that their condition was to be pityed and bewailed in that they were hindered from acting against the Papists though both enjoyed by Law and influenced thereunto by Motives of self-Preservation as well as by tyes of Conscience while in the mean time they were forced to prosecute their fellow-Protestants or else to be suspended and deposed and put out of their Offices and Employments And tho I believe that they would at last have more Peace in themselves and be better accepted with God in the great Duty of their Account should they have refused to disturb and prosecute their Protestant Brethren and scorn to be any longer Court-Tools for weakning and undermining the Reformed Cause and Interest yet I could not but leave them to act in this as they should be perswaded in themselves and as they judged most agreeable to Principles of Wisdom and Conscience In the interim the Dissenters have all the Reason in the World to believe that the Proceedings of the Clergy and Members of the Church of England against them were not the Results of their Election and Choice but the Effects of moral Compulsion and Necessity Nor will any Dissenter that is prudent and discreet blame them for a matter
administred by any of them shall ever tempt me to say they deserve it or cause me to ravel into their former and past carriages so as to fasten a blot or imputation upon the party or body of them whatsoever I may be forced to do as to particular persons among them For as to the generality I do believe them to be as honest industrious useful and vertuous a people tho many of them be none of the wisest nor of the greatest prospect as any party of men in the Kingdom and that wherein soever their carriage even abstracting from their differences with their Fellow Protestants in matters of Religion hath varied from that of other Subjects they have been in the Right and have acted most agreeably to the interest and safety of the Kingdom But it can be no reflection upon them to recall into their memories that the whole tenor of the King's actings towards them both when Duke of York and since he came to the Crown hath been such as might render it beyond dispute that they are so far from having any singular room in his favour that he bears them neither pity nor compassion but that they are the objects of his unchangeable indignation For not to mention how the Persecutions that were observed always to relent both upon his being at any distance from the late King and upon the abatement of his influence at any time into Counsels were constantly revived upon his return to Court and were carried on in degrees of severity proportionable to the figure he made at Whitehall and his Brothers disposedness and inclination to hearken to him surely their memories cannot be so weak and untenacious but they must remember how their sufferings were never greater nor the Laws executed with more severity upon them than since his Majesty came to ascend the Throne As it is not many years since he said publickly in Scotland that it were well if all that part of the Kingdom which is above half of the Nation where the Dissenters were known to be most numerous were turned into a hunting field so none were favoured and promoted either there or in England but such as were taken to be the most fierce and violent of all others against Fanaticks Nor were men preferred either in Church or State for their learning vertue or merit but for their passionate heats and brutal rigours to Dissenters And whereas the Papists from the very first day of his arrival at the Government had beside many other marks of his Grace this special Testimony of it of not having the penal Statutes to which they stood liable put in execution against them all the Laws to which the Dissenters were obnoxious were by his Majesty's Orders to the Judges Justices of the Peace and all other Officers Civil and Ecclesiastical most unmercifully executed Nor was there the least talk of lenity to Dissenters till the King found that he could not compass his Ends by the Church of England and prevail upon the Parliament for repealing the Tests and cancelling the other Laws in force against Papists which if they could have been wrought over unto the Fanaticks would not only have been left Pitiless and continued in the Hands of the furious Church men to exercise their Spleen upon but would have been surrendred as a Sacrifice to new Flames of Wrath if they of the Prelatical Communion had retained their wonted Animosity and thought it for their Interest to exert it either in the old or in fresh Methods But that Project not succeeding his Majesty is forced to shift Hands and to use the Pretence of extending Compassion to Dissenting Protestants that he may the more plausibly and with the less Hazard suspend and disable the Laws against Papists and make way for their Admission into all Offices Civil and Military which is the first Step and all that he is yet in a Condition to take for the Subversion of our Religion And all the celebrated Kindness to Fanaticks is only to use them as the Cat 's Paw for pulling the Chesunt out of the Fire to the Monkey and to make them stales under whose Shroud and Covert the Church of Rome may undermine and subvert all the legal Foundations of our Religion which to suffer themselves to be Instrumental in will not in the Issue turn to the Commendation of the Dissenters Wisdom or their Honesty Nor is there more Truth in the King 's declaring it to have been his constant Opinion that Conscience ought not to be constrained nor People forced in Matters of mere Religion than there is of Justice in that malicious Insiuuation in his Letter to Mr. Alsop against the Church of England That should he see cause to change his Religion he should never be of that Party of Protestants who think their only way to advance their Church is by undoing those Churches of Christians that differ from them in smaller Matters Forasmuch as he is in the mean time a Member of the most Persecuting and Bloody Society that ever was cloathed with the name of a Church and whose Cruelty towards Protestants he is careful not to Arraign by fastning his Offence at Severity upon Differences in smaller Matters which he knows that those between Rome and us are not nor so accounted of by any of the Papal Fellowship It were to be wished that the Dissenters would reflect and consider how when the late King had emitted a Declaration of Indulgence Anno 1672. upon pretended Motives of Tenderness and Compassion to his Protestant Subjects but in truth to keep all quiet at home when in Conjunction with France he was engaging in an unjust War against a Reformed State abroad and in order to steal a Liberty for the Papists to Practise their Idolatries without incurring a Suspition himself of being of the Romish Religion and in hope to wind up the Prerogative to a Paramount Power over the Law and how when the Parliament condemned the Illegality of it and would have the Declaration recalled all his Kindness to Dissenters not only immediately vanished but turned into that Rage and Fury that tho both that Parliament addressed for some Favor to be shew'd them and another voted it a Betraying of the Protestant Religion to continue the Execution of the Penal Laws upon them yet instead of their having any Mercy or Moderation exercised towards them they were thrown into a Furnace made seven times hotter than that wherein they had been scorched before And without pretending to be a Prophet I dare prognosticate and foretell that whensoever the present King hath compassed the Ends unto which this Declaration is designed to be subservient namely the placing the Papists both in the open Exercise of their Religion and in all publick Offices and Trusts and the getting a Power to be acknowledged vested in him over the Laws that then instead of the still Voice calmly whispered from Whitehall they will both hear and feel the Blasts of a mighty rushing Wind and
seeing it hath been and still is their Custom to require the Belief of the Corporal Presence in the Sacrament as that upon the not Acknowledgment whereof we are to be accounted Hereticks and to stand condemned to be Burnt which is somewhat worse than the not being allowed to sit in the Two Houses of Parliament or to be shut out from a Civil or Military Office Neither are they required to Declare much less to Swear that the Doctrine of Transubstantiation is False or that there is no such thing as Transubstantiation as is affirmed in a Scurrilous Paper written against the Loyalty of the Church of England but all that is enjoyned in the Test Acts is that I A. B. do declare that I do believe that there is not any Transubstantiation in the Sacrament of the Lords Supper or in the Elements of Bread and Wine at or after the Consecration thereof by any Prrson whatsoever Tho the Parliament was willing to use all the Care they could for the discovering Papists that the Provision for our Security unto which those Acts were designed might be the more effectual yet they were not so void of Understanding as to prescribe a Method for it which would have exposed them to the World for their Folly 'T is much different to say Swear or Declare that I do believe there is not any Transubstantiation and the saying or declaring that there is not a Transubstantiation the former being only expressive of what my Sentiment or Opinion is and not at all affecting the Doctrine it self to make or unmake it other than what it is independently upon my Judgment of it whereas the latter does primarily Affect the Object and the Determination of its Existence to such a Mode as I conceive it and there are a thousand things which I can say that I do not believe but I dare not say that they are not Now as 't is the dispensing with these Laws that argues the King's assuming an Absolute Power so the Addressing by way of Thanks for the Declaration wherein this Power is exerted is no less than an owning and acknowledging of it and that it rightfully belongs to him There is a third thing which Shame or Fear would not suffer them to put into the Declaration for Liberty of Conscience in England but which they have had the Impudence to insert into the Proclamation for a Toleration in Scotland which as it carries Absolute Power written in the forehead of it so it is such an unpresidented Exercise of Despoticalness as hardly any of the Oriental Tyrants or even the French Leviathan would have ventured upon For having stop'd disabled and suspended all Laws enjoyning any Oaths whereby our Religion was secured and the Preservation of it to us and our Posterity was provided for he imposeth a new Oath upon his Scots Subjects whereby they are to be bound to defend and maintaim him his Heirs and lawful Successors in the Exercise of their Absolute Power and Authority against all deadly The imposing an Oath upon Subjects hath been always look'd upon as the highest Act of Legislative Authority in that it affects their Consciences and requires the Approbation or Disapprobation of their Minds and Judgments in reference to whatsoever it is enjoyned for whereas a Law that affects only Mens Estates may be submitted unto tho in the mean time they think that which is exacted of them to be Unreasonable and Unjust And as it concerns both the Wisdom and Justice of Law-givers to be very tender in ordaining Oaths that are to be taken by Subjects and that not only from a care that they may not prostitute the Name of God to Prophanation when the matter about which they are imposed is either light and trivial or dubious and uncertain but because it is an Exercise of Jurisdiction over the Souls of Men which is more than if it were only exercised over their Goods Bodies and Privileges so never any of our Kings pretended to a Right of enjoyning and requiring an Oath that was not first enacted and specified in some Law and it would have been heretofore accounted a good Plea for refusing such or such an Oath to say there was no Statute that had required it It was one of the Articles of High Treason and the most material charged upon the Earl of Strafford that being Lord Deputy of Ireland he required an Oath of the Scots who inhabited there which no Law had ordained or prescribed which may make those Counsellors who have advised the King to impose this new Oath as well as all others that shall require it to be taken upon his Majesty's bare Authority to be a little apprehensive whether it may not at some time rise in Judgment against them and prove a Forfeiture of their Lives to Justice And as the imposing an Oath not warranted by Law is an high Act of Absolute Power and in the King an altering of the Constitution so if we look into the Oath it self we shall find this Absolute Power strangely manifested and displayed in all the Parts and Branches of it and the People required to Swear themselves his Majesty's most obedient Slaves and Vassals By one Paragraph of it they are required to Swear that it is unlawful for Subjects on any pretence or for any Cause whatsoever to rise in Arms against him or any Commissioned by him and that they shall never resist his Power or Authority which as it may be intended for a Foundation and means of keeping Men quiet when he shall break in upon their Estates and overthrow their Religion so it may be designed as an Encouragement to his Catholick Subjects to set upon the Cutting Protestants Throats when by this Oath their Hands are tied up from hindering them It is but for the Papists to come Authorised with his Majesty's Commission which will not be denied them for so meritorious a Work and then there is no Help nor Remedy but we must stretch out our Necks and open our Breasts to their Consecrated Swords and Sanctified Daggers Nay if the King should transfer the Succession to the Crown from the Rightful Heir to some zealous Romanist or Alienat and dispose of his Kingdoms in way of Donation and Gift to the Pope or to the Society of the Jesuits and for the better securing them in the Possession hereafter should invest and place them in the Enjoyment of them while he lives the Scots are bound in the virtue of this Oath tamely to look on and calmly to acquiesce in it Or should his Physicians advise him to a nightly Variety of Matrons and Maids as the best Remedy against his malignant and venomous Heats all of that Kingdom are bound to surrender their Wives and Daughters to him with a dutiful Silence and a profound Veneration And if by this Oath he can secure himself from the Opposition of his Dissenting Subjects in case through recovery of their Reason a Fit of ancient Zeal should surprize them he is otherways
of his Understanding fully declares it However here is such a stroke and exercise of Absolute power as Dissolves the Government and brings us all into a State of Nature by discharging us from the ties which by virtue of Fundamental Stipulations and Statute Laws we formerly lay under forasmuch as we know no King but a King by Law nor no Power he hath but a legal Power Which through disclaiming by a challenge that the whole Legislative Authority does reside in himself he hath thrown the Gantler to three Kingdoms and provokes them to a tryal whether he be ablest to maintain his Absoluteness or they to justifie their being a free People And by virtue of the same Royal will and pleasure that he annuls which he calls suspending the Laws enjoyning the Tests and the Oaths of Allegiance and Supremacy and commands that none of these Oaths and Declarations shall at any time hereafter be required to be taken he may in some following Royal Papers give us White-hall or Hampton Court Edicts conformable to those at Verfailles which at all times hereafter we shall be bound to submit unto and stand obliged to be ruled by instead of the Common Law and Statute Book Nor is the taking upon him to stamp us new Laws exclusively of Parliamentary concurrence in the virtue of his Royal Prerogative any thing more uncouth in it self or more disagreeable to the Rules of the Constitution and what we have been constantly accustomed unto than the cassing disabling and abrogating so many old ones which that obsolete out of date as well as ill favoured thing upon Monarchs called a Parliament had a share in the enacting of I will not say that our Addressers were conscious that the getting an Absolute Power in his Majesty to be owned and acknowledged was one of the Ends for which the late Declaration was calculated and emitted but I think I have sufficiently demonstrated both that such a power it issueth and flows from and that such a power is plainly exercised in it Which whether their coming now to be told and made acquainted with it may make them repent what they have done or at least prevent their being accessory to the support of this Power in other mischievous effects that are to be dreaded from it I must leave to time to make the discovery it being impossible to foretell what a People fallen into a phrenzie may do in their paroxisms of distraction and madness Nor was the scruing himself into the possession of an Absolute power and the getting it to be owned by at least a part of the people the only Motive to the publishing the Declaration for Liberty of Conscience in England and the Proclamation for a Toleration in Scotland but a second inducement that sway'd unto it was the undermining and subverting the Protestant Religion and the opening a door for the introduction and establishment of Popery Nor was it from any compassion to Dissenters that these two Royal Papers were emitted but from his Majesty's tender love to Papists to whom as there arise many advantages for the present so the whole benefit will be found to redound to them in the issue We are told as I have already mentioned that the King is resolved to convert England or to die a Martyr and we may be sure that if he did not think the suspending the penal Laws and the dispensing with requiring of the Tests and the granting Liberty and Toleration to be means admirably adapted thereunto he would not have acted so inconsistently with himself nor in that opposition to his own designs as to have disabled these Laws and vouchsafed the Freedom that results thereupon Especially when we are told by the Liege Jesuit that the King being sensible of his growing old finds himself thereby obliged to make the greater haste and to take the larger steps lest through not living long enough to effect what he intends he should not only lose the glory of converting three Kingdoms but should leave the Papists in a worse condition than he found them His Highness the Prince of Orange very justly concludes this to be the thing aim'd at by the present Indulgence and therefore being desired to approve the Suspension of the Test Acts and to co-operate with his Majesty for the obtaining their being Repealed was pleased to answer That while he was as well as professeth himself a Protestant he would not act so unworthily as to betray the Protestant Religion which he necessarily must if he should do as he was desired Her Royal Highness the Princess of Orange has likewise the same apprehension of the tendency of the Toleration and Indulgence and therefore was pleased to say to some Scots Ministers that did themselves the honor and performed the duty that became them in going to wait upon her that she greatly commended their having no accession to the betraying of the Protestant Religion by their returning home to take the benefit of the Toleration What an indelible Reproach will it be to a company of men that pretend to be set for the defence of the Gospel and who stile themselves Ministers of Jesus Christ to be found betraying Religion thro justifying the Suspension of so many Laws whereby it was established and supported and whereby the Kingdoms were fenced about and guarded against Popery while these two noble Princes to the neglect of their own Interest in His Majesty's Favour and to the provoking him to do them all the prejudice he can in their Right of Succession to the Imperial Crown of Great Britain do signifie their open dislike of that Act of the King and that not only upon the account of its Illegality and Arbitrariness but by reason of its tendency to supplant and undermine the Reformed Religion And they are strangely blind that do not see how it powerfully operates and conduceth to the effecting of this and that in more ways and methods than are easie to be recounted For thereby our divisions are not only kept up at a time when the united Counsels and strength of all Protestants is too little against the craft and power of Rome but they who have Addressed to thank the King for his Royal Papers and become a listed and enrolled Faction to abet and stand by the King in all that naturally follows to be done for the maintaining his Declaration and justifying of the usurped Authority from which it issues 'T is matter of a melancholy consideration and turns little to the credit of Dissenters that when they of the Church of England who had with so great indiscretion promoted things to that pass which an easie improvement of would produce what hath since ensued are through being at last enlightned in the designs of the Court come so far to recover their wits as that they can no longer do the service they were wont and which was still expected from them there should be a new Tribe of men muster'd up to stand in their room and who by their
the known Laws of the Kingdom and hath been done by no legal Court but by a Sett of Mercenary Villains armed with an Arbitrary Commission and who do as Arbitrarily exercise it And as the End unto which that Inquisition-Court was instituted was to rob us of our Rights and Privileges at the mere Pleasure of the King so the very Institution of it is an Invasion both upon all our Laws and upon the whole Property of the Nation and is one of the highest Exercises of Despotical Power that it is possible for the most Absolute and unlimited Monarch to exert Among all the Rights reserved unto the Subjects by the Rules of the Constitution and whereof they are secured by many repeated Laws and Statutes there are none that have been hitherto less disputed and in reference to which our Kings have been farther from claiming any Power and Authority than those of levying Money without the Grant as well as the Consent of Parliament and of Absolving and Discharging Debtors from paying their Creditors and of Acquitting them from being Sued and Imprisoned in case of Non-payment and yet in Defiance of all Law and to the Subverting the Rights of the People and the most essential Privilege and Jurisdiction of Parliaments and to a plain changing the ancient legal Constitution into an Absolute and Despotical Governing Power the King they say is assuming to himself an Authority both of imposing a Tax of 5 l. per Annum upon every Hackney Coach and of Releasing and Discharging all Debtors of whom their Creditors cannot claim and demand above 10 l. Sterling which as they will be signal Invasions upon Property and leading Cases for the raising Money in what other Instances he pleaseth by a Hampton-Court or a Whitehall Edict without standing in need of a Parliament or being obliged to a Dependance upon their Grant for all Taxes to be levied upon the Subjects as his Predecessoâ—s have heretofore been so they may serve fully to instruct us what little Security either the Dissenters have as to being long in the Possession of their present Liberty or Protestants in general of having a Freedom continued unto them of professing the Reformed Religion if we have nothing more to rely upon for preventing our being abridged and denied the Liberty of our Religion than we have had for preserving our Property from being Invaded and broken in upon We may subjoyn to the Clause already mentioned that other Expression which occurs in the foresaid Declaration viz. That as he freely gives them leave to meet and serve God after their own way and manner so they are to take special care that nothing be preached or taught amongst them which may any ways tend to alienate the Hearts of the People from his Majesty or his Government Which words as they import the Price at which the Dissenters are to purchase their Freedom whereof we shall discourse anon so they admirably serve to furnish the King with a Pretence of retrenching their Liberty whensoever he pleaseth nor are they inferted there for any other End but that upon a Plea of their having abused his Gracious Indulgence to the alienating the Hearts of his People from him they may be adjudged to have thereby deservedly forfeited both all the Benefits of it and of his Royal Favor Nor is it possible for a Protestant Minister to preach one Sermon which a Popish Critick or a Romish Bigot may not easily misconstrue and pervert to be an Alienation of the Peoples Hearts from the King's Person and Government And of which as we have heard many late Examples in France so it will be easie to draw them into President and to imitate them in England I might add the Observation of the ingenious Author of the Reflections on his Majesty's Proclamation for a Toleration in Scotland Namely that whereas the King gives all Assurance to his Scots Subjects that he will not use invincible Necessity against any Man on the account of his Perswasion he does thereby leave himself at a liberty of Dragooning Torturing Burning and doing the utmost Violences all these being vincible to a Person of an ardent love to God and of a lively Faith in Jesus Christ and which accordingly many Thousands have been triumphantly Victorious over Nor is it likely that this new and uncouth Phrase of not using an invinsible Necessity would have found room in a Paper of that nature if it had not been first to conceal some malicious and mischievous Design and then to justifie the Consistency of its Execution with what is promised in the Proclamation Moreover were there that Security intended by these two Royal Papers that Protestant Dissenters might safely rely upon or did the King act with that Sincerity which he would delude his People into a Belief of there would then be a greater Agreeableness than there is betwixt the Declaration for Liberty of Conscience in England and the Proclamation for a Toleration in Scotland The Principle his Majesty pretends to act from That Conscience ought not to be constrained and that none ought to be persecuted for mere matters of Religion would oblige him to act uniformly and with an equal extention of Favor to all his Subjects whose Principles are the same and against whom he hath no Exception but in matters merely Religious Whereas the Disparity of Grace Kindness and Freedom that is exercised in the Declaration from that which is exerted in the Proclamation plainly shews that the whole is but a Trick of State and done in Subserviency to an end which it is not yet seasonable to discover and avow For his circumscribing the Toleration in Scotland to such Presbyterians as he stiles Moderate is not only a taking it off from its true Bottom matters of mere Religion and a founding it upon an internal Quality of the mind that is not dissernable but it implies the reserving a Liberty to himself of withdrawing the Benefits of it from all Scots Dissenters through fastening upon them a contrary Character whensoever it shall be seasonable to revive Persecution And even as it is now exerted to these Moderate ones it is attended with Restrictions that his Indulgence in England is no ways clog'd with All that the Declaration requires from those that are indulged is That their Assemblies be peaceably openly and publickly held that all Persons be freely admitted to them that they signifie and make known to some Justice of the Peace what places they set apart for these uses and that nothing be preached or taught amongst them which may any ways tend to alionate the Hearts of the People from the King or his Government Whereas the Proclamation not only restrains the Meetings of the Scots Presbyterians to private Houses without allowing them either to build Meeting-Houses or to use Out-houses or Barns but it prohibits the hearing any Ministers save such as shall be willing to swear That they shall to the utmost of their power assist defend and maintain the King in the
Fear or Courtship have enrolled themselves into the List of Addressers and under pretence of giving thanks to the King for his promise of protecting the Archbishops Bishops and Clergy and all other of the Church of England in the free exercise of their Religion as by Law established have cut the throat of their Mother at whose breasts they have suck'd till they are grown fat both by acknowledging the usurped Prerogative upon which the King assumes the Right and Authority of emitting the Declaration and by exchanging the legal standing and security of their Church into that precarious one of the Royal Word which they fly unto as the bottom of her Subsistence and trust to as the wall of her defence And as most of the Members of the Separate Societies are free from all accession to Addressing and the few that concurred were merely drawn in by the wheedle and importunity of their Preachers so they who are of the chiefest Character and greatest reputation for Wisdom and Learning among the Ministers have preserved themselves from all folly and treachery of that kind The Apostle tells us that not many wise not many noble are called which as it is verified in many of the Dissenting Addressers so it may serve for some kind of Apology for their low and sneaking as well as for their indiscreet and imprudent behaviour in this matter And it is the more venial in some of them as being not only a means of ingratiating themselves as they fansie with the King who heretofore had no very good opinion of them but as being both an easie and compendious method of Attoning for Offences against the Crown of which they were strongly suspected and a cheap and expenceless way of purchasing the pardon of their Relations that had stood actually accused of High Treason Nor is it to be doubted but that as the King will retain very little favour and mercy for Fanaticks when once he has served his Ends upon them so they will preserve as little kindness for the Papists if they can but obtain relief in a legal way And as there is not a People in the Kingdom that will be more loyal to Princes while they continue so to govern as that Fealty by the Laws of God or Man remains due to them so there are none of what Principles or Communion soever upon whom the Kingdom in its whole interest come to lye at stake may more assuredly and with greater confidence depend than upon the generality of Dissenting Protestants and especially upon those that are not of the Pastoral Order The severities that the Dissenters lay under before and their deliverance from Oppression and Disturbance now seconded with the Kings expectation and demands of thanksgiving Addresses were strong Temptations upon men void of generosity and greatness of spirit and who are withal of no great political Wisdom nor of prospect into the Consequences of Councils and Tricks of State to act as illegally in their thanks as his Majesty had done in his bounty So that whatsoever Animadversion they may deserve should they be proceeded against according to their demerit yet it is to be hoped that both they and the Addressers of the former stamp may all find room in an Act of Indemnity and that the Mercy of the Nation towards them will triumph over and get the better of its Justice As it would argue a strange and judicial infatuation should they proceed to farther excesses and think to escape the Punishment due to one Crime by committing and taking sanctuary in another thro improving their Complements into actions of Treachery so all their hope of Pardon as well as of Lenity and Moderation from a true Protestant and rightly constituted Authority depends upon their conduct and behaviour henceforward and their not suffering themselves to be hurried and deluded into a cooperation with the Court for the obtaining of a Popish Parliament All their endeavours of that kind would but more clearly detect and manifest their treachery to Religion and the Kingdom it not being in their power to out-vote the honest English part of the People so as to help the King to such a House of Commons as he desires and were it possible that thro their assistance in conjunction with violence and tricks used in Elections and Returns by the Court such a House of Commons might be obtained as would be serviceable to Arbitrary and Papal Ends yet neither the King nor they would be the nearer the compassing what is aim'd at it being demonstrable that the majority of the House of Lords are never to be wrought over to justifie this illegal Declaration or to grant the King a Power of Suspending Laws at his pleasure nor to give their Assent to a Bill for Repealing the Test Acts and the Statutes that enjoyn and require the Oaths of Allegiance and Supremacy And if they should be so far left of God and betray'd by those among themselves whom the Court hath gained as to become guilty of so enormous an act of folly and villany and should the Election of the next Parliament be the happy juncture they wait for and the improving their interest as well as the giving their own Votes for the Choice of Papists into the House of Commons be what they mean by an essential proof of their Loyalty and of the sincerity of their humble Addresses See Mr. Alsop's Speech to the King and that whereby they intend to demonstrate that the greatest thing they have promised is the least thing they will perform for his Majesties service and satisfaction as in that case they will deserve to forfeit all hopes of being forgiven so it would be an infidelity to God and Men and a cruelty to our selves and our Posterity not to abandon them as betrayers of Religion expunge them out of the Roll of Protestants strip them of all that wherein free Subjects have a Legal Right and not to condemn them to the utmost punishments which the Laws of the Kingdom adjudge the worst of Traitors and Malefactors unto There are some who thro hating of them do wish their miscarrying and offending to so unpardonable a degree that they may hereafter be furnished with an advantage both of ruining them and the whole Dissenting Party for their sakes But as the love that I bear unto them and the perswasion and belief I have of the truth of their Religious Principles do make me exceeding sollicitous to have them kept and prevented from being hurried and transported into so fatal and criminal a behaviour so I desire to make no other excuse for my plain dealing towards them but that of Solomon who tells us that faithful are the wounds of a friend while the kisses of an Enemy are deceitful and that he who rebukes a man shall find more favour afterwards than he who flattereth with the tongue POSTSCRIPT SInce the foregoing Sheets went to the Press and while they were Printing off there is come to my hands a new
Treason or Felony yet it cannot be with any colour of Reason inferred from thence that the King can entirely Suspend the Execution of those Laws relating to Treason or Felony Unless it is pretended that he is cloathed with a Despotick and Arbitrary Power and that the Lives Liberties Honors and Estates of the Subjects depend wholly on his good Will and Pleasure and are entirely subject to him which must infallibly follow on the King 's having a Power to Suspend the Execution of Laws and to Dispense with them Those Evil Counsellors in order to the giving some Credit to this strange and execrable Maxim have so conducted the Matter that they have obtained a Sentence from the Judges declaring that this Dispensing Power is a Right belonging to the Crown as if it were in the Power of the Twelve Judges to offer up the Laws Rights and Liberties of the whole Nation to the King to be disposed of by him Arbitrarily and at his Pleasure and expresly contrary to Laws enacted for the Security of the Subjects In order to the obtaining this Judgment those Evil Counsellors did before-hand examine secretly the Opinion of the Judges and procured such of them as could not in Conscience concur in so pernicious a Sentence to be turned out and others to be substituted in their rooms till by the Changes which were made in the Courts of Judicature they at last obtained that Judgment And they have raised some to those Trusts who make open Profession of the Popish Religion tho those are by Law rendred Incapable of all such Employments It is also Manifest and Notorious that as his Majesty was upon his coming to the Crown received and acknowledged by all the Subjects of England Scotland and Ireland as their King without the least Opposition tho he made then open Profession of the Popish Religion so he did then Promise and Solemnly Swear at his Coronation that he would maintain his Subjects in the Free Enjoyment of their Laws Rights and Liberties and in particular that he would maintain the Church of England as it was established by Law It is likewise certain that there have been at diverse and sundry times several Laws enacted for the Preservation of those Rights and Liberties and of the Protestant Religion And among other Securities it has been enacted That all Persons whatsoever that are advanced to any Ecclesiastical Dignity or to bear Office in either University as likewise all others that should be put in any Imployment Civil or Military should declare that they were not Papists but were of the Protestant Religion and that by their taking of the Oaths of Allegiance and Supremacy and the Test yet these Evil Counsellors have in effect annulled and abolished all those Laws both with relation to Ecclesiastical and Civil Employments In order to Ecclesiastical Dignities and Offices they have not only without any colour of Law but against most express Laws to the contrary set up a Commission of a certain number of Persons to whom they have committed the Cognisance and Direction of all Ecclesiastical Matters in the which Commission there has been and still is one of His Majesties Ministers of State who makes now publick Profession of the Popish Religion and who at the time of his first professing it declared that for a great while before he had believed that to be the only true Religion By all this the deplorable State to which the Protestant Religion is reduced is apparent since the Affairs of the Church of England are now put into the Hands of Persons who have accepted of a Commission that is manifestly Illegal and who have executed it contrary to all Law and that now one of their chief Members has abjured the Protestant Religion and declared himself a Papist by which he is become incapable of holding any Publick Employment The said Commissioners have hitherto given such proof of their Submission to the Directions given them that there is no reason to doubt but they will still continue to promote all such Designs as will be most agreeable to them And those Evil Counsellors take care to raise none to any Ecclesiastical Dignities but Persons that have no Zeal for the Protestant Religion and that now hide their Unconcernedness for it under the specious Pretence of Moderation The said Commissioners have Suspended the Bishop of London only because he refused to obey an Order that was sent him to Suspend a Worthy Divine without so much as citing him before him to make his own Defence or observing the common Forms of Process They have turned out a President chosen by the Fellows of Magdalen College and afterwards all the Fellows of that College without so much as citing them before any Court that could take legal Cognisance of that Affair or obtaining any Sentence against them by a Competent Judge And the only reason that was given for turning them out was their refusing to chuse for their President a Person that was recommended to them by the Instigation of those Evil Counsellors tho the Right of a Free Election belonged undoubtedly to them But they were turned out of their Freeholds contrary to Law and to that express provision in the Magna Charta That no Man shall loose Life or Goods but by the Law of the Land And now these Evil Counsellors have put the said College wholly into the Hands of Papists tho as is abovesaid they are incapable of all such Employments both by the Law of the Land and the Statutes of the College These Commissioners have also cired before them all the Chancellors and Arch-deacons of England requiring them to certifie to them the Names of all such Clergy-men as have read the King's Declaration for Liberty of Conscience and of such as have not read it without considering that the reading of it was not enjoyned the Clergy by the Bishops who are their Ordinaries The Illegality and Incompetency of the said Court of the Ecclesiastical Commissioners was so notoriously known and it did so evidently appear that it tended to the Subversion of the Protestant Religion that the Most Reverend Father in God William Archbishop of Canterbury Primate and Metropolitan of all England seeing that it was raised for no other end but to oppress such Persons as were of eminent Vertue Learning and Piety refused to sit or to concur in it And tho there are many express Laws against all Churches or Chappels for the Exercise of the Popish Religion and also against all Monasteries and Convents and more particularly against the Order of the Jesuits yet those Evil Counsellors have procured orders for the building of several Churches and Chappels for the Exercise of that Religion They have also procured diverse Monasteries to be erected and in contempt of the Law they have not only set up several Colleges of Jesuits in diverse places for the corrupting of the Youth but have raised up one of the Order to be a Privy Counsellor and a Minister of State By all
their Lives Liberties Honors and Estates if they should go about to preserve themselves from this Oppression by Petitions Representations or other means authorised by Law Thus did they proceed with the Archbishop of Canterbury and the other Bishops who having offered a most Humble Petition to the King in Terms full of Respect and not exceeding the number limited by Law in which they set forth in short the Reasons for which they could not obey that Order which by the Instigation of those Evil Counsellors was sent them requiring them to appoint their Clergy to read in their Churches the Declaration for Liberty of Conscience were sent to Prison and afterwards brought to a Trial as if they had been guilty of some enormous Crime They were not only obliged to defend themselves in that pursuit but to appear before professed Papists who had not taken the Test and by consequence were Men whose Interest led them to condemn them and the Judges that gave their Opinion in their Favors were thereupon turned out And yet it cannot be pretended that any Kings how great soever their Power has been and how Arbitrary and Despotick soever they have been in the Exercise of it have ever reckoned it a Crime for their Subjects to come in all Submission and Respect and in a due Number not exceeding the Limits of the Law and represent to them the Reasons that made it impossible for them to obey their Orders Those Evil Counsellors have also treated a Peer of the Realm as a Criminal only because he said that the Subjects were not bound to obey the orders of a Popish Justice of Peace tho it is evident that they being by Law rendred incapable of all such Trust no regard is due to their orders This being the Security which the People have by the Law for their Lives Liberties Honors and Estates that they are not to be subjected to the Arbitrary Proceedings of Papists that are contrary to Law put into any Employments Civil or Military Both we our selves and our Dearest and most Entirely Beloved Consort the Princess have endeavored to signifie in Terms full of Respect to the King the just and deep Regret which all these Proceedings have given us and in Compliance with His Majesties Desires signified to us we declared both by word of Mouth to his Envoy and in Writing what our Thoughts were touching the Repealing of the Test and Penal Laws which we did in such a manner that we hoped we had proposed an Expedient by which the Peace of those Kingdoms and a happy Agreement among the Subjects of all Perswasions might have been settled but those Evil Counsellors have put such ill Constructions on these our good Intentions that they have endeavored to alienate the King more and more from us as if we had designed to disturb the Quiet and Happiness of the Kingdom The last and great Remedy for all those Evils is The calling of a Parliament for securing the Nation against the Evil Practises of those wicked Counsellors but this could not be yet compassed nor can it be easily brought about For those Men apprehending that a lawful Parliament being once assembled they would be brought to an account for all their open Violations of Law and for their Plots and Conspiracies against the Protestant Religion and the Lives and Liberties of the Subjects they have endeavored under the specious Pretence of Liberty of Conscience first to sow Divisions among Protestants between those of the Church of England and the Dissenters The design being laid to engage Protestants that are all equally concerned to preserve themselves from Popish Oppression into mutual Quarrellings that so by these some Advantages might be given to them to bring about their Designs and that both in the Election of the Members of Parliament and afterwards in the Parliament it self For they see well that if all Protestants could enter into a mutual good Understanding one with another and concur together in the Preserving of their Religion it would not be possible for them to compass their wicked ends They have also required all Persons in the several Counties of England that either were in any Imployment or were in any considerable Esteem to declare before-hand that they would concur in the Repeal of the Test and Penal Laws and that they would give their Voices in the Elections to Parliament only for such as would concur in it Such as would not thus pre-ingage themselves were turned out of all Imployments and others who entered into those Engagements were put in their places many of them being Papists And contrary to the Charters and Privileges of those Boroughs that have a Right to send Burgesses to Parliament they have ordered such Regulations to be made as they thought fit and necessary for assuring themselves of all the Members that are to be chosen by those Corporations and by this means they hope to avoid that Punishment which they have deserved tho it is apparent that all Acts made by Popish Magistrates are null and void of themselves so that no Parliament can be Lawful for which the Elections and Returns are made by Popish Sheriffs and Mayors of Towns and therefore as long as the Authority and Magistracy is in such Hands it is not possible to have any Lawful Parliament And tho according to the Constitution of the English Government and Immemorial Custom all Elections of Parliament-men ought to be made with an entire Liberty without any sort of Force or the requiring the Electors to chuse such Persons as shall be named to them and the Persons thus freely elected ought to give their Opinions freely upon all Matters that are brought before them having the good of the Nation ever before their Eyes and following in all things the Dictates of their Conscience yet now the People of England cannot expect a Remedy from a Free Parliament legally Called and Chosen But they may perhaps see one called in which all Elections will be carried by Fraud or Force and which will be composed of such Persons of whom those Evil Counsellors hold themselves well assured in which all things will be carried on according to their Direction and Interest without any regard to the Good or Happiness of the Nation Which may appear evidently from this that the same Persons tried the Members of the last Parliament to gain them to consent to the Repeal of the Test and Penal Laws and procured that Parliament to be dissolved when they found that they could not neither by Promises nor Threatnings prevail with the Members to comply with their wicked Designs But to Crown all there are great and violent Presumptions inducing us to believe that those Evil Counsellors in order to the carrying on of their ill Designs and to the gaining to themselves the more time for the effecting of them for the encouraging of their Complices and for the discouraging of all Good Subjects have published that the Queen hath brought forth a Son tho there have
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
Protestant and a Free man and therefore the Case being thus I shall think my self false to my Country if I sit still at this time I am of Opinion that when the Nation is Deliver'd it must be by Force or by Miracle It would be too great a presumption to expect the latter and therefore our Deliverance must be by Force and I hope this is the Time for it a Price is now put into our Hands and if it miscarry for want of Assistance our Blood is upon our own Heads and he that is passive at this Time may very well expect that God will mock when the Fear of Affliction comes upon him which he thought to avoid by being indifferent If the King prevails farewel Liberty of Conscience which has hitherto been allowed not for the sake of the Protestants but in order to settle Popery You may see what to expect if he get the better and he hath lately given you of this Town a taste of the Method whereby he will maintain his Army And you may see of what sort of People he intends his Army to consist and if you have not a mind to serve such Masters then stand not by and see your Country-men perish when they are endeavouring to defend you I promise this on my Word and Honour to every Tenant that goes along with me That if he fall I will make his Lease 〈◊〉 good to his Family as it was when he went from home The thing then which â—â—se â—esire and your Country does expect from you is this That every Man that hath a toâ—rable Horse or can procure one will meet me on Boden-Downs to morrow where I Rendezvouz But if any of you is rendred unable by reason of Age or any other just Excuse then that he would mount a fitter person and put five Pounds in his Pocket Those that have not nor cannot procure Horse let them stay at home and assist with their Purses and send it to me with a particular of every Mans Contribution I impose on no Man but let him lay his Hand on his Heart and consider what he is willing to give to recover his Religion and Liberty and to such I promise and to all that go along with 〈…〉 if we prevail I will be as industrious to have him recompensed for his Charge and â—â—azard as I will be to seek it for my self This Advice I give to all that stay behind That when you hear the Papists have committed any Out-rage or any Rising that you will get together for it is better to meet your danger than expect it I have no more to say but that I am willing to lose my Life in the Cause if God see it good for I was never unwilling to die for my Religion and Country 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 WE do engage to Almighty God and to his Highness the Prince of Orange and with one another to stick firm to this Cause and to one another in the Defence of it and never to depart from it until our Religion Laws and Liberties are so far secured to us in a Free-Parliament that we shall be no more in danger of falling under Popery and Slavery And whereas we are engaged in the Common Cause under the Protection of the Prince of Orange by which means his Person may be exposed to Danger and to the desperate and cursed Designs of Papists and other bloody Men we do therefore solemnly engage to God and to one another That if any such Attempts be made upon him we will pursue not only those that made them but all their Adherents and all we find in Arms against us with the utmost Severity of just Revenge in their Ruin and Destruction and that the executing any such Attempt which God of his Infinite Mercy forbid shall not deprive us from pursuing this Cause which we do now undertake but that it shall encourage us to carry it on with all the Vigour that so Barbarous Approach shall deserve The Declaration of the Nobility Gentry and Commonalty at the Rendezvouz at Nottingham Nov. 22. 1688. WE the Nobility Gentry and Commonalty of these Northern Counties assembled together at Nottingham for the Defence of the Laws Religion and Properties according to those free-born Liberties and Priviledges descended to us from our Ancestors as the undoubted Birth-right of the Subjects of this Kingdom of England not doubting but the Infringers and Invaders of our Rights will represent us to the rest of the Nation in the most malicious dress they can put upon us do here unanimously think it our Duty to declare to the rest of our Protestant Fellow-Subjects the Grounds of our present Undertaking We are by innumerable Grievances made sensible that the very Fundamentals of our Religion Liberties and Properties are about to be rooted out by our late Jesuitical Privy Council as hath been of late too apparent 1. By the King's dispensing with all the Establish'd Laws at his pleasure 2. By displacing all Officers out of all Offices of Trust and Advantage and placing others in their room that are known Papists deservedly made incapable by the Establish'd Laws of our Land 3. By destroying the Charters of most Corporations in the Land 4. By discouraging all Persons that are not Papists preferring such as turn to Popery 5. By displacing all honest and conscientious Judges unless they would â—â—ntrary to their Consciences declare that to be Law which was meerly arbitrary 〈…〉 By branding all Men with the name of Rebels that but offered to justifie the Law 〈…〉 a legal course against the arbitrary proceedings of the King or any of his corrupt Ministers 7. By burthening the Nation with an Army to maintain the Violation of the Rights of the Subjects 8. By discountenancing the Establish'd Reformed Religion 9. By forbidding the Subjects the benefit of Petitioning and constâ—â—ing them Libellers so rendring the Laws a Nose of Wax to serve their Arbitrary 〈…〉 And many more such-like too long here to enumerate We being thus made sadly sensible oâ— he Arbitrary and Tyrannical Government that is by the Influence of Jesuitical Counsels coming upon us do unanimously declare That not being willing to deliver our Posterity over to such a Condition of Popery and Slavery as the aforesaid Oppressions inevitably threaten we will to the utmost of our power oppose the same by joining with the Prince of Orange whom we hope God Almighty hath sent to rescue us from the Oppressions aforesaid will use our utmost Endeavours for the recovery of our almost ruin'd Laws Liberties and Religion And herein we hope all good Protestant Subjects will with their Lives and Fortunes be assistant to us and not be bugbear'd with the opprobrious Terms of Rebels by which they would fright us to become perfect Slaves to their Tyrannical Insolences and Usurpations
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
suffer upon a mighty reasonable account For first It is the best way to overcome my Faith can Triumph so by no other Victory as by Death for that is a Victory never to be lost again 2. Though I die the Tyrant hath not his end but is by that means utterly defeated of it And 3. I shall be an infinite gainer by it for I shall have an infinite Reward for what I suffer and what I lose But there is a vast difference between suffering for the Faith of Christ and for the frame of a Political Government for if I may not resist I am overcome 2. If I am overcome the Tyrantgets his End namely an Arbitrary Power And 3. He has promis'd no Reward for such Voluntary entering into Bondage or owning an usurped Authority The Church and the frame of the State stand upon Two several Bottoms God has promised to support the Church and there needs no Arm of flesh to defend it under the worst of governments But the frame of every government is a Humane Structure and though God does impower and authorize every government yet he has left the Choice of the several kinds to the parties and has promised to bless them in the just Administration of their several Choices but no where has he promised to support the particular frame they chose that as their prudence raised it or it must fall at every King's pleasure and when they have chosen out the Frame God that approves it grants neither the King nor the people greater priviledges than the Frame it self expresses which in diverse Nations is different some submitting to be governed by the will of him they Voluntarily chose Others to one that will govern by Laws of their own making and his approving Others to one of their precedent Kings Race or Line Others to a multitude Others to a few of the best and presumptively wisest Persons and every peoples choice must be the measure of their Obedience if they have made an ill Bargain they must stand to it and if they have made a good one they may stand for it If therefore any Governor challenge more of the Subject than is in the Submission That Subjects may by the Laws of God and Man deny to yield it And if the Prince deny to give the Subject as much as in the Grant the Subject may challenge his Right and if by Force or Fraud contrary to the Frame of the government the Governor will force the governed from his Right the Obligation of subjection ceases so far and he may defend himself from the oppression and injustice as well as he can Obj. 2. But he must defend himself in God's way his defence must be without Sin And that is either by Prayers to God or Intreaties to the Prince or by Suffering for the Scripture says all Power are of God and they that resist the Power resist the Ordinance of God Rom. 13.2 And St. Peter gives Christians in Charge that they submit to every Odinance of Man for the Lord's sake Answ All Powers indeed are of God that is every Government has God's Warrant to proceed according to the Frame of the government to the End of the government which is the publick Good The Power is of God but the Restraint of the Power is in the Frame of the government and the Frame is an humane Ordinance or Structure as the Apostle elegantly Expresses it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he therefore that resisteth the government proceedeth according to the Frame of thegovernment resisteth the Ordinance of God But if the Governor proceed neither according to the Frame of the government nor to the End but against it such Process cannot be the Ordinance of God unless God have two contradictory Ordinances of Force at one time in the same Government and then the command may be true and false and the Subjects duty good and evil and men would be perpetually distracted with serving two Masters This would make the Government God's and the Devil 's and as no less than to put a Blasphemous Juggle upon the Ordinance of God which is always simple and at one with it self These Scriptures therefore can tye us to obey the Governor contrary to the Government because they tye us to obey the government and that this is all they tye us from resisting is evident by the Reason St. Paul gives which is because the Resisters resist the Ordinance of God and therefore it is warily exprest if it were but as warily read for it is not whosoever resisteth the person or the will of the Governor but whosoever resisteth the Power and that Power is neither more nor less than the Frame of the government expresses resisteth the Ordinance of God and to this Resistance the Penalty is annexed But it does not follow because I may not resist the Ordinance of God that I may not resist the powerless and inauthoritative unjust Attempts of Superiours upon me for then a Souldier might not resist his Captain that would rob him nor a Married Man-servant his Master that would force his Wise This I think evidences That to resist a Superiour and his evil Instruments and Accomplices while they Act contrary to the Frame of the Government is not to resist the Power of God or the Ordinance of God but to keep off those who usurp upon the Power of God and the Frame of the Government and the just Rights of others For I would fain know of the Doctors of Non resistance whether the Act that contains the Test have the stamp of God's Authority upon it or no if it have not the Power of the King and Parliament is no Power of God if it have then to resist that is to resist the Ordinance of God And those Commissions that are contrary to it have no power from God If the affirmative be true the negative is of no force And therefore to resist such Commissions is not to resist the Ordinance of God unless God's Ordinances be contradictory and that would render God guilty of double dealing as well as the Jesuits Which being utterly impossible it must be concluded That the resisting such Commissions and the Instruments acting by them is not to resist Lawful Authority but to remove Unlawful not to do evil but to hinder it not to sin but to prevent Sinners for doing mischief and it would be very hard measure for a Man to be damn'd for doing such a good Office Bishop Bilson therefore speaking of this Text says It is not resisting the King's Will against Law but according to Law that is forbidden And both Barclay and Grotius affirm That the People may in diverse Cases resist Kings that are tyed to govern by Law which they could not do did they think these Scriptures forbad all resistance Much indeed is said from the Practice of the Jews and the Primitive Christians and the Subjection of Servants but nothing to the purpose for their Case is not ours more than their frame of
Government is ours their Servants were Slaves and their Kings and Emperours Wills were their Laws their People had no Magna Charta's to show nor Fundamental Compacts and so could plead no injustice in any command the frame of the Government Warranted all those commands that had the Royal pleasure Their Political Power was more extensive than their Moral Power The People were wholly at the Mercy of the Prince All their Laws were Acts of Grace not fundamental Reserves and inherent Rights and therefore in Spirituals they had no Cause to resist and in Temporals they might not as was observed above If they had been under limited Governments as we are we might have heard of Blows as well as Words St. Paul was never so virulent with his Tongue as when he was smitten contrary to Law Obj. 3. But the Person of the King is sacred and must not he touched Answ I say so too but it is his just Power that makes him so And therefore in dangerous times he is to be counselled and perswaded to secure himself by keeping within the Sanctuary of the Laws and holding them forth for the Publick Good by gaining the Affections of the People and being content with that measure of Power that is proper to the Government For if he doth not Right may and ought to be defended and resistance for the Publick good of Illegal Commissioned Forces is not resisting the King's Person but his Forces nor his Power but his Force without Power If none would execute the King's contradictory Commands none would resist and if he will against all Justice Prudence and Perswasions joyn with wicked Men and wilfully expose himself to the mercy of blind Bullets charge is to be given to all that none kill him wittingly or wilfully the hand that lifted him up may not pull him down God forbid that any should think of killing him de industrâ or despair of his repentance before God does nothing past can prejudice a Penitent before God and I hope not before Men thus the King's person and power will be safe in the midst of a Civil War not so safe as in peaceable times but as safe as can consist with the Subjects Right when their Religion and Laws Liberty and Property are Violently invaded And therefore if any thing befall his person by their hands it is but a chance and accidental thing which may happen also in peaceable times This shows that Resisting the King 's illegal commission'd Forces in defence of their own just Rights is not resisting the Ordinance of God and consequently no Sin and then the Conscience is not tyed otherwise than the Laws of the Land and the particular Frame of the government tyes it Obj. 4. But to resist the King or his Commissioners is against the Frame of the Government it being a Monarchy and against the Laws and Statutes of the Realm Answ If it be so it is a great Sin but as it is certain this is a Monarchy so it is certain that it is limited in the Foundation otherwise the King would have all the Legislative Power and the Parliment no Authority or Right but derived from him and then he must be Arbitrary and we Slaves and all our Laws must be acts of Grace not Fundamental Rights Not from any inherent power reserved at the Institution to our selves and never submitted to the Princes but from the gracious condescention of an Absolute Monarch which is contrary to the Story of all times which shows that the people ever claimed Liberty and Property according to their Ancient Laws and Customs not as a Gift but as a Right inherent in themselves and never Transferred Aliened or Conveyed to any King but Declared Recognized and Confirmed to them by many I shall therefore suppose what I think none can upon sufficient grounds deny that the King is bound by all the sacred Tyes of God and Man to govern by the Laws and not otherwise neither by a Foreign Law nor by one of his own framing nor by any Word or Will contrary to Law seeing nothing can have the force of Law here but what has the joynt Consent of King and Parliament and that in a Parliamentary way and this shows us in the Terms of Submission that are sworn to on both sides The King and the people by a joynt consent makes Laws and make them the common Rule betwixt them the King swears to observe the Laws and the people swear to obey the King and to leave the Execution of the Laws to the King to be managed for the publick good Therefore as long as he governs by Law he and all his Ministers are safe enough from Resistance the Resister being lyable to be punished both by God and Man and the sole administration being left to the King Subjects all but himself to Criminal process and even himself to Civil but his person and power are safe in both he may be severe in the Execution of the Laws many times but not unjust As if he will not suspend a Burthensom Law or Revive an Antiquated one when the publick good requires it This may render him uncharitable or imprudent but he is safe yet For though he be bound to proceed according to Law yet he is not tyed to proceed always according to the best Methods when there are diverse But if he stop the Courts of Justice erect new ones or proceed contrary to Law he Acts without Authority and against his own Authority and puts on a kind of a Vizard that his Subjects can neither know him nor their Duty for it is the Laws that direct them to the person of the King and their own Duty without which they could know neither And if the End be not the publick good it is downright Injustice as well as politically powerless Necessity indeed may justifie a Political unlawful Act for the Publick good As in case of an Invasion to burn a garrison rather than it should be a refuge for the Enemy or to open Sluces and to drown a part of the Country for though these things have not the form of the Law they have the reason and that is Publick good And therefore it is not Law but Necessity not the King's Command but Publick good that warrants these Acts. And when Peace returns the Injured are to have satisfaction made by the Publick not as of Charity but as of Justice which shows that the Law looks upon it as a Trespass justified only by Necessity and the Publick good And the particular Persons here have reason to be quiet and make no resistance because they shall reap double benefit by it one in the Publick good and another from the Publick Treasure But it does not follow that if the King in an angry mood should command his guards to fire Newmarket because he had lost an Horse-race there or had a mind to have a Bonefire because he had won one that the Inhabitants might not resist them Obj. 5. By what Law
as long as the King is safe and his just Power and Prerogatives the Government is in no danger and there is not the least Colour imaginable that those that have surrendered their Offices and Honours the Court and the King's Favour for preserving the Government and are now ready to hazard their Lives in defence of it will ever alter it No their design is to preserve it a greater Evidence of which they could not give at present than to petition for a Free Parliament Obj. 17. But this casts dirt upon the Frame of the Government leaving room for perpetual quarrelling Answ 1. Neither this nor any other Government that I know of affords absolute means of Peace and Preservation The Government is effectual enough so far as it reaches but it is not extensive enough If the Monarch were Arbitrary then no Cause could introduce Resistance the Nation might be at Peace but the Subjects could not be safe and Liberty and Property would be lost Therefore if Safety Liberty and Property be worth the preserving they must be defended when wicked Men would wrest them from us The Constitution of this Government is such That if the King and Parliament or the King and the Subjects differ about Fundamental Rights they have no way to reconcile the Difference but by their own Consent If the King without the Parliament could determine the Difference he would be Arbitrary and if the People or the Parliament could determine it without him they would be Supream and then it could be no Monarchy and if the Judges had the determining Power they would get the Supremacy from both and if a Foreigner were to decide the Matter he would seek his own Advantage so that they must either condescend for Peace sake to one anothers Proposals so as not to destroy the Government or they must suffer the Grievance and let the Quarrel fall for a time till the injurious can be worn to a compliance or they must fight it out for that is their going to Law the Souldiers are their Jury-men and Victory is their Verdict For the Question is not about breach of Government but whether that be the Government or no and seeing this Cause transcends the executive Part of the Government it cannot be decided by Legal Progress but by Law-makers and if they cannot agree Men are at liberty to join with that side they judg in the right Reason and Conscience must be their Guide the Law cannot and they that proceed on this ground are their own Warrants on either side for neither have a Legal Power to determine the other Therefore the Power of Judging is neither Authoritative nor Civil and so argues no Superiority in those that judg but only a Power residing in reasonable Creatures or judging of their own Act of which they never were devested by any lawful Authority and therefore may lawfully use upon such Occasions and though the Government does not Warrant a Civil War in such a case yet the End and Reason of this Government does For it being fram'd to prevent the exorbitant Power of the Prince for the publick Good he that fights for the publick Good against an Usurped Power or an Arbitrary Invader of the Governments Rights is justified by the design and intendment of the Frame and consequently by the Equity of the Government though not by any prescribed Form For seeing many things are morally honest and profitable that are not reduced into positive Laws Men cannot proceed to those things if at any time they become necessary by prescribing Forms of Law because they have none and so in this case the Question being not about Breach of Law but what is Law And the Law not able to satisfy both King and People each claiming contrary Rights from the same Laws the Decision of this Case though it be very good and profitable for this Nation yet has no prescribed form of Law to direct us to and therefore both King and People are to proceed according to moral Honesty to the end of the Government that is the publick Good The Conclusion of all which is That seeing resisting of Illegal and Arbitrary Forces in defence of the Laws and Publick Interest of the Land is not against the Scriptures and consequently no Sin nor against moral Honesty and consequently no Crime not against Law but Law-breakers not against true Allegiance or any Prerogative of the Crown no Rebellion no Usurpation of the Sword nor Criminal Disobedience and not incommodious or unsafe for the Publick in respect of the impendant Injuries and Hazards it removes nor inconsistent with the Frame of Government which cannot otherwise decide an obstinate Difference betwixt King and People I cannot but conclude it is a very worthy and virtuous Act to be in Arms for defence of the Laws the King 's just Rights and the Publick Good and consequently that those Gentlemen who are in Arms for defence of our Laws Liberties and Lives against Illegal Forces Arbitrary Commands and Usurped Powers are in a virtuous Post For if the Subjects Right might not be defended by this means it would be all lost it being all one in these days to have no Right and to have no sufficient means to defend it The Doctrine of Non-resistance plainly puts all we have into an ill King's hands and the good Ones will scarce part with what they are apt to love so dearly and we parted with so freely should we therefore preach this Doctrine to our Princes and tell them that they might take what we have without danger or opposition we should teach them to try our Patience if all must be referr'd to their Consciences they will soon without the help of a Jesuit find case enough and cause enough to secure that and leave the examination of them to the latter Day hatred of our Persons love of our Estates disgust at our Words or Actions or dislike of our Religion will soon judg us unworthy of our Liberty and Property as well as it has already done of our Offices Honours and Preferments Passion and Scorn Pride and Ambition Covetousness and Prodigality would all prey upon what we had with a quiet though not with a good Conscience but especially if the King were poor and necessitous either by wilful Profuseness or Negligence for Nature would even tell him in such a Case That we had all better want than he and then farewel Property the worst you could do him was but to pet and cry a bit and perhaps that might become a Pleasure to him too and then you had nothing to rest on but that God would give you the Kingdom of Heaven for beggering your selves impoverishing the Church and giving what you had to the Devil's Service an ill Ground for such costly Hopes to stand upon 2. This Doctrine renders Government prejudicial to the greatest part of Mankind depriving them of all just Defence For the illegal Force bars them of legal Defence and the Doctrine of Non-resistance
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
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
perceive it not this is the sore evil we are under For I would not doubt the Countries carrying it from the Court in every Vote let the Courtiers use all the Art they could would the Country Gentlemen but give themselves the trouble to enform their understandings a little and not suffer themselves to be hurried by a heedless Inadvertency into Vulgar Notions Which if well examined are directly contrary to their honest Intentions for lack of which they totally mistake their Interests fall foul on their Friends support their Enemies and carry on the Designs of the Court whilst they aim at the Service of their Country For if they would take the pains but to think what is the greatest Enemy in the World English Law and Liberty always had still hath and ever must have It may be the result of such a Thought would say it was Encroaching Prerogative Well if then they would but beg from themselves but so much Seriousness as to think this second Thought to check this Prerogative which is so dangerous an Enemy to our Laws and Liberties peradventure that Thought would answer In suppressing all they could its Creatures and Dependants and supporting such whose Interest it is to keep Prerogative within its just bounds Now could they but be prevail'd with but to think a third Thought it would land them at the full and satisfactory Solution of the Question and will hold in every thing But I will put it in a Case wherein we are most apt to Err and wherein we reckon it no less than Piety to play the Fool to the end you may see how miserably we are cheated and abused by sucking in the untried Notions that Education the Arts of others or our own Ignorance have imposed upon us The third Thought therefore shall be this Which are most the Creatures and Supporters of boundless Prerogative Prelates or Dissenting Protestants The Answer to which must and can be no otherwise The Prelates Well then if we would now reduce this to Practise and say The greatest Friends to Prerogative are the Prelates the greatest Enemies to our Laws and Liberties is Prerogative The only way therefore to restrain Prerogative is to do What To fortifie and strengthen the Yoke of the Prelates over the Neck of the People No Surely this were an odd and a barbarous kind of reasoning But to give Liberty to Dissenting Protestants as the best means to keep up the Ballance against boundless Prerogative For these must and never can be otherwise unless by Accident and by Mistake than Friends to Liberty But the Prelates neither are nor can be otherwise then Creature to Prerogative for all their Promotions Dignities and Domination depends upon it The same might be said concerning the only antient and true Strength of the Nation the Legal Militia and a Standing Army The Militia must and can never be otherwise than for English Liberty ' cause else it doth destroy it self but a Standing Force can be for nothing but Prerogative by whom it hath its idle Living and Subsistance I could instance also in many other Particulars but our Inadvertency in this is Demonstration enough how much we are cheated by the common and hackney Notions imposed upon us and this is almost the cause of all the Error we commit For missing our true Footing you see we have run in the mistaken Notion of being for the Church so long till we have almost destroyed the State and advanced Prerogative so much by suppressing Nonconformity that it 's well nigh beyond our reach or power to put a check to it and had not Time and but an indifferent Observation shewed us how much we were abused in this matter and that a Lay-Conformist and a Fanatick can live as quietly and neighbourly together would the Prelates but suffer them as any in the world we had ruined our selves past all recovery For by our â—ouying up the Bishops in their harsh and irreconcilable Spirit instead of healing we have so fed and nourished the Discontents throughout the Kingdom that I think nothing keeps the Fire from Flaming out a fresh in another intestine War but the bare Circumstance of Opportunity only and how long that will be able to restrain Passions that are made wild by Oppression is worthy a very serious Consideration and therefore there is hardly any thing more a wonder to wise men then to see the Clergy run at this rate upon the Dissenters wherefore since the Nonconformists have given so large and ample a Testimony of their willingness to live Peaceably if yet notwithstanding the Clergy will not suffer them to be quiet in their Families and their Houses I doubt they may at one time or other drive them into the Field and then it may exceed their Divine Art to conjure them down again for he sees but little that sees not the English Temper is better to be led then driven And therefore I think it would not be more a Vanity to compel the Ladies to wear Queen Elizabeths Ruff then to force the Nonconformists to be drest in her Religion Nor yet are these all the Arts we are under For we have a Gang that Huff and bear themselves high on the Country side but earn only for the Court these lay out their Craft in putting the House upon little trifling things and spend and waste the Mettle thereof upon such pittiful Pickadilloes as 't is next to shame for an English Parliament so much as to mention These start a fierce Dispute about some little Matter and keep a bluster as if none were such faithful Patriots as they when they do it on purpose only to while out the Time and thin the House by tiring the honest Country Gentry in so tedious fruitless and trifling Attendance Do but move things worthy a Parliament as that we may have our â—â—d known Rights of Annual Parliaments ascertained That none that are or shall be bribed by any Place or Office shall ever sit in this House That Parliaments ought not to be Prorogued Adjourned or Dissolved till all Petitions are heard and the Grievances of the People redressed with many things more of as great Importance O then forsooth their pretended Loyalty which in plain English is easily understood will not abide such unmannerly and clownish Debates as these and twenty such little shreds of Nonsence are impertinently urged instead of Argument But further these Countrey-Court Engines after they have taken the Measures of the House at the opening of every Session by our Thanks for the gracious Speech which being the true Pulse of the House if it happen to come so hard as speaks us but faint and cool to the one thing necessary the matter of Money then they know what will follow that the Court will get no Grist that Sessions and though the Court in Indignation could turn them home on the Morrow yet it must consult its Reputation a little restrain its Resentments and suffer them to sit about a six Weeks
prevent or Check the French will have an Army of at least 50000 Men about Lorain Luxenburg and Burgundy to face the Imperialists and at the same Time with as many more perhaps they will seize upon the Dutchy of Juliers and of Cleves and from thence pass the Rhine to countenance those that are of the French Cabal on the side of Westphalia and so in due time several other Princes of the Empire It is remarkable that in Three Years War against the Confederates his most Christian Majesty has not only stood his ground without losing so much as one Inch of his Ancient Patrimony but actually and almost without Opposition taken several Towns and some entire Provinces from the Principals of the Confederacy And made himself almost as considerable at Sea as he is at Land Not only in the Mediterranean and upon the Coasts of Spain and Italy but in America too where he has laid a Foundation of great Mischief both to England and Holland in the point of Commerce if not timely prevented And he does little less by his Money than by his Arms for he pays all and with French Money under pretext of Neutrality maintains considerable Armies in the very heart of the Empire which 't is feared will be ready enough upon any distaster to joyn with the Common Enemy It is the French Court that manages the Counsels of Poland and they govern the Swisse no less who by the Conquest of the Franche County are made little better then slaves And yet by a fatal Blindness that Republick still furnishes the French with the best of their Soldiers and helps forward the Destruction of Europe never dreaming that they themselves are to be undone too at last But it is no great matter you 'l say to impose upon the Swisse which are a heavy and Phlegmatick People but the French Charms have bewitch'd even Italy it self though a Nation the most Clear-sighted and suspicious of all others For their Republicks lie as quiet as if they were asleep though the Fire is already kindled in Sicily and the Danger brought home to their own Doors It is a wonder that they lay things no more to heart considering First the Passages the French have to favour their Entry Secondly That they are many and small States weak and easily to be corrupted if not so already Thirdly that though they have been formerly very brave and many particulars remain so still yet in the generality they are soft and effeminate And Fourthly that the French is there the Master of the Seas These Reflections methinks might convince any Man of the Condition they are in And certainly they that were not able to defend themselves against Charles the Eighth will be much less able to encounter Lewis the 14th Or if he gets in to drive him out again as they did the Other For they must do it wholly upon their own Strength having only the Turk in Condition to help them For Germany and Spain are sunk already And the Swisse will neither dare to venture upon 't nor are they able to do it if they had a mind tot As for Spain it is neither Populous nor fortifi'd and perhaps want of Provisions may keep it from an Invasion And yet for all that with a Body of Thirty or Forty Thousand Men by the way of Fontaraby and as many by Catalonia the French may if they please in two Campania's make themselves Masters of Navarre Arragon Catalonia and Valentia and then it is but fortifying the Frontiers and making his Catholick Majesty a Tributary in Castile Who must content himself to take what they please to give him over and above in consideration of his Dominions in Italy and the Spanish Indies A Possibility that England and Holland shall do well to think of For when he has the Mines in his Power and Europe under his Feet there will be no contending After this they have only the Swisse or the English to fall upon next For the Former they are neither fortified nor united in Affections or Religion As for England They are a People not naturally addicted to the French sensible of their Honour and of their Interest and the whole World is convinced of their Courage They are United under the Government of a Gracious Prince and their Concerns are at this Instant lodged in the hands of the most Loyal and Publick-spirited Representatives that ever acted in that Station beside the Strength of the Island by Situation So that the French would find it a hard matter either to make a Conquest here or if they should surprize it to keep it But yet they have finer Ways to Victory than by Force of Arms and their Gold has done them better Service than their Iron What have we now to do then but in a Common Cause to arm against a Common Oppression This is the time or never for Italy to enter into a League for their Common Safety and not only to keep but if possible to force the French from their Borders while the Imperial Army holds the Capital Power of France in Play And this is the time too for the Swisse to recal all their Troops out of the French Service and to strike a general League also for the Recovery of Burgundy the only Outwork of their Liberties and to expel the French Garrisons and deliver the places into the hands of the Right Owners And will it not concern Poland as much as any of the rest that stands and falls with the Empire as the Defence of Christendom against the Turks and whose own turn is next This Alarm methinks should call off the Princes from the Acquisitions they have made upon part of the Swedes Possessions in the Empire to the Assistance of the Spanish Netherlands and make all the French Mercenaries in the Empire to bethink themselves of returning from the Delusions which either the French Artifice or Money has imposed upon them He that has no regard for the Head will have less for the Dependences when he has them at his Mercy Nay the very French themselves should do well to contemplate the Slavery that is now prepar'd for them Their Laws and Liberties are trampled upon and till the French Government be reduc'd to the Bounds of its Ancient Constitution neither the People nor their Neighbours can ever be secure In this dangerous Crisis of Affairs it has pleas'd Divine Providence to leave England the Arbitress of the Fate of Europe and to annex such advantages to the Office that the Honour the Duty and Security of this Nation seem to be wrapt up together In the Point of Honour what can be more Generous than to succour the Miserable and the Oppress'd and to put a stop to that Torrent that threatens Christendom with an Universal Deluge Beside the Vindication of our selves for those Affronts and Indignities both Publick and Private that we have suffer'd upon our own Account And then in matter of Duty It is not only Christendom
most willingly bind our selves every one of us to the other joyntly and severally in the Band of one Firm and Loyal Society And do hereby Vow and Promise by the MAJESTY OF ALMIGHTY GOD That with our whole Powers Bodies Lives and Goods and with our Children and Servants We and every of us will faithfully serve and humbly obey our said Sovereign Lady Queen Elizabeth against all States Dignities and Earthly Powers whatsoever and will as well with our joynt and particular Forces during our Lives withstand offend and pursue as well by Force of Arms as by all other means of Revenge all manner of Persons of what State soever they shall be and their Abettors that shall attempt any Act Council or Consent to any thing that shall tend to the Harm of her Majesties Royal Person and will never desist from all manner of Forcible Pursuit against such Persons to the utter Extermination of them their Counsellors Aiders and Abettors And if any such wicked Attempt against her most Royal Person shall be taken in hand or procured whereby any that have may or shall pretend Title to come to this Crown by the untimely Death of her Majesty so wickedly procured which God for his Mercy sake forbid may be avenged We do not only bind our selves both joyntly and severally never to Allow Accept or Favour any such pretended Successor by whom or for whom any such detestable Act shall be Attempted or Committed as unworthy of all Government in any Christian Realm or Civil State But do also further Vow and Protest as we are most bound and that in the Presence of the Eternal and Everlasting God to Prosecute such Person and Persons to Death with our joynt or particular Forces and to ask the utmost Revenge upon them that by any means we or any of us can devise and do or cause to be devised and done for their utter Overthrow and Extirpation And to the better Corroboration of this our Loyal Band and Association We do also testifie by this Writing that we do confirm the Contents hereof by our Oaths corporally taken upon the Holy Evangelist with this express Condition That no one of us shall for any respect of Persons or Causes or for Fear or Reward separate our selves from this Association or fail in the Prosecution thereof during our Lives upon pain of being by the rest of us prosecuted and supprest as perjur'd Persons and as Publick Enemies to God our Queen and to our Native Country To which Punishment and Pains we do voluntarily submit ourselves and every of us without Benefit of any Colour or Pretence In Witness of all which Premises to be inviolably kept we do to this Writing put our Hands and Seals and shall be most ready to accept and admit any other hereafter to this Society and Association The ACT of Parliament of the 27th of Queen Elizabeth in Confirmation of the same FOrasmuch as the good Felicity and Comfort of the whole Estate of this Realm consisteth only next under God in the Surety and Preservation of the Queens most excellent Majesty And for that it hath manifestly appeared that sundry wicked Plots and Means have of late been devised and laid as well in Foreign Parts beyond the Seas as also within this Realm to the great indangering of his Highness most Royal Person and to the utter Ruine of the whole Commonweal if by Gods merciful Providence the same had not been revealed Therefore for preventing of such great Perils as might hereafter otherwise grow by the like detestable and divilish Practices at the humble Suit and earnest Petition and Desire of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same Parliament Be it Enacted and Ordained if at any Time after the end of this present Session of Parliament any open Invasion or Rebellion shall be had or made into or within any of Her Majesties Realms or Dominions or any Act attempted tending to the hurt of her Majesties most Royal Person by or for any Person that shall or may pretend any Title to the Crown of this Realm after her Majesties Decease or if any thing shall be compassed or imagined tending to the hurt of her Majesties Royal Person by any person or with the Privity of any person that shall or may pretend Title to the Crown of this Realm that then by Her Majesties Commission under Her Great Seal the Lords and other of Her Highness Privy Council and such other Lords of Parliament to be Named by her Majesty as with the said Privy Council shall make up the Number of Four and twenty at the least ving with them for their Assistance in that behalf such of the Judges of the Courts of Record at Westminster as Her Highness shall for that purpose assign and appoint or the more part of the same Council Lords and Judges shall by virtue of the Act have Authority to examine all and every the Offences aforesaid and all Circumstances thereof and thereupon to give Sentence or Judgment as upon good proof the matter shall appear unto them And that after such Sentence or Judgment given and Declaration thereof made and published by Her Majesties Proclamation under the Great Seal of England all persons against whom such Sentence or Judgment shall be so given and published shall be excluded and disabled for ever to have or claim or to pretend to have or claim the Crown of this Realm or of any Her Majesties Dominions any former Law or Statute whatsoever to the contrary in any wise notwithstanding And that thereupon All Her Highness Subjects shall and may lawfully by virtue of this Act and Her Majesties Direction in that behalf by forcible and possible means pursue to Death every such wicked person by whom or by whose means assent or privity any such Invasion or Rebellion shall be in Form aforesaid denounced to have been made or such wicked Act attempted or other thing compassed or imagined against Her Majesties Person and all their Aiders Comforters and Abettors And if any such detestible Act shall be Executed against her Highness most Royal Person whereby Her Majesties Life shall be taken away which God of his great mercy forbid that then every such person by or for whom any such Act shall be executed and their Issues being any wise assenting or privy to the same shall by virtue of this Act be excluded and disabled for ever to have or claim or pretend to have or claim the said Crown of this Realm or of any other Her Highness Dominions any former Law or Statute whatsoever to the contrary in any wise notwithstanding And that all the Subjects of this Realm and all other Her Majesties Dominions shall and may lawfully by virtue of this Act by all forcible and possible means pursue to Death every such wicked Person by whom or by whose means any such detestible Fact shall be in Form hereafter expressed denounced to have been
Heart without either Passion or Prejudice and should be as willing as any Person to agree with what that Gentleman hath proposed if any such Reason can be brought to enforce it For my part I think it absolutely impossible that this Kingdom can be safe or the Protestant Religion succeed under a Popish Successor for do but Review the Ancient and Modern Histories and you shall find how Protestants have lived under a Popish King have they not been Massacred Butchered and Enslaved in Germany France and in our own Countries notwithstanding all the Laws Vows and Promises to the contrary Are not the Tenets of the Papists destructive to the Protestant Religion which is Heresie and that Faith is not to be kept with such See the barbarous Usage of the Protestants in Piedmont and in Queen Maries Time How then can we expect any better success for by how much a Popish Prince seems to be Religious by so much ought he to be looked upon desperately dangerous for since the Papists make such Plotting and Designing to subvert our Religion under a Protestant Prince how much more will they act against us under a Popish Successor For to think to Restrain a Prince under the Power of a penal Law thereby to secure Religion is no more than to tye Sampson with Cords for will not the Courteors be flattered by their Prince to imitate the same Religion with him and then will not we Protestants be discountenanced and none but Priests and Jesuites have Dominion over us For my part if you pass not this Bill we shall all agree to have our Throats cut and I have no patience at all for that you see how the Duke of York being a Papist they have all the dependency on him and hope to perfect their Villanies Therefore take away this General and this Army may be secured and then being united at home we need not fear what all the Papists in the World can do unto us when we fight for the maintenance of our Laws and Religion by Exclusion of a Popish Prince and rather withstand any Violence that shall be brought against us than be in Danger every day to have our Throats cut by those that are amongst us One Gentleman was pleased to say that it was a Papist Jesuits Bill and that which they brand the Papists withall viz Deposing of Princes I do say as to that That we do not Depose James D. of Y. but as being a Papist considering the sad Consequence that will ensue for should we admit a Papist we should give away the Crown for he would only have the Title the Pope would be our Sovereign And we ought to prevent any such Usurpers who no doubt would make havock of our Estates if he spares us our Lives To tell us that Exclusion will cause a Civil War I am of the contrary Opinion for it will be more conducing to the Preservation of the Kings Person and Government our Laws Lives and Religion to be Unanimous Whereas Oppression Fire and Faggot might cause People to Rebel and be Mutunous when the other would be a means to unite us As I will give you a reason why we cannot restrain him otherwise or use moderation towards him for suppose I were riding a full speed on the Road on a secure Horse a Gentleman passing by desired me to be moderate for that I would kill my Horse when at the same time he knows that if I slacken my pace I shall have my throat cut by thieves that are swiftly pursuing me therefore I cannot be moderate in this case unless I will fling away my Life And I will lay down another Similitude that is if I were Sayling to the East-Indies and passing the Equinoctial Line most of the Sea-men were distempered through Heat and on their sick Beds but it being told them that the Ship is in danger of sinking for there springs a Leak upon which they all arise and instantly fall to Pump but the Chyrurgeon acquaints them that if they do not work more moderately they will get the Calenture and so destroy themselves but they give him only the Hearing knowing that if they cease never so little they are all drowned in the Deep therefore in this case there can be no Moderation And to give an Instance in Holy Writ Moses was a meek and mild Man and a moderate Man but seeing an Egyptian and an Israelite fighting he immediately slew the Egyptian for he knew it was to no purpose to be moderate with him and afterwards seeing two Israelites fighting endeavoured to part them telling them they were Brethren and ought to be moderate so we must place it upon the right Object and not suffer our selves and Posterity to be irrecoverably undone Another Speech by a Worthy Gentleman Mr. Speaker NO Man hath a greater Veneration for the Royal Family than my self to which I am obliged both in gratitude and Duty I am bold to say that I have a great esteem and honour for the D. of Y. Yet I must before the passing of this Bill to dissent from that worthy Gentleman that thinked it a Bill of Rigour for it is as I conceive a Bill of Grace and Mercy Vote for it as a Favour for the D. I am sure it is so to the Royal Family they cannot be safe till the Bill be passed in tenderness to one Branch we must endanger the whole That worthy Gentleman that moved last seems to intimate that the passing this Bill is against our Oaths of Allegiance and Supremacy I admire his Mistake and it is the first time I ever heard the Protestant Oaths cited to justifie a Popish Successor it is urged we are sworn to the King his Heirs and lawful Successors it is true we are so but not obliged to any in the Kings life time but himself for that were Treason He has no Heirs or Successors by Law during his own Life Non est Heres viventis We are likewise told we are designing a Bill to UNITE the Protestant Interest but will divide it because many true Protestants are for the true Heir and for the D. of Y. if he be so which may occasion the Effusion of much Blood amongst us Mr. Speaker UNITY is desired by all yet let us be glad to divide from such Men for when this Bill is passed their false Loyalty will be a Crime and we know not what Character to give it and what Punishment to assign them LOYALTY is a Correspondency and Submission to the Law it is that surrounds the King and makes his Person Sacred It is hinted that we must Impeach the Duke I should be for that if he did not withdraw I will not say fly from Justice if we Impeach him being absent we can only Attaint him and should he survive the King and be then Lawful Heir the Descent of the Crown takes off all Attainders and such Proceedings were only an Illusion and would indeed involve us in Blood Let us disable
not unknown to your Majesty how restless the Endeavours and how bold the Attempts of the Popish Party for many years last past have been not only within this but other your Majesties Kingdoms to introduce the Romish and utterly to extirpate the true Protestant Religion The several Approaches they have made towards the compassing this their Design assisted by the Treachery of perfidious Protestants have been so strangely successful that 't is matter of Admiration to Us and which we can only ascribe to an Over-ruling Providence that your Majesties Reign is still continued over Us and that We are yet assembled to consult the means of our preservation This bloody and restless Party not content with the great Liberty they had a long time enjoyed to excercise their own Religion privately amongst themselves to pertake of an equal Freedom of their persons and Estates with your Majesties Protestant Subjects and of an Advantage above them in being excused from chargeable Offices and Employments hath so far prevailed as to find countenance for an open and avowed practice of their Superstition and Idolatry without controul in several parts of this Kingdom Great swarms of Priests and Jesuits have resorted hither and have here exercised their Jurisdiction and been daily tampering to pervert the Consciences of your Majesties Subjects Their Opposers they have found means to disgrace and if they were Judges Justices of the Peace or other Magistrates to have them turned out of Commission and in contempt of the known Laws of the Land they have practised upon people of all Ranks and qualities and gained over divers to their Religion some openly to profess it others secretly to espouse it as most conduced to the service thereof After some time they became able to influence matters of State and Government and thereby to destroy those they cannot corrupt The continuance or Prorogation of Parliaments has been accommodated to serve the purposes of that Party Money raised upon the People to supply your Majesties extraordinary Occasions was by the prevalence of Popish Councils imployed to make War upon a Protestant State and to advance and augment the dreadful Power of the French King though to the apparent hazard of this and all other Protestant Countries Great numbers of your Majesties Subjects were sent into and continued in the service of that King notwithstanding the apparent Interest of your Majesties Kingdoms the Addresses of the Parliament and your Majesties gracious Proclamations to the contrary Nor can We forbear to mention how that at the beginning of the same War even the Ministers of England were made Instruments to press upon that State the acceptance of one demand among others from the French King for procuring their peace with him that they should admit the publick exercise of the Roman Catholick Religion in the United Provinces the Churches there to be divided and the Romish Priests maintained out of the publick Revenue At home if Your Majesty did at any time by the Advice of Your Privy-Council or of Your two Houses of Parliament Command the Laws to be put in Execution against Papists even from thence they gained advantage to their Party while the edge of those Laws was turned against Protestant Dissenters and the Papists escaped in a manner untoucht The Act of Parliament enjoining a Test to be taken by all Persons admitted into any Publick Office and intended for a security against Papists coming into Employment had so little effect that either by Dispensations obtained from Rome they submitted to those Tests and held their Offices themselves or those put in their places were so favourable to the same Interests that Popery it self has rather gained than lost ground since that Act. But that their business in hand might yet more speedily and strongly proceed at length a Popish Secretary since Executed for his Treasons takes upon him to set afoot and maintain correspondencies at Rome particularly with a Native Subject of Your Majesties promoted to be a Cardinal and in the Courts of other Forreign Princes to use their own form of Speech for the subduing that Pestilent Heresie which has so long domineered over this Northern World that is to root the Protestant religion out of England and thereby to make way the more easily to do the same in other Protestant Countries Towards the doing this great Work as Mr. Coleman was pleased to call it Jesuits the most dangerous of all Popish Orders to the Lives and Estates of Princes were distributed to their several Precincts within this Kingdom and held joint Councils with those of the same Order in all Neighbour Popish Countries Out of these Councils and Correspondencies was hatcht that damnable and hellish Plot by the good Providence of Almighty God brought to light above two Years since but still threatning us wherein the Traitors impatient of longer delay reckoning the prolonging of Your Sacred Majesties Life which God long Preserve as the Great Obstacle in the way to the Consummation of their hopes and having in their prospect a Proselyted Prince immediately to succeed in the Throne of these Kingdoms resolved to begin their Work with the Assassination of Your Majesty to carry it on with Armed Force to destroy Your Protestant Subjects in England to Execute a second Massacre in Ireland and so with ease to arrive at the suppression of our Religion and the subversion of the Government When this Accursed Conspiracy began to be discovered they began the smothering it with the Barbarous Murther of a Justice of the Peace within one of Your Majesties own Palaces who had taken some Examinations concerning it Amidst these distractions and fears Popish Officers for the Command of Forces were allowed upon the Musters by special Orders surreptitionsly obtained from Your Majesty but Counter-Signed by a Secretary of State without ever passing under the Tests prescribed by the aforementioned Act of Parliament In like manner above fifty new Commissions were granted about the same time to known Papists besides a great number of desperate Popish Officers though out of Command yet entertain'd at half pay When in the next Parliament the House of Commons were prepared to bring to a legal Tryal the principal Conspirators in this Plot that Parliament was first Prorogued and then Dissolved The Interval between the Calling and Sitting of this Parliament was so long that now they conceive Hopes of covering all their past Crimes and gaining a seasonable time and advantages of practising them more effectually Witnesses are attempted to be corrupted and not only promises of Reward but of the Favour of your Majesty's Brother made the Motives to their Compliance Divers of the most considerable of your Majesty's Protestant Subjects have Crimes of the highest nature forged against them the Charge to be supported by Subornation and Perjury that they may be destroyed by Forms of Law and Justice A Presentment being prepared for a Grand Jury of Middlesex against your Majesty's said Brother the Duke of York under whose Countenance all the
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
the Ability of the person found Guilty have not been the Measures that have determined the quantity of many of these Fines which being so very numerous the Committee refer themselves to those Records as to the general instancing in some particulars as followeth Upon Joseph Brown of London Gent. on an Information for publishing a printed Book called The Long Parliament Dissolved in which is set forth these words Trinit 29 Car. 2. Nor let any man think it strange that we account it Treason for you to sit and Act contrary to our Laws for if in the first Parliament of Richard the second Grimes and Weston for lack of Courage only were adjudged guilty of High Treason for surrendring the places committed to their trust how much more you if you turn Renegadoes to the people that intrusted you and as much as in you lie surrender not a little pitiful Castle or two but all the legal defence the people of England have for their Lives Liberties and Properties at once Neither let the vain presuasion delude you That no persident can be found that one English Parliament hath hang'd up another tho paradventure even that may be proved a mistake for an unpresidented Crime calls for an unpresidented punishment and if you shall be so wicked to do the one or rather endeavour to do for now you are no longer a Parliament what ground of Confidence you can have that none will be found so worthy to do the other we cannot understand and do faithfully promise if your unworthiness provoke us to it that we will use our honest and utmost endeavours whenever a new Parliament shall be called to chuse such as may convince you of your mistake the old and infallible Observation That Parliaments are the pulse of the people shall lose its esteem or you will find that this your presumption was over fond however it argues but a bad mind to sin because it 's believed it shall not be punished The Judgment was That he be fin'd 1000 Marks be bound to the good behaviour for seven years and his name struck out of the Roll of the Attorneys without any offence alledged in his said Vocation And the publishing this Libel consisted only in superscribing a Pacquet with this inclosed to the East Indies Which Fine he not being able to pay living only upon his practice he lay in prison for three years till His Majesty gratiously pardon'd him and recommended him to be restored to his place again of Attorney by His Warrant dated the 15. of Decem. 1679. Notwithstanding which he has not yet obtained the said Restauration from the Court of Kings Bench. Upon John Harrington of London Gent. for speaking these words in Latin thus Hill 29 30. Car. 2. Quod nostra Gubernatio de tribus statibus consistibat si Rebellio eveniret in regno non accideret contra omnes tres status non est Rebellio A Fine of 1000 l. Sureties for the Good behaviour for seven years and to recant the words in open Court which Fine he was in no capacity of ever paying Upon Benjamin Harris of London Stationer Hill 31 32. Car. 2. on an Information for printing a Book call'd An Appeal from the Countrey to the City setting forth these words We in the Countrey have done our parts in chusing for the generality good Members to serve in Parliament but if as our two last Parliaments were they must be dissolved or prorogued whenever they come to redress the grievances of the Subject we may be pitied not blam'd if the Plot takes effect and in all probability it will Our Parliaments are not then to be condemn'd for that their not being suffer'd to sit occasion'd it Judgment to pay 500 l. Fine stand on the Pillory an hour and give Sureties for the good behaviour for three years And the said Benj. Harris inform'd this Committee That the Lord Chief Justice Scroggs prest the Court then to add to this Judgment his being publickly whipt but Mr. Justice Pemberton holding up his hands in admiration at their severity therein Mr. Justice Jones pronounc'd the Judgment aforesaid and he remains yet in prison unable to pay the said Fine Notwithstanding which Severity in the cases forementioned this Committee has observed the said Court has not wanted in other cases an extraordinary Compassion and Mercy though there appear'd no publick reason judicially in the Trial as in particular Upon Thomas Knox Principal Hill 31. 32. Car. 2. on an Indictment of Subornation and Conspiracy against the Testimony and life of Dr. Oats for Sodomy and also against the Testimony of William Bedloe a Fine of 200 Marks a years Imprisonment and to find Sureties for the good behaviour for three years Upon John Lane for the same offence a Fine of 100 Marks Exd. Ter. to stand in the Pillory for an hour and to be imprison'd for one year Upon John Tasborough Gent. Par. 32. Car. 2. on an Indictment for Subornation of Stephen Dugdale tending to overthrow the whole Discovery of the Plot The said Tasborough being affirmed to be a Person of good Quality a Fine of 100 l. Upon Ann Price for the same offence 200 l. Eod. Ter. Trin. 32. C. 2. Upon Nathaniel Thompson and William Badcock on an Information for Printing and Publishing weekly a Libel call'd The true Domestick Intelligence or News both from City and Country and known to be Popishly affected a Fine of 3 6 8 on each of them Upon Matthew Turner Stationer on an Information for vending and publishing a Book Eod. Ter. call'd the Compendium wherein the Justice of the Nation in the late Tryals of the Popish Conspirators even by some of these Judges themselves is highly Arraign'd and all the Witnesses for the King horribly asperst and this being the common notorious Popish Book-seller of the Town Judgment to pay a Fine of 100 Marks and is said to be out of Prison already Upon Loveland Trin. 32. C. 2. on an Indictment for a Notorious Conspiracy and Subornation against the Life and Honour of the Duke of Buckingham for Sodomy a Fine of 5 l. and to stand an hour in the Pillory Upon Edward Christian Mich. 32. C. 2. Esq for the same offence a Fine of 100 Marks and to stand an hour in the Pillory And upon Arthur Obrian for the same offence a Fine of 20 Marks and to stand an hour in the Pillory Upon Consideration whereof this Committee came to this Resolution Resolv'd That it is the Opinion of this Committee That the Court of King's Bench in the Imposition of Fines on Offenders of late years hath acted Arbitrarily Illegally and Partially favouring Papists and persons Popishly affected and excessively oppressing His Majesty's Protestant Subjects And this Committee being inform'd That several of His Majesty's Subjects had been committed for Crimes Bailable by Law although they then-tendred sufficient Sureties which were refus'd only to put them to vexation and
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
next morning the draught being so much changed and interlined that many even of the most engaged in the Debate did not sufficiently understand it and though they took notes knew not precisely how it stood And this was indeed the Earls case in particular and the cause why in Voting he did forbear either to approve or disapprove His part in the debate was that in the entry of it he said that he thought as few Oaths should be required as could be and these as short and clear as possible That it was his humble opinion that a very small alteration in these Acts which had been used these twenty years might serve for it was manifest and he attested the whole Parliament upon it That the Oath of Allegiance and Declaration had effectually debarred all Fanaticks from getting into places of trust all that time It was true some Papists had swallowed the Oath of Allegiance and therefore a word or two only of addition to guard against them was all he judged necessary And there after where in the close of the Act The Kings Sons and Brothers were intended to be dispensed with from taking the Test he opposed the exception and said it was our happiness that King and People were of one Religion and that they were so by Law That he hoped the Parliament would do nothing to loose what was fast nor open a gap for the Royal Family to differ in Religion their example was of great consequence one of them was as a thousand and would draw the more followers if once it appeared to the people that it were honourable and a priviledge to be of another Religion And therefore he wished if any exception were it might be particular for his Royal Highness but his Highness himself opposing this the Earl concluded with his fear that if this exception did pass it would do more hurt to the Protestant Religion than all the rest of that Act and many other Acts could do good Whilst these Acts about Religion were in agitation his Highness told the Earl one day in private to beware of himself for the Earl of Errol and others were to give in a Bill to the Parliament to get him made liable to some debts they pretended to be Cautioners in for his Father and that those that were most forward in His Majesties service must be had a care of The Earl â—aid he knew there was no ground for any such Bill and he hoped neither the Earl of Errol nor any other should have any advantage of him upon any head relating to His Majesties service His Highness told others likewise he had given the Earl good advice But shortly after the above-mentioned debates there were two Bills given into the meeting of the Articles against the Earl one by the Earl of Errol the other by His Majesties Advocate who alledged he did it by command for otherwise he acknowledged it was without his line The Earl of Errol's claim was that the Earl of Argyle might be declared liable to relieve him and others of a debt wherein they alledged they stood bound as Cautioners for the late Marquess of Argyle the Earl's Father To which the Earl answered that he had not got his Fathers whole Estate but only a part of it and that expressly burdened with all the debts he was liable to pay whereof this pretended debt was none and that the Marquess of Huntly who at that time was owing to the Marquess of Argyle 35000 l. Sterl had got 4000 l. Sterl of yearly Rent out of the Marquess of Argyle's forfaulture without the burden of any debt so that both by Law and Equity the Earl could not be liable the Marquess of Huntly and not he having got that which should bear this relief and which should indeed have payed the far greatest part of the Marquess of Argyle's debt the same having been undertaken for Huntly by Argyle either as Cautioner for Huntly or to raise money to pay his debt Besides that the Earl of Errol can never make it appear that he or his Predecessors were bound for the Marquess of Argyle in the third part of the sums he acclaims yet some were much inclined to believe Errol on his bare assertion His Majesties Advocates claim was to take from the Earl his heritable Offices of Sheriff c. especially that of Justice-General of Argyle-Shire the isles and other places which last is nevertheless only a part of the general Justitiary of all Scotland granted to his Predecessors some hundred of years ago for honourable and onerous causes and constantly enjoyed by them until expressly surrendered in his late Majesties hands for a new Grant of the above-mentioned Justitiary of Argyle c. And this new Grant was also confirmed by many Acts of Parliament and particularly by His Majesties Royal Father of Blessed Memory in the Parliament holden by him Anno 1633. As likewise by His Majesty that now is whom God long preserve his new Gift and Charter after several Debates before him in Anno 1663. and 1672. Which new Gifts and Charters were again ratified by a special instruction from His Majesty in the Parliament 1672. So that albeit several late Gifts of Regality granted to the Marquess of Athol Marquess of Queensberry and others may be questioned because granted since the Acts of Parliament discharging all such Gifts in time coming yet the Earl of Argyl's rights are good as being both of a far different nature and granted long before the said Acts of Parliament and in effect the Earl his rights are rather confirmed by these prohibitive Acts because both anterior to and excepted from them as appears by the Act Salvo Jure 1633. Wherein the Earls rights are particularly and fully excepted in the body of the printed Act. When these things appeared so plain as not to be answered It was alledged that upon the forfaulture of the late Marquess of Argyl his Estate was annexed to the Crown and so could not be gifted to the Earl by His Majesty wherein they soon discovered a design to forfault him if any pretence could be found But the Act of Forfaulture being read and containing no such thing but on the contrary a clear power left to His Majesty to dispose of the whole and the Earl telling them plainly that these that were most active to have his Father forfaulted were very far from desiring his Estate to be annexed to the Crown seeing it was in expectation of Gifts out of it they were so diligent that pretence of the annexation was past from but yet the design was no wise given over for there was a proposition made and a Vote carried in the Articles that a Committee should be appointed with Parliamentary power to meet in the intervals of Parliament to determine all controversies could be moved against any of the Earls rights Which was a very extraordinary device and plainly carried by extraordinary influences Upon this the Earl applyed to the Parliament where this Vote was to be
any thing a greater reproach on the Parliament or a greater ground of mislike to the people And whereas it is pretended That all Laws and Subsumptions should be clear and these are only inferences It is answered That there are some things which the Law can only forbid in general and there are many inferences which are as strong and natural and reproach as soon or sooner than the plainest defamations in the world do for what is openly said of reproach to the King does not wound him so much as many seditious insinuations have done in this Age and the last So that whatever was the Earls design albeit it is always conceived to be unkind to the Act against which himself debated in Parliament yet certainly the Law in such cases is only to consider what effect this may have amongst the people and therefore the Acts of Parliament that were to guard against the misconstruing of His Majesties Government do not only speak of what was designed but where a disliking may be caused and so judgeth ab effectu And consequentially to the same emergent reason it makes all things tending to the raising of dislike to be punishable by the Act 60. Parl. 6. Q. Mary and the 9. Act Parl. 20. James VI. So that the Law designed to deter all men by these indefinite and comprehensive expressions And both in this and all the Laws of Leasing-making the Judges are to consider what falls under these general and comprehensive words Nor could the Law be more special here since the makers of Reproach and Slander are so various that they could not be bound up or exprest in any Law But as it evidently appears that no man can hear the words exprest if he believe this paper but he must think the Parliament has made a very ridiculous Oath inconsistent with it self and the Protestant Religion the words allowing no other sense and having that natural tendency even as if a man would say I love such a man only in so far as he is an honest man he behooved certainly to conclude that the man was not every way honest So if your Lordships will take measures by other Parliaments or your Predecessors ye will clearly see That they thought less than this a defaming of the Government and misconstruing His Majesties proceedings For in Balmerino's Case the Justices find an humble Supplication made to the King himself to fall under these Acts now cited Albeit as that was a Supplication so it contained the greatest expressions of Loyalty and offers of Life and Fortune that could be exprest yet because it insinuates darkly That the King in the precedeing Parliament had not favoured the Protestant Religion and they were sorry he should have taken Notes with his own hands of what they said which seems to be most innocent yet he was found guilty upon those same very Acts And the Parliament 1661. found his Lordship himself guilty of Leasing-making tho he had only written a Letter to a private Friend which requires no great care nor observation but this paper which was to be a part of his own Oath does because after he had spoken of the Parliament in the first part of this Letter he thereafter added That the King would know their Tricks which words might be much more applicable to the private persons therein designed than that the words now insisted on can be capable of any such Interpretation And if either Interpretations upon pretext of exonering of Conscience or otherwise be allowed a man may easily defame as much as he pleases And have we not seen the King most defamed by Covenants entered into upon pretence to make him great and glorious by Remonstrances made to take away his Brother and best Friend upon pretence of preserving the Protestant Religion and his Sacred person And did not all who rebelled against him in the last Age declare That they thought themselves bound in duty to obey him but still as far as that could consist with their respect to the Protestant Religion and the Laws and Liberties which made all the rest ineffectual And whereas it is pretended That by these words I take the same in as far as it is consistent with it self and the Protestant Religion nothing more is meant but that he takes it as a true Protestant His Majesties Advocate appeals to your Lordships and all the Hearers if upon hearing this expression they should take it in this sense and not rather think that there is an inconsistency For if that were possible to be the sense what need he say at all As far as it is consistent with it self Nor had the other part As far as it is consistent with the Protestant Religion been necessary for it is either consistent with the Protestant Religion or otherwise they were Enemies to the Protestant Religion that made it Nor are any Lawyers or others in danger by pleading or writing for these are very different from and may be very easily pleaded without defaming a Law and an Oath when they go to take it But if any Lawyer should say in pleading or writing That the Test was inconsistent or which is all one that it were not to be taken by any man but so far as it was consistent with it self and the Protestant Religion no doubt this would be a crime even in pleading tho pleading has a greater allowance than deliberate swearing has And as there is nothing wherein there is not some inconveniency so the inconveniency of defaming the Government is much greater than that of any private mans hazard who needs not err except he please Whereas it is pretended That before the Earl gave in this Explication there were other Explications spread abroad and Answers read to them in Council and that the Council it self gave an Explication It is answered That if this paper be Leasing-making or misconstruing His Majesties proceedings and Treasonable as is contended then a thousand of the like offences cannot excuse it And when the King accused Noblemen Ministers and others in the year 1661. for going on in the Rebellions of that Age first with the Covenanters and then with the Usurpers it was found no Defence That the Nation was over-grown with those Crimes and that they were thought to be duties in those days Yea this were to invite men to offend in multitudes And albeit sometimes these who follow the examples of multitudes may thereby pretend this as an excuse to many yet this was never a formal defence against Guilt nor was ever the chief of the Offenders favourable on that Head And it is to be presumed That the Earl of Argyle would rather be followed by others than that he would follow any example But His Majesties Advocate does absolutely decline to debate a point that may defame a constant and standing Act of Parliament by leaving upon record a memory of its being opposed Nor were this Relevant except it could be said the Council had allowed such Explications which reflected
but not at all by the Main-guard and then after the great Gate was opened and the lower Guard drawn out double to make a Lane for his Company one of the Guard who opened the Gate took him by the Arm and viewed him but it pleased God he was not discerned When he was out he was not fully resolved whither to go Home he had judged safest but he thought it might breed Mistakes and Trouble that he designed not So he resolved to go for England and to take the Road That by Post he might be His Majesty's first informer of his escape But being disappointed of Horses that he expected he found that the notice of his escape was got before him and soon after as he came the length of Newcastle heard that His Majesty had given way to pronounce Sentence against him according as he had apprehended from the circumstances and other grounds I have told you which made him judge it would be an undiscreet presumption in that state to offer himself to his Majesty while he knew none durst address him and so he rather chused to shift in the wide World till His Majesty might be at some greater freedom both to understand his Case and apply suitable Remedies His Majesty's clear and excellent understanding and gracious and benign disposition do fully assure him that His Majesty doth not in His thoughts charge him with the least Disloyalty and that he hath no Complacence in his ruine But if His Majesty do at present lye under the pressure of some unlucky influences not so easie to his Royal inclinations the Earl it seems thinks it reasonable to wait patiently for a better opportunity It may indeed appear strange that Innocence and Honour oppressed in his Person almost beyond a parallel should not ere now have constrained him to some publick Vindication especially when to the horrid Sentence given against him his Adversaries have further prevailed to cause His Majesty dispose not only of his Heritable Offices and Jurisdictions the pretended eye-sore but also upon his whole Estate and Fortune with as little consideration of the Earl's personal Interest as if he had fallen for the blackest Treason and most atrocious Perduellion But besides that some things are of themselves so absurdly wicked that all palliating pretences do only render them the more hateful and the very simple hearing doth strike with an horrour not to be heightned by any representation Next that the Earl being so astonishingly overtaken for words as fairly and honestly uttered as he could possibly devise doth with reason apprehend that there is nothing he can say in this matter though with the serenest mind and in the greatest truth and fobriety that may not be construed to flow from a design to lay blame where hitherto he hath been tender to give any ground of offence I say besides these things he is withal I know most firmly persuaded That if ever he shall have the happiness to be once heard by His Majesty and in his presence allowed to explain a few Particulars in Duty here omitted His Majesty's Justice and Goodness will quickly dispel all the Clouds that now hang over him and restore him to that favour wherein he hath sometime reckoned himself very happy and which he will ever be most ready to acknowledg And therefore all that in the mean time he judged necessary or would give way to was that for preserving the remembrance of so odd a Transaction until a more seasonable juncture some Memorials should be drawn and deposited in sure keeping which being grown under my hand unto this Narrative I thought I could not better observe his Order than by transmitting it to your faithful custody I have carefully therein observed the Truth in point of fact avouching nothing but upon the best and clearest evidence can possibly be expected nor have I as to the manner licenced or indulged my self in any severity of expression which I thought could be justly in such a case omitted without betraying the Cause Yet if you now or any other hereafter shall judge that I do sometime exceed let it not be imputed to him for as he did indeed charge me to guard against any more warm or vehement expression than the merit and exigence of the subject do indispensibly require so I am assured that he silently and patiently waits on the Lord committing his way to him and trusting in him that he may bring it to pass and that He shall bring forth his righteousness as the light and his judgment as the noon-day POSTSCRIPT SIR HAving in this Narrative sometimes adduced as you have seen the Advocate 's own Authority ad hominem I shall here as I promised subjoin such passages out of his Printed Book as though they deserved not a place above may yet make a pertinent Postscript And omitting what in that Book called The Laws and Customs of Scotland in Matters Criminal he frequently repeats from the known grounds of Law of the nature of Crimes and the design of Criminal Laws viz. That as there can be no Crime without a fraudulent purpose either apparent or proven So it was the design of Lawgivers only to punish such Acts as are designedly malicious I desire you only to consider the particulars following And 1. Pag. 11. l. 7. of his Book of Criminals having made the question Whether what tends to a Crime not perfected doth fall under the Statue or Law by which that Crime to which it approaches is punished He instances in the Crime of Misconstruing His Majesty's Government and Proceedings or depraving his Laws which as he says is punishable by death Ja. 6. Par. 10. Act 10. And then further moves Whether Papers as tending to misconstrue His Majesty's Proceedings and Government or bearing insinuations which may raise in the people jealousy against the Government be punished by that Law Which being one of the great Crimes pretended and libelled against the Earl I shall here omitting his Reasons in the affirmative which have not the least ground in the Earl's Case as you have heard represent to you how exactly he himself and others have acted for the Earl's overthrow all these dangerous and pernicious things from which he argues in the Negative His words then are these And that such insinuations and tendencies are not punished criminally He says 1. It is the interest of mankind to know expresly what they are to obey especially where such great Certifications are annexed as in Crimes 2. The Law having taken under its consideration this guilt has punished the actual misconstruing or depraving but has not declared such insinuations or tendencies punishable Et in statutis casus omissus habetur pro omisso 3. This would infallibly tend to render all Judges Arbitrary for tendencies and insinuations are in effect the product of conjecture and Papers may seem innocent or criminal according to the zeal or humour as well as malice of Judges Men being naturally prone to differ in such consequential inferences
shall Act not only contrary to but to the Destruction of the Fundamental Laws of the Kingdom And how Harmonious such Justice will be the Text tells us Deut. 27.17 Cursed be he that removeth his Neighbours Land mark and all the People shall say Amen That this present Session may have a happy Issue to answer the great ends of Parliaments and therein our present Exigencies and Necessities is the incessant Cry and longing Expectation of all the Protestants in the Land The Security of English-mens Lives or the Trust Power and Duty of the Grand Juries of England Explained according to the Fundamentals of the English Government and the Declarations of the same made in Parliament by many Statutes THE Principal Ends of all Civil Government and of Humane Society were the Security of Mens Lives Liberties and Properties mutual assistance and help each unto other and provision for their common benefit and advantage and where the Fundamental Laws and Constitution of any Government have been wisely adapted unto those Ends such Countries and Kingdoms have increased in Vertue Prowess Wealth and Happiness whilst others through the want of such excellent Constitutions or negect of preserving them have been a Prey to the Pride Lust and Cruelty of the most Potent and the People have had no assurance of Estates Liberties or Lives but from their Grace and Pleasure They have been many times forced to welter in each other's Blood in their Master's quarrel for Dominion and at best they have served like Beasts of burthen and by continual base subserviency to their Master's Vices have lost all sense of true Religion Virtue and Manhood Our Ancestors have been famous in their Generations for Wisdom Piety and Courage in forming and preserving a Body of Laws to secure themselves and their Posterities from Slavery and Oppression and to maintain their Native Freedoms to be subject only to the Laws made by their own Consent in their general Assemblies and to be put in execution chiefly by themselves their Officers and Assistants to be guarded and defended from all Violence and Force by their own Arms kept in their own hands and used at their own charge under their Prince's Conduct entrusting nevertheless an ample Power to their Kings and other Magistrates that they may do all the good and enjoy all the happiness that the largest Soul of man can honestly wish and carefully providing such means of correcting and punishing their Ministers and Councellors if they transgressed the Laws that they might not dare to abuse or oppress the People or design against their freedom or welfare This Body of Laws our Ancestors always esteemed the best Inheritance they could leave to their Posterities well knowing that these were the sacred Fence of their Lives Liberties and Estates and an unquestionable Title whereby they might call what they had their own or say they were their own Men The inestimable value of this Inheritance moved our Progenitors with great resolution bravely from Age to Age to defend it and it now falls to our lot to preserve it against the Dark Contrivances of a Popish Faction who would by Frauds Sham-Plots and Infamous Perjuries deprive us of our Birth-rights and turn the points of our Swords our Laws into our own Bowels they have impudently scandalized our Parliaments with Designs to overturn the Monarchy because they would have excluded a Popish Successor and provided â—or the Security of the Religion and Lives of all Protestants They have caused Lords and Commoners to be for a long time kept in Prisons and suborned Witnesses to swear matters of Treason against them endeavouring thereby not only to cut off some who had eminently appeared in Parliament for our ancient Laws but through them to blast the Repute of Parliaments themselves and to lessen the Peoples Confidence in those great Bulwarks of their Religion and Government The present purpose is to shew how well our Worthy Fore-fathers have provided in our Law for the safety of our Lives not only against all attemps of open Violence by the severe punishment of Robbers Murtherers and the like but the secret poisonous Arrows that fly in the dark to destroy the Innocent by false Accusation and Perjuries Our Law-makers foresaw both their dangers from the Malice and Passion that might cause some of private condition to accuse others falsly in the Courts of Justice and the great hazards of Worthy and Eminent Mens Lives from the Malice Emulation and Ill Designs of Corrupt Ministers of State or otherwise potent who might commit the most odious of Murthers in the form and course of Justice either by corrupting of Judges as dependant upon them for their Honour and great Revenue or by bribing and hiring men of depraved Principles and desperate Fortunes to swear falsly against them doubtless they had heard the Scriptures and observed that the great men of the Jews sought out many to swear Treason and Blasphemy against Jesus Christ They had heard of Ahab's Courtiers and Judges who in the Course and Form of Justice by false Witnesses murthered Naboth because he would not submit his Property to an A bitrary Power Neither were they ignorant of the Ancient Roman Histories and the pestilent false Accusers that abounded in the Reign of some of those Emperors under whom the greatest of Crimes was to be virtuous Therefore as became good Legislators they made as prudent Provinon as perhaps any Country in the World enjoys for equal and impartial Administration of Justice in all the concerns of the Peoples Lives that every man whether Lord or Commoner might be in safety whilst they lived in due obedience to the Laws For this purpose it is made a Fundamental in our Government that unless it be by Parliament See Lâ— Cook 's Instit 3d part p. 40. See Mag. Chart. Cooke's â—d part of Insâ—â—t p. 50 51. no man's Life should be touched for any Crime whatsoever save by the Judgment of at least 24 Men that is 12 or more to find the Bill of Indictment whether he be Peer of the Realm or Commoner and 12 Peers or above if a Lord if not 12 Commoners to give the Judgment upon the general Issue of not guilty joined of these 24 the first 12 are called the Grand Inquest or the Grand Jury for the extent of their power and in regard that their number must be no more than 12 sometimes 23 or 25 never were less than 13. Twelve whereof at least must agree to every Indictment or else 't is no legal Verdict If 11 of 21 or of 13 should agree to find a Bill of Indictment it were no Verdict The other Twelve in Commoners Cases are called the Petit-Jury and their number is ever Twelve but the Jury for a Peer of the Realm may be more in number though of like Authority The Office and Power of these Juries is Judicial they only are the Judges from whose Sentence the Indicted are to expect Life or Death upon their Integrity and Understanding
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
of their fellows had been asked and answered to agree in one story especially if the Jury may not ask what questions they shall think fit for the satisfaction of their own Consciences but that they shall be so far under the correction and censure of the Judges as to have the questions which they put called by them trifles impertinent and unfit for the Witnesses to speak to yet if they be examined apart with that due care of sifting out all the Circumstances which the Law requires where every Man of the Jury is at full liberty to enquire into any thing for his clearer Information and that with what deliberation they think fit and all this be done with that Secrecy which the Law commands it will be almost impossible for a Man to suffer under a false Accusation Nor has the Law been less careful for the Reputation of the Subjects of England than for their Lives and Estates and this seems to be one reason why in criminal Cases a Man shall not be brought to an open legal Tryal by a Petit Jury till the Grand Jury have first found the Bill The Law having entrusted the Grand Inquest in a special manner with their good names they are therefore not only to enquire whether the fact that is laid was done by the party accused but into the circumstances thereof too whether it were done Traiterously Feloniously or Maliciously c. according to the manner charged which Circumstances are not barely matter of form but do constitute the very essence of the Crime and lastly into the Credit of the Witnesses and that of the party accused and unless they find both the Fact proved upon him and strong presumptions of such aggravating circumstances attending it as the Law requires in the specification of such Crime and likewise are satisfied in the credibility of the Witnesses they ought not to expose the Subject to an open Trial in the face of the County to a certain loss of his Reputation and hazard of his Life and Estate Moreover should this practice of publick Examination prevail and the Jurors Oath of Secrecy continue how partial and unequal a thing would it be to declare that to all the World which will blast a Man's good name and religiously conceal what they may know tending to his Justification To examine Witnesses perhaps suborned certainly prepared and have Evidence dressed up with all the advantages that Lawyers wits can give it of the foulest Crimes a Man can be guilty of and this given before some thousands against him and yet for the same Court to swear those whom the Law makes Judges in the Case not to reveal one word of those reasons which have satisfied their Consciences of his Innocence What is this but an Artifice of slandring men it may be of the most unspotted Conversation and of abusing Authority not so much to find Men guilty as to make them infamous After this Ignominy is fixed what Judgment can the Auditors and from them the World make but of high probability of guilt in the party accused and Perjury in the Jury This course if it should be continued must needs be of most dangerous consequence to all sorts of Men it will both subject every one without relief to be defamed and fright the best and most conscientious Men from serving on Grand Juries which is a most necessary part of their duty Now since there is in our Government as in every one that is well constituted there ought to be great liberty of Accusation that no Man may be encouraged to do ill through hopes of impunity if by this means a Method be opened for the blasting the most innocent Man's honour and deterring the most honest from being his Judges what remains but that every Man's Reputation which is most dear unto such as are good is held precariously and it will be in the power of great Men to pervert the Laws and take away whose Life and Estate they please or at least to fasten imputations of the most detested Crimes upon any whom for secret reasons they have a mind to defame The consequences of which scandal as they are very mischievous to every Man so in a Trading Country in a more especial manner to all who live by any vocation of that kind The greatest part of Trade is driven upon credit most Men of any considerable Employment dealing for much more than they are truly worth and every Man's credit depends as well upon his behaviour to the Government he lives under as upon his private honesty in his transactions between Man and Man so that the suspicion only of his being obnoxious to the Government is enough to set all his Creditors upon his back and put a stop to all his Affairs perhaps to his utter ruine What expedition and violence will they all use to recover their debts when he shall be publickly charged with such Crimes as forfeit Life and Estate Though there should not be one word of the Accusation true yet they knowing the Charge and the seeming proofs in the Court and the Consequences of it and not being acquainted with the truth as it appears to the Jury self interest will make his Creditors to draw in their effects which is no more than a new contrivance under colour of Law of undoing honest Men. If to prevent any of these mischiefs the Jury should discover their fellows and their own Counsel as the Court by publick Examination doth it would not only be a wilful breach of their Oath but a betraying of the trust which the Law has reposed in them for the security of the Subject For to subject the reasons of their Verdicts upon Bills to the censure of the Judges were to divest themselves of the Power which the Law has given them for most important Considerations without account or controul and to interest those in it whom the Law has not in this case trusted and so by degrees the course of Justice in one of the most material parts may be changed and a fundamental security of our Liberty and Property insensibly lost On the other hand if for fear of being unworthily reproached as Ignoramus Jury-Men obstinate fellows that obstruct Justice and disserve the King the Grand Jury shall suffer the Judges or the King's Counsel to prevâ—il with them to indorse Billa vera when their Consciences are not satisfied in the truth of the Accusation they act directly against their Oaths oppress the innocent whom they ought to protect as far as in them lies subject their Country themselves and posterity to Arbitrary Powers pervert the Administration of Justice and overthrow the Government which is instituted for the obtaining of it and subsists by it This seems to be the greatest Treason that can be committed against the whole Kingdom and threatens ruine unto every Man in private in it None can be safe against authorized Malice and notwithstanding the care of our Ancestors Rapine Murther and the worst of Crimes may
be advanced by the formality of Verdicts if Grand Juries be overawed or not suffered to enquire into the Truth to the satisfaction of their Consciences Every Man whilst he lives innocently doth under God place his hopes of security in the Law which can give no protection if its due course be so interrupted that frauds cannot be discovered Witnesses may as well favour Offenders as give false testimony against the guiltless and if they by hearing what each other saith are put into a way of concealing their villainous designs there can be no legal Revenge of the crimes already committed Others by their impunity will be encouraged to do the like And every quiet minded Person will be equally exposed unto private injuries and such as may be done unto him under the colour of Law No man can promise unto himself any security for his Life or Goods and they who do not suffer the utmost violences in their own persons may do it in their Children Friends and nearest Relations if he be deprived of the remedies that the Law ordains and forced to depend upon the Will of a Judge who may be and perhaps we may say are too often corrupted or swayed by their own Passions Interests or the impulse of such as are greater than they This mischief is aggravated by a commonly received Opinion that whosoever speaks against an accused person is the King's Witness and the worst of men in their worst designs do usually shelter themselves under that name whereas he only is the King's Witness who speaks the truth whether it be for or against him that is accused As the Power of the King 's the Power of the Law he can have no other intention than that of the Law which is to have Justice impartially administred and as he is the Father of his People he cannot but incline ever to the gentlest side unless iâ— be possible for a Father to delight in the destruction or desire to enrich himself by the confiscation of his Childrens Estates If the most wicked Princes have had different thoughts that have been obliged to dissemble them We know of none worse than Nero but he was so far from acknowledging that he desired any Man's condemnation that he looked upon the necessity of signing Warrants for the Execution of * Sne. Vit. Ner. Vtinam nescirem letteras Malefactors as a burthen and rather wished he had not learnt to write than to be obliged to do it They who by spreading such barbarous errours would create unto the King an interest different from that of his People which he is to preserve whilst they pretend to serve him in destroying of them they deprive him of his honour and dignity Justice is done in all places in the name of the chief Magistrate it being presumed that he doth embrace every one of his Subjects with equal tenderness until the guilty are by legal proofs discriminated from the Innocent and amongst us the King's name may be used in civil cases as well as criminal But it is as impossible for him rightly to desire I should be condemned for killing a Man whom I have not killed or a Treason that I have not committed as that my Land should be unjustly taken from me by a judgment in his Bench or I should be condemned to pay a debt that I do not owe. In both Cases we sue unto him for Justice and demand it as our right We are all concerned in it publickly and privately and the King as well as all the Officers of Justice are by their several Oaths obliged in their respective capacities to perform it They are bound to give their assistance to find out Offenders and the King's Attorney is by his Oath to prosecute them if he be required and he is not only the King's servant in such cases but the Nations or rather cannot otherwise serve the King than by seeing Justice done in the Nation Whensoever any Man receives an injury in his Person Wife Children Friends or Goods the King is injured in as much as he is by his Office to prevent such mischief and ought to be concerned in the Welfare of every one of his Subjects but the parties to whom the injuries are done are the immediate sufferers and the prosecution is principally made that they may be repared or revenged and other innocent persons secured by the punishment of Offenders in which the King can be no otherwise concerned than as he is to see his Office faithfully performed and his People protected The King's suit therefore is in the behalf of his People yet the Law leaves unto every man a Liberty in case of Treasons Murthers Rapes Robberies c. to sue in the King's name and crave his aid or by way of appeal in his own The same Law looks upon Felons or Traitors as publick Enemies and by authorizing every one to pursue or apprehend them teacheth us that every man in his place ought to do it The same Act whereby one or a few are injured threatneth all and every Man 's private interest so concurs with that of the publick that all depends upon the exact preservation of the Method prescribed by the Law for the impartial inquisition after suspected Offenders and most tender care of preserving such as are innocent As this cannot possibly be effected without secret and separate examinations the forbidding them is no less than to change the Course which is enjoyned by Law confirmed by custom and grounded upon Reason and Justice If on the other side any man believe that such as in the King's name prosecute suspected Delinquents ought only to try how they may bring them to be condemned he may be pleased to consider that all such persons ought according unto Law to produce no Witness whom they do not think to be true No Evidence which they do not believe good nor can conceal any thing that may justifie the accused No trick or Artifice can be lawfully used to deceive a Grand Jury or induce them to find or reject a Bill otherwise than as they are led by their own Consciences All Lawyers were anciently sworn to put no deceit upon the Courts for their Clients sake and there are Statutes still in force to punish them if they do it but there is an eternal obligation upon such as are of Counsel against persons accused of Crimes not to use such Arts as may bring the Innocent to be condemned and thereby parvert that which is not called the Judgment of Man but of God because Man renders it in the stead and by the Commandment of God such practices exalt the Jurisdiction of Tribunals but infect and polute them with that Innocent Blood which will be their overthrow And least of all can it be called a Service to the King since none could ever stand against the cry of it This is necessarily implyed in the Attorney General 's Oath to serve the King in his Kingly Office wherein the Law presumes he can
but it may move them there is no security that innocent Persons may not be brought every day into danger and trouble By this means certain mischiefs will be done whilst it is by their own confession uncertain whether they are any ways deserved by such as suffer them to the utter overthrow of all Justice If the word Probable be taken in a common rather than a nice Logical sense it signifies no more than likely or rather likely than unlikely When a matter is found to be so the Wager is not even there is odds upon one side and this may be a very good ground for betting in a Tennis Court or at a Horse-race but he that would make the Administration of Justice to depend upon such Points seems to put a very small value upon the fortunes liberties and reputations of men and to forget that those who sit in Courts of Justice have no other business there than to preserve them This continues in force though in a Diologue between a Barrister and a Grand Jury Man published under the Title of the Grand Jury Man's Oath and Office it be said p. 8. and 9. That their work is no more than to present Offences fit for a Tryal and for that Reason give in only a Verisimilar or probable Charge and others have affirmed that a far less Evidence will warrant a Grand Juries Indictment than a Petit Juries Verdict For nothing can be more opposite to the justice of our Laws than such Opinions All Laws in doubtful Cases direct a suspension of Judgment or a sentence in favour of the Accused person But if this were hearkened unto Grand Juries should upon their Oaths affirm they judge him Criminal when the Evidence is upon such uncertain grounds that they cannot but doubt whether he is so or not It cannot be hereupon said that no Evidence is so clear and full but it may be false and give the Jury occasion of doubts so as all Criminals must escape if no Indictment ought to be found unless the proofs are absolutely certain for it is confess'd that such Cases are not capable of an infallible Mathematical demonstration but a Jury that Examines all the Witnesses that are likely to give any light concerning the business in question and all Circumstances relating to the fact before them with the Lives and Credit of those tha◠testify i◠and of the Person accused may and do often find that which in their Consciences doth fully perswade them that the accused Person is guilty This is as much as the Law or their Oath doth require and such as find Bills after having made such a Scrutiny are blameless before God and Man if through the fragility inseparable from humane nature they should be led into Error For they 〈◊〉 not swear that the Bill is true but that they in their Consciences believe that it is so and if they write Ignoramus upon the Bill it is not thereby declared to be false nor the P rson accused acquitted but the matter is suspended until it can be more clearly proved as in doubtful Cases it always ought to be Our Ancestors took great Care that suspicious and probable Causes should not bring any Man's Life and Estate into danger For that reason it was ordain'd by the Stat 37 Ed 3. Cap 18. That such as made suggestions to the King should find surety to pursue and incur the same pain that the other should have had if he were attainted in case their suggestion be not found evil and that then process of the Law should be made against the Accused This manner of Proceeding hath its root on eternal and universal Reason The Law given by God unto his People Deut. 19. allotted the same Punishment unto a false witness as a person convicted The best disciplined Nations of the world learnt this from the Hebrews and made it their Rule in the administration of Justice The Grecians generally observed it and the Romans according to their Lex Talionis did not only punish death with death but the intention of committing Murther by false Accusations with the same severity as if it had been effected by any other means This Law was inviolably observed as long as any thing of regularity or equity remained amongst them and when through the wickedness of some of the Emperours or their favourites it came to be overthrown all Justice perished with it A Crew of false Informers brake out to the destruction of the best men and never ceas'd until they had ruined all the most eminent and antient Families Circumvented the Persons that by their Reputation Wealth Birth or Virtue deserved to be distinguished from the common sort of People and brought desolation upon that victorious City Tacitus complains of this Tac. Ann. 3. as the cause of all the mischiefs suffered in his Time and Country By their means the most Savage Cruelties were committed under the name of Law which thereby became a greater Plague than formerly Crimes had been No remedy could be found when those Delatores whom he calls genus hominum Publico exitio repertum Tac. Ann. 4. poenis quidem nunquam satis coercitum were invited by impunity or reward and the Miserable People groaned under this calamity until those instruments of iniquity were by better Princes put to the most cruel tho well deserved deaths The like hath been seen in many places and the domestick quiet which is now enjoyed in the Principal parts of Europe proceeds chiefly from this that every man knows the same Punishment is appointed for a false Accusation and proved Crime It is hardly seven years since Monsieur Courboyer a man of quality in Brittany suborned two of the King of France his Guards to swear Treasonable Designs against La Motte a Norman Gentleman the matter being brought to Monsieur Colbert he caus'd the Accused Person and the Witnesses to be secured until the fraud was discovered by one of them whereupon he was pardoned La Motte released Courboyer beheaded and the other false Witness hanged by the Sentence of the Parliament of Paris Though this Law seems to be grounded upon such foundation as forbids us to question the equity of it our Ancestors for Reasons best known unto themselves thought fit to moderate its Severity by the Statute of 38 Ed. 3. Cap. 9. yet then it was enacted and the Law continues in force unto this day That whosoever made complaints to the King and could not prove them against the Defendant by the process of Law limited in former Statures which is first by a Grand Jury he should be imprisoned until he had made gree to the Party of his damages and of the slander he suffered by such occasion and after shall make fine and ransom to the King which is for the common damage that the King and his People suffer by such a false accusation and defamation of any Subject And in the 42 Ed. 3. Cap. 3. To eschew the Mischiefs and damage done by
desolationibus tam sanctae Eccles quam Reg. factis per hoc iniquum Concilium Domini Regis contra magnas Chartas tot toties multoties emptas redemptas concessas confirmatas per tot talia Juramenta Domini Regis nunc Dominorum Henrici Johannis ac per terribiles fulminationes Excommunicationis sententiae in transgressores communium libertatum Angliae quae in chartis praedictis continentur corroboratas cum spes praeconcepta de libertatibus illis observandis fideliter ab omnibus putaretur stabilis indubitata Rex conciliis malorum Ministrorum praeventus seductus easdem infringendo contravenire non formidavit credens deceptive pro numere absolvi à transgressione quod esset manifestum regni exterminium Aliud etiam nos omnes angit intrinsecus quod Justiciarii subtiliter ex malitia sua ac per diversa argumenta avaritiae intolerabilis superbiae Regem contra fideles suos multipliciter provocaverunt incitaverunt sanoque salubri consilio Ligeorum Angliae contrarium reddiderunt consilia sua vana impudenter praeponere affirmare non erubuerunt seu formidaverunt ac si plus habiles essent ad consulendam conservandam Rempublicam quam tota Universitas Regni in unum collecta Ita de illis possit vere dici viri qui turbaverunt terram concusserunt Regnum sub fuco gravitatis totum populum graviter oppresserunt praetextuque solummodo exponendi veteres Leges novas non dicam Leges sed malas consuetudines introduxerunt vomuerunt ita quod per ignorantiam nonnullorum ac per partialitatem aliorum qui vel per munera vel timorem aliquorum potentum innodati fuerunt nulla fuit stabilitas Legum nec alicui de populo Justitiam dignabantur exhibere opera eorum sunt opera nequitiae opus iniquitatis in manibus pedes eorum ad malum currunt festinant ac viam recti nescierunt Quid dicam non est judicium in gressibus suis Quam plurimi liberi homines terrae nostrae fideles Domini Regis quasi viles ultimae servi conditionis diversis Carceribus sine culpa commiserunt ibidem carcerandi quorum nonnulli in carcere fame maerore vinculorum pondere defecerunt extorquerunt pro Arbritrio insuper infinitam pecuniam ab eâ—â—dem pro redemptione sua crumenas aliorum ut suas impregnarent tam à divitibus quam pauperibus exhauserunt ratione quorum incurriverunt odium inexorabile formidabile imprecationes omnium quasi tale incommunicabile privilegium per Chartam detest abilem de non obstante obtinuerunt perquiviserunt ut à lege divina humanaque quasi ad libitum immunes essent Gravamen insuper solitum adhuc sive aliquo modo saevit omnia sunt venalia si non quasi furtiva proh dolor Quid non mortalia pectora cogit Auri sacra fames Ex ore meo contra vos O Impii tremebunda coeli decreta jam auditis Agnitio vultuum vestrorum accusat vos peccatum vestrum quasi Sodoma praedicavistis nec abscondistis vae animae vestrae vae qui condunt leges scribentes injustitiam scripserunt ut opprimerent in judicio pauperes vim facerent causae humilium populi ut essent viduae praeda eorum pupillos diriperent vae qui aedificant domum suam injusticia coenacula sua non in Judicio vae qui concupiverunt agros violenter tulerunt rapuerunt domos oppresserunt virum domum ejus imo virum Haereditatem suam vae Judices qui sicut Lupi vespere non relinquebant ossa in mane Justus Judex adducit Consiliarios in stultum finem Judices in stuporem mox alta voce justum Judicium terrae recipietis His auditis omnium aures tinniebant totaque Communitas ingemuerunt Vide Mat. West Anno 1289. p. 376 li. 13. dicentes heu nobis heu ubi est Angliae toties empta toties concessa toties scripta toties jurata Libertas Alii de Criminalibus sese à visibus populi subtrahentes in locis secretis cum amicis tacite latitaverunt Anno vero 1290. 18. Ed. 1. deprehensis omnibus Angliae Justiciariis de repetundis praeter Jo. Metingham Eliam de Bleckingham quos honoris ergo nominatos volui judicio Parliamenti vindicatum est in alios atque alios carcere exilio fortunarumque omnium dispendio in singulos mulcta gravissima amissione officii Spelmans Glossary p. 1. co 1. 416. alios protulerunt in medium unde merito fere omnes ab officiis depositi amoti unus à terra exulatus alii perpetuis prisonis incarcerati alii que gravibus pecuniarum solutionibus juste adjudicati fuerunt AFter that the King for the space of three Years and more had remained beyond Sea and returned out of Gascoign and France into England he was much vexed and disturbed by the continual clamour both of the Clergy and Laity desiring to be relieved against the Justices and other His Majesties Ministers of several oppressions and injuries done unto them contrary to the good Laws and Customs of the Realm whereupon King Edward by his Royal Letters to the several Sheriffs of England commanded that in all Counties Cities and Market Towns a Proclamation should be made that all who found themselves agrieved should repair to Westminster at the next Parliament and there shew their Grievances where as well the great as the less should receive fit Remedies and speedy Justice according as the King was obliged by the Bond of his Coronation Oath And now that great day was come that day of judging even the Justices and the other Ministers of the King's Council which by no Collusion or Reward no Argument or Art of Pleading they could elude or avoid The Clergy therefore and the People being gathered together and seated in the great Palace of Westminster the Archbishop of Canterbury a man of eminent Piety and as it were a Pillar of the holy Church and the Kingdom rising from his Seat and fetching a profound sigh spoke in this manner Let this Assembly know that we are called together concerning the great and weighty Affairs of the Kingdom too much alas of late disturbed and still out of Order unanimously faithfully and effectually with our Lord the King to treat and ordain Vide Fleta Cap. 17. p. 18 19. Authoritas Officium ordinarii Concilii Regis Ye have all heard the grievous complaints of the most intollerable injuries and oppressions of the daily desolations committed both on Church and State by this corrupt Council of our Lord the King contrary to our great Charters so many and so often purchased and redeemed granted and confirmed to us by the several Oaths of our Lord the King that now is and of our Lords King Henry and John and corroborated by the dreadful thundrings of the sentence of Excommunication against the
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
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
the Reign of Our late Royal Brother King Charles the Second shall not at any time hereafter be required to be Taken Declared or Subscribed by any person or persons whatsoever who is or shall be Employed in any Office or Place of Trust either Civil or Military under Us or in Our Government And We do further Declare it to be Our Pleasure and Intention from time to time hereafter to Grant Our Royal Dispensations under Our Great Seal to all our Loving Subjects so to be Employed who shall not take the said Oaths or Subscribe or declare the said Tests or Declarations in the abovementioned Acts and every of them And to the end that all Our Loving Subjects may receive and enjoy the full Benefit and Advantage of Our Gracious Indulgence hereby intended and may be Acquitted and Discharged from all Pains Penalties Forfeitures and Disabilities by them or any of them incurred or forfeited or which they shall or may at any time hereafter be liable to for or by reason of their Non-conformity or the Exercise of their Religion and from all Suits Troubles or Disturbances for the same We do hereby give Our Free and Ample Pardon unto all Non-conformists Recusants and other Our Loving Subjects for all Crimes and Things by them commited or done contrary to the Penal Laws formerly made relating to Religion and the Profession or Exercise thereof Hereby Declaring That this Our Royal pardon and Indempnity shall be as Good and Effectual to all intents and purposes as if every individual person had been therein particularly named or had particular Pardons under Our Great Seal which We do likewise Declare shall from time to time be Granted unto any person or persons desiring the same Willing and Requiring Our Judges Justices and other Officers to take Notice of and Obey Our Royal Will and Pleasure herein before Declared And although the Freedom and Assurance We have hereby given in relation to Religion and Property might be sufficient to remove from the Minds of Our Loving Subjects all Fears and Jealousies in relation to either yet We have thought fit further to Declare That We will Maintain them in all their Properties and Possessions as well of Church and Abby-Lands as in any other their Lands and Properties whatsoever Given at our Court at Whitehall the Fourth Day of April 1687. In the Third Year of Our Reign By His Majesties Special Command A LETTER containing some Reflections on His Majesties Declaration for Liberty of Conscience Dated the Fourth of April 1687. SIR I. I Thank you for the Favour of sending me the late Declaration that His Majesty has granted for Liberty of Conscience I confess I longed for it with great Impatience and was surprised to find it so different from the Scotch Pattern for I imagined that it was to be set to the second part of the same tune nor can I see why the Penners of this have sunk so much in their stile for I suppose the same Men penned both I expected to have seen the Imperial Language of Absolute Power to which all the Subjects are to Obey without reserve and of the Cassing Annulling the stopping and disabling of Laws set forth in the Preamble and body of this Declaration whereas those dreadful words are not to be found here for instead of Repealing the Laws his Majesty pretends by this only to Suspend them and though in effect this amounts to a Repeal yet it must be confessed that the words are softer Now since the Absolute Power to which his Majesty pretends in Scotland is not founded on such poor things as Law for that would look as if it were the gift of the People but on the Divine Authority which is supposed to be delegated to his Majesty this may be as well claimed in England as it was in Scotland and the pretentions to Absolute Power is so great a thing that since his Majesty thought fit once to claim it he is little beholding to those that make him fall so much in his Language especially since both these Declarations have appeared in our Gazettes so that as we see what is done in Scotland we know from hence what is in some peoples hearts and what we may expect in England II. His Majesty tells his people that the perfect Injoyment of their Property has never been in any Case invaded by him since his coming to the Crown This is indeed matter of great Incouragement to all good Subjects for it lets them see that such Invasions as have been made on Property have been done without his Majesties knowledge so that no doubt the continuing to levy the Customes and the Additional Excise which had been granted only during the late King's Life before the Parliament could meet to renew the Grant was done without his Majesties knowledge the many Violences committed not only by Soldiers but Officers in all the parts of England which are severe Invasions on Property have been all without his Majesties knowledge and since the first Branch of Property is the Right that a man has to his Life the strange Essay of Mahometan Government that was shewed at Taunton and the no less strange proceedings of the present Lord Chancellour in his Circuit after the Rebellion which are very justly called his Campagne for it was an open Act of Hostility to all Law and for which and other Services of the like nature it is believed he has had the reward of the great Seal and the Executions of those who have left their Colours which being founded on no Law are no other than so many murders all these I say are as we are sure Invasions on Property but since the King tells us that no such Invasions have been made since he came to the Crown we must conclude that all these things have fallen out without his privity And if a standing Army in time of Peace has been ever lookt on by this Nation as an Attempt upon the whole Property of the Nation in gross one must conclude that even this is done without his Majesties knowledge III. His Majesty expresses his Charity for us in a kind wish that we were all Members of the Catholick Church in return to which we offer up daily our most earnest Prayers for him that he may become a Member of the truly Catholick Church for Wishes and Prayers do no hurt on no side but his Majesty adds that it has ever been his Opinion that Conscience ought not to be constrain'd nor people forced in matters of meer Religion We are very happy if this continues to be always his sense but we are sure in this he is no Obedient Member of that which he means by the Catholick Church for it has over and over again decreed the Extirpation of Hereticks It encourages Princes to it by the Offer of the pardon of their Sins it threatens them to it by denouncing to them not only the Judgments of God but that which is more sensible the loss of their Dominions
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
called The Publick Occurrences which came out to day and cannot but set you right as to his News about the Reading of the Declaration on Sunday He tells you That several Divines of the Church of England in and about this City eminent for their Piety and Moderation did yesterday Read his Majesties late Declaration in their Churches according to the Order in that behalf but some to the great surprize of their Parishoners were pleased to decline it You in the Country are from this Account to believe that it was Read here by the generality of the Clergie and by the eminent Men among them But I can and do assure you that this is one of the most impudent Lyes that ever was Printed For as to this City which hath above a Hundred Parishes in it it was Read only in Four or Five Churches all the rest and best of the Clergy refusing it every where I will spare their Names who read it but should I mention them it would make you who knows this City a little heartily to deride H. C's Account of them And for the Surprize he talks of the contrary of it is so true that in Woodstreet where it was read by one Dr. M. the People generally went out of the Church This I tell you that you may be provided for the future against such an Impudent Lyar who for Bread 〈…〉 and put about the Nation the falfest of things I am Yours AN ANSWER To the City Minister's LETTER from his Country Friend SIR IT is not for me now to acknowledge my private Debt to you for the favour of your Letter since the publick is as much concern'd in it as I and if I may judge of all by the compass of my Neighbourhood and Acquaintance I may assure you they are not insensible of your Obligation though they are ignorant of the Author The Country as far as my Intelligence reaches has followed the Example of the City and refused to read the Declaration of Indulgence according to a certain Order said to be the Kings which we in the Country can scarce believe to be His. For it has neither been signified to the Ordinaries according to the usual manner nor could those that dispersed it give any Account whence it came to them I have heard indeed that an Act of Council concerning it has been published in the Gazette which I never saw and if I had I should scarce have thought Authentick For I always took that Paper as for its Authority to have been all of a piece and that we were no more bound to take notice of any Order published there under any penalty than we are to believe all the News from Poland or Constantinople Nay though this Order had come to us in due form yet had we had great reason to suspect something of surreption and surprize upon his Majesty in this matter and that it could not proceed from his Majesty's free and full consent for we cannot yet forget his repeated professions of kindness to us and of satisfaction in our Principles and Duty and having done nothing since which might forfeit his goed Opinion we are unwilling to believe that it is His Majesties own mind and pleasure to loud us with such an Order as we cannot execute with any congruity safety or good Conscience I. As to his Majesties Declaration We of all his Majesties Subjects are the least concern'd in it and with all duty be it spoken we cannot see that our legal Establishment receives any Addition by this Declaration For there are yet thanks be to God no Penal Laws to which our Congregations are obnoxious and therefore we do not stand in need of any Toleration Yet it is upon us only that the Reading of it is imposed An Act which cannot well be construed otherwise than as a soliciting and tempting our own people to forsake our Communion If this Declaration must needs be read in any Religious Assemblies ' in reason surely it should be in those who wholly owe their substance to it It would better have become the Roman than the Protestan Chappels But in the Koman Church Indulgence hath another signification and belongs to those only that frequent their Churches but not to such as leave them for with them this is the only sin that is not capable of Indulgence But the Priests desire to be excus'd lest while they proclaim Toleration to others they bring an Interdict upon themselves Or why I pray was not Father Pen Ordered to publish it in his Meetings Or the worthy Mr. Lob the reputed Father of this Project why had not he the benefit of his own Invention and a Patent for being the sole Publisher of it within his own Pound Or why was not my Lord Mayor's private and elect Congregation thought worthy of so great a grace Surely it is not to draw upon us the envy of the Distenters that the honour of publishing this Declaration is impos'd upon us alone when it belongs to all other Communions in the Kingdom except our own And it we refuse it I hope it will be imputed to our Modesty for we are not ambitious of being impertinent or busie bodies in other mens matters A certain person much greaten than he deserves but perhaps not so high is said to have used the Words of Rabshaketh upon this occasion That the Church of England Clergy should eat their own Dung Isa 36.12 This sentence might better have become a Messenger of the King of Affyria than a pretended Counsellour of our own Prince though some make a question to which King he belongs But God be thanked we are not yet so straitly besieg'd as to be reduc'd to that extremity and though by the permission of God We should be reduc'd to so miserable a Condition We should I hope by the Grace of God be content to endure that and worse extremities if possible rather than Betray or Surrender the City of God But before that comes it is possible that the Throat that belch'd out this Nasty Insolence may be stopp'd with something which it cannot swallow II. Besides there are some passages in the Declaration which in Conscience we cannot read to our People though it be in the King's Name for among others we are to Read these Words We cannot but heartily wish as will easily be believed that all the People of our Dominions were Members of the Catholick Church Our People know too well the English of this and could not but be strangely surpriz'd to hear us tell them that it would be an acceptable thing to the King that they should leave the Truth and our Communion and turn Papists The Wish of a King when solemnly Declared is no light insignificant thing but has real influence and effect upon the minds of Men. It was but a Wish of Henry the Second that cut off F. Becket then Archbishop of Canterbury Councils and Courts of Justice too often bend to a King's Wishes though against their own
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
remember if they please that as once there was a time when the Court turned out or chid those Justices who were forward in the Execution of the Laws against Nonâ—nformists because they were then in so low a Condition that the Court was afraid the Church of England might indeed be established in its Uniformity So when the Nonconformists were by some Liberty grown stronger and set themselves against the Court Interest in the Election of Sheriffs and such like things then all those Justices were turned out who hung back and would not execute the Laws against them and Justices pickt out for the purpose who would do it severely Nay the Clergy were called upon and had Orders sent them to return the Names of all Nâ—nconformisis in their several Parishes that they might be proceeded against in the Courts Ecclesiastical And here I cannot forget the Order made by the Middlesex Justices at the Sessions at Hicks's Hall Jan. 13. 1681. Where they urge the Execution of the Act of 22 C. 2. against Conventicles because in all probability they will destroy both Church and State This was the reason which moved them to call upon Consiables and all other Officers to do their Doty in this Matter Nay to call upon the B. of London himself that he would use his utmost endeavers within his Jurisdiction that all such Persons may be Excommumcate This was a bold stroke proceeding from an unusual degree of Zeal which plainly enough signifies that the Bishops were not so forward as the Jaestices in the prosecuting of Dissenters Who may do well to remember that the House of Commons a little before this had been so kind to them that those Justices would not have dared to have been so severe as they were at Hicks's Hall if they had not been set on by Directions from White-Hall For in their Order they press the Execution of the Statute 1 Eliz. and 3 Jac. 1. for levying Twelve Pence a Sunday upon all those that do not come to Church Whereas the House of Commons Nov. 6. 1680. had Resolved Nemine Contradicente That it is the Opinion of this House That the Acts of Parliament made in the Reign of Queen Eâ—zâ—beth and King James against Popish Recusants ought not to be extended against Protestant Dâ—ssenters VI. Who should not forget how backward the Clergy of London especially were to comply with this Design of reviving the Execution of the Laws against them What Courses they took to save them from this Danger and what Hatred they incurred for being so kind to them Which in truth wâ—â— Kindness to themselves for now they saw plainly that Nothing was intended but the Destruction of us both by setting us in our turns one against the other Many indeed were possessed with the old Opinion that the Dissenters aimed at the Overthrow of the Government bâ—th in Church and State which made them the more readily joyn with those who were employed to suppress them by turning the Loge of the Laws upon them But both these were most industriously promoted by the Court who laboured might and main to have this believed that they who were called Wings intended the Ruine of the Church and of the Monarchy too and therefore none had the Court favour but they alone who were for the ruining of them all others were frown'd upon and branded with the Name of Trimmers who they adventured at last to say were worse than Whigs Meerly because they seeing through the Design desired those ugly Names of Whig and Tory might be laid aside and perswaded all to Moderation Love Vnity and Peace If any Man had these dangerous Words in his Mouth he had a Mark set upon him and was lookt upon as an Enemy as soon as he discovered any Desires of Reconciliation No Peace with Dissenters was then as much in some Mens Mouths as no Peace with Rome had been in others They were all voted to Destruction and it was an unpardonable Crime so much as to mention an Accommodation Such things as these ought not to be forgotten VII But if they list not to call them to mind though they be of fresh Memory yet let them at least consider what they have had at their Tongues end ever since they knew any thing That the Church or Rome is a persecuting Church and the Mother of Persecution Will they then be deluded by the present Sham of Liberty of Conscience which they of that Church pretend to give It is not in their Power no more than in their Spirit They neither will nor can give Liberty of Conscience but with a Design to take all Liberty from us That Church must be obeyed and there it no middle Choice among them between Turn or Burn Conform or be undone What Liberty do they give in any Country where their Power is established What Liberty can they give who have determined that Hereticks ought to be rooted out Look into France with which we have had the strictest Alliance and Friendship along time and behold how at this Moment they compel those to go to Mass who they know abhor it as an abominable Idolatry Such a violent Spirit now acts them that they stick not to prophane their own most holy Mysteries that they may have the Face of an Vniversal Conformity without the least Liberty For the New Converts as they are called poor Wretches are known to be mere outward Compliers in their Hearts abominating that which they are forced eternally to worship They declare as much by escaping form this Tyranny over their Consciences and bewailing their sinful Compliance whensoever they have an Opportunity And they that cannot escape frequently protest they have been constrained to adore that which they believe ought not to be adored And when they come to die refuse to receive the Romish Sacrament and thereupon are dragg'd when dead along the Streets and thrown like dead Dogs upon the Dunghils Unto what a height of Rage are the Spirits of the Romish Clergy inflamed that it perfectly blinds their Eyes and will not let them see how they expose the most sacred thing in all their Religion the Holy Sacrament which they believe to be Jesus Christ himself to be received by those who they know have no Reverence at all for it but utterly abhor it For they force them by all manner of Violence to adore the Host against their Will and then to eat what they have adored though they have the greatest reason to believe that those poor Creatures do not adore it That is the Church of Rome will have her Mysteries adored by all though it be by Hypocrites None shall be excused but whether they believe or not believe they shall be compelled to do as that Church doth Nothing shall hinder it for the Hatred and Fury wherewith they are now transported is so exceeding great that it makes them as I have said offer Violence even to their own Religion rather than suffer any Body not to conform to it VIII
that detain Church-Lands especially since the Papists themselves â—ehâ—mently accuse King Henry the eighth for sacrilegiously robbing of Religious Houses and seising of their Lands a great pâ—â—t of which Lands are to this very day possess'd by Papists Now though there may be some Plea for the Popes Authority in the interim of a general Council and in such things wherein they have made no determination yet in this matter there is no colour for any pretences since the Council of Trent was actually assembled within sew years after these Alienations and expresly condemned the possessors of Abby Lands and after all this was all consirm'd and ratified by the Pope himself in his Bulla Super conf gen Concil Trid. A. D. 1564. And tho' we have here the Judgment of the infallible See as to this matter in the Consirmation of the Trent Council yet because there be some that magnifie the Popes extravagant and unlimited power over the Church and pretend that he confirm'd the Abby-Lands in England to the Lay-possessors of them I shall shew Secondly That the Pope neither hath nor pretends to any such Power nor did ever make use of it in this matter under debate only I shall premise that whereas some part of the Canon Law seems to allow of such particular alienations as are made by the Clerks and Members of the Church with the consent of the Bishop yet such free consent was never obtained in England and as to what was done by force fraud and violence is of so little moment as to giving a legal Title that even the alienations that were made by Charles Martell who is among the Papists themselves as infamous for Sacriledge as King Henry the Eighth yet even his Acts are said to be done by a Council of Bishops as is acknowledg'd by Dr. Johnston in his assurance of Abby Lands p. 27. I shall proceed to shew First That the Pope hath no such power as to confirm these Alienations and this is expresly determined by the infallible Pope Damasus in the Canon-Law Caus 12.9.2 c. 20. The Pope cannot alienate Lands belonging to the Church in any manner or for any necessity whatsoever both the buyer and the seller lie under an Anathema till they be restored so that any Church-man may oppese any such Alienations and again require the Lands and Profits so Alienated So that here we have a full and express Determination of the infallible See And tho in Answer to this it is urg'd by Dr. Johnston that this Canon is with small difference published by Binius in the Councils and so as to confine it to the suburbicacy Diocess of Rome yet that this Answer is wholly trivial will appear First Because if the Bishop of Rome hath no Authority to confirm such alienations in his own peculiar Diocess where he hath most power much less can he do it in the Provinces where his power is less Secondly That in all Ecclesiastical Courts of the Church of Rome it is not Binius's Edition of the Councils but Gratian's Collection of Canons that is of Authority in which Book these words are as here quoted Thirdly Since this Book of the Popes Decree hath been frequently reprinted by the Authority and Command of several Popes and constantly used in their Courts this is not to be look'd upon as a Decree of Pope Damasus only but of all the succeeding Popes and in the opinion of F. Ellis Sermon before the King Decem. 5. 1686. p. 21. what is inserted in the Canon Law is become the whole Judgment of the whole-Church Fourthly It 's absolutely forbid by Pope Gregory the Thirteenth in his Bull presixed before the Canon-Law A. D. 1580. for any one to add or invert any thing in that Book So that according to this express Determination in the Popes own Law the Bishops of Rome have no power to confirm any such Alienations as have been made in England and agreeable to all this Pope Julius the Fourth the very person that is pretended to have confirm'd these Alienations declar'd to our English Ambassadors that were sent upon that Errand That if he had Power to grant it he would do it most readily but his Authority was not so large F. Paul's H. of Council of Trent Lond. A. D. 1629. And therefore all Confirmations from the Bishop of Rome are already prejudg'd to be invallid and of no force at all Secondly No Bishop of Rome did ever confirm them The Breve of Pope Julius the Third which gave Cardinal Pool the largest powers towards the effecting this had this express limitation Salvo tamen in his quibus propttr renem magnitudinem gravitatem haec Sancta sedes merito tibi videtur consulenda nostro prefatae sedis beneplacito confirmatione i. e. Saving to us in these matters in which by reason of their weight and greatness this Holy See may justly seem to you that of right it ought to be consulted the good pleasure and confirmation of us and of the holy See which is the true English to that Latin and that this whole Kingdom did then so understand these words is evident from the Ambassadors that were sent to Rome the next Spring Viz. Viscount Moitecute Bishop of Ely and Sir Edward Carn These being one to represent every state of the Kingdom to obtain of him a Confirmation of all those Graces which Cardinal Pool had granted Burnet's H. Ref p. 2. f. 300. So that in the esteem of the whole Nation what the Cardinal had done was not valid without the Confirmation of the Pope himself Now this Pope Julius and the next Marcellus both died before there is any pretence of any Confirmation from Rome but this was at length done by Pope Paul the Fourth is pretended and for proof of it three things are alledged First The Journals of the House of Commons where are these words After which was read a Bill from the Popes Holiness confirming the doing of my Lord Cardinal touching the assurance of Abby Lands c. Secondly a Bull of the same Pope to Sir Will Peters Thirdly The Decrees of Cardinal Peol and his Life by Dudithius To all which I answer First That it s confess'd on all hands that there is no such Bull or Confirmation by Pope Paul the Fourth to be any where found in the whole World not any Copy or Transcript of it not in all the Bullaria nor our own Rolls and Records tho' it be a matter of so great moment to the Roman Catholicks of England and what cannot be produced may easily be denied Nor can it be imagined that a Journal of Lay-persons that were parties concerned or a private Bull to Sir Will Peters or some hints in the Decrees and Life of the Cardinal will be of any moment in a Court at Rome whensoever a matter of that vast consequence as all the Abby Lands in England shall come to be disputed especially if it be observed that this very Journal of the House of Commonâ— is
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
any thing clause or sentence in the said Act contained to the contrary â—â—ithstanding Sect. 3. Provided always and it is hereby Enacted That neither this Act nor any thing herein conâ—â—ined shall extend or be construed to ravive or give Force to the said Branch of the said Statute wade in the said First Year of the Reign of the said Late Queen Elizabeth mentioned in the said Act if Parliament made in the Seventeenth Year of the Reign of the said King Charles but that the said Branch of the said Statute made in the said First Year of the Reign of the said Late Queen Elizabeth scall stand and be Repealed in such sort as if this Act had never been made Sect. 4. Provided always and it is hereby Enacted That it shall not be lawful for any Arch-bishop Bishop Vicar-General Chancellor Commissary or any other Spiritual or Ecclesiastical Judge Officer or Minister or any other person having or exercising Spiritual or Ecclesiastical Jurisdiction to Tender or Administer unto any Person whatsoever the Oath usually called Ex Officio or any other Oath whereby such person to whom the same is tendred or administred may be charged or compelled to confess or accuse or to purge him or herself of any Criminal matter or thing whereby he or she may be liable to Censure or Punishment any thing in this Statute or any other Law Custom or Vsage heretofore to the contrary hereof in any wise notwithstanding Sect. 5. Provided always That this Act or any thing therein contained shall not extend or be construed to extend to give unto any Arch Bishop Bishop or any other Spiritual or Ecclesiastical Judge Officer or other person or persons aforesaid any Power or Authority to Exercise Execute Inflict or Determine any Ecclesiastical Jurisdiction Censure or Coertion which they might not by Law have done before the Year of our Lord 1639. 2. Nor to abridge or diminish the Kings Majesties Supremacy in Ecclefiastical Matters and Affairs nor to confirm the Canons made in the Year 1640. nor any of them nor any other Ecclesiastical Laws or Canons not formerly confirmed allowed or enacted by Parliament or by the established Laws of the Land as they stood in the Year of our Lord 1639. From the Title of the Act and the Act it self considered I gather First That it is an Explanatory Act of the 17th of Car. 1. as to one particular Branch of it and not introductive of any new Law Secondly That the Occasion of making it was not from any Doubt that did arise VVhether the High Commission Court were taken away or whether the Crown had Power to erect any such like Court for the future but from a Doubt that was made that all ordinary Power of Coertion and Proceedings in Causes Ecclefiastical was taken away whereby Justice in Ecclesiastical Matters was obstructed and this Doubt did arise from a Clause in 17 Car. 1. ca. 11. Sect. 4. herein mentioned to be recited in the said Act of 13 Car. 2. ca. 12. Thirdly That this Statute of 13 Car. 2. ca. 12. as appears upon the Face of it was made to the intent the ordinary Jurisdiction which the Bishops and other Ecclesiastical Persens had always exercised under the Crown might not be infringed but not to restore to the Crown the power of Delegating the Exercise of Ecclesiastical Jurisdiction by Letters Patents to Lay persons or any others and as to this nothing can be plainer than the VVords of the Act it self Sect. 2. Whereby 17 Car. 1. is repealed but takes particular care to except what concerned the High Commission Court or the new Erection of some such Court by Commission Neither did the Law-makers think this Exception in that Statute of 13 Car. 2. ca. 12. Sect. 2. to be sufficient but to put the Matter out of all doubt in the Third Section of the same Statute It is provided and Enacted That neither that Act nor any thing therein contained should extend or be construed to revive or give force to the Branch of 1 Eliz. 1. Sect. 18. but that the same Branch shâ—â—â— stand absolutely Repealed And if so then the power of the Crown to delegate the Exercise of Ecclesiastical Jurisdiction is wholly taken away for it was vested in the Crown by 1 Eliz. 1. and taken away by 17 Car. 1. ca. 11. and is in no manner restored by 13 Car. 2.12 or any other But there may arise an Objection from the VVords in the Statute of 13 Car. 2. ca. 12. that saith That that Act shall not extend to abridge or diminish the Kings Majesties Supremacy in Ecclesiastical Matters and Affairs VVhence some Men would gather that the same power still remains in the Crown that was in it before 17 Car. 1. ca. 11. To which Objection I give this Answer That every Law is to be so constructed that it may not be Felo de se and that for the Honour of the Legislators King Lords and Comment Now I would appeal to the Gentlemen themselves that assert this Doctrine VVhether they can so construe the Act of 13 Car. 2. ca. 12. as they pretend to do without offering Viâ—lence to their own Reason For when the 1 Car. 1. ca. 11. had absolutely repealed the Branch of 1 Eliz. 1. that vested the power in the Crown of Delegating the Exercise of Ecclesiastical Jurisdiction and Enacts That no such Commission shall be for the future and the Act of 13 Car. 2. ca. 12. Repeals the 17 Car. 1. ca. 12. except what relates to that particular Branch there can no more of the Kings Supremacy in Ecclesiastical Matters and Affairs be saved by the saving in the 13 Car. 2. ca. 12. but what was left in the Crown by 17 Car. 1. ca. 11. And now I hope I have sufficiently evinced That all the Proceedings before the Ecclesiastical Commissioners are CORAM NON JVDICE and therefore have sufficient Reason to believe That the same would never have been set on foot by his present Majesty who had always the Character of JAMES the Just and hath promised upon his Royal VVord That he will invade no Mans Property had he not been advised thereunto by them who are better versed in the Canons of the Church of ROME than in the Laws that relate to the CROWN and CHURCH of ENGLAND A LETTER Writ by Mijn Heer Fagel Pensioner of Holland to Mr. James Stewart Advocate Giving an Account of the Prince and Princes of Orange's Thoughts concerning the Repeal of the Test and the Penal Laws SIR I Am extream sorry that my ill health hath so long hindred me from Answering those Letters in which you so earnestly desired to know of me what their Highnesses thoughts are concerning the repeal of the Penal Laws and more particularlarly of that concerning the Test I beg you to assure your self that I will deal very plainly with you in this matter and without reserve since you say that your Letters were writ by the King's knowledge and allowance I must
Opportunity is precious and very slippery and if they let the present Occasion pass by they can hardly ever hope that it will be possible for them to recover it That their Fathers and Grand-fathers would have thought themselves in Heaven to have had such an Offer as this is in any of the four last Reigns and therefore that they had better be contented with Half a Loaf than no Bread I mean it will be their VVisdom to embrace this Golden Occasion of putting themselves on a Level with all other English Men at least as to their private Capacity and to disarm once for all the severity of those Laws which if ever they should come to be in good earnest executed by a Protestant Successor will make England too hot for them And therefore I should particularly advise those among them who have the Honour to approach his Majesty to use their Credit to prevail with him to make this so necessary a step in Favour of the Nation since the Successors have advanced two Thirds of the way for effecting so good and pious a VVork Then and not till then the R. C's may think themselves secured and his Majesty may hope to be great by translating Fear and Anger from the Breasts of his Subjects to the Hearts of his Own and the Nations Enemies But if an evil Genius which seems to have hovered over us now a long time will have it otherwise if I were a R. C. I could meddle no more but live quiet at home and caress my Protestant Neighbours and in so doing I should think my self better secured against the Resentments of the Nation than by all the Forces Forts Leagues Garranties and even Men Children that His Majesty may hope to leave behind him As for the Protestant Dissenters I am confident the Body of them will continue to behave themselves like Men who to their great Honour have ever preferred the Love of their Country and Religion to all Dangers and Favours whatsoever but there are both weak and interested Men among all great Numbers I would have them consider how much the state of things is altered upon the coming out of this Letter for if hitherto they have been too forward in giving Ear to Proposals on this Mistake that they could never have such a favorable Juncture for getting the Laws against them repealed I hope now they are undeceived since the Successors have pawn'd their Faith and Honour for it which I take to be a better security as Matters go at present than the so much talked of Magna Charta for Liberty of Conscience would be tho got in a legal way for our Judges have declared That Princes can dispense with the Obligation of Laws but they have not yet given their Opinion that they can dispense with the Honour of their Word nor have their Highnesses any Confessor to supply such an Omission However it is not to be charged on their Highnesses if such a Magna Charta be not at present given them provided the Test be let alone but I fear the Roman Catholicks Zeal will have all or nothing and the Test too must be repealed by wheedling the Dissenters to joyn with willing Sheriffs in violating the Rights of Elections which are the Root of the Liberties of England prudent way of recommending their Religion to all true English Men. But if any of the Dissenters be so destitute of Sense and Honesty as to prefer a Magna Charta so obtained Void and Null in it self to their own Honour and Conscience to the Love and Liberties of their Countrey to the present Kindness of all good Men and their Countenance at another time and above all to the Favour and Word of the Successors who have now so generously declared themselves for them We may pronounce that they are Men abandoned to a reprobate Sence who will justly deserve Infamy and the hatred of the Nation at present and its Resentments hereafter Is it possible that any Dissenter who either deserves or loves the Reputation of an honest Man can be prevailed with by any pretences of Insinuations how plausible soever to make so odious and pernicious a Bargain as that of buying a precarious pretended Liberty of Conscience at the price of the Civil Liberties of their Country and at the price of removing that which under God is the most effectual Bar to keep us from the Dominion of a Religion that would as soon as it could force us to abandon our own or reduce us to the miserable Condition of those of our Neighbours who are glad to forsake all they have in the World that they may have their Souls and Lives for a Prey As for the Church of England their Clergy have of late opposed themselves to Popery with so much Learning Vigor Danger and Success that I think all honest Dissenters will lay down their Resentments against them and look on that Church as the present Bulwark and Honour of the Protestant Religion I wish those high Men among them who have so long appropriated to themselves the Name and Authority of the Church of England and have been made Instruments to bring about Designs of which their present Behaviour convinces me they were ignorant as I suppose many of the Dissenters are whose turn it is now to be the Tools I say I wish such Men would consider to what a pass they have brought Matters by their Violences or rather the Violences of these whose Property they were and at length be wise They cannot but be sensible of the Advantages they receive by this Letter I suppose they apprehend I am sure they ought to do it that the Ruine of their Church is resolv'd onâ— But if the Dissenters upon this Letter withdraw themselves the R. C's have neither Hearts to keep firm to such a Resolution nor Hands to execute it Since therefore they themselves have unhappily brought their Church into such Precepices by provoking the Dissenters it is in a particular manner their Duty as well as their Interest to endeavour to soften them by assisting the Letter and promoting the Design of it But if the old Leaven still remain and they continue to argue as formerly if the Surplice be parted with the Church of England is lost if the Penal Laws be repealed the Test wâ—â— follow and comfort themselves with this most Christian Reflection that the R. Câ—â— will 〈◊〉 accept of what is offered them such Men deserve all the Misery that is preparing for them and will perish without Pity and give thinking Men occasion to remember the Proveâ—â— But a Fool or a Zealot in a Mortar yet his Foolishness will not depart from him But the Disseâ—â—â—â— ought not to be much concerned at this they have their own Bigots and the Church â—â—â—land theirs there will be Tools whilst there are Workmen This is a time for Wisdom to be justified of her Children when honest Men 〈…〉 off minding the lesser Interests of this or that particular Church and
have applied himself to any other Employment rather than have betaken himself to writing being a thing which Nature never intended him for and especially upon a Subject so far above the reach of his understanding and against a discourse of that solid and well-digested strength that even the Reverend Fathers whose Letter-carrier he used to be if we be not strangely mistaken in the Gentleman had so much wit as not to attack it As knowing that notwithstanding all their Art in Sophistry they must have come off baffled and that their false colours would have been easily detected by the beams of that light which dart themselves forth in all the parts of that excellent Paper And I dare farther say that as Mr. Stewart will never much value himself upon the being esteemed by one either of this Gentleman 's Religious Principles or of his intellectual Accomplishments so I can never think that he can be so much degenerated from what he formerly was as to obtain the approbation of his mind to return any considerable degree of honour to a person who upon all accounts does so little merit it unless it be that he may possibly challenge it by vertue of an undeserved Title and of a Character that he is exceeding ill qualified for However seeing Fools will be medling tho' they are sure to come by the worst I shall reduce all I have to say in Castigation of this vain and presumptuous man to the seven following heads 1. His Falsifications in reference to several parts of Mijn Heer Fagel's Letter 2. His Injustice to Their Highnesses the Prince and Princess of Orange and the hidden spleen he every where ventureth to express against them 3. His slanderous Calumnies against the States of these Provinces and how he studies to excite their Roman Catholick Subjects to disturb the Peace and Tranquillity of this Country 4 His Shameless Impudence in endeavouring to impose upon the World as if the Protestant Dissenters in England were concluded by Their Highnesses to stand hereafter involved in the same rank and condition with the Papists 4. His Publishing the Villany of the Romish Church and proclaiming the Injustice and Dishonour of the most Eminent Papal Monarchs while he pretends to commend and justifie the proceeding of his Majesty of Great Brittain 6. His egregious Ignorance in relation to Government Laws Customs and matters of Fact Lastly The signal Ingratitude of the Papists towards Their Royal Highnesses for all that Grace Favour and Ease which they were willing to have allowed unto them As to the first 'T is known to be a received Principle among the Casuists of the Society that it is at most but a venial sin to detract from misrepresent and calumniate those whom they either take to be their Enemies or do conceive to have done them any ways a prejudice And tho' the Opinion authorising such a practice be condemned by a Bull of the present Pope bearing date Anno 1679 yet our Author is more a Vassal to the Ignatian Order than upon the Authority of one whom the Jesuites do so little value to forbear putting a Doctrine into exercise which he hath been so well instructed in by these Reverend Fathers and especially when he finds it so conduceable to his design and interest What can be remoter from Truth as well as Ingenuity than to charge Monsieur Fagel with confining the name of Protestants in England only to those of the Conformable Communion and with excluding the Dissenters from the glorious priviledge of that appellation For tho' it be true that thro' the hatred and violence of the late King and his present Majesty to the Fanaticks and by vertue of their Commands to a Company of Mercenary timorous and servile Justiciaries and Officers it hath some time come to pass that the Laws which were originally enacted and only intended against Papists have been executed upon Dissenters yet all men know that to have been a perversion of Justice seeing in all the Statutes to the Penalties whereof they were made obnoxious they are still considered and acknowledged for Protestants and made liable to sufferings by no other Title than that of persons differing from the Church of England in matter of Discipline and about Forms and Rites of External Worship Nor is there one word in Mijn Heer Fagel's Letter whereby they are precluded from that stile or any ways represented as unworthy of it While they stand obnoxious to several Laws in which the Members of the Church of England have no concernment nor are in any danger from it was impossible to avoid the giving them a name by which they might be distinguished from those of the Legal and National Communion And so tender hath the Pensionary been of charactering them by any offensive or harsh denomination that he hath not so much as once in his whole Letter called them Fanaticks tho' it be an appellation that hath been vulgarly affixed to them but he hath chosen always to denominate them by the name of Dissenters which is not only the softest Term they can be described by but that which themselves have elected as the stile by which they are willing to be discriminated from their fellow Protestants with whom they differ in some few and little particulars And many of them being people whose Principles are coincident and agreeable with theirs of the Legal Establishment in Holland in whose Fellowship Monsieur Fagel is known to be it could not have entred into the thoughts of any save one of our Authors Intellectuals and Integrity either to charge upon him or so much as to imagine that he should be so injurious to himself and to the Dutch Churches as to preclude those from the list of Protestants But whether this calumnious charge and falsification be the fruit of an Irish Understanding or of Papal Sincerity or the effect of both I shall leave others to judge who may possibly know this Author better than I pretend to do Only this I shall add that he proceeds with the same wit and honesty as he hath begun For from Their Highnesses declaring that they cannot agree to the Repeal of the Tests and Monsieur Fagel's thereupon saying that these Laws inflict not any mulct or penalty upon the Roman Catholicks but that they are only means of securing the Reformed Religion thro' containing provisions by which men are to be accounted qualified for Members of Parliament and to bear publick Offices our Author does by a strange kind of falsification and calumny fasten upon him his having affirmed That the Non-conformists are to be accounted dangerous Enemies of the State and not to be admitted into any Publick Employments He must either be of a very unusual and perverse frame of mind or extreamly ignorant of the nature of those Laws and the Terms wherein they are enacted otherways it is impossible he should imagine how the Dissenters are capable of receiving prejudice by them Seeing all required by those Laws toward the qualifying
persons to sit in Parliament and to exercise Offices in Church and State is only to declare that they do believe there is not any Transubstantiation in the Sacrament of the Lord's Supper or in the Elements of Bread and Wine at or after the Consecration by any persons whatsoever and that the Invocation of the Virgin Mary or any other Saint and the Sacrifice of the Mass as they are now used in the Church of Rome are Superstitious and Idolatrous And this Declaration the Non-conformists are of all people the most inclinable and forward to make and therefore very far by vertue of those Statutes from standing incapable of any Trust Office and Employment that other Subjects are admitted unto Nor hath there been a Protestant Dissenter since the first hour that these Laws were enacted that ever scrupled to take the Tests or that was precluded from Office and Employment for refusing them But on the contrary several of the most famous Dissenters such as Sir John Hartop Alderman Love and Mr. Eyles persons who at all times have kept at the greatest distance from Communion with the Church of England by reason of her Forms and Ceremonies are known to have chearfully made the Declaration contained in the Test Laws and thereupon to have sit as Members in divers Parliaments And as a further demonstration of the impudence and dishonesty of our Author in this particular it is not unworthy of remark that tho' the King hath taken upon him to dispense with the Tests and to prohibit the requiring them yet the Dissenters who have since that time been preferred to publick Trusts continue still to take them and go to the respective Courts where by Law the Declaration is enjoined to be exacted and there demand the being admitted to make it Tho' in the mean season they cannot be unsensible that it is the thing in the World whereby they most highly offend his Majesty it being both a proclaiming the Illegality of that Authority which he challengeth of dispensing with Laws and a defeating so far as lieth in them his great design as well as artifice for the introducing of Popery which his Soul is so much in travel with And were not this Author both a person of a most depraved Conscience and destitute of all common sense he would never have slandered Monsieur Fagel and so egregiously perverted his plain meaning as to tell us that tho' he be a Hollander and a Non-conformist yet he thanks God for the Test Laws by which his Non-conforming Brethren in England of what degree and quality soever they be stand excluded from Publick Employments For every one that will be so kind to himself and so just to the Pensionary as to read his Letter will immediately discern that there is not one word in it upon which to superstruct this calumny and accusation seeing he therein affirms in repeated and emphatical Terms that all contained in and designed by the Test Laws is the securing the Reformed Religion thro' the having provided that none be allowed to sit in Parliament nor admitted to Publick Offices except they declare that they are of the Reformed and not of the Roman Catholick Religion So that how Monsieur Fagel's Non-conformity Brethren in England should come to be affected by these Laws so as to receive any prejudice by them is that which none but a person of our Author's wit integrity and candor could have had the faculty either to conceive or alledge But that we may come to the second particular there is the less reason to wonder at this Gentleman's calumniating Mijn Heer Fagel and affixing dull tho' malicious Forgeries of his own unto him if we do but consider-with what petulancy and injustice he treats Their Serene Highnesses and at the gate of their own Court assumeth the confidence to misrepresent lessen and asperse them The nearness which those Princes stand in to the ascending the English Throne and the joyful prospect which all Protestants have of it exciteth a discontent and rage in our Author which he knows not how either to suppress or govern For not to mention what we learn of the kindness of Roman Catholicks to an Heir professing the Reformed Religion from the proceedings of Sixtus Quintus and the Papists in France towards Henry 4. we are sufficiently instructed what good will they bear to a Protestant Successor by the Bull which Clement 8. published about the End of Queen Elizabeth's Reign For the Supream and Infallible Head does therein ordain That when it should happen to that miserable Woman to die they should admit none to the Crown quantumque propinquitate sanguinis niterentur nisi ejusmodi essent qui fidem Catholicam non modo tolerarent sed omni ope ac studio promoverent more majorum jurejurando se id praestituros susciperent whatsoever Right and Title they should have thereunto by vertue of their next affinity in blood unless they should first swear not only to tolerate but to advance and establish the Romish Religion Nor can I avoid being filled with fear and reverence to the safety of some certain persons when I remember how Cardinal Baronius commends Irene for murdering the Emperor her Son because he was against the Worship of Images and not only calls it Justitiae zelum a righteous zeal but adds Christum docuisse summum pietatis genus esse in hoc adversus filium esse fidelem That Christ hath taught the perfiction of Religion in such a case to consist in fidelity to the Church tho' by destroying one that was both her Son and her Soveraign 'T is a high piece of injustice in our Author towards Their Highnesses and calculated for no other end but to alienate his Majesties affections from them when he tells us that the thing aimed at in the writing of the Pensionary's Letter as well as that pursued in the manner of publishing it was to obstruct the King's righteous pious designs and to render them unpracticable For the Letter being written in obedience to the Command of Their Highnesses to declare their Opinion in reference to the several matters about which it treateth it plainly follows that tho' Mijn Heer Fagel be accountable for the manner of cloathing and delivering their thoughts and for the Order and Method in which things are digested and possibly for the ratiocinations by which they are supported and enforced yet that the Prince and Princess are the persons who are alone responsible for the End unto which it was intended And it appears to have been so far from their intentions thereby to obstruct and defeat any pious and just designs of his Majesty that nothing can be more visible than that as it is admirably adapted to the giving ease and security to all his Protestant Subjects so it offereth means for relieving the Papists from the severe Laws to which they are liable and for the granting them a Warranty in a legal way for the exercise of their Religion Nor doth it
there that injustice in it which our Author does imagine For not being satisfied to remain disobedient and refractory to an Edict and Decree of the Arch-Duke Matthias and the Council of State who Anno 1578. had appointed that wheresoever there were a hundred Families of those professing the Reformed Religion that they should there be allowed a Church or Chappel for the exercise of their Worship they not only broke all their capitulations made with the Protestants thro oppressing them in various severe unjust method's and in denying them a decent and convenient place in which they might bury their dead but they were found to be still inclining to the Spanish Interest and ready to espouse it upon the first convenient opportunity And therefore the Protestants who were by much the majority partly to relieve themselves from the sufferings which were daily inflicted upon them contrary to stipulations and Articles and partly to prevent the mischiefs which would have ensued to the whole Country should that City have been betrayed again into the power and hands of the Spaniards assumed the Government to themselves and eased the other party of the Trust which they had so unwisely and unrighteously managed Nor can our Author deny but that since they took on them the Ruling Authority they have exercised it with all the moderation that can be expressed And have been so far from returning to the Roman Catholicks the like measures which themselves had met with that they have in no one thing given them cause to complain unless they should quarrel that they are kept out of capacity of doing the mischief their priests would otherway's be ready to excite them unto and which their Religion would countenance them in But it is now time that I should proceed to the fourth thing for which I promised to call our Anonymous Answerer to an account And were he not of a singular Forehead and of a peculiar complexion from all others he could not have had the impudence to endeavour to deceive the world into a belief that the Protestant Dissenters in England stand listed by their Highnesses into the same rank with the Papists and that they are hereafter to expect to be shut up into the same state and condition Certainly he must either have an Antipathy woven into his nature against all truth and sincerity or else thro having long accustomed himself to the misreporting of persons and to the giving false representations of things he must at last have acquired an incurable Habit otherwise it were impossible to prevaricate to that degree from truth in every thing he medleth with and which he undertaketh to say For Mijn Heer Fagel having declared that the reason why their Highnesses can not agree to the Repeal of the Test Laws is because they are of no other tendency than to secure the Reformed Religion from the designs of the Roman Catholicks and that they contain only conditions and provisions whereby men may be qualified to be Members of Parliament and to bear publick Offices Our Author hereupon tells us That the Nonconformists as well as the Roman Catholicks do apprehend that they receive a great deal of damage by those Laws and do account them extremely prejudicial to their Persons and Families And where as Monsieur Fagel had said that he would be glad to hear one good Reason whereby a Protestant fearing God and concerned for his Religion could be prevailed upon to consent to the Repealing of these Laws which have been enacted by the Authority of King and Parliament and that have no other tendency save the providing for the safety of the Reformed Religion and the hindring Roman Catholicks from being in a capacity to subvert it Our Author in way of reflection upon this tells us that it is not only a Childish demand but that it is to be hop'd that the pensionary will from hence be brought to acknowledg how trifling and weak all those Reasons are by which he would preclude the Nonconformists as well as the Roman Catholicks from publick Employments So that by these and many other passages equally false and disingenuous in our Author 's pretended Answer which for brevity's sake I forbear to mention it is apparent that he endeavours to perswade the world into a belief that the Dissenters are staed by their Highnesses in the same rank and condition with the Papists and are to expect to be treated in the same manner in case it please the Almighty God to bring Their Highnesses to the Throne One would wonder at this sudden and strange change in the opinion and conduct of the Papists towards the Nonconformists that they who were represented by them a while ago ' as unfit to live in His Majesties Dominions should now come to be accounted the Kings best and most Faithful Subjects and worthy to be advanced to the chief Trusts and Employ's 'T is but a few years since that all the Laws enacted against them were judged to be too few and gentle and therefore they had Laws executed upon them to which the Legislators had never made them obnoxious but now the Roman Catholicks are become so tender of their ease and safety that out of pure kindness unto them if any will be so foolish as to believe it they must have Laws abrogated which in the worst times and during the most illegal and barbarous procedures against them they were never affected with nor suffered the least prejudice by And whereas it was the only way for persons heretofore to make their Court at St. James's by declaiming against the Dissenters as Rebels and Traitors and by putting them into a salvage Dress to be run upon as beasts of prey it is now grown the only method of becoming gracious at Whitehall to proclaim their Loyalty and to cry them up for the only people in whom his Majesty with safety to his Person and Crown can repose a confidence But under all the Shapes which the Papists do assume they may be easily discovered to retain the same malice to the Reformed Religion and only to act those various and opposite parts in order the better to subvert it And the Dissenters being harassed and oppressed before and indulged and caressed now was upon the same motive of hatred unto it and in subserviency to its extirpation The method's are altered but the design is one and tho they have changed their Tools yet they remain constant in the pursuance of the same End While they of the Church of England were found compliant with the ways which the Factors for Rome thought serviceable thereunto they were not only the Favourites of the Court and of the whole Popish party but were gratified at least as was pretended with a rigorous execution of the Penal Laws upon Dissenters But there remaining several steps to be taken for the introduction of Popery and the extirpation of the Reformed Religion which they of the National Communion would not go along with them in they are forced to
prove effectual to give them the slenderest ground of confidence of their obtaining a Parliament of that mould and constitution And the second is that all the Members must take the Tests before they can be a Legal Parliament and then there is little probability that they who can make the Declaration required in these Laws will be inclinable to Repeal them especially at a season when their own safety as well as that of the Protestant Religion renders it so necessary to have them maintained Whatsoever any Body of men by what name soever they be called or within what walls soever they assemble shall attempt to do without first having taken the Tests is ipso facto null and void in Law and will serve to no Legal purpose but to make themselves obnoxious to the severest punishments which the Justice of a provoked and betrayed Nation can be able to inflict upon them So that we do not doubt what the King would do for the re-establishing Popery and banishing the Protestant Religion could he get a Parliament to his mind but our hope is that he will not and the better to prevent it we will endeavour to keep our Test Laws But to go on with our Author who with his accustomed ignorance but personating here the wisdom of a Solon or a Lycurgus takes upon him to instruct us that as nothing can be called the fundamental Law of a Kingdom or a Republick but what was enacted at the commencement of that State or Society before any alterations could fall out in it with reference to Religion so nothing deserves the name of such a Law save that which is to the advantage and benefit of all the Subjects It were not amiss here to enquire by what Authority our Author fastens on Mijn Heer Fagel this Term of Fundamental Law in reference to the Tests seeing he never used it in his Letter much less applyed it to such a purpose But falsifying is so natural to this Gentleman that he could not avoid it even when he might have been sensible that he would not escape the being challenged for it There is a Countrey in the world that is said to bear no poysonous animal nor had it need seeing if any number of the Natives be of the mould and frame that some are there are brutal and venemous Creatures enough in it tho there be neither Toad nor Serpent there But may not the Test Laws answer the end they were designed unto of being a Fence about Religion tho they be none of the Fundamental Laws of the Government It is not the name that alone gives value to a Law but the Sanction of the Legislative Authority and the usefulness of it to the publick good A Statute that was occasioned by a necessity arising in reference to the publick Safety ought as much to be stood by and upheld while that necessity continues as if it were an original Law and Coaeval with the Constitution And if it was the indispensable dependance of the Welfare and Safety of the Community upon such and such Provisions at first that gave them the Name of Fundamental Laws I am sure that under our present Circumstances we may call the Test Laws absolutely needful if we assume not the vanity to stile them Fundamental Besides I would fain know of our Author that if all Laws lye exposed to an easie Abrogation that are not coaeval with the Kingdom what will then become of the Magna Charta for Liberty of Conscience which his Majesty not only promiseth but undertakes to make irrepealable And withal may not some Laws be as necessary to the being and preservation of a State under the notion of Protestant as others are to its being and subsistence under the consideration of an embodied and formed Society Every Society is bound to use all necessary means to preserve it self and while it maketh no provisions in order thereunto that derive inconvenience upon others unless it be only to keep them from being able to do hurt it would be a wickedness as well as a folly to neglect them In a word as the making no Laws necessary for the Safety of a people under any knowledge of God they may be grown up into but what were coaeval with their first formation into a Kingdom or Republick were the weakning and undermining the Security of the Christian Religion in all parts of the world where it hath obtained to be embraced and setled so by the same reason that it is lawful to make provisions for the preservation of Christianity in a State professing the Gospel of Jesus Christ it is also lawful to make the like provisions for the Security of the Reformed Religion in these Kingdoms and Common-wealths which have judged it to be their duty to God and their Souls to receive and establish it And for our Author 's saying that no Law deserves to be called Fundamental save that which is to the benefit and advantage of all the Subjects it is wholly impertinent to the case for which it is alledged and does no way's attack or weaken what the Pensionary had said For as the Laws contended for to be maintained were never stiled Fundamental so many thousands may have benefit by a Law whom nevertheless all persons of sense and wisdom will account unfit to be advanced to publick Trusts As no man will judge it unreasonable to require that all who are held capable of publick employments should have some degree of wit and understanding so I think it is very reasonable that they should be qualified with so much honesty as to be well affected to the Government as it is by Law established And to speak properly it is not the Law that makes the Papists uncapable of Offices and Employments it only declares they shall not be admitted because they were incapable before and had made themselves unfit to be trusted partly through their dependance upon a forraign power that is at enmity with the State and seeks to subvert it and partly by reason of that principle which they are possessed with of its being their duty to destroy us whensoever they can And as it 's a great favour vouchsafed by the Government to suffer such to live under it as stand so ill affected to it and want only means to overthrow it so if the Roman Catholicks will not be content with the first without the latter it will be a great temptation upon the Kingdom to deprive them of the Priviledge they have because they would not be content with it unless they might obtain that which the Nation could not grant without being Felo de se and without abandoning the means both of our safety here and Happiness hereafter And whereas our Author takes the confidence to tell us That there are many States and Cities in Germany where without the giving occasion to any disturbance the Government is shared between Papists and Protestants and where both those of the Roman Catholick and Reformed Religion do
to the Church of Rome or upon rendring the Monarchy unlimited and independent on the Law would have been thought to have laid a Snare for exposing the Papists to greater Severities than they were obnoxious unto before and to have projected the robbing the Crown of the Prerogatives which belong unto it by the Rules of the Constitution and to which it was so lately restored And the despair of succeeding would have rendred the Royal Brothers deaf to all Importunities from Romish Emissaries and Court Minions Neither the Promises and Oaths which they had made and taken beyond Sea to introduce Popery nor their Ambition to advance themselves beyond the restraint of Laws and the Controul of Parliaments would have prevailed upon them to have encountred the Hazards and Difficulties which in case of the Union of English Protestants must have attended and ensued upon Attempts and Endeavours of the one kind and of the other Or should their beloved Popery and their own Bigottedness in the Romish Superstition have so far transported them beyond the bounds of Wisdom and Discretion as to have appeared possessed with an Intention of subverting the Protestant Religion and of enslaving the Nation to the Superstition and Idolatry of Rome they would have been made soon to understand That the Laws which make it Treason to own the Jurisdiction of the Pope or to seduce the meanest Subject to the Church of Rome were not enacted in vain and that those as well as many more made for the Security of the Protestant Religion and to prevent the growth and introduction of Popery were not to be dallied and plaid withal Or should they have been so far infatuated and abandoned of all Understanding as out of a foolish and haughty Affectation of being Absolute to have attempted the Alteration of the Civil Government they would have been immediately and unanimously told That the People have the same Right to their Liberties that the King hath to the Prerogatives of the Crown And if they would not have been contented with what belongs unto the Prince by the Common and Statute-Laws of the Realm but had invaded the Priviledges reserved unto the Subject they would have been made to know that they might not onely be withstood in what they strove to Usurp contrary to Magna Charta the Petition of Right and other Laws of the Kingdom but that thereby they forfeited and might be disseized of what either appertained unto the Crown by fundamental Agreements or hath been since settled upon the Monarch by Statute-Laws Nor could any thing have emboldened his late Majesty and the present King to Enterprizes of the one kind or the other but the prospect of begetting a Misunderstanding Jealousie and Rancor among Protestants and thereby both of making them instrumental to the ruin of one another and contributary to the loss of English Liberty and the Reformed Religion which they equally value and esteem and to the setting up Popery and Tyranny which the one detesteth and abhorreth no less than the other Though all English Protestants have ever been at an Accord in all the Essentials and Vitals of Religion yet from the very beginning of the Reformation there have been Differences among them concerning Ecclesiastical Government and Discipline and about Forms Rites and Ceremonies of Worship And had they consulted either their Duty to God or the common Interest of Religion they might have found ways either for removing the occasions of them or they ought to have lived together as Brethren notwithstanding the differences which were among them in those things But how much wiser are the Children of this World than those of the Kingdom of God and of Jesus Christ For though the differences among the Papists do far exceed ours both in their number and in the Importance of those things wherein they disagree yet they do mutually tolerate and bear with one another The matters wherein they differ are neither made the Terms of their Church-Communion nor the Grounds of mutual Excommunications and Persecutions But alas one Party among us hath been always endeavouring to cut or stretch others to their own Size and have made those things which themselves stile Indifferent both the Qualifications for admission to the Pastoral Office and the Conditions of Fellowship in the Ordinances of the Gospel Nor is it to be expressed what Advantages were hereby administred all along to the Common Enemy and what Sufferings peaceable and orthodox Christians were exposed unto from their peevish and angry Brethren And though these Things with the Heats begotten among all and the Calamities undergone by one side were not the cause of that funestous War betwixt Charles the First and the Parliament yet they were an occasion of diverting Thousands from the side which the Persecuting Church-men espoused and engaging them in the behalf of the two Houses in the Quarrel which they begun and carried on against that Prince for defence of the Civil Liberties Priviledges and Rights of the People but some of the Mitred Clergy were so far from being made wise by their own and the Nations Sufferings as upon their Restoration to hearken to moderate Counsels and to decline their former Rigours and Severities that they became the Tools and Instruments of the Court not onely for reviving but for heightning and enflaming all the Differences which had formerly been among English Protestants For the Royal Brothers finding nothing more adapted and subservient than this to their Design of altering the Government and subverting Religion they animated those waspish and impolitick Ecclesiasticks not onely to pursue the Restoration of all those things which had given rise and occasion to former Dissentions and Persecutions but to lay new Snares for alienating many persons of unspotted lives and tender Consciences from the Church and of rendring them obnoxious to suffer in their Names Persons and Estates And what a satisfaction was it to the late King and his Brother to find the old Episcopal Clergy prepared through Principles of revenge as well as from Love of Domination Ambition and Covetousness to fall in with the Design not onely of Increasing Divisions among Protestants both by making the Conditions of entring upon the Pastoral Function narrower and for screwing Conformity with the Church in her Forms and Ceremonies of Worship into Tests for admission to Magistracy and Civil Trusts but of obtaining several Laws against Dissenters whereby the Penalties to which they foresaw that People would become liable were rendred greater than they had been before and their Sufferings made more merciless inhumane and intolerable For though his late Majesty had by a Declaration dated at Breda promised Indulgence to all Protestants that would live peaceably under the Civil Government yet it was never in his Thoughts to perform it and the previous Obligations which he was under to the Church of Rome had a virtue to supersede and cancel his Engagements to English Hereticks And all he intended by that Declaration was onely to wheedle
going to Heaven upon their confessing their Sins to a Priest and their receiving Absolution the Eucharist and Extream Unction need not look after Repentance towards God Conversion to Holiness nor a Life of Faith Love Mortification and Obedience which the Protestant Religion upon the Authority of the Gospel obligeth them unto in order to the obtaining of Eternal Happiness And as the late Apostates to Popery in England are chiefly such who were notorious for Looseness Prophaneness and Immorality and were the Scandal of our Religion while they professed it and while in our Church were not properly of it So it is from among Men of this stamp and character that their late Majesties have found Persons assisting and subservient to their Despotical and Arbitrary Designs For whosoever takes a Survey of the Court-Faction and considereth who have been the Advocates for Encroachments upon our Liberties and Abetters of Vsurpations over our Rights they will find them to have been principally the profligate and debauched among the Nobility and Gentry the mercenary ignorant and scandalous among the Clergy the Off-scouring and such as are an Ignominy to Human Nature among the Yeomanry and Peasants And it was in order to this villanous End that the Royal Brothers have endeavoured so industriously to debauch the Nation and have made Sensuality and Profaneness the Qualifications for Preferment and the Badges of Loyalty And if among those that appear for the Preservation of the Liberties of their Country there be any that deserve to be stiled Enemies to Religion and Vertue as I dare affirm that they owe their Immoralities to Court-Education Converse and Example so I hope that though they have not hitherto been all of them so happy as to have left their Vices where they learned them yet that they will not continue to disparage the good Cause which they have espoused with an unsutable Life nor give their Adversaries reason to say that while they pretend to seek the Reformation of the State they are both the Deriders of Sobriety and Vertue without which no Constitution can long subsist and guilty of such horrid Oaths Cursing Imprecations Blasphemies and uncleannesses which naturally as well as morally and meritoriously dispose Nations to Subversion and Extirpation Finally Being through the bitter Effects which have ensued upon our Divisions made apprehensive and jealous one of another it hath from thence come to pass that while the Care of the Conformists hath been to watch against the growth of the Dissenters and the sollicitude of the Nonconformists hath been how to prevent the Rage of the bigotted Church-men the Papists in the mean time without being heeded or observed have both incredibly multiplied and made considerable Advances in their designs of ruining us For whensoever the Court was to take a signal step towards Popery and Arbitrary Power there was a clamour raised of some menacing Boldness of the Dissenters And if the Nation grew at any time alarmed by reason of the Favour shewn to the Roman Catholicks and of some visible Progress made towards the Kings becoming Despotical all was immediately hush'd with a shout and cry of the Government and Church's being in imminent hazard from the Dissenters Yea whensoever the Papists and their Royal Patrons stood detected of having been conspiring against our Religion and Civil Liberties all was diverted and stifled by putting the Kingdom upon a false Scent and by hounding out their Beagles upon the Nonconformists So that the Eyes and Minds of Protestants being imployed in reference to what was to be apprehended and feared from one another the working of our Popish Enemies either escaped our Observation or were heeded by most only with a superficial and unaffective Glance And while our Church-men stood prepossessed by the Court with a dread and jealousy of the Dissenters all that was said and written of a Conspiracy carryed on by the Papists against our Laws and Religion was entertained and represented by the prejudiced Clergy as an Artifice only of the Dissenters for compassing an Indulgence from the Parliament which in case such a Plot had obtained the belief that a Matter of so great Danger and Consequence required would have been easily granted being the only rational Expedient for the preservation of the established Religion and the Legal Government Nor did our Enemies question but that having enflamed our Divisions and raised our Animosities to so great a height rather than the one party would lay aside their Severities and the other let fall their Resentments we would even be contented to lye at their Mercy and submit our selves to the Pleasure and Discretion of the Court and Papists And there have not wanted some peevish foolish and ill Men of both Parties who rather than sacrifice their Spleen and Passion and abandon their particular Quarrels for the Interest and Safety of the whole have been inclined to expose the Protestant Religion and English Liberties to the Hazards wherewith they were apparently threatned and to suffer all Extremities meerly to have the satisfaction of seeing those whom they respectively hate involved with them under the same miseries But as this was such a degree of Madness and Infatuation as could proceed from nothing but brutish Rage and argues no less than a Divine Nemesis so I hope they are but few that now stand infected with these passionate Sentiments and Inclinations and remain thus hardned in their mutual Prejudices And to those I have nothing to say nor the least Advice to administer but shall leave them to their own Follies as Persons to whose Conviction no Discourse though never so rational can be adapted and whom only Stripes can work upon 'T is to such therefore as are capable of hearkning to Reason and who are ready to embrace any Counsel that shall be found adjusted to the Common Interest that I am to address what remains to be represented and said in the following Leaves For all Parties of Protestants having seen how far our Enemies have improved our Divisions and Rancours to the compassing their wicked and ambitious Designs and the robbing us of all that good and generous Men account valuable they are at last convinced of the necessity we have been and are reduced unto of altering the measures of our acting towards one another and both of laying aside our Persecutions and of exchanging our Wranglings among our selves into a joint contending for the Faith of the Gospel and the Rights of the Nation For what the Gentleman so lately in the Throne intends and aims at is not any longer matter of meer Suspicion and Jealousy but of demonstrable Evidence and unquestionable Certainty His Mask and Vizor of Zeal for the preservation of the Church of England and of tender regard for the Laws of the Land were laid by and put off and his Resolutions of governing Arbitrarily and of introducing Popery were become obvious to all Men whom Reason and Sense have not forsaken and left The Papists whom it was thought much a
is in other Princes of the same Communion or that they are more regardless of Fame and less concerned how future Generations will brand their Memories than other Papal Monarchs seem to be that they have suffered themselves to be prevailed upon to violate the Promises and Oaths they were bound by to their Protestant Subjects seeing the Emperor is character'd for a Person of a meek and gentle Temper and of the goodness of whose Nature there remain some shadows interwoven with the bloody streaks of the Hungarian Persecution And the French King though he stand not much commended for Sweetness and Benignity of Disposition is known to be unmeasurably Ambitious of having his name transmitted to Posterity in Letters of Greatness and Honor which his behaviour towards his Subjects of the Reformed Religion is no ways adapted unto but calculated to make him hereafter listed with Nero and Julian As to the Duke of Savoy there seems by the whole course of his other Actions to be a certain Greatness of Mind in him not easily consisting with that savage and brutal Temper which the Cruelties he hath exercised upon the Protestants in Piedmont would intimate and denote But it ariseth from the Mischievousness and Pestilency of their Religion their Bigottry in it and their having put themselves so entirely under the conduct of the Clergy particularly of the Jesuits who are for the most part a Sett of Men especially the latter that through acting in the Prospect of no other Ends but the Grandeur Wealth and Domination of the Church of Rome do with an unlimited Rage and a peculiar kind of Malice persecute all that have renounced Fellowship with it and care not if they Sacrifice the Honor Glory and Safety of Monarchs and bring their Kingdoms into Contempt and Desolation by rending them weak poor and dispeopled provided they may wreek their Spleen and Revenge upon those whose Religion is not only dissonant from theirs but should it prevail to be the Religion of the Legislators and Rulers of Nations those Springs of Wealth would be immediately dried up by which their Superior Clergy and all their Religious Orders are enriched and fed up in Idleness And should the People come to be generally imbued with Principles of Gospel Light and Liberty they would immediately shake off a blind and slavish Dependence upon Pope and Priests and thereby subvert the Foundation upon which the Monarchick Grandeur of the Romish Church and their whole Religion is superstructed and destroy the Engine by which they are inabled to Lord it over the Bodies Estates and Consciences of Men. And if Protestants every where especially under Popish Rulers were not under a strange Infatuation they would look for no fairer Quarter from Papists than what their Brethren have met with in France and Piedmont nor would they rely upon the Faith of any King that stiles himself a Roman Catholick seeing Sacred Promises tremendous Oaths and the most Authentick Declarations are but Papal Arts and Tricks sanctified at Rome whereby to lull Subjects into a Security and delude them into a neglect of all means for preserving themselves and their Religion till their Rulers can be in a condition of obeying the Decrees of the fourth Lateran Council that enjoyns Kings to destroy and extirpate Hereticks under pain of Excommunication and of having both their Subjects absolved from Allegiance to them and their Territories given away to others and till without running any Hazard they may comply with the Ordinance of the Council of Constance which not only releaseth them from all Obligation of keeping Faith to Hereticks but requires them to violate it and accordingly made Sigismond break his Faith to John Hus whom in defiance of the Security given him by that King they caused to be condemned and Burn'd Nor is the Practice and late Example of the Great Louis designed for less than a Pattern by which all Popish Princes are to act and his Proceedings are to be the Copy and Moddel which they who would merit the name of Zealous Catholicks and be esteemed dutiful Sons of the Church are to transcribe and limn out in Lines of Force Violence and Blood and for the better corresponding with the Original to imploy Dragoons for Missionaries And tho I will not say but that there may be some Popish Princes who through an extraordinary Measure of good Nature and from Principles of Compassion woven into their Constitution previously to all notices of Revelation whether real or pretended and who through Sentiments imbib'd from a generous Education and their coming afterwards to be under the Influence and Management of wise and discreet Counsellors may be able to resist the malignant Impressions of their Religion and so be preserved from the Inhumanities towards those of different Perswasions from them in the things of God which their Priests would lay them under Obligations unto by the Doctrines of the Romish Faith yet there appears no reason why an understanding Man should be induced to believe that the King of England is likely to prove a Prince of that great and noble Temper there being more than enough both to raise a Jealousie and beget a Perswasion that there is not a Monarch among all those who are commonly stiled Catholicks from whom Protestants may justly dread greater Severities than from Him or look for worse and more Barbarous Treatments I am not ignorant with what Candor we ought by the Rules of Charity and good Manners to speak of all Men whatsoever their Religion is nor am I unacquainted with what Veneration and Deference we are to discourse of Crowned Heads but as I dare not give those flattering Titles unto any of which there are not a few in some of the late Addresses presented to the King by an inconsiderable and foolish sort of Dissenting Preachers so I should not know how to be accountable to God my own Conscience or the World should I not in my Station as a Protestant and as a Lover of the Laws and Liberties of my Country offer something whereby both to undeceive that weak and short-sighted People whom their own being accommodated for a Season by the Declaration of Indulgence hath deluded into an Opinion that His Majesty cherisheth no thoughts of subverting our Religion and also further to enlighten and confirm others in the just Apprehensions they are possessed with of the Design carrying on in Great Britain and Ireland for the Extirpation of Protestancy and that the late Declaration for Liberty of Conscience is emitted in Subserviency thereunto and calculated by the Court toward the paving and preparing the way for the more facile Accomplishment of it And while Mercenary Sycophants by their Flatteries infect and corrupt Princes and by their representing them to the World in Colours disagreeable from their Tempers and Dispositions and in milder and fairer Characters than any thing observable in them either deserveth or correspondeth with do delude Subjects into such Opinions of them as beget a neglect of
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
secured of an Asiatick Tameness in his Prelatical People by a Principle which they have lately imbib'd but neither learned from their Bibles nor the Statutes of the Land For the Clergy upon thinking that the Wind would always blow out of one quarter and being resolved to make that a Duty by their Learning which their Interest at that season made convenient have preached up the Doctrine of Passive Obedience to such a boundless height that they have done what in them lyes to give up themselves and all that had the Weakness to believe them fettered and bound for Sacrifices to Popish Rage and Despotical Tyranny But for my self and I hope the like of many others I thank God I am not tainted with that slavish and adulatory Doctrine as having always thought that the first Duty of every Member of a Body Politick is to the Community for whose Safety and Good Governors are instituted and that it is only to Rulers as they are found to answer the main Ends they are appointed for and to Act by the legal Rules that are Chalk'd out unto them Whether it be from my Dullness or that my Understanding is of a perverser make than other Mens I cannot tell but I could never yet be otherways minded than that the Rules of the Constitution and the Laws of the Republick or Kingdom are to be the Measures both of the Sovereign's Commands and of the Subjects Obedience and that as we are not to invade what by Concessions and Stipulations belongs unto the Ruler so we may not only Lawfully but we ought to defend what is reserved to our selves if it be invaded and broken in upon And as without such a Right in the Subjects all legal Governments and mix'd Monarchies were but empty Names and ridiculous things so wheresoever the Constitution of a Nation is such there the Prince who strives to subvert the Laws of the Society is the Traytor and Rebel and not the People who endeavor to preserve and defend them There is yet another Branch of the foresaid Oath that is of a much more unreasonable Strain than the former which is That they shall to the utmost of their Power assist defend and maintain him in the Exercise of this Absolute Power and Authority which being tack'd to our Obeying without reserve make us the greatest Slaves that eitheâ— are or ever were in the Universe Our Kings were heretofore bound to Govern according to Law and so is his present Majesty if a Coronation Oath and faith to Hereticks were not weaker than Sampson's cords proved to be but instead of that here is a new Oath imposed upon the Subjects by which they are bound to protect and defend the King in his ruling Arbitrarily It had been more than enough to have required only a calm submitting to the exercise of Absolute Power but to be enjoined to swear to assist and defend his Majesty and Successors in all things wherein they shall exert it is a plain destroying of all natural as well as civil Liberty and a robbing us of that freedom that belongs unto us both as we are men and as we are born under a free and legal Government For by this we become bound to drag our Brethren to the Stake to cut their Throats plunder their Houses imbrew our hands in the Blood of our Wives and Children if his Majesty please to make these the Instances wherein he will exert his Absolute Power and require us to assist him in the exercise of it As it was necessary to cancel all other Oaths and Tests as being directly inconsistent with this so the requiring the Scots to swear this Oath is the highest revenge he could take for their Solemn League and Covenant and for all other Oaths that lust after Arbitrariness and Popish Bigottry will pronounce to have been injurious to the Crown But no words are sufficient to express the mischiefs wrapt up in that new Oath or to declare the abhorrency that all who value the Rights and Liberties of Mankind ought to entertain for it nor to proclaim the Villany of those who shall by Addresses give thanks for the Proclamation There may a fourth thing be added whereby it will appear that his Majesty's assuming Absolute Power stands recorded in Capital Letters in his Declaration for liberty of Conscience For not being contented to omit the requiring the Oaths of Allegiance and Supremacy and the Test Oaths to be taken nor being satisfied to suspend for a season the enjoining any to be demanded to take them he tells us that it is his Royal will and pleasure that the aforesaid Oaths shall not at any time hereafter be required to be taken which is a full and direct Repealing of the Laws in which they are Enacted It hath hitherto passed for an undoubted Maxim that eorum est tollere quorum est condere they can only abrogate Laws who have Power and Authority to make them and we have heretofore been made believe that the Legislative power was not in the King alone but that the two Houses of Parliament had at least a share in it whereas here by the disabling and suspending Laws for ever the whole Legislative Power is challenged to be vested in the King and at one dash the Government of England is Subverted and changed Tho it hath been much disputed whether the King had a liberty of refusing to Assent to Bills relating to the benefit of the Publick that had passed the two Houses and if there be any sense in those words of the Coronation Oath of his being bound to Govern according to the Laws quas vulgus Elegerit he had not yet none till now that his Majesty doth it had the impudence to affirm that he might abrogate Laws without the concurrence and assent of the Lords and Commons For to say that Oaths enjoined by Laws to be required to be taken shall not at any time hereafter be required to be taken is a plain Cancelling and Repealing of these Laws or nothing of this World ever was or is nor can the wisdom of the Nation in Parliament Assembled find words more emphatical to declare their Abrogation without saying so which at this time it was necessary to forbear for fear of allarming the Kingdon too far before his Majesty be sufficiently provided against it For admitting them to continue still in being and force tho the King may promise for the non execution of them during his own time which is even a pretty bold undertaking yet he cannot assure us that the Oaths shall not be required to be taken at any time hereafter unless he have provided for an eternal Line of Popish Successors which God will not be so unmerciful as to plague us with or have gotten a Lease of a longer Life than Methusalah's which is much more than the full Century of years wished him in a late Dedication by one that stiles himself an Irishman a thing he might have forborn telling us because the Size
emitted his Declaration for Liberty of Conscience there were Commissions of Reprisal prepared and ready to be granted to the English East-India Company against the Hollanders but which were suppressed upon the Court 's finding that they whom the suspending the Execution of so many Laws and the granting such Liberties Rights and Immunities to the Papists had disgusted and provoked were far more numerous and their resentments more to be apprehended than they were whose murmurings and discontents they had silenced and allay'd by the liberty that was granted Now as it will be at this juncture when the Protestant Interest is so low in the World and the Reformed Religion in so great danger of being Destroyed a most wicked as well as an imprudent Act to contribute help and aid to the Subjugating a People that are the chief Protectors of the Protestant Religion that are left and almost the only Asserters of the Rights and Liberties of Mankind so it may fill the Addressers with confusion and shame that they should have not only justified an Act of His Majesty's that is plainly designed to such a mischievous End but that they should by the Promises and Vows that they have made Him have emboldned His Majesty to continue his purposes and resolutions of a War against the Dutch Which as it must be funestous and fatal to the Protestant Cause in case he should prosper and succeed so howsoever it should issue yet the Addressers who have done what in them lyes to give encouragement unto it will be held betrayers of the Protestant Religion both abroad and at home and judged guilty of all the Blood of those of the same Faith with them that shall be shed in this Quarrel That Liberty ought to be allowed to men in matters of Religion is no Plea whereby the King 's giving it in an illegal and Arbitrary manner can be maintained and justified Since ever I was capable of exercising any distinct and coherent acts of Reason I have been always of that mind that none ought to be persecuted for their Consciences towards God in matters of Faith and Worship Nor is it one of those things that lye under the power of the Sovereign and Legislative Authority to grant or not to grant but it is a Right setled upon Mankind antecedent to all Civil Constitutions and Humane Laws having its foundation in the Law of Nature which no Prince or State can legitimately violate and Infringe The Magistrate as a Civil Officer can pretend or claim no Power over a People but what he either derives from the Divine Charter wherein God the Supreme Institutor of Magistracy has chalk'd out the Duty of Rulers in general or what the People upon the first and original Stipulation are supposed to have given him in order to the Protection Peace and Prosperity of the Society But as it does no where appear that God hath given any such Power to Governors seeing all the Revelations in the Scripture as well as all the Dictates of Nature speak a contrary Language so neither can the People upon their chusing such a one to be their Ruler be imagined to transfer and vest such a Power in him forasmuch as they cannot divest themselves of a Power no more than of a Right of believing things as they arrive with a Credibility to their several and respective Understandings As it is in no Man's Power to believe as he will but only as he sees cause so it is the most irrational Imagination in the World to think they should transfer a Right to him whom they have chosen to govern them of punishing them for what it is not in their power to help Nor can any thing be plainer than that God has reserved the Empire over Conscience to himself and that he hath circumscribed the Power of all Humane Governors to things of a civil and inferior Nature And had God convey'd a Right unto Magistrates of commanding Men to be of this or that Religion and that because they are so and will have others to be of their mind it would follow that the People may conform to whatsoever they require tho by all the Lights of Sense Reason and Revelation they are convinced of the Falshood of it Seeing whatsoever the Sovereign rightfully Commands the Subjects may lawfully obey But tho the persecuting People for Matters of mere Religion be repugnant to the Light of Nature inconsistent with the Fundamental Maxims of Reason directly contrary to the Temper and Genious as well as to the Rules of the Gospel and not only against the Safety and Interest of Civil Societies but of a Tendency to fill them with Confusion and to arm Subjects to the cutting of one anothers Throats yet Governors may both deny Liberty to those whose Principles oblige them to destroy those that are not of their mind and may in some measure Regulate the Liberty which they vouchsafe to others whose Opinions tho they do not think dangerous to the Peace of the Community yet through judging them Erroneous and False they conceive them dangerous to the Souls of Men. As there is a vast difference betwixt Tolerating a Religion and approving the Religion that is Tolerated so what a Government doth not approve but barely permits and suffers may be brought under Restrictions as to time place and number of those professing it that shall assemble in one Meeting which it were an Undecency to extend to those of the justified and established way Now whatsoever Restrictions or Regulations are enacted and ordained by the Legislative Authority in reference to Religions or Religious Assemblies they are not to be stop'd disabled or suspended but by the same Authority that enacted and ordained them The King says very truly That Conscience ought not to be constrained nor People forced in matters of mere Religion But it does not from thence follow unless by the Logick of Whitehall that without the concurrence of a Parliament he should suspend and dispense with the Laws and by a pretended Prerogative relieve any from what they are Obnoxious unto by the Statutes of the Realm His saying that the forcing People in matters of Religion spoils Trade depopulates Countries discourageth Strangers and answers not the End of bringing all to an Uniformity for which it is employ'd would do well in a Speech to the Houses of Parliament to perswade them to Repeal some certain Laws or might do well to determine his Majesty to assent to such Bills as a Parliament may prepare and offer for relieving Persons in matters of Conscience but does not serve for what it is alledged nor can it warrant his suspending the Laws by his single Authority And by the way I know when these very Arguments were not only despised by his Majesty and rediculed by those who took their Cue from Court and had Wit to do it as by the present Bishop of Oxford in a very ill-natur'd Book called Ecclesiastical Polity but when the daring to have mentioned them would
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
commended or promised to stand by him For tho the Matter and Subject of the Arbitrary Act of him now upon the Throne be not as to every Branch of it so publickly Scandalous as some of the Arbitrary Proceedings of the late King were as relating to a Favor which Mankind hath a just Claim unto yet it is every way as Illegal being in reference to a Privilege which his Majesty hath no Authority to grant and bestow And were it not that there are many Dissenters who preserve themselves Innocent at this Juncture and upon whom the Temptation that is administred makes no Impression the World would have just ground to say that the Fanaticks are not governed by Principles but that the Measures they walk by are what conduceth to their private and personal Benefit or what lyes in a Tendency to their Loss and Prejudice And that it was not the late King's Usurping and exerting an Arbitrary and illegal Power that offended them but that they were not the Objects in whose Favor it was exercised 'T is also an Aggravation of their Folly as well as their Offence that they should revive a Practice which the Nation was grown asham'd of and whereof they who had been guilty begun to repent through having seen that all the former Declarations Assurances and Promises of the Royal Brothers which tempted to Applications of that kind were but so many Juggles peculiar to the late Breed of the Family for the deceiving of Mankind and that never one of them was performed and made good But the Transgression as well as the Imprudence of the present Addressers is yet the greater and they are the more Criminal and Inexcusable before God and Men in that they might have enjoyed all the Benefits of the King's Declaration without acknowledging the Justice of the Authority by which it was granted or making themselves the Scorn and Contempt of all that are truly Honest and Wise by their servile Adulations and their Gratulatory Scriblers unbecoming English-men and Protestants They had no more to do but to continue their Meetings as they had sometimes heretofore used to do without taking notice that the present Suspension of the Laws made their Assembling together more safe and freed them from Apprehensions of Fines and Imprisonments Nor could the King how much soever displeased with such a Conduct have at this time ventured upon the expressing Displeasure against them seeing as that would have been both to have proclaimed his Hypocrisie in saying That Conscience ought not to be constrained nor People forced in matters of mere Religion and a discovering the villainous Design in Subserviency to which the Declaration had been emitted so it were not possible for him after what he hath published to single out the Dissenters from amongst other Protestants and to fall upon all before Matters are more ripe for it might be a means of the Abortion of all his Popish Projections and of saving the whole Reformed Interest in Great Britain Neither would the Church of England-men have envied their Tranquility or have blamed their Carriage but would have been glad that their Brethren had been eased from Oppressions and themselves delivered from the grievous and dishonorable Task of prosecuting them which they had formerly been forced unto by Court-Injunctions and Commands And as they would have by a Conduct of this Nature had all the Freedom which they now enjoy without the Guilt and Reproach which they have derived upon themselves by Addressing so such a Carriage would have wonderfully recommended them to the Favor of a true English Parliament which tho it would see cause to condemn the King's Usurping a Power of Suspending the Laws and to make void his Declaration yet in gratitude to Dissenters for such a Behavior as well as in Pity and Compassion to them as English Protestants such a Parliament would not fail to do all it could to give them relief in a legal way Whereas if any thing Enflame and Exasperate the Nation to revive their Sufferings it will arise from a Resentment of the unworthy and treacherous Carriage of so many of them in this critical and dangerous Juncture But the Terms which through their Addressing they have owned the receiving their Liberty and Indulgence upon does in a peculiar manner enhance their Guilt against God and their Country and strangely adds to the Disgust and Anger which Lovers of Religion and the Laws of the Nation have conceived against them For it is not only upon the Acknowledgment of a Prerogative in the King over the Laws that they have received and now hold their Liberty but it is upon the Condition That nothing be preached or taught amongst them that may any ways tend to alienate the Hearts of the People from his Majesty's Person and Government He must be of an Understanding very near allied unto and approaching to that of an Irish-man who does not know what the Court-Sense of that Clause is and that his Majesty thereby intends that they are not to preach against Popery nor to set forth the Doctrines of the Romish Church in Terms that may prevent the Peoples being infected by them much less in Colours that may render them Hated and Abhorred To accuse the King's Religion of Idolatry or to affirm the Church of Rome to be the Apocalyptick Babylon and to represent the Articles of the Tridentine Faith as Faithful Ministers of Christ ought to do would be accounted an alienating the Hearts of their Hearers from the King and his Government which as they are in the foresaid Clauses required not to do so they have by their Addressing confessed the Justice of the Terms and have undertaken to hold their Liberty by that Tenor. And to give them their due they have been very Faithful hitherto in conforming to what the King Exacts and in observing what themselves have assented to the Equity of For notwithstanding all the Danger from Popery that the Nation is exposed unto and all the Hazard that the Souls of Men are in of being poysoned with Romish Principles yet instead of Preaching or Writing against any of the Doctrines of the Church of Rome they have agreed among themselves and with such of their Congregations as approve their Procedure not so much as to mention them but to leave the Province of defending our Religion and of detecting the Falshood of Papal Tenets to the Pastors and Gentlemen of the Church of England And being ask'd as I know some of them that have been why they do not preach against Antichrist and confute the Papal Dectrines they very gravely reply that by preaching Christ they preach against Anti-christ and that by Teaching the Gospel they refute Popery which is such a piece of fraudulent and guilful Subterfuge that I want words to express the knavery and criminalness of it What a reserve and change have I lived to see in England from what I beheld a few years ago It was but the other day that the Conformable Clergy
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
which they do evidently show that they are restrained by no Rules or Law whatsoever but that they have subjected the Honors and Estates of the Subjects and the establish'd Religion to a Despotick Power and to Arbitrary Government in all which they are served and seconded by those Ecclesiâ—stical Commissioners They have also followed the same Methods with relation to Civil Affairs For they have procured orders to examine all Lords-Lieutenants Deputy-Lieutenants Sheriffs Justices of Peace and all others that were in any publick Imployment if they would concur with the King in the Repeal of the Test and Penal Laws and all such whose Consciences did not suffer them to comply with their Designs were turned out and others were put in their places who they believed would be more compliant to them in their designs of defeating the intent and Execution of those Laws which had been made with so much Care and Caution for the Security of the Protestant Religion And in many of these places they have put professed Papists tho the Law has disabled them and warranted the Subjects not to have any regard to their Order They have also invaded the Privileges and seised on the Charters of most of those Towns that have a right to be represented by their Burgesses in Parliament and have procured Surrenders to be made of them by which the Magistrates in them have delivered up all their Rights and Privileges to be disposed of at the Pleasure of those Evil Counsellors who have thereupon placed new Magistrates in those Towns such as they can most entirely confide in and in many of them they have put Popish Magistrates notwithstanding the Incapacities under which the Law has put them And whereas no Nation whatsoever can subsist without the Administration of good and impartial Justice upon which Men Lives Liberties Honors and Estates do depend those Evil Counsellors have subjected these to an Arbitrary and Despotick Power In the most important Affairs they have studied to discover before-hand the Opinions of the Judges and have turned out such as they found would not conform themselves to their Intentions and have put others in their places of whom they were more assured without having any regard to their Abilities And they have not stuck to raise even professed Papists to the Courts of Judicature notwithstanding their Incapacity by Law and that no regard is due to any Sentences flowing from them They have carried this so far as to deprive such Judges who in the common Administration of Justice shew that they were governed by their Consciences and not by the Directions which the others gave them By which it is apparent that they design to render themselves the absolute Masters of the Lives Honors and Estates of the Subjects of what Rank or Dignity soever they may be and that without having any regard either to the Equity of the Cause or to the Consciences of the Judges whom they will have to submit in all things to their own Will and Pleasure hoping by such ways to intimidate those other Judges who are yet in Imployment as also such others as they shall think fit to put in the rooms of those whom they have turned out and to make them see what they must look for if they should at any time act in the least contrary to their good liking and that no Failings of that kind are pardoned in any Persons whatsoever A great deal of Blood has been shed in many places of the Kingdom by Judges governed by those Evil Counsellors against all the Rules and Forms of Law without so much as suffering the Persons that were accused to plead in their own Defence They have also by putting the Administration of Justice in the Hands of Papists brought all the Matters of Civil Justice into great Uncertainties with how much exactness and Justice soever that these Sentences may have been given For since the Laws of the Land do not only exclude Papists from all places of Judicature but have put them under an Incapacity none are bound to acknowledge or to obey their Judgments and all Sentences given by them are null and void of themselves so that all Persons who have been cast in Trials before such Popish Judges may justly look on their pretended Sentences as having no more Force than the Sentences of any private and unauthorised Person whatsoever So deplorable is the case of the Subjects who are obliged to answer to such Judges that must in all things stick to the Rules which are set them by those Evil Counsellors who as they raised them up to those Imployments so can turn them out of them at pleasure and who can never be esteemed Lawful Judges so that all their Sentences are in the Construction of the Law of no Force and Efficacy They have likewise disposed of all Military Imployments in the same manner For tho the Laws have not only excluded Papists from all such Imployments but have in particular provided that they should be disarmed yet they in contempt of those Laws have not only armed the Papists but have likewise raised them up to the greatest Military Trusts both by Sea and Land and that Strangers as well as Natives and Irish as well as English that so by these means they having rendered themselves Masters both of the Affairs of the Church of the Government of the Nation and of the course of Justice and subjected them all to a Despotick and Arbitrary Power they might be in a capacity to maintain and execute their wicked Designs by the assistance of the Army and thereby to enslave the Nation The dismal Effects of this Subversion of the established Religion Laws and Liberties in England appear more evidently to us by what we see done in Ireland where the whole Government is put into the hands of Papists and where all the Protestant Inhabitants are under the daily Fears of what may be justly apprehended from the Arbitrary Power which is set up there which has made great Numbers of them leave that Kingdom and abandon their Estates in it remembering well that Cruel and Bloody Massacre which fell out in that Island in the year 1641. Those Evil Counsellors have also prevailed with the King to declare in Scotland that he is cloathed with Absolute Power and that all the Subjects are bound to obey him without Reserve upon which he has assumed an Arbitrary Power both over the Religion and Laws of that Kingdom from all which it is apparent what is to be looked for in England as soon as Matters are duly prepared for it Those great and insufferable Oppressions and the open Contempt of all Law together with the Apprehensions of the said Consequences that must certainly follow upon it have put the Subjects under great and just Fears and have made them look after such lawful Remedies as are allowed of in all Nations yet all has been without effect And those Evil Counsellors have endeavored to make all Men apprehend the loss of
appeared both during the Queens Pretended Biggness and in the manner in which the Birth was managed so many just and visible Grounds of Suspition that not only we our selves but all the good Subjects of those Kingdoms do vehemently suspect that the Pretended Prince of Wales was not born by the Queen And it is notoriously known to all the World that many both doubted of the Queens Biggness and of the Birth of the Child and yet there was not any one thing done to satisfie them or to put an end to their Doubts And since our Dearest and most Entirely Beloved Consort the Princess and likewise we our selves have so great an Interest in this Matter and such a Right as all the World knows to the Succession to the Crown since also the English did in the Year 1672. when the States General of the United Provinces were Invaded in a most unjust War use their utmost Endeavors to put an end to that War and that in Opposition to those who were then in the Government and by their so doing they run the Hazard of losing both the Favor of the Court and their Imployments And since the English Nation has ever testified a most particular Affection and Esteem both to our Dearest Consort the Princess and to our selves We cannot excuse our selves from espousing their Interests in a matter of such high Consequence and from Contributing all that lies in us for the Maintaining both of the Protestant Religion and of the Laws and Liberties of those Kingdoms and for the Securing to them the continual Enjoyment of all their just Rights To the doing of which we are most earnestly solicited by a great many Lords both Spiritual and Temporal and by many Gentlemen and other Subjects of all Ranks Therefore it is that we have thought fit to go over to England and to carry over with us a Force sufficient by the Blessing of God to defend us from the Violence of those Evil Counsellors And we being desirous that our Intentions in this may be rightly understood have for this end prepared this Declaration in which as we have hitherto given a true Account of the Reasons inducing us to it So we now think fit to Declare that this our Expedition is intended for no other Design but to have a free and lawful Parliament assembled as soon as is possible and that in order to this all the late Charters by which the Elections of Burgesses are limited contrary to the Ancient Custom shall be considered as null and of no force And likewise all Magistrates who have been Injustly turned out shall forthwith resume their former Imployments as well as all the Boroughs of England shall return again to their Ancient Prescriptions and Charters And more particularly that the Ancient Charter of the Great and Famous City of London shall again be in Force And that the Writs for the Members of Parliament shall be addressed to the proper Officers according to Law and Custom That also none be suffered to choose or to be chosen Members of Parliament but such as are qualified by Law And that the Members of Parliament being thus lawfully chosen they shall meet and sit in full Freedom that so the Two Houses may concur in the preparing of such Laws as they upon full and free Debate shall judge necessary and convenient both for the confirming and executing the Law concerning the Test and such other Laws as are necessary for the Security and Maintenance of the Protestant Religion as likewise for making such Laws as may establish a good Agreement between the Church of England and all Protestant Dissenters as also for the covering and securing of all such who will live Peaceable under the Government as becomes good Subjects from all Persecution upon the account of their Religion even Papists themselves not excepted and for the doing of all other things which the Two Houses of Parliament shall find necessary for the Peace Honor and Safety of the Nation so that there may be no more danger of the Nations falling at any time hereafter under Arbitrary Government To this Parliament we will also refer the Enquiry into the Birth of the Pretended Prince of Wales and of all things relating to it and to the Right of Succession And we for our part will concur in every thing that may procure the Peace and Happiness of the Nation which a Free and Lawful Parliament shall determine Since we have nothing before our Eyes in this our Undertaking but the Preservation of the Protestant Religion the covering of all Men from Persecution for their Consciences and the Securing to the whole Nation the free Enjoyment of all their Laws Rights and Liberties under a Just and Legal Government This is the design that we have proposed to our selves in appearing upon this occasion in Arms In the Conduct of which we will keep the Forces under our Command under all the Strictness of Martial Discipline and take a special Care that the People of the Countries through which we must march shall not suffer by their means And as soon as the State of the Nation will admit of it we promise that we will send back all those Foreign Forces that we have brought along with us We do therefore hope that all People will judge rightly of us and approve of these our Proceedings But we chiefly rely on the Blessing of God for the Success of this our Undertaking in which we place our whole and only Confidence We do in the last place invite and require all Persons whatsoever all the Peers of the Realm both Spiritual and Temporal all Lords-Lieutenants Deputy-Lieutenants and all Gentlemen Citizens and other Commons of all Ranks to come and assist us in order to the Executing of this our Design against all such as shall endeavor to oppose us that so we may prevent all those Miseries which must needs follow upon the Nations being kept under Arbitrary Government and Slavery And that all the Violences and Disorders which have overturned the whole Constitution of the English Government may be fully redressed in a Free and Legal Parliament And we do likewise resolve that as soon as the Nations are brought to a State of Quiet we will take care that a Parliament shall be called in Scotland for the restoring the Ancient Constitution of that Kingdom and for bringing the Matters of Religion to such a Settlement that the People may live Easie and Happy and for putting an end to all the Injust Violences that have been in a course of so many Years committed there We will also study to bring the Kingdom of Ireland to such a State that the Settlement there may be Religiously observed and that the Protestant and British Interest there may be secured And we will endeavor by all possible means to procure such an Establishment in all the Three Kingdoms that they may all live in a Happy Union and Correspondence together and that the Protestant Religion and the Peace
in open Arms or with Arms in their Houses or about their Persons or in any Office or Imployment Civil or Military upon any Pretence whatsoever contrary to the known Laws of the Land shall be treated by Us and our Forces not as Soldiers and Gentlemen but as Robbers Free-Booters and Banditti they shall be incapable of Quarter and intirely delivered up to the Discretion of our Soldiers And We do further declare that all Persons who shall be found any ways aiding and assisting to them or shall march under their Command or shall joyn with or submit to them in the Discharge or Execution of their Illegal Commissions or Authority shall be looked upon as Partakers of their Crimes Enemies to the Laws and to their Country And whereas we are certainly informed that great Numbers of armed Papists have of late resorted to London and Westminster and parts adjacent where they remain as we have reason to suspect not so much for their own Security as out of a wicked and barbarous Design to make some desperate Attempt upon the said Cities and their Inhabitants by Fire or a sudden Massacre or both or else to be the more ready to joyn themselves to a Body of French Troops designed if it be possible to land in England procured of the French King by the Interest and Power of the Jesuits in Pursuance of the Engagements which at the Instigation of that pestilent Society his most Christian Majesty with one of his Neighbouring Princes of the same Communion has entred into for the utter Extirpation of the Protestant Religion out of Europe Tho we hope we have taken such effectual care to prevent the one and secure the other that by God's Assistance we cannot doubt but we shall defeat all their wicked Enterprises and Designs We cannot however forbear out of the great and tender Concern We have to preserve the People of England and particularly those great and populous Cities from the cruel Rage and bloody Revenge of the Papists to Require and expect from all the Lord-Lieutenants Deputy-Lieutenants and Justices of the Peace Lord-Mayors Mayors Sheriffs and all other Magistrates and Officers Civil and Military of all Counties Cities and Towns of England especially of the County of Middlesex and Cities of London and Westminster and parts adjacent that they do immediately disarm and secure as by Law they may and ought within their respective Counties Cities and Jurisdictions all Papists whatsoever as Persons at all times but now especially most dangerous to the Peace and Safety of the Government that so not only all Power of doing mischief may be taken from them but that the Laws which are the greatest and best Security may resume their Force and be strictly Executed And We do hereby likewise Declare that We will Protect and Defend all those who shall not be afraid to do their Duty in Obedience to these Laws And that for those Magistrates and others of what condition soever they be who shall refuse to assist Us and in Obedience to the Laws to Execute vigorously what we have required of them and suffer themselves at this Juncture to be cajoled or terrified out of ther Duty We will esteem them the most Criminal and Infamous of all Men Betrayers of their Religion the Laws and their Native Country and shall not fail to treat them accordingly resolving to expect and require at their hands the Life of every single Protestant that shall perish and every House that shall be burnt or destroyed by their Treachery and Cowardise William Henry Prince of Orange Given under our Hand and Seal at our Head-quarters at Sherburn Castle the 28th day of November 1688. By his Highness special Command C. HUYGENS. The following Paper was Published by Mr. Samuel Johnson in the Year 1686. for which he was Sentenc'd by the Court of King's Bench Sir Edward Herbert being Lord Chief Justice to stand three times on the Pillory and to be whipp'd from Newgate to Tyburn Which barbarous Sentence was Executed An Humble and Hearty Address to all the English Protestants in this present Army Gentlemen NExt to the Duty which we owe to God which ought to be the principal Care of Men of your Profession especially because you carry your Lives in your Hands and often look Death in the Face The second Thing that deserves your Consideration is The service of your Native Country wherein you drew your first Breath and breathed a free English Air. Now I would desire you to consider how well you comply with these two main Points by engaging in this present Service Is it in the Name of God and for his Service that you have joyned your selves with Papists who will indeed fight for the Mass-book but burn the Bible and who seek to Extirpate the Protestant Religion with Your Swords because they cannot do it with their Own And will you be Aiding and Assisting to set up Mass-houses to Erect that Popish Kingdom of Darkness and Desolation amongst us and to train up all our Children in Popery How can you do these Things and yet call your selves Protestants And then what Service can be done your Country by being under the Command of French and Irish Papists and by bringing the Nation under a Foreign Yoke Will you help them to make forcible Entry into the Houses of your Country-men under the Name of Quartering directly contrary to Magna Charta and the Petition of Right Will you be Aiding and Assisting to all the Murders and Outrages which they shall commit by their void Commissions Which were declared Illegal and sufficiently blasted by both Houses of Parliament if there had been any need of it for it was very well known before That a Papist cannot have a Commission but by the Law is utterly Disabled and Disarmed Will you exchange your Birth-right of English Laws and Liberties for Martial or Club-law and help to destroy all others only to be eaten last your selves If I know you well as you are English Men you hate and scorn these Things And therefore be not unequally yoaked with Idolatrous and Bloody Papists Be Valiant for the Truth and shew your selves Men. The same Considerations are likewise humbly offered to all the English Seamen who have been the Bulwark of this Nation against Popery and Slavery ever since Eighty Eight Several Reasons for the Establishment of a standing Army and Dissolving the Militia By Mr. S. Johnson 1. BEcause the Lords Lieutenants Deputy Lieutenants and the whole Militia that is to say the Lords Gentlemen and Free-holders of England are not fit to be trusted with their own Laws Lives Liberties and Estates and therefore ought to have Guardians and Keepers assigned to them 2. Because Mercenary Soldiers who fight for twelve Pence a Day will fight better as having more to lose than either the Nobility or Gentry 3. Because there are no Irish Papists in the Militia who are certainly the best Soldiers in the World for they have slain Men Women and Children
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
at York Nov. 1688. Wherein is shewed That it is neither against Scripture nor Moral honesty to defend their Just and Legal Rights against the Illegal Invaders of them Occasioned then by some Private Debates and now submitted to better Judgments The present Undertaking of the Gentlemen at York Nov. 88. taken into Consideration wherein is shewed That it is neither against Scripture nor moral Honesty to defend their Just and Legal Rights against the Illegal and Unjust Invaders of them by way of Objection and Answer 1. THat it is not against Scripture is shewed Obj. 1 2 3. 2. That it is not inconsistent with the Frame of the Government in General Obj. 4. 3. Not against the Law but the Law-breakers Obj. 5. 4. Not Rebellion Obj. 6. 5. No Vsurpation of the Power of the Sword Obj. 7. 6. No unlawful Act in a moral Sense Obj. 8. 7. Not against true Allegiance Obj. 9. 8. Not against the Declaration in a Legal Sense Obj 10. 9. Not against Political Power but Force without Political Power Obj. 11. 10. Not against any Royal Prerogative in general Obj. 12. 11. Not against the Supremacy Obj. 13. 12. Not Criminal Disobedience Obj. 14. 13. Not incommodious or unsafe for the Publick in respect of the present and approaching Evils in removes Obj. 15 16. 14. No disparagement to the Frame of the Government that cannot otherwise decide an obstinate difference between King and People Obj. 17. Lastly The Conclusion shewing That Non-resistance of illegal Force does in effect make all Monarchs Arbitrary and the People Slaves The Thoughts of a Private Person c. MEn have three Rules to walk by which we may call Laws that is Nature Reason and Religion and answerable to these three a Christian hath three Principles that is Sensitive Rational and Spiritual which I take to be the distinction that St. Paul makes 1 Thes 5.23 I pray God your whole Spirit Soul and Body be preserved blameless unto the coming of our Lord Jesus Christ Nature considers all Men as single Persons and directs them to Self-interest and Self-preservation as the chief end Reason considers Men as sociable Creatures and directs them to unite the Government for the publick Good inclusive of their own Safety as the chief End And the Spirit considers Men as Candidates for Heaven and directs them to live according to the Word of God that they may attain Eternal Happiness the chief End of Man All these have the divine Warrant and are of force where the Lower is not superseded by the Higher A single Person is not to expose himself to ruin unless it be for the Publick good and the Publick are not to expose themselves to Beggary and Slavery unless it be for the Kingdom of Heaven Now though these Rules may be considered separate and apart yet they all ought to be in a Christian Government Laws for the publick Good do not destroy the Law of Nature but supersede it for a greater Good and the Laws of God do not destroy the Law of Reason but supersede it for a higher end and so makes it still more Reasonable to do so Nothing therefore can justifie a Private Injury but the Publick Good and nothing can hinder the Publick Good for being carried on but Sin For these Laws are not destructive but supportive of one another and all supportive of Man When a Man cannot defend himself by the Method and Measures of the Publick as in case of sudden Assaults he may by the Law of Nature break the Peace and smite his Adversary to save his own life because humane Laws can reward no Person 's obedience with so good a thing as life and therefore the publick good excepted his life is to be preferred before all forms of Law But it is not so with the Laws of God for if I be urged to deny my Faith or dye I must dye rather than break God's Law because God will give me a better Life and an infinite Reward Necessity can suspend a positive Law of Man that is merely such but it cannot supersede what is established by God or Nature an Act therefore that is civilly Unlawful may notwithstanding be Lawful because it is not Lawless but under a more extensive Law If it be according to the Laws of God or sound Reason the Conscience is safe and the Act commendable before God and good Men though it be against the form of Political Law For though it be against the Form it is not against the Reason of that Law and the Form not being extensive enough of Man's safety it must give place to necessity and absolve him of his duty when his duty would destroy him The Safety of Man shows us both the Necessity and End of humane Government for when private Persons found they could not be Safe they were willing to enter into Compacts and Associations and reposite their private Safety in the publick Interest And therefore if after this Association some of their Fellows will break the Covenants and go about to destroy the Rest it is lawful both by the Laws of God and Man for the injured to defend themselves and by the Laws and Compacts by them made and consented to on both sides for the publick Good Otherwise it would be unlawful to resist Injustice and consequently a Thief or a Robber Object 1. But you will say in all Governments there are Superiours and Inferiours and God has made Obedience a part of Religion and consequently conducive to a higher end than the Publick Good and therefore if the Governours break the Laws and introduce a Publick Evil for a Private Interest they must not be resisted upon pain of Damnation Answ This were a good Plea if it were true but God is not the Patron of Injustice and therefore he gives no Prince or Potentate more Authority over the People than the Tables of the Government express and of these there are diverse degrees Those that are Govern'd by the will of their Prince whose Word is a Law if he command their Persons for Slaves or Estates to serve his Ambition they must obey and God requires it of them because it is the Princes Right Arbitrary Princes have a Political Power to treat a Subject cruelly and inhumanely their Immorality is an offence against God not injustice to the Subject who had given up himself to be used at their discretion But those that are to rule by Laws made for the Publick good and such as render the Subjects Freemen not Slaves such as secures their Religion Liberty and Property if these Princes contrary to Law imprison their persons or seize their Estates they do it unjustly without God's Warrant or any Political Authority and may be resisted or else we might not resist the Devil should he creep into the Court in a Jesuits habit and Haman-like get a Commission to cut all our Throats If I be called to suffer for my Religion or the Faith of Christ I am bound to
Not by the Law of the Land Answ Yes By the Law of the Land a Petty Constables word would justifie Resistance better then the Kings Commission could justifie the illegal Attempt But suppose there were no Person that had the least Authority and that the resistance could not be within the prescribed Form of government yet because the force is an unauthoritative force and because there is greater necessity of the End of the government than of the Form Men may by the Law of Nature and the Law of Reason proceed to the End not without all Form but without the Political Form for those proceedings that are according to Reason are not simply under no Law but under a more extensive Law and that Law justifies resistance even of Superiors when there is no other way of defence left the people If the Case will admit of Intreaties or sober Counsels or legal Appeals they are to be used but if there be no room for these or if they take no place but illegal force be used that force may nay must be resisted or evil is consented to For he that will not serve the publick by that means when there is no other does actually consent to the ruine of it He that has his house on fire and will not stir to quench the flames though he be able is willing sure it should be burnt The Rules of prudence indeed are to be observed for if there be no probability that resistance will prevent the Evil the attempt is Folly and if resistance will do more harm than good it is inserviceable and if there be any other means effectual it is unreasonable for it ought to be the last refuge and then if the Cause be good Necessity justifies proceeding to the End Not by illegal Means but by suspending the Political Form and appealing to the Reason of Mankind and introducing the Law of Nature And this is no more than when Judgment at Common-Law is reversed in Chancery the Form of the Law gives place to Equity and sound Reason Obj. 6. But is it Rebellion Answ I Answer Rebellion is resisting the just Power of the Government and if so then it is no Rebellion to resist the unjust and usurped Power for then it would be Rebellion to resist Rebellion and there could be no such thing as a just defence against the exorbitant Power of Princes and then the King might Commission a Captain or a Collonel to role up and down in the Country and Plunder and it would be Rebellion in the Posse Cum. at least in any private Family to resist them And a private Commission to cut our Throats would tye our hands till the business were done But the resisting such Force as has neither Moral nor political power is no more Rebellion than to fight against a Wild Beast that came with Strength but no Authority to devour them The Papists indeed have taken up Arms without and against the just power of this Land not only against the Form of Law but to the overthrow of the Laws and Fundamental Rights of this Government directly against the Letter the Power and the End of the Law which is as inslaving to the Subjects as an usurping Conquest and it is no more Rebellion to resist them than Wat Tyler or Jack Cade They are Rebels who Arm against the government not they that defend it by Arms Obj. 7. But this is to usurp the Power of the Sword which by the Frame of the Government is wholly in the Kings Hand Answ The Political Power of the Sword indeed is in the King but that does not devest the Subject of all defence by Arms but only of such defence as is against or inconsistent with the Political Power If force be offered that wants Political Power whoever does it does it but in the Nature of a private Person and private Persons may resist such The Right of Self-defence is a precedent Right to all Policy and every Man has so much of it still as is not given up unto the Political Power he lives under They therefore that have given themselves up to be governed by Law only have Right to defend themselves not only against the private Assailant which is allowed in all Governments but also against illegal Force And this Resistance is no Usurpation upon the Magistrates Power because it is not an Act of Civil Authority but of Natural Right And if thousands joyn in the Attempt they are all Voluntiers a Multitude but no body Corporate and such as challenge no Authority over those they resist but deny Subjection to such unauthoritative Force For such Force wanting Political Power has no Power but Strength and Strength authorizes none to injure but Natural Right authorizes every one to defend himself so that in this case the Resister has a moral Power or Warrant but the illegal Invader none at all Obj. 8. But the Resisters ought not to do an unlawful Act to suppress such illegal Force Answ I Answer That Act is not simply Unlawful that wants Political Power the Law is made for the publick Good as the End and therefore if the prescribed means be not sufficient for the End the Law permits that other reasonable means be used otherwise People might dwell upon the Shadow till they 've lost the Substance The Posse Com. ought not by the prescribed form of Law to go into another County but if the other Country at that time had no Sheriff whereby the power of that County could not be raised to defend it self or if there were Ships in the Borders of the next County to which the Plunderers might escape if they were not hotly pursued I question not but the Posse Com. might do a commendable Act to pursue them and take them in the next County The Law was made for the publick Good and not the Publick Good for the Law and therefore when the Law cannot answer its own End or prescribes ineffectual Means any just and honest Means may be used and this is not destructive of the Law but suppletory not a violating the Form prescribed but an improving it And though a Man may be called to account for doing a Good Act in such a manner I suppose it is but to know the Truth of the Matter and to preserve the Reverence of the Laws for he is already cleared in his own Conscience and in the Breasts of all Good Men and a Pardon in that case does but declare it is so and ought of Right not of Grace to be granted For it is not necessary in respect of any Crime but in respect of some defect in the Law which had not made sufficient provision for the Publick Good Object 9. But it is against true Allegiance and an Oath must be kept though it be to our own hurt Answ True Allegiance must be proportioned to the Frame of the Government and the end of that Frame Therefore if the Frame be to restrain Arbitrary Power the Subject cannot
relate to the Executive Power which is in the King and not to the Legislative in which we cannot suppose that our Legislators who made that Law intended to give up that which we plainly see they resolved still to preserve entire according to the Antient Constitution So then the not resisting the King can only be applied to the Executive Power that so upon no pretence of ill Administrations in the Execution of the Law it should be lawful to resist him but this cannot with any reason be extended to an Invasion of the Legislative Power or to a total Subversion of the Government For it being plain that the Law did not design to lodg that Power in the King it is also plain that it did not intend to secure him in it in case he should set about it 4. The Law mentioning the King or those Commissionated by him shews plainly that it only designed to secure the King in the Executive Power for the word Commission necessarily imports this since if it is not according to Law it is no Commission and by consequence those who act in virtue of it are not commissionated by the King in the Sense of the Law The King likewise imports a Prince clothed by Law with the Regal Prerogative but if he goes to subvert the whole Foundation of the Government he subverts that by which he himself has his Power and by consequence he annuls his own Power and then he ceases to be King having endeavoured to destroy that upon which his own Authority is founded XV. It is acknowledged by the greatest Assertors of Monarchial Power that in some Cases a King may fall from his Power and in other Cases that he may fall from the Exercise of it His deserting his People his going about to enslave or sell them to any other or a furious going about to destroy them are in the opinion of the most Monarchical Lawyers such Abuses that they naturally divest those that are guilty of them of their whole Authority Infancy or Phrenzy do also put them under the Guardianship of others All the crowned Heads of Europe have at least secretly approved of the putting the late King of Portugal under a Guardianship and the keeping him still Prisoner for a few Acts of Rage that had been fatal to a very few persons And even our Court gave the first countenance to it though of all others the late King had the most reason to have done it at least last of all since it justified a younger Brother's supplanting the Elder yet the evidence of the thing carried it even against Interest Therefore if a King goes about to subvert the Government and to overturn the whole Constitution he by this must be supposed either to fall from his Power or at least from the Exercise of it so far as that he ought to be put under Guardians and according to the Case of Portugal the next Heir falls naturally to be the Guardian XVI The next thing to be considered is to see in Fact whether the Foundations of this Government have been struck at and whether those Errors that have been perhaps committed are only such Malversations as ought to be imputed only to human Frailty and to the Ignorance Inadvertencies or Passions to which all Princes may be subject as well as other Men. But this will best appear if we consider what are the Fundamental Points of our Government and the chief Securities that we have for our Liberties The Authority of the Law is indeed all in one word so that if the King pretends to a Power to dispence with Laws there is nothing left upon which the Subject can depend and yet as if Dispensing Power were not enough if Laws are wholly suspended for all time coming this is plainly a repealing of them when likewise the Men in whose hands the Administration of Justice is put by Law such as Judges and Sheriffs are allowed to tread all Laws under foot even those that infer an Incapacity on themselves if they violate them this is such a breaking of the whole Constitution that we can no more have the Administration of Justice so that it is really a Dissolution of the Government since all Trials Sentences and the Executions of them are become so many unlawful Acts that are null and void of themselves The next thing in our Constitution which secures to us our Laws and Liberties is a free and Lawful Parliament Now not to mention the breach of the Law of Triennial Parliaments it being above three years since we had a Session that enacted any Law Methods have been taken and are daily a taking that render this impossible Parliaments ought to be chosen with an entire Liberty and without either Force or Preingagements whereas if all Men are required beforehand to enter into Engagements how they will vote if they are chosen themselves or how they will give their Voices in the Electing of others This is plainly such a preparation to a Parliament as would indeed make it no Parliament but a Cabal if one were chosen after all that Corruption of Persons who had preingaged themselves and after the Threatning and Turning out of all Persons out of Imployments who had refused to do it and if there are such daily Regulations made in the Towns that it is plain those who manage them intend at last to put such a number of Men in the Corporations as will certainly chuse the Persons who are recommended to them But above all if there are such a number of Sheriffs and Mayors made over England by whom the Elections must be conducted and returned who are now under an Incapacity by Law and so are no Legal Officers and by consequence those Elections that pass under their Authority are null and void if I say it is clear that things are brought to this then the Government is dissolved because it is impossible to have a Free and Legal Parliament in this state of things If then both the Authority of the Law and the Constitution of the Parliament are struck at and dissolved here is a plain Subversion of the whole Government But if we enter next into the particular Branches of the Government we will find the like Disorder among them all The Protestant Religion and the Church of England make a great Article of our Government the latter being secured not only of old by Magna Charta but by many special Laws made of late and there are particular Laws made in K. Charles the First and the late King's time securing them from all Commissions that the King can raise for Judging or Censuring them if then in opposition to this a Court so condemned is erected which proceeds to judg and censure the Clergy and even to disseise them of their Freeholds without so much as the form of a Trial though this is the most indispensable Law of all those that secures the Property of England and if the King pretends that he can require the Clergy
Authorities out of this Realm as also for restoring and uniting to the Imperial Crown of this Realm the antient Jurisdictions Authorities Superiorities and Preheminences to the same of Right belonging and appertaining by reason whereof the Subjects of this Realm were kept in good order and disburthened of divers great and intolerable Charges and Exactions until such time as all the said good Laws and Statutes by one Act of Parliament made in the first and second Years of the Reigns of King Philip and Queen Mary were clearly repealed and made void by reason of which Act of Repeal the Subjects of England were eftsoons brought under an usurped Foreign Power and Authority and yet remained in that Bondage to their intolerable Charges and then Enacts that for the repressing of the said usurped Foreign Power and the restoring of the Rights Jurisdictions and Preheminences appertaining to the Imperial Crown of this Realm The said Act made in the first and second Years of the said late King Philip and Queen Mary except as therein is excepted be repealed void and of none effect The said Act of Primo Elizabethae proceeds First to revive by express words many Statutes that had been made in King Henry the Eighth's time and repealed in Queen Mary's and Secondly to abolish all Foreign Authority in these words viz. And to the intent that all 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 c. May it please your Highness that it may be Enacted That no Foreign Prince Person Prelate State or Potentate Spiritual or Temporal shall at any time after the last day of this Session of Parliament use enjoy or exercise any manner of Power Jurisdiction Superiority Authority Preheminence or Priviledg Spiritual or Ecclesiastical within this Realm c. but the same shall be clearly abolished out of this Realm c. Any Statute Custom c. to the contrary notwithstanding Thirdly The said Act restores in the next Paragraph to the Imperial Crown of this Realm such Jurisdictions Priviledges Superiorities c. Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical Power or Authority had heretofore been or might lawfully be exercised or used c. Fourthly the Act impowers the Queen to assign Commissioners to exercise Ecclesiastical Jurisdiction And Fifthly For the better observation and maintenance of this Act imposes upon Ecclesiastical and Temporal Officers and Ministers c. the Oath commonly call'd the Oath of Supremacy which runs thus viz. The Oath of SUPREMACY I A. B. do utterly testify and declare in my Conscience that the Queen's Highness is the only Supream Governour of this Realm and of all other her Highness's Dominions and Countries as well in all Spiritual or Ecclesiastical Things and Causes as Temporal and that no Foreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preheminence or Authority Ecclesiastical or Spiritual within this Realm And therefore I do utterly renounce and forsake all Foreign Jurisdictions Powers Superiorities and Authorities and do promise that from henceforth I shall bear Faith and true Allegiance to the Queen's Highness her Heirs and lawful Successors and to my Power shall assist and defend all Jurisdictions Priviledges Preheminencies and Authorities granted or belonging to the Queen's Highness her Heirs and Successors or united and annexed to the Imperial Crown of this Realm So help me God and by the Contents of this Book It cannot but be obvious to every impartial Peruser of the Statute especially if he have the least knowledg of what Condition the Government of this Nation was reduced to by Papal Encroachments and Usurpations That the Makers of this Law and the Sense of this Oath was no other in general than that the People of this Realm should bear Faith and true Allegiance even in Matters relating to Ecclesiastical Jurisdiction to the Queen's Highness her Heirs and lawful Successors and not to the Pope or any foreign pretended Jurisdiction What the several Jurisdictions Priviledges Preheminences and Authorities granted or belonging to the Queen her Heirs and Successors are in particular and what the Jurisdictions Priviledges Preheminences and Authorities United and Annexed to the Imperial Crown of this Realm are in particular is not material here to be discoursed of though the several Statutes made in King Henry the Eighth's time and King Edward the Sixth's and revived in Queen Elizabeth's will unfold many of them and clear the distinction which the OATH makes betwixt Authorities granted or belonging to the King and Authorities united and annexed to the Imperial Crown and Mr. Prynn's History of the Pope's intolerable Usurpations upon the Liberties of the Kings and Subjects of England and Ireland together with Sir Roger Twisden's Historical Vindication of the Church of England in point of Schism will in a great measure acquaint the Curious how matters stood with us here with respect to Church-Government before the Pope had wrested the Ecclesiastical Jurisdiction almost wholly out of the hands of our Kings our Parliaments and Courts of Justice In short those Jurisdictions c. are such as the Antient Laws Customs and Usages of the Realm or latter Acts of Parliament have Created Given Limited and Directed The Makers of this Law did not design to impose upon the People of England any new Terms of Allegiance but to secure the old ones exclusive of any Pretences of the Pope or See of Rome Nor are there any words in this Oath more strong more binding to Duty and Allegiance than are words which the old Oath of Fealty is conceived in which all Men were antiently obliged and may yet be required to take to the King in the Court-Leet at twelve years of Age which runs thus viz. You shall swear that from this day forward you shall be true and faithful to our Soveraign Lord King James and his Heirs And Faith and Truth shall bear of Life and Limb and terrene Honour And you shall not know nor hear of any ill or damage intended to him that you shall not defend So help you Almighty God This is as full and comprehensive as the Oath of Supremacy I do promise that I shall bear faith and true Allegiance to the Queen's Highness her Heirs and lawful Successors and to my power shall assist and defend all Jurisdictions c. So that the true sense and meaning of the Oath of Supremacy is this viz. I will be true and faithful to our Soveraign Lord the King his Heirs and lawful Successors and will to my Power assist and defend all his Rights notwithstanding any pretence made by the Pope or any other Foreign Power to exercise Jurisdiction within the Realm all which Foreign Power I utterly renounce in Matters Ecclesiastical as well as Temporal The Oath of Allegiance is appointed by the Act of 3 Jac. 1. Chap. 4. Intituled An Act for discovering and repressing of Popish Recusants It
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-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
out of the Hands of the Possessor than purely those of his own Conscience which is worthy Mr. Considerer's highest Consideration I shall only take notice of one Objection more and then conclude fearing I have too much trespass'd on your Patience already It 's very hard says he that a man should lose his Inheritance because he is of this or that Perswasion in Matters of Religion And truly Gentlemen were the Case only so I should be intirely of his mind But alass Popery whatever Mr. Considerer is pleas'd to insinuate in not an harmless innocent Perswasion of a Number of Men differing from others in matters relating to Christian Religion but is really and truly a different Religion from Christianity it self Nor is the Inheritance he there mentions an Inheritance only of Black-Acre and White Acre without any Office annexed which requires him to be par Officio But the Government and Protection of several Nations the Making War and Peace for them the Preservation of their Religion the Disposal of Publick Places and Revenues the Execution of all Laws together with many other things of the greatest Importance are in this Case claimed by the Word Inheritance which if you consider and at the same time reflect upon the Enslaving and Bloody Tenents of the Church of Rome more particularly the Hellish and Damnable Conspiracy those of that Communion are now carrying on against our Lives our Religion and our Government I am confident you will think it as proper for a Wolf to be a Shepherd as it is for a Papist to be the Defender of our Faith c. The Old Gentleman had no sooner ended his Discourse but I returned him my hearty Thanks for the Trouble he had been pleased to give himself on this Occasion and I could not but acknowledge he had given me great Satisfaction in that Affair what it will give thee Charles I know not I am sure I parted from him very Melancholy for having been a Fool so long Adieu I am thy Affectionate I. D. A Collection of Speeches IN THE House of Commons In the Year 1680. The Lord L. Speech My Lords MAny have been the Designs of the Papists to subvert this poor Nation from the Protestant Religion to that of the See of Rome and that by all the undermining Policies possibly could be invented during the Recess of Parliament even to the casting the Odium of their most Damnable Designs on the Innocency of his Majesties most Loyal Subjects We have already had a taste of their Plottings in Ireland and find how many unaccountable Irish Papists dally arrive which we have now under Consideration My Lord Dunbarton a great Romanist has Petitioned for his stay here alledging several Reasons therein which in my Opinion make all for his speedy Departure for I can never think his Majesty and this Kingdom sufficiently secure till we are rid of those Irish Cattel and all others besides for I durst be bold to say that whatsoever they may pretend there is not one of them but have a destructive Tenet only they want Power not Will to put it in force I would not have so much as a Popish Man nor a Popish Woman to remain here nor so much as a Popish Dog or a Popish Bitch no not so much as a Popish Cat that should pur or mew about the King We are in a Labyrinth of Evils and must carefully endeavour to get out of them and the greatest danger of all amongst us are our conniving Protestants who notwithstanding the many Evidences of the Plot have been industrious to revile the Kings Witnesses and such an one is R L'E who now disappears being one of the greatest Villains upon the Earth a Rogue beyond my Skill to delineate has been the Bugbear to the Protestant Religion and traduced the King and Kingdoms Evidences by his notorious scribling Writings and hath endeavoured as much as in him lay to eclipse the Glory of the English Nation he is a dangerous rank Papist proved by good and substantial Evidence for which since he has walked under another disguise he deserves of all Men to be hanged and I believe I shall live to see that to be his State He has scandalized several of the Nobility and detracted from the Rights of his Majesty's great Council the Parliament and is now fled from Justice by which he confesses the Charge against him and that shows him to be guilty My humble Motion is that this House Address to his Majesty to put him out of the Commission of Peace and all other Publick Employments for ever Speeches in the Honourable House of Commons Mr. Speaker IN the Front of Magna Charta it is said Nulli negabimus nulli differimus Justitiam we will defer or deny Justice to no Man to this the King is Sworn and with this the Judges are intrusted by their Oaths I admire what they can say for themselves if they have not read this Law they are not fit to sit upon the Bench and if they have I had almost said they deserve to lose their Heads Mr. Speaker The State of the poor Nation is to be deplored that in almost all ages the Judges who ought to be Preservers of the Laws have endeavoured to destroy them and that to please a Court-Faction they have by Treachery attempted to break the Bonds asunder of Magna Charta the great Treasury of our Peace it was no sooner passed but a Chief Justice in that day perswades the King he was not bound by it because he was under Age when it was passed But this sort of Insolence the next Parliament resented to the ruine of the pernicious Chief Justice In the time of Richard the Second an unthinking dissolute Prince there were Judges that did insinuate into the King that the Parliament were only his Creatures and depended on his Will and not on the Fundamental Constitutions of the Land which Treacherous Advice proved the Ruine of the King and for which all those evil Instruments were brought to Justice In his late Majesties Time his Misfortunes were occasioned chiesly by the Corruptions of the Long Robe his Judges by an Extrajudicial Opinion give the King Power to raise Money upon an extraordinary Occasion without Parliament and made the King Judge of such Occasions Charity prompts me to think they thought this a Service to the King but the sad Consequences of it may convince all Mankind that every illegal Act weakens the Royal Interest and to endeavour to introduce Absolute Dominion in these Realms is the worst of Treasons because whilst it bears the Face of Friendship to the King and Designs to be for his Service it never fails of the contrary effect The two great Pillars of the Government are Parliaments and Juries it is this gives us the Title of Free-born English-men for my Notion of Free-English-men is this that they are ruled by Laws of their own making and tried by Men of the same Condition with themselves The Two great
and undoubted Priviledges of the People have been lately invaded by the Judges that now sit in Westminster-hall they have Espoused Proclamation against Law they have discountenanced and opposed several legal Acts that tended to the sitting of this Honourable House they have grasped the Legislative Power into their own Hands as in that Instance of Printing the Parliament was considering that matter but they in the interim made their private Opinion to be Law to supersede the Judgment of this House They have discharged Grand Juries on purpose to quel their Presentments and shelter great Criminals from Justice and when Juries have presented their Opinion for the sitting of this Parliament they have in disdain thrown them at their Feet and told them they would be no Messengets to carry such Petitions and yet in a few days after have encouraged all that would spit their Venom against the Government they have served an Ignorant and Arbitrary Faction and been the Messengers of Abhorrences to the King Mr. Speaker What we have now to do is to load them with shame who have bid defiance to the Law they are guilty of Crimes against Nature against the King against their Knowledge and against Posterity The whole frame of Nature doth loudly and daily petition to God their Creator and Kings like God may be addressed to in like manner by Petition not Command They likewise knew it was lawful to petition Ignorance can be no Plea and their Knowledge aggravates their Crimes The Children unborn are bound to curse such Proceedings for 't was not petitioning but Parliaments they abhorr'd The Atheist pleads against a God not that he disbelieves a Deity but would have it so Tresilian and Belknap were Judges too their Learning gave them Honour but their Villanies made their Exit by a Rope The end of my Motion therefore is That we may address warmly to our Prince against them let us settle a Committee to enquire into their Crimes and not fail of doing Justice upon them that have perverted it let us purge the Fountain and the Streams will issue pure November the 17th being appointed for consideration of His Majesty's Message the Order being read it was moved by a worthy Member THAT as long as Popery hangs over us we could do nothing and we ought to represent our condition to the King and then when we had secured our Religion and Property we should be ready to do any thing that might make the King happy and great A Second I am sorry that Tangier that is a Supply is moved for at so unseasonable a time I confess Tangier is of great moment but we have now in hands that which is of greater moment than ten Tangiers put together The consideration of that before we are secure in our Religion at home is as when an Enemy was landed we should afterwards go to fortifie the Coasts of Kent And being told us by His Majesty we should secure our selves against Popery by all ways but meddling with the Succession and should rest there we are prevented of what is our preservation And the providing for Tangier now will be the weakening of our Security When Tangier was put into the hands of the English first there was an Article that there should continue a Popish Church and the Religion that belonged to it to continue their Lives but not to be replenish'd with new And if it be enquir'd into I believe it will be found the number of them is not yet decreased It is not long since there was a Popish Governour there many Papists and Souldiers gone thither lately from Ireland It is not a little Sum that will do what is needful there and if it should be a considerable one that should be given for it it may be made use of to raise an Army there so that we run into a great Inconveniency by providing for it I think we ought to consider well of it before we do And yet I am not for sullenly saying we will raise no Money but for clearly stating the Case by an Address to the King A Third I am only to acquaint you That Tangier is not to be maintained without your Support A Fourth All things are to be considered comparatively and if it be made an Argument against the Duke's Bill that is at the Head of an Army in Scotland and that in Ireland there are ten Papists to one Protestant his great interest in the Fleet and being Admiral and Tangier being a Seminary of Papists then sure you have a special Argument to take Tangier into your Consideration and Money may be for that Service But then this Parliament do not ask Petitions of Grace but of Right And will you part with your Money without any Security You have often done so and what are you the better for it I long for the time when we may give Money to make the King great but if things must go on as they do I am for a plain Bargain to know what we shall have for our Money For my part I only desire our Security but if we should give Money I suppose you will take care what hands we put it in and there ought to be a Trust Let us Address His Majesty A Fifth We are told Tangier is of Importance it is a Nursery of Papists And we are likewise told The Irish sent thither a part of the Irish Army and they take the Oath that is no Security Was not the Lord Bellassis Governour of Tangier and Hull and the Pensioners Captain all at a time and took the Oaths those Souldiers for ought I know may be brought hither and the asking for a Supply for it at this time is very unreasonable because Parliaments have been put off two or three years and whilst there are people that dare make a difference between the King and this House we shall never be safe Let us represent our Condition as boldly as may stand with good manners It is not to be endured to see the Duke preferred before the King as he was as if Arguments of his Greatness and Power were Arguments strong enough to hinder the Bill He hath violated the Law and we needed not to have gone this way to work if we could have had Justice against him but he is too great for that let us Address His Majesty A Smith If Tangier be wholly under the Duke's Care and Protection and such a Seminary for Papists as hath been represented I think no motion to have a Supply for it is unseasonable and am against it order the bringing in the state of it A Seventh I spoke the fence of the City formerly and do so now again and in the name of the greatest part of the Commonalty of the City of London and we do declare That we are ready to give Money half we have nay all and be content to set up again and get new Estates if we can but be secured The burning of London justly laid upon the Papists and
the King to be Presented and Delivered by which Petition it was shown that whereas there had been and was a most damnable Plot against the Royal Person of our said Soveraign Lord the King the Protestant Religion and well Established Government of this Realm for which Plot several of the Principal Conspirators were impeached by Parliament and whereby it was humbly prayed that the Parliament which was prorogued to the 26th day of January next ensuing in the said Year might then sit to Try the Offenders and to redress the pressing Grievances not otherwise to be Redressed And that Thomas Whitfield late of the said Parish of St. Martin's in the Fields in the Liberty aforesaid and the County aforesaid Yeoman John Smallbones late of the said Parish within the Liberty aforesaid in the County aforesaid Woodmonger and William Laud late of the Parish aforesaid in the County aforesaid Yeoman being persons ill-affected and Contriving Devising and Intending as much as in them lay to hinder the sitting of the said Parliament as was prayed by the said Petition and also to hinder the Trial of the said Offenders and Redressing the said Grievances the said 20th day of December in the said one and Thirtieth Year of the Reign of our said Soveraign Lord the King as Rioters and Disturbers of the Peace of our Soveraign â—ord the King for the Disturbing of the Peace of our said Soveraign Lord the King with Force and Arms at the said Parish within the Liberty aforesaid in the County aforesaid Unlawfully and Riotously did Assemble themselves and being so then and there assembled with Force and Arms then and there Unlawfully Riotously and Injuriously the said Petition being delivered by one William Horsley to them the said Thomas Whitfield John Smallbones and William Laud at their Request and for the subscribing their Names thereunto if they should think fit did Tear in pieces in contempt of our said Sovereign Lord the King and of his Laws to the evil Example of all others in the like Cases offending and against the Peace of our said Soveraign Lord the King his Crown and Dignity The Names of the Grand-Jury that found the Bill are these William Jacob Thomas Trevor Erasmus Browne Henry Dugley Richard Streete John Henly John Weston Martin Frogg John Pierce Robert Pinke Nathanael Wilkinson Edward Whitefoot John Gentle Thomas Harris William Fortune Roger Higdon James Harrold Cornelius Rickfield ☞ George Wright Apothecary ☞ Walter Wright Apothecary ☞ Adam Langley Apothecary Upon Wednesday the 7th of this instant January many Gentlemen and eminent Citizens who had been concerned for managing the Petition for the Sitting of the Parliament upon the 26th instant met together and agreed upon the method of finishing the same and of nominating fit Persons for the Presenting it to His Majesty which being accordingly done these Gentlemen following viz. Sir Gilbert Gerrard Baronet Son-in-Law to the late Bishop of Durham Francis Charlton Esq John Ellis Esq John Smith Esq Johnson of Stepney Esq Ellis Crispe Esq Anthony Selby Esq Henry Ashurst Esq Tho. Smith Esq Gentlemen of good Worth and Estates and several of whom have been eminent Sufferers for His Majesty did this 13th of January attend His Majesty with it at Whitehall when being introduced to His Royal Presence Sir Gilbert Gerrard kneeling presented this Petition To the King 's most Excellent Majesty The humble Petition of Your Majesty's most Dutiful and Loyal Subjects Inhabitants in and about the City of London whose Names are here-under subscribed Sheweth THat whereas there has been and still is a most Damnable and Hellish Popish Plot branched forth into the most Horrid Villianies against Your Majesty's most Sacred Person the Protestant Religion and the well Established Government of this Your Realm for which several of the principal Conspirators stand now impeached by Parliament Therefore in such a time when Your Majesty's Royal person as also the Protestant Religion and the Government of this Nation are thus in most imminent Danger We Your Majesty's most Dutiful and Obebient Subjects in the deepest sense of our Duty and Allegiance to Your Majesty Do most humbly and earnestly pray That the Parliament which is prorogued until the 26th day of January may then sit to Try the Offenders and to redress all our most important Grievances no otherwise to be redressed And Your Petitioners shall ever pray for Your Majesty's long and prosperous Reign 〈◊〉 expressed himself to this effect Sir I have a Petition from many thousands of your Majesty's Dutiful and Loyal Subjects in and about Your City of London which I 〈…〉 in their Names and desire Your Majesty would be pleased to read it To which His Majesty gave this Gracious answer I know the substance of it already I am Head of the Government and will take care of it and then received the Petition it being a great Roll of above 100 Yards in length and carried it away in His Hand The Judgment and Decree of the University of Oxford pass'd in their Convocation July 21. 1683. against certain Pernicious Books and Damnable Doctrines destructive to the Sacred Persons of Princes their State and Government and of all Human Society Published by Command ALtho' the barbarous Assassination lately enterprized against the person of his Sacred Majesty and his Royal Brother engage all our thoughts to reflect with utmost detestation and abhorrence of that execrable Villainy hateful to God and Man and pay our due acknowledgements to the Divine Providence which by extraordinary methods brought it to pass that the breath of our Nostrils the anointed of the Lord is not taken in the pit which was prepared for him and that under his shadow we continue to live and enjoy the Blessings of his Government Yet notwithstanding we find it to be a necessary duty at this time to search into and lay open those impious Doctrines which having of late been studiously disseminated gave rise and growth to those nefarious attempts and pass upon them our solemn publick Censure and Decree of Condemnation Therefore to the honour of the holy and undivided Trinity the preservation of Catholick truth in the Church and that the King's Majesty may be secur'd from the attempts of open and bloudy enemies and the machinations of Traiterous Hereticks and Schismaticks We the Vice Chancellor Doctors Proctors and Masters Regent and not Regent met in Convocation in the accustom'd manner time and place on Saturday the 21 of July in the Year 1683. concerning certain Propositions contained in divers Books and Writings published in English and also in the Latin tongue repugnant to the holy Scriptures Decrees of Councils Writings of the Fathers the Faith and Profession of the Primitive Church and also destructive of the Kingly Government the safety of his Majesty's Person the Publick Peace the Laws of Nature and bonds of humane Society By our Unanimous assent and consent have Decreed and Determin'd in manner and form following Proposition 1. All Civil Authority is derived originally from