With several other Informations concerning other Fires in Southwark Fetter-Lane and elsewhere 27 5. Votes and Addresses of the Honourable House of Commons assembled in Parliament made 1673. concerning Popery and other Grievances 49 6. A Letter from a Parliament-man to his Friend concerning the Proceedings of the House of Commons this last Session begun the 13th of October 1675. 53 7. A Speech made by Sir William Scroggs one of His Majesty's Serjeants at Law to the Right Honourable the Lord Chancellor of England at his admission to the Place of one of His Majesty's Justices of the Court of Common-Pleas 56 8. A Discourse upon the Designs Practises and Councels of France 59 9. An Answer to a Letter written by a Member of Parliament in the Countrey upon the Occasion of his reading of the Gazette of the 11th of December 1679. wherein is the Proclamation for further proroguing the Parliament till the 11th of November next ensuing 67 10. The Right Honourable the Earl of Shaftsbury's Speech in the House of Lords March 25. 1679. 71 11. The Instrument or Writing of Association that the true Protestants of England entred into in the Reign of Queen Elizabeth 73 12. The Act of Parliament of the 27th of Queen Elizabeth in Confirmation of the same 74 13. A Word without doors concerning the Bill for Succession 76 14. A Collection of Speeches in the House of Commons in the Year 1680. 81 15. A Copy of the Duke of York's Bill 91 16. Some particular Matters of Fact relating to the Administration of Affairs in Scotland under the Duke of Lauderdale 93 17. The Impeachment of the Duke and Dutchess of Lauderdale with their Brother the Lord Hatton presented to his Majesty by the City of Edenburgh The matters of fact particularly relating to the Town of Edenburgh humbly offered for His Majesty's information 96 18. His Majesty's Declaration for the dissolving of His late Privy Council and for constituting a New One made in the Council-Chamber at White-hall April 20. 1679. 99 19. The Mâ—ssage from the King by Mr. Secretary Jenkins to the Commons on the 9th of November 1680. 102 20. The Address to His Majesty from the Commons on Saturday the 13th of November 1680. Ibid. 21. The Address of the Commons in Parliament to His Majesty to remove Sir George Jeffreys out of all publick Offices 103 22. His Majesty's Message to the Commons in Parliament relating to Tangier 104 23. The Humble Address of the Commons assembled in Parliament presented to His Majesty on Monday the 29th of November 1680. in answer to that Message ibid. 24. The Humble Address of the House of Commons presented to His Majesty on Tuesday the 21st of December 1680. in answer to His Majesty's Gracious Speech to both Houses of Parliament upon the 15th day of the same December 107 25. The Report of the Committee of the Commons appointed to examine the Proceedings of the Judges c. 109 26. The Report from the Committee of the Commons in Parliament appointed by the Honourable House of Commons to consider of the Petition of Richard Thompson of Bristol Clerk and to examine Complaints against him And the Resolution of the Commons in Parliament upon this Report for his Impeachment for High Crimes and Misdemeanors on Friday the 24th of December 1680. 116 27. Articles of Impeachment of Sir William Scroggs Chief Justice of the Court of King's Bench by the Commons in 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 119 28. The Humble Petition of the Right Honourable the Lord Mayor Aldermen and Commons of the City of London in Common Council assembled on the 13th of January 1680. to the King 's Most Excellent Majesty for the sitting of the Parliament prorogued to the 20th then instant together with the Resolutions Orders and Debates of the said Court 122 29. Vox Patriae Or the Resentments and Indignation of the Free-born Subjects of England against Popery Arbitrary Government the Duke of York or any Popish Successor being a true Collection of the Petitions and Addresses lately made from divers Counties Cities and Burroughs of this Realm to their Respective Representatives chosen to serve in the Parliament held at Oxford March 21 1680. 125 30. The Speech of the Honourable Henry Booth Esq at Chester the 2d of March 1680 1 〈◊〉 his being elected One of the Knights of the Shire for that County to serve in the Parliament summon'd to meet at Oxford the 21st of the said Month. 147 31. An Account of the Proceedings at the Sessions for the City of Westminster against Thomas Whitfield Scrievener John Smallbones Woodmonger and William Laud Painter for tearing a Petition prepared to be presented to the King for the sitting of the Parliament with an Account of the said Petition presented on the then 13th Instant and His Majesty's Gracious Answer 150. 32. The Judgment and Decree of the Vniversity of Oxford passed 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 Humane Society 153 32. The Case of the Earl of Argyle Or an Exact and Full Account of his Tryal Escape and Sentence As likewise a Relation of several Matters of Fact for better clearing of the said Case 151 33. Murther will out Or The King's Letter justifying the Marquess of Antrim and declaring that what he did in the Irish Rebellion was by direction from His Royal Father and Mother and for the Service of the Crown 217 34. Vox Populi Or The Peoples claim to their Parliaments sitting to redress Grievances and to provide for the Common safety by the known Laws and Constitution of the Nation 219 35. 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 225 36. The Speech and Carriage of Stephen Colledge before the Castle at Oxford on Wednesday Aug. 31. 1681. taken exactly from his Mouth at the place of Execution 255 37. The Speech of the late Lord Russell to the Sheriffs together with the Paper delivered by him to them at the place of Execution July 21. 1683. 262 38. To the King 's Most Excellent Majesty the Humble Petition of Algernoon Sidney Esq 266 39. The very Copy of a Paper delivered to the Sheriffs upon the Scaffold on Friday Dec. 7. 1683. by Algernoon Sidney Esq before his Execution there 267 40. Of Magistracy 269. Of Prerogatives by Divine Right 270. Of Obedience 271. Of Laws 272. By Mr. Samuel Johnson 41. Copies of two Papers written by the late King Charles II. published by His Majesty's Command Printed in the Year 1686. 273. 42. A Letter containing some Remarks on the Two Papers writ by His late Majesty King Charles II. concerning Religion 274
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
and Corporations throughout England were generally so well satisfied with the Proceedings of the Honourable House of Commons in the last Parliament That as soon as they heard of the Dissolution they Resolved to chuse the very same respective Persons again and contriv'd to make their Elections without putting the Gentlemen chosen to any Charge Thereby to crush that Pernicious Custom of over-ruling Debauchery at Choice of Members which had not only scandaliz'd the Nation but almost impoyson'd and destroyed the very Constitution of our Parliaments A Letter from the famous Town of Kingston upon Hull to Sir Michael Wharton Kt. and William Gee Esq Burgesses for that Town in the late Parliament Worthy Gentlemen WE understand you have signified to us our Magistrates your willingness to represent in the ensuing Parliament and that they have gratefully accepted of your generous Offer which if they had communicated to us our joynt compliance would have been readily manifested for we are so sensible of your integrity in the late Parliament by your indefatigable care and pains in endeavouring the security of His Majesties Sacred Person as also our Religion and Property that we cannot but rejoyce that you are pleased again to offer us that kindness which your former good Service hath engaged us to become Suitors for We do therefore return you our hearty thanks and you may be confident without your appearance or the least charge to have all our Suffrages Nemine contradicente and will as our Obligations bind us stand by your Proceedings as becomes Loyal Subjects and true Englishmen subscribing our selves Your obliged and affectionate Friends and Servants c. Which was subscribed by Matthew Johnson Esq Sheriff of the said Town and 122 more of the most Eminent Burgesses and Electors Another Letter from Lewis in Sussex on the like Occasion To their late Worthy Representatives Richard Bridger and Thomas Pellam Esquires Gentlemen WE are sensible of the great Trouble and Charge you have been at as our Representatives and of your great Care and Constancy for which we return you our hearty Thanks with our earnest Request that you would be pleased once more to favour us in the same capacity And you will thereby much Oblige Your Faithful Friends and Servants This was Subscribed by near 150 of the Inhabitants of Lewis aforesaid On the 4th of February The City of London Assembled in Common-Hall consisting of several Thousand Livery-Men having by an Unanimous Voice Elected their Old Representatives Returned them their Thanks in a Paper there Publickly Read and Approved of with a General Consent The Address of the City of London To the Honoured Sir Robert Clayton Knight Thomas Pilkington Alderman Sir Thomas Player Knight and William Love Esq late and now chosen Members of Parliament for this Honourable City of London WE the Citizens of this City in Common-Hall Assembled having Experienced the great and manifold Services of you our Representatives in the Two last Parliaments by your most faithful and unwearied Endeavours to Search into and discover the depth of the horrid and hellish Popish Plots to preserve His Majesty's Royal Person the Protestant Religion and the well established Government of this Realm to secure the Meeting and Sitting of frequent Parliaments to Assert our undoubted Rights of Petitioning and to punish such who would have Betrayed those Rights to promote the happy and long-wished for Union amongst all His Majesty's Protestant Subjects to Repeal the 35th of Elizabeth and the Corporation-Act and especially for what Progress hath been made towards the Exclusion of all Popish Successors and particularly of James Duke of York whom the Commons of England in the two last Parliaments have Declar'd and we are greatly sensible is the Principal Cause of all the Ruine and Misery impending these Kingdoms in general and this City in particular For all which and other your constant and faithful Management of our Affairs in Parliament we offer and return to you our most hearty Thanks being confidently assur'd that you will not consent to the granting any Money-Sudply until you have effectually Secur'd us against Popery and Arbitrary Power Resolving by Divine Assistance in pursuance of the same Ends to stand by you with our Lives and Fortunes And likewise there was offered another Paper directed to the Sheriffs purporting their Thanks to the several Noble Peers for their late Petition and Advice to His Majesty which was as followeth To the Worshipful Slingsby Bethel and Henry Cornish Esquires Sheriffs of the City of London and Westminster WE the Citizens of the said City in Common-Hall Assembled having read and diligently perus'd the late Petition and Advice of several Noble Peers of this Realm to His Majesty whose Counsels we humbly conceive are in this unhappy Juncture highly seasonable and greatly tending to the Safety of these Kingdoms We do therefore make it our most hearty Request that you in the Name of this Common-Hall will return to the Right Honourable the Earl of Essex and by him to the rest of those Noble Peers the Grateful Acknowledgment of this Assembly Which being Read and Approved of by a General Acclamation the Sheriffs promised to give their Lordships the Thanks of the Common-Hall in pursuance of their Request The Address of the City of Westminster Febr. 10. 1680 1. To the Honoured Sir William Poultney and Sir William Waller Knights Unanimously Elected Members of the ensuing Parliament for the Ancient City of Westminster WE the Inhabitants of this City and the Liberties thereof Assembled retaining a most grateful and indelible Sence of your prudent Zeal in the late Parliament in searching into the depth of the horrid and hellish Plots of the Papists against His Majesty's Royal Person the Protestant Religion and the Government of the Realm and in endeavouring to bring the Authors of Wicked Counsels to condign punishment And remembring also your faithful discharge of that great Trust reposed in you in vindicating our undoubted Right of Petitioning His Majesty That Parliaments may Sit for the Redress of our Grievances which Hereditary Priviledge some Bad Men would have wrested out of our Hands upon whom you have set such a just Brand of Ignominy as may deter them from the like Attempts for the time to come And further reflecting upon your vigorous Endeavours to secure to us and our Posterity the Profession of the True Religion by those Just Legal and Necessary Expedients which the great Wisdom of the Two last Parliaments fixed upon and adhered to Do find our selves obliged to make our open Acknowledgement of and to return our hearty Thanks for your eminent Integrity and Faithfulness your indefatigable Labour and Pains in the Premises not once questioning but you will maintain the same good Spirit and Zeal to secure His Majesty's Royal Person and to preserve to us the Protestant Religion wherein all good Subjects have an Interest against the secret and subtil Contrivances and open Assaults of the Common Enemy as also our Civil Rights and Properties
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.
there he Occasion The Information of John Chishul Schoolmaster in Enfield UPon Friday August 31. Mrs. St. George and her eldest Daughter Susanna St. George both Popish Recusants came to visit Mrs. Rebecca Eves Widow at her House in Enfield where speaking concerning the Session of Parliament drawing nigh Mrs. St. George told her that some would hereafter be called to account for a Plot. Being asked for what She told her in her ear For burning the City Mrs. Eves afterwards hearing of the firing of London and going to a place where she might behold it met with Mrs. Susanna St. George and amongst other Discourse told her how much her Mothers words which she spake the Friday before did run in her thoughts which she repeated to her Daughter who made this Reply That her Mother was very apt to talk and that she had been fain to keep her Mother within doors during the Fire fearing lest she should talk After this during the Fire Mrs. Eves met with Mrs. Cook another Popish Recusant and of the same Family to whom she also related Mrs. St. George her Words who made this Return That she was a worthy Woman to keep Councel Also the Lady St. George at Enfield in the Lord of Lincoln's House declared to Mrs. Rebecca Eves of the said Town That within a few Days the City of London would be laid in ashes This was spoken about two Days before the Fire happened Mrs. Eves of Enfield her Examination before Mr. Jolliff and Mr. Marvel December 20. 1666. concerning Mrs. St. George MRs. Rebecca Eves of Enfield three or four Days or within a Week before the Fire receiving a Visit in her own House from Mrs. St. George amongst other Discourse Mrs. St. George ask'd her What News she heard And if she knew when the Parliament sate Mrs. Eves replyed She thought shortly The other ask'd If she heard of any that were to be called in question before the Parliament Mrs. Eves said About what Mrs. St. George said About a Plot. Mrs. Eves asked What Plot Mrs. St. George answered About firing the City Mrs. Eves said I hope God will preserve the City but People use not to be questioned before the Fact be committed So the Discourse was waved for that time At the time of the Fire Mrs. Eves went out to look towards the Fire and mentioning Mrs. St. George one in the Company replyed behind her but she cannot certainly fix the Person A prime woman to keep Councel After the Fire Mrs. St. George her Daughter came to Mrs. Eves who asked her If she remembred what her Mother had said She said My Mother is such a Woman she will speak what she thinks Afterwards she said That she had much ado to keep her Mother in at the time of the Fire lest she should speak some things she should be questioned for At the first Discourse Mrs. Eves her Daughter and others of the Family were present Mr. St. George his Wife and Family have since left Enfield They are all great Papists and there are many more in the Neighbourhood A Letter directed and sent by the Post to Mr. Samuel Thurlton in Leicestshire from a Person unknown as followeth Dated October 1666. My Friend YOur Presence is now more necessary at London than where you are that you may determine how to dispose of your Estate in Southwark For it is determined by Humane Councel if not frustrated by Divine Power that the Suburbs will shortly be destroyed Your Capacity is large enough to understand Proceed as your Genious shall instruct you Cave Cave Fuge Vale. SAturday the First of September 1666 the Day before the Fire in London came one Urmstraw from Ireland with a Letter from thence to one Esq Holeroft at Eastham in Essex being related to that Family by Marriage where he supped After which he asked the Esquire If he had heard any thing of the Firing of London Who answered No. But Urmstraw said He would shortly for it was or would be so that Night The Esquire answered if it were he hoped it might be quenched again as it had been many a time But Urmstraw answered No it would not be quenched for it should be said of it as of Troy repeating a Latin Verse Nâ—ne Seges est ubi Troja fuit Now Corn grows where Troy-Town stood This Discourse was managed pleasantly by him after which they went to their Beds And in the Morning this Urmstraw enquires earnestly Whether they had heard of the Firing of London that Night They answered No. But he prayed him to send one of the Family out to enquire and doubtless they would hear of it Upon which a Messenger was sent who brought word from a Man that travelled upon the Road that it was on fire indeed After Dinner this Urmstraw desired his Horse to be sadled that he might be gone The Esquire intreats him to stay till next Morning But he answered Therefore I would see London before it be quite burnt for I shall never see it more Sunday Morning the Fire being begun in London a Person coming from Deptford when he came to Barnaby-street end in Southwark hears a Woman cry out against a French-man for throwing Fire-balls he runs after him and lays hold of him He asked him what Commission he had for so doing He answered That his Comission was in his Constancy The People coming in they searched him and found Fire-balls in his Pockets He was delivered to the Guard in Southwark but heard of no more A Citizen being fired out of his House had hired a Lodging in Queen street in Covent Garden and going up Holborn there being a Crowd of People steps in amongst them and hears a Woman say that she had a hand in firing the City The People ask'd her whether she was an Anabaptist She said No. Are you an Independant She said No. Are you a Presbyterian She said No. Are you a Roman Catholick To which she would give no answer The Citizen asked her But Mistress Had you a hand in burning the City She answered What would you have me to say I have confessed it already and do deserve to die for it This she said with great trembling and seemed to be much troubled The Citizen enquired for a Constable The People reply There was one gone for But a Gallant comes and takes her by the Arm and leads her away saying He would have her examined And forthwith another Gallant closeth with him and they both carried her to the Griffin-Tavern in Holbourn The Citizen follows them to see the Result of the Business But they with the Master of the house shut out the Company all but the Citizen supposing him to be one of their own Company but asking one the other concerning him and finding him not of them put him out again Whereupon he goes to the next Company of Souldiers and enquires for their Captain who replyed He was not there but told him Yonder is my L. C. Unto whom the Citizen repaired
and acquainted his Lordship That there was a Woman apprehended and rescued by a couple of Gallants that had confessed she had a hand in burning the City and was at such a Tavern Whereupon the L. C. called to a Captain in the Street and ordered him to go with that Man and apprehend the Woman that he should direct him to Whereupon he goes with the Citizen and takes her with the first Gallant who stood up highly in her defence and carries them both to an Ale-house on the other side of the way The Citizen perceiving that nothing would be done with her leaves his Name with the Captain and where he might be found but was never called for to justifie the Words spoken by her A Woman standing in White-Chappel with a Company about her was ask'd what the matter was She said that she met two young Men in that place and asked them how it was with the Fire They answered 'T is now almost out if it can be kept so but the Rogues renew it with their Fire-balls As saith another Woman Young men if you have a heart to it you may be hired to throw them It was ask'd her What was become of the Woman that spake thus She answered That she had apprehended her and delivered her to the under Beadle of White-Chappel Parish The Woman falling under the Accusation not being able to deny it there being many Witnesses at that time that heard it She was delivered to Sir John Robinson but heard of no more One from France writes to his Correspondent in London to know the truth of what was muttered in Paris Whether London was laid in ashes or no. The Letter being dated a Week before the Fire began From Surrey in or near Darkin a Person in ordinary habit who was yet observed to take place of all the Nobility and Gentry among the Papists seeing the People of Darkin mourn for the burning of the City he spake slightingly of it telling them they should have something else to trouble themselves for and that shortly Darkin should be laid as low as London Whereupon the People made at him and one Tr. H. a great Papist rescues him and sends him away in his Coach to London This was deposed before Sir Adam Brown a Justice of Peace and a Member of Parliament These following Relations for Substance were delivered to Sir Robert Brooks Chair-man of the Committee a little before the Prorogation of the Parliament A true Relation made by one of the Grand Jury at Hick ' s-Hall at a general Quarter-Sessions presently after the Fire in London who was upon Trial of some of those that fired the City THat near West-Smithfield in Chicklane there was a Man taken in the very Act of firing a House by the Inhabitants and Neighbours and carrying him away through Smithfield to have him before a Justice for the Fact committed the King's Life Guard perceiving it made up unto them and demanded their Prisoner from them but they refused to let him go The Life-Guard Men told them That he was one of the King's Servants and said We will have him And thereupon they drew out their Swords and Pistols and rescued him out of the Peoples hands by force of Arms. A Bill of Indictment was brought against him and two or three Witnesses did swear unto it and the Bill was found by the Grand-Jury who did carry it to the Old Baily and presented it to the Lord Chief Justice but it came to no further Trial nor was ever seen after at the Old Baily so far as this Person upon his best Enquiry could ever hear or learn Concerning an House-keeper at So-ho who fired his own Dwelling-house FIrst he secured all his Goods in his Garden and then went in and fired his House which when he had done he endeavoured to get away out at his Fore-door A Neighbour demanded of him Who had fired his House He answered The Devil Upon that his Neighbour bad him stand or he would run his Halbert into his Guts His answer was If you do there are enough left behind me to do the Work Whereupon he was secur'd and a Bill of Indictment brought against him and about three Witnesses did swear to it And his Son came in as Witness against him who was demanded by the Foreman What he could say as to the firing of his Father's House He said That his Father did fire it with a Fire-ball It was demanded of him Whether he did fire it above stairs or below He answered Above stairs The Bill was likewise found but the Petty-jury did not find him guilty A Maid was taken in the Street with two Fire-balls in her Lap Some did demand of her Where she had them She said One of the King's Life-guard threw them into her Lap. She was asked Why she had not caused him to be apprehended She said That she knew not what they were She was indicted for this and the Bill found against her and turned over to the Old Baily but no Prosecution upon it In the time of the Fire a Constable took a French-man firing an house seized on him and going to a Magistrate with him met his R. H. the D. Y. who asked the Reason of the Tumult One told him that a French-man was taken firing a House His H. called for the Man who spake to him in French The D. asked Who would attest it The Constable said I took him in the Act and I will attest it The D. took him into his Custody and said I will secure him But he was heard of no more On Monday the third of September there was a French-man taken firing a house and upon searching of him Fire-balls were found about him At which time four of the Life-Guard rescued the French-man and took him away from the People after their usual manner in the whole time of the Fire One Mr. Belland a French-man living at Maribone who bought great store of Pastboard for a considerable time before the Fire of the City of London to the Quantity of twenty gross in one Shop and much more elsewhere was asked by a Citizen What he did with all that Past-board He answered that he made Fire-works for the King's Pleasure The Citizen asked him What doth the King give you He replyed Nothing only I have respect at Court The Citizen said Take heed Mr. Belland you do not expend your Estate and then lose your Respect at Court for you are at a great Charge Belland answered Sir do you think this a great matter I use all this my self But if you did see all the great quantities I have made elsewhere in three several places three four and five miles off you would say something Another time the Stationer with whom he dealt for the Past-board being at his house in Maribone and wondring at the many Thousands of Fire-works that lay piled up of several sorts he said Sir do you wonder at this If you should see the quantity that I
to which it stands Prorogued until they have sufficiently provided against Popery and Arbitrary Power This Court after some Debate and Consideration had thereupon did return the Petitioners Thanks for their Care and good Intention herein And did thereupon nominate and appoint Sir John Lawrence Sir Robert Clayton Knights and Aldermen Mr. Recorder Sir Thomas Player Kt. Mr. John Du Bois John Ellis Esq and Mr. Michael Godfrey Commoners to withdraw and immediately to prepare a Petition to his Majesty upon the Subject matter of the said Petition who accordingly withdrawing after some time returned again to this Court and then presented the Draught of such a Petition to his Majesty The Tenor whereof followeth Viz. To the King 's most Excellent Majesty c. After reading whereof It is agreed and ordered by this Court Nemine Contradicente That the said Petition shall be presented to his Majesty this Evening or as soon as conveniently may be And the Right Honourable the Lord Mayor is desired to present the same accompanied with Sir John Lawrence Sir Joseph Sheldon Sir James Edwards Knights and Aldermen Mr. Recorder Deputy Hawes Deputy Daâ—â—l John Nichols John Ellis Esquires Mr. Godfrey and Capt. Griffith Commoners who are now nominated and appointed to attend upon his Lordship at the Presenting thereof Ward Mayor Commune Concil ' tent ' 13 Januarii 1680. Annoque Regis Car. II. 32. IT is Agreed and Ordered by this Court Nemine Contradicente That the Humble Petition to His Majesty from this Court now read and agreed upon shall be presented to His Majesty this Evening or as soon as conveniently may be And the Right Honourable the Lord Mayor is desired to Present the same accompanied with Sir John Lawrence Sir Joseph Sheldon and Sir James Edwards Knights and Aldermen Mr. Recorder Deputy Hawes Deputy Daniel John Nichols John Ellis Esquires Mr. Godfrey and Capt. Griffith Commoners who are now nominated and appointed to attend upon his Lordship at the Presenting thereof Wagstaffe To the KING 's most Excellent Majesty The Humble Petition of the Lord Mayor Aldermen and Commons of the City of London in Common-Council Assembled Most Humbly sheweth THat Your Majesty's great Council in Parliament having in their late Session in pursuance of Your Majesty's Direction entred upon a strict and impartial Inquiry into the horrid and execrable Popish Plot which hath been for several years last past and still is carried on for destruction of Your Majesty's Sacred Person and Government and extirpation of the Protestant Religion and the utter Ruine of Your Majesty's Protestant Subjects and having so far proceeded therein as justly to attaint upon full Evidence one of the five Lords impeached for the same and were in further Prosecution of the remaining Four Lords and other Conspirators therein And as well the Lords Spiritual and Temporal as the Commons in Your said Parliament assembled having Declared That they are fully satisfied that there now is and for divers years last past hath been a horrid and Treasonable Plot and Conspiracy contrived and carried on by those of the Pupish Religion in Ireland for Massacring the English and subverting the Protestant Religion and the Ancient established Government of that Kingdom And Your said Commons having Impeached the Earl of Tyrone in order to the bringing him to Justice for the same And having under Examination other Conspirators in the said Irish Plot. And Your said Commons having likewise impeached Sir William Scroggs Chief Justice of Your Majesty's Court of Kings Bench for Treason and other great Crimes and Misdemeanors in endeavouring to subvert the Laws of this Kingdom by his Arbitrary and Illegal proceedings And having voted Impeachments against several other Judges for the like Misdemeanors Your Petitioners considering the continual Hazards to which Your Sacred Life and the Protestant Religion and the Peace of this Kingdom are exposed while the Hopes of a Popish Successor gives Countenance and Encouragement to the Conspiratours in their wicked Designs And considering also the Disquiet and Dreadful Apprehensions of Your good Subjects by reason of the Miseries and Mischiefs which threaten them on all parts as well from Foreign Powers as from the Conspiracies within Your several Kingdoms against which no sufficient Remedy can be provided but by Your Majesty and Your Parliament were extreamly surprized at the late Prorogation whereby the Prosecution of the Publick Justice of the Kingdom and the making the Provisions necessary for the Preservation of Your Majesty and Your Protestant Subjects hath received an interruption And they are the more affected herewith by reason of the Experience they have had of the great Progress which the emboldned Conspirators have formerly made in their Designs during the late frequent Recesses of Parliament But that which supports them against Dispair is the Hopes they derive from Your Majesty's Goodness That Your Intention was and does continue by this Prorogation to make way for Your better Concurrence with the Counsels of Your Parliament And Your Petitioners humbly hope That Your Majesty will not take Offence that your Subjects are thus Zealous and even impatient of the least Delay of the long hoped for Security whilst they see your precious Life invaded the true Religion undermined their Families and innocent Posterity likely to be subjected to Blood Confusion and Ruine and all these Dangers encreased by reason of the late Endeavours of Your Majesty and Your Parliament which have added Provocation to the Conspirators but have had little or no Effect towards securing against them And they trust Your Majesty will graciously accept this Discovery and Desire of their Loyal Hearts to preserve Your Majesty and whatever else is dear to them and to strengthen Your Majesty against all Popish and Pernicious Counsels which any ill affected Persons may persume to offer They do therefore most humbly Pray That Your Majesty will be graciously pleased as the only means to quiet the Minds and extinguish the Fears of Your Protestant People and prevent the imminent Dangers which threaten Your Majesty's Kingdoms and particularly this Your Great City which hath already so deeply suffered for the same to permit Your said Parliament to Sit from the Day to which they are Prorogued untill by their Counsels and Endeavours those good Remedies shall be provided and those just Ends attained upon which the Safety of Your Majesty's Person the preservation of the Protestant Religion the Peace and Settlement of Your Kingdoms and the Welfare of this Your Ancient City do so absolutely depend For the pursuing and obtaining of which good Effects Your Petitioners unanimously do offer their Lives and Estates And shall ever Pray c. Vox Patriae Or the Resentments and Indignation of the Free-born Subjects of England against Popery Arbitrary Government the Duke of York or any Popish Successor being a true Collection of the Petitions and Addresses lately made from divers Counties Cities and Boroughs of this Realm to their respective Representatives chosen to serve in the Parliament
against the Incroachments of Arbitrary Power In pursuance of which Great and Good Ends we shall always be ready as we are obliged to adhere to you our Honoured Representatives with the utmost hazard of our Persons and Estates City of Chichester the same Day After the Unanimous Choice of John Braman and Richard Farington Esquires who serv'd for that City in the late Parliament they had the Sence of that Eminent City delivered to them by a Worthy Person in the Name and by the Consent of the rest in the following Speech Gentlemen THe Faithful discharge of the like high Trust we formerly gave you is the true Inducement of our chusing you again And as we heartily thank you for your past worthy Behaviour in Parliament and in a particular manner for your being for the Bill of Exclusion for the Bill of Uniting all His Majesty's Subjects for Vindicating our almost lost Right of Petitioning for frequent Parliaments and for your endeavour to call those wretched Pensioners to an Account that betray'd the Nation in the late Long Parliament So we pray you to persevere in your faithful Service of us until the Nation be throughly secured against Popery and Arbitrary Power And since that Famous and Renowned Bulwark of the Protestant Religion the ever-to-be-honoured City of London have commanded their Sheriffs to present their Thanks to the true English and Noble Earl of Essex and by him to the rest of those Right Honourable Peers for their late Excellent Petition and Advice to His Majesty so we being willing to imitate so Good and Great an Example do desire you in our names to present in like manner our humble and hearty Thanks to the said Earl and those Noble Lords Borough of Colchester February 15. 1680 1. After the Election made a great Number of the Free-Burgesses of this Corporation agreed upon the following Address to be presented to their Representatives To the Honourable Sir Harbottle Grimston Baronet and Samuel Reynolds Esq now chosen Burgesses for our Corporation of Cochester in the County of Essex WE the Free-Burgesses of the said Corporation being deeply sensible of the unspeakable danger threatning His Majesty's Life and the Protestant Religion and the well established Government of this Kingdom from the Hellish Designs of the Papists and their wicked Adherents And that our Religion and Liberties can only under God be secured to us and our Posterity by wholsome Advice in Parliament Have now chosen you to represent us there in confidence of your Integrity and Courage to discharge so great a Trust in this time of Imminent Danger And we do desire you to allow us to speak our stedfast Resolution with utmost hazard of our Lives and Fortunes to shew our Approbation of what shall be resolved in Parliament for maintaining the Protestant Religion and our Liberties against Popery and Arbitrary Government And we hope you will endeavour to the utmost of your Power to disable James Duke of York and all other Popish Pretenders from Inheriting the Imperial Crown of this Realm And we shall pray for your good success Here we cannot but inform the Reader That the Notorious Thompson in his Popish Intelligence of the 15th of March would insinuate as if there were no such Address by Printing a Story That the Mayor Aldermen and some others of this Town being Assembled on February 28. 1680 1. A Printed Paper purporting to be the manner of the Election and containing also an Address made to the Members c. was read amongst them and that none of the Assembly would own his Consenting to or making that Paper or Address Touching which it must be Noted 1. That the Mayor and several of these Gentlemen were disobliged by being Out-Voted and much offended because they could not carry it for their Friend Sir Walter Clarges and so had no Reason to Address to the Members duly and fairly Elected because they had vigorously appeared for a contrary Party 2. That there are in that Pamphlet in relating the manner of the Election some galling Truths or if you please Reflections which possibly had better been spared and therefore no wise man would own the making it But for the Address it self 't is certain That it was agreed upon consented unto and will be Justified by the far greater part of the Electors of this Antient and Eminently Loyal Borough of which 't was thought fit here to give this brief Account for obviating any slanderous Objection that might be made on that occasion The Address of the Gentlemen and Free-holders of Bedford To the Right Honourable the Lord Russel and Sir Humphrey Munnox Elected Knights for that Shire on the 14th of February 1680 1. WHen it pleased His Majesty to summon His Peers and Commons of this His Realm to meet Him at Westminster in the last Parliament we accordingly then Chose You to Act on our behalf And being abundantly satisfied not only in Your Courage Integrity and Prudence in general but also in Your particular Care and faithful conscientious Endeavours 1. To assert our Right of Legal Petitioning for Redress of our just Grievances and to punish those who were studious to betray it 2. To secure the Meeting and Sitting of frequent Parliaments already by Law provided for for the preservation of our Lives Liberties and Estates and for the support of His Sacred Majesty and even of the Government it self 3. To Repeal the Act of the 35th of Elizabeth whereby all true Protestants might possibly in case of a Popish Successor from which God of his infinite Mercy defend us be liable to utter Ruine Abjuration and perpetual Banishment .4 To secure his Majesty's Royal Person the Protestant Religion and well Established Government of this Realm 5. To destroy and root out Popery 6. To use the most effectual means conducing to so good an End viz. The Exclusion of a a Popish Successor both by name and otherwise We have therefore now chosen you again to represent us in like manner in this Parliament called to be held at Oxford in full Trust and Confidence that with the same Courage and Integrity you will persevere in the same good Endeavours pursuing all things that by joynt consent of your Fellow-Members shall be found for our publick Good and Safety And in full assurance that you will not consent to the disposal of any of our Moneys till we are effectually secured against Popery and Arbitrary Power do resolve by Divine Assistance to stand by you therein The Address of the Gentry and Free-holders of the County of Suffolk to their Representatives Chosen the 14th of February 1680 1. presented to them by Sir Philip Skippon in the name and by consent of the rest of the Electors To the Honourable Sir Sam. Barnardiston and Sir Will. Spring Baronets Knights of the Shire for the County of Suffolk Gentlemen WE the Free-holders of this County having chosen you our Representatives in the last Parliament in which we had satisfactory Demonstration of your
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
Community 4. It will be some Acknowledgment to the Prince for what he has done for the Nation And it is worthy Observation that before the Theocracy of the Jews ceased the manner of the Divine Designation of their Judges was by God's giving the People some Deliverance by the hand of the Person to whose Government they ought to submit and this even in that time of extraordinary Revelations Thus Othniel Gideon Jephthah Sampson and others were invested by Heaven with the Supreme Authority And though Joshua had an immediate Command from God to succeed Moses and an Anointing to that purpose by the laying on of Moses's Hands Yet the Foundation of the People's Submission to him was laid in Jordan And I challenge the best Historians to give an Instance since that Theocracy ceased of a Designation of any Person to any Government more visibly Divine than that which we now admire If the Hand of Providence miraculously and timely disposing Natural Things in every Circumstance to the best advantage should have any influence upon Mens Minds most certainly we ought not here to be insensible If the Voice of the People be the Voice of God it never spoke louder If a Nation of various Opinions Interests and Factions from a turbulent and fluctuating State falls into a serene and quiet Calm and Mens Minds are strangely united on a sudden it shews from whence they are influenced In a word if the Hand of God is to be seen in Human Affairs and his Voice to be heard upon Earth we cannot any where since the ceasing of Miracles find a clearer and more remarkable Instance than is to be observ'd in the present Revolution If one examines the Posture of Foreign Affairs making way for the Prince's Expedition by some sudden Events and Occurrences which no Human Wisdom or Power could have brought about if one observes that Divine Influence which has directed all his Counsels and crown'd his Undertakings notwithstanding such innumerable Dangers and Difficulties with constant Honour and Success If one considers how happily and wonderfully both Persons and Things are changed in a little time and without Blood it looks like so many marks of God's Favour by which he thinks fit to point him out to us in this extraordinary Conjuncture I will trouble you but with one Consideration more which is That the two things most necessary in this Affair are Unanimity and Dispatch For without both these your Counsels will have little Effect In most things 't is good to be long in resolving but in some 't is fatal not to conclude immediately And presence of Mind is as great a Vertue as Rashness is a Vice For the turns of Fortune are sometimes so quick that if Advantage be not taken in the critical hour 't is for ever lost But I hope your Lordships and all those Gentlemen who compose this August Assembly will proceed with so much Zeal and Harmony that the Result of your present Consultations may be a lasting and grateful Monument to Posterity of your Integrity Courage and Conduct The Late Honourable Convention proved a Legal Parliament I. THE necessity of a Parliament agreed by the Lords and Commons Voting that the Throne is Vacant for there being a Vacancy there follows an immediate necessity of setling the Government especially the Writs being destroyed and the Great Seal carried away put a period to all publick Justice and then there must be a supply by such means as the necessity requires or a failure of Government II. Consider the Antecedents to the calling the Convention that is about three hundred of the Commons which is a majority of the fullest House that can be made above sixty Lords being a greater number than any part divided amounted to at this great Meeting the Lord Mayor Aldermen and Common Council of the City of London by application to His then Highness the Prince of Orange desired him to accept of the Administration of Publick Affairs Military and Civil which he was pleased to do to the great satisfaction of all good People and after that His Highness was desired to Issue forth his Circular Letters to the Lords and the like to the Coroners and in their absence to the Clerks of the Peace to Elect Knights Citizens and Burgesses this was more than was done in fifty nine for the calling a Parliament in April 1660. for there the Summons was not real but fictitious i. e. in the names of the Keepers of the Liberties of England a meer Notion set up as a Form there being no such Persons but a meer Ens rationis impossible really to exist so that here was much more done than in 1659 and all really done which was possible to be invented as the Affairs then stood Besides King Charles the 2d. had not abdicated the Kingdom but was willing to return and was at Breda whither they might have sent for Writs and in the mean time have kept their form of Keepers of the Liberties c. But in the present case there was no King in being nor any style or form of Government neither real or notional left so that in all these respects more was done before and at the calling of this Great Convention than for calling that Parliament for so I must call it yet that Parliament made several Acts in all thirty seven as appears by Keebles Statutes and several of them not confirmed I shall instance but in one but it is one which there was occasion to use in every County of England I mean the Act for Confirming and Restoring Ministers being the 17th of that Sessions all the Judges allowed of this as an Act of Parliament tho never confirmed which is a stronger case than that in question for there was only fictitious Summons here a real one III. That without the Consent of any Body of the People this at the Request of a Majority of the Lords more than half the number of the Commons duly chosen in King Ch. the 2d. time besides the great Body of the City of London being at least esteem'd a 5th part of the Kingdom yet after the King's Return he was so well satisfied with the calling of that Parliament that it was Enacted by the King Lords and Commons Assembled in Parliament that the Lords and Commons then Sitting at Westmiuster in the present Parliament were the two Houses of Parliament notwithstanding any want of the Kings Writs or Writ of Summons or any defect whatsoever and as if the King had been present at the beginning of the Parliament this I take to be a full Judgment in full Parliament of the case in question and much stronger than the present case is and this Parliament continued till the 29th of December next following and made in all thirty seven Acts as abovementioned The 13 Caroli 2. chap. 7. a full Parliament called by the Kings Writ recites the other of 12 Caroli 2. and that after his Majesties return they were continued till the 29th of December
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
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
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
houses in Holborn at the same time That he was at the Fire in the Temple but was not engaged to do any thing in it And said that Gyfford told him that there were English French and Irish Roman Catholicks enough in London to make a very good Army and that the King of France was coming with 60000 Men under pretence to shew the Dauphin his Dominions but it was to lay his Men at Deep Bulloign Callis and Dunkirk to be in an hours Warning to be Landed in England and he doubted not but it would be by the middle of June and by that time all the Catholicks here will be in readiness all were to rise in order to bring him in That the Papists here were to be distinguished by Marks in their Hatts that the said Father Gyfford doubted not but he should be an Abbot or a Bishop when the work was over for the good service he hath done That at their Meeting Father Gyfford used to tell them it was no more sin to kill a Heretick then a Dog and that they did God good Service in doing what Mischiefs they could by firing their houses That it was well Sir Edmondbury Godfrey was Murdered for he was their Devilish Enemy That Coleman was a Saint in Heaven for what he had done And saith he is fearful he shall be Murthered for this Confession Father Gyfford having sworn him to Secresie and told him he should be Damned if he made any Discovery and should be sure to be killed and that he should take the Oaths because he was a House-keeper and that it was no sin And saith That Gyfford and Roger _____ told him when their Forces meet about the middle of June then have at the VOTES and ADDRESSES Of the Honourable House of Commons ASSEMBLED IN PARLIAMENT Made this present Year 1673 Concerning Popery and other Grievances March 29. 1673. The Parliaments Address to his Majesty for the Removal of Grievances in England and Ireland WE your Majesties most Loyal Subjects the Commons in this present Parliament assembled conceiving our selves bound in necessary Duty to your Majesty and in Discharge of the Trust reposed in us truly to inform your Majesty of the Estate of your Kingdom And though we are abundantly satisfied that it hath been your Royal Will and Pleasure that your Subjects should be governed according to the Laws and Customs of this Realm yet finding that contrary to your Majesties gracious Intention some Grievances and Abuses are crept in We crave Leave humbly to represent them to your Majesties Knowledge and Desire 1. That the Imposition of 12 d. per Chaldron upon Coals for the providing of Convoys by Vertue of an Order from Council dated the 15th of May 1672 may be recalled and all Bonds taken by Virtue thereof cancelled 2. That your Majesties Proclamation of the 24th of December 1672 for preventing of Disorders which may be committed by Soldiers and whereby the Soldiers now in your Majesties Service are in a manner exempted from the ordinary Course of Justice may likewise be recalled 3. And whereas great Complaints have been made out of several parts of this Kingdom of divers Abuses committed in Quartering of Soldiers That your Majesty would be pleased to give Order to redress those Abuses and in particular that no Soldiers be hereafter Quartered in any private Houses and that due Satisfaction may be given to the Inn-keepers or Victuallers where they lye before they remove 4. And since the continuance of Soldiers in this Nation will necessarily produce many Inconveniences to your Majesties Subjects We do humbly present it as our Petition and Advice That when this present War is ended all your Souldiers which have been raised since the last Session of Parliament may be Disbanded 5. That your Majesty would be likewise pleased to consider of the Irregularities and Abuses in pressing Soldiers and to give Order for the Prevention thereof for the future 6. And although it hath been the Course of former Parliaments to desire Redress in their Grievances before they proceeded to give a Supply yet we have so full Assurance of your Majesties Tenderness and Compassion towards your People that we humbly prostrate our selves at your Majesties feet with these our Petitions desiring your Majesty to take them into your Princely Consideration and to give such Orders for the Relief of your Subjects and the Removing these Pressures as shall seem lest to your Roâ—al Wisdâ—m Address touching Ireland WE your Majesties most Loyal Subjects the Commons in this present Parliament assembled taking into Consideration the great Calamities which have formerly befallen your Majesties Subjects of the Kingdom of Ireland from the Popish Recusants there who for the most part are profest Enemies to the Protestant Religion and the English Interest and how they make use of your Majesties gracious Disposition and Clemency are at this time grown more insolent and presumptuous than formerly to the apparent Danger of that Kingdom and your Majesties Protestant Subjects there the Consequence whereof may likewise prove very fatal to this your Majesties Kingdom of England if not timely prevented And having seriously weighed what Remedies may be most properly applied to those growing Distempers do in all Humility present your Majesty with these our Petitions 1. That for the Establishment and Quieting the Possessions of your Majesties Subjects in that Kingdom your Majesty would be pleased to maintain the Act of Settlement and Explanatory Act thereupon and to recall the Commission of Enquiry into Irish Affairs bearing Date the 17th of January last as containing many new and extraordinary Powers not only to the Frejudice of particular Persons whose Estates and Titles are thereby made liable to be questioned but in a manner to the Overthrow of the Acts of Settlement And if pursâ—â—d may be the Occasion of great Charge and Attendance to many of your Subjects in Ireland and shake the Peace and Security of the whole 2. That your Majesty would give Order that no Papist be either continued or hereafter admitted to be Judges Justices of the Peace Sheriffs Coroners or Mayors Sovereigns or Portrieves in that Kingdom 3. That the Titular Popish Archbishops Bishops Vicars-General Ablâ—â—s and all other exercising Ecclesiastical Jurisdiction by the Popes Authority and in particular Peter Talbot pretended Archbishop of Dublin for his notorious Disloyalty to your Majesty and Disobedience and Contempt of your Laws may be commanded by Proclamation forthwith to depart out of Ireland and all other your Majesties Dominions or otherwise to be prosecuted according to Law And that all Convents Seminaties and Publick Popish Scholes may be dissolved and suppressed and the Secular Priests commanded to depart under the Penalty 4 That no Irish Papist be admitted to inhabit in any part of that Kingdom unless duly licensed according to the aforesaid Acts of Settlemenâ— and that your Majesty would be pleased to recall your Letters of the 26th of February 1671. And the Proclamation thereupon whereby general Licence is
be grantable against the Commissioners upon the Statute of 2 H. 5. if they do not deliver the Copy of the Libel to the Party Whereto they all answered That that Statute is intended where the Ecclesiastical Judge proceeds ex Officio ore tenus Thirdly Whether it were an Offence punishable and what Punishment they deserved who framed Petitions and collected a multitude of hands thereto to prefer to the King in a publick cause as the Puritans had done with an intimation to the King That if he denied their Sute many thousands of his Subjects would be discontented Whereto all the Justices answered That it was an Offence finable at Discretion and very near to Treason and Felony in the Punishment For they tended to the raising of Sedition Rebellion and Discontent among the People To which Resolution all the Lords agreed And then many of the Lords declared That some of the Puritans had raised a false Rumor of the King how he intended to grant a Toleration to Papists Which Offence the Justices conceived to be heinously finable by the Rules of the Common Law either in the Kings Bench or by the King and his Councel or now since the Statute of 3 H. 7. in the Star-Chamber And the Lords severally declared how the King was discontented with the said false Rumor and had made but the Day before a Protestation unto them that he never intended it and that he would spend the last drop of Bloud in his Body before he would do it and prayed that before any of his Issue should maintain any other Religion than what he truly professed and maintained that God would take them out of the World I doubt not but yourself and every English Protestant will joyn with this Royal Petitioner and will heartily say Amen But you desire to know if I think the Resolution of the Judges in this case ought to deter us from humbly Petitioning his Majesty that this Parliament may effectually sit on the 26th day of January next In order to this give me leave to observe to you As it is most certain that a great Reverence is due to the Unanimous Opinion of all the Judges so there is a great difference to be put between the Authority of their Judgments when solemnly given in Cases depending before them and their sudden and extrajudicial Opinions The Case of Ship-money it self is not a better proof of this than that which you have now read as you will now see if you consider distinctly what they say to the several Questions proposed to them As to their Answer to the first Question it much concerns the Reverend Clergy to enquire whither they did not mistake in it And whether the King by his Proclamation can make new constitutions and oblige them to obedience under the Penalty of Deprivation Should it be so and should this unhappy Kingdom ever suffer under the Reign of a Popish Prince he might easily rid himself of such obstinate Hereticks and leave his Ecclesiastical Preferments open for Men of better Principles He will need only to publish a Proclamation that Spittle and Salt should be used in Baptism that Holy-water should be used and Images set up in Churches and a few more such things as these and the Business were effectually done But if you will believe my Lord Chief Justice Cook 12. Co. 19. 12. Co. 49. he will tell you that it was agreed by all the Judges upon Debate Hill 4to Jacobi that the King cannot change his Ecclesiastical Law and you may easily remember since the whole Parliament declared That he could not alter or suspend them I have the uniform Opinion of all the Judges given upon great Deliberation Co. Mag. Char. 616. Mich. 4to Jac. to justifie me if I say that our Judges here were utterly mistaken in the Answer which they gave to the second Question I will not cite the numerous subsequent Authorities since every man knows that it is the constant practice of Westminster-Hall at this Day to grant Prohibitions upon refusal to give a Copy of Articles where the Proceedings in the Ecclesiastical Courts are ex Officio You see there was a kind of ill Fate upon the Judges this day as usually there was when met in the Star-chamber and that they were very unfortunate in answering two of the three Questions proposed to them let us go on to consider what does principally concern us at present their Answer to the last Question You have just done reading it and therefore I need not repeat to you either the Doubt or the Solution of it but one may be allowed to say modestly that it was a sudden Answer 'T is possible the Lords then present were well enough inform'd when they were told that such kind of Petitioning was an Offence next to Treason and Felony but I dare be so bold as to say That at this Day not a Lawyer in England would be the wiser for such an Answer they would be confounded and not know whether it were Misprision of Treason which seems an Offence nearest to Treason or Petty-larceny which seems nearest to Felony You will be apt to tell me that I mistake my Lords the Judges and they spoke not of the nature of the crime but the manner of the Punishment but this will mend the matter but little for since the Punishments of those two Crimes are so very different you are still as much in the dark as ever what these ambiguous words mean Well but we will agree that the Crime about which the Enquiry was made was a very great one When Men arrive to such Insolence as to threaten their Prince it will be but little excuse to them to call their Menaces by the soft and gentle Name of Petitions But you would know for what and in what manner we are at present to Petition 13 Car. 2. c. 5 and I will give you a plain and infallible Rule It is the Statute 13 Car. 2. c. 5. Be it enacted c. that no person or persons whatsoever shall solicite labour or procure the getting of hands or other consent of any persons above the number of twenty or more to any Petition Complaint Remonstance Declaration or other Addresses to the King or both or either Houses of Parliament for alteration of matters established by Law in Church or State unless the matter thereof have been first consented to and ordered by three or more Justices of the County or by the major part of the Grand Jury of the County or Division of the County where the same matter shall arise at their publick Assizes or General Quarter-Sessions or if arising in London by the Lord Mayor Aldermen and Commons in Common Council assembled and that no person or persons whatsoever shall repair to His Majesty or both or either of the Houses of Parliament upon Pretence of presenting or delivering any Petition Complaint Remonstrance or Declaration or other Addresses accompanied with excessive Number of People not at
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
to have been perverted from the Protestant to the Popish Religion whereby not only great Encouragement hath been given to the Popish Party to enter into and carry on most Devilish and Horrid Plots and Conspiracies for the Destruction of His Majesties Sacred Person and Government and for the Extirpation of the True Protestant Religon But also if the said Duke should succeed to the Imperial Crown of this Realm nothing is more manifest than that a Total Change of Religion within these Kingdoms would ensue For the Preservation whereof Be it Enacted by the King 's Most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That the said James Duke of York shall be and is by the Authority of this present Parliament Excluded and made for ever uncapable to Inherit Possess or Enjoy the Imperial Crown of this Realm and of the Kingdoms of Ireland and the Dominions and Territories to them or either of them belonging or to have exercise or enjoy any Dominion Power Jurisdiction or Authority in the same Kingdoms Dominions or any of them And be it further Enacted by the Authority aforesaid That if the said James Duke of York shall at any time hereafter challenge claim or attempt to possess or enjoy or shall take upon him to use or exercise any Dominion Power or Authority or Jurisdiction within the said Kingdoms or Dominions or any of them as King or Chief Magistrate of the same That then he the said James Duke of York for every such Offence shall be deemed and adjudged guilty of High Treason and shall suffer the Pains Penalties and Forfeitures as in case of High Treason And further That if any Person or Persons whatever shall assist or maintain abett or willingly adhere unto the said James Duke of York in such challenge claim or attempt or shall of themselves attempt or endeavour to put or bring the said James Duke of York into the Possession or Exercise of any Regal Power Jurisdiction or Authority within the Kingdoms and Dominions aforesaid or shall by Writing or Preaching advisedly publish maintain or declare That he hath any Right Title or Authority to the Office of King or Chief Magistrate of the Kingdoms and Dominions aforesaid that then every such Person shall be deemed and adjudged guilty of High Treason and that he suffer and undergo the Pains Penalties and Forfeitures aforesaid And be it further Enacted by the Authority aforesaid That he the said James Duke of York shall not at any time from and after the Fifth of November 1680 return or come into or within any of the Kingdoms or Dominions aforesaid And then he the said James Duke of York shall be deemed and adjudged guilty of High Treason and shall suffer the Pains Penalties and Forfeitures as in case of High Treason And further That if any Person or Persons whatsoever shall be aiding or assisting unto such Return of the said James Duke of York That then every such Person shall be deemed and adjudged guilty of High Treason and shall suffer as in Cases of High Treason And be it further Enacted by the Authority aforesaid That he the said James Duke of York or any other Person being guilty of any of the Treasons aforesaid shall not be capable of or receive Benefit by any Pardon otherwise than by Act of Parliament wherein they shall be particularly named and that no Nole prosequi or Order for stay of Proceedings shall be received or allowed in or upon any Indictment for any of the Offences mentioned in this Act. And be it further Enacted and Declared And it is hereby Enacted and Declared That it shall and may be lawful to and for any Magistrates Officers and other Subjects whatsoever of these Kingdoms and Dominions aforesaid and they are hereby enjoyned and required to apprehend and secure the said James Duke of York and every other Person offending in any of the Premisses and with him or them in case of Resistance to fight and him or them by Force to subdue For all which Actings and for so doing they are and shall be by virtue of this Act saved harmless and indemnified Provided and it is hereby Declared That nothing in this Act contained shall be construed deemed or adjudged to disenable any other Person from inheriting and enjoying the Imperial Crown of the Realms and Dominions aforesaid other than the said James Duke of York But that in case the said James Duke of York should survive his now Majesty and the Heirs of his Majesty's Body The said Imperial Crown shall descend to and be enjoyed by such Person or Person successarily during the Life of the said James Duke of York as should have inherited and enjoyed the same in case the said James Duke of York were naturally dead any thing contained in this Act to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That during the Life of the said James Duke of York this Act shall be given in charge at every Assizes and General Sessions of the Peace within the Kingdoms Dominions and Territories aforesaid and also shall be openly Read in every Cathedral Church and Parish Church and Chappels within the aforesaid Kingdoms Dominions and Territories by the several respective Parsons Vicars Curates and Readers thereof who are hereby required immediately after Divine Service in the Fore-noon to read the same twice in every year that is to say on the 25th of December and upon Easter-day during the Life of the said James Duke of York This BILL was Read Three Times and Passed and sent up to the Lords for their Concurrence Some particular Matters of Fact relating to the Administration of Affairs in Scotland under the Duke of LAUDERDALE Humbly offered to Your Majesty's Consideration in Obedience to Your Royal Commands 1. THE Duke of Lauderdale did grosly misrepresent to your Majesty the Condition of the Western Countries as if they had been in a state of Rebellion though there had never been any opposition made to your Majesty's Authority nor any Resistance offered to your Forces nor to the execution of the Laws But he purposing to abuse your Majesty that so he might carry on his sinistrous Designs by your Authority advised your Majesty to raise an Army against your peaceable Subjects at least did frame a Letter which he sent to your Majesty to be signed by your Royal Hand to that effect which being sent down to your Council Orders was thereupon given out for raising an Army of Eight or Nine thousand men the greatest part whereof were Highblanders and notwithstanding that to avert threatning the Nobility and Gentry of that Country did send to Edenburgh and for the security of the Peace did offer to engage that whatsoever should be sent to put the Laws in execution should meet with no affront and that they would become Hostages for their safety yet
Parliament at a time when the Commons had taken great pains about and were prepared for those Tryals And by the like pernicious Councels of those who advised the many and long Prorogations of the present Parliament before the same was permitted to sit whereby some of the Evidence which was prepared in the last Parliament may possibly during so long an Interval be forgotten or lost and some Persons who might probably have come in as Witnesses are either dead have been taken off or may have been discouraged from giving their Evidence But of one mischievous Consequence of those dangerous and unhappy Councels we are certainly and sadly sensible namely That the Testimony of a material Witness against every of those Five Lords and who could probably have discovered and brought in much other Evidence about the Plot in general and those Lords in particular cannot now be given vivâ voce Forasmuch as that Witness is unfortunately dead between the Calling and the Sitting of this Parliament To prevent the like or greater Inconveniences for the future We make it our most humble Request to Your Excellent Majesty that as You tender the Safety of Your Royal Person the Security of Your Loyal Subjects and the Preservation of the True Protestant Religion You will not suffer your Self to be prevailed upon by the like Councels to do any thing which may occasion in consequence though we are assured never with Your Majesties Intention either the deferring of a full and perfect Discovery and Examination of this most wicked and detestable Plot or the preventing the Conspirators therein from being brought to speedy and exemplary Justice and Punishment And we humbly beseech your Majesty to rest assured notwithstanding any Suggestions which may be made by persons who for their own wicked purposes contrive to create a distrust in your Majesty of Your People That nothing is more in the Desires and shall be more the Endeavours of us Your faithful and loyal Commons than the promoting and advancing of your Majesties true Happiness and Greatness The Address of the Commons in Parliament to his Majesty to remove Sir George Jeffreys out of all Publick Offices WE your Majesties most Dutiful and Loyal Subjects the Commons in Parliament assembled having received a Complaint against Sir George Jeffreys Knight your Majesties Chief Justice of Chester and heard the Evidence concerning the same and also what he did alledge and prove in his Defence And being thereupon fully satisfied that the said Sir George Jeffreys well knowing that many of your Loyal Protestant Subjects and particularly those of your Great and Famous City of London out of Zeal for the Preservation of the Protestant Religion your Majesties Royal Person and Government and in hopes to bring the Popish Conspirators to speedy Justice were about to Petition to your Majesty in an Humble Dutiful and Legal way for the Sitting of this Parliament the said Sir George Jeffreys not regarding his Duty to your Majesty or the welfare of your People did on purpose to serve his own private Ends and to create a Mis-understanding between your Majesty and your Good Subjects though disguised with pretence of Service to your Majesty maliciously declared such Petitioning sometimes to be Tumultuous Seditious and Illegal and at other times did presume publickly to insinuate and assert as if your Majesty would deprive your Citizens of London of their Charters and divers other Priviledges Immunities and Advantages and also of your Royal Favour in case they should so Petition and also did publickly declare that in case they should so Petition there should not be any Meeting or Sitting of Parliament thereby traducing your Majesty as if you would not pursue your Gracious Intentions the rather because they were grateful to your good Subjects do in most humble manner beseech your Majesty to remove the said Sir George Jeffreys out of the said Place of Cheif Justice of Chester and out of all other Publick Offices and Employments under your Majesty His Majesty by Mr. Secretary Jenkins was pleased to return Answer to this Address That he would consider of it His Majesties Message to the Commons in Parliament Relating to Tangier CHARLES REX HIs Majesty did in His Speech at the opening of this Session desire the Advice and Assistance of His Parliament in relation to Tangier The Condition and Importance of the Place obliges His Majesty to put this House in mind again that He relies upon them for the support of it without which it cannot be much longer Preserved His Majesty does therefore very earnestly Recommend Tangier again to the due and speedy Consideration and Care of this House The Humble Address of the Commons in Parliament assembled Presented to His Majesty Monday 29th day of November 1680. in Answer to that Message May it please your Most Excellent Majesty WE Your Majesties most Obedient and Loyal Subjects The Commons in Parliament Assembled having with all Duty and Regard taken into our serious Consideration Your Majesties late Massage relation to Tangier cannot but account the present Condition of it as Your Majesty is Pleased to represent in Your said Message after so vast a Treasure expended to make it Useful not only as one Infelicity more added to the afflicted Estate of Your Majesties Faithful and Loyal Subjects but as one result also of the same Councels and Designs which have brought Your Majesties Person Crown and Kingdoms into those great and imminent Dangers with which at this day they are surrounded And we are the less surprised to hear of the Exigencies of Tangier when we remember that since it became a part of Your Majesties Dominions it hath several times been under the Command of Popish Governours particularly for some time under the Command of a Lord Impeached and now Prisoner in the Tower for the Execrable and Horrid Popish Plot That the Supplies sent thither have been in great part made up of Popish Officers and Soldiers and that the Irish Papists amongst the Soldiers of that Garrison have been the Persons most Countenanced and Encouraged To that part of your Majesties Message which expresses a reliance upon this House for the support of Tangier and a recommendation of it to our speedy care We do with all humility and reverence give this Answer That although in due Time and Order we shall omit nothing incumbent on Us for the preservation of every part of your Majesties Dominions and advancing the prosperity and flourishing Estate of this your Kingdom yet at this time when a Cloud which has long threatned this Land is ready to break upon our heads in a storm of Ruine and Confusion to enter into any further consideration of this matter especially to come to any resolutions in it before we are effectually secured from the imminent and apparent Dangers arising from the Power of Popish Persons and Councils We humbly conceive will not consist either with our Duty to your Majesty or the Trust reposed in Us by those we represent It is
rest shelter themselves the Grand Jury were in an unheard of and unpresidented and illegal manner discharged and that with so much haste and fear lest they should finish that Presentment that they were prevented from delivering many other Indictments by them at that time found against other Popish Recusants Because a Pamphlet came forth Weekly called The Weekly Pacquet of Advice from Rome which exposes Popery as it deserves as ridiculous to the People a new and arbitrary Rule of Court was made in your Majesty's Court of King's Bench rather like a Star-Chamber than a Court of Law That the same should not for the future be Printed by any Person whatsoever We acknowledge your Majesty's Grace and Care in issuing forth divers Proclamations since the Discovery of the Plot for the banishing Papists from about this great City and Residence of your Majesty's Court and the Parliament but with trouble of Mind we do humbly inform your Majesty That notwithstanding all these Prohibitions great Numbers of them and of the most dangerous Sort to the Terrour of your Majesty's Protestant Subjects do daily resort hither and abide here Under these and other sad Effects and Evidences of the Prevalency of Popery and its Adherents We Your Majesty's Faithful Commons found this your Majesty's distressed Kingdom and other parts of your Dominions labouring when we assembled And therefore from our Allegiance to your Majesty our Zeal to our Religion our Faithfulness to our Country and our Care of Posterity We have lately upon mature deliberation proposed one Remedy of these Great Evils without which in our Judgments all others will prove vain and fruitless and like all deceitful Securities against certain Dangers will rather expose your Majesty's Person to the greatest hazard and the people together with all that 's valuable to them as Men or Christians to utter Ruine and Destruction We have taken this Occasion of an Access to your Majesty's Royal Presence humbly to lay before your Majesty's great Judgment and Gracious Consideration this most dreadful design of introducing Popery and as necessary consequences of it all other Calamities into your Majesty's Kingdoms And if after all this the private Suggestions of the subtle Accomplices of that Party and Design should yet prevail either to elude or totally obstruct the faithful Endeavours of Us your Commons for an Happy Settlement of this Kingdom We shall have this remaining Comfort That we have freed our selves from the Guilt of that Blood and Desolation which is like to ensue But our only Hope next under God is in your Sacred Majesty That by your Great Wisdom and Goodness we may be effectually secured from Popery and all the Evils that attend it and that none but persons of known Fidelity to your Majesty and Sincere Affections to the Protestant Religion may be put into any Employment Civil or Military that whilst we shall give a Supply to Tangier we may be assured we do not augment the Strength of our Popish Adversaries nor encrease our own Dangers Which Desires of your faithful Commons if your Majesty shall graciously vouchsafe to grant We shall not only be ready to assist your Majesty in Defence of Tangier but do whatsoever else shall be in our Power to enable your Majesty to protect the Protestant Religion and Interest at Home and abroad and to Resist and Repel the Attempts of your Majesty's and the Kingdoms Enemies The Humble Address of the House of Commons presented to His Majesty upon Tuesday the 21. Day of December 1680. In Answer to His Majesty's Gracious Speech to both Houses of Parliament upon the 15th Day of the same December May it please Your most Excellent Majesty WE your Majesty's most Dutiful and Loyal Subjects the Commons in this present Parliament Assembled have taken into our serious Consideration your Majesty's Gracious Speech to both your Houses of Parliament on the 15th of this instant December and do with all the grateful Sense of Faithful Subjects and sincere Protestants acknowledge your Majesty's great Goodness to us in renewing the Assurances you have been pleased to give us of your readiness to concur with us in any means for the Security of the Protestant Religion and your Gracious Invitation of us to make our Desires known to your Majesty But with grief of Heart we cannot but observe that to these Princely Offers your Majesty has been advised by what Secret Enemies to Your Majesty and your People we know not to annex a Reservation which if insisted on in the instance to which alone it is applicable will render all your Majesty 's other Gracious Inclinations of no effect or advantage to us Your Majesty is pleased thus to limit your promise of concurrence in the Remedies which shall be proposed that they may consist with preserving the Succession of the Crown in its due and legal course of Descent And we do humbly inform your Majesty that no Interruption of that Descent has been endeavoured by us except only the Descent upon the Person of the Duke of York who by the wicked Instruments of the Church of Rome has been manifestly perverted to their Religion And we do humbly represent to your Majesty as the Issue of our most deliberate Thoughts and Consultations that for the Papists to have their hopes continued that a Prince of that Religion shall succeed in the Throne of these Kingdoms is utterly inconsistent with the Safety of your Majesty's Person the Preservation of the Protestant Religion and the Prosperity Peace and Welfare of your Protestant Subjects That your Majesty's Sacred Life is in continual danger under the prospect of a Popish Successor is evident not only from the Principles of those devoted to the Church of Rome which allow that an Heretical Prince and such they term all Protestant Princes Excommunicated and deposed by the Pope may be destroyed and murther'd but also from the Testimonies given in the prosecution of the Horrid Popish Plot against divers Traitors Attainted for designing to put those accursed Principles into practice against your Majesty From the expectation of this Succession has the number of Papists in your Majesty's Dominions so much encreased within these few years and so many been prevailed with to desert the true Protestant Religion that they might be prepared for the Favours of a Popish Prince assoon as he should come to the possession of the Crown and while the same Expectation lasts many more will be in the same danger of being perverted This it is that has hardned the Papists of this Kingdom animated and confedederated by their Priests and Jesuits to make a common Purse provide Arms make application to Foreign Princes and sollicite their Aid for imposing Popery upon us And all this even during your Majesty's Reign and while your Majesty's Government and the Laws were our protection It is your Majesty's Glory and true Interest to be the Head and Protector of all Protestants as well abroad as at home But if these Hopes remain what
they that make Leasings to his Grace of his Lords Barons and Leiges Act 134. Par. 8. James 6. May 22. 1584. Anent Slanderers of the King his Progenitors Estate and Realm FOrasmuch as it is understood to our Soveraign Lord and his three Estates assembled in this present Parliament what great harm and inconveniency has fallen in this Realm chiefly since the beginning of the Civil troubles occurred in the time of his Highness minority through the wicked and licentious publick and private speeches and untrue calumnies of divers of his Subjects to the disdain contempt and reproach of His Majesty his Council and proceedings and to the dishonour and prejudice of his Highness his Parents Progenitors and Estate stirring up his Highness's Subjects thereby to misliking sedition unquietness and to cast off their due obedience to His Majesty to their evident peril tinsil and destruction his Highness continuing always in love and clemency toward all his good Subjects and most willing to seek the safety and preservation of them all which wilfully needlessly and upon plain malice after his Highness's mercy and pardon oft times afore granted has procured themselves by their treasonable deeds to be cut off as corrupt Members of this Commonwealth Therefore it is statute and ordained by our Soveraign Lord and his three Estates in this present Parliament that none of his Subjects of whatsoever Function Degree or Quality in time coming shall presume or take upon hand privately or publickly in Sermons Declanations and familiar Conferences to utter any false slanderous or untrue Speeches to the disdain reproach and contempt of His Majesty his Council and proceedings or to the dishonour hurt or prejudice of his Highness his Parents and Progenitors or to meddle in the Affairs of his Highness and his Estate present by-gone and in time coming under the pains contained in the Acts of Parliament anent makers and tellers of Leasings certifying them that shall be tryed contraveeners thereof or that hear such slanderous Speeches and reports not the same with diligence the said pain shall be executed against them with all rigour in example of others Act 205. Par. 14 King James 6. June 8. 1594. Anent Leasing-makers and Authors of Slanders OUR Soveraign Lord with advice of his Estates in this present Parliament ratifies approves and for his Highness and Successors perpetually confirms the Act made by his Noble Progenitors King James the First of Worthy Memory against Leasing-makers the Act made by King James the Second entituled Against Leasing-makers and tellers of them the Act made by King James the Fifth entituled Of Leasing-makers and the Act made by his Highness's self with advice of his Estates in Parliament upon the 22d day of May 1584. entituled For the punishment of the Authors of Slanders and untrue Calumnies against the Kings Majesty his Council and proceedings to the dishonour and prejudice of his Highness his Parents Progenitors Crown and Estate as also the Act made in his Highness's Parliament holden at Linlithgow upon the 10th of December 1585. entituled Against the Authors of slanderous Speeches or Writs and statutes and ordains all the said Acts to be published of new and to be put in execution in time coming with this addition That whoever hears the said Leasings Calumnies or slanderous Speeches or Writs to be made and apprehends not the Authors thereof if it lies in his power and reveals not the same to his Highness or one of his Privy Council or to the Sheriff Steward or Bayliff of the Shire Stewards in Regality or Royalty or to the Provost or any of the Bayliffs within Burgh by whom the same may come to the knowledge of his Highness or his said Privy-Council where through the said Leasing makers and Authors of slanderous Speeches may be called tryed and punished according to the said Acts The hearer and not apprehender if it lye in his power and concealer and not revealer of the said Leasing makers and Authors of the said slanderous Specches or Writs shall incur the like pain and punishment as the principal Offender Act 107. Par. 7. King James 1. March 1. 1427. That none interpret the Kings Statutes wrongously ITem the King by deliverance of Council by manner of Statute forbids That no man interpret his Statutes otherwise than the Statutes bear and to the intent and effect that they were made for and as the maker of them understood and who so does in the contrary shall be punished at the Kings will Act 10. Par. 10. King James 6. Dec. 10. 1585. Authors of slanderous Speeches or Writs should be punished to the Death IT is statuted and ordained by our Soveraign Lord and three Estates that all his Highness's Subjects content themselves in quietness and dutiful obedience to his Highness and his Authority and that none of them presume or take upon hand publickly to declaim or privately to speak or write any purpose of reproach or slander of His Majesties Person Estate or Government or to deprave his Laws and Acts of Parliament or misconstrue his proceedings whereby any misliking may be moved betwixt his Highness and his Nobility and loving Subjects in time coming under the pain of Death certifying them that do in the contrary they shall be reputed as seditious and wicked Instruments enemies to his Highness and the Commonwealth of this Realm and the said pain of Death shall be executed upon them with all rigour in example of others Act for preservation of His Majesties Person Authority and Government May 1662. And further it is by His Majesty and Estates of Parliament declared statuted and enacted That if any person or persons shall by writing printing praying preaching libelling remonstrating or by any malicious or advised speaking express publish or declare any words or sentences to stir up the people to the hatred or dislike of His Majesties Royal Prerogative and Supremacy in Causes Ecclesiastical or of the Government of the Church by Archbishops and Bishops as it is now settled by Law That every such person or persons so offending and being legally Convicted thereof are hereby declared incapable to enjoy or exercise any place or employment Civil Ecclesiastick or Military within this Church and Kingdom and shall be liable to such further pains as are due by the Law in such Cases Act 130. Par. 8. James 6. May 22. 1584. Anent the Authority of the three Estates of Parliament THE Kings Majesty considering the Honour and the Authority of his Supreme Court of Parliament continued past all memory of man unto their days as constitute upon the free Votes of the three Estates of this ancient Kingdom by whom the same under God has ever been upholden Rebellious and Traiterous Subjects punished the Good and Faithful preserved and maintained and the Laws and Acts of Parliament by which all men are governed made and established And finding the Power Dignity and Authority of the said Court of Parliament of late years called in some doubt at least some curiously travelling
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
which the Prince filleth in that Government so that he dare neither venture to Disinherit Them nor impose upon them such Terms and Conditions as their Consciences will not suffer them to comply with while either these States remain Free or while such English and Scots as retain a Zeal for Religion and the Ancient Laws and Rights of their respective Countries can retreat thither under hopes of Admission and Protection And so closely are the Interests of all Protestants in England and Scotland woven and inlaid with the Interest of the United Netherlands and such is the singular regard that both the one and the other bear to the Reformed Religion the Liberty of Mankind and their several Civil Rights that it is impossible for his Majesty to embark in a Design against the One without resolving at the same time upon the Ruin of the Other Neither will the One be able to subsist when once the Other is Subdued and Enslaved As Philip the Second of Spain saw no way so compendious for the restoring himself to the Sovereignty and Tyrannous Rule over the Dutch as the Subjugating of England that help'd to support and assist them which was the ground of Rigging out his Formidable Armado and of his design against England in 1588 so his British Majesty thinks no Method so Expeditious for the Enslaving his own People as the endeavoring first to subdue the Dutch And as upon the one hand it would be of a threatning Consequence to Holland could the King subjugate his own People extirpate the Protestant Religion out of his Dominions and advance himself to a Despotical Power so upon the other hand could he conquer the Dutch we might with the greatest certainty Date the woful Fate of Great Britain and the loss of all that is valuable to them as Men and Christians from the same Moment and Period of time They are like the Twins we read of whose Destiny was to live and die together and which soever of the two is destroyed first all the Hope and Comfort that the other can pretend unto is to be last devoured Now after the Advances which his Majesty had made towards the Enslaving his Subjects and the Subverting the Reformed Religion in his Kingdoms he finds it necessary before he venture to give the last and fatal Stroke at home and to enter upon the plenary Exercise of his Absolute Power in laying Parliaments wholly aside in cancelling all Laws to make way for Royal Edicts or Declarations of the Complexion of the former and in commanding us to turn Roman Catholicks or to be Dragoon'd I say he thinks it needful before he proceeds to these to try whether he can Subdue and Conquer the Dutch and thereby remove all hopes of Shelter Relief Comfort and Assistance from his own People when he shall afterwards fall upon them And how much soever the Court endeavors to conceal its Design and strives to complement the States General into a Confidence that all Alliances between them and the Crown of England shall be maintained and preserved yet they not only speak their Intentions by several open and visible Actions but some of them cannot forbear to tell it when their Blood is heated and their Heads warm'd with a liberal Glass and a lusty Proportion of Wine Thence it was that a Governing Papist lately told a Gentleman after they two had drank hard together That they had some Work in England that would employ them a little time but when that was over they would make the Dutch fly to the end of the World to find a resting place Delenda est Carthago is engraven upon their Hearts as being that without which Rome cannot arrive at the Universal Monarchy that it aspires after It was upon a formed Design of a War against the United Provinces that the King hath for these two Years stirred up and incited as well as countenanced and protected the Algerines in their Piracies that through their weakning and spoiling the Dutch before-hand it may be the more easie a matter for him to Subdue them when he shall think fit to begin his Hostilities 'T is in order to thiâ— that he hath entred into new and secret Alliances with other Princes the purpott of which is boldly talk'd of in London but whether believ'd at the Hague I cannot tell For as Monsieur Barrillion and Monsieur Bonrepos present Transactions at Whitehall relate to something else than merely to the affair of Hudson's Bay so Prince George's errand to Denmark is of more importance than a bare Visit or a naked Compelment to his Brother 'T is upon this design that all that great Marine Preparation hath been so long making in the several Ports of England but to the hindering the execution whereof some unexpected and not foreseen accidents have interposed And it is in subserviency not to be disquieted at Home while he is carrying on this holy War Abroad that the Declaration for Liberty of Conscience in England and the Proclamation for a Toleration in Scotland are granted and published 'T is well enough known how that after the French King had among many other severities exercised against Protestants made them uncapable of Employments and Commands yet to avoid the consequences that might have ensued thereupon while he was engaged in a War against the Emperor the King of Spain and the States of Holland and to have the aid of his Reformed Subjects he not only intermitted and abated in many other rigours towards them but in Anno 1674 restored them to a capacity of being employed and preferred And that this did not flow from any compassion tenderness or good will towards them his carriage since the issue of that War and the miserable condition he hath reduced them to does sufficiently testifie and declare Nor can we forget how that the late King after a rigorous execution of the penal laws for several years against Dissenters yet being to enter into an unjust War against the United Provinces Anno 1672. not only forbore all proceedings of that kind but published a Declaration for suspending the Execution of all those Laws and for the allowing them liberty of Assembling to worship God in their separate Meetings without being hindred or disturbed What Principle that proceeded from and to what End it was calculated appeared in his behaviour to them afterwards when neither the danger the Nation was in from the Papists nor the application of several Parliaments could prevail for lonity towards them much less for a legal Repeal of those implitick and unreasonable Statutes Nor does the present Indulgence flow from any kindness to Fanaticks but it is only an artifice to stifle their Discontents and to procure their assistance for the destroying of a Foreign Protestant State And it may not be unworthy of observation that as the Declaration of Indulgence Anno 1672 bore date much about the same time with the Declaration of War against the Dutch so at the very Season that his present Majesty
time acquaint his Highness with what we have further done at that Meeting Dated at Guild-hall the 11th of December 1688. A Paper delivered to his Highness the Prince of Orange by the Commissioners sent by his Majesty to treat with him And his Highness's Answer WHereas on the 8th of December 1688. at Hungerford a Paper signed by the Marquess of Hallifax the Earl of Nottingham and the Lord Godolphin Commissioners sent unto us from His Majesty was delivered to Us in these Word following viz. Sir THE King commanded us to acquaint You That he observeth all the Differences and Causes of Complaint alledged by Your Highness seem to be referred to a Free Parliament His Majesty as He hath already declared was resolved before this to call one but thought that in the present State of Affairs it was advisable to defer it till things were more compos'd Yet seeing that His People still continue to desire it He hath put forth His Proclamation in order to it and hath issued forth His Writs for the calling of it And to prevent any Cause of Interruption in it He will consent to every thing that can be reasonably required for the Security of all those that shall come to it His Majesty hath therefore sent Us to attend Your Highness for the adjusting of all Matters that shall be agreed to be necessary to the Freedom of Elections and the Security of Sitting and is ready immediately to enter into a Treaty in Order to it His Majesty proposeth that in the mean time the respective Armies may be restrained within such Limits and at such a Distance from London as may prevent the Apprehensions that the Parliament may in any kind be disturbed being desirous that the Meeting of it may be no longer delay'd than it must be by the usual and necessary Forms Hungerford Dec. 8. 88. Signed Hallifax Nottingham Godolphin We with the Advice of the Lords and Gentlemen assembled with Vs have in Answer to the same made these following Proposals I. THAT all Papists and such Persons as are not qualified by Law be Disarmed Disbanded and Removed from all Employments Civil and Military II. That all Proclamations which Reflect upon Us or any that have come to Us or declared for Us be recalled and that if any Persons for having so assisted have been committed that they be forthwith set at Liberty III. That for the Security and Safety of the City of London the Custody and Government of the Tower be immediately put into the Hands of the said City IV. That if His Majesty shall think fit to be at London during the Sitting of the Parliament that We may be there also with equal Number of our Guards Or if his Majesty shall please to be in any place from London at what-ever distance he thinks fit that We may be at a place of the same distance And that the respective Armies do remove from London Thirty Miles and that no more Foreign Forces be brought into the Kingdom V. That for the Security of the City of London and their Trade Tilbury Fort be put into the Hands of the said City VI. That to prevent the Landing of French or other Foreign Troops Portsmouth may be put into such Hands as by Your Majesty and Us shall be agreed upon VII That some sufficient part of the Publick Revenue be Assigned Us for the Maintaining of our Forces until the Meeting of a Free Parliament Given at Littlecott the Ninth of December 1688. W. H. Prince of Orange The Speech of the Recorder of Bristol to his Highness the Prince of Orange Monday January the 7th 1688. The Mayor Recorder Aldermen and Commons of the Principal Citizens of the City of Bristol waited upon the Prince of Orange being introduced by his Grace the Duke of Ormond their High-Steward and the Earl of Shrewsbury Where the Recorder spake to this Effect May it please your Highness THE Restitution of our Religion Laws and Liberties and the Freeing us from that Thraldom which hath rendred us for many Years useless and at last dangerous to the Common Interest of the Protestant World by your Highness's singular Wisdom Courage and Conduct are not only a Stupendious Evidence of the Divine Favour and Providence for our Preservation but will be and ought to be an Everlasting Monument of your Highness's Magnanimity and other the Heroick Vertues which Adorn your great Soul by whom such a Revolution is wrought in this Nation as is become the Joy and Comfort of the Present and will be the Wonder of all Succeeding Ages In the Contrivance and Preparation of which great Work your Highness like the Heavens did shed your propitious Influences upon us whilst we slept and had scarce any prospect from whence we might expect our Redemption But as since your happy Arrival in England we did among the first Associate our selves to assist and promote your Highness's most glorious Design with our Lives and Fortunes so we now think our selves bound in the highest Obligation of Gratitude most humbly to present to your Highness our humble and hearty Thanks for this our Deliverance from Popery and Arbitrary Power and likewise for declaring your gracious Intentions That by the Advice of the Estates of this Kingdom you will rectifie the late Disorders in the Government both Ecclesiastical and Civil according to the known Laws The due and inviolable Observation of which will in our poor Opinion be the only proper Means to render the Soveraign Secure and both Soveraign and Subject happy To which his Highness returned a most Gracious Answer By the Commissioners of Lieutenancy for the said City Guild-hall London December the 11th 1688. Ordered THat Sir Robert Clayton Kt. Sir William Russel Kt. Sir Basil Firebrass Kt. and Charles Duncomb Esq be a Committee from the said Lieutenancy to Attend his Royal Highness the Prince of Orange and present to his Highness the Address agreed by the Lieutenancy for that purpose And that they begin their Journey to Morrow Morning By the Commissioners Command Geo. Evans Cl. Lieu. London To His Highness the Prince of Orange The Humble Address of the Lieutenancy of the City of London May it please Your Highness WE can never sufficiently express the deep Sense we have conceived and shall ever retain in our Hearts That Your Highness has exposed Your Person to so many Dangers both by Sea and Land for the Preservation of the Protestant Religion and the Laws and Liberties of this Kingdom without which unparallel'd Undertaking we must probably have suffered all the Miseries that Popery and Slavery could have brought upon us We have been greatly concerned that before this time we have not had any seasonable Opportunity to give Your Highness and the World a real Testimony that it has been our firm Resolution to venture all that is Dear to Us to attain those glorious Ends which Your Highness has proposed for restoring and settling these Distracted Nations We therefore now unanimously present to Your Highness
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
time the necessary Affairs and Business of the Kingdom 3. Also For want of good Government he hath lost the Kingdom of Scotland and other Lands and Territories in Gascoin and Ireland which his Father left him in peace and friendship with the French King and with many other Grandees 4. Also By his Pride and Arrogance and evil Counsel he has destroyed Holy-Church imprisoning some Persons thereof and put others in distress And also he hath put to a shameful death imprisoned and disinherited many of the great Men and Nobles of the Land 5. Also Whereas he is bound by his Oath to administer Justice to all he would not do it through his own Covetousness and that of Evil Counsellors that were about him neither hath he kept the other Points of the Oath which he took at his Coronation as he was bound 6. Also He hath wasted his Kingdom and did what in him lay that his Realm and People should be destroy'd and which is worse by his Cruelty and personal Failings or Defects he is found to be incorrigible and past all hopes of amendment All which things are so notorious that they cannot be denied For these Causes by advice and assent of all the Prelats Earls and Barons and of the whole Commonalty of the Kingdom he was deposed from the Government Apology of Adam de Orleton Collect. p. 2765 2766. These Proceedings against King Edward the Second are no-where extant but in that Author Which is the less to be wondred at if we consider that in King Richard the Second's time the King 's parasitical Court-Favourites so influenced the Judges That to the Question How he was to be punished that moved in the Parliament that the Statute should be sent for whereby Edward the Son of King Edward was another time indicted in the Parliament They answered That as well he that moved as the other who by force of the same motion brought the said Statute into the Parliament-House be as Criminals and Traitors worthy to be punished V. Rastal 's Statutes 170 171. Tho for that and other extravagant pernicious and treasonable Opinions delivered those Judges were severely punished as is notoriously known And also That it was afterwards one Article of Impeachment against King Richard the Second That he had cancelled and razed sundry Records In King Richard the Second's time many Animosities arose from time to time betwixt him and his Parliaments insomuch that in the eleventh year of his Reign the Parliament then sitting at London the King absented himself from them and staid at Eltham refusing to come at them and join with them in the Publick Affairs upon which occasion the Lords and Commons sent Messengers to him with an Address which the Historian H. Knighton sets forth at large and which I will here give the Reader a Transcript of at large because it will afford many useful Inferences and Observations Salubri igitur usi consilio miserunt de communi Assensu totius Parliamenti Dominum Thomam de Wodestoke Ducem Glocestriae Thomam de Arundell Episcopum Elyensem ad Regem apud Eltham qui salutarent eum ex parte Procerum Communium Parliamenti sui sub tali sensu verborum ei referentes vota eorum Domine Rex Proceres Domini atque totus populus Communitatis Parliamenti vestri cum humillimâ subjectione se commendant excellentissimo Regalis Dignitatis vestrae cupientes prosperum iter invincibilis honoris vestri contra inimicorum potentiam validissimum vinculum pacis dilectionis cordis vestri erga subditos vestros in augmentum commodi vestri erga Deum salutem animae vestrae ad inedicibilem consolationem totius Populi vestri quem regis Ex quorum parte haec vobis intimamus Quod ex antiquo Statuto habemus consuetudine laudabili approbata cujus contrarietati dici non valebit quod Rex noster convocare potest Dominos Proceres Regni atque Communes semel in anno ad Parliamentum suum tanquam ad summam curiam totius Regni in quâ omnis aequitas relucere deberet absque qualibet scrupulositate vel nota tanquam Sol in ascensu meridiei ubi pauperes divites pro refrigerio tranquillitatis pacis repulsione injuriarum refugium infallibile quaerere possent ac etiam errata Regni reformare de Statu Gubernatione Regis Regni cum sapientiori consilio tractare us inimici Regis Regni intrinseci hostes extrinseci destruantur repellantur quomodò convenientius honorificentius fieri poterit cum salubri tractatu in eo disponere praevidere qualiter quaeque onera incumbentia Regi Regno levius ad ediam communitatis supportari poterunt Videtur etiam iis quod ex quo onera supportant incumbentia habent etiam supervidere qualiter per quos eorum bona catalla expendantur Dicunt etiam quod habent ex antiquo Statuto quod si Rex à Parliamento suo se alienaverit suâ sponte non aliquâ infirmitate aut aliquâ aliâ de causâ necessitatis sed per immoderatam voluntatem protervè se subtraxerit per absentiam temporis quadraginta dierum tanquam de vexatione populi sui gravibus eorum expensis non curans extunc licitum omnibus singulis eorum absque domigerio Regis redire ad propria unicuique eorum in patriam suam remeare Et jam vos ex longiore tempore absentâstis quâ de causâ nesciunt venire renuistis Ad haec Rex Jam planè consideramus quod Populus noster atque Communes intendunt resistere atque contra nos insurgere moliuntur in tali infestatione melius nobis non videtur quin cognatum nostrum Regem Francia ab eo consilium auxilium petere contra insidiantes nos ei submittere potiùs quà m succumbere subditis nostris Ad haec illi responderunt Non est hoc vobis sanum consilium sed magis ducens ad inevitabile detrimentum nam Rex Franciae capitalis inimicus vester est Regni vestri adversarius permaximus si in terram Regni vestri pedem figeret potiùs vos spoliare laboraret Regnum vestrum invadere vosque à sublimitate Regalis solii expellere quam vobis aliquatenùs manus adjutrices cum favore apponere si quod absit ejus suffragio quandoque indigeretis Ad memoriam igitur revocetis qualiter avus vester Edwardus tertius Rex similiter pater Edwardus Princeps nomine ejus in sudore angustiis in omni tempore suo per innumerabiles labores in frigori calore certaverunt indefesse pro conquisitione Regni Franciae quod eis jure haereditario attinebat vobis per successionem post eos Reminiscemini quoque qualitèr Domini Regni Proceres atque Communes innumerahiles tam de Regno Angliae quam Franciae Reges quoque Domini de aliis
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