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A28563 The history of the desertion, or, An account of all the publick affairs in England, from the beginning of September 1688, to the twelfth of February following with an answer to a piece call'd The desertion discussed, in a letter to a country gentleman / by a person of quality. Bohun, Edmund, 1645-1699.; Collier, Jeremy, 1650-1726. Desertion discuss'd. 1689 (1689) Wing B3456; ESTC R18400 127,063 178

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the Laws and to their Country And whereas we are certainly informed that great numbers of Armed Papists have of late resorted to London and Westminster and Parts adjacent where they remain as we have reason to suspect not so much for their own Security as out of a wicked and barbarous Design to make some desperate Attempts upon the said Cities and the Inhabitants by Fire or a sudden Massacre or both or else to be the more ready to joyn themselves to a Body of French Troops designed if it be possible to land in England procured of the French King by the Interest and Power of the Jesuits in pursuance of the Engagements which at the Instigation of that pestilent Society his Most Christian Majesty with one of his Neighbouring Princes of the same Communion has entred into for the utter Extirpation of the Protestant Religion out of Europe Though we hope we have taken such effectual care to prevent the one and secure the other that by God's assistance we cannot doubt but we shall defeat all their wicked Enterprises and Designs We cannot however forbear out of our great and tender concern we have to preserve the People of England and particularly those great and populous Cities from the cruel Rage and bloody Revenge of the Papists to require and expect from all the Lord-Lieutenants and Justices of the Peace Lord Mayors Mayors Sheriffs and other Magistrates and Officers Civil and Military of all Counties Cities and Towns of England especially of the County of Middlesex and Cities of London and Westminster and Parts adjacent that they do immediately disarm and secure as by Law they may and ought within their respective Counties Cities and Jurisdictions all Papists whatsoever as Persons at all times but now especially most dangerous to the Peace and Safety of the Government that so not only all power of doing Mischief may be taken from them but that the Laws which are the greatest and best Security may resume their force and be strictly executed And we do hereby likewise declare That we will protect and defend all those who shall not be afraid to to do their Duty in Obedience to these Laws And that for those Magistrates and others of what condition soever they be who shall refuse to assist Us and in Obedience to the Laws to execute vigorously what we have required of them and suffer themselves at this juncture to be cajolled or terrified out of their Duty we will esteem them the most Criminal and Infamous of all Men Betrayers of their Religion the Laws and their Native Country and shall not fail to treat them accordingly resolving to expect and require at their hands the Life of every single Protestant that shall perish and every House that shall be burnt and destroyed by Treachery and Cowardize Given under our Hand and Seal at our Head Quarters at Sherburn Castle the Twenty eight of November 1688. WILLIAM HENRY PRINCE OF ORANGE By his Highness's special Command C. HUYGENS. This was the boldest Attempt that ever was made by a private Person for it is certain the Prince knew nothing of this Declaration and disowned it so soon as he heard of it but yet it was printed in London and a quantity of them were sent in a Penny-Post Letter to the Lord Mayor of London who forthwith carried them to the King to Whitehall and it is thought this sham Paper contributed very much to the fixing and hastning his Resolution of leaving the Nation however there was no enquiry made after the Author or Printer of it that I could take notice of On Sunday the Ninth of December it is said Count Dada the Pope's Nuncio and many others departed from Whitehall and the next Morning about three or four of the Clock the Queen the Child and as was said Father Peters crossed the Water to Lambeth in three Coaches each of six Horses and with a strong Guard went to Greenwich and so to Gravesend where they imbarked on a Yatch for France And it is supposed she carried the Great Seal of England with her it having never appeared after this Before this the Marquiss of Hallifax the Earl of Nottingham and the Lord Godolphin had been sent by the King and Council to treat with the Prince of Orange and to adjust the Preliminaries in order to the holding of a Parliament who the Eighth of December sent these Proposals to him 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 composed 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 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 to enter immediately into a Treaty in order to it His Majesty proposeth that in the mean time the respective Armies may be retained within such Limits and at such distance from London as may prevent the Apprehensions that the Parliament may be in any kind disturbed being desirous that the Meeting may be no longer delay'd than it must be by the usual and necessary Forms Hungerford the 8th of December 1688. Hallifax Nottingham Godolphin To this his Royal Highness the Prince of Orange return'd this Answer WE with the Advice of the Lords and Gentlemen assembled with Us have in Answer 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 that reflect upon Us or at any time have come to Us or declared for Us be recalled and that if any Persons for having assisted Us 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 should think fit to be in London during the Sitting of the Parliament that We may be there also with an equal number of our Guards and if his Majesty shall be pleased to be in any place from London whatever distance he thinks fit that We may be the same distance and that the respective Armies be from London forty Miles and that no further Forces be brought into the Kingdom V. And that for the Security of the City of London and their Trade
any of the Parliaments in the time of His late Majesty Charles II. As also the Lord Mayor Aldermen and Fifty of the Common Council of the City of Lrndon being desired by His Highness to attend Him this day One hundred and Sixty Members and the rest came call but the Mayor who was sick to St. James's and were by Him acquainted with the State of things and desired to repair to the Commons House at Westminster where they chose Mr. Powle for their Speaker then sending to know what the Peers had done the Addresses as above recited were delivered to them with which they concurred And the 27th they also presented them to the Prince to whom He gave the same Answer he had given to the Lords the 28th in the Afternoon The 30th His Highness put out the usual Proclamation for the continuance of the Sheriffs Justices of the Peace and other Officers and Ministers not being Papists to act in their Respective places till the Meeting of the Convention or other Order to the contrary Excepting also all such Offices or Places where since His Arrival in this Kingdom he had already or should hereafter otherwise provide month January The 2d of January He put out a Declaration for the better Collecting the Publick Revenue which I need not transcribe The 5th of January His Highness put out this following Order FOR the better Preventing Disorders that may happen in any Burrough Corporation or other place of Election of Members for the intended Convention by any Souldiers Quartered in those places And that such Elections may be carried on with the greater Freedom and without any colour of Force or Restraint We do hereby strictly charge and require all Collonels and Officers in chief with any Regiment Troop or Company to cause such Reigments Troops or Companies to march out of the Qaurters where such Election shall be made the several Garrisons only Excepted the day before the same be made to the next Adjoyning Town or Towns being not appointed for any Election and not to return to their first Quarters until the said Respective Elections be made and fully compleated wherein they are not to fail as they will answer the contrary at their peril The Scotch Nobility and Gentry in or about London were also by His Highness's Order Summoned to St. James's where they met the 7th of January at Three in the Afternoon to whom the Prince made this Speech My Lords and Gentlemen THE only reason that induced me to undergo so great an Undertaking was That I saw the Laws and Liberties of these Kingdoms overturned and the Protestant Religion in eminent Danger And seeing you are here so many Noblemen and Gentlemen I have called you together that I may have your Advice what is to be done for the securing the Protestant Religon and Restoring Your Laws and Liberties according to my Declaration Then they withdrew to the Council Chamber at Whitehall and chose the Duke of Hamilton their President And after some Debates Agreed the heads of a Paper which they ordered to be drawn The 8th they met again and the Paper was Read and Approved and ordered to be Ingrossed The Earl of Arran proposed in this second Meeting That it was his Advice that the Prince of Orange should be moved to desire the King to return and call a Free Parliament for the securing our Religion and Property according to the known Laws of the Kingdom which said he in my humble opinion is the best way to heal all our Breaches which was Disgusted by all and seconded by none of them The 9th They met again and Signed the Paper which was in these Words WE the Lords and Gentlemen of the Kingdom of Scotland Assembled at Your Highness's desire in this Extraordinary Conjunction do give Your Highness our humble and hearty thanks for Your Pious and Generous Undertaking for preserving of the Protestant Religion and Restoring the Laws and Liberties of this Kingdom In Order to the attaining of these Ends Our humble Advice and Desire is That Your Highness take upon You the Administration of All Affairs both Civil and Military The disposal of the Publick Revenues and Fortresses of the Kingdom of Scotland and the doing of every thing that is necessary for the preservation of the Peace of the Kingdom until a General Meeting of the States of the Nation which we humbly desire Your Highness to call to be holden at Edinburgh the 14th day of March next by Your Letter or Proclamation to be Published at the Market Crosses of Edinburgh and other Head Burroughs of the several Shires and Stewartries as sufficient intimation to all concerned according to the Custom of the Kingdom And that the Publication of these Your Letters or Proclamation be by the Sheriff or Stewart-Clerks for the Free-Holders who have the value of Lands holden according to Law for making Elections and by the Town Clerks of the several Burroughs for the Meeting of the whole Burgesses of the Respective Royal Buroughs to make their Elections at least Fifteen days before the Meeting of the Estates at Edinburgh and the Respective Clerks to make intimation thereof at the least ten days before the Meetings for Election And that the whole Electors and Members of the said Meeting at Edinburgh qualified as above expressed be Protestants without any other Exception or Limitation whatsoever To deliberate and resolve what is to be done for securing the Protestant Religion and restoring the Laws and Liberties of the Kingdom according to Your Highness's Declaration Dated the 10th day of January 1689. at the Council Chamber at White-Hall It was Signed by about Thirty Lords and Eighty Gentlemen and was presented in their presence at St. James's by the Duke of Hamilton their President The 14th His Highness met the Scotch Lords and Gentlemen in the same place again and spake to them as followeth My Lords and Gentlemen IN pursuance of Your Advice I will until the Meeting of the Estates in March next give such Orders concerning the Affairs of Scotland as are necessary for the calling of the said Meeting for the preservation of the Peace the applying of the Publick Revenue to the most pressing uses and puting the Fortresses in the hands of Persons in whom the Nation can have a just confidence And I do further assure you that you will always find me ready to concur with you in every thing that may be found necessary for securing the Protestant Religion and restoring the Laws and Liberties of the Nation The Earls of Crawford and Louthain being present in this last Meeting but coming up to London after the former desired they might Sign the said Address and they accordingly did so The 8th day January His Highness put out a Declaration against quartering Soldiers on private Houses And that all Houses should be deemed Private Houses except Victualling Houses and Houses of Publick Entertainment or such as sell Wine or any other Liquor by Retail In all which Houses We do think
some other Country § 7. And since his Majesty had sufficient reasons to withdraw these can be no pretence for an Abdication For we are to observe that to Abdicate an Office always supposes the Consent of him who Quits it That this is the signification of the Word Abdico appears from Tully Salust and Livie to which I shall only add the Learned Grotius De Jure Belli c. Libr. 1. Cap. 4. Sect. 9. Where he makes Abdicating the Government and plainly Giving it up to be Terms of the same importance § 8. And to prevent unreasonable Cavils he adds that a Neglect or Omission in the Administration of Government is by no means to be Interpretated a Renunciation of it We have but two Instances with us which looks like an Abdication since the Conquest which are in the Reign of Edward II. and Richard II. both which were unjustly Deposed by their Subjects However they did not renounce their Allegiance and declare the Throne void till they had a formal Resignation under the Hands of both those unfortunate Princes And hence it appears how unlucky our Enquirer is at citing the Laws For pag. 12. He tells us That since these Two Princes have been judged in Parliament for their Male Administration and since these Judgments have never been vacated by any subsequent Parliaments these Proceedings are part of our Law. From hence I observe § 9. 1. That our Author contradicts himself For here he owns that Male Administration is sufficient to warrant Deposition and Resistance But in his Enquiry into the Measures of Submission c. For both these Papers are generally supposed to come from the same Hand Pag. 5. Par. 14. He is much kinder to the Crown for there he asserts That it is not Lawful to resist the King upon any pretence of Ill Administration and that nothing less than subverting the Fundamentals of Government will justifie an Opposition Now I am much mistaken if Deposing of Kings is not Resisting them with a Witness But besides his self Contradiction the case is not to his purpose For § 10. 1. These Parliaments were called in Tumultuous times when the Subjects were so hardy as to put their Kings under Confinement Now if it is against the Constitution of Parliaments to Menace the Two Houses out of their Liberty of Voting freely then certainly Kings ought not to be overawed by Armies and Prisons These Parliaments therefore are very improper to make Precedents of § 11. 2. Those Princes were wrought upon so far as to resign their Crowns which each of them did though unwillingly Let this Enquirer produce such a Resignation from His Majesty and he says something § 12. 3. He is much mistaken in saying these Judgments as he calls them have not been vacated by subsequent Praliaments For all those subsequent Parliaments which declare it Unlawful to take up Arms against the King do by necessary implication condemn these Deposing Precedents for it 's impossible for Subjects to Depose their Princes without Resisting them § 13. 2. By Act of Parliament the First of Edw. 4. yet remaining at large upon the Parliament Rolls and for the greater part recited verbatim in the Pleadings in Baggett's Case in the Year Books Trin. Term. 9. Edw. 4. The Title of Edw. 4. by Descent and Inheritance and is set forth very particularly And that upon the Decease of Rich. 2. the Crown by Law Custom and Conscience Descended and Belonged to Edmund Earl of March under whom King Edw. 4. claimed § 14. It is likewise further declared That Hen. 4. against Law Conscience and Custom of the Realm of England Usurped upon the Crown and Lordship thereof and Hen. 5. and Hen. 6. occupied the said Realm by Unrighteous Intrusion and Vsurpation and no otherwise § 15. And in 39. Hen. 6. Rot. Parl. when Richard Plantagenet Duke of York laid claim to the Crown as belonging to him by right of Succession it was § 16. 1. Objected in behalf of Hen. 6. that Hen. 4. took the Crown upon him as next Heir in Blood to Hen. 3. not as Conqueror § 17. To this it was Answered That the pretence of Right as next Heir to Hen. 3. was false and only made use of as a Cloak to shadow the violent Usurpations of Hen. 4. § 18. 2. It was Objected against the Duke of York That the Crown was by Act of Parliament Entailed upon Hen. 4. and the Heirs of his Body from whom King Hen. 6. did Lineally Descend The which Act say they as it is in the Record is of Authority to defeat any manner of Title To which the Duke of York replied That if Hen. 4. might have obtained and enjoyed the Crowns of England and France by Title of Inheritance Descent or Succession he neither needed nor would have desired or made them to be granted to him in such wise as they be by the said Act the which takes no Place nor is of any Force or Effect against him that is right Inheritor of the said Crowns as it accordeth with Gods Laws and all Natural Laws Which Claim and Answer of the Duke of York is expressly acknowledged and recognized by this Parliament to be Cotton's Abridgment Fol. 665 666. § 19. From these Recognitions it plainly follows 1. That the Succession cannot be interrupted by an Act of Parliament especially when the Royal Assent is given by a King De Facto and not De Jure 2. The Act 9. of Edw. 4. by declaring the Crown to Descend upon Edmund Earl of March by the Decease of Rich. 2. does evidently imply that the said Richard was rightful King during his Life and consequently that his Deposition was Null and Unlawful If it 's demanded Why his Majesty did not leave Seals and Commissioners to supply his Absence This Question brings me to the Second Point viz. to shew That the leaving sufficient Representatives was impracticable at this Juncture For 1. When the Nation was so much embroiled and the King's Interest reduced to such an unfortunate Ebb It would have been very difficult if not impossible to have found Persons who would have undertaken such a dangerous Charge That Man must have had a Resolution of an extraordinary Size who would venture upon Representing a Prince who had been so much disrepected in his own Person whose Authority had been set aside and his Ambassador clapt up at Windsor when he carried not only an inoffensive but an obliging Letter But granting such a Representation had been ingaged in the Commissions must either have extended to the Calling of Parliaments or not if not they would neither have been Satisfactory nor absolutely necessary Not Satisfactory For the want of a Parliament was that which was accounted the great Grievance of the Nation as appears from the Prince of Orange's Declaration Where he says expresly That his Expedition is intended for no other Design but to have a Free and Lawful Parliament assembled as soon as is possible Declar. P. 12. § 21.
was sent down to Portsmonth with Orders to the Lord Dartmouth to send him under a good Convoy with his Nurse into France This he was said to have utterly refused whereupon he was brought back to London again on Saturday Doc. 8. and the Queen resolved to go over with him her self and not contented with this extorted from the King a Promise to follow her himself Which was the very worst Counsel the worst Enemy he had in the World could possibly have given him But to return back Scotland was by this time almost in as bad a condition as England and some of the Nobility and Gentry of Scotland were sent up with a Petition for a Free Parliament and the Popish Chapels at York Bristol Glocester Worcester Shrewsbury Stafford Woolverhampton Bromidgham Cambridge and St. Edmond's Bury were about this time demolished and whereever the Lords in Arms came the Papists were disarmed And in Norfolk the Duke of Norfolk their Lord-Lieutenant had a great appearance of the Gentry with him where he and they declared for a Free Parliament and the Protection of the Protestant Religion This meeting was at Norwich the First of December and after that the same Declaration was renewed at Yarmouth and the Suffolk men approved of it but wanted a Lord Lieutenant to assemble and head them in order to the shewing their concurrence with safety Bristol was seized by the Earl of Shrewsbury and Sir John Guise the Lord Lovelace was delivered by the Gentry of Gloucestershire out of the Castle of Gloucester where till then he had been imprisoned The Lords Molineux and Aston in the mean time seized Chester for the King being R. C's and Berwick stood firm to him too but New-Castle received the Lord Lumley and Declared for a Free Parliament and the Protestant Religion York was in the hands of the associated Lords and the Garrison of Hull seized the Lord Langdale their Governour a Papist and the Lord Montgomery and disarmed some Popish Forces newly sent thither and then Declared for a Free Parliament and the Protestant Religion And Plimouth had long before submitted to the Prince of Orange And the Army at Reading upon another false Alarm on Saturday the 8th of December retired in great haste to Twyford Bridge and endeavouring to regain their post a Party of the Prince's men who were sent for by the Inhabitants of Reading upon their threatning to plunder and fire the Town attacked the Irish Dragoons and slew Fifty of them the Irish making little Defence tho' the Prince's Party were much fewer in number because they believed the whole Army was at hand The Popish Party was become so contemptible in London that on Thurday the Sixth of December there was an Hue and Cry after Father Peters publickly cried and sold in the Streets of London But this was not the worst neither for about the same time came forth this following Declaration in the Name of the Prince of Orange By his Highness William Henry Prince of Orange A Third Declaration WE have in the course of our whole life more particularly by the apparent hazards both by Sea and Land to which we have so lately exposed our Person given to the whole World so high and undoubted Proofs of our fervent Zeal for the Protestant Religion that we are fully confident no true Englishman and good Protestant can entertain the least Suspicion of our firm Resolution rather to spend our dearest Blood and perish in the Attempt than not to carry on the blessed and glorious Design which by the favour of Heaven we have so successfully begun to rescue England Scotland and Ireland from SLAVERY and POPERY and in a Free Parliament to Establish the Religion the Laws and the Liberties of these Kingdoms on such a sure and lasting Foundation that it shall not be in the Power of any Prince for the future to introduce Popery and Tyranny Towards the more easie compassing this great Design we have not been hitherto deceived in the just Expectation we had of the concurrence of the Nobility Gentry and People of England with us for the Security of their Religion and the Restitution of the Laws and the Re-establishment of their Liberties and Properties Great numbers of all Ranks and Qualities having joyned themselves to us and others at great distances from us have taken up Arms and Declared for Us. And which we cannot but particularly mention in that Army which was raised to be the Instrument of Slavery and Popery many by the special Providence of God both Officers and common Soldiers have been touched with such a feeling sense of Religion and Honour and of true Affection to their Native Country that they have already deserted the illegal Service they were engaged in and have come over to Us and have given us full assurance from the rest of the Army That they will certainly follow this Example as soon as with our Army we shall approach near enough to receive them without hazard of being prevented and betray'd To which end and that we may the sooner execute this just and necessary Design we are engaged in for the publick Safety and Deliverance of these Nations We are resolved with all possible diligence to advance forward that a Free Parliament may be forthwith called and such Preliminaries adjusted with the King and all things first setled upon such a foot according to Law as may give us and the whole Nation just reason to believe the King is disposed to make such necessary Condescension on his part as will give entire Satisfaction and Security to all and make both King and People once more happy And that we may effect all this in the way most agreeable to our desires if it be possible without the effusion of any Blood except of those execrable Criminals who have justly forfeited their Lives for betraying the Religion and subverting the Laws of their Native Country we do think fit to declare that as we will offer no violence to any but in our own necessary defence so we will not suffer any injury to be done to the Person even of any Papist provided he be found in such place and condition and circumstances as the Laws require So we are resolved and do declare That all Papists who shall be found in open Arms or with Arms in their Houses or about their Persons or in any Office or Employment Civil or Military upon any pretence whatsoever contrary to the known Laws of the Land shall be treated by Us and our Forces not as Soldiers and Gentlemen but as Robbers Free-booters and Banditti They shall be incapable of Quarter and intirely delivered up to the Discretion of our Soldiers And we do further declare That all Persons who shall be found any ways aiding and assisting to them or shall march under their Command or shall joyn with or submit to them in the discharge or execution of their illegal Commissions or Authority shall be looked upon as Partakers of their Crimes Enemies to