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A51146 The declaration of James Duke of Monmouth, & the noblemen, gentlemen & others, now in arms, for defence & vindication of the Protestant religion, & the laws, rights, & privilieges of England, from the invasion made upon them, & for delivering the kingdom from the usurpation & tyranny of James Duke of York Monmouth, James Scott, Duke of, 1649-1685. 1685 (1685) Wing M2429; ESTC R10337 7,038 9

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of forfeiture hath been wholly arbitrary illegall Wee likewise therefore declare that wee will to our utmost endeavor to see them repossessed in whatsoever they formerly had could legally claime before the late Usurpation upon them and that wee do esteeme all judgments given against them all Surrenders made by a corrupt perjur'd party amongst themselves null void in Law and do hold declare their old charters norwithstanding the new ones lately granted to be good valid And accordingly Wee de invite incourage all honest Burgesses Freemen to reassume the Rights Priviledges which by virtue of the said old charters belonged to their severall respective corporations and to deliver themselves from those Court Parasites instruments of tyranny set up to oppress them More over for restoring the Kingdom to its primitive condition of Freedom safety Wee will have the corporation militia Acts repealed and all Outlawries of treason against any person whatsoever upon the late pretended Protestant plot reversed and also all other outlawries banishments warrants judgments imprisonments abjurations proceedings against any other persons upon any of the penall statutes made against Protestant dissenters reversed made null void and Wee will have new Laws enacted for placeing the Election of Sherriffes in the Freeholders of the severall Counties and for setling the Militia in the respective Sheriffs and for preventing all military standing Force except what shall be raised kept up by Authority consent of Parliament And wheras severall Gentlemen others who have been worthy zealous astertors of the Protestant Interest laws of the Kingdom are now in custody in diverse prisons within the Realme upon most unjust accusations pretences proceedings judgments Wee do hereby further declare their said imprisonments to be Illegall and that in Case any violence shall be offered to them or any of them Wee will revenge it to the utmost upon such of our Enemies as shall fall into our hauds And wheras the said James Duke of York in order to the expediting the Idolatrous bloody designes of the Papists the gratifying his own boundless ambition after a Crown and to hinder enquiry into his Assassination of Arthur Earle of Essex hath poysoned the late King and there in manifested his ingratitude as well as Cruelty to the world in murdering a Brother who had almost ruin'd himselfe to preserve protect him from punishment Wee doe therefore further declare that for the aforesaid Villanous and unnaturall Crime other his crimes before mentioned and in pursuance of the Resolution of both Houses of Parliament who Voted to revenge the Kings Death in Case he came to an untimely end Wee will prosecute the said James Duke of York till Wee have brought him to suffer what the Law adjudged to be the punishment of so excrable a fact And in a more particular manner his Grace the Duke of Monmouth being deeply sensible of that barbarous horrid parricide committed upon his Father doth resolve to pursue the said James Duke of Yorke as a mortall and bioudy Enemy and will endeavor as well with his own hand as by the assistance of his Friends the Law to have justice executed upon him And forasmuch as the said James Duke of Monmouth the now Head Captaine Generall of the Protestant forces of this Kingdom assembled in pursuance of the Ends aforesaid hath been still is beleived to have a legitimate Legall right to the Crownes of England Scotland France Ireland with the Dominions there unto belonging of which he doubts not in the least to give the world full satisfaction notwithstanding the means used by the late King his Father upon popish motives at the instigation of the said James Duke of Yorke to weaken obscure it The said James Duke of Monmouth from the generousness of his own nature and the Love he beares to these nations whose wellfare setlement he infinitly prefers to whatsoever may concerne himselfe doth not at present insist upon his Title but leaves the determination thereof to the wisdom justice authority of a Parliament legally chosen acting with freedom And in the time meane doth promise declare by all that is sacred that he will in conjunction with the People of England Imploy al the Abilities bestowed upon him by God Nature for the reestablishment preservation of the Protestant reformed Religion in these Kingdomes and for restoring the Subjects of the same to a free exercise thereof in opposition to Popery the consequences of it Tyranny Slavery To the obtaining of which ends he doth hereby promise oblige himselfe to the people of England to consent unto promote the passing into Laws all the methods aforesaid that it may never more be in the power of any single person on the Throne to deprive the subjects of their Rights or subvert the fundimentall Laws of the Government designed for their preservation And Whereas the Nobility Gentry Comons of Scotland are now in arms upon the like motives Inducements that wee are in prosecution of ends agreable with ours Wee doe therefore approve the Iustice of their cause commend their Zeale Courage expecting their promiseing our Assistance for carrying on that glorious work wee are joyntly engaged in Being obliged for avoiding tediousness to omit recounting many Oppressions under which the Kingdom hath groaued the giving a Deduction of the several Steps that have been taken for introducing establishing of popery Tyranny Wee think fit therefore to signify both to our Country men Forreigners that Wee intend a larger Manifesto Remonstrance of the Grievances Persecutions Crueltyes Tyrannies Wee have of late layne under and therein a more full particular account of the Unparralleled Crimes of the present Usurper And Wee make our appeale unto God all Protestants Kings Princes States People concerning the Iustice of our Cause and the necessity wee are reduced unto of haveing our recourse to Armes And as wee do beseech require adjure all sincere Protestants and true Englishmen to be assisting to us against the Enemies of the Gospell Rights of the Nation and liberties of mankind so we are confident of obtayning the ut most ayde succour which they can yeild us with their Prayers Persons Estates for the Dethroning the said Tyrant Popish Usurper Nor do Wee doubt being justifyed contenanced assisted by all Protestant Kings Princes comon Wealths Who do either regard the Gospell of Jesus Christ or their own Interest and above all our dependance trust is upon the Lord of hosts in whose name Wee goe forth to whom wee commit our cause and referr the dicision betwixt us our Enemies in the Day of Battle Now let us play the men for our People for the Cities of our God and the Lord do that which seemeth good unto him
THE DECLARATION OF JAMES DUKE of MONMOUTH The Noblemen Gentlemen others now in Arms for Defence vindication of the Protestant Religion the Laws Rights Privilieges of England from the Invasion made upon them for Delivering the Kingdom from the Usurpation Tyranny of JAMES DUKE of YORK AS Gouvernment was originally Instituted by God this or that forme of it chosen and submitted to by M●● for the peace happiness security of the Governed not for the private Interest personall greatness of those that Rule so that Government hath been alwayes esteemed the host where the supreme Magistrates have been vested with all the power prerogatives that might Capacitate them not only to preserve the people from violence oppression but to promote their prosperity yet where nothing was to belong to them by the Rules of the Constitution that might enable them to injure and oppress them And it hath been the Glory of England above most other Nations that the Prince had all intrusted with him that was necessary either for advanceing the wellfare of the people or for his own protection in the discharge of his Office with all stood so limited restraines by the fundamental Termes of the Constitution that without a violation of his own Oath as well as the Rules measures of the Government he could do them no hurt or exercise any act of Authority but through the administration of such hands as stood obnoxious to be punished in case they transgressed So that according to the primitive Frame of the Government the prerogatives of the Crown priviledges of the subject were so far from justling one another that the rights reserved unto the People tended to render the King honorable Great and the prerogratives setled on the Prince were in order to the subjects protection safety But all humane things being liable to pervertion as well as decay it hath been the fate of the English Government to be often changed wrested from what it was in the first setlement Institution And wee are perticularly compelled to say that all the boundaries of the Government have of late been broken nothing left unattempted for turning our limited Monarchy into an absolute Tyranny For such hath been the transactions of affaires within this Nation for severall Years last past that tho the Protestant Religion Libertyes of the people were fenced hedg'd about by as many Laws as the Wisdome of men could devise for their preservation against Popery and Arbitrary Power our Religion hath been all a long undermined by Popish Councells and our Priviledges ravished from us by fraud violence And more especially the whole course series of the Life of the present Usurper hath been but one continued conspiracy against the Reformed Religion rights of the Nation For whosoever considers his contriving the burning of London his Instigating a consederacy with France and a Warr with Holland his somenting the popish Plot and incouraging the Murther of Sr. Edmund-Bury-Godfry to Stifle it his forging Treason against Protestants suborning witnesses to sweare the Patriots of our Religion liberties out of their Lives his hireing execrable Villaines to assassinate the late Earle of Essex and causing severall others to be Claudestinly cut off in hopes to conceale it his advising and procuring the Prorogation and Dissolution of Parliaments in order to prevent enquiry into his Crimes that he might escape the justice of the Nation such can imagine nothing so black and horrid in it selfe or so ruinous destructive to Religion and the Kingdome which we may not expect from him upon his having invaded the Throne and usurped the Title of a King The very Tyrannies which he hath exercised since he natched the Crown from hi Brothers head do leave none under a possibility of flatering themselves with hopes of safety either in their consciences persons or Estates For in defiance of all the Laws Statutes of the Realme made for the security of the Reformed Protestant Religion he not only began his Usurpation and pretended Reign with a bare faced avowing himselfe of the Romish Religion but hath call'd in muititudes of Preists Iesuits for whom the Law makes it treason to come into the Kingdom and hath impower'd them to exercise their Idolatries and besides his being dayly present at the worship of the Mass hath publickly assisted at the grossest Fopperios of their superstition Nor hath he been more tender in trampling upon the Laws which Concerne our Properties seeing by two Proclamations whereof the one requires the collecting of the Customes the other the continuing that part of the Excise which was to expire with the late Kings death he hath violently against all the Laws of the Land broken in upon our Estates Neither is it any extenuation of his usurpation Tyranny that he is countenanced in it by an extra Judiciall opinion of seven or eight suborned forsworne Judges that rather declaring the greatness and extent of the conspiracy against our Rights and that there is no meanes left for our releife but by force Armes For advancing those to the Bench who were the scandal of the Barr and Constituting those very men to deelare the Laws who were accused branded in Parliament for perverting them Wee are precluded all hopes of redress in Westminster-Hall and through packing to gather by false returnes new Illegall Charters other corrupt meanes a company of men which he intends to stile a Parliament he doth at once deprive us of all expectation of succour where our Ancestors were wont to find it and hopes to render that which ought to be the peoples fence against Tyranny the conservators of their Liberties the meanes of subverting all our Laws of establishing his Arbitraryness confirming our thraldome So that unless Wee could be contented to see the reformed Protestant Religion and such as profess it extirpated popish superstition and Idolatry established the Laws of the Land Trampled underfoot the Liberties rights of the English people subverted all that is Sacred and Civil or of regard amongst men of Piety or Virtue Violated and an Usurper Tyrannising on the Throne and unless Wee could be willing to be Slaves as well as Papists forget the example of our noble generous Ancestours who conveyed our Priviledges to us at the expence of their blood treasure and with all be un mindfull of our duty to God our Country and Posterity deafe to the cries groanes of our oppressed Freinds and be satisfyed not only to see them and our selves Imprison'd robb'd murthered but the Protestant Interest throughout the whole world betrayed to France Rome Wee are bound as Men Christians and that in discharge of our duty to God our country and for fatisfaction of the expectations of the Protestant Nations round about us to betake ourselves to Armes which wee call Heaven Earth