Francis Hargrave THE WORKS OF THE Right Honourable Henry late L. Delamer AND Earl of Warrington CONTAINING His Lordships Advice to His Children Several Speeches in Parliament c. WITH MANY OTHER Occasional Discourses On the AFFAIRS of the Two Last Reigns BEING Original Manuscripts Written with His Lordships own Hand Never before Printed LONDON Printed for John Lawrence at the Angel and John Dunton at the Raven in the Poultrey 1694. TO The Right Honourable THE EARL OF WARRINGTON My Lord SInce my late Lord Warrington your Father trusted me with the care of your Education your Lordship has made so great a Progress in all things which I Taught you that I am now forced to procure you another Tutor You are become in a little time a great Master of several Languages and most parts of Philosophy and I may say without flattery that your Lordship hath Genius Learning and Piety enough to make one of the Best and the most Accomplish't Gentleman in England But yet your Quality requires something more for it is not enough for one in your Lordships High Station to be Humanist Geographer Historian and I may add a good Man too he must be also a States-man and a Politician but being neither my self I must repeat the same thing over again to my Shame and to your Credit that your Lordship wants a better Master Amongst several of the most Eminent Men which I could recommend to your Lordship I found none so Learned nor indeed so fit to make deep Impressions upon your Mind as your Lordships Noble Father whose Writings belongs to you as well as his Estate I don't doubt but you will strive to get the best share of his Learning nor can you fail of an Extream Delight by drawing Sciences but of the same Spring from whence your Noble Blood did flow His Book then being yours both by Inheritance and by the particular gift of its Authour it would be unjust to present it to any other but your Lordship and needless to recommend it or beg your acceptance for 't Therefore omitting any longer Preface in Recommendation of these Golden Remains I 'll only take leave to make this Observation upon them That as there is nothing wanting in them for your Lordship's Instruction both by Humane Learning and Solid Devotion I have fitted you with the Master that I look't for and whom you wanted From whom having obtained all the Qualifications which your Noble Soul is capable of you have no more to wish for but that you may live and practice 'em and it will be to me both a great Satisfaction and Honour to see my Work finisht by the same Artist who put it first into my hands and trusted me with the beginning of it It will be enough for me that I have put my hands to such a Master-piece and shall be highly honoured if your Lordship take notice of my Endeavours and sufficiently Rewarded if you grant your Protection to him who has no other Ambition than to be Your Lordships Most Humble most Obedient and most Devoted Servant J. Dela Heuze THE CONTENTS I. HIS Lordships Advice to his Children page 1 II. An Essay upon Government p. 36 III. Reasons why King James Ran away from Salisbury p. 56 IV. Observations upon the Attainder of the late Duke of Monmouth with some Arguments for the Reversing thereof p. 70 V. Of the Interest of Whig and Tory which may with most safety be depended on by the Government on the account either of Fidelity or Numbers In a Letter to a Friend p. 82 VI. A Discourse shewing who were the true Incouragers of Popery Written on the occasion of King James 's Declaration of Indulgence p. 88 VII A Speech in Parliament for the Bill of Exclusion That the next of Blood have no Absolute Right to the Crown p. 94 VIII A Speech against Arbitrary and Illegal Imprisonments by the Privy Council Several Laws for the Restraint of this Power Instance of the Exercise of this Power on Sir Gilbert Gerrard about a Black-Box An Objection answered p. 100 IX A Speech against the Bishops Voting in case of Blood Lord Coke 's Opinion against it An Act of Parliament Good to which their Consent is not had Bishops no Peers though Lords of Parliament p. 107 X. A Speech against the Pensioners in the Reign of King Charles II. p. 115 XI A Speech for the sitting of Parliaments and against King Charles the seconds Favourites p. 121 XII A Speech in Parliament on the occasion of some Justices being put out of Commission in the said Reign p. 129. XIII A Speech for the Banishing the Papists p. 133 XIV A Speech on the Corruption of the Judges Laws to prevent it Some Instances thereof particularly Sir George Jeffreys when Judge of Chester p. 138 XV. Some Observations on the Prince of Orange's Declaration On the Exit of King Charles II. and Entrance of the late King whose Administration becoming Exorbitant brought on the Present Revolution The Arbitrary Proceeding of K. James excellently set forth by the Declaration c. In a Charge to the Grand Jury p. 353 XVI A Speech against the Asserters of Arbitrary Power and the Non-Swearers p. 385 XVII A Perswasive to Union upon King James his design to Invade England in the Year 1692. p. 401 XVIII Some Reasons against Prosecuting the Dissenters upon the Poenal Laws p. 412 XIX A Discourse proving the reasonableness of the present Revolution from the Nature of Government p. 421 XX. Whether a Conspiracy to Levy War is an Overt Act of Conspiring or Imagining the Death of the King p. 437 XXI Reasons for an Union between the Church and the Dissenters p. 457 XXII Of the Absolute Power Exercised in the late Reigns and a Defence of King Williams Accession to the Throne Election the Original of Succession Succession not very Ancient Division among Protestants a step to Arbitrary Power Enemies to the Act of Indulgence Disaffected to the Government p. 467 XXIII A Speech concerning Tyranny Liberty Religion Religious Contentions Laws of Advantage to the State cannot hurt the Church Of Conquest Of God's ways of Disposing Kingdoms and against Vice p. 483 XXIV The Legality of the convention-Convention-Parliament though not called by Writ p. 509 XXV A Resolution of Two Important Questions 1. Whether the Crown of England be Hereditary 2. Whether the Duke of York ought to be Excluded p. 541 XXVI The Case of William Earl of Devonshire for striking Collonel Culpepper p. 563 XXVII Arguments against the Dispensing Power p. 583 XXVIII Prayers which his Lordship used in his Family p. 597 XXIX Some Memoirs of the Methods used in the Two last Reigns The Amazing Stupidity of those that would reduce us again into the same Condition p. 613 XXX Some Arguments to prove that there is no Presbyterian but a Popish Plot and against the Villany of Informing in 1681. p. 627 XXXI Monarchy the best Government and the English beyond all other With some Rules for the Choice
It 's said he was every Night drinking till Two a Clock or beyond that time and that he went to his Chamber drunk but this I have only by Common Fame for I was not in his Company I bless God I am not a Man of his Principles or Behaviour but in the Mornings he appear'd with the Symptoms of a Man that over Night had taken a large Cup. But that which I have to say is the Complaint of every Man especially of them who had any Law Suits Our Chief Justice has a very Arbitrary Power in appointing the Assize when he pleases and this Man has strained it to the highest point For whereas we were accustomed to have Two Assizes the first about April or May the latter about September It was this Year the middle as I remember of August before we had any Assize and then he dispatcht business so well that he left half the Causes untryed and to help the matter has resolved that we shall have no more Assizes this Year These things I hope are just cause of Complaint It cannot be supposed that People can with ease or delight be in expectation so long as from May till August to have their Causes determined for the notice he gave was very short and uncertain And I beg you is it not hard for them that had any Tryals to see Councel be at the charge of bringing Witnesses and keep them there five or six days to spend their Time and Money and neglect their Affairs at home and when all is done go back and not have their Causes heard This was the case of most People the last Assize Some Observations on the Prince of Orange's Declaration in a Charge to the Grand Jury Gentlemen THE greatest part of the misfortunes which befall mankind would be prevented did they but keep in mind and seriously consider the most remarkable things which happen to them for then they would not as is every day seen neglect so many advantageous opportunities which by Providence is put into their hands nor split so often upon the same Rock For so apt are men to forget even things of the the greatest moment that it is become a common saying That there is not any thing that is more than a nine days wonder which does sufficiently express the giddiness and want of consideration in Men Of which there never was a more pregnant instance than is to be observed in England at this time For tho the late Revolution was as remarkable as any thing could be both for the matter as well as for the manner of it yet it seems to be as much out of peoples thoughts as if no such thing had happened to us It is a great unhappiness that no more notice is taken of it and it would yet be a greater misfortune if we make no more advantage of it than yet we have done and since it does so much concern us to carry it in our thoughts I hope I shall not mispend your time whilst I give you a short account of the occasion that sent K. J. away and for what reason his present Majesty the then Prince of Orange was placed on the Throne I believe you may remember how much the greater part of the Nation was alarm'd when it was known that the Duke of York had declared himself a Papist by reason of the fatal effects it would have upon our Religion and Liberty if in case he should come to the Crown And the Parliament being no less sensible of this threatning danger made several attempts to exclude him from the Crown by Act of Parliament which was the cause wherefore so many Parliaments one on the neck of another in the latter end of Charles the ll 's time proved Abortive for when the Court could not by any other Artifice keep off the Bill of Exclusion that Parliament was dissolved and another called in hopes to find it of another temper but perceiving that every Parliament began where the other left off of that Scent King Charles took leave of Parliaments for the rest of his time And then all those who had been for the Bill of Exclusion were loaded with all manner of reproaches and amongst other things were called Anti-Monarch-men because they would break into the Succession for that the Exclusion of the Duke of York was used only as a pretence to bring in a Common-wealth To such a degree of madness did the mistaken Loyalty of some people carry them And I wish there were not some at this day who hope to make themselves welcome at Court by calling every thing Anti-Monarchical that is proposed for the good of the Nation At last things being in a posture for the purpose C. II. went off but how is not yet certain to make room for his Brother the Duke of York who began very early to discover himself and in a short time had made so very bold with matters both in Church and State as to demonstrate that the apprehensions of those who would have Excluded him was rather a Prophesie of what he would do than a groundless conjecture for his power swelled so fast that he quickly makes all people to feel the intollerable burden of an unbounded Prerogative so that many who before fell down and worshipt Prerogative were than as hasty to get out of the way of it as they would to avoid a Monster that stood ready to devour them and thereby brought them so far to their Wits as to enable them to see that it is much safer to trust the Law than the King's Will and Pleasure with their Liberties and Properties and that God had no more given Kings a right to oppress and inslave their Subjects than he had indued them with a power to Create Men. For the method which King James took shewed plainly to all the world that nothing less than being Absolute would content him That is he would govern by his Will and force an obedience to his pleasure by his Army for his Administration became more exorbitant every day than other till his present Majesty the then Prince of Orange Landed who as is usual upon such occasions set out a Declaration of the occasion that brought him hither wherein is innumerated many of the irregularities of King James his Administration The first thing mentioned is the Dispensing-power which King James had assumed whereby he gave just occasion for a very loud complaint because it is a most dangerous Instrument in the hand of any King for it not only makes a noise but does certain execution it swallows up Law where-ever it comes and tears up Liberty and Property by the Roots it does not only put every mans right at uncertainty but makes it uncertain whether there is any such thing as Right it is of so diffusive a Nature that if it be exercised in one Kingdom the next that is governed by the same King has cause to think it self in danger This the Parliament had early under their
the Crime and without whose concurrence and assistance it could not have been effected should fall within the condemnation of the Law Petty Lacinary is stealing of a thing under the value of 12d tho it is a small offence yet the fre uency of its being committed requires your care to suppress it I would in particular recommend to you to take notice of Sabbath-breaking And Customary Swearing There are several other offences that are inquirable of by you but I omit to mention them because I believe your own observation will help you therein Only thus much I will observe in general that whatever is an offence against the Publick falls within your inquiry and having said this I will keep you no longer from your business Some Reasons against the Prosecuting the Dissenters upon the Penal Laws I Will offer my Thoughts as to the Prosecuting of Protestant Dissenters at this time upon the Penal Laws But what I design to propose is only what sways with me and not to impose upon any Man but to leave every one to approve or dislike it according to the reasons I shall give To prosecute them who agree with us in the same Doctrines as it is not practiced in any other part of the World no not by the Papists themselves so I fear it will look like a playing of their game for them For it is confessed by the Jesuits that they have found it the most infallible way to bring in Popery into any place by somenting the divisions amongst Protestants And if a Moderation be ever necessary without question it is at this time expedient and the House of Commons were of this opinion when they passed this Vote Jan. 10. 1680 1. That is the opinion of this House That the Prosecution of Protestant Dissenters upon the Penal Laws is at this time grievous to the Subject a weakning the Protestant Interest an encouragement to Popery and dangerous to the Peace of the Kingdom Now how far this ought to be regarded I leave to every Man to consider but to my own particular there seems to be great reason and prudence in it considering our present circumstances If it shall so fall out since the making of the Act of the 22d of this King against Seditious Conventicles that the Dissenters have not at their Meetings preach'd any Doctrine but what tends to instruct and persuade Men to do their duty to their God their King and their Country then we ought to remember his Majesties Declaration from Breda April 14. 1660. which I find in print in these words We do declare a Liberty to tender Consciences and that no Man shall be disquieted or called in question for differences of Opinion in matters of Religion which do not disturb the Peace of the Kingdom and that we shall be ready to consent to such an Act of Parliament as upon mature deliberation shall be offered to us for the full granting that Indulgence Though we are unhappy by reason of the want of a Law for the uniting of all Protestants yet I conceive that this Declaration of his Majesty's is a very plain admonition to us to use a tenderness towards those who preach sound Doctrine and live peaceably with us and for my part I have not heard of any to be accused for Preaching unsound Doctrine or Sedition if there be any such spare them not but let the utmost severity of the Law pass upon them and let them suffer for evil-doing But if there is no proof against them for preaching Sedition or Rebellion it 's hard to punish Men upon a Supposition who worship God in a way that may be acceptable to him And though I can and do conform to what the Church enjoyns yet I have so much charity as to believe that the Protestant Dissenters are in a direct way to Heaven though they do not use the Ceremonies commanded by the Church provided that they worship God in fear with a good Conscience and live according to the Rule of his Word If they love Mercy do justly and walk humbly with God But if a Man professing himself to be of this or that Church shall believe that he may take greater liberty because of his profession I fear it will not much avail him at the last day It 's the Heart that God regards he requires Mercy rather than Sacrifice The Protestants in France are at this time under great Persecution and if we continue to prosecute the Protestant Dissenters here what incouragement can they have to come over hither in hopes of bettering their condition since they will be under the same circumstances with our Dissenters and if not here where can they hope to be relieved And thus their condition is made desperate The prosecution of Dissenters at this time must be for one of these Reasons as I apprehend Out of regard to our Oath or under pretence of serving the Church to assist Popery or else because we are persuaded that they cut off the late King's head If it be out of regard to the Oath then it must be remembred that there lies the same obligation upon us to all other Laws that are within our Charge but we are more especially bound to execute those Laws which immediately respect the glory of God and the common Good and there are several Laws which if duly executed would tend more to the glory of God than prosecuting of Dissenters As common Prophaneness and open Debauchery and the great abuse of Sunday and prophaning of God's Worship by coming drunk to Church and when the Service is over return again to their tippling and spend the rest of the day at that work and yet think they do very well they think they can go to their Houses justified because they can roar and swear they love the King and the Church and wish the confusion of all people who do not with them run to the same excess Whereas they are not to be trusted by the one and are a reproach to the other And the knowledge of these things might easily be come at if we made it as much our business to inquire after these things and incouraged the Informers thereof as much as we do the Informers against the Dissenters The second Reason of prosecuting Dissenters is Under pretence of serving the Church to assist Popery but this is so abominable a piece of Hypocrisie that I hope no Man who professes himself a Protestant will ever be guilty of it The third and last Reason is Because we are persuaded that it was the Dissenters who cut off the late King's head But that can be no inducement because first there is no such publick Judgment passed for it is not declared who did it and there are more who believe it was the Papists than that believe it was the Dissenters and it 's most probable the Papists did it by reason of the great joy at Rome upon the News and the Papists here in England said publickly That now their greatest
tho' the Cause of War had been expresly against his Life yet as one Swallow does not make a Summer so neither does one Precedent prove the Point but besides in that case of Charles the First to infer from thence that the Kings Death is principally intended by levying of War is altogether as weak an Argument as to say because a thing falls out by accident therefore that very thing was the principal Design and Aim of the whole Action For in that War those who first took up Arms did it to oppose the Kings Arbitrary Practices and tho' he was afterwards put to Death yet it was altogether against their intent or desire and most of the Army was against it and would have prevented it but that they were at that time so broken into Factions and Parties that they durst not trust one another for after the Tragedy was acted those who first took up Arms immediately upon it laid them down and were afterwards the chief Instruments in the Kings Restoration But if the Kings Death is the principal thing designed by levying of War To what purpose is the War levyed cannot the King more casily be taken off by poyson or a Private Assacination to the effecting of which opportunities cannot be wanting and so with more certainty they obtain their End and run less hazard in the executing of it than they would by a War except they are not content to Murder him unless they cut the Throats of all those that would defend him Indeed to do it by an open War rather than Poyson or a private Assacination is the more generous way for they give him warning and timely Notice to look to himself like a generous Enemy that scorns to kill his Adversary basely 'T is indeed to go round about for the nearest way Therefore a War when levyed must be for some other intent then to take away the Kings life since when Englishmen enjoy their Rights no Prince is so great and happy in the Heads Hearts Hands and Purses of his Subjects than an English King is But yet allowing that upon every War levyed the Death of the King would certainly ensue if the Rebels prevail yet this Question does not naturally arise Viz. Where is that Statute which does in express Terms say that a Conspiracy to levy War is Treason For if it be not so expresly and literally within some Statute then it is a Constructive Treason and consequently no such Treason as upon which the Judges may proceed if the Statute 25th Edward 3d. was made to any purpose for that Statute restrains all Constructive Treasons or none but if the Judges may in any one Case make a Constructive Treason they may do it in all and so we are left in the same uncertainty about Treason as we were before the Statute 25th Edw. 3 was made If the Judges might Judge upon Constructive Treason yet it seems to be a far fetcht Construction to make a Conspiracy to levy War an Overt Act of compassing the Kings death for this is not to be provably attainted by Overt Deed. First Because that Conspiring the Death of the King and levying of War are two distinct Species of Treason and therefore it would be very unnatural and too much forc't to joyn these two together and as it were to unite them that are so different and diverse not only in the manner and Matter of Proof but also in themselves For then Secondly a Conspiracy to commit any other Treason may also be called an Overt Act of imagining the Kings death which was never yet pretended Thirdly A Conspiring of any one Treason may be an Overt Act of any other Treason Fourthly Any other Criminal Act may as well be called an Overt Act of Conspiring the Kings Death Fifthly This is to make it a Treason of it self for there is very little difference betwixt calling a thing Treason in it self and to make it an Overt Act of some Treason within the Statute Sixthly A Conspiracy to levy War was not Treason at Common Law Seventhly The Statutes of the 23d of Elizabeth and the first and 3d Jac. 4th which make it High Treason to Reconcile any to the Church or See of Rome or to be so reconciled were enacted to no purpose if a Conspiracy to levy War is an Overt Act of compassing the Kings Death for what can tend more plainly and directly to levy War than to perswade the People to renounce their Allegiance to the King and to promise Faith and Obedience to some other Power so that these and all other Statutes concerning Treason which have been made since the Statute 25th Edw. 3d. are as so many Confirmations of it and prove that the Judges can call nothing Treason but what is literally such within that or some other Statute Eighthly My Lord Cook says That a Conspiracy to Levy War is not Treason unless the War be levyed in facto and questionless his Opinion is very good Law because in many Cases it is not Treason to levy War and a Fortiory a Conspiracy cannot for look into the Statute First of Queen Mary 12th where it says If any Persons to the Number of twelve on above being assembled together shall intend go about practice or put in ure with Force and Arms unlawfully and of their own Authority to change any Laws made for Religion by Authority of Parliament standing in force or any other Laws or Statutes of this Realm or any of them the same number of twelve or above being commanded or required by the Sheriff of the Shire or by any Justice of Peace of the same Shire or by any Mayor Sheriff Justices of the Peace or Bayliffs of any City Borough or Town Corporate where any such Assemblies shall be unlawfully had or made by Proclamation in the Queens Name to retire and repair to their Houses Habitations or places from whence they came and they or any of them notwithstanding such Proclamation shall continue together by the space of one whole Hour after such Commandment or Request made by Proclamation or after that shall willingly in forcible and Riotous manner attempt to do or put in ure any of the things above specified that then as well every such abode together as every such Act or Offence shall be adjudged Felony And if any person or persons unlawfully and without Authority by ringing of any Bell or Bells sounding of any Trumpet Drum Horn or other instrument or by Firing of any Beacon or by malicious Speaking of any Words or making any Outcry or by setting up or casting of any Bill or Writing or by any other Deed or Act shall raise or cause to be raised any persons to the number of twelve or above to the intent that the same persons shall do or put in ure any of the Acts above mentioned and that the persons so raised and assembled after Commandment given in form aforesaid shall make their Abode together in form as is aforesaid or in forcible
manner put in ure any of the Acts abovesaid That then all and singular Persons by whose speaking deed act or other the means above specified to the number of twelve so raised shall be adjudged Felons If any Persons to the number of forty or above shall Assemble together by forcible manner unlawfully and of their own authority to the intent to put in ure any of the things above specified or to do other Felonies or Rebellions act or acts and so shall continue together by the space of three Hours after Proclamation shall be made at or nigh the place where they shall be so assembled or in some Market Town thereunto next ajoyning and after Notice thereof to them given then every person so willingly assembled in forcible manner and so continuing together by the space of three Hours shall be adjudged a Felon The things provided against by this Statute are plainly and directly a levying of War yet are they declared to be but Felony But it may be objected that by Statute 3d. and 4th Edw. 6. Those Offences were made Treason it is very true yet it does not alter the Case but rather proves the Point For first it being made Treason by Statute proves that it was not so in it self Secondly Because in the two next succeeding Reigns it is declared to be but Felony for the Statute of Queen Mary is confirmed by Statute 1st Eliz. 16. and therefore the Argument is the stronger because those two Queens were of different Religions Thirdly Because when a thing is declared an Offence by Act of Parliament and is afterwards made a less Offence it proves that it was not so great an Offence in it self but that the necessary Circumstances of Time and Affairs require it should then be such But the Case is yet stronger because in some Cases it may be but a Trespass to levy War as it was in the Case of the Earl of Northumberland 5th Henry 4. He did actually raise Forces and such as was taken to be a levying of War for which he was questioned before the Lords and tryed for High Treason but tho' the Lords did believe the Fact yet they adjudged it but a Trespass because the Power raised were not against the King but some Sabjects This precedent seems to carry great weight in it first because it is a Judgment given in the highest Court of Judicature and Secondly Because it was given so soon after the making of the Statute 25th Edw. 3. and therefore they must be supposed to understand the meaning of the Statute full as well as succeeding Ages The Case of those who aided Sir John Oldcastle might be also urged if there were occasion but what has been already said is sufficient yet one Clause in that Statute 25 Edward 3d. is not to be passed over in silence because it puts the matter out of Dispute and the Clause is as follows If percase any man of this Realm ride Arm'd covertly or secretly with Men or Arms against any other to Slay him or Rob him or take him or retain him till he hath made Fine or Ransom for to have his Deliverance it is not the mind of the King nor his Council that in such case it shall be adjudged Treason but it shall be judged Felony or Trespass according to the old Laws of the Land of old times used This proves That altho' the Statute had made it Treason yet that it was not so in it self and therefore it will follow that if a War may be levy'd which is neither Treason nor Felony so it is unnatural that a Conspiracy to Levy War should be construed to be an Overt Act of Compassing the Kings Death Thus the Second thing Objected has received a full answer and likewise the first in a great measure but to put all out of doubt a few words shall be added to give a compleat answer to the first also If the Consequences on all hands be duely considered the danger will be found to lye on the other hand yet be it as great as it can be pretended let it be considered that the Law has settled the point and so it must stand till by the same Authority it be alter'd for the Rule in Law is not to be forgot Nemo Legibus Sapientior It is to be pretended that out of a tender regard that the Law and all Subjects ought to have for the Kings Life that a Conspiracy to Levy War is taken to be an Overt of Compassing the Kings Death To this it may be answered by way of question How comes it about that this Age should have a greater care and tenderness of the Kings Life than our Porefathers had Can it be Imagined that they did not understand the Nature of the Government as well as we do nor did know of what Consequence to the Publick the Preservation of the Kings Life is Can it be thought that they did not duely weigh and consider the consequence on all hands Yet however were there never so many Defects in it seeing it is settled by Law it cannot be altered but by the same Power for if it may then let the Consequence be duly considered of leaving it in the Breast of the Judges to rectify the Mistakes or Desects be they Fictions or real for then when a turn is to be served the Law shall always be defective and so in effect they shall Legem dare Treason will then be reduced to a certainty that is if the Judges please otherwise not There will be no need of Parliaments for the Judges shall both declare and make Law What will all our Laws signify tho made and penned with all the Wisdom and Consideration that a Parliament is capable of if the Judges are not to be tyed up and guided by those Laws it renders Parliaments useless and sets the Judges above a Parliament They can undo what the other has done the Parliament Chains up some unruly Evil or Mischief and the Judges let it loose again But besides where is this dangerous Consequence as is objected Indeed there had been some weight in the Objection had a Conspiracy to levy War been left wholly unpunishable but the Law has provided a punishment commensurate to the Offence and tho' it does not extend to Life yet is sufficient to deterr Men from the Commission of it yet if a Conspiracy to levy War is to be punisht in a high degree as a War when levyed this would be to punish Thoughts as highly as Deeds which if it be just yet it is Summum jus VVhere the Law has provided a Punishment for an Offence the Judge can pass no other Judgment upon the Prisoner no no more than the Executioner can execute the condemned Person in any other manner than according to the Sentence passed upon him without incurring the Guilt of Felony for the one is but the Officer to declare or promote the Law and the other the Minister to Execute it Therefore upon what has been said
In my poor Opinion I do not apprehend that a King who comes to the Crown by Election should think worse of his Title than if he had come in by Succession nor that the People should suspect that they hold their Properties and Rights more precariously under a King that is Elected than under one that claims the Crown by Succession but rather the contrary For the People are under a more immediate Obligation to stand by and support the King they have Elected than any other that takes the Crown by Succession and on the other hand it more highly impowers him as well in point of Gratitude as policy to preserve the good Opinion of the People by Governing well than if his Title were by Succession For I am far from believing that a King who comes in by Election may make more bold with the Laws than he that claims under any other Title or that his Right to the Crown continues longer than by his Administration it does appear that his Interest is the same with that of the Nation The next Deceit by which the Nation was to be gulled into Popery and Slavery was by fomenting Divisions among Protestants and especially about the Terms of Communion making them so strict and narrow as to exclude the greater part of the Protestants in England and four parts in ten of the rest in the World That this was not to promote Gods Glory and Salvation of mens Souls but to serve some wicked Design is clear to me for these Reasons First Because the Laws against Dissenters were stretcht and executed beyond their genuine and Natural Intent or Constitution Where fair play is intended such Tricks are altogether needless but dayly experience proves that when they are made use of something else is designed than what is pretended True Religion needs no such Methods to support it the Nature of which is Peace and Charity And besides such forc'd Constructions being nothing less than Summum Jus are abhorred by our Law and it terms it to be no less than the highest Injustice The Second Reason for my Opinion is because that several Laws were put in Execution against the Dissenters which are plainly and directly made for other purposes by which the Law it self suffered Violence and so made it evident to every man that had a mind to see that some foul design and not the Church was at the bottom of the Business Another Reason is this Because more diligence and care was imployed to punish people for Nonconformity than to reform their Lives and Manners For if a man was never so openly wicked and debauched and Scarcely if ever saw the inside of a Church yet if he could talk aloud and swagger for the Church storm against and pull Dissenters in pieces he was cryed up as a good Son of the Church an honest man and truly affected to the Government whilst those who could not come up to the Ceremonies injoyned by the Rubrick tho' their Lives in all other respects were upright and their Conversation unblamable yet were called Villains and Rogues and Enemies to the Government as if the outside and Ceremonious part of Religion was more to be valued than the Substance and Essence of it which puts me in mind of a Play where this Nonsensical Zeal is very well exposed Spanish Fryer I could never yet meet with any precept in all the Gospel that does justify such Proceedings as I have mentioned but there are several that expresly condemn it to me it seems altogether inconsistent with the Charity which is expected to be found in all those that hope to enter into Heaven and it seems to be little less than teaching for Doctrine the Traditions of Men and to add to Gods word which is prohibited under no less a penalty than that of Damnation I am far from being against Order and Decency to be observed in the Church yet under that pretence we are not to forget the Rule of Charity and I cannot see wherefore those things should be made Terms of Communion That are not Terms of Salvation I was always of that Opinion that it would never go well with England till every man might worship God in his own way for nothing can be more unreasonable than to expect a man should believe otherwise than according to the Conviction that is upon him And therefore I cannot but wonder at those who take Offence at the Act of Indulgence which tends so much to our peace by quieting the Minds of People as to their Religion which has ever been the handle for our Intestine Troubles the Incendiaries of the State having ever made use of it as the best pretence to imbroil the Nation and therefore I for my part do think the Act of Indulgence was a necessary and pious Work and cannot imagine why any man should think that to be a Disservice to the Church that tends to the Peace of the Nation they that do I must believe they are not much concerned in the Cause of the Church and their Country and care not what is uppermost provided they can make fair Weather for themselves Therefore Gentlemen if any speak to the Disadvantage of the Act of Indulgence you ought to present them as disaffected to the Government and Sowers of the Seed of Divisions in the State But I desire to be rightly understood I don't say this to diswade any man from coming to the Church for I go constantly thither my self I wish every Body could do it as easily as I do and I wonder it is otherwise for I never yet heard any good reason for practicing the contrary yet I think unless a man be satisfyed in that way of Worship it is better to keep away than to come for otherwise it is to mock and not to serve God and on the other hand it is no less a mocking of God when a man from an over Assurance of the gift of Prayer shall adventure to Pray in Publick without having before-hand well digested his Matter and Words and thereby happen to let fall crude naucious Expressions such as would be ridiculous in Conversation for I am far from believing that Nonsence can be the Effect of Fervency but rather of Affection or something that is very despicable And here it will not be improper to take Notice of those Persons who go to no Church at all but spend the Sunday in an Ale-house or otherways idle it away very unprofitably Against such as these was that Law of Twelve pence per Sunday intended and were it duly put in Execution a great deal of that dishonour that is done to God by such Prophanation would be prevented and the poor would be relieved with less charge to their respective Parishes I wonder that the petty Constables are not more careful to make a true Presentment at every petty Sessions of those that herein offend the Glory of God and their own Interest being so immediatly concerned therefore Gentlemen I doubt not
affected to prevail with the King to adjourn prorogue and dissolve Parliaments when they were doing thiâ—â—â— of the greatest moment for the Nation and on purpose to defeat those very matters they had in hand If he will adventure to do these things whilst he is a Subject what may we not justly expect from him if he happen to be King But notwithstanding all this some will say That the Word of God will not allow us to put by the next Heir to the Crown be he what he will because by Moses 's Law the next of Blood must inherit Truly I am for that too when we are in a good Breed but as our Case stands I cannot yield to it But under favour I conceive that this Text also obliges no otherwise than according to the constitution of every Government for if the Mosaick Law be our Direction then the Duke will be King of a third part of these Dominions before his Brother is dead for by that Law the Eldest was only to have a double Portion and no more and then I pray what Absurdities will follow upon this Doctrine But it is most plain that this Law related only to private Families and had no regard to the setting up or pulling down of Kings for when the Law was given the Children of Israel had no King nor any prospect of it and it was several Ages after that before they petitioned God for a King and Saul was the first and the Practice after Saul puts the Matter out of Controversie for when Saul was dead David was anointed though there remained several of the Seed of Saul After David Solomon was anointed tho' Adonijah was his elder Brother and his Mother the honester Woman of the two When Solomon was dead Jeroboam rent away ten Tribes from Rehoboam and so on But these Instances are sufficient to prove that the Israelites did not believe that they were obliged to chuse him for their King that was next of Blood And if they might do this who had the presence of God amongst them and his immediate Direction more than any other People certainly then we cannot be said to sin against the Light And besides in all private Families there is care taken to preserve the continuance of them by disinheriting the eldest Son when it is perceived that he will ruine the Estate if he be ever possessed of it but to this some will answer That it is seldom seen that ever any Family prospered long where the right Heir was set aside I think so too when the right Heir is deprived of his Birthright for no just cause but we find that several Families have continued many Generations after that the right Heir has been rejected and yet tho' an ill Fate should always attend that Family where this is done yet is it not better to continue it two or three Successions longer tho' with a certainty of Ruine at last rather than suffer it to come into the Hands of him who will in a few years perhaps months bring it to nothing You cannot but have heard of Maud the Empress who was Daughter to Henry I. what Trouble and Bloodshed she caused in England in the days of K. Stephen and this is often insisted on to shew what evil Consequences there will follow upon secluding the Duke It is true she made a great bustle but she had that to pretend which the Duke has not for the Nation had taken an Oath to her in the life-time of her Father and from that she might presume very much but the Conditions were not performed upon which the Oath was taken and therefore the Obligation was void and the People were at liberty to chuse whom they pleased But besides whether the Duke get the Crown or no much Blood must be spilt for we must either fight or burn and whether it be not better to exclude the Duke by a Law and adventure our Lives in defence of that and all our Laws and Religion into the bargain than to let him come to the Crown and at best hand hang up Thousands of worthy Men if he do not extirpate their Name and Families but to be sure all those who gave their Votes to the Bill nay all that have declared their Approbation of it and all their Friends and Relations are destin'd by him and the Pope for Destruction if not all them who voted to elect them Members of Parliament And how far this will extend let any man consider Sir I am now come to your last Doubt which is How far we ought to obey the Duke if he happen to be King and there be no Law I mean no Act of Parliament to exclude him This is truly a tender place and ought to be handled only in the Parliament House but because I dare trust you in this captious Age I will lay before you some things that I think cannot be denied It is a known Maxim in our Law That protectio trahit subjectionem subjectio trahit protectionem These are plain words and are of as clear a sense that is not equivocal or capable of a double construction and I take them to be the mutual Bonds between a King and his People and one introduces the other and they cannot be separated for if Protection draws after it Subjection and Obedience incites Protection then whether or no can there be Protection where there is no Subjection or can there be Obedience where there is no Protection and then if it be not done on the one part how can it be required from the other for if the King shall go about to destroy the Government or take away our Properties does he not disown us and deny us his Protection and then I pray what Obedience is due to him that regards us not Or if the Subjects shall not obey the King's Writs or other Commands which by Law he may require from them do not they disown him and forbid him to concern himself with them and then I pray what has he to do but to do to them as they have done to him And this will be the case should the Duke being a Papist come to the Crown We see already that his Inclinations are for our Destruction and besides his Religion obliges him to it and therefore what Protection can we hope to have from him whose Conscience and Desire are united for our Ruine for it is not in the power of a Popish King to preserve us for if he will protect us and the Pope command our Destruction he must either violate his own Conscience or give us up to Ruine So dangerous a thing it is to depend upon the Conscience of a Papist who cannot be tyed or obliged by any Oaths or Obligations and it is safer to have a Protestant King tho' he has no Morality rather than to live under a Popish King tho' he be the best Man living Altho' I have heard many say How came it to pass that we retain'd our Properties
us I fully agree with every man who is of that Opinion but if by this Assertion any would insinuate that there is a Plot against the King and Government carried on by all or any of the Dissenters besides that Plot of the Papists I cannot subscribe to it because where God Almighty permits me to use my Reason I cannot believe but upon clear evidence and I have not met with any thing that can warrant such an Opinion and therefore in things of this or the like nature we ought to explain our selves very clearly lest by leaving the matter under a doubtful construction we may against our intention cast an Imputation upon them who do not deserve it I am apt to believe that he who is most strongly possest with the Opinion That the Dissenters have formed a Plot against the King and Government will not adventure to justifie it before His Majesty and a Parliament and certainly that Opinion which will not abide the Test of the King and Parliament is not much to be valued But he who believes that there is a Popish Plot for the taking away of His Majesty's Life which God long preserve and the altering of Religion and Government may avow his Opinion to all the World because he has an undeniable Authority for it for His Majesty in Parliament and both Houses have declared no less but we do not find that His Majesty or either House of Parliament has made any Declaration that they have so much as in suspicion any other sort of People who are designing against his Life and the Government I think it is agreed by all that this Government is the best in the World for it gives the King a Prerogative whereby he may appear great both at home and abroad and it gives the Subject such a Right and Property in his Person and Goods that he cannot be deprived of either without his Consent unless for the breach of some known Law and besides Prerogative and Property help and support each other that is when they are rightly understood and applied for the Interest of King and People are as inseparable as the Sun and Light but when Prerogative and Property stand at a distance it is occasioned either by overgrown Favourites who by their Counsels and Actions have render'd themselves obnoxious to the publick and therefore so shroud themselves from Justice advise the King to insist upon something as his Prerogative which tends rather to hurt than preserve his just Prerogative or else from some ambitious restless Spirits who burr into the People that this or that is their Property which in the end will make their Just Rights to be Felo de se And what cares the one or other of these Make-bates for they are for the most part men of desperate Fortunes who having little or nothing to lose cannot doubt to reap advantage by the publick disturbance But to avoid the Evil on either Hand I think it would be a very good Rule to consider how far what is insisted on does quadrate with the Common Good and if they find that it does not agree to that Rule then to let it go as a thing that is against their true Interest It is agreed on all sides that there is a Plot for to Murther His Majesty and to alter the Religion and Government but whence our danger does arise who is the Common Enemy and against whom we are to unite is that which makes the Dispute and Divisions amongst us I take it to be an undeniable Truth That every State or Kingdom must expect to receive the most frequent and greatest Affronts and Injuries from such of their Neighbours whose Support and Interest does least depend upon them And every Government must in reason expect its Disturbances and Disquiets from such Subjects whose Interest does least depend upon the preservation of the Government And though I will not hastily judge any Man yet when there is a Plot against the Religion and Goverument they are with most reason to be under the suspicion of it who are of a contrary Religion and acknowledge a foreign Jurisdiction until there is very good Proof to charge it upon some other People I am verily perswaded that there are several Papists in England whose Quietness of Temper may make them very averse to give the Nation any disturbance and I heartily wish they were all such But when I consider the greater number of them and the Slavery they are under to their Priests I must be under an apprehension that they cannot intend us any good because their Religion is oppofite to ours and they look upon themselves as under another Jurisdiction but I know that not many years since Popery was a thing of a remote consideration and that they who declared their Fears of it were by those who called themselves the King's Friends accounted Enemies to the King and ill-affected to the Government Yet since the discovery of the Plot has proved their Fears were not groundless I suppose it is no difficult point to determine who are to be blamed they who were afraid of Popery or they who reprehended them so severely for their Fears for the Proof of the present Conspiracy of the Papists is so clear and evident that there remains no room for a Doubt whether there is such a Plot or no. And who is not confirmed in this Opinion since His Majesty and both Houses of Parliament have declared That there has been and still is a damnable and bellish Conspiracy contrived and carried on by the Popish Recusants for the assassinating and murthering the King for subverting the Government and destroying the Protestant Religion now by Law establish'd Now can any Man be so hardy as to think that His Majesty would lay so severe an Imputation upon a great part of his Subjects for God knows they are too many who are of that Perswasion or that the Parliament would pass so great a Censure upon such a number of their Fellow-Subjects without plain and evident Testimony and such as must convince every man but he who will not believe for by this Declaration they have avowed their Opinion to the whole World And there is one thing which further confirms me in the belief of a Popish Plot because in some of the Evidence it is declared That the Papists never had such hopes of restoring their Religion since Q. Maries days as at this time for it seems they had prepared every thing to their Hearts desire if His Majesty were but out of the way and how near they have been to effect it is horrible to remember and it 's a wonder they have not done it since they have not stuck at any thing whereby they might attain it And if we also consider how many fair Opportunities they have had we may conclude that God Almighty has wonderfully preserved him and may he always have him in his keeping But notwithstanding all this some do take upon them to say That there is
no Popish but a Presbyterian Plot I doubt there are too many who account it Loyalty to oppose every thing that the late Parliaments have done and though there be never so much Reason in the thing yet if the Parliament had a hand in it it is a sufficient ground to them to traduce it But though they are resolved to think amiss of what the Parliament has done yet in the point of the Popish Plot they may allow the Parliament to be in the right since His Majesty is of the same opinion for he that shall oppose his Judgment against the Opinion of King and Parliament must needs tax them with a great deal of rashness and haste in their Declaration or else profess himself to be a Man of a very extraordinary Understanding and Observation that can see further into the matter than the King and Parliament If there be any man that is acquainted with this Mystery that is hid from the Eyes of King and Parliament it is no doubt a Duty incumbent upon him to reveal the Secret to his King and Country that they may no longer continue to harbour an ill Opinion of them who are not blame worthy He that can believe that there is no Popish but a Presbyterian Plot must also believe that both the Papists and Presbyterians have now changed their former Principles and Practices The Principles of the Papists are incomparably laid open by the Bishop of Lincoln by which every man may see how dangerous and destructive they are to all Civil Governments And the Church of Rome holds it to be lawful to promote their Interest by any way or means though never so contrary to the Word of God and Common Morality or Honesty Accordingly it has been their Practice which produced the Parisian Massacre where so many Protestants were barbarously murdered in one night And in K. James's time the Powder Treason when the King and both Houses of Parliament were to have been blown up and the rest of the Protestants were to have tasted of the same Cup. And in the late King's time the Massacre in Ireland where of Two hundred Thousand Protestants that fell into their Hands not one escaped and all those perish'd in one Month. And the same measure we must have had if their Plot had not been discover'd by which they had designed to turn the whole Land into a Butchers Shambles I don't mention these Particulars as all the Instances of their barbarous practices I only give you these as Examples of what they do elsewhere for in all places where they have endeavour'd to establish or propagate the Romish Doctrine and Superstition it has been carried on by Blood and Cruelty which proves it to be a false Religion for this is contrary to the Precept and Example of our Saviour and his Apostles who had recourse to no such things when they propagated the Christian Faith but to strong Reason and evident Truths for it is not the way to convince Men of the Truth by Hardships and Severities for by such Methods we can only hope to make Hypocrites but not to gain Proselites and besides it is an undervaluing of the Almighty Power of God as if he stood in need of such assistances to establish his Truth But the Presbyterians are not of such Principles they are willing to assist the Government against the Papists for they have no other Interest and therefore I cannot believe them to be like the foolish Woman that pulls down her House with her Hands And if we should believe that their Principles enclined them to practise against the King and Government I doubt it would cast a Reflection upon that which we would be loth to hear ill spoken of for as they differ from us only in some Indifferent Ceremonies but agree with us in Doctrines and Fundamentals therefore their Interest is the same and accordingly will their Inclinations carry them Their Practice proves them to be true to their King and firm to the Government for when the Popish Subjects have rebelled against their King they have always stuck to their Prince and that too in Popish Countries Examples hereof there are very many and the present French King on this score owes a great deal to them of the Reformed Religion for when his Popish Subjects rebelled and would have set up another in his room they stuck to him and setled him in the Throne It was the Presbyterians who were chiefly instrumental in his Majesty's Restauration whilst others who called themselves The Royal Party sate still to see the Game play'd and when they saw which way the Scales would turn were ready to applaud the Victor let it fall to which side it would And His Majesty was so sensible that the Presbyterians were chiefly instrumental in that Work that he declared himself in favour of them in these words From Breda April 14. 1660. WE do declare a Liberty to tender Consciences and that no Man shall be disquieted or called in question for Differences of Opinion in Matters of Religion which do not disturb the Peace of the Kingdom and that we shall be ready to consent to such an Act of Parliament as upon mature deliberation shall be offered to us for the full granting that Indulgence This is not so very long since that it can in probability be imagined that they should now be so clean altered to the contrary as to practise against the King and Government I don't wonder that there is a noise of a Presbyterian Plot but it is some cause of admiration to me that so many seem to believe it I can't tell what Information others may have met with whereby they are prevailed upon to believe it but all that I can understand that has given ground for such a Suspicion is the Accusations against Colledge and my Lord Shaftsbury which methinks is too slender a proof to charge so many Thousands with a Conspiracy against the King and Government for in the Tryals both of Colledge and my Lord Shaftsbury it was not so much as attempted to prove a Plot in general though at Colledge's Tryal it was urged That that Method would be the more regular proceeding but in both the Tryals the Evidence was levell'd against them chiefly without fetching in such numbers as are necessary to make it a Plot of the Presbyterians I shall not say any thing whether the Evidence against both or either swore true or not nor of the Improbabilities of some of them but this I think I may say That the things chiefly insisted on against either of them were only Indiscretions committed by them surely then it will be very severe to charge so great a part of the Nation with a Plot because my Lord Shaftsbury and Colledge had overshot themselves if all were true that was sworn against them It is no new thing for the Papists to put Sham-plots upon others and the Papists are never nearer to execute a Plot of their own than when there is the
may have them And hence it might come to pass that the Son succeeded the Father as it befel in the case of Henry III. his Father K. John had been quarreling with his Barons and they called in Lewis the F. Prince to their aid and several swore to him but K. John dying and the Nation being willing to be at rest they chose rather to have Henry III. being a Child whom they had hopes to train up in the Principles of an English King than to admit Lewis who was a Foreigner Or else that out of Gratitude to the memory of their deceased King who had done good things for the Nation they chose his Son believing him to inherit his Father's Vertues and therefore deserved the Crown better than any other person as it befel in the case of Edw. II. and Rich. II. and Hen. VI. who all deceiv'd them and therefore were deposed I think the rest of the Instances where the Son has followed his Father into the Throne are where the Succession was continued to them by Act of Parliament or by Election in the life-time of the Father as it happen'd in the case of Rich. I. and Edw. I. But I think it is without all dispute a known Custom in England that where a man has any Estate either real or personal if it came to him by Descent although he has no further power of it yet during his Life he may dispose of it as to him shall seem meet and divest himself of it to all intents and purposes And therefore if the Crown of England comes by descent what hinders that he who enjoys it cannot alien or dispose of it during his own life for whenever it has been attempted the People has still opposed it as in the case of K. John when he laid down the Crown at the Feet of Pandulphus the Pope's Legate and he kept it three days for the Pope's use this being done without the Consent of the Nation the King was told He could not make any conveyance of it without the leave of the People and although he had the Pope for his Second who was obliged to stand by him in maintaining what he had done not only out of the advantage he would gain hereby against King John and his Successors but also to encourage his other Sons to the like Dutifulness and Obedience yet the People were Victors and the King fairly gave up the Cudgels Which methinks clears the Point very well for our Lawyers tell us That a President where the thing has been disputed is worth a thousand where there was no Contest I will give you another Instance though not the very same yet I think not impertinent to be mentioned Q. Mary upon her first enjoyment of her Husband Philip was very fond of him and thinking nothing to be too good for him she had a great desire to have him crowned but notwithstanding her Importunities the Parliament would not consent and she never had her Desire Whereas if the Crown had come to her by descent she need not have asked the Parliament leave nor had K. John been to blame to give away that which was absolutely his own It is true that in the life-time of H. II. his eldest Son was crowned but he first acquainted his Lords with his purpose which implies that he asked their consent which is very probable because they swore Allegiance to him which they would never have done had it not been with their good liking for the Lords were more sturdy in those days than they are in ours for they would yield no further than they saw there was Law and Reason for it I have heard it objected That the three Children of Hen. VIII succeeded to the Crown by his Will it may be so and yet not clear the point That the Crown comes by Inheritance for Hen. VIII had shaken off the Pope's Authority and the People might be very willing to accept his Son Edward for their King and it had been a wonder if they had refused him seeing he was a Protestant and one like to perfect the Reformation But in his Successor Q. Mary we find the President of bequeathing the Crown by Will overthrown for Edw. VI. by his last Will had given the Crown to Jane Seymour and to make the thing more valid he caused the Nobility Bishops and Judges to set their Hands to it and yet Q. Mary prevailed against this Will but Arthur Son to Jeoffery who was Brother to Rich. I. and K. John was not only Son to the elder Brother but was designed by Rich. I. to be his Successor to the Crown So that if any thing would have prevailed against the Election of the People without doubt Arthur would have had the Crown and John must have waited longer But if the Crown of England comes by Descent or Inheritance I desire to ask by what Title all the Kings and Queens since the Conquest have possessed the Throne for no man can have the face to say that the first William came in by Descent but that his Title was either by Election Conquest or Vsurpation and all that have succeeded him out of his Loins are upon the same bottom with him and if his Title was not by Election then he and all his Successors can be termed nothing but Vsurpers who came in by force and have maintained it by might against Law for it is very well known that a Possession which is illegal at first cannot be better by continuing it nor does it mend the matter if they hold it never so long the Right remains the same And therefore having said this I do presume it will be as difficult to understand those things mentioned in the 30th Chapter of Proverbs Verse the 19th as it is to prove that the Crown of England comes by Descent But possibly when there shall be a Man so much wiser than Solomon that can unriddle those four things he may be able to clear this first and resolve all other Doubts that may be proposed to him but till that be I hope the People will hold their Right in disposing of the Crown and not be bound to admit the next of Blood if he be not fit for it I will now Sir proceed to your second Demand Whether the Duke ought to be excluded and to that I do answer affirmatively That he ought to be set aside for if he had not deserved it very justly the late House of Commons would not have been so vigorous and intent upon the Bill neither would the preceding mercinary House of Commons have said a word against him if his Faults had not been very plain but the whole thing is so evident that there needs nothing more to enforce the Reasons for his exclusion for Is it a small thing to hold a Correspondence with the Pope and the French King the two great Enemies to our Religion and Government to procure Pardons for Papists and keeping none about him but Papists or Popishly