dangerous and banished return again If any dangerous Rogue branded in the Shoulder return again to a roguish life Felonies against the Possession of another If any break a Dwelling house in the Night with intent to do any Felonious Act there If any rob another by the Highway or take any thing privately from his Person If any take the Goods of another in his absence with intent to steal them If any Servant go away with his Master's Goods delivered to him with intent to steal them being the value of 40 l. or upwards If any rob a Church If any maliciously burn the House or Stack of Corn or Barn of Corn of another If any do the second time forge any Deed Evidence or Writing and publish it to be a good Deed. If any acknowledge a Fine or Judgment or Deed to be enrolled in the Name of another and not being the true person If any Persons above twelve in number raise any Tumults or Vnlawful Assemblies If above forty Persons shall assemble together to do any unlawful act and shall continue together three hours after proclamation for their departure If any depart out of this Nation to serve a foreign Prince without Leave and before Bond entered and Oath taken according to the Statute If any perswade another to commit any Felony or receive and assist any Felon after the Felony committed these are Accessaries to the Felony If any rescue a Felon from Prison If any Felon break Prison and escape or be suffered to escape and be reseued In both sorts of Felonies some have the Benefit of Clergy others not and because it 's their Duty only to present them therefore I have not troubled you with their distinctions but have given you them in part Misprision of Felony If any one know another to have committed Felony and don 't reveal it The next thing I am to acquaint you with is Trespasses and Offences against the Peace which are Finable If any menace assault beat or wound another If any make unlawful entry upon another Man's Lands or unlawfully take away other Mens Goods If any make unlawful Assemblies Routs and Riots You are to present all Seditious Conventicles according to 16 Charles 2. where there shall be five persons over and above them of the Family who shall meet together under colour or pretence of any Exercise of Religion in any other manner than is allowed by the Liturgy of the Church of England Now Gentlemen although this Law does seem to comprehend all Dissenters yet certainly not all alike for it would be unreasonable that they who only differ in some things from the Church of England should be as rigorously intended by this Law as those whose Worship and Principles are quite contrary to it and I think the very Title of the Statute is an Argument for me which is thus Seditious Conventicles suppressed If it had been only Conventicles suppressed then I should have been of another opinion And therefore Gentlemen my opinion is that this Law is rather intended against the Papists Quakers and others of that sort than against them who come nearer in their manner of Worship to the Church of England And without question at this time it is not prudent to be very strict against them who differ from the Church of England only in some Ceremonies in regard the Common Enemy to our Religion and Liberty is now very active I mean Popery and therefore it is very great Policy to unite our selves that we may be the more able to resist Popery I am sure that this is not a time to harase or pull one-another in pieces for some small Points in Religion I am sure it is that which the Pope and Church of Rome will esteem as a very great and meritorious piece of Service He that shall say or sing Mass forfeits 200 Marks and Imprisonment a year and after that till the Money be paid To hear Mass forfeits 100 Marks and Imprisonment a year He forfeits 20 l. per month who does not come to Church and if he forbear a year to be bound in 200 l. to the good a bearing till he conform 23 Eliz. 1. A Conformed Recusant not taking the Sacrament the first year forfeits 20 l. the second 40 l. and for every year after 60 l. Every Recusant that shall not come to Church forfeits 20 l. for every month Who shall be absent from Church for every Sunday forfeits 1 l. and for want of Distress to be committed to Prison To relieve or maintain a Recusant not going to Church forfeits for every month 10 l. To retain in ones Service a Recusant who shall not repair to some Church forfeits 10 l. per month 3 Jac. 4. Now Gentlemen you must understand that by by the word Recusant is meant Popish Recusant and no other whatsoever They who shall send their Children beyond Seas without License according to Law forfeits 100 l. 3 Jac. 5. If any chide brawl or draw a Weapon to strike or do strike in Church or Church-yard If any keep a Fair or Market in a Church or Church-yard If any voluntarily disturb the Preacher in his Sermon The next Matters that I am to acquaint you with are Offences against Justice in general If any be a common Stirrer and Procurer of Law-suits or a common Brabler or Quarreller among his Neighbours this is Barratry If any maintain the Law-suit of another to have part of the thing in demand this is Maintenance or Champerty If any get Goods of another into his Hands by false Tokens and Messages this Deceit is punishable If any counterfeit a Deed or Writing and publish it as true this is Forgery If any corrupt a Jury-man by Bribery or Menace to divert him from giving a just Verdict this is Imbracery If any wilfully and corruptly swear falsely in Evidence to a Jury it is Perjury and to procure another so to do is Subordination of Perjury And here I think I may mention Bailiffs and other Officers taking or demanding unlawful and unreasonable Fees None ought to practise as an Attorney but such only as have been bred up Attorneys at Law and not every little Catchpole that has read over a Book or two for these are they that do all the Mischief because Ignorance and Knavery for the most part go together and I doubt there are some who practise in this Court who are not duly qualified for it The next things you are to enquire into are The Neglects of Constables If he do not hastily pursue Hue-and Cry after Murtherers and Robbers If he do not truly execute and return all Warrants sent to him from Justices of the Peace If he do not apprehend Beggars Rogues and Vagabonds that are wandring or begging within his Office If he do not punish by Stocking such as refuse to labour in Hay and Harvest time If he do not present at the Sessions or to the next Justices the Disorders in Alehouses Defects in High-ways Recusants absence from Church
a share in building a House that lays here and there a Stone as he that lays the Foundation and raises much of the Superstructure upon it which is the very Case betwixt the high Church-men and the Dissenters and though our high Church snarle at the King and treat him with over-familiar Language yet what they have said and done does not so much denote their repentance as that they are disobliged and disappointed because it is not accompanied with amendment of life which is the truest sign of penitence for I doubt there are very few of them that can boast that they are less debaucht and profane If the matter then be so and they on their part have not done any thing to invite or incourage the Dissenters to come to Church they should be the least of all Men that should complain of their absenting Upon the whole Matter then The Dissenters by falling in with the Indulgence have done that which in the consequence will set up Arbitrary Power But the high Church-men have in express terms preached up and assisted Arbitrary Power and have treated the Papists as their Friends So that they having been chiefly instrumental and layed a Foundation for Popery and Slavery I may without pretending to the gift of Prophecy adventure to say that whenever it comes to extremity the greatest brunt will light upon them and their Heads will sheild the blows from others who used all lawful means to have prevented the Mischeif that is coming on apace Thus I have laid open the Fault on all sides let then the high Church be more charitable and the Dissenters less stiff and sweamish and let every one indeavour to live like People professing the Gospel and I hope that God may yet have mercy upon this poor Nation A SPEECH IN PARLIAMENT FOR THE Bill of Exclusion I Wish I could have been silent and I wish there had not been an occasion for this dayes debate but since we are brought into this condition it behoves every Man to put to his Shoulder to support this tottering Nation And in this Matter that is now before us we ought to consider very well for a great deal depends upon it and therefore I hope that every Gentleman will speak and Vote as God shall put it into his heart without any prejudice or pre-possession A Bill to Exclude all Papists from the Crown will produce a great many Inconveniences on both hands because his R. H. being a Papist it will set him aside therefore we are to consider which is the lesser evil and to choose that If the D. be excluded you are told how unjust it is to take away his Right from him that the Crown is his Inheritance if he survive the K. and besides you provoke him and all the Papists in England to Rise and cut our Throats On the other hand it 's plain that when we shall have a Popish K. our Religion and Laws are not secure one Moment but are in continual danger So that the case in short is this Whether we shall sit still and put it to the venture of having a Popish Successor then we must either submit our Heads to the Block or fight and be Rebels Or else to have a Law that will justifie us in the defending our Religion and Laws In plain English whether we would fight for or against the Law I think I have put it right and now let every Man make his choice that loves either his God or his Countrey As to the D's Right to the Crown I wish it were clearly known what sort of Right it is he claims and whence he derives it He is not Heir Apparent neither do I think that our Law knows any such thing as an Heir to the Crown but only as a Successor And therefore the D. nor any other whatever can pretend the same Title to the Crown as the Son of a Subject can to his Fathers Estate after his decease for with Subjects they do not succeed but inherit It is not so as to the Crown for there they succeed And it is from a not rightly considering the word Heir as it is a Synonymous term with that of Successor that has made so many to be deceived in the D's Title to the Crown for this word Heir to the Crown was not heard of till Arbitrary Power began to put forth Before William the Conquerour's Time it would have been a senseless word when the people set up and pulled down as they saw cause And till Queen Elizabeth it was not much in fashion when the Crown was so frequently setled by Act of Parliament and the Next of blood so often set aside when the Son seldom followed his Father into the Throne but either by Election in the Life-time of his Father or else by Act of Parliament So that to make the D. either Heir Apparent or Presumptive to the Crown it must be proved either by the Constitution of the Government or by some Law or Act of Parliament If therefore he has a Title to the Crown it 's necessary to know what it is and whence he has it but if he has none it 's not unjust to pass the Bill or any otherwhere he shall be particularly named But I will say no more of this least I may seem to be against Kingly Government which I am not If the D. be Excluded because he is a Papist yet it is no injustice Why will he be of that Religion that the Law endeavours to suppress The Subjects who are of that Religion forfeit Two parts in Three of their Estates and shall any Subject by reason of his Quality be exempted from the Law I hope not Besides if a Subject forfeit two parts it 's reasonable that the next of blood or any that is of that Religion should be excluded from the Crown because the Law has prohibited all Papists from having any Office Civil or Military because their Principles are inconsistent with the Government and then how preposterous would it be to make him the Head of the Church and the Preserver of our Laws and Liberties whose Religion obliges him to ruine and destroy both So that if the D. had not by his practices given us just cause to except against him yet barely as he is a Papist he ought to be Excluded But when it is considered that he has held a correspondency with the Pope and the French King to subvert our Religion and Laws what protection can we expect from him if he be King It is a sensleless thing to imagine that he will not disturb us in our Religion and Laws seeing whilest he is a Subject he is practising to destroy us and them Therefore for my part I think we betray both our Religion and Laws if we do not pass this Bill There is one Opinion which prevails much in the World which as it is false so it does a great deal of hurt and that is this That every Government in the World was
consideration and prepared a Bill for taking away the Dispensing-power which by the help of some other things that were in the same Bill obtained the Royal Assent and so it passed into a Law The Declaration then takes notice that for the better introducing of the Dispensing-power That the Judges were prevailed with to declare that such a power is a right belonging to the Crown and in order to it the Judges opinions were discovered before-hand and such as would not comply were turned out thereby to intimate to the rest that they might act at all times as they should be directed This indeed was a very high aggravation of it this was not to use the Law lawfully but to establish Oppression Violence and all manner of Iniquity by a Law For whoever shall endeavour to influence the Judges in their opinions by what means soever he seeks to intimidate them whether it be by turning them out of their places withholding their Sallaries or putting others over their Heads does plainly discover that he aims at nothing less than to Govern by his Will For the apprehension of losing a good imploy is not above the ordinary rate of men and the stopping of a Judges Sallary must have the same effect because it 's all one whether a man is turned out of his place or the profits of it are withholden from him and that Judge is exposed to a powerful temptation who sees he cannot rise in course unless he will comply The Parliament being sensible how much the Justice of the Nation lay exposed so long as the Judges held their Places or Sallaries at Pleasure had the last Sessions but one prepared a Bill to remedy this inconvenience which was offered to the Royal Assent but was refused for what reasons is not proper for me to give because I shall always advise the contrary so that that part of King James's Male-administration remains as it was to be practised by any other King who shall be so wicked as to have it in his thoughts how he may inslave the Nation The Declaration observes that King James put men into imployment and continued them therein altho they had not qualified themselves according to Law This as it unhinged one of the great securities of the Government so it was a plain indication of King James's intentions to govern without Law for when men are put into imployment in spight of the Law it shews they were preferred not so much for their fitness to execute that Office as to serve some other purpose against Law and those that so complyed justly incurred the censure of every man that wisht well to his Country for they shewed that they were through-stich-men that would stick at nothing thereby rendering themselves so infamous as to make all mankind conclude that they would never be imployed in any other Reign by reason of the scandal as well as the danger that any Prince runs who shall take them into his Service The Declaration then takes notice of the Ecclesiastical Commission which indeed carried an ill design in the face of it it having been always found that such extraordinary methods are not so much to punish faults already committed as to wish there were such and to pretend men to be guilty who have not transgressed For if nothing more had been designed but to punish those who really were offenders what need was there of that High Commission seeing the Law had before sufficiently provided so that the parlous intention of setting up that Commission was very obvious and it was yet plainer because it was expresly against Law for 16 Car. c. 11. that took away the then High-Commission Court has provided and declared that any other such like Court is illegal and all proceedings thereupon to be void and of no force And here I cannot but observe to you how far they were the occasion of setting up this Court who were like to suffer most by it For it cannot be forgot what pains the Clergy took to magnifie Prerogative and to preach up the Doctrine of Passive-Obedience and Non-resistance upon which King James supposing them to be worthy of their Functions and consequently what they preacht in their Pulpits they would practice when they were out of them thought he might make the more bold with them But with what Christian patience they bore it I believe you remember for King James received more reproachful language and revilings from them than from all other people and therefore I hope they have learnt this lesson and will be careful for the future to instruct all others under their care not to extend Prerogative beyond the bounds which the Law has set it lest they are the first that feel the weight of an unlimited power For this Ecclesiastical-Commission was a monstrous thing and therefore it is to be hoped that all those who were of it and that now are in eminent stations under this Government have made it appear that they are become new men or otherwise if it was a fault in King James to set up that Commission it will be hard to find an excuse for their being of it The Declaration proceeds in taking notice that several Churches and Chapels were built for the exercise of the Romish Religion and that several Colleges of Jesuits were set up and that a Jesuit was made one of King James's Privy Council This had it stood singly of it self must appear dreadful to all true English-men and yet it was but a necessary consequence of what went before it and gave every man a clearer prospect of the precarious condition in which his Religion and Liberty stood The next thing that followed was to examine Lord Lieutenants and Deputy Lieutenants Justices of the Peace and all others in publick imployments in order to have the Penal-Laws and Test repealed and to turn out such as would not concur This was made use of as no doubt it would have been a very effectual means towards the packing of a Parliament it being a lesson which he had learnt from his Brother C. II. who used to take Parliament-men to task in private where he used such arguments as thereby he so often drew from the Parliament those unnecessary supplies This examination of the People in private was called Closetting at first lookt upon as a very inconsiderable thing yet we saw that the said Cloud tho at first no bigger than a mans hand quickly overspread the whole Heavens and gave our affairs a very gloomy Complexion and if we will learn has taught us this useful lesson That when men shall not be left to the freedom of their judgments in relation to the publick but indeavours are used to warp and bend them another way that there is some ill design in hatching especially when such applicaons are made to members of Parliament concerning such matters as are under their Consideration For this is to kill the Government at the Root and the design is equally apparent and mischievous by what means
They are sensible that then it will be discovered that in the Primitive times there was no such thing as an Arch-Bishop and that it came in with superstition and blindness These and abundance of other things that I could reckon stick on their Stomacks but I will not loose your time by recounting of them In regard therefore that the enjoying of Ceremonies keeps Thousands from conforming I desire to be answered whether they who stickle for Ceremonies do not play that Popes Game to his greatest advantage for that which the Pope has always made his design is to divide Protestants and he knows there is no other way to ruine them but by fomenting differences amongst them for all his other devices have proved nothing in Comparison of it And yet these Ceremony-Mongers do speak plain sometimes for tho they pretend to be for uniting of Protestants yet they will tell you that Presbyterians are worse than the Devil and the Papists are to be esteemed of ten fold better then they so that it will out slip them some times do they not openly own their design and when e're they mention the Plot How plainly do they bewray themselves with what difficulty are they brought to acknowledge the belief of it But no sooner was that faction of the Presbyterian Plot started but presently they ran away with it as the greatest truth every where arguing people into the belief of it As if themselves had had a hand in it or else were such well wishers to it that they desired it might succeed For it is not to be denyed that no people have been less active if not altogether passive against the Popish Plot than these Ceremony-Idolaters and the Bishops themselves So that with Submission I take it to be plain that Popery is at the bottom And whilest that prevailes there is little hopes of uniting Protestants by our dignifyed Clergy and therefore the Parliament must do it if ' ere it be done If Ceremonies are of that Moment that we must suppose the Church cannot subsist if they be layed aside Therefore I will let that pass and humbly effer one thing that I conceive will conduce greatly to the composing the differences that are amongst us and I am the more confident to propose it because altho it fail in this yet I hope that thing will appear reasonable In short therefore it is this that a Law be made to take away pluralities and non-residences Not to have any retrospect for that I would not do but to bar them for the future For by these it is that much of our divisions are increased and high laid and I 'le shew you how it comes to pass They who are bred up to be Ministers are for the most part the Sons of such parents who are not capable of doing further for them than to maintain them at the University till they are capable to be admitted into a benefice And when they have done that they turn them off to provide for themselves who possibly have not five pounds in all the world or a Cross as we say to bless themselves with So that being put to shift for themselves they find it difficult to get into a living for when any Vacancy is it is oftener supplyed by a Man that is beneficed already than by him that has none Therefore what must he do he has nothing to subsist on he can get no preferment he must not starve Work he cannot to beg he is ashamed steal he dares not what then is his refuge There is no way left but to insinuate himself into the opinion of them that separate from the Church and to gain approbation he must preach up a new fangled doctrine and so gain to himself a people And these he must be sure to keep from the Church by speaking against it and telling terrible stories of it to fill them with fear and apprehensions that they may not come at it so that he is sure that if he can give them a dislike of the Church their benevolences will be the more liberal and certain Whereas if room were made in Ecclesiastical preferments by preventing pluralities and non-residencies young Clergy men would not be so apt to turn aside because they need not dispair of preferment I acknowledge this would not wholly cure our distemper but I dare appeale to any reasonable man whether it would not go a great way in the work But to let this pass I will proceed and mention a few things and then let any man if he can Justify pluralists and non-residents first where do we find in Scripture that any one man had several flocks committed to his care Nay that of a Bishop which if allowable in any ought to have the over-sight of many congregations yet they are confined to one Church by the primitive institution of them when the Clergy made the work of the Ministry their business Therefore I would fain be satisfied how it comes to pass that the work of the Ministry is or ought to be less the care of the Clergy than heretofore For so it is now adays and it plainly appears by their Coveting Pluralities For how can he that has several livings preach at them all visit and comfort the sick and do all the duties of him whose cares it is to watch for their Souls And how unreasonable a thing is it for one man to have five six perhaps more preferments and five or six men of learning and Piety perish for want of bread It would make a man begin to think that Church preferments were ordained for these pluralists and not design'd for every worthy labourer who well deserves his hire besides not to say any thing of the Debauchery Pride Coveteousness and contention of the Clergy what a shame is it to see how these pluralists make choice of their Curates their question is not what is he but how little will he take as if piety and learning made no Matter and were not requisite and if a good man be preferred to be a Curate it is by accident and not by design And therefore I humbly conceive that the divisions of our Church are not a little occasioned by this and contempt brought upon it And is it not sad to think that men shall be prefered to the Church upon the account of interest and not for Merit This being so plain I will not multiply words upon it but conclude with this that every mans religion is to do Justly love Mercy and to Walk humbly with God to believe in our Lord Jesus Christ and not to put our brethren out of the Church for which God Almighty will not shut Heavens Gates against us Of the Absolute Power exercised in the late Reigns and a Defence of King Williams accession to the Thone c. Gentlemen THe preservation of the publick peace is the occasion that has called us together at this time in which no man can be remiss or neglect when he considers that his
mans pleasure so we hold our Religion as precariously because a Prince can impose upon Slaves what Religion he pleases France is so pregnant an Instance of this that it puts the thing out of Dispute For while the Protestants kept their Liberties all was well with them yet no sooner was that wrested out of their hands but it was quickly seen what became of their Religion I have always thought that they began at the wrong End who reckoned themselves out of all other danger whilst they enjoyed the Exercise of their Religion it will not be denyed but that Liberty is a great Security to the free Exercise of Religion but if our Civil Rights are assaulted I don't see by what means Religion can rescue them out of Violent hands Besides there are many Instances where Religion has been used as a Stalking Horse to enslave a Nation For did ever any Man pretend to have a greater concern for the Church than Charles the 2d and yet no man more designed the Ruine or the Nation than he did which Example may occasion the People to suspect some Design upon their Liberties when the Prince pretends the greatest Care for Religion unless he be a man of great Morality and Religion appear in his Life and Practice as well as in his Words and Promises For it is scarce passible to inslave a free People by direct Force and therefore they must be gulled out of their Liberty by Art and underhand Practice and there cannot be a better blind than a pretended care for Religion to keep the people from observing what is designed against them So that if any thing is worthy of their Care it is their Liberty and in doing so you do the part of Loyal Subjects and good Christians whereas by the neglect of it you expose every thing that is valuable so you also lay a snare in the way of your Prince thereby tempting him to think of that which otherwise might not have come into his Thoughts And this Care is never to be neglected not even when any thing goes to their hearts Desire lest whilst you speak Peace to your selves there comes upon you sudden destruction For a Design is more likely to take effect when people suspect no such thing than when they stand upon their Guard There are many ways of Working People up into a Security of all which Promiles are the most fatal for without Performance they become Snares and therefore it is upon Actions and not upon words that a Wise Man will ground his Belief or Opinion Consider what is done and not what is said for whoever he be that is so wicked as to have a Design of inslaving the Nation he will never make a difficulty of promising very largely If then we ought to take care of our Liberty how ridiculous is it to talk of Serving the Crown when by that is meant To make the Kings Will and Pleasure the Measure of their Obedience it must be a mere Nonsensical Boast to talk at that rate when they have stript themselves of the means of Serving like Rational Creatures for when men have given up their Liberty what does all their Service to the Crown differ from that of a Beast The Service that we do for our Prince should be like that which we render unto God not a forc't and constrained but a free and reasonable Service So that I think I may say That he who hopes to recommend himself to his Princes Favour by such a piece of Service must needs be a very profligate Wretch and believe his Prince to be altogether such a one as himself For such a design is altogether unlawful because it is destructive to the Nature and End of Government Contrary to the Kings Coronation Oath inconsistent with Reason and a Violation of that Trust and Confidence which the people repose in the King For as I take it The Power that is lodged in the Crown is only a Trust and nothing more for he must have that Power either as a Trust or a Property and if he holds it as a Property then no Bounds or Limits can be set to it and he may use it as to him shall seem most meet What will Laws then signify To what purpose is the Coronation Oath and all those other Cautions that are taken to oblige the King to Govern according to the Laws and laudable Customs of the Realm and then every Prince that has been Deposed for committing Violence and Oppression was highly injured for there would be no other Standard of Right and Wrong but that of his Will and Pleasure But it is a common Practice to depose Kings when they become a Burthen to the People that being the proper and only remedy in such Cases For let any man tell me if he can whether the Liberty that remains in the World has been or can be preserved by any other Means than by that Power that is used in the people of laying aside such Kings whose Administrations become exorbitant For the Number of ill Kings exceeds so much that of the good ones that Liberty had been before this day swallowed by Prerogative without some such check and because so very much good or hurt is in the power of the Prince the value of a good King is inestimable To be delivered out of the Hands of an Oppressing King is a great Mercy yet such a price when put into the Hands of any People is seldom improved as it ought to be For Tacitus makes this Observation upon the Fall of Nero That the first day after the Reign of a Tyrant is always the best This is a great Truth and a Rule that has no exception For this several Reasons may be given For generally the people are so transported upon being eased of their Burthen that they neglect to make such provisions as are necessary to prevent the like Irregularities for the Future either from belief that no other man will be Wicked to the like degree or else from the fond Opinion that they conceive of him who was the chief Instrument of their Deliverance trusting that the same Principle of Honour and Justice that incited him to stand up in their Defence will prompt him to do all those things that are needful to settle the Government upon a lasting Foundation Which was something our Case upon the Restoration of King Charles 2d only with this Difference that instead of Repairing the Breaches which his Father had made the mistaken Loyalty of the Age helpt to make them wider Another Reason for Tacitus his Observation may be this Because the chief Instrument of their Deliverance altho' he appeared very zealous on their behalf yet he aimed at nothing but getting the Crown as it was when the Dauphine of France came over to assist the Barons against King John his Declaration was full of nothing else but the English Liberties yet it afterwards appeared that his Design in assisting them was only to get into the
Throne and not to ease the Nations Oppression so that in such Cases a Revolution does the People no good for he that has got the Crown thinks that whatever is done for the Good and Security of the People is so much lost to him of what he hoped to get by coming over A third Reason may be this Because he may presume upon the good Opinion the People have of him supposing that they will put the best Construction upon all he does and look upon those things to be but Mistakes and consequence of want of Information which are the result of a formid Design Or else because he may Imagine that altho' he does to a great degree act over the Part of him who was thrust out of the Throne yet that the People will not feel the lash so sencibly because it comes from his hand This when ever it happens is a thing of so foul a Complexion that it deserves as ill a name as can be given it and yet I fear there does not want Examples of it It is a Mistake and a dangerous one to consider the Person more than the thing that is done as if the person made the thing better or worse than it otherwise would be Men indeed differ from one another and do the same thing in different ways and manners but yet every thing is still the same whoever he be that does it if there be any difference it lyes in this that the better Reputation he has who does an ill thing so much the greater is his Reproach especially if it be a thing that he has reproved and punisht in another This Judging the thing by the Person is that by which commonly men deceive themselves so very much or else they would make a righter Judgment than for the most part they do How happy is that Prince then whilst he is on this side the Grave and how glorious will be his Memory who is not afraid or shy to have his Actions examined that mankind as well as his own Conscience may bear him Testimony that he Governs according to Law and makes the good of his People the End of his Government Before I proceed any further I would be rightly understood in what I have already said because possibly either through Mistake or Malice some may infer that I would perswade you to take more care of your Liberty than of Religion by reason that I have said so much of the former But far be so Atheistical a thought from me I bless God it never yet entred into my heart altho' I am not so Religious as I ought to be yet I think our Religion to be more valuable than any other thing whatever for if God should take away the Light of his Gospel from us it would be the severest Judgment that he could visit us with and have therefore pressed you to take care of your Liberty as the surest means by which you can preserve your Religion and in so doing I conceive I have shown a Zeal rather than a neglect of it It is to be wisht by all those who desire the Peace of their Country that Religion were more in fashion than it is For no Nation ever did thrive where it was neglected and it is to be feared that God will have a controversie with this Land if Swearing and Drinking which are now become so common be not speedily suppressed and the Corrupt Manners of the Nation reformed But before I speak more particularly upon them give me leave to observe something thing to you upon two things which are very injurious to Religion and yet are done out of a pretended care and tenderness for it The First is When Protestants break into several Sects and distinct Congregations and not being content with Worshiping God in their own way are uneasy at all others who follow not with them Every one being assured that they are not mistaken that they will not allow any but themselves to be in the right and thereby leave the excellent Rule of Charity to follow a blind Infallibility 'T is true indeed whilest we are upon Earth we shall have different Sentiments and Opinions and it is not possible for me to help it because our Reason is so short sighted and Pur-blind But yet we may all agree to have a mutual Charity for one another and then every man will be the better for his Religion and no body will be the worse for it For otherwise instead of promoting Religion we eat out the Bowels of it that is we destroy that Charity without which we cannot enter into the Kingdom of Heaven But alas it is come to this That one is for Paul another for Apollo and a third for Caephas One asks of such a one Is he a Son of the Church a second inquires Whether he is of such a Congregation A third demands to know if he follows such a man if so all is well and with them he must pass for a good man without examining into his Life and Morals But what does all this amount to am I the better for being of such a man's Opininion or of such a Communion unless I am a Doer as well as a Hearer of the Word Or what is another man the worse because I am not of his own Opinion if he live a better life than I do This Zeal for a Party is a Zeal rather to be reproved than to invite others to the practice of it for it is not an Argument of Religion but a sign of Pharisaical pride when a man is uneasy with another because he worships God in a way different from him For if any man desire to live becoming the Gospel of Jesus Christ and to that End does daily try and examine himself he will find more to be amiss there than he can discover in others and therefore to lead a good Life is the best Argument that any man can use to perswade another to be of his Opinion The next thing which is Injurious to Religion is when the Discipline and Government of the Church interferes with the State breaking into the Methods and Foundation of it and to advance the Power and greatness of the Clergy This soon becomes Mischievous to Religion For as it does in no sort prompt God's Glory or tend to the reforming of Mens manners c. When the People find their Liberties Crouded to make Elbow Room for the Clergy and that the Government of the Church will help to make them Slaves they will be very apt to abhor the Offerings of the Lord. And therefore in all well regulated Constitutions the Government of the Church is moulded according to the Principle upon which the Civil Government stands for if the Church were to Model the State Christ's Kingdom would be of this World which he has expresly told us is not Is not that People then in a sad condition when that what is amiss in the State must not be Reformed for fear of hurting the Church as
some do vainly pretend This I say because I am afraid it is something our Case at this time and so the Nation must languish to satisfy the Imaginâ—â—ions of some People who are afraid of their Shadows How the Church can be hurt by any Laws that concern the State is not easily to be comprehended if those Laws Establish no other Gospel than that which was delivered by our Saviour Nothing can hurt the Church but it self and it is never in more danger than when it is in its greatest Pomp and Grandure The deceit of this is very plain because they that bawl most of the Danger the Church is in have the least of Religion in their Lives for those who live and understand better see the folly of it as also that Doctrine of Passive Obedience and Nonresistance which many cry'd up as the Corner Stone of the Church A Burden which they were forward to lay upon other peoples Shoulders yet when it came to their own turn none was so uneasy under it as they for when their Rights came to be toucht No mens Mouths was so full of Liberty and Property as theirs But now that the Storm is blown over they are angry that that Liberty is granted to others which they promised to consent to and are returned to where they were in supporting that Arbitary Doctrine and to that end they are inventing new Titles to the Crown for this King and Queen which demonstrates what Steddy men these are since in the late times they would not allow any Title to be good but Succession yet now they can submit to any other how contrary soever to Succession provided they can thereby keep up this Arbitrary Doctrine and get their turns served and first they find out for this King and Queen a Title by Conquest I hope they are mistaken for if the case be so we are all Slaves and instead of being rid of Arbitrary Power by this Revolution we have helpt to Saddle and Bridle our selves For the people that are conquered hold all they have at the will and pleasure of him who did subdue them But how were we conquer'd did the Nation conquer it self if it did it was an odd thing and altogether new Or who was conquer'd not they who actually appear'd in Arms against King James nor those who wisht him somewhere else and that was by much the greatest part of the Nation It is so senceless a Notion that it only serves to discover the ignorance or knavery of those who go about to maintain it and I suppose we shall hear no more of it because the Lords and Commons in Parliament by an unanimous Vote have condemn'd it The Next thing talkt of is Gods ways of disposing of Kingdoms whence they would pretend that the King and Queen received the Crown from God Almightys immediate donation It is Blasphemy to exclude the power of God in any Case and to exclude the people from having had an immediate hand in bestowing the Crown is a new intelligible sort of Politick for the drift of this Notion is to make us Slaves by reason That whatever is the immediate Act of God and a declaration of his pleasure Man has nothing more to do but to yield an intire obedience and submission to it So that when a King receives his Crown immediately from God any Provisions or Limitations that can be made by Men comes too late to circumscribe his Power But is this our Case which way did God declare that this Man should Reign over us Or who foresaw upon what Head the Crown would be placed till the Lords and Commons came to a Resolution in it and therefore it will follow That the King and Queen received their Crown from the Hands of the People upon such Terms as they gave it and God has not done any thing to exempt them from the Performance of those Conditions However there are those who hoped to make their Court to their present Majesties by starting and maintaining those two Notions Viz. of Conquest and God's ways of disposing of Kingdoms with what success I leave to every mans observation and only say this That is will be an happy Age when Kings are so much disposed to the good of their People that such Flatterers will meet with no Incouragement from them I come now to speak of Swearing and Drinking and I do believe that the horrible Prophanation of God's Name was never so common as in this Age. That great and dreadful Name before which we ought to Fear and Tremble is used with more familiarity than the meanest thing you can think on It is a very unfortunate thing whenever we take the Name of God irreverently into our Mouths altho' it happen when we are under some Provocation yet it Administers cause for Humiliation and a more narrow Observation of our selves for the future but is in no sort a Justification of us Therefore to fill their mouths with horrible Oaths when they are cool and in temper and to swear in common Discourse is a dreadful hearing And really it is come to that pass that men don't think they express themselves well and modishly unless they interlard every Sentence with an Oath or two and that which is strangely ridiculous is that some cannot ask another man how he does without wishing his own Damnation How this is to be remedied is the Question for since it could not be prevented from growing to the height to which it is gotten it will be so much the more difficult to suppress it for if in any case it can be said That the number of Offenders is too big for the Law it must be allowed to be so in this That Law has provided very well for the Punishment of such as offend herein per Statute 21st Jacob. C. 20. They forfeit twelve Pence per Oath If this were duly put in Execution I am perswaded it would work a great Cure These Customary Swearers would with more wariness open their Lips when they found that their Oaths cost them so dear and I am the rather of this opinion because I have observed That when a common Swearer is in the presence of any person whose Authority or Quality has an awe over him scarcely an Oath slips from him tho' he speaks never so much And therefore it is very much to be wisht that Magistrates would more strictly inform themseves of such as offend herein and give them the punishment which their Offence deserves The next thing is the Sin of Drunkenness which calls aloud for redress it being now so common and universal that People of all Ages Sex and conditions are infected with it to that degree that it is become the Reproach of the Nation which is now as remarkable for this Sin as it was for the Excellency of our Government during the Reign of Queen Elizabeth And it may be Observed That from the time that this Government began to decay that this beastly Custom took its Rise I
the King strove to please the People and they were willing to gratifie him by conniving at his Faults But besides all this the Law of Nature is to be considered and this Law cannot be extinguished by any other Laws whatsoever And this I never heard any man deny The Law of Nature commands Self-preservation and then I would ask whether I am to obey him that will destroy me If we shall have a Prince that plainly declares either by his Words or Actions that he will change our Government and Religion or that he will give us up to a Foreigner or else that he will govern by a standing Army and take away our Properties must I obey him must I not endeavour to rescue my Self and Country from Ruine for in the Saxons time Treason did not relate to any thing but the Government and the general Concern of the Nation and not to the single Person of the King and now though it be Treason to kill the King yet it is only in order to the Publick Good and therefore with the Saxons all Indictments against Legience concluded Feloniae Proditoriae but against the Person of the King only Feloniae But in our days we find things are crept in that is difficult to tell how or when they came in And you shall find in all our ancient Laws that whatever was decreed or enacted was for the Common Good and the King was not concerned otherwise than so far as related to the Common-wealth though I know in our days another Opinion is asserted which I am sure cannot be maintained That all things must give place to the King 's particular Interest For my own part I will obey the King but I think my Obedience is obliged no further than what he commands is for the Common Good Our Government ever since the Conquest has proceeded upon the Saxon Principles and they were grounded upon Self-preservation which I do not find to be repeated by any Act of Parliament for all our Lawyers do agree That it is Treason to subvert the Government and if so without doubt our Allegiance the Laws of God and of Nature command us to defend them I will detain you no longer but only to consider this one thing Whenever we have a Popish King we must expect an alteration at least in our Religion for though he take all the Oaths and Declarations that can be devised yet it ever stands in the way to oppose the Interest of Rome they must all give place and it is meritorious to break those Engagements for that purpose or at worst hand be certainly pardoned if he presume to do it without a Dispensation and it is no more in his power to preserve our Religion than it is for him to work an Impossibility And therefore whether it is better to oppose a Popish Successor seeing we have the practice of our Forefathers to justifie us in it and besides he cannot if he would defend us or else to suffer him to rest in the Throne to destroy all we have and bring in a Religion that will damn Millions of Souls from Generation to Generation And if we may not defend our Religion then we must absolutely depend upon Providence in every thing and not put out our Hand to help our selves up when we are fallen into a Ditch This is the Case and here is an end of all Human Policy but without doubt it is our Duty to do our Endeavours and leave the Success to God Almighty and his Will be done THE CASE OF WILLIAM EARL Of Devonshire ON Sunday the 24th of April 1687. the said Earl meeting on Collonel Culpepper in the Drawing Room in White-hall who had formerly affronted the said Earl in the said King's Palace for which he had not received any satisfaction he spake to the said Collonel to go with him into the next Room who went with him accordingly and when they were there the said Earl required of him to go down Stairs that he might have Satisfaction for the Affront done him as aforesaid which the Collonel refusing to do the said Earl struck him with his Stick as is suppos'd This being made known to the King the said Earl was required by the-Lord Chief Justice Wright by Warrant to appear before him with Sureties accordingly April 27. he did appear and gave Bail in 30000 l. to appear the next day at the King's Bench himself in 10000 l. and his four Suretles in 5000 l. a piece who were the Duke of Somerset Lord Clifford the Earl of Burlington's Son Lord De-la-mere and Tho. Wharton Esq eldest Son to Lord Wharton The Earl appeared accordingly next morning and then the Court told him that his Appearance was recorded and so he had Leave to de part for that time but upon the sixth of May he appear'd there again and being then requir'd to plead to an Information of Misdemeanour for striking the said Collonel in the King's Palace he insisted upon his Priviledge That as he was a Peer of England he could not be tryed for any Misdemeanour during the Priviledge of Parliament and it being then within time of Priviledge he refused to plead the Court took time to consider of it till Monday which was the last day of the Term and the Earl then appeared and delivered in his former Plea in Parchment the Judgment given by the House of Lords in the Case of the Earl of Arundale 3 Car. was urged on the behalf of the Earl viz. That no Lord of Parliament the Parliament then sitting or within the usual times of priviledge of Parliament is to be imprison'd or restrain'd without sentence or order of the House unless it be for Treason or Felony or for refusing to give Surety for the Peace And also that the like Priviledge was about two years before allow'd in the Case of my Lord Lovelace The Court over-rul'd the Earl's Plea and requir'd him to plead to the Information the first day of the next Term and to be a Plea as of this Term and so he had Leave to depart but his Sureties were not called for to see if they would continue as his Bail The next Term he appeared and pleaded guilty to the Information and so the last day of the Term the Court did award That he should pay a Fine of 30000 l. be committed to the King's Bench till it be paid and to find Sureties for the Peace for a year To all which Proceeding and Judgment three notorious Errors may be assign'd I. The over-ruling of the Earl's plea of Priviledge II. The Excessiveness of the Fine III. The Commitment till it be paid 1. The over-ruling the Earl's plea of Priviledge is a thing of that vast consequence that it requires a great deal of time to comprehend it aright and is of so great an extent that more may be said of it than any one man can say The Judgment seems to be very unnatural because an inferiour Court has taken upon it to reverse a Judgment
he that invades the Peoples Rights does no less to the King no man can perswade the King to do a thing more contrary to him and his Interest than to invade the Peoples Rights for if one be hurt the other is hurt also and he that will not do the King Right cannot expect to have Right done to himself No man can come to his Right but by doing the King Right give each its due but have a care how you give either side so much as an inch And therefore I would that People would forbear to preach up such destructive Doctrine both to King and People and not put the King and Parliament to the Trouble to make a Law whereby it shall be Treason in Words as well as Actions to endeavour the least alteration in the Government Petty-Treason For a Wife to kill her Husband or a Servant his or her Master or Mistris 25 Eliz. 3.2 Praemunire It is properly a Writ or Process of Summons awarded against such as brought in Bulls or Citations from the Court of Rome to obtain Ecclesiastical Benefices by way of Provision before they fell void To contribute Money or send Relief to any Jesuite or seminary Priest beyond Sea or any College 27 Eliz. 2. The first time to extol or maintain the Authority and Power of the Bishop of Rome Or The first time to refuse the Oath of Supremacy is a Praemunire 5 Eliz. 1. If any bring over any Agnus Dei Crosses Pictures or Beads hollowed as they call it at Rome to disperse among the People or if any person receive such 13 Eliz. 2. The Penalty in these and the like cases is That the Person offending shall forfeit all his Lands Tenements Goods and Chattels Imprisonment and be put out of the King's Protection 16 Rich. 2.5 Gentlemen you may observe that many of the things I have mentioned are only done by the Papists whose Religion has been the Author of all our Troubles and Mischiefs it was the Papists who took off the late King's Head though they made use of other People to act their part yet they were the Contrivers of all it was they who fired London and Southwark and it 's they who at this time would have brought us into the greatest Confusion that ever had been heard of by a Design which nothing but Hell could be the Contriver of but God in his Mercy brought it to light just when it should have been put in execution It is with Horror when I consider the Cruelty and Bloodshed that must necessarily have ensued had this Plot gone on it was no feigned thing the matter is as clear as any thing can be nothing but the execution of it could make it more clear and yet I hear that there are those who will take upon them to say there is no Plot and argue it how far they are guilty themselves I know not but I must tell them that they render themselves very suspicious to argue against that which every body believes and is satisfied of for my part I must judge them either to be in the Plot or very much enclined to Popery Wisely therefore has the Law provided for us against that from which there is so much danger If Popery be the True Religion God Almighty is not God Almighty for certainly that Religion is very defective whose Foundation must be layed in Blood and Cruelty and certainly God Almighty can propagate his Truth without having recourse to such unnatural means I am sure there is not to be found in Scripture the least evidence or instance to warrant the killing of Men for their Religion Men are to be convinced by Reason and Scripture and not by Force and Fire The Papists think it a hard thing to be required to take the Oaths of Allegiance and Supremacy which Oaths don't deny them the private use of their Religion only require from them a Security to be true to the Government but don't consider that their Church requires that all must dye who will not change their Religion or if any of them have an Estate held wrongfully from them or is robbed or abused they expect to have the benefit of the Law and Justice of the Government they expect that the Government shall defend them and they will not be bound to maintain it how reasonable this is let any man judge But Gentlemen there 's no reason the Government should defend them that would destroy it though the Penalties are great yet you ought to avoid Tenderness because so much depends upon it as does and besides where any of them comes under a Praemunire the Persons themselves don 't suffer so much as the Common Stock for they have Stocks and Banks for those uses and to buy Poor People to their Religion Popery is not a Religion but an Interest which endeavours our destruction and therefore we ought to shew it no Favour And this will suit very well with Moderation for in all the Laws against the Papists the Penalties are very modest and moderate in comparison to what we have found at their hands and therefore to put the Laws strongly in execution against them cannot be called Severity Misprision of Treason To know any to be guilty of High Treason and not to disclose it If a Bull or Instrument of Absolution or Reconciliation be offered to use or put in use if they do not make it known within six weeks to some of the Privy Council 13 Eliz. 2. In them that shall be aiding maintaining or concealing of such persons as shall withdraw any from their Obedience or Religion and not make it known to some Justice of Peace within twenty days 23 Eliz. 1. The next thing that I am to give you in charge is Felony which is of two sorts against the Person and against the Possession of another Felonies against the Person of another If any commit Homicide that is kill or slay another which if out of precedent Malice either expressed or implied is Murther If upon a sudden Falling-out Manslaughter If in doing a lawful action is called Chance-medley If in his own defence it 's stiled Homicide se defendendo Poysoning Stabbing and Bewitching to Death are Homicides If any commit a Rape have the carnal knowledge of a Woman against her will or with her will if she be under Ten years old If any take away or consent or assist to take away any Maid Widow or Wife against her will she being then interested in Lands or Goods If any marry a second Husband or Wife the first being alive If any commit Buggery or Sodomy If any do willingly and maliciously cut out the Tongue or put out the Eye of another And by a Statute made the 22d and 23d year of K. Ch. it is Felony that by lying in wait purposely or upon Malice forethought to maim or disfigure another If any receive relieve or maintain any Jesuite or Seminary Priest knowing him to be such 27 Eliz. 2. If any incorrigible Rogue judged