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
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
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
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-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
constituted by God himself But that cannot be so for it would follow that God is unjust which he cannot be There neither is nor was any Government of that sort but only that of the Jews the rest of the World were left to themselves to frame such a Government as suited best to their Inclinations and to make such Rules and Laws as they could best obey and be governed by Ours is compounded of an absolute Monarchy and a Common-wealth and the original of it we have from the Saxons But be it what it will or whence it will it is without question that the first original of our Kings was that the people found it for their advantage to set one over them because of his Wisdom Valour and Justice and therefore they gave him several Prerogatives above the rest of the People that he might be the better able to govern and defend them for there is none of the Kings Prerogatives but are for the good of the Nation if rightly imployed But it will be a strange conclusion to suppose that the People obliged themselves to submit to the Posterity of that Man whom they first chose for their King because of his extraordinary Endowments let them be what they would and never so unfit for the Government For the next of blood may be incapable of governing in several respects suppose a Fool or Lunatick by his Principles if he aim at Arbitrary Power by his Religion if he be a Papist or a Heathen or by his practises before he comes to the Crown to destroy the Religion and Government by Law Establisht Now this I do not say to argue that the Election of the King is in the People though I think much might be said in that case neither is it now the question but that which I speak for is to prove that the next of blood has not so absolute an Inherent Right to the Crown but that he may for the good of the Nation be set aside There is yet another Inconvenience to allow the next of blood to have so absolute a Right to the Crown because the Possession of the Crown takes away all disabilities but only such as are by Act of Parliament which being so every King must thank his Successor for every moment that he lives if he kill him himself he cannot be questioned for it because as soon as the one is dead the other is King for here the King never dies If therefore the next of blood has so absolute a Right the King is very unsafe For though the D. be not inclined to shorten his Brothers days nay though he be averse to it yet in obedience to the Pope and his Priests it must be done either by himself or some other hand and then how long we expect his Majesties life If Kings were good Men an absolute Monarchy were the best Government but we see that they are subject to the same Infirmities with other Men and therefore it is necessary to bound their Power And by reason that they are flesh and blood and the Nation is so apt to be bad by their Example I believe was that wherefore God was averse to let the Jews have a King till they had Kings they never revolted so wholly from him when their Kings were good they were obedient to him but when they were idolatrous then the People went mad of Idols I hope it is no Regis ad exemplum that makes our Nation so lewd and wicked at this day A SPEECH AGAINST Arbitrary and Illegal IMPRISONMENTS BY THE Privy Councill THere is not any thing that an Englishman can claim as his Right that we value more than Freedom and Liberty I mean that of the Body because Imprisonment is a sort of Death and less tolerable to some than Death it self For by it we are deprived of all our Earthly Comforts What is a Man the better for having never so great an Estate never so great Honour or what else is desirable in this World if he is restrained of his Liberty Now there are several sorts of Restraints or Imprisonments and they are all forbidden by our Law unless the cause be very just and reasonable not for bare surmises or vain stories that a Man shall be imprisoned and hurried from his aboad but only for such cause as shall prove that it is for the good of the Government and the support of it that this or that Man is imprisoned or restrained Although the Law has taken very good care yet the Subject is often abused in his Liberty sometimes by the Courts in West-Hall sometimes by other Courts and particular Magistrates But the greatest cause of complaint proceeds from the Privy Council The Privy Council that is though they have been much to blame in this particular yet it is not a new thing that they practice but this Itch of sending for and imprisoning the Subject upon vain pretences has descended from one Privy Council to another like an Infirmity that runs in a Blood for no sooner is a Man made a Privy Councellor but this Spirit rests upon him This Mischief was early espied even in Henry III's time and several Lawes have been made to restrain the Privy Council By the 9. H. 3. Chap. 29. it 's declared that No Free-man shall be taken or imprisoned or be disseised of his Free-hold or Liberties or Free Customes or be out-lawed or any other way destroyed nor we will not pass upon him nor condemn him but by Lawful Judgment of his Peers or by the Law of the Land By the 5. Edw. III. 9. It is Enacted That no Man from thenceforth shall be attacht by any Accusation nor fore-judged of Life or Limb nor his Lands Tenements Goods nor Chattels seized into the Kings Hands against the Form of the Great Charter and the Law of the Land By 25. Edw. III. Chap. 4. It is declared That from thenceforth none shall be taken by Petition or Suggestion made to our Lord the King or to his Council unless it be by Indictment or Presentment of his good and lawful people of the same Neighbourhood where such Deeds be done in due manner or by Process made by Writ original at the Common Law Nor that none be out of his Franchises nor of his Free-holds unless he be duly brought in answer and fore-judged of the same by the Course of the Law And if any thing be done against the same it shall be redressed and holden for none By 28. Edw. III. Chap. 3. It is Establisht That no Man of what Estate or Condition that he be shall be put out of Land or Tenement nor taken nor imprisoned nor disinherited nor put to death without being brought in answer by due process of Law And by 37. Edw. III. Chap. 18. It says Tho' it be contained in the Great Charter That no Man be taken nor imprisoned nor put out of his Freehold without process of the Law nevertheless divers people make false Suggestions to the King himself
meritorious to promote their Religion without regard had to the way or means of effecting it though it be by Butchering their King Murthering Father or Children prostituting their Wife or overthrowing the Government Be it never so unnatural or repugnant to Gods Commands and agreeable to these two are all the rest of their Principles So that I would fain see how it is possible to live in quiet with a People whose Religion obliges them to destroy all Converse or Humane Society to Murther their Neighbours Assassinate their King and Subvert the Government when it is in their Power for my part I cannot see how they can or are fit to live but with People of their own Faith and belief Brutes and Christians can never live and Converse together for none but Men of their Principles can live in safety with them And agreeable to their Principles has been their Practice all along What Rebellion or to use their own word Commotions have we had but their hand has been chiefly in it I know they would cast the Odium of the late Wars upon the Presbyterians they may well be afforded to lye for their Cause who will do every thing else for it though never so Inhumane or Unnatural they may well deny that Plot when they have the Impudence to deny this and to cast this also upon the Presbyterians but why should they not lye in these cases whose Religion is a Lye But it 's very well known who began the Late War there is no Man but is sensible that the Papists carryed on the business against the Scots It is too notorious that a great Woman imployed her Agents to the Papists to incourage them to contribute to that Work I 'll not name her because of the Act of Oblivion and besides She is dead I believe every one knows who I mean The Papists have renounced the Government they have forfeited the Benefit they might have by the Laws in that they will not take the Oaths of Allegiance and Supremacy or when they do swallow them it is with such Mental Evasions that they don't think themselves to be obliged or bound by them which in effect is a denying them and what are these two Oaths but a reasonable Security that the Government requires them and all others to give and he that denyes to assure the Government that he will to the best of his power maintain it does in plain English acknowledge another power and that when he has an opportunity he will do his best to destroy this and bring in that Is that Government obliged to preserve them who will destroy it Are they to have any benefit of the Laws who will not obey them They have renounced the Government they have denyed the Kings Authority and therefore they are to be used as Enemies to both and then what severity is it to banish such People For what must we do It 's plain that whilest they are here we shall never be in quiet there is something in their Religion that obliges them to be unquiet for what reason had they at this time to plot or disturb us had not they all things at Hearts-ease they cannot expect to be in so good a condition if they had a Prince of their own choosing they were free from all chargeable and troublesome Imployments and Offices their Estates were not burdened with the Forfeitures due by Law an easie hand was layed upon them and the way to preferment was by being of their Religion they had got into almost all the profitable Imployments they were above and we below they had what they desired and yet all this would not do But if this be too much then let us do with them as the Children of Israel did with the Gibeonites they had made a League with them that they should live amongst them but least they might do them harm They made them Hewers of Wood and Drawers of Water Joshua 9. notwithstanding the League And if the Papists must live amongst us let us give their Estates to the King to ease our own and reduce them to such a Condition that since they will not live at peace with us let us put it out of their power to hurt us If they must live amongst us and have their Estates I shall humbly propose that we may know them let them wear a particular Habit or carry some Mark whereby they may be distinguish't from the rest of the Nation In Rome the Whores wear a peculiar Garb In the time of a Plague we set a Mark upon the House that is Infected and shall these People have none who are the Pest of the Land it 's to them that we owe all our Disquiet and let us know how to avoid them I cannot think of any other way how to be secure against them we have no great benefit by convicting of them kissing goes so much by favour and they are so tender a place that this Man and the other is pickt out to be exempted from the Penalty of the Law there is such Picking that few are left These are my Thoughts and if any thing I have proposed may be of use I am very glad of it if not I hope I shall have your Pardon for troubling of you A SPEECH OF THE CORRUPTION OF THE JUDGES THere is not under the Sun a better if so good a Government as ours But the best constituted Government in the World is subject to one great fatality and that is whatever benefit we have by the Laws at least most of the Priviledges we enjoy by it depend upon the Will and pleasure of those who are to see to the execution of the Laws For Laws that are not put in execution are vain and empty things signifying nothing for Execution is the Life of the Law and without that they are a dead Letter Laws unexecuted are not far unlike to a Gun which if rightly used is a Weapon of great defence but otherwise of no great use and if it be charged it may do much mischief unless it be levelled at the right mark So our Laws if they are not executed what advantage arises to us more than from a wast paper And if they are made use of yet if they are not directed to their proper end they may hurt those they ought not So that it is out of doubt that they who are intrusted with the execution of the Laws it is an indispensable duty incumbent on them that they take care not only that the Laws be duly put in execution but also that they pursue their proper end and design in short that neither the Innocent be condemned nor the guilty acquitted Therefore the execution of the Law is so clear and undoubted a right of every Subject that no power whatever can dispense with it And they whose Duty it is to see it done if they either pervert or hinder the Law from having its course are highly criminal and ought to be called to a strict account
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
without the Law but that he might imploy his power to an ill end and those then that incourage arbitrary inclinations in their Prince are guilty of all the Oppression and Violence that he shall commit The Law is the best hold both of King and people for it 's their mutual and only interest which soever of them lets it go will have much ado to preserve themselves for never did any stand long that parted with it when the King forsakes the Law he ceases to be King and makes room for another that is more righteous than himself and therefore because he endeavoured to set his will above the Law was the late King James set aside and I am perswaded with all the Justice in the World Thus I have indeavoured in a few words to detect the unreasonableness of this arbitrary Doctrine and indeed the great Asserters of it at last discovered what was the true principle that guided them they had very honestly prescribed a rule for others which they could not practice themselves like the Pharisees who were reproved by our Saviour for laying heavy burdens upon others that they would not touch themselves Our Loyal men were very well pleased with arbitrary power whilst they might be imployed and lord it over their neighbours they little dreamt that the wheel might go round for no sooner did they see that this power was like to be exercised upon themselves but they changed their note all their encomiums upon King James were turned into the most bitter invectives that their wit could invent and their threatnings which they used to breath out against the Dissenters were turned into words of Vnity and Reconciliation I will not affirm that the mercenary principle of preferment made them so zealous for Prerogative but this is most certain their zeal never abated till they saw that other people were like to come into play and then they were as forward as any to explode the Doctrine of Non-resistance and to wish success to the Prince of Orange But since King William does not think fit to employ them nothing will serve their turn but King James And because they cannot for shame talk any more of their unshaken Loyalty they have wholly laid aside that word and now their mouths are filled with nothing but the Church and considering that they refuse the Oaths and indeavour to throw all the contempt they can upon this Government therefore in their sense the Church and this Government are two distinct interests and King James a profest bigotted Papist is more likely to support the Church than King William who is a Protestant and thus they demonstrate their care for the Church and if it be not because King William won't put them into imployment I can't imagine why they should be so averse to him unless it is because his Government is more Just and Mild and that he Governs more by the Laws than any of the four last Kings Gentlemen Your inclinations to the Government is not to be question'd yet in regard it has been indeavoured to be so much traduced it may not be improper to say some thing of it Every King of England receiving and holds his Crown upon condition to Govern according to the known and approved Laws of Land for by what means soever he may come to the Crown he can hold it by no other means than by making the Laws the measure of his Power and when he forsakes that good old way he ceases to be King and Male Administration is a forfeiture of his Crown This was the opinion of our forefathers as appears by the many instances of those Kings that have been Deposed for their evil Government And those who have succeeded them have still been acknowledged and obeyed as rightful and lawful tho the other were alive For when the Throne is vacant it naturally comes into the hands of the people because the original dispose and gift of the Crown was from them therefore whoever they place upon the Throne has as good a right to be there as the first King that wore the Crown No Government can want a power to help it self and therefore when the King has set his will above the Laws what other means has the people left but their Arms for nothing can oppose Force but Force Prayers and Tears are our proper applications to God Almighty but signifie but little with an Arbitrary Prince who will be rather confirmed in his purposes when he finds that he is like to meet with no other opposition But this opposing the King with Arms is not justifiable for every wrong step or miscarriage of the Prince save only in cases of extremity when it 's obvious to every man that the King has cast off his affection to the Common Good and sets up his will in the place of the Law and thereby rendered himself unmeet to sway the Scepter For this reason was King James deposed and therefore is this present Government justified to the last degree by very good reason and the constant practice of our Fore-fathers in the like case For long before King Charles dyed the Nation was very apprehensive of the mischief they should be exsposed to if in case the Duke of York should get into the Throne and he had not long been in possession of the Crown before he convinced the world that those jeers and apprehensions were not groundless for he quickly became so exorbitant in the exercise of his power that the Nation grew very uneasie under him where upon the Duke of Monmouth landed in order to deliver us from that which the Nation had so much cause to fear and it did not please God to give him success Yet I am perswaded it was not by reason of the justness of King James 's Cause that God permitted him to prevail for some years but that he might fill up the Measure of his Iniquities and all the Earth might see how justly he was Deposed To recount the particulars of his Male-Administration would take up too much of your time and therefore I will only say this in short That he had so notoriously broken the Constitution of this Government to set up Popery and Slavery that the Nation was necessitated to rise in Arms and by as good right did they take the Diadem from his Head as he ever had to claim it for he having rendered himself unmeet to sway the Scepter the Crown thereby fell into the hands of the people and where then could they so well and properly dispose of it as to set it on his Head that so generously and opportunely came in to our assistance at a time when the Nation lay gasping and just ready to expire with the weight of Popery and Arbitrary Power What horrible unthankfulness to God and ingratitude to King William is every man professing the Protestant Religion guilty of who is disatisfied with the present Government For I would ask any of them what else could have been done to bring
us to a settlement unless the recalling of King James or that which would in effect have restored him Does any man believe that King James is fitter to govern than he was Is he a less Bigot in his Religion or better inclined to the good of England nay may we not rather expect the contrary from him that he will come in all the rage and fury that the deepest revenge can dictate to him thinking of nothing but Fire and Faggot to burn up all before him And therefore can any man desire the return of King James but such as have actually made their terms with him or else do hope that he will accept of their submission but whatever terms they may make for themselves they can scarcely secure it to their Posterity and does he deserve the name of an English man or good Christian that will give up his Posterity to save himself and much less can he pretend to it who will sacrifice his Country and Religion to the will and pleasure of his Prince How must he divest himself of all manner of humanity that implicitly will execute such unreasonable Commands King James will lay upon every man that must expect any quarter from him for every man that will not be aiding and assisting to his business will certainly be treated as an Enemy There are a sort of people who may well be suspected if not already ingaged yet very welt disposed to joyn with any thing that will destroy this Government and they are First such as refuse the Oaths Secondly Such as have taken the Oaths but swear to this King as only King de facto and to live peaceably under the Government Give me leave to think that both these are much more to blame than the Papists for the Papists pursue their interest whilest they indeavour to restore King James and destroy this Government but these other professing themselves Protestants may be compared to Solomon's foolish Woman that pulls down her House with her hands As to those who have not taken the Oaths I suppose they will not say in their own excuse that they have not because like the Quakers they scruple the taking of any Oath and therefore it must be because they don't believe this to be a lawful Government and if so tho I won't call it a down right opposing of it yet I will presume to say that the next step beyond this can be no other than directly to fall upon the Government and I cannot comprehend why they have done this if they don't intend to go further if herein they have acted like rational Creatures that is to do it for some end and since they have thus separated themselves from the interest of the Government they must confess if they have any ingenuity that this is a very mild Government and that the King is a very merciful Prince that will afford them his protection who will not own him for they will not find in their celebrated Doctrine of the divine right of Kings and Passive-Obedience that they ought to expect the common protection and priviledge of the Government when they won't ingage to defend it and therefore it is not easily comprehended wherefore they do behave themselves with so much assurance and even to glory in what they do unless they expect some suddaen turn of Affairs or that they think themselves so very much in the right and have so much vertue and resolution as to indure the utmost extremity that can befall them but as the first is not much to be feared so their insolent behaviour does not argue that they are altogether acted by a Principle of Conscience and I will not condemn all of them since I believe they may make it matter of Conscience to refuse the Oaths but if they would have the world to think so they should behave themselves so quietly and modestly as men that are guided purely by their Consciences As to those that have taken the Oaths but swear to the King as being only King de facto They seem not much honester than those that have refused the Oaths and are equally dangerous for the taking the Oaths in that sense is a juggling with the Government for it is to make the King a King and no King to make him a King for a time and paying of him a temporary Allegiance for it is expresly to declare that some body else has a better right to the Crown than he and whenever that other person comes in sight their Allegiance to this King ceases and their living peaceably under the Government amounts to no more than that they will live peaceably till they have an opportunity to do otherwise and no longer so that they don't submit to this Government because they believe it to be a lawful one but that they may serve themselves of it and be sure which side soever is uppermost and by this principle they may swear to any Government tho never so unlawful Vpon the whole matter Gentlmen you see how watchful an eye ought to be kept upon this sort of men notwithstanding they have the Church so much in their mouths The French had lately a design to land upon us and I believe they still hover about our Coasts for some such purpose but they will not make such an attempt without the expectation of being take by the hand and who are so likely to joyn with them as those who don 't allow this to be a lawful Government and it so falls out that those who are now secured upon this occasion are either such as have not taken the Oaths or else have sworn to this King as King de facto But since these men talk so much of the Church I would be very glad to be informed how it comes to be in danger and why they are so much the more concerned for it than the rest of mankind I know not well what Church they mean but the Protestant Church of England is not so much indanger'd by any thing as by them for till its dues and rights are withheld from it or other violence is offered to it I cannot imagine why any one should say it is in danger But nothing is so dangerous to the Church as when men of loose debauched lives set up for its chief supporters and when the name of the Church is made use of as a Stalking-horse to serve the designs of a self-seeking Party for when this party of men have nothing else to urge against those things that tend to our settlement they generally cry out it 's against the Church so that it 's hard to know what Church they mean and this I am sure of that I will never be of that Church that is to be supported by King James and a French Government In short Gentlemen if you know of any that have spoke contemptuously of this Government have said the King is only King de facto and have sworn to this Government only to live peaceably under it
have it or not for a power in a King to Oppress and Burden his Subjects is inconsistent with the true Nature and design of Prerogative which was given to the Crown to relieve the Subject where the Law was too keen the better to further the publick Peace If the Prerogative be set above the Law it will quickly devour it for there is no difference betwixt making the King Absolute and destroying the Law because then all our Laws and Statutes are only Rules during his pleasure and a King that desires to sit at ease will not find his reckoning in it for if the Prerogative be once raised above the Law he thereby quits his best Title to the Crown and leaves the decision of the Right to the Sword and then he that has the sharpest will prove by that Rule to have the best Right but he that has a better Title will not claim under the Sword What has been said may in a great measure expose that vile and ridiculous Doctrine of Passive Obedience and Nonresistance which the Example of David sufficiently refutes and no man can pretend to Justify but either because he wants common Sence or in hopes of Preferment will if he can outface all manner of Truth However it was so useful to carry on the Design of Popery and Slavery that all possible ways was tryed to propagate this Doctrine and all Discouragements put upon those who did any thing to lessen the credit of it Just like the policy of the Romish Priests who forbid the Laity the use of any Books that may give them better Light and it is very strange that this Doctrine did not obtain more Credit considering how it was supported both by the Palpit and Press But God be praised that the Nation preserved its understanding and that the time is come that the Truth may be spoke in publick And I would have stopt but that I conceive it to be convenient to say something to let you see how senceless and impudent they are who profess themselves to be Protestants and yet are dissatisfyed that the late K. James is set aside and King William placed upon the Throne And first I do say that I thought it my Duty to draw my Sword in the Defence of my Religion and Government and I did and do think it as lawful to reject the late K. James as to place K. William on the Throne And I hope to satisfy all that hear me that the present Settlement is Justifyed both by the Laws of God of Nature and the ancient Government If what is done were rather expedient then lawful yet one would think that particular persons might acquiesce in what is done by the collective Wisdom of the Nation I mean the Lords and Commons and I shall ever believe that man to be mistaken who thinks himself either more wise or Just than the two Houses of Parliament Till the Prince of Orange Landed I am perswaded that most were of Opinion that we had but this Choice left us either to Turn or Burn and I am inclinable to think that all such as are for recalling K. James are prepared to turn and I wish every man that has a mind to have him here again were with him I know not whether it would be best for them but I am sure it would be so for every man that wishes well to England But to speak more home and directly I take it That there was a People before there was a King That they set the King over them for their good That the Obligation of Protection and Subjection is Mutual That a King by reason of his Male Administration may forfeit his Crown That the End of Government is Peace and Order That it is more for Gods glory for every man to sit safely under his Vine than to be oppressed That no Government can be destitute of a Power to relieve it self That the whole is better than a part That this late Settlement is no new thing the like having been done in all Kingdoms and Governments To suppose there was a King before there was a People is as ridiculous as to suppose a man to be born before he is begot or that a man can live without Food or run before he can go and it will follow that a King may be a King of nothing for what is a King if he have no people Multitudes of other Absurdities will follow so that I need not say any thing more to it And I think the next thing is as plain that it is for their good when a People sets a King over them For to what other intent can it be done all things are done for some end and a People cannot be supposed to be void of the Principle of self preservation since that is inherent in Brutes and Plants and nothing that either breaths or grows but endeavours to preserve it self and can it then be imagined that a People would choose a King for their hurt rather than for their good Indeed sometimes in Judgment to a People God has blinded their Eyes in their choice they have made but their Intention was otherwise And I take it to be as clear that the Obligation of Protection and Subjection is Mutual for the very Nature of all Agreements proves it for in any thing of that nature if one side be bound and the other at Liberty it demonstrates the folly or Rashness of the one Party and cunning or good Fortune of the other and cannot so properly be called a Bargain as a Submission Subjection is really an Effect of Protection and arises from it otherwise Parents would have it in their choice to provide for or neglect their Children and tho' their Right is from Nature and for that Reason more Arbitrary than when it proceeds from compact yet no man will deny but that Parents are bound to Educate and provide all other Necessaries for their Children as far as their Substance will enable them and that nothing can discharge them of this Obligation but the Notorious Disobedience and wickedness of their Children The Nature of our Allegiance proves that the Obligation is mutual because the King takes the Coronation Oath before the Subjects swear to him which shews that our Allegiance is Conditional and such it is in all regular Governments for what can induce one man to obey another but that he ingages to protect him for if I am bound to obey where I have not an Assurance of Protection then if a Tyger or other Monster could get into the Throne I should then be under the same Obligation of Obedience but the reason of this is so obvious to every one of common Sence that I will say no more to it I think it will not be disputed that the End of Government is Peace and Order if not for these it must be for Confusion because there is no Medium between Peace and Confusion now God could not intend the latter because he has declared himself to
distinctly besides they are different in the manner of Proof for that which is necessary to prove the one does in no sort prove the other and furthermore the one may be effected and the other never so much as intended or designed as that the King may be Murdered and no War levyed nor intended And moreover in the one Case it is Treason as well to intend as to execute it without relation to or being joyned with any thing else but it is not so in the other for it is Treason absolutely in it self as well to compass the Kings Death as to Kill him But an Intention to Levy War and the doing of all things in order to it is not Treason unless the War be levyed except by Misplication or Inference and thus much may serve to prove that they are distinct Species of Treason As to the Fourth No doubt that every Statute is to be construed most strictly to restrain the Mischief against which it was enacted For the Uninterrupted course of all Judgments and Resolutions have been accordingly and nothing can more directly thwart common Sence than to make it otherwise and therefore if the State be absolute the more forcibly that it is construed to restrain the Mischief the more truly is the intent of the Statute pursued for how shall any evil be supprest if the remedy must be applyed but by halves For the Law would then be rather a Mockery than a means to redress the Mischief if it shall not be taken most strongly against it either it is or it is not a restraint of the Evil if it is not why was it made If it is It must be understood in that Sence by which the Mischief or Evil may be effectually prevented and suppressed As to the Fifth The Answer will be best understood by Considering first the Significations of these two words apart Viz. Provably and Overt Provably Signifies To prove or make good by Evidence Argument Reason or Testimony Overt has all these Significations open clear plain apparent manifest notorious evident known undoubted certain perspicuous This then being the Significations of those Words what then can follow more Naturally than that to be provably attainted by Over Deed is that the Fact must not only be direct apparent and notorious to the point but it must also be proved clearly evidently plainly and perspicuously void of all doubt or obscurity and those two Words being taken together do the better Expound each other and seem to be choice Words culled out by the penners of that Statute as the most expressive against all Implications and Inferences which might be made in Case of Treason These things being premised which are as easily proved as alledged there will remain very little for them to maintain their Opinion who say That a Conspiracy to Levy War is an Overt Act of compassing the Death of the King The things which are commonly and chiefly urged for that Opinion are these two First It would be of dangerous consequence if a Conspiracy to Levy War may not be interpreted an Overt Act of Compassing the King's Death because there is no means left to prevent it and the Mischiefs attending it when the War is Levyed Secondly If a War be levyed the Death of the King must needs be intended and will certainly ensue if the Rebels prevail In answer to these it may be replyed That the one of them is but a bare Objection and that the other is no substantial Argument because it begs the Question and then surely that must be a feeble Opinion that has no better a Foundation But a more particular answer to them will discover the Sandy Foundation upon which this Opinion is built And it will be more proper to begin with the Second because in giving an answer to that the other will in a great measure receive an Answer also Therefore as to the Second It may be observed that the Death of the King is made so certain and necessary a Consequence of Levying of War that by reason of that certainty a Conspiracy to Levy War is an Over Act of Compassing the Kings Death Now therefore if that certainty will not hold but that many Cases may be put and Instances produced wherein the Kings Death is not intended nor did it ensue upon the prevailing of the Party then is the whole weight and strength of that Argument of None Effect The Hugonots in France have heretofore Assembled together in Arms and tho' they repeated it several times yet in which of those Occasions does appear either by the cause of their coming together in that manner or by the issue of it that it was Levelled at the Kings Life No the Cause of their rising in Arms was for the asserting of their Religion and just Rights for as soon as their Reasonable Demands were satisfyed they laid down their Arms more willingly than they took them up neither did they attempt any thing against the Kings Life when he was in their power but after they were answered in those things to which they had Right both by the Laws of Nature and the Government immediately they returned home in peace and upon all other occasions proved the most firm and Loval Subjects of all that Kings Dominions and as this present King of France must witness for them if he will do them Justice If the Protestants in France should at this time take up Arms upon so just a provocation as they now have it would be very senceless to suppose that they Levy'd the War with a principal Design to Murder the King and not for the Defence of themselves and their Rights which are so inhumanly and against all Law and Justice at the same time invaded and ravisht from them Story is full of like Cases and Instances to this but to speak more particularly to England What was the Barons Wars the answer to which must be that they took up Arms to assert their Rights and Liberties which the King contrary to his Oath withheld from them and that it lasted near 40 Years yet the Kings Death was never intended nor his Life in any danger for as soon as their just demands were answered they put up their Swords and every man returned home and pray'd for the life of the King And out of English Story what one instance can be produced where the cause of War was declared to be against the Kings life or if that party prevailed the King was put to death by their general consent and approbation For tho' it be true that there are some instances where they have been Murdered after the War yet it is also as true that it was by private Assacination and not by the consent and privity of those who levyed the War for all those that were concerned in the Murder were condemned and executed for it as Traitors as in the Case of Edw. 2d and Richard 2d And as for that of Charles the First which is so much pressed and urged
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
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
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
it may be well-pleasing to thee and let all our Oblations be now and ever acceptable in thy sight O Lord our Strength and Mighty Redeemer GRacious God who hast made it our Duty as well as our Interest to draw nigh thee assist us we beseech thee in these our Supplications and Prayers which we are now about to put up unto thee and let all our Devotions be now and ever acceptable in thy sight O Lord our Strength and Mighty Redeemer WE bless thy Name for the Mercy of this day in that thou hast permitted us to hear thy Word read and preach'd Grant O Lord that what we have heard may sink down into our Hearts and assist us we beseech thee to endeavour to practise it in the remaining part of our Lives and let it be the savour of Life to every one of us and not the savour of Death to any continue thy Gospel amongst us and let not the cloud of Superstition or Idolatry overspread and darken these Realms RAise us up in the Morning prepared for the Duties of the day ensuing let us fix our Thoughts upon the great and holy business of that day and not hastily rush into thy presence till we have deliberately thought upon what we are to do let us come in meekness and humility that we may hope to meet thee in thine Ordinance and be sent away with a Blessing Hear us O Lord and answer us not according to our demerits and unworthiness or coolness in asking but according to thy love in Jesus Christ to whom with thy self and the Blessed Spirit be all Praise and Adoration both now and for evermore Amen RAise us up in the Morning fitted for our several Duties and Stations and such of us as are design'd to undertake a Journey go along with us and preserve us from those dangers and accidents to which we are then more especially exposed guide us in our way and return us in Grace and Safety and let us all at last meet in thy Kingdom These and all other thy Mercies we beg for the sake of thy Son Christ Jesus our Lord and Saviour to whom with thee and the Holy Ghost be all Praise and Adoration both now and for evermore Amen AND we bless thy great and holy Name that thou hast brought us back again in Peace and Safety to this place through thy great goodness we were preserv'd from thousands of Accidents to which we were then more especially exposed Let us ever be mindful we beseech thee of thy Goodness and endeavour to walk worthy of thy Mercy and Protection ACcept we pray thee our Thanks for thy little Servant we acknowledge thy Goodness that he is in so good a way of recovery and bless the Means that are used of recovery perfect we beseech thee the good work that thou hast begun and save his Life and let him live to be a good old Man and let us all learn to see how frail we are and that in thee we live move and have our being WE desire at this time in particular to offer up our Praises to thee for the safe return of thy Servant after a long Absence and tedious Journey great are our obligations to thee that we are again met together and see the Faces of one another with so much comfort thy Goodness has notably appeared in restoring several of them to their health who were so near the Grave it was not for any Righteousness or Desert in us that thou hast dealt thus graciously with us but thou art merciful because thou wilt be merciful O teach us good God hereby to love thee better and fear thee more and let us endeavour to walk worthy of all thy Kindness 〈◊〉 may not repent thee of the Good done unto thy Servants AND we desire at this time in particular to bless thy Name for the safe return of thy Servant to this place let thy Goodness be sanctified to us and enable us to express our Thankfulness by an upright and obedient walking before thee And as for him as he is like to be a great so make him a good man give him Grace that he may remember his Creator in the days of his Youth let him fear God and eschew Evil give him a true Zeal for thy Glory and the Good of his Country and make him an eminent promoter of both Let him walk closely with thee all the days of his life that after he has accomplish'd a good old age here he may then be received into Abraham's Bosom SOME MEMOIRS OF THE METHODS Used in the Two Last Reigns IT having been usual upon these Occasions for the Bench to say something to the Grand Jury I am apt to believe it may be expected at this time since it is very probable that many now present came hither as well out of curiosity to hear what is given in charge to the Grand Jury as to see what sort of men would sit upon the Bench. When I obtain'd the King's Leave to come home I did not expect to have met you here so that I have had very little time to prepare for this Undertaking and therefore fear I shall not acquit my self so much to your satisfaction as might be hoped and I could desire What I have to say is not to fall soul upon any under a Cloud for I don't desire to fit heavier upon any man than is necessary so I would if possible prevent unreasonable men from setting their Feet again upon our Necks I need not tell you that we were lately upon the Brink of Destruction nor say any thing to aggravate the matter to make you sensible of the Condition we were in but perhaps many of you may have forgot or are not throughly informed how long and by what methods the Design was carried on and to that I will apply my Discourse The Design of extirpating our Religion and Liberties is of a much ancienter date than the Reign of the late King James for he took up the matter as others had left it and gave the finishing stroke to that of which there was violent Symptomes very early in the Reign of K. James I. but being under a necessity of doing every thing obliquely and by a side-wind till the time of King Charles II it would take up more time than can now be spared to explain the transaction of those Times and therefore I only observe how the matter has been carried on since the Restauration of King Charles the Second That King had no sooner set his Foot again on English Ground but the design of depriving us both of our Religion and Liberties appeared tho' in disguise and in a short time had made a great progress through the favour of that King who assisted it all manner of ways as well by Rewards 〈◊〉 Favours so that at last it became a Test upon all Persons that would be preferred or employed their Inclinations to serve that Interest being more regarded than their other Abilities or
but told the Parliament to their Face that he had so done and was resolv'd to proceed and he was as good as his word for he made Popish Officers Justices of the Peace and Judges upon which Loyalty began to decline for they fell away from him every day more than other But he stopp'd not here for that he might disoblige the Tories and Clergy as well as he had the rest of the Nation the Papists excepted he set up the High Commission and then the Declaration of Indulgence and for refusing to comply with it he clapp'd up seven of the Bishops in the Tower I am far from detracting from the Praise that is due to that Action of the Bishops yet give me leave to say the Merit of it is not so great as many have cry'd it up to be for they refused to read the Declaration more out of Self-Interest than out of regard to the Publick otherwise why did they not refuse to read the Declaration of Charles II. upon his dissolving the Oxford Parliament which struck more directly at the Heart of the Government than King James did yet not one Bishop refused it and accounted every one disaffected to the Government that did dislike it And that which further prevails with me to be of this Opinion is because some of these Bishops at this time refuse to take the Oaths It would be endless to run through all the Particulars of King James's Exorbitant Reign but in short he had turn'd the Government on its Head and was resolv'd to set up Popery instead of God's true Worship and his Absolute Will and Pleasure in the room of the Law and had fully accomplish'd his purpose if God had not sent us a Deliverer by whose assistance we thrust him from the Throne For having broke his Coronation-Oath and the Condition upon which he receiv'd the Crown he thereby lost all the Right of swaying this Scepter And by a just and real Authority with which the People of England are invested upon such occasions has the Nation by a full and free Consent placed King William on the Throne who I trust will be the Repairer of our Breaches How then ought we to rejoyce what cause have we to be thankful for such a stupendious Change when we had nothing but a fearful looking-for of utter Ruine we now enjoy the Protestant Religion instead of Idolatry and a just and equal Government instead of Slavery and all this brought about without the expence of Blood So that I stand amaz'd when I hear of any that are for recalling the late King James if there be any such I hope I shall not be accounted severe if I wish they were with him for I think it would be best and safest for them and every body else Can any Man be so senceless as to desire to set that man over them again who had once destroy'd their Religion and Liberties and had justly forfeited his Crown by Male Administration for when the King denies his Protection the People are discharged of their Obedience to him because the Obligation of Protection and Subjection is reciprocal Nay I may presume to say that the People have a greater Right to be well govern'd than any King can have to his Crown for their Right of being well govern'd was first in Nature and secondly it is necessary to the being of Mankind but so is it not that this or the other man be on the Throne nor even the form of the Government it self for that sort of Government is most necessary that is best for the Common Good We now fit safely under our Vines and Fig-trees and every man may Worship God without being hawled to a Goal the Bone is taken away that the Papists used to throw amongst Protestants to set them together by the Ears And truly it was always my Opinion that it would never go well with England till every man might worship God in his own way And this being thus happily accomplish'd I do beg your permission to offer my Advice which is this That all Protestants would now unite against the Common Enemy and forbear all Distinctions and Revilings though we may differ in some things yet let us neither reproach him that goes to his Parish Church nor be scandaliz'd at him that goes to a Barn let no man be offended at a Liturgy or set Form of Prayer nor think extempore Prayer is unacceptable to God every Tub must stand on its own bottom therefore let every man be more careful to mind and mend his own Failings than to observe the Faults of others let every man live up to the Doctrine he professes and sincerely act according to his Principles and prefer the publick before any private Interest and then it will go well with them here and hereafter Thus have I given you my scatter'd Thoughts which I have endeavour'd to put together as well as I could with the short leisure I have had As to the particular Business of this day it would be needless to offer you any Directions your Oath has sufficiently instructed you and I suppose most if not all of you understand your Duty as well as I can inform you therefore I will only say that whatever is an Offence against the Law is presentable by you Your Country has reposed a great and honourable Trust in you and I don't doubt your good and faithful discharge of it only this I desire to recommend to you That you will not find any Indictment or Presentment upon Suspicious or slight Evidence for it is unjust unreasonable and may be of fatal consequence to our selves or our Posterity A Man's Reputation is a precious thing and no man ought to be troubled unnecessarily And I do rather give you this Caution because it was the Practice of the Late Times and I hope we shall rather reform their Practices than follow them and come nearer to the Golden Rule of doing as we would be done by But in saying this I don't design to lead you out of the way of Justice that any who have offended the Law should escape Punishment Let the Guilty receive the Reward of their Doings and the Innocent suffer no Wrong and then shall we be a happy People So I will trouble you no further but to pray God to direct you in your Business SOME ARGUMENTS To prove That There is no Presbyterian but a Popish PLOT AND Against the Villany of Informing in 1681. I Will trouble you but with a few words before I proceed to the Particulars of your Charge and I hope no body of the Protestant Perswasion will be offended at what I have to say I have heard it positively affirm'd That 80 81. is become 40 41. That the same Game is now playing that was then If by this is meant That our old and restless Enemies the Papists are now at work that it is they who at this time are labouring our Destruction and that they are the Danger that threatens
most noise and bustle about some other People for nothing can give them so great Security and Certinty to execute any Plot or Design as when they amuse the Government with the Fear and Danger of other People and accordingly have they acted all-along The Parisian Massacre was performed with the greater Certainty by pretending that the Hugonots had a design to seize the King In all the Attempts that were made upon Queen Elizabeth if any of them had taken effect it was to have been charged upon the Puritans as they were called The Gun-powder Plot if it had succeeded the Protestants were to have born the odium of it And if their present Conspiracy had not been prevented by an opportune discovery it must have been cast upon the Dissenters and thence the Papists would have taken occasion to murder Thousands of Protestants And though they were defeated at that time yet they quickly after attempted it again in Mrs. Celier's Meal-tub Plot and though that had no better success than the former yet I hope it is no breach of Charity to conclude that this noise of a Presbyterian Plot is a Contrivance of the Papists to cover their own Bloody Design till they have put it in execution It is a Plot of a large extent and what the Reformed in France endure at present is an Effect of it and the reason why they are not quite destroy'd is because the Work is not done here but if they could ever carry their Business here not only the Protestants in this King's Dominions and those in France but all the Protestants in Christendome must undergo the utmost Cruelties that Hell and Rome can invent And since nothing will suffice but our utter Destruction if they get the upper hand it is high time to unite our selves to oppose so dreadful an Enemy And for my part I do believe that I should incut the Censure of a Mad-man if my House were beset by People who had resolved if they could get in to spoil my Goods and cut the Throats of me and my Family if some of my Servants had offended me I should chuse rather at that time to correct them for their Offence than to pass by their Fault and encourage them to assist me against those who were attempting to break into my House And in my opinion there is the same reason to be at this time a little tender so far as by Law we can towards those who differ from us only in Circumstantials till the Common Enemy is subdued and then we may with greater Safety and Security use proper ways to make them more conformable I must confess that I am not very inclinable to persecute People barely on the score of Religion and I think His Majesty has declared himself to the same purpose and till the discovery of the Plot there was no man who found less fault with the Papists than I did but by it I am convinc'd that no Peace is to be had with them who without any provocation for they were tenderly used should frame and be ready to execute so black a Design as not to leave one Protestant alive Therefore if the danger to the King our Laws and Religion does not arise from the Papists I cannot imagine what else we need to fear but every man may sit safely under his Vine and Fig-tree I am very sensible that there are some who watch my Words and Actions very narrowly and from this present Discourse will take occasion to call me Fanatick or Presbyterian or if they could think of any term of greater Reproach would not stick to lay it upon me but such Revilings don 't disturb me for the Mischief they design to me by it will fall upon their own Pates for their Accusations are false they cannot charge me with the wilful breach of any Law or in what Particular I don't conform to the Church I am sure they cannot convict me of any enormous Crime if any day be appointed by the Government whether for Fasting or Thanksgiving they cannot say that I failed in my Duty they cannot say that upon the 30th of January or any other day of Humiliation that at night when I should have been in my Bed or else in my Closet to lament the Sins of the Nation and to bewail my own Offences that either at my own House or any adjacent Alehouse I sate drinking and tippling till three or four a clock in the morning till I had made my self and the rest of the Company drunk If any man be guilty of such things he highly deserves the Severest Punishment that can be inflicted upon him for this is such grand Hypocrisie and so plain a bidding of defiance to God that they are dangerous to any Civil Society Such People as these who fast only to prepare their Bodies for the Nights debauch are the Informers upon Penal Statutes who to gain something to themselves put their Neighbours to a treble charge these make no Conscience of an Oath and are inclinable rather to swear too much than too little yes neglect their manifest Duty to God that they may be able to accuse their Neighbours of a smaller Offence Men of such Principles and Practises as these are they who beget an ill understanding betwixt the King and his People by Informations and Suggestions which if they were but made publick they would be ashamed to own by these they endeavour to create in His Majesty a dislike of others who are better than themselves in every respect and hence it occasions that our domestick affairs are pry'd into I will not take upon me to say how legal these things are or how far these Proceedings are warranted by Law but I will leave it to every man to consider whether he is not safer any where than at his own House whether his Table may not become a Snare to him and his own Servants shall be the means to cut his Throat But if Informers would acquaint themselves with the Laws concerning Informations and Suggestions they would not be so hasty in accusing others for the Law does not seem to favour them at all but rather discourages such Proceedings for it gives the Party injur'd very good Reparation and severely punishes the Informer if his Accusation prove false as you will find by these Statutes 5 Ed. III. 9. It is enacted That no Man from henceforth shall be attacked by any Accusation nor fore-judged of Life or Limb nor his Lands Tenements Goods or Chattels seized into the King's Hands against the form of the great Charter and the Law of the Land 37 Ed. III. 18. Though it be contained in the great Charter That no Man be taken or imprisoned not put out of his Freehold without process of Law nevertheless divers People make false Suggestions to the King himself as well for Malice as otherwise whereof the King is often grieved and divers of the Realm put in damage against the form of the same Charter Wherefore it 's
wealth thinking no doubt to enjoy greater Priviledges and Immunities than now they do But I am apt to believe that they who are not contented under this Government have not consider'd aright what a Common wealth is A Common-wealth makes a sound and shadow of Liberty to the People but in reality is but a Monarchy under another Name for if Monarchy be Tyranny under a single person a Common wealth is Tyranny under several persons as many Persons that govern so many Tyrants but let it be the best that can be yet the People under any Common-wealth enjoy not that Liberty that we do Gentlemen as the Excellency of this Government is an Argument sufficient to disswade any of us from the least attempt of alteration so Experience has taught us that no sort of Government but that we now live under will suit or agree with England Let us but consider the late Troubles how many several kinds of Government were there set up one after another All ways were tryed but nothing would do till we were returned to our old and ancient way But Gentlemen it may fall out that we our selves may be the Authors of our own Destruction for whatever the Parliament does we are bound up by it if they pass a Law to give away all we have to the King we must submit to it for it is our own Act and therefore it highly behoves us to be very cautious who we chuse to represent us in Parliament we put all we have into their Hands and what they do must bind and oblige us Every Man is mortal and possibly may be corrupted to vote against the Interest of them he represents I accuse none of your Representatives nor do I accuse all only tell you that Men may be corrupted Therefore in my opinion whenever you have occasion to chuse a Member for the Parliament as now you have you ought to have a care of an ambitious Man or a Man that is vain glorious for it was never known that any of that Temper were so out of a real intention to the Publick Good for Ambition or Vain-glory was never accounted to be the Make of an Honest Man and if you 'll give me leave I 'll tell you what sort of a Man I shall give my Vote for if I cannot have a Man that is both wise and honest then I would rather be for an honest than wise man for I would rather trust all I have with a man that is truly honest and less knowing than with a man that is more knowing and less honest I shall always be for a man that has a good Estate in the Country for though he may possibly forget us yet he will remember himself and avoid all unnecessary charge upon the Country because he himself is to pay part of it Next I am for a moderate man one that is not strict or rigid neither one way nor the other either in Church or State for it's Moderation that must keep every thing in right order and it's Severity and Rigidness that will bring things into confusion In short Gentlemen let your own Judgment and not another Man's Interest or Inclination direct you in this case for our Parliament is our Weal or Woe And now I will proceed to the Particulars of your Charge The first and chief thing that you are to present is High-Treason To Compass or Imagine the Death of the King the Queen of their Eldest Son Now Gentlemen you must observe that the Heirs to the Crown are of two sorts first Heir Apparent that is the King 's Eldest Son that is living for no body else can be Heir Apparent secondly their Expectant or Presumptive that is he who in course of Descent is next in Blood to the King if he hath no Son Now the Offence is not so great to kill or procure the Death of the Heir Expectant as it is to compass or imagine the death of the Heir Apparent To levy War against the King in his Realm or to adhere to the King's Enemies in his Realm or to give them Aid or Comfort in the Realm or elsewhere To counterfeit the King 's Great Seal or Privy Seal or his Money To bring false Money into England counterfeit the Money of England and knowing the same to be false with intent to make payment with the same To kill or slay the Chancellor Treasurer or the King's Justices of the one or the other Bench Justices in Oyer or of Assize and all other Justices assign'd to bear and determine being in their Places doing their Offices To counterfeit the King's Sign Manual Privy Signet or Seal by 1 Q. Mary 6. To diminish scale or lighten the current Money of England 18 Eliz. 1. So Clipping Washing Rounding and Filing of Current Money by 5 Eliz. 2. There are too many Offenders in this nature amongst us The second time to extol and maintain the Pope's Authority formerly usurped here and the second time to refuse to take the Oath of Supremacy 5 Eliz. 1. A Priest or Jesuite that shall come and remain here who shall be in any Seminary and not return within six months after proclamation 27 Eliz. 2. To put in use any Bull or Instrument of Reconciliation or Absolution from Rome or from any person authorized or claiming Authority from Rome Any Person that shall willingly receive any Absolution and all Aids and Abettors it 's High-Treason in them by 13 Eliz. 2. To withdraw any of the King's Subjects from their Obedience or Religion And such Persons as shall be withdrawn from their Obedience to the King or their Religion 23 Eliz. 1. And now Gentlemen give me leave to take notice to you of them who very largely discourse that the King is above the Laws I am very apt to believe that they don't consider very well what they say nor don't know or remember that as it is High-Treason to kill or hurt the King so it is High-Treason to subvert the Government or to endeavour any alteration of it and then I would ask any man to solve me this Question Whether or no it be not an alteration of the Government to render all our Laws ineffectual and useless which must necessarily follow and where it is or upon what they ground their Opinion I am sure the Word of God warrants no such thing nor can any such thing be found in the ancient Government of this Island for at first it was govern'd without a King I don't mention this as if I question'd the King's Title to the Crown no Gentlemen I would have every subject to pay him all possible Duty and Obedience but I say this to shew you that there is no Ground for that Opinion that the King is above the Laws And I am sure I never met with it either in Magna Charta or any Law made since and therefore I could wish they would forbear to preach up such destructive Doctrine both to King and People I am sure it is for
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