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A53380 A display of tyranny, or, Remarks upon the illegal and arbitrary proceedings, in the courts of Westminster, and Guild-Hall London from the year, 1678, to the abdication of the late King James, in the year 1688, in which time, the rule was, quod principi placuit, lex esto : the first part. Oates, Titus, 1649-1705. 1689 (1689) Wing O35; ESTC R16065 100,209 272

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part of those Forces with great difficulty caused by them to be Disbanded at the Kingdoms great Expence and it being evident that notwithstanding all the continual endeavours of the Parliament to deliver his Majesty from the Councils and out of the power of the said Duke yet his interest in the Ministry of State and others have been so prevalent that Parliaments have been unreasonably Prorogued and Dissolved when they have been in hot pursuit of the Popish Conspiracies and ill Ministers of State their Assistants And that the said Duke in order to reduce all into his own Power hath procured the Garrisons the Army and Ammunition all the Power of the Seas and Souldiery and Lands belonging to these three Kingdoms to be put into the hands of his Party and their Adherents even in opposition to the Advice and Order of the 〈◊〉 Parliament And as we considering with heavy hearts how greatly the Strength Reputation and Treasure of the Kingdom both at Sea and Land is wasted and consumed and lost by the intricate expensive management of these wicked destructive Designs and finding the same Councils after exemplary Justice upon some of the Conspirators to be still pursued with the utmost devillish Malice and desire of Revenge whereby his Majesty is in continual hazard of being Murdered to make way for the said Duke's advancement to the Crown and the whole Kingdom in such case is destitute of all security of their Religion Laws Estates and Liberty Sad Experience in the Case of Queen Mary having proved the wisest Laws to be of little force to keep out Popery and Tyranny under a Popish Prince We have therefore endeavoured in a Parliamentary way by a Bill for that purpose to Bar and Exclude the said Duke from the Succession to the Crown and to Banish him for ever out of these Kingdoms of England and Ireland But the first means of the King and Kingdoms safety being utterly rejected and We left almost in Despair of obtaining any real and effectual Security and knowing our selves to be intrusted to advise and act for the preservation of his Majesty and the Kingdom and being perswaded in our Consciences that the dangers afore-said are so eminent and pressing that there ought to be no delay of the best means that are in our power to secure the Kingdom against them We have thought fit to propose to all true Protestants an Vnion amongst themselves by solemn and sacred Promise of mutual Defence and Assistance in the preservation of the true Protestant Religion his Majesty's Person and Royal State and our Laws Liberties and Properties and we hold i● our bounden Duty to joyn our selves for the same intent in a Declaration of our united Affections and Resolutions in the form ensuing I A. B. do in the Presence of God solemnly Promise Vow and Protest to maintain and defend to the utmost of my Power with my Person and Estate the true Protestant Religion against Popery and all Popish Superstition Idolatry or Innovation and all those who do or shall endeavour to spread or advance it within this Kingdom I will also as far as in me lies maintain and defend his Majesty's Royal Person and Estate as also the Power and Priviledge of Parliaments the lawful Rights and Liberties of the Subjects against all Incroachments and Vsurpation of Arbitrary Power whatsoever and endeavour entirely to Disband all such Mercenary Forces as we have reason to believe were raised to advance it and are still kept up in and about the City of London to the great Amazement and Terror of all the good People of the Land. Moreover James Duke of York having publickly propessed and owned the Popish Religion and notoriously given Life and Birth to the damnable and hellish Plots of the Papists against his Majesty's Person the Protestant Religion and the Government of this Kingdom I will never consent that the said James Duke of York or any other who is or hath been a Papist or any ways adhered to the Papists in their wicked Designs be admitted to the Succession of the Crown of England But by all lawful means and by force of Arms if need so require according to my Ability will oppose him and endeavour to Subdue Expel and Destroy him if he come into England or the Dominions thereof and seek by Force to set up his pretended Title and all such as shall adhere unto him or raise any War Tumult or Sedition for him or by his Command as publick Enemies of our Laws Religion and Country To this end We and every one of Vs whose hands are here-under written do most willingly bind our selves and every one of Vs ●nto the other joyntly and severally in the Bond of one firm and loyal Society or Association and do Promise and Vow before God that with Our joynt and particular Forces We will oppose and pursue unto Destruction all such as upon any Title what soever shall oppose the Just and Righteous ends of this Association and Maintain Protect and Defend all such as shall enter into it in the just performance of the true intent and meaning of it And least this just and pious VVork should be any ways obstructed or hindred for want of Discipline and Conduct or any evil minded Persons under pretence of raising Forces for the Service of this Association should attempt or commit Disorders We will follow such Orders as we shall from time to time receive from this present Parliament whilst it shall be sitting or the major part of the Members of both Houses Subscribing this Association when it shall be prorogued or dissolved and obey such Officers as shall by Them be set over Vs in the several Countries Cities and Burroughs until the next meeting of this or another Parliament and will then shew the same Obedience and Submission to it and those who shall be of it Neither will we for any respect of Persons or Causes or for Fear or Reward separate our selves from this Association or fail in the prosecution thereof during our Lives upon pain of being by the rest of us prosecuted and suppressed as perjured persons and publick Enemies to God the King and our native Country To which Pains and Punishments we do voluntarily submit our selves and every one of us without benefit of any colour or pretence to excuse it In witness of all which Premisses to be inviolably kept we do to this present Writing put our Hands and Seals and shall be most ready to accept and admit any others hereafter into this Society and Association It is to be observed that this Paper had neither date nor any Hand to it nor did it appear of whose Hand-writing it was but Sr Francis Wythens aggravated the matter saying That tho' the Paper began very plausibly and went a great way so yet in the last clause but one they came to perfect levying of War declaring that they would joyn to destroy the mercenary Forces about London the words by the way were to
and upon whom the following Vote passed in the House of Commons December the 24th 1680. Resolved Nemine contradicente That Richard Thompson Clerk has publickly defamed his Sacred Majesty preached Sedition Vilified the Reformation promoted Popery by asserting Popish Principles denying the Popish Plot and turning the same upon the Protestants and endeavoured to subvert the Liberty and Property of the Subject and the Rights and Priviledges of Parliament and that he is a Scandal Reproach to his Function Resolved That the said Richard Thompson be Impeached thereupon Men of this Kidney having made way for its belief We were from this time entertained with a Succession of sham Presbyterian-Plots the first thereof known by the name of the Meal-tub-Plot being happily discovered by Mr Dangerfield both Lords and Commons taking the Alarm did set themselves with double diligence to the Prosecution of the Popish-Plot and to find out ways for the Uniting Protestants and for Easing Dissenters so little had the opinion of a Presbyterian-Plot prevailed within their Walls and the Commons seeing a Dissolution at hand passed these Votes December the 15 th 1680. Resolved Nemine contradicente That a Bill be brought in for an Association of all his Majesties Protestant Subjects for the safety of his Majesties Person the defence of the Protestant Religion and the preservation of his Majesties Protestant Subjects against all Invasions and Oppositions whatsoever and for reventing the Duke of York or any Papist from succeeding to the Crown January the 7 th 1680. Resolved That it is the Opinion of this House that there is no security or safety for the Protestant Religion the King's Life or the well Constituted and Established Government of this Kingdom without passing a Bill for disabling James Duke of York to inherit the Imperial Crown of England and Ireland and to rely upon any other means or remedies without such a Bill is not only insufficient b●… dangerous January the 10 th 1680. Resolved That it is the Opinion of this House that the Prosecution of Protestant Dissenters upon the Penal Laws is at this time grievous to the Subjects a weakning of the Protestant Interest and encouragement to Popery and dangerous to the Peace of the Kingdom The next Moment after the passing this Vote the Parliament was prorogued for ten days and quickly after dissolved A new Parliament was forthwith Summoned to meet at Oxford the 21 st of March following but though the place was changed the Conspirators found there most of the Zealous Protestant Members of the Westminister Parliament who came thither animated to prosecute the Popish Plot the Exclusion of the Duke and the Uniting of Protestants by Addresses from those whom they represented whereof take an Instance To the Honourable Sr Samuel Barnardiston and Sr William Spring Baronets Knights of the Shire for the County of Suffolk Gentlemen WE the Freeholders of this County having chosen you our Representatives in the last Parliament in which We had satisfactory demonstration of your Zeal for the Protestant Religion of your Loyalty to his Majesties Person and Government and of your faithful Endeavours for the preservation of the Laws our Rights and Properties We now return you our most hearty Thanks and have Vnanimously chosen you to Represent this County at the Parliament to be holden at Oxford the 21 th of March next and though We have not the least distrust of your Wisdom to understand or of your Integrity and Resolution to maintain and promote our common Interest now in so great hazard yet We think it meet at this time of eminent danger to the King and Kingdom to recommend some things to your Care and particularly We do desire First That as hitherto you have so you will vigorously prosecute the execrable Popish Plot now more fully discovered and proved by the Tryal of William late Viscount Stafford Secondly That you will promote a Bill for Excluding James Duke of York and all Popish Successors from the Imperial Crown of this Realm as that which under God may probably be a present and effectual means for the preservation of his Majesties Life which God preserve the Protestant Religion an the well Established Government of this Kingdom Thirdly That you will endeavour the frequent Meeting of Parliaments and their sitting so long as it shall be requisite for the dispatch of those great Affairs for which they are convened as that which is our only Bulwark against Arbitrary Power Fourthly That you will endeavour an happy and necessary Vnion amongst all his Majesties Protestant Subjects by promoting those several good Bills which were to that end before the last Parliament And that till these things be obtained which We conceive necessary even to the Being of this Nation you will not consent to bring any Charge upon our Estates And We do assure you that We will stand by you with our Lives and Fortunes in prosec●…ion of the good Ends before recited This Parliament beginning where the former left and being found to adhere unalterably to the Resolution of rooting out the Plot and of Excluding the Duke as the only adequate remedy for all the threatning Evils to the Kingdom they were after a very few days Sitting upon the sudden Dissolved and followed into their own Countries with a Declaration bearing date April the 8 th 1681 pretending to set forth the ●…ses and Reas●… that moved the ●…ng to Dissolve that and the preceed●… Parliament b●…cally designed to expose and blacken those worthy Patriots and to that end it was ordered to be read in all Churches and Chappels throughout the Kingdom which was readily obeyed To wheadle the Nation till it might be noosed that Declaration according to the mode of that Reign spoke and promised fare tho the train was then laid to blow up our Religion Laws and Liberties It exhorted us that the restless malice of Ill Men who were labouring to poison the People might not perswade us that the King did intend to lay aside the use of Parliaments and declared that no Irregularities in Parliaments should ever make him out of love with Parliaments And that he resolved by the Blessing of God to have frequent Parliaments and both in and out of Parliament to use his utmost Endeavours to extirpate he means Establish Popery † Note this was after his Fathers Copy who by a Declaration in the year 1626. to justifie his Arbitrary way of Leveing Money by way of Loane said that his Occasions would not give leave for the calling a Parliament but assured his People that he intended not to serve himself by such ways to the abolishing of Parliaments and yet the Nation saw not a Parliament from the 3 d to the 16 th year of that Reign vide Rushworth's Collections first Part page 418. This Royal Grace or rather Slander upon one of the three Estates was not only proclaimed from the Readers Desks but was promulgated from both Pulpit and Press five days after the emiting this Declaration
into the bargain but that Mr Justice Pemberton checkt it by holding up his hands in Admiration this persons Crime was the publishing a Book called An Appeal from the Country to the City in which this passage was contained We in the Country have done our parts in chusing good Members for Parliament but if they must be Dissolved or Prorogued when-ever they come to redress the Grievances of the Subject we may be pittied not blamed if the Plot takes effect as in all probability it will Our Parliaments are not then to be condemned for their not being suffered to sit occasioned it But now when we come to Judgments for Misdemeaners on the other side We shall perceive great Compassion and Mercy appearing in that Court indeed Reading who was Convicted for the first attempt upon the King's-Witnesses was adjudged to pay 1000 l. to be Pilloried and Imprisoned for a year and one would have thought that more severe Judgments would have past upon such as should dare to repeat the same Crimes after such an Example but we see the contrary About six Months afterwards Knox and Lane being Convicted of the same Offence accompanied with much blacker Circumstances Knox the principal was only Fined 200 Marks and condemned to a years Imprisonment and to be bound to the good Behaviour for three years And Lane Fined 1●… Marks and adjudged to stand once in the Pillory and to be Imprisoned a year And now in the Case before us Mr Tasborough a Gentleman of a good Estate who had treated about so great a Villany in the name of the Duke of York was only Fined 100 l. And Mrs Price 200 l. But who can admire at this notorious departure from the rules of Justice and Equality in the assessing of Fines that remembers that the Chief Justice Scroggs did in this very Term declare in open Court in the Case of Dr Jessop a very honest and worthy Protestant of Norfolk that he would have regard to Persons and their Principles in imposing of Fines and would set a Fine of 500 l. on one person for the same offence for which he would not Fine another 100 l. And accordingly Fined Dr Jessop 100 l. for reporting false News as they called it and at the same time Fined the Doctor 's Author of that News a right Tory no doubt only five Marks Now surely will the Reader say this Jessop was undoubtedly a very naughty Man but to undeceive him I can affirm he is as true a Church of England Man as can be found and the bad principle which made him to be thus marked was that he was an avowed Enemy to Popery and true to the Liberties of England and did upon every occasion exert himself to a degree hardly to be equalled by any Gentleman of Norfolk for the chusing deserving men for Knights of the shire and particularly for Sr John Hobart then whom none ever deserved better of that County and whose name will always be remembred there with great Honour For this extravagant Partiality and Injustice in imposing Fines the Court of Kings-Bench was deservedly marked with this Vote of the House of Commons December the 23 d 1680 Resolved That the Court of King's Bench in the Imposition of Fines on Offenders of late years hath acted Arbitrarily Illegally and Partially Favouring Papists and persons Popishly affected and excessively Oppressing Protestants Reflections upon the Proceedings in the Old Baily before the Lord Chief Justices Pemberton and North. November 24 1681. upon an Indictment for High Treason framed against the Right Honourable Anthony Earl of Shaftesbury for conspiring the Death of the King and Subversion of the Government THe Names of the Grand-Jury returned by Sheriff Filkington and Sheriff Shute and who were Sworn upon that occasion were Sr Sam. Barnardiston John Morden Thomas Papillon John Dubois Charles Herle Edward Rudge Humphrey Edwm John Morris Edmund Harrison Joseph VVright John Cox Thomas Parker Leonard Robinson Thomas Shepherd John Flavel Michael Godfrey Joseph Richarson VVilliam Empson Andrew Kendrick John Lane and John Hall. A sort of people called Tories wedded to their own blindness having loudly clamoured of this great Jury I shall here add the names of those who were returned upon the same Pannel Alderman Ellis Mr Mellish Mr Tho. Gardener Samuel Swinnock Mr Ben. Godfrey Mr John Pollexfen Mr John Smith Mr John Gardener Mr Peter Delence Mr Peter Hubland Mr William Ashurst Mr John Deagle Mr Thomas Western Mr Bonnel Mr Gabriel Wheatley Mr Tho. Carpenter Mr L. Baskervile Mr George Marwood Mr John Smith And now let all who know the City of London judge whether a more substantial Pannel in every respect was ever returned to serve at the Old-Bailey The King's Council for the management of this Intrigue were The Attorney General Sr Francis Wythens the Abhorrer of Parliaments And Mr Saunders afterwards the Quo Warranto Lord Chief Justice Mr Graham the Solicitor of all the late Sham Plots upon Protestants and pay-master of corrupt Juries and perjured Witnesses solicited this Prosecution and hence took his first step to such Preferment as enabled him to give Eight or ten thousand Pounds with a Daughter 'T is to be lamented that he hath lived to this day without further Preferment in the way which at that time the then Lord Chancellor promised to honest Captain VVilkinson The magnified Evidence of this horrid Treason and that which the King's Council relying upon begun with was a Paper proved by Secretary Jenkins Mr Blaithwaite and Mr Gwin to have been found in the Earl's House of which such noise has been made in the World by the virulent Observator and the Popish News-Writers as well as from too many of our Pulpits that it may not be ungratful to the Reader to be here presented with the very words thereof which follow The Association WE the Knights c. finding to the grief of our Hearts the Popish Priests and Jesuites with the Papists and their Adherents and Abettors have for several years last past pursued a most pernicious and hellish Plot to root out the true Protestant Religion as a pestilent Heresie to take away the Life of our Gratious King to subvert our Laws and Liberties and to set up Arbitrary Power and Popery And it being notorious that they have been highly incouraged by the Countenance and Protection given and procured for them by James Duke of York and by their expectations of his succeeding to the Crown and that through Crafty Popish Councils his Designs have so far prevailed that he hath created many and great Dependants upon him by his bestowing Offices and Preferments both in Church and State. It appearing also to us that by his influence Mercenary Forces bave been levied and kept on foot for his secret Designs contrary to our Laws the Officers thereof having been named and appointed by him to the apparent hazard of his Majesties Person our Religion and Government if the Danger had not been timely fore-seen by several Parliaments and