THE SECOND PART OF T …

THE SECOND PART OF THE ADDRESS TO THE FREE-MEN AND FREE-HOLDERS OF THE NATION.

By the same Author.

LONDON, Printed by A. Godbid and J. Playford for George Wells, at the Sun in St. Pauls Church-yard, 1682.

THE AUTHOR to the READER.

THE kind reception the former Part of this Discourse found in the World hath drawn forth this Second, which had otherwise expired in as much Secresie as it was written. Nor am I concern'd for the future fate of either of them.

But if I might be so happy as to discover the Errors of those courses which have brought these three Po­tent Kingdoms, and this most Excellent Church into a dis-esteem abroad, and great danger at home, and so might contribute in the least to the prevention of those Mischiefs that in time may hazzard the Ru­ine of them, I should then account my self blessed, and my undertaking prosperous, what ever effect it might happen to have upon my private Fortunes.

Next the Preservation of the publick Peace of any People, the Advancing Trade and Commerce, and the Effects, of these, Wealth and Power; Reputa­tion and the Conveniences of humane Life, are chiefly to be reguarded; and if I can shew that the contrary [Page ii]of all these will attend the proceeding any further in our late Methods, I shall not question, but all that have any kindness for themselves will see that it is their Interest to desert them.

Commerce and Trade spring Naturally from Peace and Setled Governments; and are cherished and pre­serv'd by the mutual Trust and Confidence, Love and Kindness which Men have in, and to each other; and where these fail, there is a stop, and sometimes a total ruine of the former.

A very small reflection on the Inconveniences that do attend a War of any Kind, will satisfie a person of mean Capacity, That Trade will stand still when the Sword is in Motion, for Men will not care to venture their Estates or Persons abroad, when they may justly expect to fall into the Hands of Soldiers, who purchase the richest Commodities with their Swords, and pay off the Traders with ready Blows instead of Mony.

The same Effect though not so visibly, must attend any Government that reels and staggers, and seems every day likely (by violence) to be changed into ano­ther; for who would imploy his Time, Stock, and Thoughts, to encrease that Wealth, which a Stranger, and it may be his Mortal Enemy, may ravish from him in a moment, after many years toyl and labour to acquire it?

Besides, it is not unusual for Merchants (who are quick sighted) when they perceive a Storm to hang over any People, to take Care betimes to lodge their Fortunes, or a considerable part of them, in places that are better secur'd; the Consequence of which is, that not only what was imported is wasted, but much that might have been brought in is diverted, and the Neighbour Nations are by that means En­riched, whilst the Miserable People languish and feel one of the worst Effects of War, Want, even in the time of a suspicious Unsetled Peace.

But this (though bad enough) is not all, the richest Men in such Countries, who have any Considerable quantities of Treasure will be likely too, to secure as much as they can well spare abroad; not knowing how soon that which they have by them may fall into other Hands, who will give them but small thanks for it; and it may be, destroy them as they do Bees towards Winter, that they may rifle the Hive with the greater Security. Thus will much more be Exported that might better have been Kept at Home, and the Wealth of the Nation be insensibly Wasted.

And without either of these, the distrusts and fears of men amongst themselves will lessen their Industry, and make them court even Poverty it self, when it pro­miseth more Security than an Inviduous Fortune.

But if this Effect be not usual, especially when [Page iv]Dangers are at a distance; yet I suppose few men are so ignorant as not to have observed, that some sha­ken Governments have endeavoured to secure them­selves by the Poverty of their People, who are com­monly easiest Govern'd, when like a Ship they are not over-loaden with the weight of too much Wealth; and this must of necessity have a mischievous Effect upon any People, when their Governours contrive their Im­poverishment, and promote it in such ways, that they shall feel the Effect, and yet never see the Cause; it is true, we have had nothing of this yet, but who knows how soon we may, if we go on still to provoke it.

I wish I could as truly say, that the Trade and Commerce of these Countries have not designedly been diminished and impaired by them who are opposite to the Establisht Government, with intention to render it uneasie and hated, and the People discontented and ungovernable: but the truth is, there have many things been done of late years, or omitted when they might have been done, which I believe no Mortal can give any sound reason for, if this were not at the bottom; and this hath, and will have the same Influ­ence upon us, as if those that are properly called our Governours had done it.

But not to drive this any further, It is a known Method of promoting broyls in Governments, to stop the Supplies that should preserve and maintain them; [Page v]and then if a People be really very rich, yet if the Government that should preserve their Wealth be so poor as not to be able to protect them, the People have been always in danger, and sometimes actually ruin'd. Thus was Charles the Martyr brought to yield so much, that at last he was forc'd to defend the rest, and himself with his Sword; which besides all the Blood shed, occasioned the Expence of a vast Trea­sure; and went very near to the ruine of these Three Nations. I shall not need to determine how far this Course hath been of late pursu'd; but I say it tends to the ruine of our Trade and Commerce, by the same degrees as it makes our Government weak and con­temptible in the World.

When the dangers to any Government have arisen from Contending Parties or Factions within it self, nothing is more usual then for those Parties to en­deavour the impoverishing of each other by inter­rupting, diverting, and hindring each others Trades; and refusing each to other the Aid and Assistance that is absolutely necessary for the promoting them; and that this is every day done among us, is too apparent to be denyed; and the Effects this hath upon the whole Trade of the Nation are such, as no man can pe­netrate to the bottom of them, or tell where the Mis­chief will end.

That I may make these general Reflections more [Page vi]useful to my Country-men, I will take a short view of the state of the Trade of England, since the be­ginning of the Reign of Queen Elizabeth of Bles­sed Memory.

The State of England was then very low, and its Condition Deplorable, when God brought that Excel­lent Prince from the Miseries of a Prison to Sup­port and Restore it; I cannot possibly better repre­sent this than in the Words of Camden: The State of England was most miserable at that time, as being involved in a War with Scotland on the one side, and France on the other; oppressed with the Debts which Henry the Eighth, and Edward the Sixth had Contracted; the Exchequer was Exhau­sted; Calis and the County of Oyen, and in them a great Magazine, were lost to the dishonour of the English Name; and the People were divided in their Opinions concerning Religion. The Queen had no Potent Friends, nor was fortified with the Cognatio­ne. Al­liance (or Kindred) of any Foreign Princes. The Trade of England must of necessity be very small when the Nation was thus Near ruine.

But when the Queen had once setled the business of Religion; and afterwards had taken care to preserve it from Foreign Violence, by Repairing her Navy Royal, so that it was far Superiour to any other; which gave her Reputation at home, and Fame [Page vii]abroad; and also from the Attempts of the Papists and Dissenters by severe Laws, constantly put in Ex­ecution, and had thereby Won the Affections of her People, and stilled their Fears: They being secur'd thus at home, began to search all the corners of the World for Trade, and sent forth their Fleets to the East and West Indies, to Muscovy, (by the Bay of St. Nicholas by them Discover'd,) and Green-Land, and indeed, whether not? whence they re­turned with Honour and Wealth, and made her and themselves Happy.

One thing that gave a great Advantage to the Trade, and consequently to the Wealth of England, in her time, was the Devastations which the severi­ty of the Duke de Alva, and the Wars of Flan­ders thereby occasion'd, caused in those Countries; by which means we gained some Addition to our Peo­ple, the knowledge of some Manufactures, which we had not before; and also a vast stock of Mony and Treasure, which altogether had like to have totally ruin'd the Spanish Netherlands; but however this concurring with the rest, helped to advance England to that height of Wealth, and Reputation in the World, that it was in her days the Bulwark of Christendom; and without any considerable forrein Assistance hum­bled and brought down the House of Austria, which then aimed at an Universal Monarchy.

But then it cannot be denyed, that together with these Low Countrymen. Factions and Common-Weath Principles entred England: And although the severity of that Queen, and the great Affection and Veneration the People had for her, added to her Constancy whose Motto was Semper eadem, Al­ways the same, kept them both under, so as they were never able to give her any considerable distur­bance; yet they grew and encreased, and in the Reign of her Successor tugged stoutly in the House of Com­mons for the Victory with the Court Party, as they then stiled all that stood to the Crown, and kept King James at Bay, and destitute of those Supplies that were necessary to preserve the Grandeur of the Crown, and the Reputation of England; and forced him to spend Seven Years of his Reign without calling any Parliaments; and the last he called, which was in his One and Twentieth Year, involved him in War. And the next, basely Betray'd his Son, who succeeded pre­sently after, to the Necessity of clapping up a Disho­nourable Peace for want of Means to carry on a War.

When King James came to the Crown, the Dissen­ters of England expected a mighty advantage by it, because Scotland had been always Presbyterian (from whence he came) during his time, and they hoped his Education might have strongly influenced him to favour them, above the Religion Established; and [Page ix]upon this intuition, Jan. 14. 1603. they procured the Conference at Hampton Court: but alass, they had so basely and Traiterously used him in Scotland, and he was a Prince of that great Learning and Prudence, that when they desired a kind of Presbyterie to be Setled here; He replyed, If you aim at a Scotch Presby­terie, Full. C.H. L. 10. p. 18. it agreeth with Monarchy as God and the Devil; then Jack and Tom, and Will and Dick shall meet, and Censure me and my Council. Therefore I reiterate my former Speech, Le Roy S' avisera (the King will be advised;) stay I pray for one Se­ven Years before you demand it, and then if you find me grow pursie and fat, I may perchance hearken unto you, for that Government will keep me in breath, and give me work enough. And in the next Pa­ragraph, he tells them, That he had learned by the Example of his Mother, and their dealings with him in his Minority, this Maxime, NO BISHOP, NO KING. So they totally failed of their ex­pected advantage, and were kept under, though with a gentle hand, in all his time.

But when his Son Succeeded, and in his Parlia­ments found how strong these Factions were, who had in a great measure prevailed upon the Free-men, and Free-holders of the Nation to send up thither great Numbers of good Common wealth men, as they then stiled them; that is, Factious, Ambitious, Disloyal [Page x]Persons, that hated the Religion and Monarchy by Law Established; and when he saw these made it their bu­siness to encrease the necessities of the Crown, and then denyed just and necessary supplies, but upon such terms as would have ruined him; and when he also perceived that one great design of theirs was to render him and his Government odious, by clamo­ring eternally against his Conduct and Ministers of State. He then saw there was an absolute necessity of a more effectual and vigorous Execution of the Laws against them.

‘Hereupon these godly men grew impatient, Roger Cokes Englands im­provement part. 3. p. 13. and one part of them in the years 1636, 37, and 38, fled over into Holland, and planted themselves at Leyden, Alkmare, and other places, where they instructed the Dutch in our Woollen Manufactures of Norfolk and Suffolk; and I have heard (saith my Author who is a credible person) Sir Charles Harbord (a person of great Wisdom and Insight in Forreign as well as the Interest of this Nation) say, That if all the Bishopricks of England were sold, and given to the Nation, it would not near compensate the loss the Nation sustained thereby. And page 32 of the same discourse he informs us, That in the time of our late Wars the Dutch, by the means of these Manufactures, got from the [Page xi] English the East-land Trade, the Company of which heretofore was above all others the most flourishing, and by Queen Elizabeth, King James, and King Charles the First was termed the Royal Company; for it supplied Muscovy, Sweden, Denmark, Poland, and Lifeland, with our Woollen Manufactures, and made very advantagious Returns by Treasure (especially Hungaria Duckets) and the Com­modities of those Countries, into England. This Trade till King Charles his Reign, the English solely injoyed. About the beginning of King Charles his Reign, the Dutch began to be Interlopers rather than Traders with the English in it, but in the time of the Wars, by the aforesaid means, the Dutch allmost totally excluded the English.’ We may observe how much the Trade of the Nation in general suffered by all this and especially that of Norfolk, Suffolk, and Essex, of which the said Author gives an instance, pag. 33. and from thence we may conclude how far the Trade of the Nation hath been, and consequently may again be, im­paired by Factions, if they be encouraged still amongst us.

I ought not to pass over in silence, that my last quo­ted Author, Ascribes this to the severe injunctions of Ecclesiastical discipline, which these Zealous people would not indure. And I know that many have used [Page xii]this as an Argument against Persecution, and for a Toleration, Comprehension, or (as the new Name is) an Union But I reply, if there were no Factions there could be no Persecution, as they stile it, nor any such dammage of our Trade and Commerce. Secondly, that they were not thus persecuted till they had pro­voked that King to the uttermost by rendring all Parliaments dangerous to the Crown, and brought things into that State, that neither the Monarchy nor the Religion Established could be any longer preserved without that severity. So we may see if they be treated gently they grow Numerous, and endeavour to subvert the Government; if they be dealt severely with, they over into forreign Countries and destroy our Trade; so that both waies our ruine is almost assured by them, and therefore should be no more incouraged than Pyrates and the common enemies of Mankind.

But to go on: Another part of these people had before Planted themselves in New England in the West Indies, 1629. where they have since grown Numerous and Rich, and have abundantly practised that severity upon others who have dissented from them, which they clamoured against, and called persecution, when it was used with more reason against themselves.

The Dutch being much exalted by the peace they had made with Spain, whereby they were owned and acknowledged for a free and independent State by their [Page xiii]old Sovereign, and having acquired a vast Treasure by their Trade over all the World and by redeeming the places which were put into Queen Elizabeths hands for security of repayment of the Expence she was at to protect their feeble infant State, out of the Hands of King James; having so cut off their former obligations of respect to the Crown of Eng­land, and lastly being grown strong in Shipping, and knowing very well upon what ill terms King James and King Charles the Martyr stood with their Par­liaments; fell to plot the intire destruction of the English Trade and Navigation; and in Order to this, fell to endeavour the ruine of the English Fishery upon our own proper Seas. His Maje­sties propri­ety and do­minion on the Brittish Seas. p. 26. They had for­merly never Fished till they had begged leave of the King or of his Governour of Scarborough Castle, this was now thought beneath the Magnificence of the Hogan Mogans, and therefore they refused it: Ib. pag. 29. 30. 55. They had formerly been limited by our Kings, both for the number of the Vessells they should Fish with and the time. Now they were resolved to be their own Carvers, and in order to that, denyed the English the Soveraignty of the British Seas, Ib. p. 6. And as if all this had not been enough, grew nearer and nearer upon the English Shores, year by year, than they did in preceding times, without leaving any bounds for the Country people and Natives to Fish upon their [Page xiiii]Princes Coasts, and oppressed some of his Sub­jects with intent to continue their pretended possession; and had driven some of their great Vessells, through their Netts, to deter others by fear of the like Vio­lence from Fishing near them, &c. as Secretary Nanton, Pag. 58. January 21. 1618. acquaints the Lord Ambassador Carlton: And to justify all this, they sent out Men of War with their Fishermen to maintain that by force, which they might have had of Cour­tesie for the asking. To prevent these disorders of the Dutch, King James Published a Proclamation in the seventh year of his Reign, to assert his Right, and exclude all Persons from Fishing upon our Seas, without particular License; but they neither valued this nor his Remonstrances by his Ambassadors, nor the like Proclamation made in the twelfth year of his Sons Reign, but went on by all the Crafts and Vio­lences imaginable to ruine our Fishery; to subvert the Right and Soveraignty the Kings of England have ever had to the Narrow Seas. And all this only upon a presumption that those Princes would never be able to call them to an account by a War for all these Injuries.

And in the year 1639, The Reign of King Ch. fol. London. 1655. pag. 163. they fell upon a Fleet of Spaniards in our Ports and Harbours with Canon and Fire-ships, so furiously, as made them all cut their Cables, and being 53 in Number, 23 ran on shore, [Page xv]and stranded in the Downs, whereof Three were burnt, Two sunk, and Two perished on the Shoar; the remainder of the Twenty three being deserted by the Spaniards, who went to Land, were Manned by the English to save them from the Dutch; and the other Thirty Ships put to Sea, of which only Ten escaped; thus far for the Narrative in short. And now be pleased to read the Opinion of the Historian upon this.

These Two Potent Enemies, Ibid. p. 165. being both Friends to England, the British Seas ought by rule of State to have been an Harbour of Retreat to secure the Weaker from the Stronger, not the Scene of their Hostile Ingagement, and had this presumptuous Attempt of the Hollander met with a King, or in times of another temper, it would not it's like, have been so silently connived at, and their Victory might have cost them the loss of Englands Correspondence, &c. besides the King, the Dutch well knew was of a Genius, as not querulous, so if provoked very placable, and the Disposition of his Affairs, as well as of his Mind, disswaded from expostulating the Matter with them. To that height of injustice and insolence were the Dutch then grown, by the Divisions of England, and the ill understanding betwixt the King and his Subjects. This unfortunate Prince had made many brave Attempts before, for the Honour [Page xvi]and Safety of the English Nation without any good success, for want of such Effectual Supplies from his Parliaments as might enable him to go through with them; and he had taken up a generous Resolution to encrease the Navy Royal to a greatness proportionable to the Dutch, and other neighbour Nations, who were now striving for the Mastery of the Seas by out-build­ing each other. He got nothing from the Commons in Parliament that was considerable, but with great difficulty, and accompanied with Remonstrances, Im­peachments of the Chief Ministers, complaints of Grievances, and lowd Clamours of pretended fears and jealousies of Popery, Arminianism, Innovations in matters of Religion; and as fast as this Prince gratified them in one thing, they started another Game, hoping at last to ruine this Excellent Prince by his own Concessions, as at length they did; for these sober Protestants were resolved never to leave asking, till they had brought their King to be their Equal first; and at last, under them. This proce­dure did in part discover the Design, and necessita­ted him to stretch his Prerogative to find some small Relief for his urgent and pressing Necessities; by Monopolies, Knight-mony, Loans upon Privy Seals, and at last Ship-money; great parts of which Moneys were employed upon the Building Ships for the encrease of the Royal Navy: which he did to [Page xvii]that height, that it was so Invincible to any Humane Power, that though Sir William Batten in 1648. carried a very Considerable part of it to his Now Ma­jesty, yet the remainder of it with a small Addition beat the Dutch for all their many years Preparations. Yet first, all those that signalized themselves by oppo­sing the King in these Levies most, were chosen into the following Parliaments, as the best Patriots and Common-wealth-men, and these again made it their business in Parliament by joyning with the Rebellious Scots to involve us in that accursed War which en­dangered not only the ruine of our Government and Trade, but our very Being.

In the beginning of that War, the Parliament-side went down, and in likelihood the King and his Party had finally prevailed, if the Scots had not broke out again upon the solicitation of the English Parlia­ment, without the least cause given them by the King. And during this time, and afterwards too, Page 12. Sect. 19. Of the Relati­ons and Ob­servations upon the Parliament, begun in 1640. pag. 143. Sect. 5. And in the Remon­strance of many Thousands in and about the City of London; dated Mar. 22. 1648. to the Army, is this Passage. Then shall those faithful Persons who hazarded all for the Parliament, and many of them lent more than their whole Estates, and now live in Prison, nay starve for want of it, not be put to devour Cathedrals, and ransack the Monuments of the Dead, but be honestly paid with thanks and requitals; then shall not the Publick Faith be out pawned, and so little care taken to Redeem it, whilst Millions of Treasure have been convey­ed beyond the Seas. Pag. 3. I suppose this was not all private Treasures, though the loss is the same to the Nation, if it were so. Walker [Page xviii]in his History of Presbytery and Independency hath acquainted us; That many of the Parliament Grandees, who besides their own Wealth which was great, had drawn in most of the Treasure and Plate of the Nation, on specious pretences and the Pub­lick Faith, sent huge sums over to the Banks in Holland and the Western Plantations, that in case the King should finally prevail, they might have a place of Retreat, where they might enjoy the Blood and Tears of the poor deluded People in safety and security.

But this was not all, during this War the English Trade both at home and abroad was almost totally Ruin'd, many Thousands of Tradesmen were either Undone, or Killed and Destroyed, or forced to seek quieter Habitations beyond the Seas; above one half of the Nation (the West and the North) were al­most totally ruined and depopulated by the War; and the other half by excessive Taxes, Excise, Sequestra­tions, &c. by all which ways I have seen an Account Printed, Relation of the Parlia­ment, begun 1640. p. 8. Sect. 14. That there was about Forty Millions of Money Collected and Spent within the space of a few years by that Parliament side only, not one farthing of which turned to any account to the Nation. But in the interim, the wise Dutch drive on the Trade of almost the whole World, and only furnished the King with Armes and Ammunition for the Jewels of [Page xix]the Crown; and dealt with the Parliament for Tim­ber, The last ci­ted Remon­strance to the Army. p. 4. which they sold of the Crown-Lands, Church-Lands, and the Sequestred Estates of the Gentry and Nobility; which Timber the Dutch wisely employed in Building Ships to ruine the prevailing side when the War was done, and then they did not question but to be the Soveraigns of the Ocean, and of all the Trade and Commerce that is exercised on it; and to speak the truth, they had then some reason to hope it might have happened so: For if England had once been brought under, no other State could have dispu­ted the point with them; and England was then preparing it self for ruine, by giving the Hollan­ders more advantages than their Modesty could have wished for.

And the Dutch were so confident, that the Success would answer their Expectations; that they grew im­patient to have Possession of their almost assured Mastery: and before our Internal Broyls were over, and the Nation setled any way, in the Year 1652. set upon our Fleet in the Downs, and if the Ad­vantage of almost two to one, and an unexpected Assault, had not been over-ruled by the Providence of God, and the unparallell'd Valour of the English, they had certainly destroyed them, as they did the Spanish Fleet in the same place about Ten Years be­fore; and although the English fortune and Cou­rage [Page xx]prevailed then, and in the whole Course of that War, and brought down the Craft, Treachery and Pride of the Hollanders; yet was the whole Glory of these Victories, in which the Rump boasted so much, (next Gods Mercy to these poor Nations) owing sole­ly to the Providence of that Prince they had but a little before so basely Murdered as an Enemy to God and his People, and then stiled the Tyrant: As Mr. Coke hath well observed in his Preface to the fourth Treatise, Of the Improvement of England. To which excellent Discourses I refer my Reader. All that I shall infer from hence, is, that I hope the Nation will never run the same hazard of losing all their Foreign Trade again, by siding with facti­ous Men against the Monarchy.

The Rump having beaten the Dutch, found a more dangerous Enemy at home, and being generally now hated by the People, were without any difficulty turned out by Oliver Cromwel their Hypocritical Servant; 1654. who to secure himself in his ill gotten Possessi­on of the Government, made an unsetled and disho­nourable Peace with the Dutch. Which they im­ployed in Building much larger and more Men of War than they had before, to prevent the Ruine of their States by another English War; which could not be concealed from Oliver, who likewise encreased the English Fleet with many more, and considera­ble [Page xxi]Men of War: as the last Cited Author tells us.

As O. C. lost the English the Advantage of their Naval Victories by that Peace he made with the Dutch, which left the English nothing but a little unprofitable Glory, and the blows they had received from the Hollanders, whilst it gave them opportunity to grow rich, and prepare for another At­tempt: So our Tyrant fell soon after into another extravagance; he had always an Enthusiastick Con­ceit that God had raised him up to pull down the Whore of Babylon, the Man of Sin, the Antichristian Pope of Rome; and this led him into a War with Spain, believing that Prince to be the only Bullwark of the Papacy: and his Attempts upon the Islands in the West Indies, and the Plate Fleets belonging to Spain, not having that success he desired by reason of their distance, or perhaps being out-witted by the French Ministers, he fell in the next place (in Con­junction with France) upon the Spaniards in Flan­ders; in which War, Dunkirk was taken, and cun­ningly Surrendred to Oliver by the French, in hopes to encourage our silly Upstart to go on and help them to Conquer the rest: but tu [...] [...]atal mischiefs attended this, The first was, that our Spanish Trade, which was one of the best and most profitable the English then had left, was interrupted and in danger to be to­tally lost, as all the Eastern Traffick was rendred [Page xxii]very unsecure by the Ostenders. The Second was, That the Ballance of Christendom was broken, and the French Interest brought to that height, as to over-power all the Neighbouring Princes, and in some sort, to Compel His Majesty before he was well setled after his Restitution to resel them Dunkirk. But these things were above the Politicks of our Oli­ver, who was a better Souldier than a Statesman.

How the Domestick Trade of England was like­ly to flourish in this Mans time, may be easily conjectu­red by any man that will but reflect on the Vast Taxes were then Arbitrarily raised without Parliaments; and the Standing Armies that were then kept on Foot, only because he durst not Disband them, who had no other Title than the Sword had given him; and when God called him in the Year, 1658. to give an ac­count for all the Villanies he had perpetrated with so much Treachery, Perjury and Impiety; neither his Son Richard who Succeeded him, nor any of those various Governments, which within the space of Two Years followed, were able to Establish themselves; so that during that time, there was nothing but Treache­ry, Rapine, Confusion, and Distrust to be found in the English Nation: and it was only Gods infinite Mercy and Goodness which rescued us and our Trade from total Ruine, by the peaceable Restitution of our Now most gracious Soveraign.

When His Majesty returned, he brought nothing over with him but a Vast Debt, contracted in his Ex­ile to preserve him, and his, in a mean Condition from starving; and he found nothing here at home but an empty Exchequer; a People exhausted with Twenty Years War and Misery; all his Pallaces disfurnished, his Magazines rifled, his Armory wasted, his Am­munition spent or imbezzel'd, and the remainder of the Army which had great Arrears due to them, to be Disbanded and Paid off. All these things call'd for large Supplies, and they were as Loyally and freely granted by our Parliaments, as Generously imployed by His Majesty to these uses.

But then these Good-Common-Wealth-men who had Taxed and Plundered the Nation without mer­cy for twenty years before, all on a suddain turned ten­der hearted, and begun to bemoan the good Peoples hardships in the payment of such Sums as their own Villanies and Treasons had made necessary: and not contented with this, Skynneri Motuus Compositi. encited the Dutch by large Pro­mises of Assistance to enter another War with us, which (though we prevailed) had fatal Consequences, the Plague falling in with it, Bedloes nar. of the P. Plot. for the Burn­ing of Lon­don. pag. 14. Oats his Nar. Arti. the 34. and a great part of the City of London being Burnt at the same time, which Fire is said to have been began by some of these godly Male-Contents, (on purpose without doubt to promote Trade;) though the whole blame is now [Page xxiv]laid upon the Jesuits, who might possibly put the Fifth Monarch-men upon it: and hath been since owned.

I Consider, That I am Writing a Preface to a small Book, and therefore endeavour to be short; and for ought I know, may be dark: but if all this be re­flected on, as it ought, it will be a wonder not that our Trade is so little, but that it is not totally Ruin'd.

But then my dear Countrymen, may not Heaven and Earth stand amazed at our Stupidity and folly, if we shall still go on stubbornly in those very ways which we have found so destructive to us: but there is a greater wonder in it yet; we stabb and wound our own Vitals (our Trade and Commerce,) and at the same time, pretend we are horribly afraid others should ruin us many years hence; we caress and cherish these very Men and Factions, that once before Impo­verished us to almost Beggery, we are hard at Work to ruine that Government, by making it odious to the People, under which England hath flourished in Wealth and Power, in Reputation and Peace at home and abroad so many Ages, and to set up one in the stead of it, which within the memory of Man, so narrowly missed of Ruining us forever. Do you think another domestick War will encrease the Wealth, or Trade, or Navigation, or Reputation of England.

Consider your Sea coast Towns, from Dover to [Page xxv] Barwick, and observe how many of them are falling down, or empty of Inhabitants, or possest by Men that are able to drive no Trades: Consider the Fishery of all sorts, consider the falls of your Rents and Farms; and when you have thought seriously of them, think once more whether the pretended fears of Popery and Arbitrary Government ought so to possess you, and to keep you intirely from reflecting on what doth more immediatly concern you, and which if but a little longer Neglected, will end if not in Popery, in Beggery; if not in Arbitrary Government, in Anarchy, War, and Confusion.

But though Men may Consider these things as much, or as little as they please, yet I crave the Li­berty to Conclude upon the whole, That whoever pro­motes Factions in Church or State, is an Enemy to Trade and Commerce, and that when ever the Govern­ment of this, or any other Country is indangered, the Traffick of that place will suffer proportionably; so that let them pretend what they will to the contrary, they that promote our present Disturbances are as great Enemies to the Free-men and Free-holders of the Na­tion, and all that are any way concerned in Trade, as they are either to the Crown or the Church.

THE SECOND PART OF THE ADDRESS TO THE FREE-MEN and FREE-HOLDERS OF THE NATION.

HIS Majesty had no sooner declared the Long Loyal Parliament Dissol­ved, and by His Royal Writ, Com­manded another to be chosen, to meet the Sixth of March following, but the Subjects in every place be­came divided amongst themselves, and there being men, not only of diffe­rent, but of opposite Interests offered to the People; the choice was rendred very difficult and uncertain, but the Opposition, Feuds and Passions of the Contend­ing Parties was apparent and certain enough.

The Dissenters in the interim, who had with much impatience expected this day of Deliverance from this terrible Parliament, and had sought the Dissolution of it so many Years, by all those Arts I have described in [Page 2]the former Part now began to lift up their heads, ex­pecting to have another tugg for the Day, and having before wrought upon the meanest but most Nume­rous part of the Free-men and Free-holders, and the weakest of the Gentry, by jading their Ears with te­dious canting Discourses against Humane Institutions, Persecuting Gods People, and Arbritrary Govern­ment; and now of late, with Tragical Representations of the Popish Plot, Massacres, Popery, and Superstiti­on; flew from their sullen retirements, and Riding Night and Day about the Villages, and trudging about the Corporations, incited those they found willing, and perswaded, intreated, and sometimes hired those they found less disposed to joyn with them, and by the choice of a sober Protestant Parliament, (as they pre­tended) to deliver the Nation from Popery and Arbitra­ry Government, which were good Words, but had a Knavish signification in their Sense, and if any Man smelt ir out, and told them truly, they were neither for Popery nor Arbitrary Government, nor yet for Pu­ritanism and a Common-wealth; they ran him down with noise, or traduced him behind his back to their Neighbours as a Papist in Masquerade, and a Man of Arbitrary Principles.

But if a Man had but chanced to drop a Word by way of questioning the Truth of one Tittle the ma­ny Informers had given out concerning the Plot, or these Zealots had raised by way of Consequence, pre­sently they flew in his face, and villified him as a defa­mer of the Kings Evidence, a concealer of the Plot; and could hardly forbear saying, He was a Party to it, and one of the Conspirators in it. As if we had not only been bound to submit our Faith and Reason as in­tirely to Mr. Oats's Relation in every Punctilio, as to the Evangelists upon which he Swore it; but also to [Page 3]what Inferences a Faction should draw from it. From hence they proceeded to insinuate into the Populace, That those Loyal Gentlemen who had been Members of the late long Loyal Parliament, who were then call'd the Court Party, had joyn'd with the Court, to hinder the Discovery of the Plot, and promote the Designes of the Papists upon us: And although there was not one syllable of Truth in this, yet they asserted it with that confidence, and added so many protestations, often in­terrupting their opposites with such questions as these, What, you are for Popery? you are willing to have all your Throats Cut? and the like, that they per­swaded too great a Number to joyn with them in the Exclusion of those Gentlemen.

In the next place, fearing the greatest hindrance from the conformable Clergy and the Bishops, they re­presented them amongst their Confidents as nothing better than the Papists; and amongst the rest, as Men that had a mighty kindness for Popery in their hearts, (where these prying people spied it) though they durst not discover it for the present, and with great Assu­rance said, that they would certainly all turn Papists if the Plot went on; though Mr. Oates had assured them their Places were disposed of to others before hand, and they must expect nothing but beggery, assassination, and Ruine: But yet the people who never consider any thing, believe them in this too.

In the next place, they were to deal with the Gen­try and Magistrates, and here the task was harder, for these were never to be wrought over generally to them; but amongst them, some were their friends of old, others had come half way over to gain the Re­putation of Moderate Men; others had been disgusted by the Government; and some few had Relations amongst the Dissenters, or Children, and Brothers [Page 8]Apprentices, Journey-men, and Factors to them, and these Interests prevail'd upon to joyn with them; the rest they blasted what they could by the same Arts they did the Clergy, averring they were Papists, or favour­ers of Papists and Popery; especially, if they had any re­lations of that Religion; or had shewed the least kind­ness to their Popish Neighbours in the first Discovery of the Plot, or had had any acquaintance with them be­fore the Plot.

And having by all these multiply'd Slanders, got over a very considerable part of the meaner people, and yet fearing the party might be too weak, they made fraudulent Conveyances for Twenty four hours of their Freehold-Lands and Tenements to their Neighbours, by this means creating Twenty Mushrom Voters, sometimes out of Forty pounds a year, and some that were less scrupulous took the Gifts by word of Mouth, without Livery or Seizin, Lease or Release; and some gave Twelve pence in part of payment for those Lands and Tenements they never meant, nor were ever able to Purchase further, and so became qualified to give their Votes as they thought; and others gave their Children that were Infants part of their Estates with them, and brought them along for company; and in the interim, the Wealthy sort of Men hired Horses, or gave Mony to the more Needy to give their Votes for the precious Men that were to keep out Popery.

The Conventicle Teachers rallied up their Flocks, all but the Aprons, and they were unwillingly enough left at home; The old Committee Men, Sequestrators; Army Officers, and Soldiers of the last Rebellion; who had kept holes ever since His Majesties Return for Grief, Confusion, and Fear, now all took the Field again to Vote too: and with these joyned all those [Page 5]unwilling Conformists whether Clergy or Layety who have complyed with the Religion Established, with purpose to ruine it as soon as it is possible, and in the interim, great gain is godliness with them: and does any man believe all these Forces were thus Mustered up for the Service of His Majesty, the Safety of the Monarchy, and the preservation of the Religion and Government Establish'd?

The persons they recommended to the people to be chosen again, were first, all those Gentlemen, who cal­ling themselves the Country Party in the former Parlia­ment had appeared most Zealously against the Queen, his Royal Highness, and the Ministers of State: to these they added as many as they could of the Reliques of the old Rebellion, or their Children, and made up the Number out of the moderate and discontented Gentlemen, Burgesses, and Trades-men, taking in here and there an honest Gentleman in hopes to win him to their side by this kindness; and sometimes this pittiful Project took.

For my part, Act. 22. I think nothing could more confirm the Testimony of Mr. Oats who informs us, That the Catholick Religion was to be brought in the same way that they had used for the Destruction of the Fa­ther of the King, and as that could not be effected till much Blood was spilt on BOTH SIDES, so this must be effected by effusion of Blood, Pag. 64. and this he Expounds was to be done by weakning and divi­ding the Kingdoms of England, Scotland, and Ireland, by Civil Wars and Rebellions, as in His (Majesties) Fathers time, to make way for the French to Seize these Kingdoms, and totally to Ruine their Infantry and Naval Force: These are Mr. Oats his Words, and whoever had seen the persons Must'red up, about the choosing this Parliament, would have thought, that [Page 6] Forty One had been returned again, and that the Jesuits under the shape of Nonconformist Ministers had been turning the Plot that way, now God had defeated the close one.

But though all this Care was taken, the Dissenters did not carry the Elections every where, nor almost any where without great Resistance. For on the other side, the Gentry appeared themselves, and brought in their Tenants and Dependences; and many of the Yeomanry and Free-holders were Zealous for the Church and Government, and in Corporations, the Magistrates and Free-men, had not forgot the old tricks of the Dissenters; and were resolved not to be ruin'd twice by the same Arts, so that the two Parties were almost equal there, and in the Counties the Gentry were certainly the stronger side, if Perjury had not been employed against them; and in some places they prevailed against that too, but not so as to make an equal Party in the House.

The Persons that stood on this side, were Men of Undoubted Loyalty to the King, hearty lovers of the Religion Established, and great Enemies to Puritanism, Faction, and Rebellion; and for these good qualities were stiled by the contrary Party-men of Arbitrary Principles, and favourers of Popery: some of these had been Members of the Last Parliament, and been of that they call the Court Party, who had been guilty of Setling the Monarchy, and Suppressing the Rebellion, and the Nurseries of it the Conventicles; and others were taken in to fill up the vacancies, of or very near­ly of the same Principles.

The Elections being thus made, the Parliament met the day appointed, which was Thursday the sixth of March, 1678. and my business is to wait upon them, and see how matters went in the Lower House espe­cially; [Page 7]and as an Introduction I will take notice of His Majesty's Speech in the first place; part of which was as followeth.

My Lords and Gentlemen,

I Meet you here with the most earnest desire that man can have to Unite the Minds of all my Subjects, both to me, and to one another; and I resolve it shall be your faults, if the Success be not suitable to my desires, I have done many great things already, in order to that end; as the Exclusion of the Popish Lords from their Seats in Parliament; the Execution of several men, both upon the Score of the Plat, and of the Murder of Sir Edmonberry Godfrey, and it is apparent that I have not been idle in prosecuting the discovery of both, as much further as hath been possible in so short a time.

I have disbanded as much of the Army as I could get Mony to do, and I am ready to disband the rest, so soon as you shall reimburse the Mony they have cost me, and will inable me to pay off the remainder: And above all I have Commanded my Brother to absent himself from me, because I would not leave the Malicious Men room to say, I had not removed all causes which could be pretended to influence me towards Popish Counsels.

Besides that end of Union which I am at, (and which I wish could be extended to Protestants abroad as well as at home) I propose by this last great step I have made, to discern whether Protestant Religion, and the Peace of the Kingdom be as truly aimed at by others, as they are really intended by me, for if they be, you will imploy your time upon the great concerns of the Nation, and not be drawn to promote private animosities under pretences of the publique; [Page 8]your Proceedings will be calm and peaceable, in order to those good ends I have recommended to you, and you will curb the motions of any unruly Spirits which would endeavour to disturb them. I hope there will be none such amongst you, because there can be no man that must not see how fatal differences amongst our selves are like to be at this time both at home or abroad.

I shall not cease my endeavours, dayly to find out what more I can both of the Plot, and Murder of Sir Edmondberry Godfrey, and shall desire the Assistance of both my Houses in that work.

I have not been wanting in giving orders for putting all the present Laws in Execution against Papists, and I am ready to joyn in the making such further Laws as may be necessary for securing of the Kingdom against Popery.

And after a short discourse of supply's he goes on.

I will conclude as I begun, with my earnest de­sires to have this, a Healing Parliament, and I do give you this Assurance, that I will with my life defend both the Protestant Religion and the Laws of this Kingdom, and I do expect from you to be defended from the Calumny as well as Danger of those worst of men, who endeavour to render me and my Government odious to my people.

By which last passage I believe his Majesty reflected upon the Dissenters and Common wealth Party, who as they were more believed, so they had been more busie in traducing him, and that with a more Mischievous Malice and effect than the worst Jesuits, during this short time, betwixt the Dissolution of the last and the Election of this present Parliament, and therefore his Majesty had reason to tell the Parliament he expected [Page 9]to be defended by them from the Calumny, (of the Dissenters) as well as from the danger of the Papists, (both which are) the worst of men, as who did endeavour to render him and his Government Odious to his people.

The Lord Chancellor's Speech was for the most part but an enlargement upon his Majestie's, as it uses to be; and therefore I shall take notice of some passages only in it.

He advised them not to overdo their business, and by being too far transported with the fears of Popery, neglect the opportunities they then had of making sober and lasting provisions against it.

He told them it was a Custom of the Jesuits, first to Murder the fame of Princes, and then their per­sons, first slandering them to their people, as if they favoured Papists, and then to assassinate them for being too Zealous Protestants.

He represented what a joy it would be to them, to see us whom they could not destroy by the con­spiracy, Ruining our selves after the discovery, by incurable jealousies and disturbing the Govern­ment.

And that further care might be taken of Regula­ting the Press, from whence there daily stole forth Popish Catechisms, Psalters, and Books of Contro­versie, and Seditious and Schismatical Libells too.

We shall now see how these Counsells were pursued by the Parliament.

The first thing the House of Commons did, was to choose Edward Seymour, Esquire, their former Speaker, their Speaker again. But the next day the King disliking the choice, and Commanding them to make a new one, they returned and Adjourned till Saturday [Page 10]Morning. But not agreeing then, they desired a further time; which was granted till Tuesday following: The King telling the Messengers, that as he would not have his Prerogative intrencht upon, so he would not do any thing against the Priviledges of the House.

But then instead of Presenting a new Speaker, they Presented a Representation, Claiming it as a Right to have that Speaker they chose accepted, if he were not excused for some Corporal Disease, which hath always (heretofore) been alleadged either by them­selves or some others, in their behalf in full Parliament, as they said.

But his Majesty not admitting this neither, they Adjourned till Wednesday, and drew up another Address to have the former better considered, and to this his Majesty replied he would send them an answer the next day. And accordingly,

On Thursday he sent for them up to the House of Lords, and Prorogued them for one day, and on Saturday morning sent for them again, and by the Lord Chancellor Commanded them to proceed to the Choice of a Speaker, and Present him on Munday Morning; which they accordingly did; and then they chose Mr. Sergeant Gregory, of whom his Majesty ap­proved on the Monday following.

It was Ominous thus to stumble at the Threshold; and therefore there is no great wonder if after this, much of his Majesties and the Lord Chancellors good Counsell relating to calmness in the Management of their Affairs was forgotten.

Tuesday, Wednesday, and a great part of Thursday the 20th day of March, being spent in the preliminaries, and in receiving and reading the shoal of Petitions, con­cerning undue Elections and Returns, on the Evening [Page 11]of the last day, the Commons sent a Message to the Lords to put them in mind of the Impeachments of High Treason against Thomas Earl of Danby, in the names of the Commons of England, and to desire he might be Committed to safe Custody.

And referred it to the Committee of Secrecy to draw up further Articles against him. By which it ap­peared that they were resolved to begin where the for­mer Parliament ended; so that men easily conjectured what would follow. And some there were that suggest­ed, as if his place was his greatest Crime, and that the ruin of a Minister of State in order to fright the rest of the Ministers was more sought, than the Punishment of any Traytor whether Popish or Protestant.

In the week following it appearing that the Earl of Danby had a pardon by his Majesties mentioning of it in the House of Lords. And a Committee being appointed to search it out, returned on Monday the 24th of March, that it had not been Regularly sued out, but was Sealed in the King's presence by his express Com­mand. Upon which the Commons sent up a Message to the Lords to demand Justice against him, and orde­red an Address to his Majesty to represent the dange­rous Consequences of granting Pardons to any persons that lie under an Impeachment of the Commons of England.

And the same day the Lords sent word to the Commons that they had ordered him to be taken into Custody.

On Tuesday the 25th of March, 1679. the Lords sent a Message to the Commons, that the Earl of Danby was not to be sound, upon which the Commons ordered a Bill to be brought in to Summon him by a certain day, or in default thereof to Attaint him.

Mr. Edward Sacvile a Member of the House of Commons, being accused by Mr. Oats, to have called the truth of the Plot and Murder of Sir Edmon­berry Godfrey in question was ordered to be committed to the Tower, Expelled the House, and an Address made to his Majesty for the removing him from all Publick Imployments and Trusts. This was a sure way to have the Plot believed.

On Wednesday there having before been a Complaint brought against one Hills and Edwin, for Printing a Pamphlet intituled, A Letter from a Jesuite at Paris to his Correpondent in London: Shewing the most effectual way to ruin the Government and the Protestant Religion; was to promote the Dissenters Interest, and to chuse factious men into the House of Commons. And it appearing, that Dr. John Nalson was the Author of it, there being no Law to punish this offence, the said Doctor was ordered to be sent for in Custody of the Serjeant at Arms, to inform the House touching the said Pamphlet.

The same day a Bill was sent down from the Lords, Intituled, an Act for the better discovery and speedy Conviction of Popish Recusants. Which had been sent down in the former Session of Parliament time enough to have been passed, but was neglected, which was read the day following.

On Thursday the 27th of March, the Lords sent down a Bill for the Banishing and Disabling the Earl of Danby (which his Majesty had profered to do) and desired the Concurrence of the House of Com­mons, which the Commons read and rejected that day.

But notwithstanding the Commons went on with the Bill of Attainder against him, and ordered a Clause to be added for the discovery of all trusts relating to him, and that he should be made incapable of [Page 13]receiving pardon but by Act of Parliament, wherein he shall be particularly Named.

The same day the Lords sent down a Bill to disinable any person from Sitting in any of the Houses of Convocation, till he hath taken the Oaths, and made and subscribed the Declaration therein con­tained.

On Friday, a Bill was read for better securing the liberty of the Subjects.

Sir Christopher Calthrop Knight, who was returned one of the Knights of the Shire for Norfolk, being then sick of the Small-pox, desired that the Case in difference betwixt him and Sir John Hobard Baronet, which was to be heard on Friday next, might be delayed, which was denyed.

Note, That Calthrop was of the Court-party, and Hobard of the Country-party.

But to look a little back: On Monday the 25th of March, the House of Lords sent to examin the five Lords in the Tower, concerning a French Book about the Plot, the Author of which had it seems endea­voured to invalidate Mr. Oats his testimony, but they would not own they knew the Author.

The same day the Vote mentioned in the former Part, of the reality of the Popish Plot, which had been renewed by the Commons, and sent up to the Lords for their con­currence, was Voted by the Lords, and ordered to be inserted in the first leaf of the Office, to be publickly used on the day 11 of April. appointed by his Majesty for solemn Fasting and Humiliation, at the request of both Houses.

On Saturday the 29th, the Lords agreed to have a Bill brought in to expell out of the Inns of Court, Doctors Commons, the College of Physicians, and Heralds office, all such persons as shall not give testi­mony [Page 14]of their being Protestants, by going to Church, and by taking the Sacrament, and such Oaths, Tests, and Declarations as are appointed by any Law, for the dist­inguishing Protestants from Papists, and that none shall hereafter be Admitted into any of the said Societies, that shall not do the same.

And that an Address should be made to his Majesty, that all persons who bring up, or suffer their Children to be bred up, in the Popish Religion, may by his Majesties order be put out of all publick Employments, civil, and military, whereof they are now possessed; AND that for the future no person may be put into or continued in any employment, civil or military, who shall knowingly Marry a Papist. These last par­ticulars are most worthy to be passed into an Act of Parliament.

On Tuesday the first of April, the Commons finished the Bill of Attainder against the Earl of Danby, and sent it up to the Lords.

After which they passed this Vote.

Resolved, That the continuing of any standing Forces in this Nation, other than the Militia, is illegal and a great Grievance and Vexation to the people.

This is the first Vote that was ever made against his Majesties Guards since his return, tho there have been Parliaments sitting ever since.

On Thursday the 3d of April the Articles of Impeach­ment against William Earl of Powys, William Viscount Stafford, Henry Lord Arundel of Wardour, William Lord Petre, and John Lord Bellasyse, were brought into the House of Commons, and received.

And a Bill about the Convocation sent down by the Lords, and another to Regulate the Elections of Members to serve in Parliament, were read the first time, and ordered a second Reading.

Friday the 4th of April, An Act for the better discovery and more speedy Conviction of Popish Recusants, sent down from the Lords, was read the second time, and Committed to a Committee, who were also to bring in a Clause to prevent any of the Royal Family from matching with Popish Recusants.

Was not this that tacking of things of a different Nature together, which his Majesty had resolved against, as he told the Houses in these words about a year before?

One thing more I have to add, and that is, His Majesties Speech the 23 of May, 1678. to let you know, that I will never more suffer the course and method of passing Laws to be changed; and that if several matters shall ever again be tacked together in one Bill, that Bill shall certainly be lost, let the importance of it be never so great.

But it was resolved it seems now to try whether he would be as good as his word, and if he were, then the clamour should be, that he was against the speedy conviction of Popish recusants.

Besides this was no such trivial thing but that it might have deserved a distinct Bill.

The same day the Bill against the Earl of Danby being delivered back by the Lords at a Conference with some Amendments, the Commons referr'd the consideration of the Amendments to be considered the next day, and ordered an Address to be drawn up, for a Proclemation for the Apprehending the said Earl, with the usual penalties upon such as conceal him, and that he should not be permitted to reside with in any of his Majesties places of White-Hall, Somerset House, and St. James's.

On Saturday the Bill for Regulating Elections was read the second time, and Committed to a Committee, 5 of April. with liberty to divide the Bill as they see cause.

On Monday the 7th of April his Majesty by Mr. Secretary Coventry, acquainted the House of Commons, that Mr. Reading had acquainted him by a letter directed to one Mr. Chiffinch, that he had matters of great importance concerning the Prisoners in the Tower, and the present Plot; but that his Majesty would not meddle with any Prisoners Committed by this House, and that he would (if the House thought fit) not only permit him but lay his Commands on him frankly and freely to impart whatsoever he knew of that affair to the House of Commons, or the Committee of Secrecy appointed by them. Which so pleased the Commons, that they ordered the humble thanks of the House to be returned to his Majesty; So far was he from concealing any thing relating to the Plot, as he hath been basely and falsely calumniated.

This day the Commons sent up the Articles against the five Lords in the Tower, into the House of Lords.

The same day it was ordered that a Bill should be brought in for Annexing Tangier to the Imperial Crown of England, ☞ upon a report that it was to be sold to the French.

I should not have taken notice of this Vote, but that I shall have occasion to make further use of it hereafter.

The Ninth day of April the House further Voted, ☞ that those who did advise his Majesty to part with Tangier to any Foreign Prince or State, or were instru­mental therein, ought to be Accounted Enemies to the King and Kingdom.

On Tuesday the eighth of April, the Bill relating to the Convocation was read, and referr'd to a Committee.

And then they fell to debate the Reasons against the Amendments of the Lords to the Bill against the [Page 17]E. of D. which chiefly stood upon this point, that the Bill was by them changed from a Bill of Attainder to a Bill of Banishment, which the Commons could not consent to. 1. Because 'twas not the legal punish­ment of Treason. 2. That he might make use of the remission as an Argument of their distrust of their proofs against him. 3. That it would encourage others to withdraw themselves as he had. See the Reasons at large in the Printed Journal.

The Habeas Corpus Bill was read the third time, and passed, and sent up to the Lords.

The same day was a conference betwixt the Lords and Commons about the E. of D. Bill, wherein the Lords prayed a Mitigation of the said Bill. Which was referred by the Commons to be considered the next day.

When their desire was denyed, April 9. and Reasons ordered to be drawn up against it.

The next day there was two several Conferences about this Bill. But no report of either of them entered that day in the Journalls of the House of Commons, but they are entered on Saturday the 12th. of April. And it appears that the Commons resolved then to stand to the Bill without the Amendments.

In the House of Lords on Saturday the 5th of April, the Lord Bishop of Ely complained that one Mr. Sidway had put an information against himself and some others of the Lord Bishops that was very derogatory to them; and thereupon the House commanded the business to be brought before them, and stopt the proceedings of their Committee of Secrecy in that and all other things relating to any Member of their House.

Where the business being heard on the Monday following, the said John Sidway was Committed to [Page 18]the Prison of the Gatehouse, for bringing a frivolous and untrue accusation against the Lord Bishop of Ely and other Bishops, though several Lords dissented.

So the Bishops were quitted that time with Honour, as I wish they always may be, and that their enemies may meet with that shame and confusion they deserve, who through their sides strike at the Lords Anointed, and endeavour to ruine both the Church and State, by changing the Government from a Monarchy to a Common-wealth, as experience taught us once before, when the Crown soon followed the Miter, and the Temporal Lords the Bishops.

On Wednesday four of the five Lords in the Tower were brought to the House of Lords, and heard the Articles readagainst them, and had Copies of them, and were assigned their Counsel for matter of Law, but not for matter of Fact, and had time to answer till the 15th Instant. But the Lord Bellasys not being able to appear, by reason he was lame of the Gout, was excused, and had a Copy of the Articles sent him.

On Monday the 14th of April, at a conference, the Lords consented to pass the Bill against the Earl of Danby without any amendment.

Wednesday the 16th of April, A Bill for securing the King and Kingdom against the growh and Danger of Popery, was read the second time and commttied to a Committee.

The same day a Message was brought from the Lords, that the E. of D. had rendered himself and was sent to the Tower.

And by another Message word was sent, that the four Lords had Appeared, had sent in their Answers to the Articles upon which they had been proceeded against, which Answers they sent down to the Com­mons, being the Originalls, and the Lords desired the [Page 19]return of them with all convenient speed, that they might consider of them.

And then the Commons Voted his Majesty a supply for the Disbanding the rest of the Forces not disbanded by the former Act. To be levied by a Land Tax in six Months. By which all Forces raised or brought over from Foreign parts since the 29th of September, 1677. were to be disbanded. The Commission Officers being to be paid only to the first of this April.

The next day a debate arising, Thursday the 17 of April. whether the Mony for Disbanding the Army should be paid into the Exche­quer? it was carried in the Affirmative by 60 Voices.

A Committee of Secrecy was appointed to prepare and draw up evidence against the E. of Danby, and also further Articles, as they should see cause.

On Friday the 25th of April, a Bill for prevention of raising Mony upon the Subjects but by Act of Parlia­ment was read the first time, and ordered to be read a second time.

A Bill for exporting Cloth to Turkie was read a first time, and ordered to be read again.

The same day the E. of D. and John Lord Bellasys appeared at the Bar of the House of Lords, and put in their several Answers, which were sent down to the Commons, with desire they might be returned with all convenient speed.

On Saturday it was resolved in the House of Com­mons, 26 of April. that they would the Friday following take into consideration how to make the law for prohibiting the importation of French Commodities more effectual.

William Viscount Stafford, Henry Lord Arundel of Wardour, and William Earl of Powis, Appeared this day at the Bar of the House of Lords, and retracted their former Plea's and put in their Answers, which [Page 20]were by a Message sent down to the Commons, which were read, and referred to the Committee of Secrecy belonging to the said House.

This day the House of Commons resolved, Nemine Contradicente,

That this House will sit to morrow, to consider of the best means to secure and preserve the Kings person, and also the Protestant Religion, against the Attempts of the Papists, both in the Reign of his Majesty and his Successors.

And accordingly they did sit, and began the day very inauspiciously with reading an Address to his Majesty for the Execution of Pickering, who as they said had been imployed by some of the Conspirators, to execute their Execrable design of Murdering his Majesty, and upon his Tryal was found guilty thereof; as also of divers Priests and Jesuits, who stood then Condemned by his Majesties Judges at the Old-Bayley; and in several of the Circuits. Upon which Offen­ders they humbly desired immediate Execution might be done, to the terror of all such wicked persons, who by their daily Traiterous practises do justify the pru­dence of their Ancestors in making such Laws, and manifest the necessity of putting them in Execution. And though there is nothing to be said for the men, yet I wish they had not made this severe motion on a Lord's day, it being none of those works of Charity and Mercy, 29. Car. Cap. 7. no nor necessity neither, which are com­mendable on that day, and this might as well have been done on any other day.

Then they proceeded to the work appointed, and Voted in the first place, That a Bill be brought in upon the debate of the House, to Banish all Papists or reputed Papists from London and Westminster and twenty Miles of the same for Six Months, and to confine all those that live above twenty Miles from London within five Miles of [Page 21]their own Habitations under penalties, and referred it to a Committee to draw up the same. And then,

Secondly, Resolved, Nemine Contradicente,

That the Duke of York being a Papist, and the hopes of his coming such to the Crown, have given the greatest countenance and encouragement to the present Conspirators and designs of the Papists, against the King and the Pro­testant Religion.

Resolved, That the concurrence of the Lords be desired to this Vote.

Ordered, that the Committee of Secrecy draw up a Narative of all such matters as concern the D. of Y. rela­ting to the present Plot, contained in such Papers as they have in their hands, and present the same to the House on Wednesday next. And then they adjourned the debate till Monday following.

The next day being Monday the 28th of March, the House attended his Majesty with the said Address, for the Executing Pickering, &c. To which his Majesty reply'd.

Gentlemen,

I Have always been tender in matters of blood, which my Subjects have no reason to take excep­tion at, but this is a matter of great weight, I shall therefore consider of it and return you an answer.

So little was this mercifull Prince exasperated by all the practises against him.

On Wednesday the 30th of April, his Majesty sent for the Commons up to the Lords House, and made this Speech to the two Houses.

My Lords and Gentlemen,

THe Season of the Year advancing so fast, I thought it necessary to put you in mind of three particulars:

  • 1. Prosecuting the Plot,
  • 2. Disbanding the Army,
  • 3. Providing a Fleet for our common security.

And to shew you, that whilst you are doing your parts, my thoughts have not been misimployed; but that it is my constant care to do every thing that may preserve your Religion, and secure it for the future in all events.

I have commanded my Lord Chancellor to menti­on several particulars, which I hope will be an evidence that in all things that concern the Publick security, I shall not follow your zeal but lead it.

The Lord Chancellor spoke thus,

My Lords, and you the Knights, Citizens and Burgesses of the House of Commons.

THat Royal care which his Majesty hath taken for the general quiet, and satisfaction of all his Subjects, is now more evident by these new and fresh instances of it, which I have in command to open to you.

His Majesty hath considered with himself, that it is not enough that your Religion and Liberty is secure during his own Reign, but he thinks he owes it to his people to do all that in him lies, that these blessings may be transmitted to your posterity, and so well secured to them, that no succession in after Ages may be able to work the lest alteration.

And therefore his Majesty, who hath often said in this place that he is ready to consent to any Laws of this kind, so that the same extend not to alter the descent of the Crown in the Right Line, nor to defeat the Succession, hath now commanded this to be further explained.

And to the end it may never be in the power of any Papist, if the Crown descend upon him, to make any change either in Church or State, I am com­manded to tell you, that his Majesty is willing that provision may be made, first to distinguish a Papist from a Protestant Successor; then to limit and cir­cumscribe the Authority of a Popish Successor in these cases following, that he may be disabled to do any harm; first in reference to the Church, his Majestie; is content that care may be taken, that all Ecclesiasti­cal and spiritual Benefices and promotions in the Gift of the Crown, may be conferred in such a manner, that we may be sure the Incumbents shall always be of the most Pious and learned Protestants: And that no Popish Successor (while he continues so) may have any power to controul such preferments.

In reference to the State and civil part of the Government, as it is already provided that no Papist can sit in either House of Parliament, so the King is pleased, that it be provided too, that there may never want a Parliament when the King shall happen to dy: But that the Parliament then in being, may continue indissolvable for a compleat time, or if there be no Parliament then in being, then that the last Parliament, which was in being before that time, may reassemble, and sit a competent time, without any new Summons or Elections.

And as no Papist can by Law hold any place of trust, so the King is content, that it may be further provi­ded, that no Lords or other of the Privy Council, no Judges of the common Law, nor in Chancery, shall at any time during the Reign of any Popish Successor, be put in, or displaced, but by the Authority of Parliament.

And that care also be taken that none but sincere Protestants may be Justices of the Peace.

In reference to the Military part, the King is willing that no Lord Lieutenant, or Deputy Lieutenant, nor no Officer in the Navy (during the Reign of any Popish Successor) be put out or removed but either by Authority of Parliament, or of such persons as the Parliament shall intrust with such Authority.

'Tis hard to invent another restraint to be put upon a Popish Successor, considering how much the Revenue of the Successor will depend upon consent of Parliament, and how impossible it is to raise mony without such consent. But yet if any thing else can occur to the Wisdom of the Parliament, which may further secure Religion and liberty against a Popish Successor, without defeating the Right of Succession it self, his Majesty will most readily consent to it.

Thus watchful is the King for all your safety, and if he could think of any thing else that you do either want or wish, to make you happy, he would make it his business to effect it for you,

God Almighty long continue this blessed Union between the King and his Parliament and people.

The House of Commons returning, resolved to Adjourn the consideration of his Majesties Speech till the next Monday Morning.

And now let any man but seriously consider the Condescention of these proposals, and that they were franlly and freely offered, before the House of Commons had obliged themselves in point of Honour, to stand to any Vote of Exclusion, (for that was not then made) and he must then be amazed to see to what extremities matters have proceeded, during that, and the two last Parliaments.

But who can brook the impudence of those men, who have notwithstanding this, by Tales and Pam­phlets endeavoured to represent his sacred Majesty to his people as a favourer of Papists and Popery.

Some men may possibly say, that all this will not infallibly secure us against Popery, and I say nothing can make any thing in this lower world steady and un­alterable, but it is more likely to do it than the exclusion Bill, because it disarms a Popish Successor of the tempra­tion and opportunity of enslaving us by force, where as the other puts the Sword into his hand, and com­pells him to try his fortune for the whole, the event of which is much more uncertain than some pretend, who trusting now to force and number, will in likely­hood find themselves disappointed by men, and punished by God for their distrust of his providence; and reliance on the Arm of Flesh, if not ruined by their over great confidence in the number of their party, which often have deceived men in such occasions. But this it not the place of these con­siderations, but that they broke loose here against my will.

On Thursday the Commons gave leave to bring in a Bill, 1. of May. that when any Member of their House is pre­ferred to any Office or place of profit, a new Writ should immediately issue out, for Electing of a Member to serve in his stead: This was to keep the party to­gether, [Page 26]and to prevent the Ministers from bying off any of them by preferment, Seasonable Ad­dress to both Houses, p. 10. and it is to be wished it had passed, for that would have lessened their Numbers, and have taken off all those that hoped to rise by oppo­sition to the Court, as they call it, but indeed to the King and the Morarchy: In the interim it may be a caution to the Country, that they take not all these Gentlemen to be what they pretend to be, for that apparently some of them were driving a Market for Preferments, how much soever they had clamoured their predecessors on that account.

This day also Dr. John Nalson, who had been a long time Imprisoned and put to vast charge for Writing the Letter of Advice from a Jesuite in Paris to his corre­spondent in London, was discharged without assigning any reason or Law for this way of proceeding against him, which was never yet used against any of the Wri­ters of the most virulent Libells, against the Govern­ment, and Religion by Law established, and they Voted also, that an Address should be made to his Majesty, by such Members of their House as were of his Majesties Privy Counsel, to desire his Majesty to Command the Lord Chan­cellor to put him out of the Commission of the Peace. Because it seems his Imprisonment was not punishment enough for so great an offence as this: Exact Coll. of the most consi­derable debates &c. p. 337. And the Writing several other books to revive the memory of 1641. as one of the Members expressed it, in the following Parliament; when it seems they meant to have ano­ther fling at him; for though his Majesty can pardon and forgive, there are that cannot. But I believe they have got no great matter by this: Nor was the Doctor turn'd out of the Commission for all their Address, his Majesty knowing this would not suit his Interest.

On Saturday the Lords sent down a Bill, entituled, May 3. An Act for freeing the City of London and parts adjacent, from Popish Inhabitants, and providing against other dangers which may arise from Papists.

And in the Afternoon, May 5. an Account that the Earl of Danby would insist upon his Pardon; and that he de­sired his Council might be heard to the Validity of it.

On Monday His Majesty sent this message to the Commons by the Lord Russell. His Majesty hath com­manded me to let the House know, that his Majesty is willing to comply with the request made to him by the House concerning Pickering; and that the Law shall pass upon him accordingly; and as to the Condem­ned Priests, the House of Peers have sent for them in order (as his Majesty conceives) to some Examina­tions; and further to acquaint you, that he repeateth his instances to you, to think of putting the Fleet in such a posture as may quiet mens fears, and at least secure us from any sudden attempt, which his Majesty doubts not, but you will do: And though the streights and difficulties he lyeth under, are very great, he doth not intend during this Sessions to press for any other Supply; being willing rather to suffer the Burdens that are upon him, some time longer, than to interrupt you, whilst you are im­ployed about the discovery of the Plot, the Tryal of the Lords, and the Bill for securing our Reli­gion.

The same day the Commons went up to the Bar of the Lords house to demand Judgment against the Earl of Danby upon the Illegality of his pardon. May the 6.

On Tuesday, John Wilson and Roger Bockwith Esquires, two Justices of the Peace of the County of York, were sent for in Custody, for saying, that this Parliament was [Page 28]no Parliament, and they would justify it. Of which more hereafter, May 22.

A Message was sent to the Lords by the Commons, that the House was ready to make good the Impeach­ments against the five Popish Lords in the Tower, and the Committee of Secrecy belonging to the Commons was appointed to manage the evidence against them at their Tryals.

Wednesday, The 7. of May the Lords sent down a Message, that they had appointed Saturday to hear the Earl of Danby's Plea, for the Validity of his Pardon, that they had Ad­dressed to the King for the naming a Lord High Steward at his Tryal, and that of the Popish Lords, which was appointed by their Lordships to be that day seven-night.

On Thursday, The 8. of May. the Commons agreed an Address to his Majesty against John Duke of Lauderdale, upon gene­ral pretences of fears and jealousies, desiring he might be removed from his Majesties Counsels in England and Scotland, putting his Majesty in mind of the Address of the last Parliament to that purpose, and resolved, they would attend his Majesty in a body.

The Commons desired a Conference with the Lords, to state before hand the manner of proceedings in the Tryal of the Earl of Danby, and of the five Popish Lords, and took exceptions to their motion for a Lord High Steward.

On Friday his Majesty sent for the Commons, and passed the Bill for Disbanding the Army, and such other Bills as were ready, which was wisely done; for by this surprize other debates were prevented, which might have prov'd of dangerous consequence. After this, they appointed a Committee to inspect the Jour­nalls, and search Presidents touching the carrying up of Bills, and what previous intimation ought to be [Page 29]given to them of his Majesties intention to pass Bills, and from and by whom such notice hath usually been given, and whether the House may debate after the message delivered by the Black Rod, for attendance of the House upon his Majesty. It would have been very unhappy if by reason of these Debates, the For­ces then on foot should have continued undisbanded. By all which as much as is possible to conjecture, it would have been very unhappy if by reason of these Debates, the Forces then on foot should have conti­nued undisbanded to the great damage of the King and Kingdom (notwithstanding the common clamour against them) if his Majesty had not thus prevented it.

The same day the Commons passed this Vote, that no Commoner whatsoever, should presume to maintain the Validity of the pardon, pleaded by the E. of Danby, without the leave of their house first had, and that the per­sons so doing should be accounted betrayers of the Liber­ties of the Commons of England: and Ordered this Vote to be posted up at Westminster-hall Gate, Ser­jeants-Innes, and Innes of Court.

His Lordships Friends called this a depriving him of all counsel to defend himself, but what was ap­pointed by his Enemies and Accusers, in a matter of Law; insisting upon the Rules of proceedings in all other Courts, and the ordinary methods of Common and Natural equity and right; it seeming hard to ruine a man, if not some diffidence of the case, to deny him those Priviledges the meanest and worst of Rogues have; which is to choose such Councel as the Court before whom they are to be tryed will allow, the Kings Councel excepted.

And when the humour was stirr'd, they voted, that the Answer delivered by the Lords that day at the Last Conference (about the manner of trying the [Page 30]Peers, whereby their Lordships had not consented to a Committee of the Houses, because they did not think it Conformable to the Rules and Orders of their Court, of which (they said) they had reason to be tender in matters relating to their Judicature) tended to the Interruption of the good correspondency be­tween the two Houses. May 10.

The first thing the Commons did on Saturday morn­ing, was the Reading of an Address to the King for the raising of the Militia of London, Westminster, the Tower Hamlets, and Counties of Middlesex and Sur­rey, for the security of his Majesties Person at the Tryal of the Popish Lords, by reason of the Great Re­sort of the Jesuits, Popish Priests and other Popish Recu­sants at that time in contempt of his Majesties Laws and Royal Proclamation; to which they desired the Concurrence of the Lords, to which they unani­mously agreed.

The E. of Danby sending a Petition to the Lords, that his Counsel durst not appear to defend his case by rea­son of the Vote of the Commons; the Lords at a Confe­rence desired to know if there were any such Vote, to which the Commons would not answer.

Sir Robert Howard acquainting them, there had been paid from our Lady-day 1676, to the 20th. of March 1679, the Sum of 252467 lb. 1 s. 9 d. for Se­cret Services: They ordered that Mr. Charles Bertie should be taken into Custody of the Sergeant at Armes at­tending their House.

And in the Next place they ordered, that all the Members that were of the Long Robe of their house should prepare themselves with Reasons against the pardon plead­ed by the E. of Danby. Which was very necessary now that no body durst defend it.

So the Lords Ordered the E. to be returned to the Tower in safety.

On Sunday the Lords agreed to the demand of the Commons for the appointing a Committee of both Houses to state the Preliminaries of the tryals to be had, to meet the next day. May 11.

And then the Commons proceeded to Vote; that a Bill be brought in to disable the Duke of York to inherit the Imperial Crown of this Realm, and appointed a Com­mittee to draw the same.

Which was in pursuance of their former Vote, on Sunday the 27th of April. Though the Lords who had been twise desired to concur in that vote, had given no answer to it. Out of an apprehension per­haps that his Majesties Life might be indangered upon this Vote, they resolved, Nemine Contradicente,

That in defence of the Kings person and the Protestant Religion, this house doth declare, that they will stand by his Majesty with their Lives and Fortunes; and that if his Majesty should come by any violent death (which God forbid) that they will revenge it to the utmost upon the Papists.

As if it had been impossible his Majesty should be murthered by any other then a Papist; or that it had been any consolation to his Majesty to have known that his death should have been revenged to the ut­most on them who ever had been the cause or pro­curers of it.

This prov'd the occasion of breaking all the fol­lowing Parliaments to this day, and thereby to se­cure the Popish Lords in the Tower from Tryal, and to prevent all the excellent Laws that were then under consideration against Popery, from ever being brought to pass. And finally, it prov'd an obstacle of union between the King and the Houses, to the great advantage of our Enemies at home and a­broad; to the great hazard of the Nation: and more [Page 32]especially of the Protestant Religion which was pre­tended to be secured by it.

I shall say more of this Vote and the former here­after, when the effects of them will appear better then they did at first.

On Wednesday his Majesty sent another Message to the Commons to put them again in mind of the Fleet, May 14. and let them know he would acquit him­self of the evil consequences, which the want of a Fleet in such a juncture might produce; and that the entering upon it, could be no hinderance to the other great affairs on their hands, but rather a Secu­rity in the dispatch thereof.

Upon which, a debate arising, they adjourn'd the Consideration of this Message till Monday Sennight after: which had the appearance of a denial.

On Thursday there arose a Controversy betwixt the two Houses about the Bishops; May 15. for the Lords ha­ving Voted that the Lords Spiritual have a right to stay, and sit in Court till the Court proceed to the Vote of Guil­ty or not guilty. The Commons opposed it, and said, that the Lords Spiritual ought not to have any Vote in any proceedings upon impeachments against the Lords in the Tower; involving the E. of Danby's case, with the other Lords, though it was vastly different. And indeed from hence arose this contest, the Commons imagining that the Bishops would be for the validity of his pardon, and so make a major Vote in that House; and therefore as they had deprived him of his Counsel before, so now the business was to out the most favourable part (as they thought) of his Judges.

The same day the Bill to disinherit the D. of York, was read the first time, and Ordered a second read­ing.

On Saturday a Vote of the House of Lords was read in the House of Commons. May 17.

16 May, 1679.

Resolved by the Lords Spiritual and Temporal in Parliament assembled that Thursday next be appointed to begin the Tryals of the five Lords in the Tower, (viz.) the E. of Powis, &c.

After which resolution, the Lords Spiritual asked the leave of that house, that they might withdraw them­selves from the Tryals of the said Lords, with the Li­berty of entring their usual Protestations.

Upon which the Commons Resolved.

That it be given as an instruction to their Com­mittee to insist upon the former Vote of this House, That the Lords Spiritual ought not to have any vote in any Proceedings against the Lords in the Tower: and when that matter shall be setled (as they please, for the Lords had setled it) and the method of proceedings adjusted, this House shall then be ready to proceed upon the Tryal of the E. of Danby; against whom the House hath already demanded judgment: and afterwards to the Tryal of the other five Lords in the Tower.

So here was the two Houses in their Votes point blank against one another.

I shall here take notice of some Arguments that pas­sed betwixt the Lords and the Commons as they are expressed in the Lords Journal.

On Tuesday the 13th of May, The Commons desired to know concerning the Bishops being present at the Tryals of the Lords impeached, to which the Lords made this Answer.

That it belonged not to the Commons to be con­cerned in the Constituting parts of the Court, upon such Tryals; but that the judgment of this matter belongs entirely to the Lords, and when they have [Page 34]adjudged it, the Commons cannot alter it, and there­fore should not debate it. Upon which the Commons acknowledged, that Judgment after Tryal is in the Lords, but their Lordships are not to give judgment, unless the Commons demand it, and that the Com­mons desire to know whether the Lords will proceed in these Tryals, as their Lordships did anciently; for if the Bishops should sit upon these Tryals, they should not demand Judgment, but being dissatisfied with their being there, and it may be the Commons may proceed by Bill. To which the Lords made Answer, that after the Evidence is fully heard, they are bound to give judgment of Condemnation or Acquittal; but this being a matter of Judicature, the Lords de­clared, that they would impose silence upon them­selves, and debate it no further. The Commons fur­ther desired to know whether the Bishops should be allowed to vote upon the Validity of the pardon of the E. of Danby, which they account no Preliminary but the very essence of the Tryal.

On Thursday the Votes I have mentioned before be­ing communicated by the Lords to the Commons, the Commons answered, That if the pardon of the E. of Danby infer Life and Death, it is the same with Guil­ty or not Guilty, and desired again to know whether the Lords Spiritual should Vote upon the E. of D. Pardon, in answer to which, the Lords said they had no Instructions in that point, but would acquaint the House with it.

On Friday the Commons insisted, that the Lords Spiritual ought not to have any Vote in any of the proceed­ings upon the impeachments against the Lords in the Tower, and the Commons declared that they knew not how to proceed in Capital matters, before a new Court, to which the Lords would not reply.

So the Lords voted, that Thursday next should be appointed to begin the Tryals of the five Popish Lords.

After which the Lords Spiritual desired leave of the House that they might withdraw themselves from the Tryals of the said Lords, with the liberty of entering their usual Protestations; as I have formerly said.

And it was Ordered that the Resolution of the Lords House and the desire of the Lords Spiritual should be communicated to the Committee of the House of Commons the next Morning.

This being so done, the Commons insisted, that their Vote extended to the E. of Danby as well as the five Lords, whereas the Lords Vote relate only to the five Lords, and therefore they desired to know what answer the Lords would give as to the E. of Danby, they further objected, that they conceived, that their vote was as to the Right of the thing, and that the Bishops have no right to be at any Vote in any capital cases.

And they conceived the E. of Ds. to be a Capital case, as well as the cases of the other five Lords, and that if the Bishops may have leave to withdraw, it implies a right, which if they have, it is a new Court which the Commons cannot admit of.

The Lords reply'd there is no day yet appointed for the tryal of the E. of D. and that the Lords Spiritual will be absent at all the parts of the Tryals of the five Lords, and that the Protestations they now desire to enter, will be the same as in the Earl of Strafford 's case.

Then the Commons said they could not proceed to treat of any other Proposals, till such time as the busi­ness about the Court be setled.

On Munday the 19th of May the Commons further insisted that the Lords Spiritual ought not to have any Vote in the proceeding against the Lords in the Tower, and when that matter shall be setled, and the Method of pro­ceedings [Page 36]adjusted their House would be then ready to pro­ceed upon the Tryal of the Pardon of the E. of Danby, a­gainst whom the Commons had already demanded judg­ment, and afterwards to the tryal of the five Lords in the Tower.

Upon which the Lords told them they had no Au­thority to debate this Matter.

Note that the tryal of the E. of D. was render'd impossible, by Voting no Commoner of England should be of Counsel with him, or defend the validity of his pardon. 2ly, That all this contest about the Bishops was only in relation to the Earl's case. 3ly, That they insinuate they would proceed by Bill, all which were Declarations they meant to force the Lords as much as in them lay to condemn the E. one way or an­other, as the Long Parliament forced his Majesties Father, and the House of Lords against their declared judgments, to condemn the E. of Strafford. But to go on.

The Commons then further said that the Lords resolution which was offered, was no answer to their proposition; which comprehended the E. of D. as well as the five Lords: besides the Lords an­swer was doubtful, for it appears that the Bishops asked leave to be absent, but it appeared not that it was granted, then consequently the Bishops must sit in Court at the Tryals; that the Commons con­ceived that the Bishops absenting themselves by way of Leave, is a strong implication of a right assert­ed, which they cannot allow, can ever be main­tained (yet this they were told, let it imply what it will) was allowed them in the case of the E. of Strafford in Parliament by a house of Commons that were no great Friends to Bishops, and why could not the Commons now be contented with what was practised [Page 37]then and at all other times? and (the Commons) did think (they said) there was the same reason for the Bishops being absent from the Tryal, upon the par­don, as from the tryal of the other five Lords, and that the naming of a day for the tryal of the five Lords, before the tryal of the pardon of the E. of Danby, against whom the Commons had already de­manded Judgment, as the putting that last which they desired should be first.

To which the Lords told them, they were not im­powered to debate, but would impart these Matters to the House.

The Commons hereupon replied, they were ready to go on, and that for want of these trials all publick bu­siness stood still, but the Lords seem'd to lay the stop at the Commons door, by naming a day, which they conceived ought not to have been appointed, before the Methods were considered, for the Lords had not answered the Commons in matter of Right, (which never was, nor it may be will be answered) which was necessary first to be adjusted, and they desired their resolution as to that matter; for they conceived they (the Bishops) had no right (which whether they had or no, there was no more necessity of determining it then, then heretofore) and the Lords might as well make the Judges part of their Court, as the Bishops in this point; As they said.

And they said, the Commons would give no distur­bance to the Ancient judicature, for they own'd that to be sacred, and they conceived they had a right to know be­fore what Court they shall appear, and they hoped the Lords would consider of their having appointed a day, before the Methods were considered, and would give them leave to wonder at it.

It is as likely the Lords took leave all this time to [Page 38]wonder at the Commons too; and it is likely pos­terity will wonder that all this Controversy should be banded thus, when it was thought to have been full time at least, to have been trying the five Lords, and dispatching the Bills against Popery.

On Tuesday the 25th of May the Lords having a­gain considered of all this, in a Committee of the whole House; gave further day for the Tryal of the five Lords till that day sennight.

The same day, the Commons read the Bill for free­ing the City of London, and parts adjacent, from Po­pish Inhabitants, with the Amendments the third time; and having added two clauses, return'd it to the Lords from whom it came.

The Bill for disabling the D. of York to inherit the imperial Crown of this Realm, being read the second time, and the question put whether it should be committed, the House divided, and there were for the

  • Yeas—207.
  • Noes—128.

And so it was resolved in the affirmative. And the Bill was committed to a Committee of the whole House, which was to sit the Friday following.

On Thursday the 22th of May, John Wilson and Roger Beckwith Esquires, the two Yorkshire Justices of the peace, who were sent for into custody, for saying this was no Parliament; exhibited in the House a Petition under the Hands of Eight Justices of the peace of the North Riding of the County of York: certifying that they were all present at the Sessions at Thirske the first of May 1679, when John Wilson Esq; being desired to give his opinion whether the Act for Settlement of the poor of the 14 of Car. 2, which was to continue to the end of the first Session of the [Page 39]next Parliament was still in force; to which he an­swered, it was doubtful, in regard they had not yet made any Act, and is not a Parliament in Law, be­cause no Record remains of it; to which it seems the other assented, and all the said Justices certify that neither of them did then speak any words derogatory to the Parliament.

Now this doubt did arise by reason of the proro­gation in the beginning of this Parliament before the Speaker was chosen; which seemed to make a Ses­sion.

Hereupon the Commons Ordered that they should be discharged, paying their fees.

But who should make these Gentlemen any Re­compence for the trouble, charge, and injury they had sustained by this imprisonment, was a matter they were not then at leisure to consider. But in the in­terval of a Parliament, it may be worth their while to look into the authorities that enabled them to imprison their fellow Subjects upon a bare, and it may be false and malicious Suggestion, who are no members of their house. But if they shall not be pleas'd to con­sider of it themselves, the rest of the Gentry will, and take other Measures perhaps for the future; in regard that no man is secure of his Liberty in time of Parliament at this boundless rate of Privi­ledge.

On Friday 23 of May 1679, the House being in­formed that Sir Stephen Fox had paid several Sums of Money to some of the Members of the last Par­liament, and that he had books of Accounts to e­vidence the same: first they ordered,

‘That he should be immediately sent for to attend the House, and to bring with him all the Books and Papers of Accounts of any moneys he has paid to any Members [Page 40]of the last Parliament.’ And presently again

Ordered,

That Sir S.F. do forthwith produce to this House his Leiger Book, Cash Book and Journal; and his Receipts for money by him paid for secret Services, and that he be injoyned not to go out of the Company of the Members (they sent with him) before they return to the House.

Ordered again,

That no Members depart the Service of the House un­til Sir S.F. and the other Members return.

Ordered again,

That Sir F. Winnington do to morrow morning make a report of the informations given to the Committee of Se­cresy, touching Money paid for Secret Services to the mem­bers of the last Parliament.

Ordered again,

That Sir S. Fox do upon his Memory, name to the House such Members of the last Parliament, as he paid any mo­ney to for Secret Service.

There is no Entry of the Persons by them named, but many Lists of them in writing were presently spread about the Nation, some of which had more Names, and others fewer, according to the affection of the Transcribers, and so the Honour of many an honest Gentleman, was under-hand blasted; with the people especially, there being no way left to rectify this falsehood, but by repairing to Sir Stephen Fox for a Certificate, and that would not have been belie­ved neither by their Enemies, whilst their friends did not need it.

As I recommended one consideration before to our Parliament men, relating to our Liberties, so they may be pleased to take another along with them for our honours, for it seems if a man be imprisoned or accused by the Order of the Commons in Parlia­ment, [Page 41]though never so wrongfully, he shall hardly obtain any relief; and therefore great care ought to be taken not to precipitate matters of this Conse­quence. Now Sir Stephen Fox might possibly have given a better account next morning in Writing, then thus hastily upon his memory; and there the Gentle­men accused, might have been heard what they could say for themselves, before they had been defamed to the whole Nation, and after that an exact account might have been given in Print, without leaving it to the Liberty of every man to add and diminish as he pleased. Such inconveniences as these, will ever follow hasty Counsels, which therefore ought to be avoided; if they be not, the injury will at one time or another be repay'd with Interest.

To conclude this matter, as there was never any Law to prohibit Parliament-men from taking the li­berality of our Princes in time of Parliament, so there was the greater reason for it in this Parliament, which lasted too long, to the Ruine of many Gen­tlemen of small estate, who were Members of it; the custom of taking Wages being then wholly laid a­side; and as this tended to make them odious to the People, so it reflected upon his Majesty: and there­fore ought to have been pursued with great Tender­ness, and care also ought to have been taken for the time to come, by allowing better Wages, and making it duely paid; without which, this thing will never be prevented.

All which is said not to accuse Sir Stephen Fox or the Gentlemen that were accused by him, but to show what injuries may and will happen, as often as that great Body acts with too much warmth, and how diffi­cult it is to redress what might easily enough have been prevented, which I desire may end in the honour of Par­liaments, [Page 42]by making them Act with all possible reser­vedness and caution for the future.

On Saturday, May the 24th, the Commons ordered an Answer to be return'd to the last Message of the house of Peers, touching the Appointment of Tuesday the 27th of May, for the Tryal of the five Lords in the Tower, with reasons why they could not proceed to the Tryal of those five Lords, before judgment given upon the E. of D's. plea of his Pardon, and the point of the Bishops not Voting in any proceedings, upon impeachments for Capital offences were setled, and the methods of Proceedings adjusted, and that a Committee should be appointed to draw up these reasons.

A Petition being exhibited the same day to the Commons by Sir Thomas Hare, John Trinham Esq; and others on the behalf of themselves, and the ma­jor part of the Freeholders of the County of Norfolk. Complaining of several rude and illegal practises, in Electing and Returning Sir John Hobart to serve in that Parliament, as Knight of the Shire for the said County of Norfolk; and the Petitioners having in their Petition set forth, that by reason of Printing and Publishing of the Resolves and Orders of the House, the Free-holders of the said County, were af­frighted and terrified.

And a Motion being made that the said Petition might be rejected, the same was upon the question re­jected.

Sir Francis Winnington reported from the Committee of Secrecy, several Informations of Moneys paid for Secret Service to the Members of the last Parliament.

Whereupon they Ordered, that one Mr. Knight, and Sir Richard Wiseman, should be immediately sent for to attend the House. And that the Speaker should Issue out [Page 43]his Warrant, for the summoning of such Witnesses as should be Named to him, by any Member of their House, touch­ing Moneys paid for Secret Service.

And then Adjourned the Debate of that affair till Tuesday Morning following; when his Majesty put an end to this and all their other proceedings.

On Munday the 26th of May, the Commons drew up reasons why they could not proceed to the Tryal of the five impeach'd Popish Lords, till they had their demands in relation to the E. of Danby, and the Bishops; which are too long to be here inserted, not without some seeming reflexions upon the Proceed­ings of the Honse of Peers.

But I need not interpose betwixt them, the Lords are better able to Justify and Vindicate their Cause a­gainst the Commons then I am; and it is fit I should leave it to them.

Yet I cannot but take notice, they never gave any reason for their Vote of the 9th of May; That no Com­moner whatsoever should presume to maintain the Validity of the Pardon pleaded by the E. of D. without the leave of their House first had and obtained, and that the Persons so doing, should be accounted betrayers of the Liberties of England. By which Vote it became impossible for the Lords to do the E. Justice; for his Plea being matter of Law and not of Fact, by the Law of the Land, he ought to have Counsel assigned him by the Lords, without the Interposition of the Commons, the Lords being his Judges, and the Commons his Accusers, and by consequence his Enemies. And it seems con­trary to the Rules of Natural and Eternal Equity, that a man should have no means to defend his life, but what his Accusers will allow him: and I believe they themselves would never have submitted to this. Now Counsel he could have none if they were not [Page 44]Commoners (as they that made that Vote will I sup­pose allow,) all the Peers being his Judges, and so foreclosed from being of Counsel for him. And with­out Counsel, the Lords neither could nor ought to pro­ceed against him, therefore the Commons had made it legally impossible to try the E. till that Vote were re­call'd, and this I take to be the true reason why their Lordships Ordered the Tryals of the five Lords before his, which they did after this Vote, for before that time they were willing to have tryed him first, as ap­pears by their Journal.

2ly. The Commons give no reason why the Bishops should not be allowed to withdraw upon leave, as they anciently used to do; for they do not deny, that anciently they use to withdraw upon Leave, though the Lords urged that, nor produce one instance, where they were excluded, but upon Leave, and with pro­testations entered. And therefore there seemed to be much Reason why the Lords should stick to their own Vote, and refuse to gratify the Commons in this point, to the dammage of the Bishops.

3ly. The Commons proceeded a little mysteriously with the Lords, under a general term of the Lords in the Tower; including the E. of D. by that term, tho his Case was vastly different, both in matter of Fact, and the manner of the Tryal. For the Lords yielded at the first, that the Bishops ought to with­draw from the Tryal of the five Popish Lords and there­fore that point ought to have been no further insisted on; yet still the Commons urged that the Bishops ought not to be present at the Tryal of the Lords in the Tower, including the E. of D. in those general Terms, as be­fore; which seemed liker a dispute at the Bar, then a Treaty betwixt two Committees of the Houses for an Accommodation.

Now that the E. of Danby's case was vastly diffe­rent from that of the five Lords appears from hence. 1. There is nothing charged upon the E. that is trea­son within the Statute of the 25th of Ed. 3. c. 2. nor any other Statute that was ever alledged, and so it must have been debated upon the Tryal whether the Crimes were Treason or no, supposing the matter of Fact had been proved or granted; and of this the Bi­shops are Judges, as well as the Temporal Lords, and have ever had their Vote in all those Statutes that have made or declared what was, and what was not Treason, and particularly in the Statute above cited, which is the great and standing rule, and so ought not to be excluded here, but in the case of the five Lords it was otherwise, for their Treasons were appa­rently within the said Statute, if prov'd true. 2ly, The E's. plea was a meer Law point, viz. whether the Par­don was Valid or not, and the Bishops are Judges with the Lords Temporal in all points of Law brought before that House. 3ly. Though the Commons in­sisted that the Event was the same as upon Guilty or not Guilty. Yet this may be questioned, for it seems just, that if the Pardon had been over-ruled, the E. should have still been in the same case, as if it had not been granted, and so have been tryed again upon the impeachment, and then might have demurr'd to the point in Law, whether the Crimes charged were Treason or no, before he had been condemned, and in this point perhaps, the Bishops had been Judges; and when both these points had been heard and o­ver-ruled, then that the matter of fact should have been tryed upon the Plea of Guilty or not Guilty, and then the Bishops should have been absent. And per­haps the Commons will find that the Earls resoluti­on of abiding by his pardon will amount to no more [Page 46]then this, when ever he be tryed, at least it seems reasonable it should not. For there is no reason a man should be hanged, because the Attorney General mis­took in drawing his Pardon, or he in the manner of suing it out, without a Tryal. If it be said that Con­sensus tollit Errorem, I answer, No man can consent to his own destruction, so as to foreclose him of all lawful means of saving his Life. If it be objected that this is too tedious a way of proceeding, I answer in the words of the Heathen, de morte hominis nulla est cunctatio Longa; it being easy to cut off a mans Head, and impossible to restore him to life, good con­sideration ought to be taken before it be done.

It may be some will be ready to say a Fools bolt is soon shot, and though this is true, yet, I know no rea­son why I may not speak my judgment as well as o­thers; and if I be adjudged an enemy of the Com­mons of England for my pains, I cannot help it, only I have not medled with the Validity of the pardon in all this, nor I think never will, and so I have not of­fended against that Vote.

The Conclusion I shall draw from hence is, that the Lords had reason to put the Tryal of the five Po­pish Lords first, and that the Commons necessitated them so to do, by that Extraordinary Vote, by starting a new Controversy about the Jurisdiction of the Bi­shops in all Capital causes; and by refusing them li­berty to do as they always had done before, that is to withdraw upon Leave, with the usual protesta­tions entered; all which things were not presently to be given up, nor could suddenly be determined.

The rest of that day was spent in two Conferen­ces, the one concerning the Habeas Corpus Act, and the other about the Tryals; in which the Long rea­sons I mentioned were delivered.

On Tuesday the 27th of May, The Habeas Corpus Bill was agreed at a Conference betwixt the two Houses.

Then a Message was sent by the Lords to the Com­mons to acquaint them that his Majesty was coming in his Robes, who accordingly sent for the Commons, and having passed,

1. An Act for the reingrossing the Records of Fines, burnt or lost in the late Fire in the Temple:

2. An Act for the better securing of the Liberty of the Subject, and for preventing imprisonment beyond Seas. Which is that I call the Habeas Corpus Act for short­ness. Which were all that had been got ready for his Royal assent in this Session of Parliament:

His Majesty made a short Speech to this effect.

My Lords and Gentlemen;

I Was in good hopes that this Session would have produced great good to the Kingdom, and that you would have gone on unanimously, for the good thereof; but to my great grief, I see that there are such differences between the two Houses, that I am afraid very ill effects will come of them. I know but one way of Remedy for the present, assuring you, that in the mean time I shall shew my sincerity with the same Zeal I met you here; and therefore my Lord Chancellor I command you to do as I have Ordered you.

Who immediately Prorogued both Houses to the 14th day of August following.

The news of this Prorogation of the Parliament, was no sooner spread about the Nation, but the cry was taken up by the zealous Impostors, that it was [Page 48]done of purpose to hinder the Tryal of the Popish Lords: for as for the E. of D. the People were gene­rally unconcern'd what came of him. And dreadful Sto­ries were told in Coffee-houses, Ale-houses, Taverns, and Meeting houses of the danger of Popery, and what great favourers they had at Court, not sparing his Majesty.

But this was not all, the Act for Regulating Print­ing, expiring with this Session, of which no care was taken, notwithstanding his Majesty recommen­ded it so seriously to the Parliament by the Lord Chancellour, at the opening of it. The Nation be­came presently so pestred with a swarm of Lying, Seditious treasonable and scandalous Pamphlets, Pa­pers and Pictures; that a man would have thought Hell had been broken loose. His Majesty, the Church, the Government, were represented every day by them in the most odious manner that spite, falsehood, and malice could invent; to beget a disaffection in the people to the Government, and to involve us in another Rebellion. And if any man presumed to Defend them, he was presently a Papist in Masque­rade, a Tory or Tantivy man; and very often threat­ned with the Parliament. All which was done with­out doubt out of as pure kindness to his Majesty, and to beget honour to the Government, and tended as apparently to the Interest and Safety of the Protestant Religion, as the Jews Crys of Crucify him, Crucify him, did to the delivery of our Saviour out of the hands of Pilate.

There was an Accident that began in this Ses­sion of Parliament, and received its occasional be­ing from some Distemper'd Spirits. In March 1679, there was a Speech said to be made in the House of [Page 49]Lords by a certain This Speech is Printed in a Pamphlet called An impar­tial account of divers re­markable Proceedings in the last Session of Parlia­ment. London 1679. folio. Earl, and by the Diffenters and Commonwealth Party spread about the three Kingdoms with a mighty Zeal, which in Scotland was followed with the usual effects of such like Speeches, and in regard that it may administer much con­solation to that Party to read it over again that were so well pleased with it before, I will re­print it here word for word.

My Lords,

You are appointing of the State of England to be taken up in a Committee of the whole House, some day next week. I do not know how well what I have to say may be received, for I never study either to make my Court well or to be popular; I always speak what I am commanded by the Dictates of the Spirit within me.

There are some Considerations that concern Eng­land so neerly that without them you will come far short of safety and quiet at home: We have a little Sister, and she hath no Breasts; what shall we do for our Sister in the day when she shall be spoken for? If she be a wall we will build on her a palace of sil­ver, if she be a door, we will enclose her with boards of Cedar. We have several Little Sisters without Breasts, the French Protestant Churches, the two Kingdoms of Ireland and Scotland; the Foreign Pro­testants are a Wall, the only Wall and defence to Eng­land, upon it you may build Palaces of Silver, Glori­ous Palaces. The protection of the Protestants a­broad, is the greatest power and security the Crown of England can attain to, and which can only help us to give check to the growing greatness of France. [Page 50]Scotland and Ireland, are two doors, either to let in good or mischief upon us; they are much weakened by the Artifice of our cunning Enemies, and we ought to Inclose them with Boards of Cedar.

Popery and Slavery, like two Sisters, go hand in hand, sometimes one goes first, sometimes the other, in at doors, but the other is always following close at hand.

In England Popery was to have brought in Sla­very; in Scotland Slavery went before, and Popery was to follow.

I do not think your Lordships or the Parliament have Jurisdiction there, it is an Ancient Kingdom; they have an Illustrious Nobility, a Gallant Gentry, a Learned Clergy, and an understanding worthy People: but yet we cannot think of England as we ought, without reflecting on the condition they are in. They are under the same Prince, and the influ­ence of the same Favourites and Councils; when they are hardly dealt with, can we that are the Richer expect better usage? for 'tis certain, that in all Absolute Governments, the poorest Countries are always most favourably dealt with.

When the Ancient Nobility and Gentry there, cannot enjoy their Royalties, their Shreivaldoms, and their Stewardaries, which they and their An­cestors have possessed for several Hundreds of years; but that now they are enjoyned by the Lords of the Council, to make deputations of their Authorities, to such as are their known Enemies.

Can we expect to enjoy our Magna Charta long, under the same Persons and Administration of af­fairs? If the Council Table there can imprison any Noble-man or Gentleman for several years, without bringing him to Tryal, or giving the least reason for [Page 51]what they do; can we expect the same men will preserve the Liberty of the Subject here?

I will acknowledge I am not well vers'd in the particular Laws of Scotland; but this I do know, that all the Northern Countreys have by their Laws, an undoubted and inviolable Right to their Liberties and Properties; yet Scotland hath outdone all the Eastern and Southern Countreys, in having their Lives, Liberties and Estates subjected to the Arbitrary will and pleasure of them that Govern. They have lately plundered and harassed the Richest and Wealthiest Countries of that Kingdom, and brought down the Barbarous Highlanders to devour them; and all this without a most colourable pre­tence to do it. Nor can there be found a reason of State for what they have done, but that those wick­ed Ministers designed to procure a Rebellion at any rate; which as they managed, was only pre­vented by the miraculous hand of God, or other­wise all the Papists in England would have been armed, and the fairest opportunity given in the just time for the execution of that wicked and bloody de­sign the Papists had; and it is not possible for any man that duly considers it, to think other, but that those Ministers that acted that, were as guilty of the Plot, as any of the Lords that are in question for it.

My Lords, I am forced to speak this the plainer, because till the pressure be fully and clearly taken off from Scotland, 'tis not possible for me or any think­ing man to believe that good is meant us here.

We must still be upon our guard, apprehending that the Principle is not changed at Court, and that these men that are still in place and Authority, have that influence upon the Mind of our excellent [Page 52]Prince. that he is not, nor cannot be that to us, that his own Nature and Goodness would incline him to.

I know your Lordships can order nothing in this, but there are those that hear me, can put a perfect cure to it; until that be done, the Scotch Weed is like Death in the Pot. Mers in Olla. But there is some­thing too, now I consider, that most immediately concerns us; their Act of Twenty two Thousand men to be ready to invade us upon all occasions. This I hear, that the Lords of the Council there, have treated as they do all other Laws, and ex­pounded it into a Standing Army of six thousand men. I am sure we have reason and right to be­seech the King that that Act may be better consi­dered in the next Parliament there. I shall say no more for Scotland at this time, I am afraid your Lordships will think I have said too much, having no concern there. But if a French Noble-man, should come to dwell in my House and Family, I should think it concerned me to ask what he did in France, for if he were there a Felon, a Rogue, a Plunderer, I should desire him to live else-where; and I hope your Lordships will do the same thing for the Nation, if you find the same cause.

My Lords give me leave to speak two or three words concerning our other Sister Ireland; thither I hear is sent Douglas's Regiment, to secure us against the French. Besides I am credibly informed, that the Papists have their Arms restored, and the Prote­stants are not many of them yet recovered from be­ing the suspected Party; the Sea-Towns as well as the Inland, are full of Papists: that Kingdom can­not long continue in the English hands, if some bet­ter care be not taken of it. This is in your power, [Page 53]and there is nothing there, but is under your Laws, therefore I beg that this Kingdom at least may be taken in consideration, together with the State of England: for I am sure there can be no safety here, if these doors be not shut up and made sure.

Whether any such Harangue was made in that August assembly or not, I cannot say; but I am sure that all the Seditious and Treasonable Pamphlets that have been since Printed, are but flourishes up­on this Text, and an extract of those that went be­fore them, the very model of the last Rebellion, and probably the design of an other. But England and Ireland are not as yet ripe for so generous an under­taking. But to shew you how matters past in Scot­land, I will Transcribe the very words of my Author, and leave the credit of them with him.

By the very next post after this Speech was said to have been spoken, The Spirit of Popery, speak­ing in the Pha­natical Prote­stants. pag. 73. London. 1680. fol. Forty written Coppies of it were sent from London to Edenbrough; and the Fa­naticks grew so insolent and so daring upon it, that se­veral Loyal Gentlemen, wrote up accounts, to what height of Insolences this Speech had blown up the Enemies of the Church and the Monarchy; and that they had just reasons to fear that very dangerous at­tempts, if not a down-right Rebellion would speedily ensue thereupon: but those reports found not too much credit at London; where the world was made to believe by men (whose interest it was that they should not be credited) that they were but the in­ventions of the Duke of Lauderdale, for whose ad­vantage in that conjucture, it was that they should be believed.

My Author goes on that he is confident (such is his charity) he that made it, The Effects. would not have done so, had he known the true State of Scotland, which [Page 54]few English men do, or foreseen the evil effects, which it immediately had, in encouraging the Co­venanteers to Assassinate, Massacre and Rebel. For now they begin to look and speak big in Edenbrough; and many of them were heard and seen upon the Crown of the Causway, who had sneeked about in darkness be­fore. And as for the disaffected parts of the Coun­try, they now display'd the Banners of Jesus Christ, (as they Blasphemously call'd their colours) at their Conventicles every where, and their Preachers now told them, that the time of their deliverance, and of Gods taking Vengeance upon his Enemies, was now at hand; only they must repent, and be strong, and of a great courage, and fight the Battles of the Lord. They also threatned in all places, such as they thought were seriously active against them, talking of great Changes and Revolutions in England, and in Publick Places, dropt Lists of the Names of those men, whom they had a mind should fall by Heroical Hands. And in the first place naming Dr. Sharp the Archbishop of St. Andrews and Primate of Scotland, whom they meekly stiled, That perjured Apostate Prelate Sharp. Threatning to handle him and the rest severely.

Having spent a few Weeks in these godly Exhor­tations, animating each other to this good work, and being thereunto further encouraged by the Bre­thren in London, the third of May following, they began the work with the murther of the said Arch­bishop; and I will inform you of the manner of that Butchery in the words of the same Au­thor.

The Archbishop had been attending his Majesties Service in the Privy Council at Edenbrough, from thence he went over into Fife, in the after-noon, on the Second of May 1679. That night he lodged at [Page 55]Captain Seaton's House, in a Village called Kenno­way, which is in the Mid-way betwixt Bruntisland and St. Andrews. About Midnight as the People of the Town report, two men well mounted and armed, came thither to enquire if the Arch-bishop of St. Andrews was Lodged at Captain Seaton's; and as soon as they were informed that he was, they pre­sently rode out of the Town again.

The next morning being the Third of May, seve­ral Parties of Horse-men were seen to traverse the Road betwixt Kennoway and St. Andrews, who doubtless were the Assassins, who watched for an opportunity to effect the Murther which they had long designed. But the Lord Primate who was a man of great Natural courage, and whom so many deliverances for almost Twenty years, from the hands of those bloody Zealots, had now brought to an entire confidence in God's Protection, took Coach about Nine of the Clock, without any presage or apprehension of danger.

He had none but his Eldest Daughter to ride with him in the Coach, and only three Servants on Horse-back to attend him; one of whom he had sent before he was assaulted, to pay his respects to a Person of Honour, by whose house he passed on his Road. He advanced on his journey in great se­curity till he came to a little Country Village called Magus, two miles distant from St. Andrews be­twixt Eleven and Twelve a Clock in the Fore­noon.

There he first perceived himself to be pursued by Eleven or Twelve men barefaced, well mounted, with Pistols cocked in their hands, and drawn Swords hanging in Strings from their Armes; as soon as he spied them, he bid his Coachman drive as [Page 56]fast as his Horses could gallop, but alas too late, for the Assassin furiously pursued him, and in their pur­sute, shot at him several times in his Coach, running as fast as six good Horses could draw it. The Coachman (who discovered the Villains before his Lord, and had thereupon begged leave of him, but was not permitted to gallop away) had certainly outdriven them, if one Balfour of Kinlock, mounted on a very fleet bay horse, had not overtaken them; who not daring to attack the Coachman, because his Whip did fright his Sprightly horse, therefore rod up to the Postilion, whom he wounded with his Sword in the face, shot one of the foremost Horses, and hamstringed the other, and so stopped the Coach.

By that time this was done, the rest of the Mur­therers came up, and one of them fired a Pistol or Blunderbuss so near his Breast, that his Daughter rubbed off the burning which stuck to his Gown. Then they called him by the Name of Dog, Villain, Apostate, Persecuter of the Godly, Betrayer of Jesus Christ and his Church, and bid him come out of his Coach, to receive what he deserved for his wicked­ness against the Kirk of Scotland.

Upon this his Daughter got out of the Coach, and fell on her knees, begging her Father's Life; but they regarded neither her Prayers nor Tears, but threw her down several times upon the ground, trampled upon her and wounded her: which her tender hearted Father seeing, after much reproach­ful Language, and many Threatnings, came meek­ly out of the Coach, and with calmness said unto them, Gentlemen, I know not that I have ever inju­red any of you, or if I did I am ready to make you re­paration; and therefore I beseech you to spare my life, and I promise I will never pursue you for this violence, [Page 57]and I pray you consider, before you bring the guilt of Innocent blood upon your selves.

The reverence of his Presence, and his undaunt­ed Courage in addressing himself so resolutely and gravely unto them, surprised them, and made them stand a little while, as it were unresolved what to do; and one of them relenting, Cried to the rest, Spare these Grey Hairs: but their cruel Zeal over­coming their Natural Pity and Justice, paused not long before they replyed, He must die, He must die. And then again calling him Traiterous Villain, Ju­das, betrayer of the Interest of Christ, Enemy to God and his People, said unto him, Thou shalt now receive the reward of thy Apostacy, and enmity to the People of God.

Then seeing them determined to take away his Life, he begged a little while to pray, telling them, he would pray for them; but they scornfully told him, That they cared not for his Prayers, being sure that God would not hear so base a Dog as he was. Then looking stedfastly upon one of the Assassins, whom he seem­ed to know, he kneeled down before him, and said unto him, Sir you are a Gentleman, and I must beg my last favour from you, that since you are resolved that I must dye, you would have pity upon my poor child here, and spare her life, and for this, Sir give me your hand: and thereupon stretching his hand towards the cru­el man, he had for a return, a very great blow with a Shable, which almost quite cut off his Hand, and the Villain redoubling his Stroak, gave him another violent Wound upon the left Eye, which cut him two Inches above it, and one below; this Stroak knocked him down, but getting up upon his Knees again, he said, Gentlemen, it is now enough, you have done your work; and holding up his Hands (as well [Page 58]as he could) to Heaven, he fervently cryed out, Lord Jesus, have mercy on my Soul, and receive my Spi­rit. While he was in this Posture of Devotion, they wounded him in his Hands which he held up to Heaven, and in other parts of his Body, till in a kind of composure he laid down his Head upon his Arm, saying God forgive you, and I forgive you all.

These were the last words which he uttered, like an excellent Christian; after which they gave him no less then sixteen Wounds on his Head; some of them as they were going away, thought they heard him groan, which made them go back, and to make sure work, stir about his Brains in the Scull with the points of their Swords. His Head seemed to be all one Wound; and pieces of his shattered Scull, and Brains were some days after found on the Ground that Unhallowed Golgotha where he was slain.

Having finished their long desired Murther, they made his Servants Solemnly swear not to discover them, and then bad them in derision take up their Priest, and having said so, rode back to Magus, where they first assaulted the Coach; and one of them, by Name John Balfour of Kinlock, as he passed by that Town, was heard to say very audibly and distinctly, That now Judas was killed.

A Proclamation being published in his Majesties Name for the discovery of these abominable execra­ble Murtherers, and search made among the Te­nants and Heritors of the Shire of Fife, and the Inhabitants of Magus being examined upon oath; it was made apparent, that the bloody Assassins, and many others, who were strongly presumed to have been Abetters, and Contrivers of the Murther, were [Page 59]notorious Fanaticks, Frequenters of Field-Conventicles, and Followers of Mr. Welsh, and other Traiterous inter­communed and Rebellious Preachers; Nine of the Ac­tors in this Tragedy were discovered by their Names and Sirnames, which are as followeth.

John Balfour of Kinlock, David Hackston of Rathilet­tet, George Balfour in Gilston, James Russel in Kings-Kettle, Robert Dingwall a Farmers Son in Caddam, An­drew Guillan Weaver in Balmerinoch, Alexander Hin­derson and Andrew Hinderson, Sons to John Hinderson in Killbrachmont, George Fleming, Son to George Fleming in Balbuthy.

The rebellion interrupting the course of Justice a­gainst these miscreants for some time, the 20th day of September 1679, there was another Proclamation published for the apprehending those Nine, and all others that were in the Rebellion, and were Heri­tors or Ministers.

But by this time the Murtherers and Rebels, had fled the Kingdom, notwithstanding all imaginable care and diligence to prevent their escape; and whilst the Covenanting Army lay at Glascow, one of the Balfours, as a very credible Gentleman, who was then the Town, told me (saith my Author) openly boast­ed of the Murther as a glorious fact; and said hold­ing up his Arm, This hand helped to kill the Fox. And five of the Accomplices, Complotters and Abetters of the Murther, chose to dye, and be hung up in Chains upon the place, rather then confess the sin­fulness of the action, by acknowledging it was a Murther or a Sin.

The Fanatical Party, foretold it in several places, and the Morning before it was committed, one of the Assassins like a Jesuit Consecrated to an Heroical Act, after a solemn Sacrilegious form, held up his [Page 60]hand, and swore, that That hand should kill the Arch-Prelate; upon which the Holy Sister his Hostess, kissed him. And it is notoriously known in Scot­land, that he, who commanded the foot for Mr. Welsh upon Reupar Law (that famous Field Conventicle) owned that their Friends thanked God for the Archbishops death, which neither they nor their abetters in either Kingdom will call Murther, when they have occa­sion to Speak thereof.

My Author goes further, and shews how the Pre­decessors of these Godly Cut-throats Norman Lesly, John Lesley, Peter Carmichael and James Meluil As­sassinated Cardinal Beton Archbishop of St. Andrews in his Castle there in cold blood, gravely, and with the preface of an harangue; which Knox commends, calling the Principal Murtherer, a Meek man of God: an odd kind of Presbyterian meekness which our Sa­viour doth not commend.

From thence he descends, and shew their Prin­ciples both Anicent and Modern, upon which they build these bloody practises. He tells as Goodman Knox's Companion in his Discourse of Tyranny and Popery, pag. 30. hath these words, All men are bound to see the Laws of God kept, and to suppress and resist Idolatry by force. Nor is it sufficient for Subjects not to obey the wicked Commands of Princes; but they must resist them, and deliver the Children of God out of the hands of their Enemies, as we would deliver a Sheep that is indanger to be devoured by a Wolf. And if the Magistrates refuse to put Mass-mongers and False Preachers (now all Bishops and Church-mini­sters in their esteem are such) to death, the people in seeing it performed, shew that zeal of God which was commended in Phineas.

Hence all Kirk Writers since his Majesties Return, such as Napthali, Jus populi, The Apologetical Narration, The Poor mans Cup, The History of the Indulgence (as he tells us) call the Bishops Apostates, Perjured Prelates, a perjured Fraternity; Traitors to Christ, Enemies to his people, Idolaters, Backsliders. All which is meant of forsaking the Covenant, and Presbyterian Govern­ment, and is the very Language they murthered the Archbishop with; which shews they were not Je­suits but arrant Presbyterians that did the Wicked fact; and my said Author quotes this Passage from Jus Populi, pag. 415. The fact of Phineas was a Laudable Act of justice, and a precedent for Judges and Ma­gistrates in all times coming, and that by his Example any Member of the Council (for Phineas rose from a­mong the Congregation) might lawfully rise up and execute judgment on this wicked Wretch (the Archbishop) and his cursed Fraternity, who have brought by their Apostacy and defection from the Covenant, and cause of God, the wrath of God upon the Land.

For the rest, I shall refer my Reader to that ingeni­ous Author, from whom I had not Transcribed all this, but to prompt others to read him, and to Supply that Defect to them who cannot get that Book.

The news of this Execrable and Barbarous Mur­ther, was soon diffused all over England, and it may be all the rest of Christendom, and entertained by all People who were not poisoned with this Presby­terian Leven, with horror and deterstation. The rest began to qualify and allay it, with ill Characters of the poor man; or to divert it from the right Agents, by laying it one while upon the Jesuits, and another while upon the Tenants of the Arch­bishop.

But they foresaw these things would not do their business, and therefore their friends in London did what they could to instigate an Address against the Duke of Lauderdale, which was the man they most hated and feared of all the world, and who if he were not removed would certainly prosecute and revenge this Murther; now so it fell out, that though not upon their sollicitation, there was an Address Voted the 6th of May, which pass'd the Eighth.

The Address which I think fit to be inserted here was as followeth.

We your Majesties most Loyal and Dutiful Subjects, the Commons in this present Parliament assembled, finding your Majesties Kingdoms involved in eminent Dangers, and great difficulties, by the evil designs, and pernicious Counsels of some, who have been, and are in high places of trust and Authority about your Royal Person: who con­trary to the duty of their places by their Arbitrary and Destructive Counsels, tending to the subversions of the Rights, Liberties, and Properties of your Subjects, and the alteration of the Protestant Religion establisht, have endeavoured to alienate the Hearts of your Loyal Subjects from your Majesty, and your Government. Amongst whom, we have just reason to accuse John Duke of Lauderdale, for a chief Promoter of such Counsels, and more particu­larly for contriving and endeavouring to raise jealousies and misunderstandings between your Majesties Kingdoms of England and Scotland, whereby Hostilities might have ensued, and may arise between both Nations if not pre­vented.

Wherefore we your Majesties Loyal Subjects could not but be sensibly affected with trouble to find such a Person (notwithstanding the repeated Addresses of the last Par­liament) continued in your Counsels at this time, when the affaires of your Kingdom require none to be put into such im­ployments, [Page 63]but such as are men of known abilities, Interest and esteem in the Nation, without all suspition of either mistaking, or betraying the true interest of the Kingdom, and consequently of advising your Majesty ill. We do there­fore most humbly beseech your most sacred Majesty for the taking away the great Jealousies, Dissatisfactions, and Fears amongst your good Subjects, that your Majesty will gratiously be pleased to remove the Duke of Lauderdale from your Majesties Counsels in your Majesties Kingdoms of England and Scotland, and from all offices, imploy­ments and places of trust, and from your Majesties Pre­sence for ever.

This Address they presented to his Majesty the day following, to which his Majesty replyed he would consider of it, and return an Answer.

But in the mean time, it was doubtless sent after the Speech into Scotland, where it found all things ra­ther necessitated to a Rebellion than disposed, the Murther of so illustrious a Person as the Primate of that Kingdom, and one of his Majesties Privy Coun­sel there, was a Villany not to be smothered. And the Proclamation published the day after the fact, for the discovery and apprehending of the Assassines, re­presenting the Act (as it deserved with great detesta­tion) had further allarm'd the whole Party; who had as they thought, no other way to escape the de­served revenge, but by justifying the Murther with a Rebellion. And finding by this Address, that the House of Commons in England were in this critical moment, pressing upon their dreadful Enemy the Duke of Lauderdale, they took it for granted, God had espoused their cause; and if they could make a head in Scotland, they should be seconded out of Eng­land, hoping perhaps to be as well rewarded for this, as they were for beginning the former Rebellion, [Page 64]and so being pushed forward by their destiny and desperation on they went.

On Tuesday, the 27th of May 1679, The Parlia­ment was prorogued; and the Thursday following, which was the 29th of the same month, the Scotch Covenanters who knew nothing of it, began their Rebellion at Ragland in Scotland, to which place a­bout fourscore men well mounted and armed, came and proclaimed the Covenant, and burnt several Acts of Parliament, and affixed this following Declara­tion on the Market Cross.

As the Lord had been pleased still to keep and pre­serve his Interest in the Land, by the Testimony of some faithful Witnesses from the beginning, so in our days some have not been wanting, who through the greatest of Ha­zards, had added their Testimonies to these who have gone before them, by suffering death, Banishment, Torturings, Finings, Forfeitures, imprisonments, &c. Flowing from cruel and perfidious Adversaries to the Church and King­dom of our Lord Jesus Christ in the Land. Therefore we owning the Interest of Christ according to the word of the Lord, and the National and Solemn League and Covenant, desire to add our Testamony to the Testimo­nies of the Worthies that has gone before (though unwor­thy, yet hoping as true Members of the Church of Christ in Scotland) and that against all things that has been done prejudicial to his interest, from the beginning of the work of Reformation in Scotland; especially from the year 1648, to the year 1660, against these following Acts.

1. The Act of Supremacy.

2. The Declaration whereby the Covenants are condemned.

3. The Act for Eversion of the established Go­vernment of the Church, and for establishing Pre­lacy, [Page 65]and for the Outing of Christs Ministers, who could not conform thereto, by an Act Rescissory of all Acts of Parliament and Assemblies for the Establish­ment of the Covernment of the Church of Scotland, according to the Word.

4. As likewise the Act of Council at Glasgow, putting that Act recissory in execution, where at one time, were violently cast out above three hundred Mini­sters, without any Legal procedures.

5. As likewise the Act, appointing a Holy Anni­versary Day to be kept, upon the 29th of May, for giving thanks for the upsetting of an usurping Power, destroying the Interest of the Church in the Land, which is to set up the Creature to be worshipped in the room of our Great Redeemer, and to consent to the assuming of the power that is proper to the Lord alone, for the appointing Ordinances in his Church, as particularly the Government thereof, and the keep­ing of Holy-days, and all other sinful and unlawful Acts Emitted and Executed by them.

And for Confirmation of this our Testimony, we do here­by this day, being the 29th day of May, 1679, Pub­lickly burn them at the Cross of Ragland most Justly; as they perfidiously and Blasphemously had burnt our Holy Covenants, through several Cities of the Covenanted Kingdoms. We judge none will take exception at our not subscribing this our Testimony, being so solemnly gone a­bout; for we are ready always to do it, if judged neces­sary, with all the faithful suffering Brethren in the Land.

They intended to have affixed this Declaration at Glasgow too, but were prevented by the Kings Forces there.

On the Sunday following, they Rendevoused upon [Page 66] London Hill being then. 14, or 1500 men, well armed and in good order, the foot commanded by one Weir, and the Horse by Robert Hamilton, one Patron, Bal­four and Hackston; (these two last being of the num­ber of them that murthered the Arch-bishop, and consequently most concerned to carry the Rebellion as far as they could;) being thus disposed and Order­ed, one Captain Graham of Claver House, marched against them with a troop of Horse, and a Company of Dragoons, upon whose approach, the Rebels sent out two Parties to Skirmish with him, which he beat into their main body; and then they advanced with their whole force upon him: So that after a considerable slaughter of them, and the loss of his Cornet, two Brigadiers, and about eight Horse, and twenty Dragoons (his own horse being killed un­der him, and he mounting another) being so much o­ver-powered in number, he made his retreat towards Glasgow, being in his way forced to fight his way through the Townsmen of Streuin, who were got to­gether to oppose it, leaving ten, or twelve of them dead upon the place.

On Munday the Second day of June, the Rebells in the morning attacked the City of Glasgow, at two se­veral times, but all the Streets were so well Barraca­doed by the Lord Ross, and the Souldiers there put into so good a posture, that they were beat off with considerable loss, besides many Prisoners that were taken, and thereupon the Horse and Dragoons in the Town sallied out, and pursued them upon their drawing off.

In the Interim, the Council of Scotland, having first given an account of this Rebellion to his Ma­jesty, published a Proclamation for the suppression of it; and that failing, Levied what forces they could [Page 67]to oppose them, by which means they were kept to­gether, not daring to part to plunder; and their Number was also kept from increasing as otherwise it might have done. But yet the Council knowing the Rebels could not continue long together, would not fight them till his Majesty should send them or­ders so to do, and a general.

His Majesty and the Council here resolved to send down his Grace the Duke of Monmouth, who had given good proof of his Courage in Flanders, and elsewhere; who undertaking the enterprise against the Rebels, went post into Scotland for that pur­pose.

The Rebels in the interim having possest them­selves of Glasgow, grew insolent at first, and published a Proclamation in these terms.

WE the Officers of the Covenanted Army, do require and command you the Inhabi­tants of the Burgh of Glasgow, to furnish us with Twenty four Carts, and sixty Baggage Hor­ses, for removing our Provision from this Place to our Camp, whereever we shall set down the same, and to abide with us for that end, during our pleasure, under the pain of being reputed our E­nemies, and proceeded against accordingly.

And another thus.

WE the Officers of the Covenanted Army, do require and command the Magistrates of Glasgow, to Extend and Banish forth thereof, all [Page 68]Archbishops, Bishops and Curates, their Wives, Bairns and Servants, and all other families and persons concern'd in the Kings Army, within eight and forty houres, after the Publishing hereof, un­der the Highest pains.

You have seen before what bad Subjects they were, and these two will show what insolent Ma­sters they proved, but their Dominion was not long.

That which first amated them, was the news of the Prorogation of the Parliament in England, up­on which they chiefly depended, and in all probabi­lity had never risen, but that they were forced into a belief, that they were sure on that side: not that I think the Parliament would have been any way serviceable to them, but they were made to believe so in Scotland, where any thing that looked that way, was magnified above its real bigness. But that being gone, and the rest of Scotland continuing quiet, or Arming against them, and their friends in Eden­borough, being kept from joyning with them; they began to suspect the worst, and so fell a little from their first fury, and published this second Declara­tion for their Vindication.

AS it is not unknown to a great part of the World, how happy the Church of Scotland was, whilst they enjoyed the Ordinances of Jesus Christ in purity and power; of which we have been deplorably deprived by the establishment of Prela­lacy: So it is Evident not only to impartial persons, [Page 69]but to professed Enemies, with what unparallel'd pa­tience and constancy the People of God have endured all the Cruelty, Injustice and Oppression that the Will and Malice of Prelates and Malignants could invent and exercise. And being most unwilling to Act any thing which might import opposition to Lawful Authority, or engage the Kingdom in a War, although we have all a­long been groaning under the overturning the work of Reformation, Corruptions of Doctrine, Slighting of Worship, Despising of Ordinances, the changing the Antient Church Discipline and Government, Thrusting out so many of our faithful Ministers from their Char­ges, Confining, streightly Imprisoning, exiling yea and putting to death many of them, and intruding upon their Flocks, a company of insufficient and scandalous persons, and Fining, Confining, Imprisoning, Torturing, Tormenting, Scourging and Stigmatizing poor people, Plundring their Goods, Quartering upon them rude Souldiers, Selling their persons to forreign Plantations, Horning is Out Lawing. There is nothing like intercommuning with us; for if any man hold any correspondency with the offen­der, he is to be adjudged a Rebel of the same guiltiness; all which severities they themselves first set up and practised against o­thers. The Burthen of Issachar. Print­ed 1646. pag. 41, 42. Horning and Intercommuning many of both, whereby great Num­bers in every Corner of the Land, were forced to leave their Dwel­lings, Wives, Children, and Rela­tions, and made to wander as Pil­grims still in hazard of their Lives; none daring to reset, harbour or supply (though starving) or so [Page 70]much as to speak to them, even upon death bed, without making themselves obnoxious to the same punishments, and these things Acted under coulour of Law, in effect tending to banish not only all sense of Religion, but also to extinguish Natural affection, even a­mongst persons of the nearest Relations, and like­wise groaning under the intollerable Yoak of Op­pression in our Civil Interests, our Bodies, Liber­ties and Estates. So that all manner of outrages have been most arbitrarily exercised upon us through a tract of several years past; particularly in the year 1678, by sending among us an Armed Host of Barbarous Savages, contrary to all Laws and Humanity; and by laying on us several Impositions and Taxes, as formerly. So of late by a meeting of Prelimi­ted and Over-awed Members in the Convention of E­states in July 1678, for keeping up of an Armed Force intrusted (as to a great part of it) into the hands of avowed Papists, or favourers of them; by whom sundry Invasions have been made upon us, and most exorbitant abuses, and incredible Insolencies committed against us, and we being continually sought after, while meeting in Houses for divine Worship, Ministers and People frequently apprehended, and most rigorously used; and so being necessitated to at­tend the Lords Ordinances in Fields, in the most de­sart places; and there also often hunted out, and assaulted, to the effusion of our bloud, and killing [Page 71]of some, whereby we were inevitably constrained ei­ther to defend our selves by Arms at these meetings, or to be altogether deprived of the Gospel preached by faithful Ministers, and made absolute Slaves. At one of which Meetings, upon the first of June in­stant, Captain Graham of Claver House, being Warranted by a late Proclamation, to kill whomever he found in Arms, at Field Conventicles, making re­sistance, did furiously assault the people assembled; and further to provoke, did cruelly bind like Beasts, a Minister, with some others, whom he had that very same Morning found in Houses: and several being kill'd on both sides; they knowing certainly, that by Law they behoved (if apprehended) to die; they did stand to their own defence, and continue together; and there after many of our Friends and Country­men being under the same oppression, expecting the same measure, did freely offer their assistance. We therefore thus inevitably, and of absolute Necessity forced to take this last Remedy; (the Magistrates having shut the Door by a Law against application, that what ever our Grievances be, either in things Civil or Sacred, we have not the Priviledge of a Supplicant) do judg our selves bound to declare, That these with many other Horrid Grievances in Church and State (which we purpose to Manifest hereafter) are the true Causes of this our lawful and innocent self-defence. And we do most solemnly in the [Page 72]presence of Almighty God the Searcher of all hearts, declare, That the true reasons of our continuing in Arms, candidly and sincerely are these.

1. The defending and securing of the true Pro­testant Religion, and Presbyterian Government; founded upon the word of God, and summarily com­prehended in our Confessions of faith, and Catechisms, and Established by the Laws of this Land. To which Kings, Nobles, and People, are solemnly sworn and engaged in our National and Solemn League and Covenant; and more particularly, the defending and maintaining the Kingly Authority of our Lord Jesus Christ over his Church, against all sinful Supremacy derogatory thereto, and encroach­ing thereupon.

2. The preserving and defending the Kings Ma­jesty, his Person and Authority, in preservation and defence of that true Religion, and Liberties of the Kingdom, that the World may bear Witness with our Consciences, of our Loyalty; and that we have no thoughts or intention to diminish his just Power and Greatness.

3. The Obtaining of a free and Unlimited Par­liament, and a free General Assembly, in Order to the Redressing or foresaid Grievauces for pre­venting the eminent danger of Popery, and Ex­tirpating of Prelacy from amongst us.

This therefore being the cause we appear for, and resolve in Gods great Name to own, They are much more honest and in­genuous than our Dissenters, for that they speak frankly and freely what they mean to do; which the other de­ny in words, and prosecute in deeds as much as the Scots, as far as they durst. thereby Homologating all the Testimonies of faithful Suf­ferers for the truth in Scotland these eighteen years by gone. We humbly request the Kings Majesty would restore all things as he found them, when God brought him home to his Crown and Kingdoms; and if that cannot be obtained, then we heartily and humbly invite, intreat, beseech and obtest in the Bowels of Jesus Christ, all who are under the same That is the Obligation of the Covenant. Bonds with us, to occur in the Defence of this Countrey, Cause and Interest. And that they will not stand still and see not only us oppressed, but this foresaid cause ruined; Adversaries highly and proudly insult against God, and all good Friends of the truth discouraged. Yea, the Protestant Cause in Britain and Ireland, and even your selves with­in a little time made a Prey of, or else forced when we are Broken (which the good Lord prevent) dreadfully to wrong your Consciences. Finally, be­cause we desire no mans hurt or blood, We request our Countrey men, now the standing Forces of this Kingdom, some of them being our Friends and Kinsmen, not to fight against us; least in so doing, they be found fighting against the Lord; whose cause and quarrel we are sure he will own and sig­nally [Page 74]countenance, seeing we fight under his Ban­ner, who is the Lord of Hosts.

I have taken the pains to transcribe this Long De­claration, not for any delight I take in it, but be­cause it is an undeniable instance and demonstration, that the Kirk-men in Scotland did then intend to have renewed that War again that formerly brought this Nation to the very brink of Ruine, and was the means of the Barbarous Murther of his Majesties Father, of the Banishment of our King and his Bro­thers and Sisters for twelve years; of the expence of 48 Millions of Money and Plate, and of the loss of one hundred thousand Lives by Fire, Sword and Famine: All which calamities were begun and car­ried on by these very men first in Scotland, by the incouragement of some factious men of our own Nation, and afterwards here in England, upon the same pretences. As any man may remember that is but fifty years old, and the rest may see by compa­ring this Declaration with those that were made then; and therefore I cannot but admire the Pro­vidence of God in preventing this Presbyterian Plot, by a Prorogation in the very nick of time, without which this Rebellion would in all likely-hood have had much countenance from some in England, who encouraged it Underhand, upon pretences of Coun­tenance from above, how groundless soever; nor had it ended as it did, and where it did, if they had got the first battel, or but been able to have kept the Field.

But for the benefit of my Country Reader, who is not acquainted with the affairs of Scotland, let me observe two or three things for the better understand­ing of this Grand Cheat, and without which this dole­ful [Page 75]Story may leave great impressions of pity upon the mind of an English-man, which these bloudy Re­bels of all the world do not deserve.

The Reader then shall be pleased to understand, that besides this Rebellion; there was a former one at Pentland Hills, where these Covenanteers fought the Kings Forces in ranged Battel in 1666, and in many of their Field Conventicles, there was weekly Meetings of Hundreds and Thousands of Armed men formed into Troops and Companies, ready upon all occasions of probable capacity to fight against the King, for the King in Sion. And in 1676, they ap­peared so numerous, that the Privy Council of Scot­land advised his Majesty to send English Forces to lie in readiness upon the Borders, and to order Viscount Granard to lie with an Army on the Irish Coasts, ready to be transported upon occasion; and like­wise upon the Motion of the Marquess of Athol, to procure the Lords of the Highlands a Commission to march with their Vassals under the Command of his Majesties Major General into the West, which descent of the Highlanders is mentioned in the De­claration, and Aggravated beyond truth or reason, by stilling them Barbarians; which those that knew these men aver they were not, (but behaved them­selves very civilly) to prevent the Field Conventicles from running together into a general Rebellion; as they did this May. But to come to particulars, they had a Field fast near Iedburgh in Tiveotdale toward the latter end of March 1678, where there were present 7 Preachers and 5000 people (the men be­ing armed) to seek God for three things. 1. That he would be pleased to put an end to the persecution of his people in that Kingdom. 2ly, That he would have [Page 76]mercy on all those that took the wicked Bond, (that was not to suffer any Conventicles on their Lands) and give them grace to repent. 3ly, That he would bless with success those Noble Lords that were gone to London ( to complain of the Duke of Lauderdale, and who procured the first Address against him, though to no purpose.) There was another in the March, the May follow­ing, where were assembled eight or 9000 People to receive the Sacrament, and renew the solemn League and Covenant, of which the Privy Council gave his Majesty an account. And another near Dumbar shortly after, where they fell upon the Kings forces of the Basse, that went out to dismiss them; and killed one of the Souldiers, and wounded more. Finally, my Author who is a learned Gentleman, saith, if he should go on to enumerate all the Field Meet­ings, till that great one, which began the Rebellion this May, he might write a History. [The Spirit of Popery, speaking out of the Mouths of Phanatical Protestants; or the last Speeches of John Kid and John King, &c. pag. 11.

The matter of fact being thus stated, the Reader need not wonder they were severely treated, when they suffered the pains of Treason and Rebellion; but besides those, they had committed a vast number of Massacres and Assassinations before they murthered the Primate, and this aggravated their sufferings. Now all the cunning of this Declaration lies in this, that they tell us what they suffered; and perhaps tru­ly, but not a tittle of the case. Which is just as if all the Rogues in the Nation, should joyn and pen a complaint, ennumerating how many of them, since his Majesties Return, have been Hanged, Quar­tered, Whipped, Branded, Transported, Pillored, [Page 77]Imprisoned, which never meant any hurt to his Ma­jesty or the Government, but only to get a Living the best and easiest way they could. Now to one that is as little vers'd in our ways of Punishment as we are in the Scotch, it would seem a rueful Story; whilest an English man would smile, as knowing why they suffered all these hardships. I need not apply it, but shall add this, they have deserved ten times more then they have felt, as being the bloudiest Cut-throats in the world. So that in Scotland no man dare to of­fend them openly for fear of assassination, but such as either must by the necessity of their places, or else have good means of defending their Lives a­gainst them.

Next I observe this Declaration is nothing but a large flourish upon the Speech, and drawn just at that loose general rate which that is, calling those Taxes and Punishments Arbitrary, which they ac­knowledg were according to several Acts of Parlia­ment; and then pretending the persons that do con­stitute their Parliaments or States, are overawed. But then I must commend their ingenuity in this, that they do not (with the Commons of England) lay the blame of all this upon the Duke of Lauderdale, or their Ministers, but upon the total change of their Government and State both Sacred and Civil, and upon the Parliament of Scotland and the King; whom they supplicate with menaces to restore him into the same State he found them in; without which they were sensible, the removing of the Duke of Lauder­dale, or any other of the great Ministers of State would signify nothing as to their Designs: which was as they plainly tell us, to set up the Presbyterian Doctrine and Church Government, to serve the King in nothing else, any further then he would serve them [Page 78]in that. And lastly to obtain a free and unlimited Parliament and Assembly, that is such as it might not be in his Majesties power to dissolve or frustrate by prorogation; till they had extirpated Popery and Prelacy both together, which was freely and round­ly to tell us what they would have, without cant­ing and amusing us with general terms and hints, but then I must not deny they had swords by their sides to justify these demands, which our Gentlemen want, and I wish ever may do; but yet the Reader may observe that Speech that was so hugged in Eng­land, and the Scotch Declaration meant the same thing, though in different terms.

Observe also, that they call the Presbyterian Do­ctrine and Government, the Religion established; though they own it to be taken away by a rescissory Act of Parliament; for they believe all those Acts that have or shall be made against it, are Null and Void, and the former Acts are still in force though repealed: which is an odd sort of Establish­ment, consisting in the fancy of the people that own it, and not in Law or Nature.

They lay the stress of their Justification upon ne­cessity, and yet own the greatest part of it to arise from hence; that they must be deprived of the Gos­pel preached by the faithful Ministers, and be made Slaves, if they did not rebel. Now as to their civil interest, they would be in the same State with their Country men, who are so far from rebelling, that they have several times chastised them for it, with a very little assistance from England. And as to their Preachments, I wonder in what part of the Gos­pel they learned to defend Christs Religion by re­bellion; [Page 79]but we must know this is pure Scotch, Cal­vinistical, Jesuitical Doctrine, begun by the Devil and his Vicar the Pope, not many hundred years a­go: and for which Bellarmine acknowledges, there is neither Precept nor Example in the Bible, nor in all Church History till near a thousand years after our Saviour's time; and he gives this reason why the Gospel taught patience and submission, because the contrary would have ruined Christianity then, when but a few professed it, but tells us St. Paul would have taught otherwise if he had lived in our days. I shall not dispute how the Cardinal or the Scotch Gentlemen (who talk at the same rate) came to know this, but I say, it is equally destructive of a­ny other Doctrine a man hath no mind to practise; as of this of submission to Princes, and suffering patiently for the truth without resistance. As sup­pose I have a mind to revenge, and they tell me of the Doctrine of meekness, and forgiving injuries and Enemies; if I reply, this Doctrine was adopted to the Infant state of Christianity, when Professors were few, and exposed to persecution, and could have got nothing by revenging their quarrels but ruine; but the state of things is otherwise now, and I may revenge my self with security both as to my self, and as to my Religion; and from thence infer that that Doctrine is ceased, and I am at liberty to do in that particular as I see cause; and that St. Paul would have taught so if he had lived in these times, I say if I should argue thus upon their principles, it could never be answered; and a man might say as much for any other Gospel precept, he had no mind to obey.

But to return. The Covenanters in their first De­claration, date the rise of all their troubles from the year 1648, and that is true and worth a Note. You must know Charles the first had given them by the pacification all that they asked, and the long Re­bel Parliament had sent them home loaden with thanks, Money and the spoils of England before our wars began A View of the late Troubles. cap. 18., but things going ill on the Parlia­ment side, after the King had routed Waller in the West, and almost totally subdued the North by the valour of the E. of Newcastle; the Parliament ha­ving no other way to turn them, were forced to call in the Scots once more with Money and Pro­mises, yea and Oaths too, to settle the Presbyterian Church Government here in England. These two things prevailing upon them, in they came, and that ruined the King and his Party, who at last surrendring himself to the Scots, they dutifully sold him to the Parliament for 300000 lb. as all the World knows; but the Chapmen fell out, and In­dependency prevailing at the same time in England, on it went with the same force, and ruined the poor Kirk of Scotland, and made this Covenanting Nation, the veriest Slaves in the world; and ever since, Presbytery there as well as in England have been in a feeble state: and they were opprest in their civil Interests, Liberties and Freedoms, and made such Slaves by a standing Army of English, and two Forts which his Majesty hath since demolished, that a Scot in those days durst not have walked (as I have been told) with a Cudgel in his hand, and Parliament, general Assembly, or any other Conven­tion, they were never to have more, nor any other Address but what they got by most humble Supplica­tion, only they had no Bishops, so that if his Majesty should [Page 81]restore all things as he found them, when God brought him home to his Crown and Kingdoms, the Scots would have no reason to thank him for the favour.

But in the interim, I wonder they can reflect thus upon the time, when their calamities began, which was the very year they sold his Majesties Father into the hands of his Enemies, who basely murthered him; and not be confounded with horror and shame at the Villany they then did; nor yet reflect upon the Justice of God which hath pursued them ever since through all the changes that have happened, and having first made their dear Covenanting Brethren of England to begin the Chastisement of them, hath gone on from time to time, to baffle all their at­tempts to recover their Lost Estate; and they have reason to believe he will do so, till the opinions and persons of that schismatical Confederacy be rooted out of the World.

And here let our English Dissenters too be pleased to remember, they have done worse then the Scots; for they murthered that Prince which the Scots on­ly sold, and by how much they have smarted less then the Scots, so much the more is behind, and the Justice of God will not be restrained by the Act of Indemnity, but he will certainly recom­pense them according to their deserts, with so much the greater severity, because they have abu­sed the Lenity of his Anointed and his long-suffe­rance.

I shall add but one word more, and then see the Catastrophe of these Rebells; and that is an hum­ble Request to the Loyal Scots, that they would [Page 82]not take this amiss, for I heartily applaud their fi­delity to his Majesty, and acknowledge they de­serve to partake of his Royal bounty and Prince­ly favour equally with the English; and I wish them all that prosperity and happiness they can de­sire: for they are no otherwise concerned in the Co­venanters, then the Church of England men are in the evil Actions of the English Dissenters.

The 20th of June, the Duke of Monmouth who went Post into Scotland for that Service, went to the Army which the Council of Scotland had pre­pared for him, which lay then at a place called Blackburn, where he viewed and muster'd all the Forces, and put all things in a readiness to en­camp, the next day he marched with his Army to Moorhead, and the day following to Bothwell bridge. Where the Enemy lay about eight Miles distant from his second Camp.

The place where they then were, was called Ha­milton Park, and was well chosen, if it had or could have been well defended; for there was no passage to it but over Bothwell bridge, which they had well lined with Musqueteers, and Barricadoed with Stones, Cart Wheels, and the like.

The Dukes Army marched in great silence and Order, and had been upon the Rebels before they had taken the Allarm; but that their foremost Guards discovered them by the light of their Matches. And so they put themselves into a posture of De­fence.

The Duke found the Rebels in two Bodies, half a Mile one from the other; the foremost Party which was the weakest in Number, lay near the Bridge, the other near their Camp, as high as the liitle Park; where they stood in their Orders and Ranks.

Major Oglethorp, posted himself upon the first ap­proach near the Bridge, with the Dragoons, and the rest of the Dukes Army drew up, upon a Hill fronting Hamilton Park, about a mile from the Bridge; the River being between the two Ar­mies.

As soon as the Duke came to Major Oglethrop's Post, there came out to him from the Rebels, one David Haine, and another of their Preachers, who presented to his Grace, the Declaration I have reci­ted, Printed, and a Petition signed by Robert Hamil­ton their General, in the name of the Covenanted Army then in Arms; in which they prayed that the Terms of their Declaration might be made good, and that a safe Conduct might be granted to some of their Number, to address themselves to his Grace in this Matter.

To which the Duke replyed, that he would not treat with them upon their Declaration, the terms of which were contrary to the Fundamental Laws of the Land, and such as he would not, nor could grant; as in­deed they were too high to have been offered after a Victory; much more in the first approaches of a General, with a better though smaller Army then theirs. But then he told them, that if they would lay down their Armes, he would receive them into the [Page 84]Kings mercy. And with this Answer the two Preach­ers went back, desiring some time to consider; which the Duke granted them.

About half an hour after, the Rebels sent a Paper by a Drummer, representing that they were in­formed that his Grace came from England, with terms to be offered to them, and they desired to know what he had to propose, that they might advise whether the Terms were such as they could accept of.

Whether this were so or no, it was very impru­dent in them, to send this Message before they had excused themselves in relation his first demands; and besides, this was a mighty slight to the Gene­ral to demand an account of his private In­structions by a Drummer with a Paper; when as it had been fitter to have sent two or three of the best Gentlemen in their Army to have asked this favour, with all the Courtship imaginable; though their Forces had been much stronger then they were. For this indeed was it that made them thus insolent, their Preachers had doubtless informed them, that the Dukes Army was less then theirs; as it is said it was. And hence they concluded very igno­rantly, they might ask what they pleased, and have it.

The Duke was not idle all this while, but had ordered his Cannon to be brought down from the Body of the Army, and Planted near the Bridge, and with them he had Drawn down some part of his Horse and Foot, whilst they were treating, and took no notice of what he did, or at least did not [Page 85]oppose it, so they were every moment in a worse condition and he was in a worse condition, and he in a better.

So that being netled with this contempt of theirs, he sent away their Drummer with this answer, that since they had not satisfied him, but rather trifled, he would receive no more messages from them. And to shew them he was in Earnest, whatever they were, com­manded his Cannon to fire; which it no sooner did, but the Rebels who were drawn up on the other side upon a rising ground near the Bridge, threw themselves upon the ground to avoid the shot. But those that were placed upon the Bridge, fired at first pretty briskly, but after five or six Cannon shot they ran away, those on the rising ground beginning first; as they were a sort of tumultuous people fitter to begin then carry on a War.

The Dukes men immediately seized the Bridge, and threw into the River their Barracadoes; where they took the only piece of Cannon they had, of which they had made no use; and then followed them up the Hill: but their Number being very small, the Rebels rallied, and faced them, but had not the courage to come down upon them. So the Dukes Party returned back again to the Bridge, and one shot of Cannon more, made the Rebels flie to their main Body, where they stood again. By which, one may see here was neither courage nor conduct in these men or their Commanders.

In the mean time, the General passed the Army o­ver the Bridge, and drew it up upon the rising ground which took some time, and at last a little be­fore they were quite in Order, the Rebels advan­ced upon the Army in very good order; but espying [Page 86]the Cannon in the head of the Dukes Army, they immediately shifted their Order and opened in the middle, thinking it seems they were obliged to shoot streight forward, but the Cannon being turn'd upon them as they then stood, and discharged three or four times, they began to run again; their Commander Robert Hamilton being one of the first; and the Dukes Dragoons and the Highlanders Advancing upon them in this Confusion, it was a perfect Rout, and they fled all ways; the Dukes men pursuing them. In this Skirmish there were killed 7, or 800, and Eleven or 1200 taken Prisoners. The Horse were wholly bro­ken, and those of the Foot that escaped, fled immedi­ately to the Wood in Hamilton Park; where the only care was to secure them from flying. To which pur­pose his Grace drew up his Forces, and surrounded the Park, and sent Collonel Duglas with a detacht Party to ferret them out of the Wood. Of the Dukes Party few men were lost.

The next day, the Duke sent out several Parties to pursue those that were fled; marching him­self with the Army to a Village within two miles of Streuine; and the twenty fourth of June, sent all the prisoners which were said to be 11, or 1200, up­der the Guard of two Militia-Regiments, and Cap­tain Strathan's Troop of Dragoons to Edenborough; the Magistrates of which place, undertook to secure them with the Town Guards; and accordingly put them into an inclosure with high Walls round it, at the Back of the Gray Fryers Church.

The next day, the Duke returned to Edenborough, to consult with the Lords of the Council how to dis­pose of the Heretors and Militia-Regiments that had [Page 87]served his Majesty on that occasion against the Re­bels, as also of those that were then on their march from the several Shires; seeing there was then no need of their further Service. Which affair being ordered, together with such other as he thought most necessary, he took Post-Horses, and returned to London.

Thus ended the Scotch Rebellion, with the Com­mon fate of such ill grounded enterprises; it made them weaker and more hated, and strengthened and confirmed the lawful Authority of his Majesty; it being the nature of the Vulgar to loath and despise the Innocent when unfortunate; much more Rebels and Traitors.

But then these Zealots like their Predecessors who ruined the Jews, and Josephus informs us, by their cruelty and furious bloody devotion, had bespoke the detestation of all sober men; not only by their bar­barous assassination of the Primate, which was the occasion of this Rebellion, but also by their insolence and unaccountable rage and madness during the short time it lasted. Of which I will give a few instan­ces.

They Barbarously treated the dead Body of one Graham an Officer, The Spirit of Popery. pag. 47. whom they killed at that Conven­ticle which began the Rebellion upon the account of his Name only. They committed insufferable Inso­lences in the Houses of the Regular Ministers and Loyal Gentlemen as they marched along the Coun­trey to Glasgow, Stabbing, Cutting, and Gashing his Majesties Picture wheresoever they found it; parti­cularly in the House of the Laird of Hagges, execu­ting [Page 88]that Treason they had entertained in their hearts upon his Effigies, because his Royal Person was out of their reach; foolishly at once betraying and dis­appointing their disloyal designs. They behaved them­selves barbarously in the house of the Archbishop of Glasgow, where they burnt his Books, cut in pieces his best Hangings and Furniture, and almost killed a Gentlewoman with blows, who was left to keep the House, only for saying these words; Gentlemen, I hope you'l remember that you are in the Archbishops House. They sacrilegiously entered the Cathedral of Glasgow, and finding a Tomb-stone over the Two Chil­dren of the Bishop of Arguile with an Inscription of a Modern date. They digged up their Bodies, run them through with their Swords, and left them lying above the ground.

And even after they were beaten, An Account of the Vido­ry; Printed at London. one of the Kings Souldiers, going into a Countrey house belonging to one of these Covenanters for a little Meal, as he stooped down to take it out of a Chest, was by the Master of the House stabbed through the Back, for which unmanly Murther, he was immediately appre­hended, and shot to death. Which (as the Author saith) shews the cruel and merciless disposition of that sort of people.

To which if you add the two insolent Proclama­tions I have mentioned already; it will be no won­der the City of Edenborough received the news of their defeat with the greatest joy imaginable; there being nothing to be heard there, but joyful acclamations, Ringing of Bells, and Roaring of Cannons from the Castle, and good store of Bonfires besides, all men dreading to fall into the hands of such Godly [Page 89]Villains, and therefore rejoycing at their Ruine.

The Conclusion.

And now my dear Country men, if you will but be pleased to reflect seriously and impartially upon what I have written with great pains for your infor­mation; I doubt not but you will conclude with me; that as never any Prince treated a People with more Candour and Lenity then his Majesty did upon this juncture, so there were some that made very unsui­table returns to his goodness; and plainly discover­ed that the peace of the Kingdom, was not so truly aimed at by some of them, as it was intended by him. Notwithstanding their loud pretences of preserving and settling the Protestant Religion, which is inse­parably annexed to, and bound up in the other.

How far they imploy'd their time in the great con­cerns of the Nation, how far their Proceedings were calm and peaceable, and how far they tended to the curbing of the motions of those unruly Spirits which did endeavour to disturb them, I shall leave also to your and their serious thoughts.

I have all along followed the Printed Journal of this Session of Parliament, transcribing for the most part the very words; except they were too long, and then abbreviating them with all the fidelity ima­ginable: but when all is done, I advise you to read the Original too.

If I seem too sharp in any of my reflections, I de­sire you would consider that it is impossible for flesh and bloud to be unconcerned, when a mans Prince, his Religion, his Liberty, Estate, and life is at the Stake; and all in danger to be ruined by the knavery of some, and the folly of others.

I have not catched at all opportunities to make them neither; but have left scope enough to my Rea­der to add his own, where I have spared mine, which he may do with more safety then I can.

And lastly being sensible of the infirmities of mor­tality in general, and of my own in particular; I submit my self intirely to wiser men, having had no other design in this, then to preserve the Protestant Religion by Law established, and the Civil Govern­ment, as much as in me lieth, by shewing how they have been endangered by others besides the Papists, which will appear more fully also, if any occasion shall present it self, of speaking further upon this Subject hereafter.

FINIS.
The THIRD and LAST P …

The THIRD and LAST Part OF THE ADDRESS TO THE FREE-MEN AND FREE-HOLDERS OF THE NATION.

By the same Author.

LONDON, Printed for George Wells, at the Sun in St. Paul's Church-Yard, 1683.

To all the Loyal Persons in the Nation, who Addressed to His MAJESTY to Thank Him for His late Gracious DECLARATION.

GENTLEMEN,

THis and the two former Parts of this Work were all written at once, tho they have hap­pened since to be published at several times, and were occasioned by those many Generous and most Loyal Demonstrations you every day then gave of your Attachment to His Majesties Interest, and the Esta­blished Government both in Church and State; for the truth is, till I saw you rise up so generally, and de­clare so heartily what your intentions were, I durst not think of opposing that Torrent, that then seemed to bear down all that stood before it, and threatned the rooting up of the Monarchy.

But when you came forth, and with a Loyalty and Courage becoming English-Men, tell your So­veraign however you have of late been represented to him and the World, you were resolved to maintain His Royal Authority, the Church and the Government, [Page ii]and the Lawful Succession too, in the State they were now Legally setled, against all opposition whatsoever, and to that purpose freely and sincerely offer him your Lives and Fortunes to Command when necessity should require; I then saw there were more Thousands then I thought of that were resolved never to bow the Knee to the schismatical Calves either at Dan or Bethel; or submit to another Hogan Mogan Common-wealth; and then I perceived that my former fears, how just soever they might seem before, were yet too great, for there were (or at least might be) more for us then a­gainst us.

But then when I considered your quality, and the places you enjoyed in the Government, I raised my hopes yet higher, and I concluded a people who had such Loyal, such Religious, such Free and Generous Persons intrusted with the Government of them, could hardly miscarry in the end, tho for a time popular Storms might toss them.

I thought also that God himself had again re­spected his beloved Daughter the Church of Eng­land; for which I was before more concern'd then for my self: and that he had declared himself the se­cond time for the Family of his Servant the Illustrious Royal Martyr; For I could not ascribe so universal and unusual Concurrence of Men of different Humors, Educations, and degrees to any other cause then the [Page iii]Divine Providence inspiring them with a Spirit of Unity, Loyalty, and Resolution.

Yet observing that there was a considerable number of Freemen and Freeholders in the Nation to whom Heaven had not yet vouchsafed that favour, who went wrong out of Ignorance and incogitancy rather then Faction or Disloyalty, and being an idle person, I thought I could not possibly better imploy a part of my time, then in Addressing to them, to reduce and inform them, and as much as in me lay to render them like you; and also to confirm such as might possibly yet stagger if another Temptation should befall them.

So that Gentlemen, is was from your example, I took Courage to Write, and for your sakes Chiefly have I since ventured to publish what I have written, that I may in some sort justify your Numerous Ad­dresses, and therefore I humbly beg your leave to Dedicate the whole Work to you who indeed first gave it life.

It may possibly seem strange to some of you to find an Epistle Dedicatory in the end, Eusebius puts the Dedication of his Eccle­siastical Histo­ry in the be­ginning of the tenth and last Book of it. as it were of a Work; but the thing hath been done before, and the truth is, I would not venture at a Dedication till I did see whether it would be received in the World, and now it is, I am sorry I have nothing better to present you with whose Names deserve to be Registred to all succeeding Ages, and your Encomium writ­ten [Page iv]by the most Elegant Pen the Christian World affords.

But Gentlemen, it is not my design to Create a high opinion of you, in your selves, but to excite you to go on and perfect the good Work you have be­gan, for that is the thing the Factious please them­selves in, viz. That however you seem now, when time shall be, you will unsay all again, and joyn with them as heartily as any other against the Church and State, and this they have published in print; and that I may not seem to slander them, I will Transcribe the very words of one of them.

No applications of this Nature to the reg­nant person are to be esteemed of any great Weight or Significancy; An Impartial Account of the Nature and Tendency of the late Ad­dresses, Sect. 2. if you do but consi­der the result of the many Addresses Three and Twenty years ago to Richard Cromwell, and how they only served to render him se­cure till he was undermined and supplanted, for all the Sixteen Hundred Thousand that vowed to live and dye by him, not so much as one man drew a Sword for him when he came to be laid aside. I acknowledg that there is great difference betwixt an Usurper and a lawful Prince, (he might have added also, and betwixt a parcel of men that had sworn and for­sworn themselves as often as occasion required, and [Page v]betrayed thereby all parties one after another, and such Addressors as these who applyed themselves to their lawful and rightful Soveraign to whom they were true when his 1600000 Rebelled, first against their Na­tural Prince, and when they had prevailed against him by Perjury and Violence, they made use of them one a­gainst another, till at length they ruined themselves too) Yet that (as he goes on) detracts very little in the present Case from the Impor­tance of the Consideration which I have sug­gested, seeing the least that we are to gather from it is this, that no Addresses contrary to the Interest and general Humour of the Na­tion (which he supposeth these were) are to be accounted of any value for a Prince to su­stain himself upon. And if there be nothing else to secure our late Addressors to his Maje­sty (which he grants there is, they being his Na­tural Subjects, and ever Loyal to him) but their promises and protestations in these papers, he may be as much disappointed, should he trust to them, as the former Gentleman after the like Security. Thus far my Author, but he ought to have considered, Richard was turn'd out by the Army against whom these Addressors could not have protected him if they would, which added to the former of the temper of the different Addressors to [Page vi]the several Parties, and their very distant or ra­ther opposite positions, which he takes notice of, the one being an Usurper, and the other a lawful Prince, will make the two cases so totally unlike; that no consequence can be drawn from the one to the other, much less that bold one, that because Richard was laid aside without any resistance made by the Addres­sers, therefore none is to be expected from these.

But the truth is, tho you be never so sincere, yet you may be overpowred by force, and then all your pro­testations in these Papers will have no other effect then to betray you to ruine when ever these Godly Richar­dians can get the mastery over you; to prevent which it is absolutely necessary to back your said Loyal Decla­rations with effectual supplies when necessity requires, and in the Interim to take all the care imaginable to win off as many as you can of the Freemen and Free­holders of the Nation from siding with such men as my Author, in the next Election of Parliament-Men: and because I could do little more, I writ these three small discourses for that end, and how meanly soever I have performed my part in it, I beg your acceptance of my good intentions, and that you would in your several Stations promote this Work which is so absolutely ne­cessary, by more effectual means.

Amongst which I am persuaded none would succeed better then an Universal Execution of the Laws against [Page vii]the Dissenters, Especially those against Conventi­cles, for these are the Seed-places where factions are nursed up till they may be strong enough to graple with and overturn the Government of Church and State, and to this end the Oxford Act would be more subservient in Corporations, then that of the 22d of his now Majesties Reign. For if the Teachers were once removed out of these places, tho but to a distance of Five Miles, they would not so easily poyson the small Freemen with Rebellious principles; and those that they have already seduced would in time become more tractable.

One other means I would recommend to you, is the Communicating the Loyal discourses that are every day printed to your Neighbours, which is done much more usually by the Dissenters by the other sort, so that you shall sometimes find a Seditious Libel to have passed through so many hands, that it is at last scarce Legible for durt and sweat; whilst the Loyal answer stands in a Gentlemans Study as clean and as neat as it came from the Press. But if the meaner sort of men might but hear both the Parties, the Advantage the Govern­ment gives to the Loyal side, added to the strength of their Reasons, would certainly in time turn the Scale that way; and then they would be zealous too for the Government, when their Reasons and Consciences were once convinced that their Interest and Duty lay there.

And another is, the keeping (as much as is possible) of Factious men out of all places of Trust, Power, or Profit; which when they have once gained, they constantly imploy these private advantages to the pub­lick dammage. Had this been duely Attended upon his Majesties Return, and practised ever since, we had not been in the danger we now are of being ruined the se­cond time by them: but alas, they had plundred the Nation for 20 years together, and the Act of Indem­nity made all this Ill-gotten wealth their own, and with it they purchased the far greatest part of the pla­ces of profit, whilst the poor Caviliers were excluded because they had nothing to give; and the rich be­cause it was a shame to take any thing of them. And thus the Factious with the spoils of the Royal Party put themselves once more into a Capacity to ruin the Government, and having thus got much more wealth then they had before, they procured a great part of the places of Trust and Authority to be put into their hands too, and many Loyal persons turn'd Whigs in re­venge and out of discontent.

But that which of all other things would the most speedily and effectually secure the Nation from a re­laps into misery and confusion, is a surrender of the Charters of the Corporations into his Majesties hands, and the taking out of new ones with such restrictions as he and his Council thinks fit. Nor can I imagine [Page ix]why this should be scrupled, it being the onely way that can secure them long in that Vast and dispropor­tionable Priviledg they now have of sending up Bur­gesses to the Parliament, which as they had it at first from the Crown, so it was in danger to have been lost when the Government fell into O. C's. Hands; and will go near to be lost in the Next Rebellion, and therefore it befits them, of all men, to Secure the King's Authority, which is the foundation of theirs.

Gentlemen,

You may perhaps not thank me for thus offering my Advice before it was asked; The impartial account of the Nature and Tendancy of the Addresses. but if you please to reflect Seriously upon what I have said, and also upon the In­dignities the Author of the Pamphlet I mentioned have Cast upon you, it will soon appear reasonable to do all that is in your power to preserve your Selves out of the hands of such insolent men. And this is not to be done by Addressing to the King onely, (tho that was well done too) but by addressing your selves to root out Faction by all the Lawful Means God in his Provi­dence shall afford you: and if you be once resolved on this, no mans Counsel will be refused in a business of that Consequence, that it Needs the United Hands and Heads of the whole Nation to effect it.

But that I may obtain your belief the better in re­lation to what concerns the Author I just now mention­ed, [Page x]I will transcribe some Passages out of him, Section the 7th, he tells us, The Number of the Sub­scribers (to the Addresses) is not to so Conside­rable as to bear any proportion to those who are against them; for tho' a few busie peo­ple have made a great noise and buz in seve­ral places of the Kingdom, yet all of them put together, make not so great a Number as we have seen not long since to one Peti­tion for a Parliament. Now doubtless this his Neglect and Scorn of your Paucity and Few­ness, (as he words it) as it proceeds from hence, that you were for the most part the Governors, or at least the Freemen or Freeholders that Addressed, when the Rabble and their Children Petitioned, so it is intended to provoke his Mirmidons to fall upon you, and teach you more respect to his Leviathan The Multitude.

This he prosecutes further, Section the 8th, where he tells us, Tho' the Clergy and many of the present Commissioners both Civil and Military, and the Magistrates of several of the Corporations had not onely Interested themselves in Countenancing the Addresses, but been Sticklers for them as for the Great Charter or the Petition of Right, and some of them had been Knighted meerly for that [Page xi]Service, (as he Contemptuously calls it) yet could not all this prevail with or bring over any great or valuable Number to joyn in them. The truth is, it was early days then, but I believe the Gentleman had enough at last, and it is no won­der that men of the quality he reckons up, should not be Numerous.

Yet Section 9th, he tells us, Your quality was as Inconsiderable as your Number, being such as for want of Years (their Party are always of Age if they can but tell their Names) or Poverty were never Capable of Giving a Vote in Election of Members to Sit in Parliament, and (a few excepted) the rest made up of the Scum and Refuse of the Places where they live. Were all his Petitioners Worshipful Gentlemen, Learned States-men and Lawyers, or Sound Divines, &c. tho the Order was, Care should be taken the Subscribers should be numerous, tho they were nei­ther Gentlemen, nor so much as Freemen? But he goes on, Norwich, whence we have been alaramed with the greatest Noise, yields but a small Number of persons either of Estate or Usefulness, whose hands were Annexed to the Paper which was sent up. Yet this small number of Poor, Useles? people, were the Governors [Page xii]and Common Councel of one of the Richest as well as Loyallest Cities of the Nation.

Section the 10th he saith, That your Moral Conditions were agreeable to your Civil, men Popishly inclined. Abhorrers of Peti­tions, or guilty of one or other offence which the late Parliaments were about calling them to an Account for: the rest were little Bankrupt Tradesmen, Scandalous and dis­graced Attorneys: men whose folly made them pragmatical and impertinent, or whose prodigality and ambition forced them to look for preferment above their merit. So that did but his Majesty know, (and Value the Judgment of the Petitioners) he would esteem it a reflection upon his Honour, and an Asper­sion upon the Wisdom and the Equity of his Proceedings, to be either Approached or Thanked by them. Yet this is a little more modest, than for a parcel of such men to come forth and tell him against his Declared By Two Proclama­tions, one of the 11th day of De­cemb. 1679. for Proroguing the Parliament till the 11th of Novemb. following. And the other Published the 12th day of Decemb. 1679. against These Tumultuous Petitions, as contrary to the Common and Known Laws of the Land: and tending to promote Discontents amongst the People, and to raise Sedi­tion and Rebellion, &c. Resolution, That it was necessary to suffer the Parliament to Sit presently: for this was to Teach him. And you may [Page xiii]from this Character perceive what Treatment you must Expect from these Gentlemen if ever they get an Advantage against you.

Section the 11th he tells us, Your Politicks were equal with your Morals; for can any man believe (saith he) that the Mayors, Head­boroughs, Aldermen, Bailiffs, Burgesses and Freemen of Ripon, Wigan, Windsor, Chatham, Hazelmeere, New-Sarum, &c. are Competent Judges what the late House of Commons did legally or illegally? &c. Yet this is not al­together so difficult, as 'tis to tell when it is fit a Parliament should Sit, and when it is not fit, because this depends on certain known and fixed Rules, which the other doth not, but is to be judged by the present state of Forraign and Domestick Affairs; things that are known to few men. Then he goes on and tells us, The Learned Gentlemen of the Gown were at least as well qualified to give their sence and opinion about these matters, as Country Mercers, Inn-Keepers, Taylors and Thatch­ers (You must know, the London Tradesmen are next Neighbours to his Learned Gown-men, and so are Excepted by the Addition of the word Country.) And yet he tells us, Those refused to meddle with Addresses, &c. But, Sir, did any of them [Page xiv]Sign your Petitions, I pray! if they did not, to use your own words a little varied, 20000 hands, to your Petitions, will not make that impression on the Minds of Modest thinking men, as their being Cast out too by the Benchers and Barristers of the Inns of Court will.

He Concludes, Sect. 22. with this Threat, That as you must Expect that the judgment which you have passed upon persons and things, will at one time or another come under a review; So matters which have either been misrepre­sented by you, or in reference to which Par­liaments (you know which he means) have been Arraigned, may before then, come to be so well understood by his Majesty, and all things so well Adjusted between Him and his People, that you (the Addressers) may nei­ther find your selves able to decline, nor be in a condition to Control the Jurisdiction of the next Parliament, to which, he saith, he shall at present leave you. And you may be sure he expects it will be such an One as the Last were, and then he thinks he shall not need to wish you a worse punishment.

At this Insolent rate you have been treated in Print, and what can follow but the Utmost Revenge this [Page xv]worst sort of Men can inflict upon you, if ever they get you again under their power. I have read, That in the end of the last War there was a Motion made at a Council of War, for a general Massacre of all the principal Malignants, as they then stiled the King's Party, and that it was Carried in the Negative by a few Votes; and Considering the Rage, Malice and Dispair of these men to accomplish their Trayterous Designs of Subverting the Government any other way, now the Kingdom hath taken the Alarm, and not only Addressed, but Abhorred their Association too, it is but reasonable to Expect it will not be again over­ruled if Ever they be in a Capacity to put it to the Vote the Second time: which God prevent.

My Intentions were to have ended this Epistle here, it being but too long already; but there is one Passage in this Pamphlet I judge absolutely necessary to be Considered, the words are These; Sect. 2. Tho men are to be esteemed capable of knowing their own Wants, Fears and Dangers, and ought to be justified in begging those means of Re­lief and Redress which the Law hath provi­ded for them; yet every one is not to be accounted Sufficiently qualified to Deter­mine concerning the Reasonableness and Legality of Parliamentary Proceedings and [Page xvi]Resolves; nor is any Number of Men what­soever Impowred to Umpire differences be­tween his Majesty and his Great Council. This is the pretence that justified the last War, and as long as it stands for a Maxime at this loose rate it is here pen'd, will justifie Ten thousand one after an­other; and therefore it cannot but be worth a small parcel of your time to Enquire and Consider how much truth or falsehood there is in it.

And in the first place it cannot be denyed, but that every man ought to have the Liberty to propose his own personal Wants, Fears and Dangers to his Supe­riors, and to be allowed thereupon to beg such Redress as the Law hath provided: but then to infer from hence, that he hath an Equal right or ability to Consi­der of the Publick and National Wants, Fears and Dangers, and to beg the Enacting of New Laws, or the Repeal of Old Laws, for the removing of them: or, which is all one, the Calling, or Sitting, the Con­tinuance, or Changing, of Parliaments to that purpose, is so gross a delusion, so full of Danger, and doth so immediately tend to Sedition and Rebellion, Especially if Multitudes of Factious men may be allowed to pre­tend what Fears, Wants and Dangers, they please, and then in a Tumultuary way to beg what Redress they think fit, by Petitions signed by 40, 50, or 60 [Page xvii]thousand men at a time, that it was prohibited by an Act of Parliament upon Experience of the Mischief it hath done, 13 Car. 2. cap. 5. and the foresight of what it will do as often as it is used, it being destructive to any Government whatsoever.

As to the Second Proposition, It is to be acknow­ledged, That every one is not to be accounted Suffi­ciently qualified to Determine concerning the Reason­ableness and Legality of Parliamentary Proceedings and Resolves; But then 'tis not fit to infer from thence, First, That no man is so qualified; nor Se­condly, That it is impossible but that all their Proceed­ings should be Legal and Reasonable. Nor Thirdly, That any man ought to approve of, and submit to them, whether they be so or no. For tho it is most certain, there are but few men are so qualified; yet it is as Certain, that some men even amongst the Addressers were, if many Years Sitting in Parliament will qua­lifie a person of great abilities for it: And it is no less certain, That of 1640, 1649, 1653, 1656. in none of which, Ex­cept the first, was there any Royal Writ at all. Lord Chan­cell. Speech, May the 8th, 1661. That the Proceedings of Two or Three Par­liaments within the Memory of Man, have been not onely Unreasonable and Illegal, but Trayterous and Rebellious; and we are not sure but that we may have more such, if God be not the Mercifuller to us: and if any such should happen to be, and we should joyn with them, tho but out of a Modest Opinion that we are not sufficiently qualified to Determine concerning [Page xviii]the Legality and Reasonableness of Parliamen­tary Proceedings and Resolves; yet it would nei­ther Excuse the Guilt, nor prevent the Punishment that is due by Law to them who shall Rebel against the King, tho in Obedience to a Parliament.

To the Third, That no Number of Men what­soever is Impowred to Umpire betwixt his Majesty and his Great Council; may be answer­ed, That there is an ambiguity in the word Umpire, and it may be taken not only different, but contrary wayes, and therefore it ought not to have been used in this place.

And Secondly, That if any difference should hap­pen to arise betwixt him and them, we ought not to re­sist the King, nor to assist his Great Council against him with Force and Arms, tho the King should be in the Wrong, and they in the Right; for that is Deter­mined in Parliament already. 13 Car. 2. cap. 6.

Thirdly, It is true, That no Number of men what­soever have any authority to hear and determine their Differences in a Judicial way, so as to compel them to submit to their judgment; for then that Number of men should be Superior both to King and Barliament; but all this notwithstanding seeing the House of Com­mons Appealed to the People by Printing their Votes, &c. and the King by publishing his Gracious Decla­ration, why might not the Addressers, so far ap­prove [Page xix]of His Majesties Proceedings, as to Thank Him for the Satisfaction he had given them, and to promise him to stand by him with their Lives and For­tunes, which they were bound to do however.

Fourthly, It may be answered, That besides the Differences betwixt the King and the Commons, and the Lords and Commons, there were some Differences betwixt the Commons and some of them that Addressed afterwards; they had Imprisoned several Gentlemen and other Subjects which they conceived then (as per­haps they do still) were Illegal and unreasonable Pro­ceedings, and they were as capable of Knowing their want of Protection, and as sensible of the Dangers, and Fears of further Oppression as other men, and therefore they ought to have been Justified if they had begged those means of Relief and Redress which the Law had provided for them; but yet they Pa­tiently and Silently Expected the Issue till GOD put it into His Mejesties Royal Breast (in whose hands are the Hearts of Kings) to declare these their Proceedings ARBITRARY; and might they not then rise up and Thank their Soveraign for the Favour he had shown them? It is hard to conceive upon this Man's principles they might not have Petitioned His Majesty for Relief and Redress before this time, but yet no man did it.

And in Relation to the Differences betwixt His [Page xx]Majesty and the Commons, and the Upper and the Lower House, what necessity is there that the Addres­sers should approve of them; for tho the Commons were their Representatives and Trustees, the King is their Soveraign, and the Lords are not Aliens and Foreigners, but the Two highest States of this our Native Country: and altho the Addressers pretend no Authority over that Supreme Court of Jurisdiction, yet what reason is there why they may not approve of what the Lords have done well, tho the Commons will not?

Upon the whole therefore I crave Leave to Con­clude, That the Addressors in General have done nothing but what may be fairly Justified, and was ne­cessary to Satisfie his Majesty and the World, that there was a Considerable Part of the Nation did not approve of what was done in the Names of the whole by the Commons in Parliament: and if it be the Duty of eve­ry English man to fight for his King, if occasion re­quire, against any Party that ever shall hereafter pre­tend to have the Authority of both or either of the Hou­ses to back them, 13 Car. 2. cap. 6. as I humbly conceive is most plain, then why may not they right his Majesty with their Pens, who must do it with their Swords; why may they not Approve his Cause as well as Defend it?

And if this be not allowed, Any King of En­gland may be Deposed and Murthered as the [Page xxi] late King was; for if there be a Blind Obe­dience due to all the Votes of Parliament, 13 Car. 2. cap. 1. §. 2. and no man may in any Case judge them Illegal and Unrea­sonable; then must all men absolutely Submit to them, and obey them; and the Consequence is, if any future Parliament shall Vote any future King, or or Monarchy it self a Grievance to the Nation, and those that stand by them Enemies to the Kingdom, if no man may Contradict such a Vote, nor any Number of Men how great soever Umpire betwixt the King and his Great Council; that is, Defend him against his Parliament, the effect will Certainly follow; and as this is the natural Tendance of these Principles as we saw in the Late Troubles, so I can conceive no other cause why they should be now again insinuated into the Heads of the Rabble.

For these Men who pretend to reverence the Three Last Parliaments at such a Prodigious rate, The late Long Par­liament tho filled with Danby his Pensioners, The Modest Vindication of the Two last Parlia­ments, p. 11. do tra­duce that which went immediately before most abomin­ably; and those who are so tender of the Votes of these, care as little for the Established Lawes of the former, as I do for the Decrees of the Council of Trent, or of the Synod of Dort: So that it is plain, it is not respect to Parliaments as Parliaments, that makes them thus obsequious; but as made up of such a Sort of men, and Driving on such Designs and Interests.

To return then, Gentlemen, from this long Digres­sion, which I have inserted only to Justifie You, I will Conclude, That as you have begun bravely, so you must go thro with the business, or Expect a Revenge from the Opposite Party equal to their Rage; and tho I Know you do not fear them, yet I would Advise you not to be too Secure of them, but let your Vigilance, Industry, and Application to all Sorts of Men, be equal to theirs at least; and then it is Ten thousand to one, you shall never try either theirs or your own Valour, and as your Case is better, so let it inspire you with more Resolution to Stand and Fall with it; and his Most hearty Prayers for a good Success upon all your Loyal Undertakings and Designs, shall never be want­ing, who is

Your most Devoted Servant.

THE Third Part OF THE ADDRESS TO THE FREE-MEN and FREE-HOLDERS OF THE NATION.

HIS Majesty by the Blessing of GOD having Supprest the short Scotch Re­bellion, which in great part miscarried by the timeing of it, tho no human fore-sight on their part could have prevented that, His Majesty first Proroguing and then Dissolving that Parliament which seem'd to be the occasion of it, with [Page 2]such Secrecy and Quickness, that their Friends at Lon­don could give them no previous Notice of his Inten­tions so to do: So that besides the total disappointing them of all that Countenance, Ayd and Assistance they promised themselves from England, many of their Friends at home, whose Crimes being less, had not the same ne­cessity, or whose Zeal was not of that fiery temper with theirs, and therefore were prudently resolved (tho they wished well to the design) yet not to hazard their sweet Lives and Fortunes in it till they saw what Success these first Venturers had, who hearing of the Prorogation of the Parliament, and being doubtless admonished by their London Friends at the same time not to stir during this short Recess, (as they then thought it would be) layd by all thoughts of Joyning with them and Augmenting their Numbers, and the Privy Councils in both Nations attending solely to that business, it was Extinguished almost as easily as it began.

Upon which His Majesty by his Royal Proclamation Dissolved this Parliament, and Issued out Writs for an­other to Sit at Westminster the Seventeenth day of Octo­ber, 1679. Hoping his Subjects duly reflecting upon the Miscarriages of the Last House of Commons, and the Danger the Nation had so narrowly escaped of Being involved in another destructive Intestine War, at a time when the Victorious Arms of France hung like a dread­ful Cloud over our heads, and the High Discontents of the Popish Party, which were inflamed and inraged both by the Discovery and Prosecutions of the late Plot, lay broyling in the Bowels of the Nation, would proceed with more Prudence and Caution in the Next Elections, and send Him up men of Better Tempers, or that at least these Gentlemen by that Act, seeing He was resolved to keep the Reins in his own hands, and to let them Sir [Page 3]or Dissolve them according as they behaved themselves, would thereby be kept in better awe for the future, and make use of a little more calmness in their Proceedings, if it were but to continue their Being.

But alas, His Majesty soon found himself deceived in his Expectation, the common people who see with other mens eyes, and follow as they are led, and that is for the most part, the wrong way, were easily perswaded to believe in the first place that this Parliament was Pro­rogued and Dissolved onely to prevent the Tryal of the Popish Lords in the Tower; tho the Not Trying of them was one of the greatest Causes that Moved his Majesty to it, as appears plainly both by the Journals of both the Houses, and his Majesties Speech in the Conclusion of that Session of Parliament; and altho these Five Lords were brought to the Bar, and the Commons summon'd to give in Evidence against them that very day that they were Prorogued, they refused to do it.

And on the other side, the Malecontents rejoyced greatly in it, being well assured that the same Men would be chosen again, and so made use of this Disso­lution as a means to incense the People against the King and the Government, and to increase the real or pre­tended fears of Men by their Loud Clamours against French Pensioners, Popery, Arbitrary Government, and the like, which both in discourse and Print (the Press being now at Liberty from its former restraint) they objected with equal Confidence and Falshood against the Loyal Gentlemen that had opposed them.

But besides these general Charges, they made special use of two things that fell out in the last Parliament, and that had a mighty influence upon the Minds of the populace and other Unthinking men. The first of which was to represent all those Gentlemen of the [Page 4]House of Commons who had Voted against the Bill for Excluding his Royal Highness the Duke of York, as Papists, or at least Popishly affected; and for my part, I believe it was the principal Motive of bringing in that Bill: for it is scarce possible but that they must see, af­ter that Second Declaration that his Majesty made in that very Session concerning the Succession: and the House of Lords refusing to joyn with them in the first of these Votes that introduced that Bill, that they should never be able to get it pass into an Act, but then they might easily foresee however it would be a powerful means of inciting the People against all that should op­pose it, and prevail with them to pass a Sentence upon them as Popishly affected at least, if not down-right Arrant Papists; and herein they had great part of their design, and there was no Motive more frequently used than this, and for the most part it was driven a little higher and urged against his Majesty too, as by the bye, thus, What, will you give your Voice for—who is a Papist, and Voted for the Duke of York in the last Par­liament, who is an Arrant Papist, and the King is little better. Which words were actually spoken by one of that Party, and Sworn upon him at his Majesty's Suit, and for which the party was Fined Five hundred Marks in the Kings-Bench. And by this Sole Argument they prevailed to Exclude almost all those Gentlemen, and to fill up their places with men of their own principles, and traduced his Majesty, the Court, and all the Mini­sters of State, and almost all the Gentry and Loyal Clergy too for endeavouring to have these men chosen again.

The Second Thing that they made great advantage of, was the pretended discovery of Sir S. Fox of the Pension­ers in the Long Loyal Parliament; which discovery being [Page 5]hastily made, and No Record of it being entred, they took the Confidence to Add to it whomsoever they were pleased to have so thought, by the small Free-men and Free-holders, and that was a Number it may be double and treble to that Sir S. mentioned; however I am sure that the Written Lists that were then spread abroad, and which were all of Equal Authority, or pre­tended to be so, did not agree, some having more Names than other, and I am well assured that some Persons Named were not Pensioners, nor could be so; and there­fore I believe Sir S. never said they were; but they were added by the Transcribers, according to their private In­terests or Passions, but they made the People believe they knew who would be Pensioners too, which was somewhat difficult, and led the diffidence to that height, as to Exclude, as far as they could possibly, not onely all the Courtiers and other Persons who had any Places of Profit and Advantage under his Majesty, but their Relations too; and Wanted not much that they had Excluded all those who bore any honorary Imploy­ments or Offices, such as Deputy-Lieutenants and Justi­ces of the Peace. So that nothing now recommended a man so effectually for a Parliament-man, as that he had not been thought fit to be trusted in the least by his Majesty or their Neighbour Gentry; or having been so, had been turned out: all which were applauded as Men not to be bought, Enemies to the Court, and Mi­nisters, and therefore true Friends to the Protestant Re­ligion and the Country. All which tended (as they said) to the Advancement of his Majesties Service, and to the increasing the Love of the People towards him and the Government, and he was a hard-hearted man who called the Sincerity of their Loyal intentions in que­stion.

These two being added to all the Ill ways they had made use of in the former Election, no wonder if his Majesty was not Satisfied with the Returns, when he faw by them what men he was to meet in his next House of Commons. Whereupon his Majesty Pro­rogued them at the day of their meeting till a further time, and so kept them from meeting to Sit till the 21th. of October, 1680. And now let us see how they behaved themselves in this Interval. Wherein I shall desire the Reader's Excuse if I do not relate things in that precise order they fell out, it being nothing mate­rial to my purpose.

His Majesties Intentions of Proroguing the Parlia­ment from time to time, so as not to permit a Session till the time he had designed, which was a Year, being once known, the great Contrivers of all our Disturban­ces, who met, and ordered all things in Clubbs and close Cabals, fell into the greatest Passion imaginable, they had carried things to that height, out of design to force the King to Dissolve that Parliament, or yield more than he could either spare or recall; but then they had made their count he could not continue long without another Parliament, and the quick choyce, and the tem­per of the Men generally Returned was, Appeal from the Country to the City. as they gave out in their Pamphlets, according to their hearts desire: But then if they might be dissolved or prorogued when ever they came to Redress the Grievances of the People, that is, when ever his Majesty pleased to think it Expe­dient, and especially for so long a time, the heat the People were then in might cool, other thoughts might arise, the fears of an immediate Execution of the Plot upon them, might appear (as they knew they were) vain and salse. His Majesty might Recover his Estima­tion with his People, and shew he was able to Subsist [Page 7]without present Supplies from a Parliament; and which grieved them most of all, he might in this time Root up the Reliques of the Scotch Rebellion in such man­ner, that no assistance would afterwards be to be had from those Northern Brethren, what need soever they might have of them; which is as good as confest by the Author of the Appeal to the City.

To prevent these and several other dreadful Conse­quences of this Nature, they cast their heads what course they should take, the way of Pamphlets was slow and uncertain, and they had almost Cloyed the Appetite of the Nation with that Crude sort of Rebellious and Dis­loyal Discourses, which served rather for the divertise­ment to Idle men, then gave them any great Advantage, at least for the present; and they had need, in this af­fair, of some very quick and powerful Expedient, that might work upward upon the King, and downward upon the People.

Neither could they then bethink themselves of any better remedy than to revive the old way of Tumultu­ous Petitions, signed by all sorts of people, and that in vast Numbers. The first of which sort, as I believe, An. 1603. C. His. Book 9. Pag. 7. was the Mille manus Petition Presented to King James; Tho as Fuller acquaints us, there was onely 750 But after this the Author saith other Petitions were set a foot about the same time for Abolishing Episcopacy, and setting up Presbytery; To which no Hand that had five Fingers, was Refused; and that George Lord Goring, then a Boy, set his hand to one of them, in the right (I believe) of his Mother, a good Lady much Addicted to that Party. Fuller. Ib. pag. 24. Preachers hands set to it, and those Collected out of 25. Counties. Yet afterwards, Especially in the beginning of the Last Rebellion, when they had any great Design to bring about, which they had reason to expect would be oppo­sed; [Page 8]Next to bringing great Numbers of mean and tu­multuous people down to White-Hall and Westminster-Hall, with rude and loud Clamours to Say over again what they had first inspired into them: This I now mention of Sending into the City of London, and the Remoter Corporations and Counties, of Petitions, Com­plaints, Remonstrances and Declarations to the King, or both or either Houses of Parliament, 13 Car. 2. cap. 5. for alteration of Matters established by Law, redress of Pretended Grie­vances in Church or State, or other publick Concern­ments was one special means they often made use of, and that with great Success, These Petitions, as the Learned Dr. Hammond tells us, Vind. of the Liturgy, Sect. 28. cap. 2. Short View of the late Troubles, p. 83, pro 81. were for the most part framed and put into the Peoples hands even in set prescribed forms, and then committed to certain Confiding men, who carried them to the places appointed, and there solicited as ma­ny as they could possibly to Sign the same, not regard­ing so much the Quality as the Number of the Subscri­bers, who for the most part were mean Mechanicks, Il­literate ignorant Countrymen, Servants, Apprentices, Journeymen and Children; which Petitions they after delivered with great Numbers of People to the King or Parliament, and were designed by them that then set them afoot, not so much to perswade or intreat, as to terrifie and compel, every Petitioner being as it were Listed to force, if he could not otherwise obtain his de­sire. And accordingly this way was made use of, when either the King or the Major part of either House would not be drawn otherwise to Comply with these Repub­licans; Short View of the Late Troubles, pag. 85, 86. 89. 234. and afterwards when they came to be imployed against them, or to cross their humours or Interests, they discountenanced them as much as they could; tho all this would have been too little, if they had not made use of Arms against these bold Suiters, the Apprentices [Page 9]of London, July the 26. 1647. shutting up the Com­mons Doors, and Compelling them to yield the City the Ordering of their own Militia; and also to pass a Vote, Ibid. 248. Ib. 282, 283. That the King should be admitted to come to Lon­don to Treat; which tho it were sufficiently revenged, yet when afterwards Essex and May 26, 48. Surrey Petitioned a­gain for a Peace in that manner, they sent the Guards to beat them away; whereupon divers were wounded, and some slain. And as to the Kentish-men, who by their Grand Jury about the same time had framed a Petition for Peace in the Name of the whole Shire, they by the Committee for that County prohibited the same, by a Printed Paper published in all the Churches, Brand­ing it to be SEDITIOUS and TUMULTUOUS, and saying, that They would hang up two in every Parish, that were promoters of it, and Sequester the rest. Which was to declare themselves Abhorrers with a Vengeance.

Yet this Unruly Engine was the only tool our Sober Protestants could at this time think powerful enough to Compel his Majesty to recede from his declared Re­solution, and permit the Parliament to Sit forthwith; and the method they used was precisely the same that had been imployed against his Majesty's Father of Bles­sed Memory, viz. these Petitions were drawn by their Clubbs and Cabals in London: or some say onely tran­scribed from an Old 41. Copy, and then sent down by trusty men who had five shillings per Centum, for pro­curing hands, and The In­structions were, That it mattered not tho they were neither Gentlemen nor Free-holders, but that they (the Procu­rers of Subscriptions) should get as many Hands as they could. that of all Sorts and Ages, Degrees and Qualities; not caring who they were, so the Num­ber was great: And I have been told this Story from [Page 10]Credible hands, One of these Procurers coming to a Godly Weaver in Essex to get his hand to the Petition, bethought himself that the Weaver had a Boy to his Son, and asked if he would not Subscribe too? Yes, replyed the Weaver, if he were at home, but he is now gone with a Cow to a Neighbour's Bull. That is nothing, said the Pe­tition-Monger, I can set his hand. Which he accord­ingly presently did, and made the poor Boy become an humble Supplicant to the King, when he thought of no­thing less. But I must confess they varied in one thing from the Old method; for they did not present them as heretofore by the hands of great Multitudes of the Pe­titioners, but sent them by some few persons of the bet­ter sort, which was a Civility was not so much paid to his Majesty, as his Guards, who might have endangered these Gentlemen Orators Skulls, if they had made as bold with the Son, as their Predecessors did with the Unarmed Father.

For my part, when I reflect seriously on this Strata­gem, I cannot perswade my self they had any great hope to prevail upon the King by it; who too well remembred what ill Consequences had followed this way of proceeding in the Reign of his Father, to Coun­tenance it in his own, by granting any thing that was so asked. And therefore I conceive the Cunningest of them had these further ends in it: First, to Engage men by these Subscriptions to be more fast to them, and their designs. Secondly, To Try whether the People might be brought to Tumult if they had occasion for it. Thirdly, To incense them the more against the Government if these Petitions were denyed, by repre­senting it as a personal injury to them, every man be­ing Naturally more fond of his own than anothers Counsel. Fourthly, to shew the Number and Strength [Page 11]of their Adherents. Fifthly, To make them known each to other, to which end the Odd Phrases, Whining Tones, Devout shruggs of old, and the Green Ribbans of late, were taken up also.

But whatever the design was, his Majesty having the Authority of a Statute on his side wisely provided in better times, had the Address to disappoint this Project; 13 Cor. 2. c. 5. as also by the Judg­ment of all the Judges, 2 Jacobi. First, by a Proclamation, which prohibited this Practise. Exer­cise as Illegal and Tumultuous, and tending to Sedi­tion and Rebellion. Secondly, by discountenancing and sharply reprehending those that were so silly as to present them. Thirdly, by encouraging another Sort of persons who upon better grounds were as ready to detest and abhor them in a more Regular and Legal way; and these being for the most part men of Autho­rity in their Country, so quelled this many-headed Hy­dra, that the triple Cordial of a Commons Vote have not been able since to Revive it: And so I shall take my leave of it, till I come to those Votes and the proceedings upon them.

In the Interim, I desire my dear Countrymen, they would reflect Seriously upon what is here said, and re­member what fruits they reaped of this pernicious seed the last time they were prompted by this Sort of men to the use of it, and how they Treated the Surrey and Ken­tish men for using it to a purpose for which it was never designed, the procuring PEACE.

His Majesty therefore Prorogued the Parliament from the 17th of October, to the 26 of January, and then meeting them in Person and making a Gracious Speech to them, Prorogued them to the 15th of April, and then to the 17th of May, and from thence to the First of July, and so on to the 22d. of the same, and thence to the 23d. of August, and from thence to the 21. of Octo­ber, [Page 12]1679. when he declared they should finally Sit according to his former Resolution; which the Petitions had more confirmed him in.

In the Interim several things hapned worth the taking Notice of, as giving us some Light into the Designs of the Common-wealth Party and the Temper of the Dis­senters, by which we may Judge what we shall meet with at their hands if ever they prevail again.

The first I will Instance in was their Treatment of the London Apprentices. Some of them had been busy in Burning the Pope, and after that had been drawn in to Sign the Petition; but finding they had disobliged others by it, L'Estrange's Narr. of the Plot, pag. 15. 4 to. to give some Satisfaction, they gave Notice in Print, That they would burn the Rump the 29th of May following; and this was taken for such an affront, by the Young Gentlemen of that Old Family of Rumpers, that presently all the Prentices were made Traytors, Conspirators, most of them said to be Papists, for which several of them were Imprisoned, and it was much grief of heart to the Merciful Rumpers too, that they were not Hanged; and one of them, with great regret, told the following Parliament, That he thought Cap. Tom. was at Tangier, Exact Col­lection of De­bated. p. 112. who should have headed the Apprentices Mutiny in London; and if (saith the Gentleman) I be not Mis-informed, is a Captain too for that intended Eminent Service. A Sad Story if it was true, and there was no mis-information in the case some where or other: but this was onely meant for a Kind Reflection on the Go­vernment, which is grown of late strangely in Love with Mutinies, and doubtless made Capt. Tom, a Cap­tain there not onely to reward him for his Eminent In­tended Service in London, but to put him into a Capa­city of promoting a Tumult or Mutiny there too. Up­on [Page 13]this Occasion I am shrewdly tempted to remember some of the 41. Tumults and Mutinies in behalf of the Rump; but because they were not Popish but Puritan Mutinies, and for the Service of the Common-wealth of England, I will forbear it: Onely I will give the World a Caution not to be mightily Surprized, if afterwards the Late Addressing Apprentices be clawed away for Pa­pists and Mutineers too, If there be not too many of them.

In the beginning of May, his Majesty had two or three Fits of an Ague, which went off again without any great hazard to his Life; yet this occasioned some consider­able Events. In one of the Fits there was some tamper­ing among his back-Friends for the Proclaiming his Grace the D. of M. King, in case his Majesty should die of that Sickness.

About that time, that there was a Pamphlet Printed to make out a Title for him too, pretending to some Strange Discoveries to be made of a Black Box, that should do the D. much Kindness; but tho his Majesty and the Privy-Council took all the Care imaginable to discover the Author of this Black Box-discourse, it could not be found: And to prevent the Ill Effects of such Rumors for the future, his Majesty Published a Declaration the 2 d. of June, 1679. which tho it hath been already printed, and is Long, yet because it may be very hard to pro­duce it some Years hence, I will take the pains to Insert it here, from the Gazette of the 7th of June, 1680.

CHARLES R.

WE cannot but take Notice of the great Industry and Malice wherewith some men of a Seditious and Restless Spirit, do spread abroad a most False and Scandalous Report of A Marriage or Contract of Marriage, supposed to be had and made between Ʋs and one Mrs. Walters, alias Barlow, now Deceased, Mother of the present Duke of Monmouth, aiming thereby to fill the Minds of Our Loving Subjects with Doubts and Fears, and if possible to divide them into Parties and Factions, and as much as in them lies, to bring into question the Clear Ʋndoubted Right of Our True and Lawful Heirs and Suc­cessors to the Crown. We have therefore thought Our Self Obliged to Let our Loving Subjects see what steps We (cut of Our Care of them and their Posterity) have already made, in order to Obviate the Ill Consequences that so dan­gerous and Malicious a Report may have in Future Times upon the Peace of Our Kingdoms.

In January Last was Twelvemonth, We made a Declara­tion written with Our Own Hand in the Words fol­lowing.

THere being a False and Malicious Report Industriously spread abroad by Some, Who are Neither Friends to Me nor the Duke of Monmouth, as if I should have been Either Contracted or Married to his Mother: and though I am most Confident that this Idle Story, cannot have any Effect in this Age, Yet I thought it my Duty in relation to the true Succession of this Crown, and that fu­ture Ages may not have any pretence to give disturbance upon that Score or any other of this Nature, to declare, as [Page 15]I do here declare in the presence of Almighty God, That I was never Married, nor gave any Contract to any Woman whatsoever, but to My Wife Queen Catherine, to whom I am now Married. In Witness whereof I have set My Hand at White-Hall the Sixth of January 1679.

This Declaration I made in the Presence of
  • CHARLES R.
  • W. Cant.
  • H. Finch, C.
  • H. Coventry,
  • J. Williamson.

To strengthen which Declaration, We did in March fol­lowing (which was March last was Twelve-month) make a more Publick Declaration in Our Privy Council, written likewise with Our Own Hand; and having caused a true Transcript thereof to be Entred in Our Council Books, We Signed it, and caused the Lords of Our Privy Council then attending Ʋs in Council, to Subscribe the same likewise; and We Ordered the Original to be kept in the Council Chest, where it Now remains. The Entry whereof in the Council Book is in these words following,

At the Court at White-Hall, March 3 d. 1679.

Present

The KING'S Most Excellent Majesty.

  • Lord Chancellor,
  • Lord Treasurer,
  • Duke of Lauderdale,
  • Marquess of Worcester,
  • Earl of Ossory,
  • Lord Chamberlain,
  • Earl of Sunderland,
  • Earl of Clarendon,
  • Earl of Essex,
  • Ear of Bathe,
  • Earl of Craven,
  • Earl of Aylesbury,
  • Lord Bishop of London,
  • Lord Bishop of Durham,
  • Lord Maynard,
  • Mr. Vice-Chamberlain,

His Majesty was this day pleased to Command that the Declaration hereafter following be Entered in the Council-Book, it being all Written and Signed by his Majesty's Own Hand, in a Paper which his Majesty this day delivered at the Board, to be Kept in the Council Chest, viz.

FOR the avoiding of Any dispute which may happen in time to come concerning the Succession of the Crown, I do hereby Declare in the Presence of Almighty God, That I Never gave nor made any Contract of Marriage, nor was Married to any Woman whatsoever, but to My pre­sent Wife Queen Catherine now Living.

White-Hall the Third day of March, 1679.
CHARLES R.

His Majesty Commanded us who were present at the ma­king and Signing this Declaration, to attest the same.

  • Finch, C.
  • Danby,
  • Lauderdale,
  • Worcester,
  • Ossory,
  • Arlington,
  • Sunderland,
  • Clarendon,
  • Essex,
  • Bathe,
  • Craven,
  • Aylesbury,
  • H. London,
  • N. Durham,
  • W. Maynard,
  • G. Carteret.

In April Last We found the same Rumour not only Re­vived again, but also Improved with New Additions, to wit, It was given out, That there was a Writing yet Ex­tant, and lately produced before several Persons, whereby the said Marriage or Contract at least, (for the Report was Various) would appear, and that there are several Lords and others yet Living, who were pretended to have been pre­sent at the said Marriage. We Knew full well that it was Impossible that any thing of this should be true, (there be­ing Nothing more Groundless and False then that there was [Page 17]any such Marriage or Contract between Ʋs and he said Mrs. Walters alias Barlow) Yet We proceeded to call be­fore Ʋs, and caused to be Interrogated in the Council such Lords and other persons as the Common Rumour did Sur­mise to have been present at the pretended Marriage, or to Know something of it, or of the said Writing. And Though it appeared to all Our Council upon the Hearing of the said Lords and other persons severally Interrogated, and upon their denying to have been present at any such Marriage, or to Know any thing of it or of any such Wri­ting, That the Raising and Spreading of such a Report so incoherent in the several parts of it, was the Effect of deep Malice in some few, and of Loose and Idle discourse in others, Yet, We think it Requisite at this time, to make Our Declarations above recited more Publick; and to Order the Same (as We do hereby with the Advice of Our Privy Council) to be forthwith Printed and Published. And We do again upon this Occasion call Almighty God to Wit­ness, and Declare upon the Faith of a Christian, and the Word of a King, That there was never any Marriage, or Contract of Marriage had or made between Ʋs and the said Mrs. Walters alias Barlow, the Duke of Monmouth's Mo­ther, or between Ʋs and any Woman whatsoever, Our Royal Confort Queen Catherine, that now is, Excepted.

And We do hereby Strictly Require and Command all Our Subjects whatsoever, That they presume not to Ʋtter or Publish any thing contrary to the Tenor of this Our De­claration, at their Peril, and upon pain of being proceeded against according to the Ʋtmost Severity and Rigour of the Law.

Given at our Court at White-Hall the Second day of June, in the Two and thirtieth Year of Our Reign.

On the 15th of the same Month of June, Mr. Attor­ney General by his Majesties Command, moved in the Court of Chancery, That these Declarations might be Enrolled and made a Record of that Court, for the pre­servation of them; and in order thereunto, the Rords, and others of his Majesties Privy Council, who were present when his Majesty made and Signed those Decla­rations, (and were Now in Court) being desired to At­test the same: They did it upon their Oaths; as did likewise the Clerks of the Council; and then it was Ordered, That the said Declarations should be enrolled accordingly.

And when about this time his Majesty had sent the Duke of Monmouth to reside for some time beyond the Seas, that he might not be made a Stale to these Mens ill designs, they wrought so much upon him, that he returned without his Majesties Leave, and all his Places which were of great Value as well as Trust, Power, and Honour, were taken from him.

In the Last Parliament at Westminster, the 10th day of January, 1680. The Commons past these Votes.

Resolved, That it is the Opinion of this House, That James Duke of Monmouth hath been Removed from his Offices and Commands, by the Influence of the Duke of York.

Ordered, That an humble Application be made to His Majesty from this House, by such Members thereof, as are of his Majesties Most Honourable Privy Council, to desire his Majesty to Restore the said James Duke of Monmouth to his said Offices and Commands.

Now let it be Considered, That there was not the [Page 19]least regard had to the Duke of Monmouth or his Inte­rest, till this day, in all that Session of Parliament; and now when it was said they should be Prorogued, and all the reason in the world to believe that a Dissolution would follow, the last day in probability they were to Sit, his Majesty being also disoblig'd by the Votes about the Revenue; so that it could not be Expected that al­most any thing could be granted; and when they could not Hope to see any effect of it, they passed these two Votes. For what might be expected from it, let his Grace the Duke of Monmouth, and all the World Judge.

I have heard some men insinuate, that the Duke of Monmouth was sent into Scotland, (tho there was no need of him) that by that Defeat of the Dissenters, he might be rendered odious to their Partisans here in England, and so be turned out of all his Places, and No man Con­cern himself for him; he having, as they would insinuate, no Friends in England but they.

To which I answer, That it ought to be Considered, that on the one Side his Majesty, who is the Father of the Duke, appears, whom all the World (his worst Ene­mies not Excepted) acknowledg to be a Prince of a God­like Goodness and Clemency to his very Enemies; and on the other Side a Company of Men who have given large Demonstrations that they are Enemies to Monar­chy it self; and therefore not likely to be over-kind to any of the Royal Family, but for ill Ends, and such as the Duke hath no reason to promote, if he did perfectly Understand them.

Now let any man reflect upon this, and then pro­nounce as his Reason shall direct him, whether his Ma­jesty, or the Anti-Court Party were likeliest to design [Page 20]the Ruine of the Duke; that is, A Kind Father, or an Enraged and disobliged Enemy: To say here, as they commonly do, That his Majesty was imposed upon by Crafty men, contrary to his Natural Goodness, to Con­sent to the Ruine of his Son, is to Exalt his Goodness to the destruction of his Prudence, and represent him to the World as meerly passive, a Person easie to be deluded and abused; the contrary of which is most apparent by his Actions, tho it should be granted, that (as a Man) he hath some few times been deceived.

Amongst the Various Tricks and Projects that were then Set a foot, or Continued, there was none that plea­sed so well, as a Custom which was taken up since the Expiring of the Acts for the Regulating of Printing, viz. to Print Weekly Intelligences or News-Books. Concerning which his Majesty published this following Proclamation the 17th of May.

WHEREAS it is of great Importance to the State, that all News Printed and Published to the People, as well concerning Foreign as Domestick Affairs, should be agreeable to Truth, or at least Warranted by Good Intelligence, that the Minds of his Majesties Sub­jects may not be disturbed or amuzed by Lies or vain Re­ports, which are many times raised on purpose to Scanda­lize the Government, or for other indirect Ends: And whereas of Late many Evil-disposed Persons have made it a Common practise to Print and Publish Pamphlets of News, without Licence or Authority, and therein have vended to his Majesties People, all the Idle and Malicious Reports that they could Collect or Invent, contrary to Law; the Continuance whereof would in a short time endanger the Peace of the Kingdom, the same manifestly tending [Page 21]thereto, as has been declared by all His Majesties Judges Ʋnanimously: His Majesty therefore Considering the Great Mischief that may ensue upon such Licentious and Illegal practises, If not timely prevented, Hath Thought fit by his Royal Proclamation, (with the Advice of his Privy Coun­cil) strictly to prohibit and forbid all persons whatsoever to Print or Publish any News-Books, or Pamphlets of News not Licensed by his Majesties Authority. And to the In­tent all Offenders may Know their Danger, and Desist from any further proceedings of this Kind, His Majesty is gra­ciously pleased hereby to Declare, That they shall be pro­ceeded against according to the Ʋtmost Severity of the Law: And for that purpose His Majesty doth hereby Will and Command all his Judges, Justices of Peace, and all other his Officers and Ministers of Justice whatsoever, That they take Effectual Care that all such as shall offend in the Pre­mises, be proceeded against and punished according to their demerits.

There was scarce any thing more Clamoured against than the Proceedings upon this Proclamation, as if all the Liberties of the Subject in England had Consisted in this, that they might be deluded and abused, terrified and affrighted, flattered and enticed, by whosoever had the Impudence to Undertake it, and that Weekly.

These Sorts of News-Mongers in the Interim are in­deed nothing but a sort of State Tale-bearers: Now to make the Mischief more Apparent, to any man that is fond of this Sort of Trash, let them but consider what would follow in a private Family, if the Master of it should permit this Sort of Vermin to Act at Liberty what Feuds, Heart-burnings, Fears, Distrusts and Mu­tual Hatreds would arise; so that no man could be able to maintain the Peace of his own house, if he might not [Page 22]punish nor turn out such persons. Now the same Con­sequences, onely much worse, must needs follow in a City, Country, or Kingdom; for in a private Family the truth of things may be easily found out, the Parties being together; and yet 'tis a mighty trouble to peace­able people to be always contending and proving against others: but in the other instance it is impossible often­times for an innocent person to represent his Innocency, or disprove his Accuser. Now if it be true of the meanest private person, That A Good Name is to be valued as a man's Life, how much more reasonable is it that the Estimation of Princes, and Great Men should not ly at the Mercy of a company of Mean Scriblers? It is usually said, Malice speaks well of no body; but to be sure if that be tainted with ambition and faction, the very poyson of Asps will be shot out upon the Governors that oppose and hinder their wicked Intentions and Designs.

Nor is all this a Speculation, but an Experimented Truth, the same Sort of Men by the same ways, in the Memory of Vast Numbers of Men, once before Ruined this Kingdom, and brought his Majesty's Father to the Block; as He Himself hath Elegantly described it in his Eikon Basilike, Cap. 15. Part of which is as followeth.

IF I had not my own Innocency, and Gods Protection, it were hard for Me to stand out against these Stratagems and Conflicts of Malice, which by Falsities seek to op­press the Truth, and by Jealousies to supply the defect of Real Causes, which might seem to Justifie so Ʋnjust En­gagements against Me.

And indeed the worst effects of upon Hostility come short of these Designs: For I can more willingly Loose my Crowns then my Credit; Nor are my Kingdoms so dear to Me as My Reputation and Honour.

Those must have a Period with my Life, but these may Survive to a Glorious Kind of Immortality when I am dead and gone: A good Name being the Embalming of Princes, and a sweet Consecrating of them to an Eternity of Love and Gratitude among Posterity.

Those Foul and False Aspersions were Secret Engines at first employed against My Peoples Love of Me: That Ʋnder­mining their Opinion and Value of Me, my Enemies, and theirs might at once blow up their affections, and batter down their Loyalty.—

If they had been my Open and Foraign Enemies, I could have born it; but they must be my own Subjects, who are, next to my Children, dear to me.—

The Noise of my Evil-Counsellors was another useful De­vice. For those, who were impatient any mens Counsels but their own should be followed in Church or State; who were So Eager in giving Me better Counsel, that they would not give me Leave to take it with Freedom, as a Man; or Honour, as a King; making their Counsels more like a Drench that must be poured down, than a Draught which might be fairly and leisurely drank, if I liked it.

I will not Justifie beyond humane Errours and Frailties my Self, or my Counsellours: They might be subject to some miscarriages, yet such as were far more Reparable by Se­cond and better thoughts than those enormious Extrava­gances, wherewith some men have Now even wildred, and almost quite Lost both Church and State.

The Event of things at last will make it evident to my Subjects, That had I followed the worst Counsels, that my worst Counsellors ever had the boldness to offer to Me, or my Self any Inclination to use; I could not so soon have brought both Church and State in Three Flourishing King­doms to such a Chaos of Confusions and Hell of Miseries, as some have done; out of which they cannot or will not in [Page 24]the Midst of their many great Advantages, redeem either Me or my Subjects.

I cannot suffer so much in Point of Honour, by those Rude and Scandalous PAMPHLETS, (which like fire in great Conflagrations, flie up and down to set all places on like flames) as those men do; who pretending so much to Piety, are so forgetful of their Duty to God and Me: by no ways ever Vindicating the Majesty of their King against any of those who contrary to the Precept of God, and Pre­cedent of Angels, speak evil of Dignities, and bring Rayling Accusations against those, who are honoured with the Name of Gods: but 'tis no wonder if Men not fearing God, should not honour their King.

Thus far That Illustrious Saint and Martyr, who felt the Heat and suffered the Scorchings; first, of those Tongues that are set on fire by Hell; and after of these Pamphlet-Flakes and Sparks which raised such a Fire in His Three Kingdoms, as occasioned his Ruine, and Mur­ther; and the Banishing of his Wife and Children, and were likely enough to have ended in the total and ever­lasting Ruine of the English Church and Nation.

And can any man believe it reasonable that his Son our present Most Gracious Soveraign, should sit still and Suffer Himself and his Ministers, his Judges and his Officers both Civil and Military, to be represented to his People in the most Odious Manner that Malice can invent, and a Thousand false ridiculous Lyes and Slan­ders to be vented against him and them! No surely, it can never be expected; and were not another Rebellion designed, it would never be desired: Thus the Last be­gan, and thus the Next must begin. We have the Te­stimony of His Majesty's Father and our own Remem­brance for the one; and we are Sensible how far things [Page 25]are Advanced of late that way, for a proof of the other. And if these hot-headed Religious Lyers think it rea­sonable that for fear of the Unjust reproach of Asserting Arbitrary Government, the hazard should be run of having no Government, I hope they will find them­selves deceived, and I am sure his Majesty hath not one Loyal Subject in all his Three Kingdoms that is not of this mind.

My Lord Coke in the Pleas of the Crown tells us, Cap. 93. Inst. leg. Aluered. Cap. 28. That the Law before the Conquest was, That the Author and Spreader of False Rumours amongst the People had his Tongue cut out, if he redeemed it not by the Estima­tion of his Head: And surely the Printing of such is not a less but a greater Crime, and deserves a greater punish­ment.

And in the Reign of Queen Elizabeth, Anno 1581. one Stubbs had his Right hand Cut off for writing a Libel against the Queen, as Camden tells us; which Stubbs was Brother in Law to Carthwright the famous Puritan Preacher in those days.

By a Statute made the 3 Ed. 1. Cap. 33. it was Enact­ed, That from thenceforth none should be so hardy to Tell or Publish any False Newes or Fales, whereby Discord or Slander may Grow between the King and his People, or the Great Men of the Realm; And he that doth so, shall be taken and kept in Prison until he hath brought him into the Court which was first Author of the Tale. Which is confirmed, 2 Rich. 2. Cap. 5. And again, 12 Rich. 2. Cap. 11. with this addition, That if the Offender, could not find his Author, He should be punished by the Advice of the Council. Both which Statutes are still in force: tho those of the 1 & 2 P. M. Cap. 13. & 1 Eliz. 6. upon which Stubbs was punished, are Expired. So that here is no Need of Arbitrary proceeding to punish such Dis­orders, [Page 26]when a due Execution of these Old Statutes might do the business.

The 22. of June, 1680. The Rebel Scots endeavour­ing to renew their Rebellion, 21 persons Assembled, and after a Solemn Procession and Singing of Psalms, Pub­lished and affixed on the Cross at Sanchar a Paper, where­in they declare for themselves, And all that will Adhere to them as the Representatives of the true Presbyterian Church and Covenanted Nation of Scotland, they do disown Charles Stuart who has been Raigning, or rather Tyran­nizing on the Throne of Brittain these Years past, as having any Right or Title to, or Interest in the Crown of Scotland or Government, as Forfeited several Years since by his Per­jury and Breach of Covenant with God and his Church, and Ʋsurpation of his Crown and Royal Prerogatives therein, &c. So they proceeded to Excommunicate and Depose his Majesty, and 70 Persons took up Arms against him, the chief of which were Donald Cargile, and one Hall, who were Actually in the Last Rebellion.

These men swore either to other, That if any person who should joyn with them, should afterwards submit to the King upon any account whatsoever, or own him for their King, the rest should Butcher the Party so submitting. So that several of them being taken, and upon Tryal found Guilty of this Horrid and Divillish Conspiracy, chose rather to Suffer as Traytors, than to own their King, or ask a Pardon from him, as fearing a worser Death from their fellow Conspirators, than the Law would inflict upon them.

Now I would desire my Country-men to Consider Seriously, whether the Popish Tenents are worse than these Presbyterian Doctrines; and whether his Majesty [Page 27]is not as much in danger to fall by the hands of one of these reformed Assassinates, as by a Consecrated Jesuite.

On Thursday the 21. of October, 1680. The long Ex­pected and impatiently Desired Parliament met at West­minster; And I will now attend it, to see whether it were such as answered the hopes of these Petitioners, who had boasted of it as a Master-Piece, and which was to Con­found all they were pleased to Call Popery. Which Parliament his Majesty began with this Speech.

My Lords and Gentlemen,

THE several Prorogations I have made, have been very advantagious to Our Neighbours, and Very Ʋse­ful to Me; for I have imployed that time in making and perfecting an Alliance with the Crown of Spain, suit­able to that which I had before with the States of the United Provinces, and they also had with Spain, Consist­ing of Mutual Obligations of Succour and Defence.

I have all the Reason in the World to believe, that what was so much desired by former Parliaments, must needs be very grateful to you now: for tho some perhaps may wish these Measures had been taken sooner, yet no man can with reason think it is now too Late; for they who desire to make these Alliances, and they who desire to break them, shew themselves of another Opinion.

And as these are the best Measures that could be taken for the Safety of England and Repose of Christendom, So they cannot fail to attain their End, and to spread and im­prove themselves further, if Our Divisions at home do not render Our Friendship less Considerable abroad.

To prevent these as much as may be, I think fit to renew to you all the Assurances which can be desired, That nothing [Page 28]shall be wanting on My part to give you the fullest Satis­faction your Hearts can wish, for the Security of the Pro­testant Religion, which I am fully resolved to maintain against all the Conspiracies of Our Enemies, and to Concur with You in any new Remedies which shall be proposed, that may Consist with the preserving the Succession of the Crown in its Due and Legal Course of Descent.

And in Order to this, I do recommend to You, to pursue the further Examination of the Plot, with a strict and im­partial Enquiry. I do not think My Self Safe nor You nei­ther, till that Matter be gone thro with; and therefore it will be necessary that the Lords in the Tower be brought to their speedy Tryal that Justice may be done.

I need not tell you what danger the City of Tangier is in, nor of what Importance it is to Ʋs to preserve it. I have with a mighty Charge and Expence sent a very Consi­derable Relief thither; but Constantly to maintain so great a Force as that War will require, and to make those New Works and Fortifications, without which the Place will not be long Teneable, amounts to so Vast a Sum, that without Your Support it will be impossible for me to undergo it. Therefore I lay the matter plainly before You, and desire Your Advice and Assistance.

But that which I Value above all the Treasure in the World, and which I am Sure will give Me greater Strength and Reputation both at home and abroad then any Treasure can do, is a perfect ƲNION amongst Our Selves.

Nothing but this can restore the Kingdom to that Strength and Vigor which it seems to have Lost, and raise Ʋs again to that Consideration which England hath Ʋsually had.

All Europe have their Eyes upon this Assembly, and think their own Happiness or Misery as well as Ours will depend upon it.

If We should be So Ʋnhappy as to fall into such Mis-Ʋnderstanding among Our Selves, as should render Our Friendship unsafe to trust to, it will not be Wondred at, if Our Allies should begin to take new Resolutions, and per­haps such as may be Fatal to Ʋs.

Let Ʋs therefore take Care that We do not Gratifie Our Enemies, and Dishearten Our Friends by any Ʋnseasonable Disputes.

If any such do happen, the World will see it is no fault of Mine; for I have done all that was possible for Me to do, to Keep You in Peace while I live, and to Leave You So when I die.

But from so great Prudence and so good Affections as Yours, I can fear Nothing of this Kind; but to Rely upon You all, That You will use Your best Endeavours to bring this Parliament to a Good and Happy Conclusion.

The Lord Chancellor made no Speech at all, His Majesty giving himself the whole Trouble of this Af­fair, hoping his Words would the more be Considered by them, and the business the more zealously pursued.

The House of Commons being returned, and a Mo­tion made, That William Williams Esq; should be cho­sen Speaker; It was Resolved in the Affirmative, Nemine Contradicente; who forthwith made two Speeches in the House, which are Printed in the Votes, one to Ex­cuse himself by reason of his insufficiency, by reason of the difficulty both of the Place, and Things to be trans­acted. But that being refused, he made a Second, which shew'd more the temper of the Man; and is as follow­eth.

Gentlemen,

I Tremble when I reflect under what difficulties Learned, Experienced, and Wise Men have Laboured in this Chair: Yet I am not afraid of their President who impaired their Estates and Health, no nor of them who lost their Lives in this Service. These are a Sacrifice I owe my Country. But when I suffer my self to think that some Gentlemen have Maimed their Reputation in this Trust, these Thoughts are dreadful to me, and must yet strike deeper with me, unless you that called me hither shall please to Stand by me, Cherish and Support me in all the difficul­ties of this Place. I have it by your Courtesie, and shall hold it at your Pleasure; and I have this to Secure me, If I fall, I fall into the Hands of Gentlemen that made me what I am in Your Service.

I doubt not but you will remember, your own Minister, your own ONELY, your own INTIRELY, placed in this Service without Seeking, without Recommending: I expect No Boon, but your Grace and Favour to depart as I came, when you shall please to Command me, without re­penting.

Some have said these Speeches were never made in the House, but added afterwards to the Votes; tho it's pos­sible they might be designed: but that is nothing to the purpose. In my poor Judgment this last Speech is lyable to many great Exceptions, and for which he would certainly have been eased of this Laborious and Dangerous Imployment under any Prince but the Mil­dest of Men with whom he had now to do.

First he might have treated his Predecessors in that Chair with more respect, than to take notice of them [Page 31]that had Maimed their Reputation; which as they were not many, so that thought might with more Humility and Candour have been kept to himself; and the rather, because one present had had the Misfortune to be re­presented disadvantagiously in the latter end of the former Parliament; and this looked more like an insult­ing Bravado, than a Modest Excuse. It had been good he had taken the Lord Verulam's Counsel, Essay the 11. Ʋse the Memory of thy Predecessor Fairly, and Ten­derly; for if thou dost not, it is a Debt, will Surely be paid, when thou art Gone.

In the Second Paragraph he flies higher, and is not content to tell them that he is their Minister, without he added, Onely, and Intirely. Now another man would have left out these words, or have added something to them, to declare his Loyal Intention to his Prince too, whose Minister the Speaker is more properly than the Houses, whose Place he holds there, and from whom he hath his Authority, tho he hath his Nomination from the Commons; nor is he a Speaker at all till the King hath approved of their Choyce.

His Majesty to avoid any Contest about a Speaker, had it seems not Recommended any Person to them, as is usual; and he takes Notice of that too, but in such a manner, as looks more like a Triumph over his Ma­jesty, than any thing else, as having gained that point upon him by the last Contest, when he tells them he was placed in that Service without Seeking, without Re­commending: And in the Next place he tells them, He Expects no other Boon, but by their Grace and Favour to depart as he came, without repenting. He may possibly prove a Prophet, and as he seems to scorn his Prince's Favour, so he may ever want an opportunity of Refu­sing it.

On Friday the House of Commons attended his Majesty with their Speaker, where he that hath entred two Speeches to the Commons, is not pleased to Enter that which was made to his Majesty, but onely tells us that he made claim by Humble Petition in the Name of the Commons of England in Parliament Assembled, of the Antient Rights of the Commons for them and their Servants in their Persons and Estates, to be free from Ar­rests and other disturbances; in all their Debates to have Freedom and Liberty of speech; and as occasion should re­quire, to have Access to his Majesties Person. Which was allowed by the King.

But tho he hath not been pleased to Print his own Speech, there was one given out for the Information of the People in Writing, which was as followeth.

May it please Your Majesty,

THE House of Commons have been pleased to Make use of ME for their Speaker, and Have presented me for Your Majesties Approbation. It is a Place of great Weight and Pains: Both by my Education and Profession I have been always used to Labour and Industry, There­fore I will (by Your Majesties Approbation) endeavour to discharge the Trust reposed in me.

If this were the Preface to the Three Demands or Pe­titions, I cannot blame him for not Printing it, no more then I can commend him for making one so totally different from what used to be said on such occasions.

But a man may smile to see how finely the man had digested and put over all his trembling fears in one Nights time, when he called to mind his Education and Profession, which he had totally forgot the day before, [Page 33]and now having considered better, did not think it was fit to ask his Majesty to discharge a person so wonder­fully qualified for the Place, as all other had done be­fore him, being, it seems, not so sensible that by their Education and Profession they had been used to Labour and Industry.

And 'tis pretty to see how his Majesties Approbation is put into a parenthesis; as if one should say it was Needless, and scarce worth the asking, and the Sence of what he was to speak would have been perfect with­out it.

But such was his Majesty's Goodness, that he easily passed over these things, tho they were apparent en­croachments upon his Royal Prerogative, and such too as another Prince would have stomached. He sought the good of his People more than any thing, and for that cause bore these disorders.

On Munday the 25. of October the Lords sent down an Address they had made to his Majesty for the Pardon of all such persons as should come in and discover any thing further of the Plot within two Months; and with it his Majesties Answer, which was as followeth.

HIS Majesty hath Considered of the Address made by the House, and is so willing to Encourage all persons who know of any Treasons and Conspiracies against his Person and Government, that he will cause his Royal Proclamation to Issue, declaring, That he will fully Pardon and Secure all persons who shall make such disco­very, not Onely during the space of Two Months as is desi­red, but at any time after, whensoever such discovery shall be made.

The next day the Commons resolved to make an Address to his Majesty to the same purpose.

And Mr. Dangerfield the discoverer and great Agent in the Meal-Tub Plott, which was a Silly design of the Papists to turn their Plott upon the Presbyterians, men­tioning Sir Robert Peyton, a Member of their House, in this Information.

They referred it to a Committee to Examine the Mat­ers touching Sir Robert Peiton, and to report the same to the House: And then Resolved Nemine Contradi­cente,

That it was the Opinion of their House to proceed effectually to suppress Popery, and Prevent a Popish Suc­cessor.

On Wednesday the 27th of October, they agreed the said Address, which was as followeth.

WE Your Majesties most Dutiful and Loyal Subjects, the Commons in Parliament Assembled, being highly Zealous for the preservation of the Pro­testant Religion, Your Majesties Sacred Person and Go­vernment, and resolving to pursue with a strict and im­partial Inquiry the Execrable Popish Plot which was de­tected in the Two Last Parliaments, and has been Supported and Carried on by potent and restless Practises and Ma­chinations, especially during the late Recesses of Parlia­ments, whereby several persons have been terrified and discouraged from declaring their Knowledg thereof; most humbly beseech Your Majesty, That for the Security of such persons who shall be willing to give Evidence, or make fur­ther Satisfactory Discovery concerning the same to this House, Your Majesty would be pleased to Issue Your Royal Proclamation, assuring all the said persons, of your Gra­cious [Page 35]Pardon, if they shall give Evidence, or make such Discovery within two Months after the date of such Pro­clamation.

There was two Exceptions taken to this Address by others, Tho I find none made in the House, viz.

The first was, That in the height of their Zeal they forgot to tell his Majesty what Protestant Religion they meant or desired to preserve, for there being in England many not onely several but contrary Religions, which yet may be Comprehended under that General term of Protestant. Some of which are worse than Popery, they were not to be preserved but Suppressed, if it might be; Except they intended in opposition to Popery to uphold all the Heresies and Schismes that arose in the late Rebellion amounting to near Eightscore, as they have been counted; but then it had been better to have called them Protestant Religions: for it is a perfect piece of Nonsence to call these Contrary and Contending Factions, who do mutually endeavour to Ruine each other, tho they are now Combined as much against the Religion that is Established, as against Popery, and to Act against it with more fury than they do against Popery; I say it is Nonsence to call these Conjoyntly Religion, when if there be or ever were any such things as different Religions in the World, these are such, and they are as Contrary to the Religion established, and each to other as they are to Popery.

Hitherto the Parliaments had always qualified that loose general word, with such terms as these, Established, or by Law Established, or the like; and sometimes not so much as mentioned the Word Protestant, which is ve­ry improperly affixed to any Party of the Reformed [Page 36]Religions of England, there being perhaps never a Lu­theran in England, to take it strictly.

But we shall see afterwards that it was not a Casual or Accidental omission here, but as these Protestants at Large had advanced the greater part of these Commons into that high dignity, so they were resolved, to lift them up above the Church and Laws by way of Reward, tho the Peace of the Nation and the Government were Ruined by it.

The Second thing objected was, That they Tacitly and Injuriously reflected upon His Majesty in their Pre­tences, That during the Recess of Parliament, several persons had been terrified and discouraged from declaring their Knowledg of the Plot. As for the Recesses, Pro­rogations and Dissolutions of the Parliaments, they were apparently forced upon the King much against his Will by the unreasonable Heats, Feuds, and Irregularities of the Commons, and so the King was not to be blamed; and all that would Inform any thing concerning the Plott in these Intervals had been as Kindly used by the King and Councel, as they could have been by the Par­liament. So that this was, as I said, an Injurious Re­flection upon His Majesty and the Government, and was an Argument of an ill temper, and could not but disgust his Majesty.

Their limiting their Petition of Pardon to onely such persons as made any Discovery to their House, was look't upon as much restrain'd; for if the Discovery were really and effectually made, what matter was it to what house or person it was made. But it may be this might not be intended by them for any such purpose as the limiting of the thing to them, tho in effect it did so, and there­fore I shall pass it over.

From this Address the House proceeded to the Votes about the Petitions; which were as followeth.

Resolved, Nemine Contradicente. Which shewes the Strength of the party, and not the Consent of the whole House.

That it is, and Ever hath been, the Ʋndoubted Right of the Subjects of England, to Petition the King for the Calling and Sitting of Parliaments, and Redressing of Grie­vances.

Resolved, N. C.

That to traduce such Petitioning (howsoever managed, for so it must signifie, or else it will conclude nothing from the Other as a Principle) as a Violation of Duty, and to represent it to his Majesty as Tumultuous and Seditious, is to betray the Liberty of the Subject, and Contributes to the Design of Subverting the Antient Legal Constitutions of this Kingdom, and introducing Arbitrary Power.

Ordered,

That a Committee be appointed to inquire of all such persons as have offended against these Rights of the Sub­jects.

Resolved,

That an Address be made to his Majesty, declaring the Resolution of this House to Preserve and Support the King's Person and Government, and the Protestant Religion at home and abroad.

This last seemed to sweeten the Crudity of the for­mer Votes, and to Countenance and Justifie one of the greatest disorders that Contributed to the Ruine of his Father.

As to their first Vote, which is their Principle, it is [Page 38]granted modo & forma as they have set it down.

But the Second is too general, and an Undeniable foundation for Rebellion, as hath been Experimented: for all the Controversie was here about the manner of Petitioning, viz. Whether a few private men might agree upon a Petition, and then send Emissaries abroad to procure Hundreds and Thousands of Ignorant people to Subscribe it, and then tender it to his Majesty, as it were by the Number to fright him into a Complyance with them against his declared Resolution to the Con­trary: if this might be allowed, the Liberty of the Sub­ject would soon eat up the Prerogative of the King, and disorder this or any other Government in the World.

In the Reign of Henry the Seventh, one Thomas Flammock, Lord Ba­con 's Hist. of H. 7. a Lawyer, thought he could make a Rebel­lion and never break the Peace; and the People of Corn­wall being discontented about some Subsidies granted to the King, he perswades them that it was not good they should stand like Sheep before the Shearers, but put on Harness and take Weapons in their hands: yet to do no Creature hurt, but go and deliver the King a Strong Petition, for the Laying down of those grievous Pay­ments, and for the Punishment of those that had given him that Counsel, and to make others beware how they did the like in time to come: And he said for his part, He did not see how they could do the Duty of true English­men and good Liege-men, except they did deliver the King from such Wicked ones, that would destroy both him and the Country; or in the Language of our dayes, in­troduce Arbitrary Power.

And accordingly 16000 men armed, assembled, and marched from Cornwal to Black-Heath in Kent Modest­ly and Quietly enough, Except that at Taunton in So­mersetshire [Page 39]they killed, in fury, an Officious and Eager Commissioner for the Subsidy, whom they called the Provost of Perin: but by that time they came at Black-Heath, they Threatned either to bid Battle to the King (for now the Seas went higher than his Councellors) or to take London within his View; imagining them­selves, there to find no less fear than wealth. And ac­cordingly they persisted, till the King having drawn out his Forces and Surrounded them, he fought them, and killed 20000, and took all the rest Prisoners.

Now I would Know whether this Strong Petition was Justifiable, and whether if any body in our dayes should perswade a Number of Men to Act this over again, it would be an offence against the Rights of the Subjects, to abhor such Petitioning as a Violation of Duty, and represent it to his Majesty as Tumultuous and Seditious, or rather plainly Rebellious; and it would be worth the while to try whether Flammock's Strong Petition may not be Justified by these Votes, as they now stand pen­ned: for it doth not appear that any sort of Petition­ing whatsoever, may be opposed by the Votes.

But it may be replyed, That here were no men in Arms in the case of the Petition in hand; but what then, if there should be for the future, these Votes will Justify them too; for if the People may Petition for the Calling or Sitting of a Parliament, or Redressing of Grievances, when and howsoever they please, and no man may hin­der them, then is Honest Old Father Flammock's Strong Petition, which was for the Redress of two Notable Grie­vances, fairly Justifiable, if it were now to be acted over again: But if the People be allowed to Petition, but not any way, it had been fit to have told us, and them, what [Page 40]manner of way they were allowed to Petition, as well as for what; for that was the main thing in question.

But seeing they were not so kind to the People, I will try if I cannot direct them into a better course the next time they shall have an Occasion to Petition the King for the Calling and Sitting of Parliaments, and Re­dressing of Grievances. And to that purpose I will here insert a whole Act of Parliament.

XIII Car. 2. Cap. V.

An Act against Tumults and Disorders, upon pretence of Preparing or Presenting Publick Petitions, or Addresses to His Majesty or the Parliament.

WHEREAS it hath been found by Sad Experience, That Tumultuous and other Dis­orderly Soliciting, and Procuring of Hands by pri­vate persons, to Petitions, Complaints, Remonstran­ces and Declarations, and Other Addresses to the King, or both, or either Houses of Parliament; 1. For Al­teration of Matters Established by Law. 2. Redress of pretended Grievances in Church or State: 3. Or other Publick Concernments, have been made use of, to serve the ends of Factious and Seditious persons gotten into power, to the Violation of the Publick Peace, and have been a great means of the late Unhappy Wars, [Page 41]Confusions and Calamities in this Nation. For pre­venting the like Mischiefs for the future.

Be it Enacted by the Kings Most Excellent Majesty, by and with the Consent of the Lords & Commons assem­bled in Parliament, and by the Authority of the same, That no person or persons whatsoever, shall from and after the First of August One thousand six hundred sixty and one, sollicite, labour or procure the getting of Hands, or other Consent of any persons above the num­ber of Twenty or more, to Petition, Complaint, Re­monstrance, any Declaration or other Address to the King, or both, or either Houses of Parliament, for alteration of Matters Established by Law, in Church or State, Unless the Matter thereof have been first Consented unto, and Grdered by Three or more Justices of the County, or by the Major part of the Grand Jury of the County, or Division of the County, where the same matter shall arise, at their Publick Assizes, or General Quarter-Sessions; or if arising in London, by the Lord Mayor, Aldermen, and Commons in Com­mon Councel assembled; And that no person or per­sons whatsoever shall repair to his Majesty, or both or either of the Houses of Parliament, upon pretence of presenting, or delivering any Petition, Complaint, Remonstrance or Declaration, or other Addres­ses, accompanied with Excessive Numbers of People, Nor. not at any one time above the number of Ten persons, [Page 42]upon pain of Incurring a penalty not exceeding the Sum of One hundred pounds in Money, and Three Moneths Imprisonment without Bail or Mainprise for every offence, to be prosecuted at the Court of Kings-Bench, or at the Assizes or General Quarter-Ses­sions, within Six Months after the Offence committed, and proved by two or more Credible Witnesses.

Provided always, That this Act or any thing therein contained, shall not be Construed to Extend to debar or hinder any person or persons, not exceeding the Number of Ten aforesaid, to represent any publick or private Grievance or Complaint to any Member or Members of Parliament after his Election, and du­ring the Continuance of the Parliament, or to the Kings Majesty, for any Remedy thereupon to be had, or to Extend to any Address whatsoever to his Majesty by all or any of the Members of both or either Houses of Parliament during the Sitting of the Parliament, but that they may enjoy their Freedom of Access to his Majesty as heretofore hath been used.

Now had this Act of Parliament been pursued, I be­lieve there would have been no Controversie in this case; and there was great reason it should, Because. By reason of the Unquietness of the Times, when every thing seemed to tend to the renewing of those Calamities the Act mentions in the Preface, and was made to pre­vent.

But supposing it had been never so Regular, what [Page 43]reason can be assigned why one part of the People should be freer to Petition for any thing, than the other was against it, if one party may for the instance Petition the King to change his Mind after he hath declared it in any cause, why is not the other part as free to desire him not to change? now that which may seem a pub­lick Grievance to one County or Place, may be a great Advantage to another, and they are totally debarred of all means of Maintaining their present advantage, if they may not Counter-Petition.

But in this case here the persons that Petitioned were private men, and contrary to the express Letter of this Act, solicited hands in an irregular way; and such sort of hands, as besides their Number, were of No Conside­ration; for the directions that they sent with the Peti­tions, were, That it mattered not whether they were Gentlemen, or so much as Free-holders, so they were Numerous. Now let any man consider whether it be reasonable that a company of Rude Country Clowns, and a parcel of Pragmatical Apron-men, should contrary to his Majesty's Proclamation pretend themselves wise enough to Advise his Majesty when the Parliament should Sit. But if it be alledged, That there were others besides these: why were not these totally left out? why was there such care that the Subscriptions should be so Numerous? did these small Folk add any weight to the Advise? No surely.

On the other Hand, they that appeared against them were Parliament-men themselves, Justices of the Peace, Grand Juries at Assizes and Sessions, Common-Coun­cels and Magistrates in Corporations, men full as likely to Understand what was fit to be done, and as Unlikely [Page 44]to betray the true Liberties of the People on the one hand, or to invade the just Prerogatives of the Crown on the other; but then these were men true to the Re­ligion and Government by Law established; and the Pe­titioners were of the same sort, for the most part, with them that had brought on the former Calamities by this and other such specious and popular pretences, to the ruine both of King and People, Prerogative and Liber­ty: and therefore the more justly suspected to be play­ing over the Old Game.

Thus much may suffice concerning the Votes; And now let us see how they proceeded against the pre­tended Offenders. And in the first place Sir Francis Withens, a Member of their House, being accused on this Account as an offender against the Rights of the Sub­ject, who was not then present, It was

Ordered,

That Notice should be given him to attend in his place the next Morning.

On Thursday October 28.

Sir F. Withins appearing in his place, It was ordered that the Clerk of the Peace for Westminster should attend the House the next Morning at Ten of the Clock with the Roll of the Orders for the Last Easter Sessions for the City of Westminster.

Then they fell upon an Information which had been given the House against Sir Robert Yeomans of Bristol, and Sir Robert Cann, a Member of the House, That they did in October 1679, Publickly declare, That there was no Popish Plot, but a Presbyterian Plot.

Which was attested against them by Mr. Row, Sword-Bearer of Bristol, and Sir John Knight a Member of the [Page 45]House. Sir Robert Cann being to make his defence, Ut­tered several Reproachful and Reflecting words against Sir John Knight, for which he was called to the Bar, and received a Reprehension on his Knees, and then being ordered to withdraw, they Voted he should be commit­ted to the Where he lay till the 8th of Novemb. & then was discharged. Tower, and Expelled the House; and that Sir Robert Yeomans should be sent for in Custody of the Serjeant attending their House.

This weighty affair took up the whole day, and it had been well spent, if the Popish Plot had been made one jot the plainer, or the Presbyterian Plot ever so little taken off by it; but the World was full as well satified of the truth of the former before, notwithstanding what these Gentlemen had said to the Contrary; and much confirmed in the truth of the latter, by this Violent, if not Arbitrary way of proceeding against them.

For if these Gentlemen had offended against any Law, why were they not prosecuted in a Legal way, where they might have made a Legal defence, and have received a Legal Sentence? But here they had nothing but bare affirmations, without any witness to defend them; and a Sentence founded upon this as sharp, chargeable, and dishonourable as was possible. If this be the Liberty of the Subject, and these men our defenders from Arbitrary Government—

On Friday October 29. Sir George Downing having ob­tained Leave to bring in a Bill for wearing of the Wool­len Manufacture of England; The House Ordered that Dr. Tongue should be recommended to his Majesty for the first Considerable Church-Preferment that should happen to become void in the Kingdom. And then the Speaker Reported his Majesty's Answer to the Address [Page 46]concerning Pardons, which is recited above; which Answer was,

THat he did intend to direct such a Proclamation, and was resolved not onely to prosecute the Plot, but Po­pery also, and to take Care of the Protestant Reli­gion Established by Law; and if We joyn, and the Lower House go on Calmly in their Debates, without heats, He did not doubt but to beat down Popery and all that belongs to it.

This Answer will stand upon Record against them, and Posterity will certainly give them their due for Neglecting this Mild Admonition of this Meek Prince. But to go on, Mr. Harbord Reported the Address for the Support of the King's Person and Government, and the Protestant Religion both at Home and Abroad. Which was as followeth.

WE Your Majesties most Dutiful and Obedient Sub­jects the Commons in this present Parliament Assembled, Do with most Thankful Hearts Ac­knowledg, not Onely Your Majesties many former Royal Declarations of Your Adherence to the What Pro­testant Reli­gion? why are not the words by Law Esta­blished, here, as well as in his Majesties Answer above? Protestant Re­ligion, in the Preservation and Protection thereof, but Your further Manifestation of the same in Your Gracious Speech to both Houses at the Opening of this present Par­liament, in which Your Majesty is pleased to Command us strictly and impartially to prosecute the Horrid Popish Plot, without which we do fully assent to Your Majesties great Judgment, That neither Your Person nor Government can be Safe, nor your Protestant Subjects, It being part of the very Religion of Popery, where it can obtain, to Ex­tirpate all Protestants both Prince and People; which hath caused in the Times of Your Royal Ancestors since the Re­formation, [Page 47]that great Care to oblige the Subjects against their return to the Papal Yoke, in the very same Oathes wherein they Swear Allegiance to their Prince. And as Now the Eyes of all the Protestant Kingdoms and States abroad are upon us, and looking upon Your Majesty as the Royal Head of so many Protestant Countries, cannot but hope, upon a Happy and Solid Security in our Religion at Home, That your Majesty will be the greatest Protection to them, from whom we may expect a Mutual Assistance, as being involved in the same Common Danger: So we do humbly assure your Majesty, That we shall be always ready to preserve your Majesties Person and Government, and to Support the What that by Law Esta­blished, or another As contrary to it as Popery is? Protestant Religion both at home and abroad: And do Humbly beseech your Majesty, to Esteem all per­sons whatsoever who shall otherwise represent Ʋs to your Majesty, as those who design to divide between the King and his People, and to defeat the Meeting and Sitting of Par­liaments, That those Popish Designs may succeed, which they well know cannot otherwise prosper. And this they have made Ʋndeniably Evident in the Interval of Par­liaments, by Contriving, with unparallel'd Insolence, a most Damnable and Wicked Design to transfer their own Crimes upon so many of your Majesties Loyal Protestant Nobility and Gentry, hoping thereby to destroy those who with the greatest Zeal and Integrity endeavour to pro­secute them.

The Effect of this Specious Address to possess the Peo­ple, what Stout Champions the Presbyterians are against Popery, and to Involve all them that had appeared against them, as Papists or Favourers of Papists, and to let the World know what a horrid opinion they had of that Silly-impossible-Meal-Tub-Sham Plot: And Cer­tainly the Popish Party were much to blame to Lay [Page 48]their Treasons to the Presbyterians, who have too ma­ny of their own to answer for without this Accumula­tion of guilt from others Crimes. But as to their boast of their Great Zeal and Integrity in endeavouring to prosecute the Popish Plot, we shall be better able to judge of it in the Conclusion of this Session of Parlia­ment.

Then the House Proceeded to Examine Sir Francis Wythens business, and it appearing by Witness and his own Confession, that he had presented an Address to his Majesty, expressing an Abhorrency to Petition his Ma­jesty for the Calling and Sitting of Parliaments, they Voted him a Betrayer of the Undoubted Rights of the Subjects of England; and ordered him to be Expelled the House for this High Crime, and to receive his Sen­tence at the Bar upon his Knees. Which he submitted to.

Observe how they misrepresent this Gentleman, the Address he presented was drawn by the Bench at Easter Sessions for Westminster, and related onely to that Pe­tition, and that Parliament, in those Circumstances; now as they word the business, it must signify that the Address was against All Sorts of Petitions, for the Sit­ting of Parliaments, in the plural Number; which is foul play to misrepresent the Matter of fact in a thing so lately done and well Known to every body in the ve­ry place where they Sit: but it was necessary it should be so worded, to Justify the Severity of the House, if that would have done.

This was the Second Member of Parliament they Ex­pelled in a way that was look't on as Arbitrary, and unexampled; and this was the use they made of His Majesties Advice to proceed Calmly, and without Heats.

On Saturday the 30th of October, They passed a Vote,

That the Votes of their House should be Printed, be­ing first Perused and Signed by Mr. Speaker, who was to Nominate and Appoint the persons to Print the same.

From these Printed Votes I have Extracted what hath gone before and shall follow after; and to them I ap­peal for the truth of this Narrative of their Proceedings: and but for this Vote it might have been difficult to have known what they had done, so as to have charged them: By them also I have been encouraged to speak my Mind more freely of this, than of the former Par­liaments; for this Printing their Votes could be design­ed for Nothing but to enable the People to pass a Judg­ment on their Actions; one of which Number I am.

Their next Vote was, That they would proceed to the full Examination of the Popish Plot, in order to bring the Offenders to Justice.

And then they Nominated a Committee to Inspect the Journals of the Two last Parliaments; and Report their proceedings relating to the Popish Plot; and Or­dered

An Address to his Majesty for the Letters, Papers and Evidences which have been delivered to the Privy Coun­cil relating to the said Plot.

This Afternoon they Waited upon his Majesty with their Address for the Preservation of his Person and Go­vernment, &c.

On Munday the First day of November, Mr. Secretary Jenkins told the House, the Papers they had Addressed for, had been sent to the Committee of the House of Lords for Examination of the Plot, the 24th of October.

The Bill for wearing of Woollen, was also read and committed.

Then the Speaker Reported the King's Answer to their Address for Preservation of his Majesties Person, and the Protestant Religion; which was as followeth.

I Thank you very heartily for your Zeal for the Pro­testant Religion: and I assure you there shall be no­thing wanting on my part at Home or Abroad to pre­serve it.

Sir Francis Winnington Chairman of the Committee for Inspecting the Journals of the Two last Parliaments concerning the Proceedings relating to the Popish Plot, reported a general abstract of the same; which was Or­dered to be perfected, and that they should inspect those of the House of Lords for the same time.

Then one Hardwich a Linnen-Draper, being accused of some Misdemeanors against one Seignior Francisco, a Witness in the Popish Plot, was Ordered to be sent for in Custody of the Serjeant Attending their House to an­swer the same. This was to punish a man before they knew whether he were guilty or no, upon a bare Sug­gestion.

On Tuesday the 2 d. of November, A Bill for prohibit­ing the Importation of Irish Cattel, was read and com­mitted.

And then one Harnage was ordered to be brought to the Bar for abusing Francisco Ferria.

And then they Voted an Address to his Majesty for a pardon for Dangerfield, and that he would take him and Mr. Dugdale, Mr. Prance and this Seignior F. Ferria into his Royal Care and Protection.

But these were small matters to what follow.

Resolved Nemine Contradicente,

That the Duke of York's being a Papist, and the Hopes of his coming such to the Crown, hath given the greatest Countenance and Encouragement to the present Designs and Conspiracies against the King and Protestant Religion.

Resolved, That in defence of the King's Person and Go­vernment, and of the Protestant Religion, this House doth declare, That they will stand by his Majesty with their Lives and Fortunes, and that if his Majesty shall come by any violent death, (which God forbid) they will Revenge it to the Ʋttermost upon the Papists. (who ever did it.)

Resolved,

That a Bill be brought in to disable the Duke of York to Inherit the Imperial Crown of this Realm.

On Tuesday the 3 d. day of November, the Lords sent down an Act they had passed for the better Regulating the Trials of the Peers of England, to which they desi­red the Concurrence of the Commons; and it was read the same day and committed.

Mr. Harnage being then brought to the Bar, was con­tinued in Custody of the Serjeant during the Pleasure of the House. Not one tittle being inserted concerning the Nature of his Misdemeanor.

The Committee for Examination of the Journals were also appointed to inspect the Impeachments against the Lords in the Tower, and the proceedings thereupon. And they were also to prepare Evidence against the said Lords. And in the mean time they Voted,

‘Resolved Nemine Contradicente,’

‘That a Bill be brought in for the better Ʋniting of all [Page 52]his Majesties Protestant Subjects.’ This was now a New Name for a Toleration, as I will make it appear.

Ordered,

That Sir Tho. Whitegrave and Mr. Birch of Stafford Apothecary, and Lieutenant Ellis be sent for in Custody of the Serjeant, to answer to the Charge given against them by Mr. Dugdale.

‘Ordered,’

‘That Herbert Herring be sent for in Custody, &c.’ for a Notorious Breach of Priviledge by him committed against Mr. Colt a Member of their House; No account how or when being given.

But Jeremiah Bubb was onely Summoned to appear at the Bar to answer for a Breach of Priviledge commit­ted against Mr. Colt.

The Bill for Prohibiting the Importation of Irish Cattel was read the second time, and committed.

And Leave was given to bring in a Bill for the Ex­portation of Leather.

On Thursday the 4th of November the said Bill was read the first time, and Ordered a second reading.

And then Mr. Secretary Jenkins Reported his Ma­jesty's Answer concerning the Informers against the Popish Plot; which was, That Care had, and should be taken of them.

Ordered,

That a Committee be appointed to inspect the Act inti­tuled, Trade Encouraged, made in the 15th Year of his Majesties Reign, and to bring in a Bill for prohibiting of Scotch Cattel at certain Seasons.

And then after some Debates and Votes concerning Elections, of which I shall take no Notice.

The Bill for disabling the D. of York to Inherit, was read the first time and committed.

Ordered,

That a Committee be appointed to Inspect the Laws that are in being, touching the Maintenance of the Poor; and to bring in a Bill or Bills for Regulating and preventing the encrease of the Poor in this Kingdom.

On Saturday the 6th of November it was Ordered, ‘That a Committee be appointed to Inspect the Law concerning the Anniversary Reading of the Narrative of the Gunpowder-Plot in Churches, on every Fifth day of November, and to Report the same to the House.’

Resolved N. C. That it is the Opinion of this House, That the Acts of Parliament made in the Reigns of Queen Elizabeth and King James against Popish Recusants, Ought not to be Extended against Protestant Dissenters.

It would have been well if we had been told why they ought not to be Extended to all that break them, one as well as another. And then how it should be pos­sible to distinguish these two Sorts of offenders one from the other, the offence being Exactly the same, tho the cause be a little different: And then thirdly, if a Bill had been brought in for that purpose, for the Votes of the House of Commons are no binding Expositions of Law, nor I hope never will be. Lastly, this Vote was need­less, if the Bill of Ʋnion went on; and to no purpose if it did not; as I suppose they understand Now.

Ordered,

That a Committee be appointed to prepare and bring in a Bill for Repeal of all or any part of the Act of Parlia­ment made in the 35th Year of the Reign of Queen Eliz. Cap. 1. Printed in the Statute Book of Pulton.

This was a severe Act against the Dissenters, and they were Now to be Countenanced and Encouraged to the utmost; for what end and purpose is not difficult to be guessed, by their Insolence against the King and Go­vernment.

A Bill for Exportation of Cloth and other Woollen Manufactures into Turkey was read the first time and committed.

The Bill to disable the Duke of York was read the Se­cond time, and committed to a Committee of the whole House, with a Resolution declared that it should Ex­tend to the Person of the Duke of York Onely; and that Committee was appointed on the next Munday Morn­ing at Ten of the Clock: And accordingly it was that day Debated, and some Clauses added to it.

On Tuesday the Ninth of November his Majesty sent the Commons another Message by Mr. Secretary Jen­kins, which was as followeth.

CHARLES R.

HIS Majesty desires this House, as well for the Satisfaction of his People as of Himself, to Expedite such Matters as are depending before them, relating to Popery, and the Plot; and would have them rest assured, That all Remedies they can tender [Page 55]to his Majesty, conducing to those Ends, shall be very acceptable to him; Provided they be such as may Consist with preserving the Succession of the Crown in its Due and Legal Course of Descent.

On Wednesday the 10th of November, A Bill for Re­gulating the Elections of Members to Serve in Parlia­ment for the House of Commons, was read the first time, and ordered to be read the second time.

And the same day the Bill for prohibiting the Impor­tation of Irish Cattel was read the third time and passed, and sent up to the Lords.

Now let the Reader observe, there was not one Pub­lick Bill passed through the House of Commons in all this time, but this; and yet no Bill was more opposed than this: but here the priyate Concerns of the North and West Country Gentlemen were Engaged, and therefore they carried it on Might and Main against all opposition; but as for any Bills against Popery, they took no care or thought: for that against the Duke of York may perhaps be made to appear to be of another Nature then was pretended, and rather against any thing then Popery.

The same day the Lords sent down to the Commons a Bill which they had passed, for Freeing the City of London, and his Majesty's Court and the Parts adjacent, from Popish Inhabitants, and providing against other Dangers which may arise from Papists. To which they desired their Concurrence.

Note, That this Bill had been sent down from the Lords before, and the Commons had lost the opportu­nity of passing it, as you will see they will in this Ses­sion [Page 56]also, tho there were Tragical representations made of the Danger the City and Nation were in from the Vast Numbers of them which were Seated in and about the City of London: The truth is, it was not conve­nient to loose any thing that might serve to fright the People, and much better to have Papists in London for that purpose, than to have them sent elsewhere, and loose the means of Fermenting the Rabble. But if men were not as willing to be or at least seem to be cheated, as others are to delude them, they would soon perceive whose interest it is to keep them in Fears and Jealou­sies, and after discharge their Bug-bears, or turn their rage another way.

The same day they Voted an Address to his Majesty, in answer to his last Message.

And that they would proceed in the prosecution of the Lords in the Tower, beginning with William Viscount Stafford.

On Thursday the 11th of November, 1680.

A Bill to prevent the offences of Bribery, and Debau­chery, in Elections of Members to Serve in the Commons House of Parliament, was Read the first time, and or­dered to be read again the Monday following, with the Bill for Regulating Elections of Members to Serve in the said House, formerly mentioned.

This day the Bill against the Duke of York was read the third time, and passed; The Title whereof was re­solved to be, An Act for Securing of the Protestant Re­ligion, by Disabling James Duke of York to Inherit the Imperial Crown of England and Ireland, and the Domini­ons and Territories thereunto belonging. And it was or­dered that the Lord Russel should carry it up to the Lords, for their Concurrence.

The Bill sent down by the Lords for Freeing the City of London from Popish Recusants, was read the first time on Friday, 12. Nov. and Ordered a second reading in a full House.

This day the Commons sent a Message to the Lords, to Acquaint them with their Intentions to begin with the Viscount Stafford, and to desire them to appoint a Convenient time for the Tryal, and that the Lords in the Tower might be Confined and kept from holding Correspondence with one another, as persons impeached and committed for High Treason by Law ought to be.

The Lords answered, As to the latter part of this Message, They had taken Care already in it; and as to the former, They appointed Tuesday the Thirtieth day of the same Moneth.

And they further resolved to Address to his Majesty for a Sum of Money for defraying the Charges of Sum­moning of Witnesses and other Expences Incident to the Prosecution and Tryals of the Lords in the Tower, and appointed Mr. Charles Clare to Receive and Expend the same; for which purpose his Majesty gave Order that 100 l. should be Issued out of the Exchequer.

On Saturday the 13th of November,

Sir Robert Yeomans being upon his own Petition called to the Bar, he Acknowledged his offence, and was or­dered to receive the Censure of the House upon his Knees; to which he submitted, and was discharged, pay­ing his Fees.

The Lords returned the Bill against Importing of Irish Cattel agreed to Commons the same day.

The City of London having Petitioned the House against Sir George Jeffereys their Recorder, and it be­ing [Page 58]referred to a Committee, they passed this Vote,

Resolved,

That this Committee is of Opinion, That by the Evi­dence given to this Committee, it does appear that Sir George Jeffereys, Recorder of the City of London, by traducing and obstructing Petitioning for the Sitting of This Parliament, hath betrayed the Rights of the Sub­ject.

To which the House agreed, and Ordered, That an Humble Address be made to his Majesty, to remove him out of all Publick Offices; and appointed a Committee to draw up the same. As if it had been likely his Majesty would have so far complyed with them, as to have pu­nished the Recorder for obeying his Laws and Procla­mation, against a Tumultuous and Seditious Sort of men.

But however his Majesty might Act, they had another aim in this, for they Voted, That the Members of their House that Served for the City of London, should commu­nicate this Vote and Resolution of their House, to the Court of Aldermen for the City of London.

This was a sure way to bespeak a Party in the City to Joyn with the House against the Abhorrers.

They further Ordered, That this Committee should enquire into all such persons as have been Advising, or Promoting of the late Proclamation, stiled, A Proclama­tion against Tumultuous Petitioning.

Thus having passed thus far without any check from any person, they thought they might proceed as far fur­ther as they pleased. And it is very probable that they were spurred on to this by their Friends and Enemies; the one designing to make them Terrible; and the other, being willing to make them Hated. However, I am sure they they became more hated than feared by this and many other such proceedings.

As the Parliament, that is, the Commons, Courted the City, so the City was as kind to them, and Calling a Common Councel, Voted an Address to his Majesty to declare their Loyalty; and to Petition him that the Parliament might Sit until Protestantisme was Secured; I believe they might mean innocently, tho I am well Secured that this would have perpetuated them to the End of the World, if some amongst them might have been Judges of the time when this great work was per­fected.

But this did not Edify with his Majesty, who pene­trated to the bottom of these little Projects, and was not over-pleased with this Correspondency betwixt this and the Commons, remembring what ill effects this Con­junction had in the Reign of his Father. So he Advised the Common-Councel to meddle with those things that lay before them, and assuring them, That he would La­bour to maintain the Protestant Religion as it was Esta­blished by Law; (which was more than they desired,) he dismissed them.

On Munday the 15th day of November.

A Bill against the Importation of Cattel from Scotland was Read the first time, and Ordered a Second Reading the Saturday following at Ten of the Clock.

This day was delivered the following Message to the Commons.

CHARLES R.

HIS Majesty did in his Speech, at the Opening of this Session of Parliament, desire your Ad­vice and Assistance, in relation to Tangier: [Page 60]the Condition and Importance of the Place obliges his Majesty to put this House in mind again, That He relies upon them for the Support of it, without which it cannot be much longer preserved. His Majesty doth therefore Earnestly Recommend Tangier again to the due and speedy Consideration and Care of this House.

A Debate thereupon arising in the House, they Vo­ted, That they would proceed in the Consideration of this Message the next Wednesday Morning at Ten of the Clock.

A Bill sent down from the Lords, Intituled, An Act for the better Regulating the Tryals of the Peers of En­gland, was Read the Second time, and Committed upon the Debate of the House.

This day the Bill for Disabling the Duke of York was Read the first time in the House of Peers; and the que­stion being put, Whether it should be read again? the House divided.

  • Noes, 63.
  • Yeas, 30.

So it was Thrown out; the Bishops all appearing against the Bill, Except three, for which some of the Commons Reflected upon them, with great Liberty, as if no body could be for the Duke but he must be for Popery.

The House of Commons taking notice of this, were so discomposed, that they Adjourned themselves on Tuesday Morning, and did nothing that day.

And the day following meeting in a very bad and dis­contented humour, and taking into Consideration the [Page 61]Message about Tangier, They Resolved upon an Address to his Majesty upon the Debate of the House, Humbly representing to him the dangerous State and Condition of the Kingdom.

And then it appearing that George Earl of Hallifax had been very Active in the House of Lords against the Bill for Dis-inheriting the Duke, they Resolved also upon another Address to his Majesty, to remove the Earl from his Majesties Presence and Councils for Ever. And this was all they did the Second day after. The House being in a perfect Fret, and the Country-Party Heating themselves by their Speeches to that height, they were scarce able to Consider what was fit to be said or asked.

And now that the Peers of England have passed their Judgment concerning this Bill, I will add some short Reflections upon the Bill, which I shall shall submit to my Reader, as it is fit I should.

First, Then, I do acknowledg it is a great affliction to any Protestant Country to fall into the Hands of a Popish Prince; and worse for England then for most other, because of the great and implacable Malice the Jesuits and the whole Church of Rome have ever born to the Religion Established amongst us, which is more easi­ly defended against them, then any other Reformed Church, as being founded upon greater Antiquity, and more conformable to the Primitive Church of the Three or Four first Centuries, then either the Church of Rome, or any of the Reformed Churches in these Western Parts of the World: and therefore they of the Church of Rome Have left no stone unturned, to Subvert her, imploy­ing all their own Wit and Power against her ever since the Reign of Queen Elizabeth began; and sticking nei­ther at Perjury, Treason, Murther, nor any other Villa­ny [Page 62]that they thought might conduce to that End: and when God had by his Gracious Providence defeated all these their Damnable Projects, They Transformed them­selves into the shapes of our own Protestant Dissenters, and so promoted a Rebellion which ended in the seem­ing Ruine of this Religion and Government, to their mighty Content and Satisfaction; but tho his Majesty at his Return re-settled this Church, yet they did not give over, but by a Toleration by spreading Pamphlets written in the Stile of the Dissenters, and so very ac­ceptable to them, by discouraging all that opposed our Intestine Divisions, and a multitude of such other frauds, they have in Twenty Years time so shaken her founda­tions again, that his Majesty can hardly now preserve and uphold her against the Popish Party on the one hand, and the Dissenters on the other.

So that if this poor persecuted Church should fall in­to the hands of a Prince of their Communion, She is to Expect whatever the most Enraged Malice armed with his Authority, can inflict upon her, and She hath all the reason in the world to expect the Dissenters will joyn with them to afflict and ruine her. Not out of any Kindness to Popery, but out of an implacable hatred they two have Conceived against her. So that I must and will Conclude the Church of England hath the greatest reason in the world to dread that day that shall put her into such hands.

But yet still with this limitation notwithstanding, that by Avoiding one Mischief, she should not plunge her Self into a greater; that is, by flying a Persecution from men, to fall into a Rebellion against her God and Saviour, by whose Providence Kings and Princes (of what Religion soever they be) rule; and by whom they have in all Ages been so Ordered, Disposed and Govern­ed, [Page 63]as He in his Divine and Holy Wisdom Saw most Expedient for the Prosperity or Chastisement of his Church, to the greater encrease of her Glory and Hap­piness in the world to come.

Two things I will lay down as Undoubted Rules or Maximes.

1. That the Kingdom of England is an Hereditary Kingdom or Monarchy, which for many Ages hath gone to the Next Heirs, be they Males or Females, of the Blood Royal; without any Election or Consent of the People, otherwise then by acknowledging their Lawful Right derived from God, by their Blood to them.

The Second is, That this Hereditary Monarchy was set up at first, and hath been since upheld and main­tained by the Providence of God.

From which two I will infer this Conclusion, That who ever shall attempt to alter this Right of Succes­sion without a manifest revelation, (which is not now to be expected) is a Notorious Usurper upon the Right of the Person who is to Succeed, be the pretence for it what it will; and a Rebel against that Providence which gave him that Right.

Nor will all the Antient Rebellions, Usurpations and Disorders, which have hapned in this Kingdom, Justify them that shall begin them again.

Now if it should please God so to order it, that the Duke should at his Majesties Death be the Next Heir to his Crown; I cannot see how any humane Power shall prevent his Succession to it, but by encroaching upon his Right, and by rebelling against the Divine Providence that gave it to him.

So that be the Inconveniences that shall follow upon such a Succession what they will or can be, we must submit to them upon pain of Rebellion against both God and his Anointed our Lawful Prince. And then let any man be judge whether it is better to fall into the Hands of a Popish Prince, or into the Hands of an Angry God, who is a Consuming fire; and who is not bound by any Act of Parliament from afflicting a Sinful and Rebellious People.

So tho the Church of England hath all the reason in the world to dread such a Prince, yet she will have greater reason to dread a Rebellion against him, because it runs her upon the Divine Vengeance, and is directly contrary to her Principles, and the Practise of the Apo­stles and Primitive Church, and is plain down-right Popery. So that I conclude Neither She nor any of her Children, will be guilty of it, come what will come.

But this is not all, we are already Sworn to Bear Faith and true Allegiance to the Kings Highness, The Oath of Supremacy. His Heirs and Lawful Successors, and that to our power we shall assist and defend all Jurisdiction, Priviledges, Pre-Eminences and Authorities granted or belonging to the Kings Highness, his Heirs and Lawful Successors, or United and Annexed to the Imperial Crown of this Realm; of which that of an hereditary Succession is one of the principal; and we are Sworn not onely to his Majesty, (whom God Long Continue) but also to his Lawful Successors: with which Oath none but they that have that Right can dispence; for this being a pro­missory Oath made to them as well as him, when their Rights shall fall, his Majesty cannot remit their Right, nor any of them anothers; but they have Every of them in their respective degrees and orders an indispensable Right confirmed to them by this Oath. Nor would [Page 65]they cease to be Lawful Successors in the Sence of this Oath, tho a Law were made to prevent, bar, or cut off their Succession; because all that is meant by the word Lawful, in this place, is to be understood by the common Rules of Succession Settled by the Common Law of England; viz. the Eldest Son or Daughter before a Younger of the same Sex, &c. Now if his Majesty cannot do it, much less can the Lords or Commons do it, because they are all within the obligation of this Oath, and it is unreasonable that men should dispence with their own promissory Oathes to others; for this would destroy all Faith and Confidence amongst men, and pull up the very Roots of all Society and Govern­ment. Nor can any man imagine that this Oath was made in favour of a Protestant Successor only, H. 8. be­ing a Popish Prince, in whose time it was Settled at first. And the same in effect is Sworn by the Oath of Alle­giance with this binding Clause, I do believe, and in my Conscience am resolved, that neither the Pope, nor any other Person whatsoever, hath power to absolve me of this Oath or any part thereof, which I Acknowledge by good and full Authority to be lawfully Ministred unto me. And by this Oath we are also bound to bear Faith and true Allegiance (not onely) to his Majesty, (but to) his Heirs and Successors, and Him and Them to Defend to the Utmost of our power, &c. Which is to be understood according to their several and respective Rights, and at such times as they shall grow and accrew to them and every of them. And altho this Oath was Introduced by a Protestant Prince, yet is not made to him as a Pro­testant, but as Lawful and Rightful King of this Realm; and who ever is So, hath and must have Right to im­pose it upon us, be his Religion what it will. So that besides the former Sin of Rebellion against the Provi­dence [Page 66]of God, Here is an Apparent and Unavoidable Perjury in this Case to Aggravate the other. And sure­ly no good Religious man will run upon these two Hi­deous Sins deliberately, to avoid any temporal affliction whatsoever.

So that were the Case just such as it is represented by the Author of the Character of a Popish Successor, It would not Justify the Excluding of such a Successor as he hath described, by Force and Arms, against his Right and our Oathes to the Contrary, tho we were never so certain to Succeed in the Attempt. But then that wicked man has most falsly represented things to us, and So as it is impossible they should ever prove in the Event, if we do not give occasion for it by an improsperous Rebel­lion; nay I believe I may say if we should.

First it is agreed by All the World, That there are Ten Protestants for one Papist thro all the Dominions of England; So that if such a Successor should attempt to Extirpate them; the bare refusing to aid or assist him in such an enterprize, would render it impossible.

Secondly, All our Laws are in favour of that Reli­gion that is Established, which could never be Repealed but in Parliament; and it is morally impossible to have a Parliament the major part of which will not be Pro­testants, who will never Consent to ruine themselves.

Thirdly, The Revenue of such a Prince will not bear the Charge of so great an Army as will be necessary to reduce the People to a Religion so generally detested and hated as this is.

In answer to this, there is Two things pretended. First, That he may have Foraign Ayds; And Secondly, [Page 67]That he will have means to deter or allure many from the Protestant Religion to his own.

As to Foraign assistances, no Prince will dare to ad­mit so many as shall totally over-power his own People, because then they will be able to ruine him, as the Saxons did the Brittains; and he may be sure they will do it. So that this is a ridiculous Supposition in a Prince of our own Nation that hath No other Dominions but these.

As to any Number of People that he may be able to bring over to his Religion, they will be very incon­siderable in proportion to those that will never be brought over, tho we suppose the Number greater then it is like to be; for that some men have got a way of Reproaching all they hate with the Name of Papists, because there is none more hated than that; yet even for that case the Number must be small, being very unwil­ling to List themselves in a hated Party, Except they may have great Advantages by it; which are not to be afforded to many (in proportion to the rest) in one Kings Reign, in so small a Kingdom as England.

Thirdly, The very attempting this with Force and Violence, will drive so many people out of the Nation, that the Prince will destroy both his Revenue, and Se­curity; which we may believe no man will do for his own sake.

To this we may add, That it is three to one whether we have any such Prince. Who but God can tell whe­ther ever the Duke shall Survive his Majesty. Whether, if he do, he shall be the Next Heir; and whether, if he be So, his Interest, the Grace of God, or meer humane [Page 68]inconstancy, may not work upon him to return to that Religion he was first principl'd in, and for which his Royal Father most Gloriously Laid down his Life.

And after all this, Supposing he should Succeed and be Zealous for his Religion, and Suppose that to be Po­pery; there is no necessity that he must Act all the worst Principles of Popery to the Utmost degree. I am sure it is not usual so to do, tho the difficulty be not so great as here it will be.

And after all, doth not the Providence of God govern the Popish as well as Protestant Princes? Is the Arm of the Almighty shortned that he can neither Deliver nor Support his Church? or hath he forsaken her in her Old Age, who preserved her with So much Care and Power in her Infancy under Heathen Princes for above Three hundred Years? and under Arrian Princes (which were as bad as the worst Papists) a long time after that. Do we believe this Protestant Religion is acceptable to him? Are the far greatest part of them that profess it, Sincere or False in their pretences? If all these be answered one way, we have Something to rely upon that is more Steady, than the Faith and Religion of Princes. If in the other, it will be but a folly to pretend to Secure by hu­mane Arts, that which God is resolved to destroy.

But the reason upon which the Bill of Exclusion is built, is worse than the thing. First they Vote, That the Dukes being a Papist, and the Hopes of his Coming such to the Crown, hath given the greatest Countenance and Encouragement to the present Designs and Conspiracies against the King and Protestant Religion.

They Vote the Duke a Papist, which is more than any man living can tell but himself; and if it should be granted that he is So, what then? Then this hath given the greatest Countenance and Encouragement to the [Page 69]present Designs and Conspiracies against the King and Protestant Religion; and then the Conclusion is, That therefore he must be dis-inherited. To me it seems bet­ter Logick to say, Then all possible Care and Art is to be imployed to reduce him back to our Church; where­as this way of proceeding with him can end in nothing but the enraging and exasperating of him against the Protestant Religion.

But then the Duke's being a Papist hath not given the greatest, nor, if we may believe Mr. Oates, hardly any Encouragement to the Plot: for he tells us, Article 60. that when he urged, That he feared the Death of the King would scarely do the business and effect the Design, unless his R. H. would pardon those that did the business, and stand by them in it. Keines replyed, That the Duke was not the Strength of their Trust; for they had another way to effect the setting up the C. R. &c. And if James did not Comply with them, to pot he must go also. And Article 29. If the Duke shall set his face in the least measure to follow his Brothers foot-steps, his Passport was made to Lay him asleep. And Article 24. They the Jesuits aver, That altho the Duke was a good Catholique, yet he had a tender affection for the King, and would scarcely be engaged in that Concern; and if they should once intimate their De­signs and Purposes unto him, they might not onely be fru­strated of their Design, but also might lose his Favour. Art. 16. He saith he putting this question, What if the Duke should prove Slippery? They replyed, His Passport was ready when ever he should Appear to fail them. And page the 64. He tells us, He (the Pope) hath ordered, That in case the D. of York will not accept these Crowns as forfeited by his Brother unto the Pope, as of his Gift, and settle such Prelates and Dignities in the Church, and such Officers in Commands and Places Civil, Naval, and [Page 70]Military, as he hath Commissioned, Extirpate the Pro­testant Religion, and in order thereunto Ex post facto; Consent the Assassination of the King his Brother, Massacre of his Protestant Subjects, Firing of his Towns, &c. by Par­doning of the Assassins, Murtherers and Incendiaries, that then he also be Poysoned or destroyed, after they have for some time abused his Name and Title to Strengthen their Plot, &c. All which Passages in his and other of the Nar­ratives shew plainly the D. being a Papist was not the greater, nay it was hardly any encouragement to the Plot: and tho some of them have gone farther than Mr. Oates, yet that shews the Jesuits had different opi­nions of His R. Highness; and therefore had no assu­rance: but if the Plot upon the Life of the King had succeeded, he might have revenged it upon them tho he were of their Religion as they believed.

But because these things may be disputed both ways, Suppose I should grant the Hopes of his Coming a Pa­pist to the Crown, did really give the greatest Encou­ragement to the Plot; will dis-inheriting him defeat those hopes? No, but it will rather whet them on to do their utmost to Murther the King to prevent or re­venge that injury to the Duke: and of this the House was so sensible, that the same day they passed this Vote, they Added to it this that followes.

Resolved N. C.

That in Defence of the Kings Person and Government, and of the Protestant Religion, this House doth declare, That they will Stand by His Majesty with their Lives and Fortunes; and that if his Majesty shall come by any Violent Death, (which God forbid) they will revenge it to the Ʋtmost upon the Papists.

This latter Vote they have annexed to the former every time they have passed it, which shews they are sensible Revenge and Despair are full as likely to push them on, as Hope, to this Horrid attempt: and in that case this Vote will never hinder them, but it may en­courage the Scotch Assassins to do it if they can; Know­ing the Papists are to Suffer, who ever doth the fact.

So that to me it seems the Reasons upon which the Bill is founded, are weak and unconcluding, and that no Malice could have Contrived a more effectual way to hasten those Calamities upon us it pretends to pre­vent, and to ascertain what is full as likely never to happen without it.

So I conclude the Lords did well and wisely in re­jecting the Bill, and the Bishops in joyning with them so to do.

And now I will proceed with the rest of the Votes, having made this short Digression to Express my thoughts on this great affair, which I submit to the Judgment of wiser men; and shall willingly retract or amend any thing if I have erred; for I seek nothing by all this but the Peace and Prosperity of my Coun­try.

There being little done of importance on Thursday the 18th day of November, the next day the Commons fell upon the business of the Abhorrers of the Petitions; and began with the Grand-Juries for the Counties of Somerset and Devon, which had both detested and ab­horred the said Tumultuous Petition. So they Ordered, That Sir Giles Philips and William Coleman, being the Fore-men of the said Grand-Juries, should be sent for in Custody of the Serjeant at Arms attending their House, to answer at the Bar of their House, for Breach of Pri­viledge by them committed against their House.

Before in Sir George Jeffereys Case, it was for betray­ing the Rights of the Subject, and Now 'tis become a Priviledge of Parliament for the People to Petition by Hundreds and Thousands for the Sitting of a Parlia­ment. At this rate of Proceeding, there will be Privi­ledges of Parliament enough at last.

At the same time they ordered Captain William Castle and Mr. John Hutchinson, and Mr. Henry Walrond, the two last being of the said Grand-Juries, to be Sent for in Custody too. So this was a pretty handsom begin­ing.

But the next day they found that Mr. William Stawell was Fore-man for the Grand-Jury for Devon, and not Mr. Coleman, so they ordered his Name to be put out of the Warrant, and Mr. Stawell's to be put in. This shews with what heat and haste they managed this affair.

But why should the Fore-men of the Grand-Juries be sent for, rather than all or any of the rest; the Fore­man having no more Authority than the Last man, nor being any way inabled by his place to Help or Hinder any thing, but being Concluded by the Major part, be his own Opinion what it will? but they could not tell who promoted this affair, and therefore Right or Wrong, Singled them out to be made Examples, not think­ing it convenient to send for the whole Number, who yet, were punished in these; and not only they that suffered, but every Gentleman in the Nation suffer'd in them; their Liberties being at the Mercy of every Cor­poration, who when they please may send Taylors, Grocers, &c. to enjoy these exorbitant priviledges, and Send for the best Knights and Gentlemen in England, for not, having payd respects great enough to them.

The Bill of Importation of Cattel from Scotland was read the second time, and Committed.

Then they proceeded in the business of the Abhorrers, and Voted, That one Thomas Herbert Esq; should be sent for in Custody, for prosecuting John Arnold Esq; at the Council Table, for promoting the said Petition, and procuring Subscriptions.

To him they added Sir Thomas Holt, Serjeant at Law, and Mr. Thomas Staples, as Betrayers of the Liberties of the Subject.

The same day one Eld was discharged out of Custo­dy; who had been taken for not Making a good Search for Arms at the Lord Aston's House at Taxall in Stafford­shire. Notice being taken that he was a Sober Pro­testant, (what that means I must leave to my Reader; for I never heard that any sort of Protestants made Drun­kenness, or Debauchery, or any other sort of Insobriety a part of Protestantisme, and I should have liked it better if it had been a Confiding Man,) and an Enemy to the Popish Faction: It were worth the while to enquire how he stood affected to the Puritan Faction.

On Munday the 22 of November,

Two Bills for Regulating Elections were read the se­cond time, and Committed to a Committee to unite or divide them as they should see cause.

The day following Sir Thomas Holt petitioning the House, was called in and Censured upon his Knees, and Discharged.

The same day a further Address was Voted, to Peti­tion his Majesty to remit a Fine of 500 l. that had been set upon Mr. Benjamin Harris, for Printing Seditious Libels. Such men were not to be discouraged, in an Age when so few were to be found, who would un­dertake [Page 74]that dangerous Imployment for the good of the Nation.

The same day a Bill was brought in for Repeal of an ACT made in the 35 of Eliz. Cap. 1. Against Seditious and Disloyal Sectaries and Conventicles; this Bill pas­sed both Houses, but was taken away, before it was Sign­ed by the King. So that Statute Escaped then; to the terror of those Protestants.

There having been a design to Indict the Duke of York for a Popish Recusant in Trinity Term this Year, and the same being prevented by the Court of Kings-Benches discharging the Grand-Jury before they had found the same, the House made this Vote,

That the discharging of a Grand-Jury by any Judge be­fore the end of the Term, Assizes or Sessions, whilest Matters are under their Consideration, and Not presented, is Arbitrary, Illegal and Destructive to publick Justice, a manifest Violation of his Oath, (what Oath) and is a Means to Subvert the Fundamental Laws of the Kingdom.

Resolved, That a Committee be appointed to Examine the Proceedings of the Judges in Westminster-Hall, &c.

On Wednesday, November 24.

After Orders for the sending for George Bell an At­torney at Law, Arthur Yeomans, William Jordan, John Laws, and Henry Aulnett, for Breach of Priviledge of Parliament, without assigning wherein; Order was gi­ven to bring in a Bill,

1. To Supply the Laws against Bankrupey.

2. And another to take away the Court held before the Lord President and Council in the Marches of Wales.

Then the Bill for Repeal of the 35 Eliz Cap. 1. was read the Second time, and Ordered to be ingrossed.

Ordered, That an humble Address be made to his Ma­jesty from this House, by such Members thereof as are of His Majesties Most Honourable Privy Council, to desire his Majesty to give Orders, That all Protestant Dissen­ters, who are prosecuted upon any Penal Laws made against Popish Recusants, in the Reign of Queen Elizabeth and King James, may be Admitted to a Composition in the Exche­quer, without paying any Fees.

Which was granted by his Majesty.

Ordered, That Leave be given to bring in a Bill decla­ring that those Laws shall not be Extended to P. Dissen­ters; and that it be referred to the Committee appointed to bring in the Bill for the better Ʋniting of his Majesties Protestant Subjects.

The Attorney-General being ordered formerly to at­tend, and This day Called in and Examined touching the Manner of Issuing forth of the P. stiled, A Procla­mation against Tumultuous Petitions, and Giving an Account to the House, That Sir Fra. North Chief Justice of the Court of Common-Pleas, was Advising and Assisting in the drawing up and passing of the said Pro­clamation; and a Debate thereupon arising in the House, they Resolved N.C. That it was sufficient Ground for the House to proceed upon an Impeachment against him for High Crimes and Misdemeanors; and order taken for an Impeachment accordingly.

Thus the Dissenters are encouraged to go on and break the Laws, and the Judges punished for Executing them.

On Thursday the 25 of November, Nothing Extra­ordinary was done, but the Exhibiting Articles against Edward Seymour Esquire, formerly Speaker of the House; to Each of which he being required to make a distinct [Page 76]answer, there arising a Debate upon the first Article, the whole was adjourned to the next day.

Samuel Verdon Under-Sheriff of Norfolk, was ordered to be sent for into Custody, upon a Complaint of seve­ral Crimes and Misdemeanors by him committed: For a Notorious Breach of Priviledge of Parlia­ment by him committed against their House; No such thing being mentioned in the Complaint.

Friday, Novemb. 26. The Bill of Repeal of the 35 of Eliz. was read the third time, and passed.

And the House resolved to Impeach Mr. Seymour upon 4 Articles, and appointed a Committee to draw up those Articles accordingly, and Referred it to them to consider of Precedents concerning the Committing of Members to Custody when Impeached in Parlia­ment.

On Munday the 29 day of November, the House at­tended his Majesty with their Address concerning Tan­gier; which being very long, I will not trouble the Reader with it at Large.

The whole is a Tragical representation of the Advan­tages that Popery had gotten over the Religion and Go­vernment, Assisted (as they tell us) by the Treachery of perfidious Protestants, which must be the Dissenters, by whose assistance they obtained the Toleration, broke several Sessions of the Long Loyal Parliament, if Cole­man's Letter to Monsieur Le Chese may be Credited; and it may truly be averred, that the Papists have not obtained any Advantage without the Dissenters, nor the Dissenters without them.

They say further, That the ACT of Parliament en­joyning a Test to be taken by all persons admitted into any Publick Office, and intended for a Security against Papists [Page 77]coming into Imployment, had So little effect, that either by dispensations, obtained from Rome, they Submitted to those Tests, and held their Offices themselves. or those put into those Places, wore so favourable to the same Interest, that Popery it self has rather gained than lost ground since that ACT.

Now Supposing it true, that some of them did ob­tain such dispensations, what was this to his Majesty; and if any of them that gat their Offices were apt to afford them unlawful favours, they might have called them to account for it, with much more general Satis­faction than they did the Abhorrers: but let any man that Knowes any thing of the World, Judge whether the Malice or falsehood of the Conclusion be greatest.

They tell the King a dreadful Story of the defeating of the Presentment intended against his Majesties Bro­ther the Duke of York, under whose Countenance all the rest (of the Papists) shelter themselves, as they say. But surely his Majesty was not to be informed what they thought of this, who could not but be well in­formed of the Fact long since; and so they descend to the business of the Weekly Pacquet of Advice from Rome, which Exposes Popery ( as it deserves, say they) as Ridi­culous to the People; and they tell his Majesty, That a New and Arbitrary Rule of Court was made in his Ma­jesties Court of Kings-Bench, That the same for the fu­ture should not be Printed by any person whatsoever. But then they take no Notice how that Author has made many Odious, False, and Scandalous, Reflections upon the Religion and Government by Law Established; which was the cause why it was Supprest, and not any talent he had of writing against Popery.

Finally, They tell the King that they have freed themselves from the guilt of that blood and desolation [Page 78]which is like to ensue: which is an Expression in that place that looks like a kind of Threat or Menace; for there was then No prospect of blood or desolation that could arise from any cause or persons but what must be Countenanced by the Dissenters.

The Conclusion is; But our Onely hope, next under God, is in Your Sacred Majesty, that by your Great Wis­dome and Goodness we may be effectually Secured from Popery, and all the Evils that attend it, and that none but persons of Known Fidelity to Your Majesty, and Sincere Affection to The Protestant Religion, What Re­ligion? may be put into any Imployment Civil or Military. That whilst we shall give a Supply to Tangier, we may be assured we do not Aug­ment the Strength of our Popish Adversaries, nor encrease our own Dangers; which Desires of your Faithful Commons if Your Majesty shall Graciously vouchsafe to grant, we shall not onely be ready to assist Your Majesty in defence of Tan­gier, but do whatsoever else shall be in our power to enable Your Majesty to Protect the Protestant Religion and Interest at home and abroad, and to resist and repel the Attempts of Your Majesties and the Kingdoms Enemies.

But His Majesty notwithstanding continued without any Supply, and by the Blessing of God preserved the Town. Now it is very observable, that in the former Parliament there being a Report, That Tangier should be Sold to relieve the Necessities of the Crown, they then Voted, April 9. 1679. That the House was of Opinion, That those who should Advise His Majesty to part with Tangier to any Foraign Prince or State, or be Instrumental therein, ought to be accounted Enemies to the King and Kingdom: And yet now that it was in apparent hazard to be lost to the Moors, the Sworn Enemies of all Christians, they would grant nothing to preserve it; and many of the Commons in their Speeches were of Opinion, that it was the best [Page 79]way to desert the Town. So that if any did Advise his Majesty to Sell the Place, they were Enemies to the King and Kingdom; but if it were lost or deserted, So the King had nothing for it, the Matter was not much, so that the King might bear the blame, tho the Commons were in the fault.

On TƲESDAT the 30th of November, the Tryal of William Viscount Stafford was began, which lasted till the 7th of December, of which I shall take no No­tice, it being printed by it Self. During all which time there was nothing material done by the House of Com­mons except that business.

Wednesday the 8th, and Thursday the Ninth of Decem­ber, were spent in Reporting of Elections, and dis­charging persons out of the Custody of the Serjeant, and Ordering others to be taken in to Supply their places.

But very remarkable was their Severity against Mr. Sheridon and Mr. Day, who were Ordered to be taken into Custody, their Papers to be Searched, and that No person should be Admitted to come to them, but such as should have occasion to bring them Necessaries.

On Friday the 10th of December, Captain Castle was found, and Voted guilty of offending against the Rights of the Subject, by Obstructing Petitioning to His Ma­jesty for the Sitting of that Parliament.

The same day the Commons Ordered an Impeach­ment to be prepared against Sir Francis North Chief Justice of the Court of Common-Pleas, for High Crimes and Misdemeanors, viz. for Advising the Proclamation against Tumultuous Petitions.

Then they Voted, That the Imprisonment of one Peter Norris at Dover by the Order of Sir Leoline Jen­kins, [Page 80]was Illegal and Arbitrary, and an Obstruction to the Evidence, for the Discovery of the Horrid Popish Plott. This was the business for which Sheridon and Day were imprisoned.

On Munday the 13th, A Bill for Exportation of Cloth and other Woollen Manufactures into Turkey, being read the second time, and a Debate arising thereupon, it was Ordered that it should lie upon the Clerks Table.

They Ordered also, That the Committee appointed to look into and prepare Evidence against the Lords in the Tower, do Examine the Evidence against all persons con­cerned in the Popish Plot. And they were to report the Names of such persons, together with their Opinions therein, to the House upon the Debate.

And also that Leave should be given to bring in a Bill, for Banishing of all Papists, and suspected Papists from the Cities of London and Westminster, and XX miles of the same, with Clauses therein for disarming of all Papists, and for Pains and Penalties against all such Pa­pists, or suspected Papists, as should Ride, Go, or be Armed. And that Lists of them should be brought in by the Members.

When ever any Law pass against suspected Papists, great care ought to be taken to limit that Loose term, or great Mischiefs will insue.

On Tuesday the 14th of December, Complaint was made, That one Herbert Herring who had been order­ed to be taken into Custody for a Breach of Priviledge, did abscond himself to avoid the Execution of the said Order: whereupon it was

Resolved, That if he did not render himself by Satur­day, that House would proceed against him by Bill in Par­liament, for endeavouring by his absconding to Avoid the Justice of the House.

This was a way never to want Work, if every Fugi­tive Attorney or Porter that had broke the Priviledge of the House, was to be brought in by Bill.

Sir Robert Peyton, a Member of their House, was the Next that fell under their displeasure, being said to Have had Secret Negotiation with the Duke of Y. by the Means of the Earl of Peterborough, Mrs. Cellier, and Mr. Gad­bury, at such time as they were turning the Popish Plot upon the Protestants, i. e. the Presbyterians, it seems they are THE Protestants. For which he was Or­dered (after his defence) to be Expelled the House, and to be brought to the Bar to receive the Censure of the House upon his Knees from the Speaker.

Which was done with so little respect to the Quality of the person; that after the Dissolution of the Parlia­ment, he sent the Speaker a Challenge, for which he was Committed, having been before committed to the Serjeant, for not being at hand when it should have been first done, by the Speaker. So he was twice Committed and Expell'd too, but by what Law, the House of Com­mons proceeded, I know not.

It is the Interest both of the Members and of Us whom they represent, to take care that this be not left to them; for here was a Member Expelled not for being a party to that Conspiracy of the Papists, but for having Secret Negotiations with the Duke of York at that time: and if this be allowed, that they may Expel for what cause they please, be there Law, or be there none, then have the greater part of the House an Absolute and Arbitrary power over the lesser part; and if either Side do by accident get the Advantage of the other by a Single Vote, they may Expel them as they please: which must Necessarily end in Confusion and Slavery.

On Wednesday the 15th of December, the House re­solved into a Committee of the whole House, to Consider of Ways and Means to Secure this Kingdom against Po­pery and Arbitrary Power; and Resolved upon two Votes, viz.

Resolved, Nemine Contradicente, That this House doth agree with the Committee, That one Means for the Suppres­sing Popery is, That a Bill be brought in to banish, imme­diately, all the Considerable Papists of England out of the Kings Dominions.

Resolved N. C. That this House doth agree with the Committee, That a Bill be brought in for an Association of all his Majesties Protestant Subjects, for the Safety of his Majesties Person Note, here is no mention of his Maje­sties Govern­ment in this Association., the Defence of the Protestant Religion, and the Preservation of his Majesties Protestant Subjects, against all Invasions and Oppositions whatsoever, and for preventing the Duke of York or any Papist from Succeeding to the Crown.

And ordered a Committee to be appointed to prepare and bring in a Bill pursuant to the first of the said Re­solves.

The latter was taken up to Supply the Bill of Exclu­sion which bad been thrown out by the Lords, and was never prosecuted any further; for when they came to draw the Bill, it was found impracticable, without in­volving us presently in a Civil War.

For an Association signifies nothing without a Head to govern and direct it; if the King be made the Head, then we are where we were, and it is to no purpose; If another person be made So, then there is two distinct Governments in the same Kingdom, which can never stand together a Month without imbroyling themselves and the People. This the Holy League of France proved Experimentally true; and the same Event will always follow.

Besides, there was no reason to Expect that either his Majesty or the House of Lords would yield to this way of Exclusion, which was worse than the former; Tho if that had passed, it would have signified nothing with­out an Association or a Standing Army, as the Author of the Seasonable Address to both Houses of Parliament hath well proved.

This day also His Majesty made a Speech to both the Houses, which I will insert when I come to the Answer of the Commons to it.

On Thursday the 16th of December, A Petition of Divers Inhabitants in the County of Surry, Complain­ing of the proceedings in an Ecclesiastical Court against them, being read, it was referred to a Committee to bring in a Bill or Bills for Regulating the proceedings of such Courts.

A Petition of Joshua Brook and other Merchants against the African Company was also read, and referred to a Committee.

Mr. Booth reporting from the Committee to whom the Bill for the better Regulating the Tryals of the Peers of England was committed, An Amendment to be made, and a Clause to be Added, and thereupon a Mo­tion being made to bring in a Clause for Repeal of the Laws de Scandalis Magnatum, It was Ordered, That a Committee should be appointed immediately to with­draw and prepare such a Clause; Which was done, and passed the same day.

If the Peers had passed this Clause, they had reduced themselves into the Condition of the Gentry and Com­moners, and a man might have called the greatest Lord in England, Knave, more Safely perhaps than his Tay­lor; but if they did not, then that Excellent Bill was to [Page 84]be lost to which they had tacked this Clause; which was quite of another Nature.

And it ought to be Considered also, That the Lords were Soon Voted down by the Commons once before, when by Separating themselves from the Crown, they had lost their Support; and they may be sure the same thing will follow again, when ever the Commons shall prevail so far upon them, as to bring the Peerage into as Low a Condition as the Gentry, their Priviledges being, to speak the truth, too little already to support and maintain their Dignity and Honour: but of this I need say no more.

The Bill for Uniting his Majesties Protestant Subjects to the Church of England, was read the first time, and ordered to be read again the Munday following after Ten of the Clock in a full House.

Another Bill for Exempting his Majesties Protestant Subjects dissenting from the Church of England, from the penalties of the Laws against Popish Recusants, was read the first time, and ordered to be read at the same time with the former again.

Friday Decemb. 17th.

Captain Castle petitioning to be discharged, was Cen­sured on his Knees at the Bar of the House; and dismis­sed, paying his Fees.

A Petition of one Richard Haines, desiring Leave that a Bill should be brought in for restraining Vn­grants, and promoting the Woollen Manufactures, was read, and committed to a Committee to prepare the said Bill.

Leave also was given to bring in a Bill for the more easy Collecting of the Hearth-Money.

The Additional ACT for Burying in Woollen was read and passed, and sent up by Sir George Downing to the Lords for their Concurrence.

A Bill for Continuance of two Acts, The one Enti­tuled, An Act for preventing the planting of Tobacco in England, and Regulating the Plantation Trade. The Other, An Act for Exporting Beer, Ale and Mum, was read a second time and committed.

Then the House agreed the Articles of Impeachment against Edward Seymour Esq; a Member of their House, and Ordered him to be taken into Custody of the Ser­jeant, till he should give Sufficient Security to their House to answer the said Impeachment: and the Ser­jeant at Arms was Ordered to take the said Security.

The Bill for restraining Papists from coming or resi­ding within the Cities of London or Westminster, &c. was read the second time, and committed.

Then the House resolved into a Committee of the whole House, and passed these three Resolves.

1. That a Bill be brought in for the more effectual Se­curing of the Meeting and Sitting of Frequent Parliaments, as one means to prevent Arbitrary Power.

2. That a Bill be brought in that the Judges hereafter to be made and Appointed, may hold their Places and Sa­laries quam diu se bene gesserint; and also to prevent the Arbitrary Proceedings of the Judges.

3. That a Bill be brought in against Illegal Exaction of Money upon the People, and to make it High Treason.

And a Committee was appointed to bring in a Bill or Bills pursuant to the said Resolves.

It may appear from hence, great care was taken to put the Monarchy out of a possibility of Arbitrary Power; but what then; is it impossible that there should be any Such Thing as Arbitrary power Exercised by any but a Monarch? Is not a Common-Wealth or a House of Commons as capable of Arbitrary power, as a King? Were the Proceedings of the Long Rebel-Parlia­ment [Page 86]Arbitrary or No? Were not Some of the Actions of this very House of Commons Arbitrary? I dare Say those that suffered by them thought them so, and the rest will be of the same mind if ever it comes to be their Turns to be so treated, which they are not sure but at one time or other may happen. At least I am sure the pul­ling down the Monarchy did Once before bring in Arbi­trary power with a Vengeance; and those that had cla­moured against it (as they do now) when there was no cause for it, durst not mutter a Sillable when there was: and if they did really believe there were any dan­ger of it Now, we should hear much less than we do of it.

On Saturday the 18th of December.

The Bill for taking away the Court holden before the President and Council in the Marches of Wales, was read the third time, and passed, and sent up to the Lords.

The rest of this day was spent in returning an Answer to his Majesties Speech.

On Munday following a Bill to prohibit the Impor­tation of Foreign Guns, was read the first time, and Or­dered a second reading.

And Mr. Aulnutt and Mr. Herbert were Ordered to be discharged, being first Censured on their Knees, and paying their Fees.

And that Sir John Lloyd Mayor, and William Jackson and William Clutterbuck late Sheriffs of Bristol, be sent for into Custody.

On Tuesday the 21 of December, The Bill for Ʋniting his Majesties Protestant Subjects to the Church of England, was read the second time, and committed upon the De­bate of the House.

And it was Ordered, That Leave be given to bring in a Bill or Bills for Inspecting and Correcting Pluralities [Page 87]and Non-Residences relating to Ecclesiastical Benefices.

The same day they delivered their Answer to his Ma­jesties late Speech on Wednesday the 15th of December; which I will here insert according to my promise.

My Lords and Gentlemen,

AT the Opening of this Parliament, I did ac­quaint you with the Alliances I had made with Spain and Holland, as the best Measures that could be taken for the Safety of England and the Repose of Christendom.

But I told you withall, That if Our Friendship became Unsafe to trust to, it would not be wondred at, if Our Neighbours should begin to take new Resolu­tions, and perhaps such as might be fatal to Us.

I must tell you, That Our Allies cannot but see how little hath been done since this Meeting, to Encourage their Dependance upon Us; and I find by them, That Unless We can be So United at home, as to make Our Alliance valuable to them, it will not be possible to Hinder them from Seeking some other Refuge, and making Such New Friendships, as will not be Con­sistent with Our Safety. Consider, that a Neglect of this Opportunity is Never to be repaired.

I did likewise lay the Matter plainly before You, touching the Estate and Condition of Tangier, I must Now tell you again, That if that Place be thought worth the Keeping, you must take such Consideration [Page 88]of it, that it may be speedily Supply'd, it being im­possible for Me to Preserve it at an Expence so far above My Power.

I did promise you the fullest Satisfaction your Hearts could wish, for the Security of the Protestant Reli­gion, and to Concur with you in any Remedies, Which might consist with Preserving the Succession of the Crown in its Due and Legal Course of Descent: and I do again with the same Reservations, renew the same Promises to You.

And being thus ready on My part to do all that can reasonably be Expected from Me, I should be glad to Know from You, as Soon as may be, how far I shall be Assisted by You, and what it is you desire from Me.

The Answer to this Speech was as followeth.

May it please Your Most Excellent Majesty,

WE Your Majesties Most Dutiful and Loyal Sub­jects the Commons in this present Parliament As­sembled, have taken into our Serious Consideration, Your Majesties Gracious Speech to both your Houses of Parlia­ment on the 15th of this Instant December, and do with all the grateful Sense of Faithful Subjects, and Sincere Of what Sort? Protestants, acknowledge Your Majesties So great Good­ness to us, in renewing the Assurances You have been pleased to give us of your readiness to Concur with us in any Means for the Security of the Protestant Religion, and your Gra­cious [Page 89]Invitation of us to make our Desires Known to Your Majesty.

But with grief of Heart we cannot but observe, that to these Princely Offers, Your Majesty hath been Advised, (by what Secret Enemies to Your Majesty and your People, we Know It is probable His Majesties constancy in this denyal, pro­ceeds from his own Prudence and Natural Affection, to his Royal Brother, at least it may be So for ought any thing they Know to the contrary. not) to Annex a Reservation, which if insisted on, in the instance to which alone it is Applicable, will render all your Majesties other Gra­tious Inclinations of no effect or ad­vantage to us. Your Majesty is plea­sed thus to limit your Promise of Concurrence in the Reme­dies which shall be proposed, that they may Consist with preserving the Succession of the Crown in its Due and Le­gal Descent. And we do Humbly Inform your Majesty, That No Interruption of that Descent For the present; but if this be granted once, who Knowes when it may? has been endea­voured by us, Except onely the Descent upon the Person of the Duke of York, who by the wicked Instruments of the Church of Rome has been manifestly perverted to their Religion. And we do Humbly represent to Your Majesty, as the Issue of our most deliberate Thoughts and Consultations The contrary of which is be­lieved true, not onely by the House of Lords; but by almost all the Gentry and better Part of the Nation, who have another Title besides that of Protestants at Large; viz. By Law Establish­ed, which these men durst never own., That for the Papists to have their Hopes Continued, That a Prince of that Re­ligion shall Succeed in the Throne of these Kingdoms, is Ʋtterly incon­sistent with the Safety of Your Maje­sties Person, the preservation of the Protestant Religion, and the Proper­ty, Peace and Welfare of your Pro­testant Subjects.

That your Majesties Sacred Life is in Continual Dan­ger under the Prospect of a Popish Successor, is evident, [Page 90]not onely from the Principles of those devoted to the Church of Rome, which allow that an Heretical Prince (and such they term all Protestant Princes) Excommunica­ted and deposed by the Pope, may be Destroyed and Murther'd; The same Principles varied in but one circumstance, are owned by the Dissenters and Common-Wealth Party, who are set up by the Exclusion as much as the Pa­pists are defeated, which ought to be considered at the same time. but also from the Testimonies given in the prosecution of the Horrid Popish Plot, against divers Traytors Attainted for designing to put those accursed Principles into practice against Your Majesty.

From the Expectation of this Succession, has the Num­ber of Papists in Your Majesties Dominions so much en­creased within these few Years, and so many been prevailed with to desert the true Protestant Religion, that they might be prepared for the Favours of a Popish Prince as soon as he should come to the possession of the Crown: The same inconveniences have arisen from the Expectation of another Common-Wealth & Pres­bytery. and while the same Expectation lasts, many more will be in the same dan­ger of being perverted,

This is that hath hardned the Papists of this Kingdom, Animated and Confederated by their Priests aod Jesuits, to make a Common Purse, Provide Arms, Make Applica­tion to Foreign Princes, and Solicit their Aid, for impo­sing Popery upon us; and all this even during Your Maje­sties Reign, and whilest Your Majesties Government and the Laws were our Protection.

It is Your Majesties Glory and True Interest to be the Head and Protector of all Protestants, It is mpossible for his Majesty to preserve this Glory, but by pre­serving his Kingly Dignity and Power, which is the foundation of the other; and the Attempts of the Common-wealth Party and the Dissenters, hath more dis­couraged his Majesties Allies abroad, and his true Loyal Sub­jects at home, Then either the Number of Popish Converts, the Plot, or the Fears or Hopes of a Popish Successor. as well Abroad as at Home: but if these Hopes remain, what Alliances can be made for the Advantage of the Pro­testant [Page 91]Religion and Interest, which shall give Confidence to Your Majesties Allies, to joyn so vigorously with your Majesty, as the State of that Interest in the World now requires, whilest they see this Protestant King­dome in so much danger of a Popish Successor, by whom at the present all their Councils and Actions may be Eluded, as hitherto they have been, and by whom (if he should Succeed) they are Sure to be destroyed.

WE have thus humbly layd before your Majesty, some of those great Dangers and Mischiefs which evidently ac­company the Expectation of a Popish Successor. The Certain and Ʋnspeakable Evils which will come upon Your Majesties Protestant Subjects and their Posterity, if such a Prince should Inherit, are more also than we can well enume­rate.

Our Religion, No, may not the Providence of God, and the Number and Con­stancy of its Professors defend and preserve the best Religion in the World during the Reign of one Popish Prince, when Po­pery hath preserved it Self under Four Princes together of our Re­ligion? which is now so dan­gerously shaken will then be totally Overthrown; Nothing will be left, or can be found to protect or defend it.

The Execution of all Old Laws must cease, and it will be in vain to Ex­pect New Ones. The most Sacred Obligations of Contracts and Promises (if any should be given) that shall be judged to be against the Interest of the Romish Religion, This Violation is not neces­sary, no nor probable, consider­ing the vast disproportion be­twixt the Papists and Protestants. will be violated, as is undeniable, not onely from Argument and Expe­rience elsewhere, but from the Sad Experience this Nation once had on the like occasion.

In the Reign of such a Prince the Pope will be acknow­ledged Supream, What shall the Pope be acknow­ledged as the King now is Supream in all Causes, as well Temporal as Ecclesiastical? Can any man that will stick to his Oath, be forced to acknowledg this New minted Papal Supremacy, which never had any being but onely in St. Pe­ter's Patrimony, where the Pope is a Temporal Prince? Must all Cases forthwith be drawn under his Jurisdiction? Then Wo be to Westminster-Hall. (though the Subjects have Sworn the con­trary) and all Causes either as Spiritual, or in order to Spiritual things, will be brought under his Jurisdiction.

The Lives Had the House any Prophets amongst them to fore-see this? If a Protestant Prince should have a mind to play such a Freake, it would not be possible to effect it; whence then shall the Popish one get so much more Power? Liberties, and Estates of all such Protestants, as value their Souls and their Religion more than their Secular Concernments, will be Adjudged forfeited.

To all this we might Add; That it appears in the Dis­covery of the Plot, Who invi­ted these Princes As­sistance? Who used these Argu­ments? From whom is the performance to be Expected? In all the Discovery, I never see the Duke Himself Charged to have Done or Said any of these things; and if Coleman and the Jesuits have Treated about them in his Name, but with­out his Order, from them onely the performance is to be Expected, who have no power; but if the Duke had promised these things himself, the impossibility of the thing will Excuse him Sufficiently from the obligation of so wicked and foolish an Engagement. That Foreign Princes were Invited to Assist in Securing the Crown to the Duke of York; with Arguments from his great Zeal to establish Popery, and to Extirpate Protestants (whom they call Hereticks) out of his Dominions; and Such will expect performance Ac­cordingly.

We further humbly beseech Your Majesty in your Great Wisdom to Consider, It is not likely but that his Ma­jesty did think of this before this Address had a being; and they should do well to Consider, That the Nature and Tem­per of the English Nation is Such, as Experience shewed us in the late Times, That an absolute Monarchy may be much more Easily Set up and Conti­nued amongst us, than a Common-Wealth; and therefore it is as possible that in case of Such an Opposition, the Duke may prevail and become Ab­solute it he please, as that he should be Overcome; and it is much more probable that this Royal Line will finally prevail, if he do not, and obtain the Succession, then that an Oliver Cromwell will be able to Settle it in a New Family, whom all will Hate and Envy. And it ought also to be Considered, France may Strike in and Settle The Monarchy, Duke, Popery and Arbitrary Government, in case of opposition, which is not likely with­out it: Or it May be may endeavour to get the Crown for himself or his Brother. However, Rebellion and Civil War are as destructive as Popery, and therefore Never to be chosen. Whether in Case the Imperial Crown of this Protestant Kingdom, should descend to the Duke of York; the opposition which may possibly be made to his possessing it, may not onely Endanger the further descent in the Royal Line, But even Monarchy it self.

For these Reasons we are most humble Petitioners to Your most sacred Majesty; I shall in the Conclu­sion shew his Majesty had much better Rea­sons in ten­der Com­miseration to his Poor Protestant Subjects, to deny their Petition and stick to the Reservation, tho I believe he may grant their Bill when it be tender'd in a Parliamentary way. But as for the Association, I suppose His Majesty will desire to be Excused as long as ever he is able to re­member how the Associated Counties and London defended His Fathers Person, and the Pro­testant Religion and Kingdom, and how difficult it will be to give him a Competent Security, That this Association against his Royal Brother, shall not be turned at one time or other, upon one pretence or other against him­self, or his Government, (of which no care it seems is to be taken) Especially after Such a Menace to the Monarchy: which I believe may be Immortal, if it remains till such an Act of Parliament pass. That in Tender Commiseration of your Poor Protestant People, Your Majesty will be Graciously plea­sed to depart from the Reservation in your said Speech; and when a Bill shall be tendered to Your Majesty in a Parlia­mentary way, to Disable the Duke of York from Inherit­ing the Crown, Your Majesty will give your Royal Assent thereto; and as Necessary to fortify and defend the same, That Your Majesty will likewise be Graciously pleased to Assent to an ACT, whereby Your Majesties Protestant [Page 94]Subjects may be enabled to Associate themselves for the defence of Your Majesties Person, the Protestant Religion, and the Security of Your Kingdoms.

These Requests we are Constrained Humbly to make to Your Majesty as of absolute Necessity for the Safe and Peaceable enjoyment of Our Religion. That is, come what will of Tan­gier and Flanders, the Peace of Christen­dome and the Power of France, till Your Majesty grant us these, we are resolved to concern our selves for Nothing. And when his Majesty hath granted them, and what follows, he need as little concern himself for the remainder.

Without these things the Alliances of England will not be Valuable, nor the People encouraged to Contribute to Your Majesties Service.

And as some further Means for the preservation both of our Religion and PROPERTY, we are Humble Suiters to Your Majesty, These two Paragraphs smell so strong of the 19 Propositions at Ʋxbridge, that I wonder more at them then all the rest of this Ad­dress; for tho they do not in terms ask the Nomination of all these Civil, Military and Naval Officers, yet that must be the Consequence of it; for if His Majesty be Judge of the Quali­ties of the Men which he im­ployes, he may say they are at present all of them so qualified as they desire, and then there is no Need of this Address in that particular: or if on such gene­ral terms they may be allowed to have these Changed, and His Majesty shall consent to it, they may Except in the same manner against any other men his Ma­jesty shall appoint, ad infinitum, till his Majesty shall Nominate themselves; or such men as they shall please to Nominate and Ap­point: and they that shall be so Nominated by the Commons, will without doubt pay their re­spects and obedience to them from whom they receive their preferment: and all others that hope to succeed them that are So appointed at first; will regard the profit arising from such pre­ferments, more than the glittering splendor of a Crown; and so his Ma­jesty being deprived of the dependance, and Consequently of the defence of these Officers, shall be Exposed Naked and Friendless to the Fury of those Reipublicans that Murthered his Royal Father, and the Religion by Law Established, to the Mercy of those that have Sworn the Ruine of it: And finally, the Property and Liberty of the Subject shall be Exposed to those men who have given the World too good an Account already what Trusty Guardians of them they are; ever to be trusted with them again, till the Memory of the late Times shall perish not onely as to the Memo­ries of Men, but Books and Records. But yet after all this, the branding those Gentlemen that were brought in (without the Least Exception) to Supply the places of those that were turned out of the Commission of the Peace and Lieutenancy, with the odious Titles of Men of Arbitrary Prineciples, and Favourers of Papists and Popery, is in my poor Judgment Much worse; and as it was impossible the Major part of the House should think so of them all, so I am fully perswaded if Passion had not had too great a dominion over them, they would Never have vented so Crude an Assertion in So August a place, in So Serious a Manner, to his Majesty and the whole World; they may be pleased to think of this again Now the heat perhaps is over: for as they have worded it, it can never be maintained; it being impossible to be known or proved, nor is any favourable Construction to be allowed to an Expression and Declaration so publickly and deliberate­ly made by so many men, in so publick a Trust. That from henceforth such Persons only may be Judges within the Kingdom of Eng­land and Dominion of Wales, as are men of Ability, Integrity and Known Affection to the Protestant Religion, and that they may hold their Offices and Salaries quam diu se bene ges­serint. That (several Deputy Lieu­tenants, and Justices of the Peace, [Page 95]fitly qualified for those Imployments, having been of late displaced, and others put in their room, Who are MEN of Arbitrary Principles, and Countenancers of Papists and Po­pery) Such onely may bear the Office of a Lord-Lieutenant as are persons of Integrity and Known Affection to the Protestant Religion; That De­puty-Lieutenants and Justices of the Peace may be also So qualified, and may be moreover Men of Ability, of Estates and Interest in their Coun­try.

That none may be imployed as Military Officers, or Officers in Your Majesties Fleet, but Men of Known Experience, Courage and Affection to the Protestant Religion.

These our Humble Requests being obtained, we shall on our parts be ready to Assist Your Majesty for the preserva­tion of Tangier, and for putting your Majesties Fleet into Such a Condition as it may preserve your Majesties Sove­raignty of the Seas, and be for the Defence of the Na­tion.

If Your Majesty hath or shall make any Alliances for Defence of the Protestant Religion, and Interest and Secu­rity of this Kingdom, this House will be ready to Assist and Stand by your Majesty in the Support of the same.

AFTER this our Humble Answer to Your Majesties Gracious Speech, Doubtless after all this fine Lan­guage and strong Reason, if any Evil Instrument, any man of Ar­bitrary Principles, or favourer of Papists or Popery, or finally if his Majesty or any Considerable part of the Nation, should thro humane infirmity happen to Su­spect either your Prudence in delaying the Care of these Great Things to so long a day, or your Loyalty in making these demands of your Natural Soveraign; or your Charity and Candor in be­stowing Commendations on your fellow Subjects his Majesties Of­ficers at the rate you have done; I say, if any such misfortune should happen; you are not to Wonder much at it, for great Merits and great Virtues, great Attempts and Heroick Undertakings are Seldom well received at present, but Posterity will Admire and Applaud them according to their Deserts. we hope no Evil instruments whatsoever shall be able to lessen your Majesties Esteem of that Fidelity and Affection we bear to Your Majesties Service; but that Your Majesty will always retain in your Royal Breast that Favourable Opinion of Ʋs your Loyal Commons, that those other good Bills which we have now under Consideration, Con­ducing to the great Ends we have before Mentioned, as also all Laws for the Benefit and Comfort of Your People, which shall from time to time be tendred for Your Majesties Royal [Page 97]Assent, shall find acceptance with Your Majesty.

I will here insert those Reasons I mentioned above against the Bill of Exclusion, which were delivered in the House of Commons the Fourth day of November before this Address, by a Great Person, a Member of that House, Sir L. J. by which letters I understand Sir Leoline Jenkins, one of the Principal Secretaries of State.

Sir,

I have spent much of my time in studying the Laws of this Land, and I pretend to know some­thing of the Law of Foreign Countries, as Well as of our own; and I have upon this occasion well con­sidered of them, but cannot find how we can Justifie the passing of this Bill, rather much against it.

First, I think it contrary to Natural Justice, that We should proceed to Condemnation not only before Conviction, but before we have heard the Party, or Examined any Witness about him, I am sure none in his defence. And to do this, by making a New Law of purpose, when you have Old Laws in being that have appointed a Punishment to his Crime, I humbly conceive is very Severe, and contrary to the usual Proceedings of this House, and the Birth-Right of every English-man.

Secondly, I think it is Contrary to the Principles of Our Religion, that we should dispossess a man of his Birth-Right, because he differs (from us) in point of Faith. For it is not agreed by all, that Dominion is [Page 98]sounded in Grace. For my part, I think there is more of Popery in this Bill, than there can possibly be in the Nation without it; for none but Papists and Fifth-Monarchy-men did ever go about to dis-inherit men for their Religion.

Thirdly, I am of opinion that the Kings of England have their Right from God alone, and that no Power on Earth can deprive them of it. And I hope this House will not attempt to do any thing, which is so precisely contrary not only to the Law of God, but the Law of the Land too. For if this Bill should pass, it would Change the Essence of the Monarchy, and Make the Crown Elective. For by the same reason that this Parliament may dis-inherit this Prince for his Religion; other Parliaments may dis-inherit an­other, upon some other pretence which they may Suggest, and so Consequently by such Exclusions elect whom they please.

Fourthly, It is against the Oath of Allegiance, taken in its own sense, without Jesuitical Evasions: For by binding all persons to the King, his Heirs and Succes­sors, the Duke as Presumptive. Heir must be under­stood. And I am of opinion that it cannot be dispen­sed withal. Sir, I will be very cautious how I dispute the Power of Parliaments. I know the Legislative is very great, and it ought to be so: But yet I am of opinion, That Parliaments cannot dis-inherit the Heir of the Crown, and that if such an ACT should pass, it would be invalid in it self. And therefore I hope it will not seem strange, that I should offer my Judgment against this Bill, while it is in Debate, in which I think I do that which is my Duty as a Member of this House.

Henry the Fourth of France was a Protestant, his [Page 99]People most Papists, who used some endeavours, to prevent his coming to the Crown; but when they found they were not likely to perfect their design without occasioning a Civil War, they desisted, con­cluding, that a Civil War would probably bring on them more misery than a King of a different Religion, and therefore Submitted. Sir, I hope we shall not permit our Passions to Guide us instead of Reason, &c. Thus far that Great Person.

To these Reasons if we please to add this other, That it is so far from preventing our Calamities, that it will Ascertain them at his Majesties Death with the Addi­tion of a Civil War, and in all likelyhood bring that upon us before that time; for so soon as ever the Bill pass, the Duke will have a Right to make a War upon England even in his Majesty's Life-time; and what may be the event of that, God onely Knows. However, to prevent Surprize, there must be A Standing Army or an Association Kept up as long as the Duke Lives; and what the Consequences of them are, may be foreseen without difficulty; the first Ruining the Liberties of the People, and the Second Endangering the Preroga­tives of the Crown; and both of them in the divided Condition England now is, in point of Religion, tend­ing to raise such Fears and Jealousies, as will be almost as Uneasie and as Unsafe as a Popish Successor; and all this brought upon us immediately; whereas the other is future and Contingent.

On Thursday the 23 d. of December,

The Commons Ordered, That the Thanks of the House should be given to Dr. Burnett for his Sermon Preached the day before, and likewise for his Book relating to the History of the Reformation of the Church of England; and that he be desired to Print his said Sermon, And [Page 100]on Thursday the 5th of January following, they Voted that he should be desired to proceed with and Compleat that good Work by him begun, in Writing the History of the Reformation of the Church of England.

They Ordered, That Leave should be given to bring in a Bill or Bills to Correct and Punish Atheisme, Blasphe­my, Swearing and Debauchery, and for the better Obser­vation of the Lords Day.

These and several other Crimes have grown and pre­vailed upon this Nation for want of a Church Discipline, and by reason of the Divisions amongst us in Points of Religion; and till these things be taken care of, all Laws against them will signifie Nothing. Yet it might de­liver the Government from the guilt of them, and there­fore it is heartily to be wished, that Care may be taken to perfect this good Design; and when further Care is taken of the Lords Day, some care would be taken of the other Feasts and Fasts by Law Established in the Church of England.

This day also the Lords returned the Additional Act for Burying in Woollen, passed without Amendment.

And by another Message Certified to the Commons, That at their Rising they would Adjourn to the Next Mun­day Seven-night after.

And by another Message they sent down Mr. Sey­mour's Answer to the Articles of Impeachment against him.

The same day the Commons also passed a Vote of an Extraordinary Nature, which was as followeth.

Resolved, That it is the Opinion of this House, That Mr. Joseph Brown ought to be restored to all the Offices and Places which were taken from him, by occasion of a Judgment given against him in the Court of Kings-Bench in Trinity Term 29 Caroli Secundi, upon an Information [Page 101]for publishing an Ʋnlicensed Book, called, The Long Par­liament Dissolved.

These Sorts of Writers were Now to be encouraged what might be, but what Benefit Brown had by this Vote, I never heard.

But the Next day being the 24th of December, they took occasion to Chastise one Richard Thompson Clerk, very Severely; for he having been Complained of by some of the Dissenters who were Now the White Boys, and the Sober Loyal Protestants; and it having been remitted to a Committee to enquire into his Misdemea­nors, the House upon the return of the Committee, passed these Votes.

Reselved N. C. That Richard Thompson Clerk, has publickly defamed His Sacred Majesty, Preached Sedi­tion, Vilified the Reformation, Promoted Popery by As­serting Popish Principles, Decrying 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 the Parliament; and that he is a Scandal and Reproach to his Function.

Resolved, That he be Impeached, and a Committee ap­pointed to prepare the said Impeachment, and that the Re­port and the Resolution of the House thereupon be forthwith Printed.

This Thompson was accused for several Expressions both in Preaching and Discourse: But they mostly fixed upon a Sermon Preached the 30th of January, 1679. See the Prin­ted Papers. wherein he said (it seems) the Presbyterians were such persons as the Devil Blusht at Accused Hamden for choc­sing to Rebel rather than pay the Ship-Money; which he said was the King's Right by Law. Accused Mr. Calvin to have been the first that Preached the King-Killing Doctrine: And from thence inferred, That a [Page 102]Presbyterian qua talis is as great a Traytor as any Priest or Jesuit: But one Witness saith he said, Worse. And that he had also frequently cast Evil Aspersions against Seve­ral Divines at Bristol of Great Note, viz. Mr. Chetwind, Mr. Standfast, Mr. Crossman, and Mr. Palmer and others, saying, That such as went to their Lectures were the Brats of the Devil.

2. That he had spoken in Sermons and elsewhere, several hard Things against the Petitions for the Sitting of the Parliament; as, That it was the Seed of Rebellion, and like to 41. &c.

3. That he had said, There was great Noise of a Popish Plot, but there was Nothing in it but a Presbyterian Plot, &c.

4. He was Accused to have approved of the Doctrine of the Church of Rome, in the Points of Justification, Au­ricular Confession, Penance, Extream Ʋnction, and Crisme, in Baptisme, and the Single Life of the Clergy; saying, That if he were as well Satisfied of other things as he was of these, he would not have been so long Separated from the Catholick Church.

5. He had spoken (as they said) some ill things of Queen Elizabeth, and Henry the 8th, as Church-Robbers; and against his Majesty too; which tho I care not to repeat, yet they are nothing in comparison to what the Dissen­ters have published in Print against his Majesty.

What Answer the Man would have made for himself, I know not, for the Parliament never brought him to an hearing.

But upon inquiry, I find, notwithstanding all this Clamour, the Man hath a great and good Report, for his Piety, Learning and Prudence; but his Zeal for the Re­ligion Established, drew this Storm upon him from the Exasperated Dissenters; who never stick thus to blast [Page 103]the Fame of Good Men when it serves their ill de­signs.

But to return from this Digression. The Bill for Exempting his Majesties Protestant Subjects dissenting from the Church of England from the Penalties of Certain Laws, was read a second time, and Committed upon a Debate of the House to the Committee to whom the Bill for Ʋniting of his Majesties Protestant Subjects was Com­mitted upon a Debate of the House.

Then the Bill for Banishing the Papists out of the King's Dominions, was read a second time, and com­mitted upon the Debate of the House.

Then the House adjourned till Thursday the 30th of December.

That day the House met and Ordered, That the Committee appointed to prepare Evidence against the 4. Popish Lords in the Tower, should look into the Evi­dence, and Report their Opinions to the House in Or­der to the further Directions and Proceedings of the House against them.

Resolved, That the several Writings, Papers and Pro­ceedings relating to such Members of the late Long Par­liament as received Allowances out of the Moneys appointed for Secret Services, be produced to this House.

Resolved N. C. That no Member of this House shall accept of any Office or Place of Profit from the Crown with­out Leave of the House, or any Promise of any such Office or Place of Profit during such time as he shall continue a Member of the House, and that the offenders herein shall be Expelled.

It seems they had discovered that some of their Zea­lous men were Selling themselves to the Court-Party for Preferment, and prepared this Vote to keep the Party together.

Friday the 31th of December.

The Bill for prohibiting the importation of Forein Guns, was read the second time and rejected.

Leave was also given to bring in a Bill for Regulating the abuses in making Casks, Barrels, and other Ves­sels. And

A Committee appointed to peruse the Laws relating to Weights and Measures, and to report their Opinions in the same, and to bring in a Bill or Bills for the better Regulating and Ascertaining the same.

Ordered also, That Leave be given to bring in a Bill for a General Naturalization of Alien-Protestants, and allowing them liberty to Exercise their Trades in all Corporations.

A Bill for Relief of the Subjects against Arbitrary Fines, was read a second time and committed.

Then the House Adjourned till Munday the 3d. of January.

Which day An Act for limiting the times of Importa­tion of Cattel from Scotland, being read the third time, passed, and was sent up to the Lords. Then

A Bill for Repealing an Act made in the 13th Year of his Now Majesties Reign, intituled, An ACT for the Well-Governing and Regulating of Corporations, was read the first time, and Ordered to be read again.

A Bill for the better discovery of Settlements to Su­perstitious Ʋses, was read the first time, and Ordered a second reading the Friday following at Ten of the Clock in a full House.

The same day the Lords sent down a Bill to the Com­mons, Intituled, An Act for distinguishing Protestant Dissenters from Popish Recusants. To which they desired the Concurrence of the House.

The Lords sent down another Message, to put the [Page 105]Commons in mind of the Bill for the Better regulating of the Tryals of the Peers of England.

And Another Message to acquaint them, That their Lordships had received a Petition from Mr. Seymour, for a speedy Tryal. Upon which the Commons read his Answer to their Impeachment, which had lyen by them some time; and ordered a Committee to prepare Evi­dence against him, and Manage it at his Tryal.

On Tuesday the 4th of January.

His Majesty sent the Commons another Message, which is as followeth.

CHARLES R.

HIS Majesty received the Address of this House with all the disposition they could wish, to comply with their reasonable desires; but upon per­using it, he is Sorry to See their Thoughts so wholly fixed upon the Bill of Exclusion, as to determine that all other Remedies for the Suppressing of Popery will be ineffectual; His Majesty is Confirmed in his Opi­nion against that Bill by the Judgment of the House of Lords, who rejected it. He therefore thinks there remains Nothing more for him to say in answer to the Address of this House, but to recommend to them the Consideration of all other Means for the Preser­vation of the Protestant Religion, in which they have no reason to doubt of his Concurrence, when ever they shall be presented to him in a Parliamentary way; and that they would Consider the present State of the [Page 106]Kingdom, as well as the Condition of Christendom, in Such a Manner as may inable him to Preserve Tan­gier, and Secure his Alliances abroad, and the Peace and Settlement at home.

This Message being read in the House, they Resol­ved to take into Consideration the Friday following in a full House.

The same day the Lords sent down a Vote which they made that day.

Die Martis 4 January, 1680.

Resolved by the Lords Spiritual and Temporal in Par­liament assembled, That they do declare that they are ful­ly Satisfied, that there now is, and for divers years last past there hath been, a Horrid and Treasonable Plot and Con­spiracy contrived and carried on by those of the Popish Re­ligion in Ireland, for Massacring the English, and Subvert­ing the Protestant Religion, and the ancient Established Government of that Kingdom; To which their Lordships desired the Concurrence of the Commons.

On Wednesday the 5th of January.

Richard Thompson was Ordered upon his Petition to give sufficient Security for his forth-coming to the Serjeant at Arms attending that House, to Answer to the Impeachment against him; and so was discharged of his Imprisonment.

I can see No reason why he should be prosecuted by an Impeachment in Parliament. It being beneath the Dignity of the Houses to Concern themselves with such a man as Mr. Thompson must needs be, who might much better have been proceeded against in the Spiri­tual [Page 107]or Civil Courts, (if the Accusations were all True;) but that his Blaspheming Calvin and the Loyal Presby­terian Protestants, would have signified Nothing there; as I believe they would not before the Lords, if he had been Tryed.

Formerly the Commons impeached none but such as were too great to be prosecuted any where else; and that but rarely, and upon great Necessity: This made them Venerable and Dreadful; but this Course for Small or No faults to impeach and imprison great Num­bers of Mean People which they followed in this Session, tended to Nothing but the Wasting their time: and Hin­dering greater Affairs to the damage of the King and Kingdome.

The same day the Commons agreed an Impeachment against Sir William Scroggs Knight, Chief Justice of the Court of Kings-Bench; and Ordered others to be drawn against Sir Francis North Chief Justice of the Court of Common-Pleas, Sir Thomas Jones, one of the Justices of the Kings-Bench, and Sir Richard Weston, one of the Ba­rons of the Exchequer. So they were resolved to find themselves work, tho they had refused to do the King's Business till that was granted, which was impossible to be had this Session of Parliament.

Thursday, the 6th of January, A Bill for the more Easie Collecting the Duty of Hearth-Money was read a second time and committed upon the Debate of the House,

A Bill for Repealing the Act for the Well-Governing of Corporations, was read the second time and commit­ted.

Sir Philip Skippon was Excused from being taken into Custody for his Default in not attending the House in the Call there of the Tuesday before.

Colonel Birch reporting from the Committee ap­pointed to receive Informations relating to the Popish Plott in Ireland, That the Committee, having proceeded upon the Matters to them referred, had taken several Exa­minations, and received the Answer of Sir John Davis, and had also perused several Informations transmitted from the House of Lords relating to the said Plott. All which he read in his place, and afterwards delivered the same in at the Clerks Table, where the same were again read.

The House then took into Consideration the Message sent from the Lords the Tuesday before, wherein they desired the Concurrence of the House, and Resolved,

That the House did agree with the Lords, with the ad­dition of these Words, That the Duke of York being a Papist, and the Expectation of his coming to the Crown, hath given the Greatest Countenance and Encouragement thereto, as well as to the Horrid Popish Plot in this King­dome of England.

And they resolved to deliver the said Vote to the Lords at a Conference, and Appointed a Committee to draw up Reasons to be offered at the said Conference.

Ordered, That the several Informations of John Mac­namara, Maurice Fitz-Gerrald, and James Mash, that day read to the House, relating to the Irish Plot, be forth­with Printed.

Resolved, That Rich. Poure Earl of Tyrone in the Kingdom of Ireland, be Impeached of High Treason; And that the Lord Dursley do go up to the Bar of the Lords and Impeach him, &c. and pray that he may be Committed to Safe Custody.

And further ‘Ordered, That the Committee appointed to prepare the Evidence against the Popish Lords in the Tower, do prepare the said Impeachment.’

Ordered, That the further Consideration of the said Re­port [Page 109]in relation to Arthur Earl of Anglesey and Sir John Davis, be Adjourned to Saturday Morning next at Ten of the Clock in a full House.

When it was Adjourned to Munday following, which was their last day, and gave them occasion for other Thoughts.

On Friday the 7th day of January.

The ingrossed Articles of Impeachment against Sir William Scroggs were Read, and sent up to the Lords by the Lord Cavendish.

A Bill to prevent Vexatious Actions, was read the first time, and Ordered a second reading.

A Bill to prevent the Symony of one person from prejudicing another, was read the first time, and Ordered a second reading.

The Bill of Discovery of Settlements of Estates for Superstitious Uses, was read the second time and com­mitted upon the debate of the House.

Then the House according to their Order, entred into Consideration of his Majesty's Message sent to the House the Tuesday before; and Voted as followeth.

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 the Dominions and Territo­ries thereunto belonging; and to rely upon any other means or remedies, without such a Bill, is not onely Insufficient but dangerous.

Resolved, That his Majesty in his last Message having assured this House of his readiness to Concur in all other means for the preservation of the Protestant Religion, this House doth declare, That until a Bill be likewise passed [Page 110]for Excluding the Duke of York, this House cannot give any Supply to his Majesty, without Danger to his Majesties Person, Extream Hazard of the Protestant Religion, and Ʋnfaithfulness to Those by whom this House is trusted.

It seems the loss of Tangier and of all our Alliances abroad, did not at all Hazard the Protestant Religion, or Endanger his Majesties Person.

Resolved, That all Persons who Advised his Majesty in his last Message to this House, to insist upon an Opinion against the Bill for Excluding the Duke of York, Have given pernicious Counsel to his Majesty, and Are Promo­ters of Popery, and Enemies to the King and King­dome.

Resolved, That George Earl of Halifax, Henry Mar­quess of Worcester, Henry Earl of Clarendon, in the Opi­nion of this House are persons who Advised his Majesty in his last Message to this House, to insist upon an Opinion against the Bill for Excluding the Duke of York, and have therein given pernicious Counsel to his Majesty, and are Promoters of Popery, and Enemies to the King and Kingdom.

Resolved, That an Humble Address be presented to his Majesty, to remove Lawrence Hide Esq: from his Majesties Councils and Presence, and from his Office in the Treasury for ever.

Resolved, That an Humble Address be presented to his Majesty, to remove Henry Marquess of Worcester, from his Presence and Councils, and all the Offices and Imployments of Honour and Profit, for ever.

Resolved, That it is the Opinion of this House, That Lewis Earl of Feversham is a Promoter of Popery and of the French Interest, and a Dangerous Enemy to the King and Kingdom. Resolved, That an Humble Address be made to his Majesty, to remove him from all Military Of­fices [Page 111]and Commands, and from all other Publick Offices and Imployments, and from his Majesties Councils and Presence for ever.

But here was no Addresses Voted against George Earl of Halyfax, nor Henry Earl of Clarendon.

A Motion being made also for an Address to his Ma­jesty, to remove Edward Seymour Esq; from his Maje­sties Council and Presence; it was Adjourned to the Munday following.

Having taken all this care to Chastise the Great Men, who as they believed had opposed them in this great business; in the Next place they undertook to Chastise his Majesty Himself, and if their design had taken ef­fect, as it is to be hoped it Never will, his Majesty and all his Successors should have Known what it is to Anger a House of Commons. However they meant well; for they

Resolved, That whoever should hereafter Lend or cause to be lent by way of Advance, any Money upon the Branches of the King's Revenue arising by Customs, Excise or Hearth-Money, (that is, all the principal Branches) shall be Ad­judged to hinder the Sitting of Parliaments, and shall be responsible for the same in Parliament.

Resolved, That whoever shall accept or buy any Tally of Anticipation upon any part of the King's Revenue; or whosoever shall pay such Tally hereafter to be struck, shall be adjudged to hinder the Sittings of Parliaments, and shall be responsable therefore in Parliament.

First they Resolve they would give nothing them­selves, and then they terrify all others as much as in them lyeth from Lending or Advancing any Money to him; which was not according to their Writ of Election to Advise his Majesty, but by duress to force and compel him to Submit to their better Judgment as became Loyal and Dutiful Subjects.

So that his Majesty might well say of these Votes, That instead of giving him assistance to Support his Allies, or enabling him to Preserve Tangier, they tended rather to disable him from contributing towards either, by his own Revenue or Credit, not only exposing him to all Dangers that might happen either at home or abroad; but endeavouring to deprive him of the pos­sibility of Supporting the Government it Self, and to reduce him to a more helpless condition than the mean­est of his Subjects. A Sad and a very Just Complaint, and Accordingly resented by that vast Number of People that have since Addressed to thank his Majesty for that Declaration.

On Saturday the 8th of January.

The Lords sent a Message to the Commons to ac­quaint them that their Lordships had appointed that day Sevennight for hearing the Cause upon the Im­peachment of Mr. Seymour, and that their House might reply if they thought fit, but they had no leisure to take notice of it.

Information being given to the House by the Serjeant at Arms that Sir John Lloyd, Sir Edward Philips, Her­bert Herring, Miles Baspole, [...] Iles, and Arthur Yeo­mans, who for divers great Misdemeanors by them com­mitted (as was pretended) against the Priviledge of their House, were Ordered to be taken in Custody of the said Serjeant, did Abscond themselves, that the said Order could not be put in Execution against them; hereupon they

Ordered, That an Humble Application should be made to his Majesty from their House, by Such Members thereof as were of his Majesties most Honourable Privy Council; desiring his Majesty to Issue out his Royal Proclamation for the Apprehending the said several persons, in case they [Page 113]should not render themselves to the Serjeant by a certain day therein to be limited.

The same day they Ordered, That a Committee should be Appointed to inspect the Journals of their House, and of the House of Lords, and Precedents, to Justify and Maintain, That the Lords ought to Commit Persons to Safe Custody when Impeached for High Treason by the Commons in Parliament, and to make report thereof to the House. Which Vote had relation to Sir William Scroggs.

And so we are come to the day that finally put an End to all their Proceedings, which was Munday the 10th day of January; and a great Wonder it was that his Majesty could endure them so long.

They began the day with a Vote, which shews the Mean­ing and Tendance of all the rest.

Resolved, That whosoever Advised his Majesty to Prorogue this Parliament to any other purpose than in order to the pas­sing of a Bill for the Exclusion of James Duke of York, is a betrayer of the King, the Protestant Religion, and of the Kingdom of England, A Promoter of the French Interest, and a Pensioner to France.

They Knew then that they were to be Prorogued, but they Knew not by whose Advice; and so if his Majesty did it without any Advice, then all these Hard words were thrown at him: but by whomsoever it were done, this Vote could have no good meaning or effect, and must end in Smoke or Tumults; and Confusion.

2. Resolved, That the Thanks of this House be given to the City of London for their Manifest Loyalty to the King, their Care, Charge and Vigilancy for the Preservation of his Maje­sties Person, and of the Protestant Religion.

Ordered, That the Members that Serve for the City of Lon­don, do accordingly give them the Thanks of the House.

Resolved, That it is the Opinion of this House, That the [Page 114]City of London was Burnt in the Year 1666, by the Papists, designing thereby to Introduce Arbitrary Power and Popery into the Kingdom.

Resolved, That the Commissioners of the Customes and other Officers of the Custom-House, have Wilfully broken the Law prohibiting the Importation of French Wines, and other Com­modities; and that if they shall hereafter Wilfully or Negli­gently break that Law; they shall be questioned therefore in Parliament.

Resolved, That it is the Opinion of this House, That James Duke of Monmouth hath been removed from his Offi­ces and Commands by the Influence of the Duke of York.

Ordered, That an humble Application be made to his Ma­jesty from this House, by such Members thereof as are of his Majesties Honourable Privy-Council, to desire his Majesty to restore the said James Duke of Monmouth, to his said Offi­ces and Commands.

This was excellently timed, and they had so obliged his Majesty, they might be sure he would not deny them.

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 Subject, a weakning of the Protestant Interest, and incouragement to Popery, and dan­gerous to the Peace of the Kingdom.

Here their Mouths were stopt by a Message from the King, by Edward Carteret Usher of the Black-Rod, Acquaint­ing them that the King Commanded them to Attend him immediately in the House of Peers. And there his Maje­sty Prorogued them to the Thursday Sevennight, being the 20th of that Instant January, 1680.

1. His Majesty gave his Royal Assent to the Act Prohi­ting the Importation of Cattle from Ireland.

2. To the Act for Supplying the late Act for Burying in Woollen.

3. And to an Act To rectifie Errors in Sir Charles Hough­ton 's Settlement.

There was another Act for Repeal of the Act of the 35 of Elizabeth ready to be passed, and it was Lost No body knew how, and was never tendred to his Majesty.

Soon after this Parliament was Dissolved by Proclama­tion, to the great Satisfaction of all but the Dissenters, who (if they had been able to consider things Aright) had as little reason to be pleased with their Proceedings as any of the rest; for they did them no other Service then to Exasperate the King and the Government against them and have made them to be more prosecuted and less pitied than they were before.

The Popish Party received almost as little damage by them as the Dissenters did Advantage; for they bending their force Equally against the Succession and Popery, all their Designs (if they had any beyond clamour) against the Papists were broken.

Their Arbitrary and Illegal Proceedings against the Ab­horrers of the Tumultuous Petitions for the Sitting of the Par­liament, procured more Friends to the Duke of York, then perhaps he would otherwise have had, and gave the English Gentry an Excellent Prospect what they might Expect from these Warm Gentlemen if ever they fell into their hands.

The King had a fair Warning also to look to Himself, and the Religion by Law Established, when he saw with how lit­tle Reverence these Protestants at Large treated him, while his Prerogatives were intire, and wholly in his Own Hands; and had he but yielded to them in the Point of the Duke of York, they would Soon have taught him, how little was to be gotten by Complying with men of their temper.

The only Service they did was to the French King: for our Allies beyond Seas seeing that No Assistance was to be Expected from England, Surrendred their strongest Towns [Page 116]to him for the Asking, and so suffered the worst effects of War in Peace.

The City of London Lost the hopes of having any more Parliaments amongst them till Times be better and more Settled, by their grateful Applications to them for their Loyalty and Care of the Protestant Religion at Large.

The Trade of a Considerable part of the Nation is ruined, not for want of Laws, but by too many, which have restrai­ned that intercourse and freedom that ought to be betwixt Us and our Neighbour Nations: yet I cannot say that this Parliament would have relieved the Nation in that point if they had Continued Longer, when it is considered with what care and industry the Act for the prohibition of Irish Cattel was carried against all opposition, tho it is damage­able to a very considerable part of the Nation, if not to the whole; and had these Gentlemen been equally concerned for the Suppressing of Popery, as they were for this ACT; Some of those Bills at least, that were sent down from the Lords, or began by the Commons, might have been ready as well as this for the Royal Assent.

Yet they had some very good Bills relating to Trade under consideration, but they were not so Zealous in that Concern as they ought to have been: but rather seemed to fear the State of the People on that account should be made too easie before they had obtained their other Ends of his Majesty and the Government,

Of this their Vote about the Act for prohibition of the French Trade may be an instance; for however that Act might be of great use, if the Dutch would consent to pro­hibit all Trade with them as well as We: yet as Long as they go on to Trade with them, and we do not, it onely tends to impoverish the King and Us; and Inrich them; and therefore ought to have been left at liberty till they and we can mutually agree to stop it.

Nor did the Protestant Religion by Law established, fare any better, for that being equally opposed by the Dissenters on one hand, and the Papists on the other, under pretence of Uniting us against the latter, the former were encouraged by their Votes and Bills to endeavour her ruine.

The Bill for Uniting his Majesties Protestant Subjects, is a perfect Toleration of almost all other Religions which are or shall be amongst us, except Popery; and had it, and the other Bill for Exempting them from the Penalties of the Laws made against the Popish Recusants passed, it would not have been possible to have Executed them or any other against the Papists. For it cannot be imagined that the Papists could not have been able to have got themselves Listed amongst some of our Dissenters or other, and then upon making the Declaration, and producing two Persons as Witness, that they believed them to be Protestant Dissen­ters, they would have had the liberty to have inflamed both those Dissenters that were Comprehended, and those that were Tolerated against the entire Conformists, and these again against them. And so both Popery should have gone unpunished, and the Feuds amongst our selves would have grown to that height, that nothing but a standing Army would have been able to have kept us in any tolerable quiet.

If the Ministers of the Church of England had been part of them entire Conformists, and part of them Presbyte­rians, those that were of the first sort, would have kept up the Religion Established as high or higher then now, and the other Party must have laid aside totally the use of the Common-Prayer as well as the Surplice, Cross, and Kneeling at the Lords Supper, or else their whole Party which now follow them, would have all left them, and so another Faction would have risen in the Church of Semi-Conformists, and all those that are without the [Page 118]Church would have continued, as now they are, under other Teachers, only more insolent, and more turbulent; and so instead of uniting us against the Papists and Popery, which is the pretended cause of the Act, we should have been more di­vided and Animated against each other then now we are.

It was one of the Rules prescribed by that Bill, That no per­son should be admitted to take the Declaration, who refused the Oaths of Allegiance and Supremacy when tendred unto him. Now this would have left all the Quakers, Anabaptists, and seve­ral other Sects in the same state of Persecution (as they call it) as they now are; and great Numbers of the Other Sects too, when they had considered of it, would have Scrupled it, as well as they in Scotland have done: and so those that were totally Excluded, would have been enraged against those that had been tolerated, as having betrayed them first, and then left them to the Severity of the Law, and by that time all these Parties, viz. the Rigid Conformists. 2. Semi-Confor­mists. 3. Tolerated, and Non-Tolerated Protestants, all enraged against each other, had for some time been fermented by the Jesuits and Popish Party, a man may guess what kind of Ʋnion there would have been amongst Protestants in England.

And when they had gained all this, what Security could have been given that they would have rested here? that Act which one Parliament makes, another may Repeal: and they would never have been Secure of Keeping what they had gained, but by taking care to fill the House of Commons in every Parliament with the most Factious men they could pick out; and they could never have maintained their reputation with the Party, but by pushing things forward, and so every Sessions something more must have been granted for the better Security of the Union, and removing of Fears and Jea­lousies, till at last we had been brought to the same state of Confusion his Majesty found us in at his Return.

That a considerable number of these Dissenters are as much [Page 119]against Monarchy as Conformity, is Apparent by their Books, discourses, and former practice. Now what Security should his Majesty have had, that when this Party had by impunity and time been strong enough to have dealt with the Loyal Party, they would not have endeavoured to be dispensed with from obeying him or any other King but Christ Jesus? and then Nothing could have united Protestants and Secured us against Popery, but the Laying aside the Kingly Govern­ment, and the Setting up a Common-wealth; and of this they have already given some Notable hints in their Pam­phlets: and when they are told the Exclusion of the Duke of York will onely Secure them once from a Popish Prince, and make them that follow more Cautious how they disco­ver themselves too soon; and that if any Actual King of England should turn Papist, which is as possible and more probable then that another Heir should do it, they would then be in the same state as if the Duke Succeeded: They constantly reply, That it is unreasonable it should be in the power of one man to reduce us to Popery; that is, It is not rea­sonable that Kingly Government should be any Longer Con­tinued amongst us.

From all which I conclude, That the project of Uniting Protestants by remitting the Laws against the Dissenters, is impossible; and that these Consequences being Obvious and Apparent before-hand; there could be no other design in the Attempt but the ruine of the Monarchy, and the intro­ducing Confusion, and War amongst us; at least these would certainly have followed.

So that the day a Toleration, or which is all one, an Ʋnion amongst Protestants upon the terms propounded, is settled, the Monarchy must be made Absolute, or it will not Stand: And Provision must be made to maintain a Standing Army bigg enough eo Keep all Parties Quiet, how much soever they are averse to it, or our Peace at home will not be Maintained [Page 120]And as to all Foreign affairs, England must look on, and suffer all things to go as they will; for Neither King nor Common-Wealth will be in a Condition to do any thing abroad in that unsettled state things will be at home; and by that time England comes to settle, France (if God interpose not by Miracles) will have brought under So many of its Neigh­bours, that England will be able to make no effectual resi­stance if it should be attacked by that Potent Kingdom.

Conclu­sion.

My dearest Countrymen, I humbly begg you would be pleased to reflect Seriously upon this in time, if it be not Now too late, and Unite heartily with His Majesty our most Gracious and Sweet-Natured Soveraign, and the Religion Established, and not suffer your selves to be led by pretended Fears into real and unavoidable Slavery and Consusion; at­tended with all the Miseries of War, and which (as much as Man can foresee) must end in Popery and a French Conquest of us.

I have laid the Matter plainly before you, not Knowing what may follow as to my Self; but this I am sure of, that Advantage I can have none by it. I am a private person, and I Expect so to live and die. I have no aim at any Publick Im­ployment or Place of Trust, nor any means to attain it if I had: I am Contented with the State God hath Set me In. And the Utmost I wish for is; to Leave things to my Poste­rity as they ought Now to be, if the Laws had their due Ef­fects; and therefore I am compelled by Nothing but my Zealous affection for my Country, which (next God and my own Soul) I love above all things, to run the hazard of giving you this Advice, and thereby drawing upon me the Malice and Revenge of all those that seek to Ruine and En­slave You.

As to those Gentlemen of the House of Commons, who may possibly take offence at What I have written, (for all I am [Page 121]sure will not) I desire they would in cool blood Consider what they have done, and then let them think of Me what they please: For if ever Faction, Anger, and ill designs were entertained by so great a Body of Men as the Major part of this House was, it is Apparent they were here. And I will instance in but a few Particulars, tho I might in more.

Can any mortal man produce either Precedent or Law to Justifie the Imprisonment of the Gentlemen called the Abhor­rers? Have the meanest people of England a right to Petition the King against his Express Command, in a thing of which he is the Sole Judge, by all our Laws; and that by Multitudes of Hands procured by men that have no authority for that purpose; and may not Grand-Juries, Justices of the Peace, and other such like persons oppose them, or which is less, disown it? But suppose they did more than they ought, was it fit to imprison them before they were allowed to defend them­selves? Gentlemen, it served your turn now, but it may one day be turn'd against you, and then consider how you will take it. The Corporations do Now most of them send Gentle­men, but they may when they please lay You by; and send Mechanicks, Trades-men, Shop-Keepers, How would your high spirits brook it to be sent for in Custody, and made to Kneel (without being Suffered to Speak, and onely for doing your duties) to such men, and so be sent home again? I am sure no English Gentleman can brook this indignity but with such inward Resentments as befit the Generosity and Temper of that Nation, or otherwise I must think we are prepared for Slavery; and all that Manly Courage that hath made our People Renowned in all Countries in the World, is de­generated into the Most Shameful Effeminacy and Cowar­dise. Onely in this case Religion and Loyalty made them yield, even to Injustice and Oppression. As long as his Sa­cred Majesty thought fit to Suffer it, they Submitted, but with such Thoughts as would have taught you more Justice and Moderation, if this had not been in the case.

Your styling all those Gentlemen that had been brought in to the Commission of the Peace in the room of some others displaced, MEN of Arbitrary Principles, and Countenancers of Papists and Popery; and if you could have invented more Odious Names and Words than these, you might with as much truth and ingenuity have bestowed them upon them. Was it fairly done, or was it not? Is it one of the Priviledges of your House to Vote Me a Jew or a Turk, or that I was one of those men that occasioned the Breach betwixt Charles the First and his Parliament? If it be, then I will say no more, but that I begg your Pardon; and Kneel down at the Bar of a House of Commons with the same Submission, as if I believed the Speaker Infallible, and every Member an Angel. But if your Votes ought to be not only Consonant to Law, but agreeable to the truth of things, then that Passage was hastily and passionately written, and not well Considered; and care ought to be taken for the future to Write more Cautiously, and Speak and Vote like Men that had a little respect to your Places.

Your Votes of the 7th of January 1680. concerning his Majesties Revenues and borrowing of Money upon them, are they justifiable or no? may I not lend the King 100 l. if I please without your leave, and not incur the danger of being reputed an Enemy to the Sitting of Parliaments? Suppose the French should Land in England or Ireland, or the Papists or Dissenters rise, and the King Want Money to sup­press the one, or drive out the other, must we hazard his and our Ruine, rather then supply him by a Lone in the In­tervals of Parliament, have we a Property in what is our own, and may we not use it as we see cause, without breach of Priviledge of Parliament?

Your Vote of the 10th of January, That the Prosecution of the Protestant Dissenters upon the Penal Laws, was at that time Grievous to the Subject, a Weakning of the Protestant Interest, [Page 123]an Incouragement to Popery, and Dangerous to the Peace of the Kingdom; is as little understood as any of the rest. Why was it made? To what Subject is it Grievous? To the Dis­senters? Why then let them leave their Dissenting to the Church of England and all will be well. What Protestant Interest doth it weaken, for there are more Protestant Inte­rests then one in the Nation? doth it weaken that Protestant Interest which is Settled by Law? Then say so. But how it doth encourage Popery, or endanger the Peace of the Nation, is yet Harder to be understood: but Suppose it did; what then? You may repeal the Laws, and Bills you had afoot, that would have Repealed them if they would have passed; but you were to be adjourned, and had not time to finish them: And did you think to have laid them asleep by your Single Vote, without the Consent of the Lords or the King? You should have done well then to have told the Nation that you have the whole Legislative Power in your hands, and that it is Contrary to Law for any man to Act against a Vote of the House of Commons, tho in Obedience to an Act of Parliament.

But that I may not seem to set up my own Single Judg­ment against a Whole House of Commons, I will insert an Au­thority or two Equal to them, in better Times tho they be Long. The first of which shall be an Address of the House of Commons the 28. of Febr. 1663.

May it please your Most Excellent Majesty,

WE Your Majesties most Dutiful and Loyal Subjects, the Knights, Citizens and Burgesses of the House of Commons in Parliament Assembled, having with all Fidelity and Obedience Considered of the Several Matters Comprised in Your Majesties late Gracious Declaration of the 26. of Decemb. Last, and your most Gracious Speech at the beginning of this presen [...] Session.

Do in the first place for our Selves, and in the Names of all the Commons of England, render to your most Sacred Majesty, the Tribute of our most hearty Thanks for all that infinite Grace and Goodness wherewith Your Majesty hath been pleased to pub­lish your Royal Intentions of adhering to your Act of Indemnity and Oblivion, by your Constant and Religious observance of it. And our Hearts are further enlarged in these returns of Thanks­givings, when we Consider Your Majesties most Princely and Heroick Professions of relying upon the Affections of your People, and Abhorring all Sort of Military and Arbitrary Rule. But above all, we can never enough remember, to the Honour of Your Majesties Piety, and our own unspeakable Comfort, those Solemn, and most endearing Invitations of us Your Majesties Sub­jects, to prepare Laws to be presented to Your Majesty, against the Growth and encrease of Popery; and withal to provide more Laws against Licentiousness and Impiety, at the same time de­claring Your Own Resolutions for Maintaining the Act of Vni­formity. And it becomes us always to acknowledg and Admire Your Majesties Wisdom in this your Declaration, whereby Your Majesty is pleased to resolve not onely by Sumptuary Laws, but by your Own Royal Example of Frugality, to restrain that Ex­cess in mens Expences, which is grown so general and so exorbi­tant, and to direct our endeavours to find out fit Laws for Ad­vancement of Trade and Commerce,

After all this, We humbly beseech Your Majesty to believe, that it is with Extream Ʋnwillingness and Reluctancy of Heart that we are brought to differ from any thing which your Majesty hath thought fit to propose. And though we do no way doubt but that the unreasonable distempers of Mens Spirits, and the Many Mutinies and Conspiracies which were carried on during the late Interval of Parliaments, did reasonably incline Your Majesty I suppose here is a word wanting. to ill humours, till the Parliament assembled, and the hopes of an Indulgence, if the Parliament should Consent to it; Espe­cially seeing the pretenders to this Indulgence did seem to make [Page 125]some title to it by virtue of Your Majesties Declaration from Breda. Nevertheless your Majesties most Dutiful and Loyal Subjects, who are Now returned to Serve in Parliament from those Several Parts and Places of Your Kingdom for which we were Chosen, do humbly offer to Your Majesties Great Wisdom, That it is in No Sort Adviseable, that there be any Indulgence to such persons who prefume to dissent from the Act of Unifor­mity and Religion Established, for these Reasons.

We have Considered the Nature of Your Majesties Declaration from Breda, and are Humbly of Opinion that Your Majesty ought not to be pressed with it any further.

Because it is not a Promise in it Self, but onely a Gracious declaration of Your Majesties Intentions to do what in you lay, and what a Parliament should Advise Your Majesty to do; and No such Advice was ever given or thought fit to be offered, nor could it be otherwise Ʋnderstood, because there were Lawes of Ʋniformity then in being, Note this. Which Could not be dispeused with but by Act of Parliament. They who do pretend a right to that Supposed Promise, put their right into the Hands of their Representatives whom they chose to Serve for them in this Parliament, who have passed, and your Majesty Consented to the ACT of Ʋniformity. If any shall presume to Say, That a right to the benefit of this Declaration doth still remain after this Act passed; it tends to dissolve the very Bonds of Govern­ment, and to Suppose a disability in Your Majesty, and your Houses of Parliament to make a Law contrary to any part of your Majesties Declaration, though both Houses should Advise Your Majesty to it.

We have also Considered the Nature of the Indulgence propo­sed, with reference to those Consequences which must Necessarily attend it.

It will Establish Schism by a Law, and make the whole Go­vernment of the Church precarious, and the Censures of it of No Moment or Consideration at all.

It will no way become the Gravity or Wisdom of a Parliament▪ to pass a Law at One Session for Ʋniformity, and at the Next Session, the reason for Ʋniformity Continuing still the same, to pass another Law to frustrate or Weaken the Execution of it.

It will Expose Your Majesty to the restless Importunity of every Sect or Opinion, and of every single person also, that shall presume to dissent from the Church of England.

It will be a cause of increasing Sects and Sectaries, whose Numbers will weaken the true Protestant profession so far, that it will at last become difficult for it to defend it self against them. And which is yet further Considerable, those Numbers which by being troublesom to the Government, find they can Ar­rive to an Indulgence, will, as their Numbers increase, be yet more troublesome, so at length they may arrive to a general Toleration, which Your Majesty hath declared against, and in time, some prevalent Sect will at last Contend for an Establish­ment, which for ought can be foreseen, may end in Popery.

It is a thing altogether without Precedent, and will take away all means of Convicting Recusants, and be inconsistent with the Method and Proceedings of the Laws of England.

Lastly, it is humbly Conceived, That the Indulgence propo­sed will be so far from tending to the Peace of the Kingdom, that it is rather likely to occasion great disturbance.

And on the Contrary, That the Asserting of the Laws and the Religion Established according to the Act of Uniformity, is the most probable Means to produce a Settled Peace and Obe­dience through the Kingdom; because the Variety of Professions in Religion, when Openly indulged, doth directly distinguish men into Parties, and withal gives them Opportunities to count their Numbers, which considering the Animosities that out of a religious Pride will be kept on foot by the several Factions, doth tend directly and inevitably to open disturbance: Nor can Your Ma­jesty have any Security, that the Doctrine or Worship of the Se­veral Factions, which are all governed by a Several Rule, shall be consistent with the Peace of the Kingdom.

And if any person shall presume to disturb the Peace of the King­dome, We do in all humility declare, That we will for ever, and upon all occasions be ready with our Ʋtmost Endeavours and Assistance, to Adhere to, and Serve Your Majesty according to our bounden Duty and Allegiance.

The Reason and Loyalty of this Address prevailed with his Majesty at that time, to lay aside all his Thoughts of an Indul­gence; and well had it been for him and us, if he had never re­assumed them: for from his forsaking this Advice in the Year 1671. Sprung all those Miseries that now so much threaten him and us. But tho his Majesty Changed, the Parliament kept their grounds; for in an Address dated the 14th of Feb. 1672. they assert against His Majesties Declaration of Indulgence dated the 15th of March before, That Penal Statutes in Matters Eccle­siastical, cannot be suspended but by Act of Parliament. We there­fore (say they) the Knights, Citizens and Burgesses of the House of Commons, do most humbly beseech Your Majesty, That the said Lawes may have their Free Course, until it shall be otherwise provided by Act of Parliament; and that Your Majesty would Graciously be plea­sed to give such Directions herein, that no Apprehensions or Jea ousies may remain in the Hearts of Your Majesties good and faithful Sub­jects.

The King not being Satisfied with this, but still insisting that he had a Right by his Supremacy to Suspend the Execution of Penal Laws in Ecclesiastical Affairs; They replyed the 26th of Feb. following, That no such Power was ever Claimed or Exer­cised by any of his Majesties Predecessors; and if it should be ad­mitted, might tend to the Interrupting of the Free Course of the Laws, and altering the Legislative Power, which hath always been acknowledged to reside in his Majesty, and the Two Houses of Par­liament. Therefore they did with an Ʋnanimous Consent become again Humble Suitors unto his Sacred Majesty, That he would be pleased to give them a full and Satisfactory Answer to their first Petition and Address; and that his Majesty would take such effe­ctual Order, That the Proceedings in this Matter might not be for the future drawn into Example.

To which said last Address, his Majesty was pleased to Con­descend so far, as to Order his Declaration of Indulgence to be taken off the File and Cancell'd.

Now the use I make of all, is to shew first, That the Opinion of an Excellent & Wise House of Commons was, That an Indul­gence, Toleration or Ʋnion, as they now call it, was of a Mischievous Nature, and would finally end in Confusion and Popery. Second­ly, That if it should be thought necessary to grant one, it being a Legislative Act, it must be by the Joynt Consent of the King and the Two Houses, and not by any one of them. And there­fore I will Leave it to the Consideration of the Gentlemen of that House to Judge, Whether they did well in passing the Vote of the 10th of January aforesaid, for the Suspension of all Penal Laws which relate to the Protestant Dissenters.

Some pretending to Excuse them, have said it was a Vote only in order to a Bill to be brought in for the taking those Laws away. But I answer, There were several other Bills for that purpose de­pending; and therefore this was in vain. Secondly, There is no mention of a Bill to be brought in in the Conclusion of the Vote. Thirdly, They knew they were to be Prorogued, as appears by their first Vote, and therefore Such a Design would have been im­possible.

Now if they had carried those few Points in this Session, First not onely to Deny the King any Supply, but to make it Criminal for any man to Lend him any Money upon his Revenues; they might then in another Session have gone further, and have made it Punishable for any man to have paid him his Just Settled, Le­gal Dues; and that would have made them able to have Forced this King or his Successors to what ever they had pleased.

Secondly, If they might have gone on to imprison his Majesty's Subjects in an Illegal and Arbitrary way, for Matters that had no relation to Priviledges of Parliament, they might afterwards have Extended this to as many Persons and Things as they had plea­sed, and so No man would have dared to have stood by His Majesty against a House of Commons, tho they had attempted to [Page 129] Depose his Majesty. Nor would his Majesty in a short time have been able to have Protected his Subjects against any injury that they or any of them had been pleased to have done them; which would infallibly have Subverted the Mo­narchy, and have introduced a Common-Wealth.

Thirdly, If they had got that great Branch of the Le­gislative Power into their hands, of suspending the Execu­tion of Laws by their Vote, they might have driven it as far as they pleased, and so have once more Outed the King and the House of Lords, as a former Parliament did by the Same Means. I will conclude this with the Judgment of a Great and a Learned Man. Clarendon's Answer to Hobbs, p. 127, 128. No Orders made by A House of Commons in England, are of any Validity or Force, or receive any Submission, longer then that House of Commons Continues; and if Any Order made by them be against any Law or Statute, it is Void when it is Made, and receives no Obedience.

His Majesty then had both Law and Reason on his Side, when he ended his Speech to the Next Parliament at Oxford, with these Words:

I WILL Conclude with this one Advice to you, That the Rules and Measures of all your Votes, may be the Known and Established Laws of the Land, which Neither Can, nor Ought to be Departed from, nor Chang'd, but by Act of Parliament: And I may the more reasonably Require, That You make the Laws of the Land your Rule, because I am Resolved they shall be Mine.

FINIS.

ADVICE TO THE READER.

HAving received the following Papers just as this Tractate was finished and Printed off, I thought my self obliged to Comply with the reasonable Re­quest of so many Persons of that Worth and Quality the Subscribers are: Thô at the same time I must confess, that neither I, nor this Treatise, do or can deserve that Cha­racter their Civility and Goodness have be­stowed on us.

Sir,

BEing Inform'd that you are upon a Continuation of that Excellent Work, Entituled, An Address to the Freemen and Freeholders of the Nation; and that the Third Part of it is now in the Press, we take the Freedom to Trouble you with this our Joynt-Request: That if you take any Notice of the Case of Mr. Richard Thompson of Bristol Clerk, in the Series of your Narration, you will be pleased to give Credit to the Report which we shall here offer you; And (if you think fitting) to Commu­nicate it to the Publick in his Justification and Defence. The Particulars hereof we have partly upon very Good Authority; And we are able to Testifie the Truth of the rest upon our own Knowledge and Experience as to the Character, Life, and Conversation of This Worthy Gen­tleman.

He was Born of Protestant Parents, and Educated in the Methods and Principles of the Church of England. He received his Orders of Priesthood from the Hands of Dr. Fuller Bishop of Lincoln, in the year 1670. Im­mediately upon this Qualification, he was sent by the Reverend Dr. Pierce to serve in his Cure of Brington in Northamptonshire; where he continued some Years with a very Fair Reputation.

About the year 1675. He removed from thence to Salisbury upon the Invitation of the said Dr. Pierce, then Dean of Sarum, where he liv'd with him in his own House.

In the year 1676. The Dean bestow'd upon him first a Prebend; And then a Presentation to St. Marie's in Marlborough.

In 1677. He Travail'd with Mr. Jo. Norborne of Calne in Wiltshire; but within less than a Twelvemonth he was [Page 133]Recall'd, upon the Vacancy of Bedminster by Bristol his Present Living.

When he was abroad, he neither Studyed at St. Omers, nor Douay, (as was suggested:) Nor ever saw those Places, nor pass'd into any part of Flanders or Italy, but France alone.

He spent near Seven Months of his time at Paris; and in the Academy of Monsieur Fonbert, a Protestant, still frequenting the English Ambassador's Chappel, and receiving the Sacrament there: And during his stay he Preach'd twice, and read Prayers often in That Chappel.

At Guien upon the Loyre, he sojourn'd all his time there with Monsieur Du Paizy the Protestant Minister, Frequent­ing the Protestant Church, and that only; Receiving the Sacrament also from the hands of Monsieur Du Paizy, to put those Men out of hope of Gaining him over that had already Sollicited him by fair Promises of Advantage to the Communion of the Church of Rome.

At Blois he kept himself also upon the same Reserve, avoiding even to Lodge in the House of a Romanist, but upon Absolute Necessity.

He was not yet so Rigorous as not to allow himself in a Curiosity to make an Acquaintance as well with Persons Eminent in their several Orders of the Church of Rome, as with the Famous Men of the Protestant Churches.

He does not deny but that he had twice or thrice seen Mass performed while he was abroad, but it was Curio­sity, not Religion that carried him thither: And that he is so far from being stagger'd in his Faith by any thing he saw abroad, that he is the more Confirm'd in it. And that he would rather Beg within the Communion of the Church of England, than be the greatest Person the Church of Rome could make him out of it,

Since his Return in 1678. No man hath kept himself more strictly to the Orders of the Church of England. He hath taken the Oaths of Allegiance and Supremacy at least Eight several times; Preaching and Acting in Con­formity thereunto. He never Refus'd any Test of Fide­lity to the Government, and Declares himself Ready to take any farther Tests that shall be lawfully impos'd up­on him.

Sir,

We have Extracted these Particulars from Evidences Un­contestable; and we reckon it our Duty to God, to the Church, to Common Justice, and to Persecuted Innocence, to Present This Account to your self, in hopes that you will Transmit it with your own Ingenious Reflexions to the View, and Consideration of the World.

We have Annexed hereunto a short Summary of what will be Attested on his behalf since he came to Bristol. And we have thereunto subjoyn'd several Fair and Ample Cer­tificates in his Vindication and Defence. We could have added many more, as particularly, A Certificate of the Right Reverend the Lord Bishop (Now) of Chichester, late of Bristol, who has been pleas'd to Certifie Mr. Richard Thompson, to be (in these very words) A Person of much more then ordinary Endowments for Learning, an Excellent Prea­cher, and which Crowns both the Former, a Man of a Clean Life, and Ʋnreproveable Conversation. A Person free from Novelties in Religion, but very sound and Orthodox in the Doctrines he Preaches; and thoroughly Conformable as to Discipline, &c. And then afterward, his Lordship Con­cludes thus.

I know no Young Man of his Years that better deserves very Good Preferment in our Church then This Young Man doth. And this I do Testifie sincerely from my Heart, and [Page 135]give under my Hand, this Fourteenth day of September, in the year of our Lord 1679. at my Palace in Chichester.

For the Truth and Authority of the whole Matter, we are willing and ready to become Answerable, and shall take it for a singular Kindness if you will be pleas'd to let These Testimonials pass into the World at the instance of

Sir,
Your humble Servants,
  • Thomas Eston, Mayor.
  • Sir Richard Crump, Kt.
  • Sir John Knight, Kt.
  • James Twyford.
  • Walter Gunter.
  • Thomas Davidge.
  • John Yeomans.

Touching Mr. THOMPSON's Care and Pains at BRISTOL in the Discharge of his Function there: And his Reputation among the Inhabitants of the said City.

1. IT is Undeniably known, That he hath brought over many Anabaptists, and Quakers to the Church of England there, and Baptized them Publickly.

2. That he hath Instructed, and Grounded many Hun­dreds of Children (who were afterward Confirmed by the Bishop of the Place) in the Catechism of the Church of England.

3. It is certain that he is never without a Full Audi­tory, whensoever he Preacheth, or when he Readeth the Prayers only: And that he hath in his time much encreased the Number of Communicants.

4. There are many most Worthy Gentlemen in That City, that will not be Ashamed to own their Establish­ment in the Church of England, to the great Pains which he hath taken With, and Among them.

Lastly, In Testimony of the High Esteem that the In­habitants of That City had of This Gentleman, they Met him, with a great many Horsemen, at his Return from his Persecution in London; and bad him Wellcom again to the Place of his Residence, with the Highest Expressions of Joy, and Acclamation.

Sir John Lloyd's Certificate concerning Mr. Thompson, under the Seal of the Office of his Majoralty.

WHereas Richard Thompson, Vicar of St. Mary Red­cliff, and St. Thomas, two Eminent Churches within the City of Bristol, even from the time of his first appearance to officiate in those Churches, hath been privily traduced, and now of late openly and malici­ously branded, by the multiforme Fanaticks of this City, for a Church-Papist and Jesuite, for the Rector of St. Omers, so Nick-naming St. Thomas, and with many like Terms of Obloquy and Slander, the Invention whereof may be reckon'd upon as the very first and peculiar gift of that Party, whose great and only Master-piece it hath been and still is, by like Maliciously Witty and Wicked Methods and Artifices to expose alike His Loyalty and Ministry, and to lessen that Esteem and Reputation he hath thereby gained in the Hearts and Affections of all the Kings Maje­sties Loyal & Loving Subjects within this City.

These are therefore at the Request of and just Due to the said Richard Thompson, to Certifie unto all, unto whom these Presents shall come, that the said Richard Thompson, is well known to me John Lloyd, Knight, and Major of the said City, and to all the Kings Majesties Loyal and Loving Subjects therein, to be a Person of most Innocent and Ex­emplary Life and Conversation, a most Constant and Care­ful Dispenser of God's most Holy Word unto the People under his Charge, a most Diligent and Zealous Assertor of the Kings Majesties Supremacy in all Causes Ecclesiastical and Civil, in opposition to all Schismatical and Factious Persons and Principles, under what Names soever they pass or prevail amongst us, and also of all the Christian Doctrines, together with the Rites and Ceremonies of the Church of England, as they are now Owned and Established by Law.

In Testimony whereof I have caused the Seal of my Of­fice of Majoralty to be affixed, Dated the Eighteenth Day of September, Anno Dom. 1679
John Lloyd, Major.

The Dean and Chapter of Sarum, their Certificate.

OMnibus quorum interest innotescat per Praesentes; Ricardum Thompson in Artibus Magistrum, & Vicarium de Bedminster juxta Bristoliam, quamdiu apud nos commoratus est, pie vitam, sobrie (que) & laudabiliter trad [...]xisse. In concionibus saepe habendis sedulo curam adhibuisse, strenue studiis Theologicis navasse operam; Nec unquam (quod scimus) docuisse quicquam vel tenuisse, quod Ecclesia Anglicana non etiam appobut atque tuetur. Cujus praesertim Disciplinae & superio­ribus quibuscunque ab omni parte conformem morigerumque se praestit it. In quorum omnium Testimonium, & fidem iisdem faciendam, nomina nostra & cognomina, plane & ex animo apposuimus, Sept. 13. Anno (que) Salutis reparatae. 1679.

  • Thomas Pierce Dec. Sarum
  • Daniel Whitby Praecentor Sarum
  • Ricardus Drake Cancellarius Sarum
  • Ricardus Hill Can. Resid. Sarum
  • Franciscus Horton Can. Resid. Sarum.

A Certificate Signed by several of his Auditors upon the Thir­tieth of January, 1679. being Persons of great Reputation for Loyalty as well as Fortune.

THese are to Certifie all whom it may concern, That we whose Names are hereunto Subscribed, were pre­sent at the Parish Church of St. Thomas within the City of Bristol, on the Thirtieth Day of January, 1679. where we then heard Mr. Richard Thompson Preach very so­lemnly on the Occasion of that Days Fast. To which Ser­mon every one of us for himself doth Declare, he was ve­ry attentive. And we do all hereby Certifie and Declare that we do not remember that the said Mr. Thompson, did then say in his Prayer, or Sermon, That there was no Popish Plot, but a Presbyterian Plot, or any thing to that or the like effect. And we are ready to make Oath of the same, if required. But on the contrary, we have heard him detest and abhor the Popish Plot. And we do further Certifie, That the said Mr. Thompson, is, and by all the time we have known him, hath been a True and Loyal Subject to our Most Gracious Soveraign, and of a very Sober and Pious Life and Conversation amongst us, every way suitable to his Function. Witness Our Hands this Thirteenth day of No­vember, 1680.

  • John Hicks, Alderman.
  • Sir Richard Crump, Ald.
  • Sir John Knight, Kt.
  • George Morgan.
  • Thomas Davidge,
  • Edmond Brand,
  • John Broadway,
  • Walter Gunter,
  • John Hellier,
  • John Oliff,
  • John Yeomans,
  • John Combes, Sheriff.
  • George Boucher,
  • Thomas Turner,
  • George Hart, Sheriff.
  • James Millerd,
  • Ralph Oliff,
  • James Twyford,
  • Daniel Pym,
  • Thomas Hartwell,
  • Edmund Arundel;
  • Richard Benson,
  • Francis Yeomans,
  • Thomas Durbin,
  • Charles Allen.
THE END.

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