A just and modest vindication of the proceedings of the two last parliaments
         Jones, William, Sir, 1631-1682.
      
       
         
           1682
        
      
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             A just and modest vindication of the proceedings of the two last parliaments
             Jones, William, Sir, 1631-1682.
             Ferguson, Robert, d. 1714.
          
           48 p.
           
             s.n.,
             [London :
             1682]
          
           
             Caption title.
             Written by Sir William Jones. Cf. DNB.
             Also attributed to Robert Ferguson. Cf. Halkett & Laing.
             Imprint from Wing.
             Reproduction of original in Bodleian Library.
          
        
      
    
     
       
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           Great Britain -- Politics and government -- 1660-1688.
        
      
    
     
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           A
           Just
           and
           Modest
           Vindication
           of
           the
           proceedings
           of
           the
           Two
           last
           PARLIAMENTS
           ,
        
         
           THE
           Amazement
           which
           seiz'd
           every
           good
           Man
           ,
           upon
           the
           unlook'd
           for
           Dissolution
           of
           two
           Parliaments
           within
           three
           Moneths
           ,
           was
           not
           greater
           than
           at
           the
           sight
           of
           a
           Declaration
           pretending
           to
           justifie
           ,
           and
           give
           Reasons
           ,
           for
           such
           extraordinary
           proceedings
           .
        
         
           It
           is
           not
           to
           be
           denyed
           but
           that
           our
           Kings
           have
           in
           a
           great
           measure
           been
           Intrusted
           with
           the
           Power
           of
           calling
           &
           declaring
           the
           Dissolutions
           of
           Parliaments
           .
           But
           least
           through
           defect
           of
           Age
           ,
           Experience
           ,
           or
           Understanding
           ,
           they
           should
           at
           any
           time
           forget
           ,
           or
           mistake
           our
           Constitution
           ;
           or
           by-Passion
           ,
           private
           Interest
           ,
           or
           the
           influence
           of
           ill
           Counsellors
           ,
           be
           so
           far
           misled
           as
           not
           to
           Assemble
           Parliaments
           ,
           when
           the
           Publick
           Affairs
           require
           it
           ;
           or
           to
           Declare
           them
           Dissolved
           before
           the
           ends
           of
           their
           Meeting
           were
           Accomplished
           :
           The
           Wisdom
           of
           our
           Ancestors
           has
           provided
           ,
           by
           divers
           Statutes
           ;
           both
           for
           the
           holding
           of
           Parliaments
           Annually
           ,
           
           and
           that
           they
           should
           not
           be
           Prorogued
           or
           Dissolved
           till
           all
           the
           Petitions
           ,
           &
           Bills
           before
           them
           were
           answered
           and
           Redressed
           .
           The
           Constitution
           had
           been
           equally
           Imperfect
           and
           Destructive
           of
           it self
           ,
           had
           it
           been
           left
           to
           the
           choice
           of
           the
           Prince
           ,
           whether
           he
           would
           ever
           Summon
           a
           Parliament
           ,
           or
           put
           into
           his
           power
           to
           dismiss
           them
           Arbitrarily
           at
           his
           pleasure
           .
        
         
         
           That
           Parliaments
           should
           thus
           Meet
           ,
           and
           thus
           Sit
           ,
           is
           secured
           to
           us
           by
           the
           same
           Sacred
           tye
           ,
           by
           which
           the
           King
           at
           his
           Coronation
           does
           Oblige
           himself
           ,
           to
           let
           his
           Judges
           Sit
           to
           distribute
           Justice
           every
           Term
           ,
           and
           to
           preserve
           Inviolably
           all
           other
           Rights
           and
           Liberties
           of
           his
           Subjects
           .
           Therefore
           abruptly
           to
           Dissolve
           Parliaments
           at
           such
           a
           time
           ,
           when
           nothing
           but
           the
           Legislative
           Power
           ,
           and
           the
           United
           Wisdom
           of
           the
           Kingdom
           could
           Relieve
           us
           from
           our
           Just
           Fears
           ,
           or
           secure
           us
           from
           our
           certain
           Dangers
           ▪
           is
           very
           unsuitable
           to
           the
           great
           Trust
           reposed
           in
           the
           Prince
           ,
           and
           seems
           to
           express
           but
           little
           of
           that
           Affection
           which
           we
           will
           always
           hope
           His
           Majesty
           bears
           towards
           His
           People
           &
           the
           Protestant
           Religion
           .
           But
           't
           is
           not
           onely
           of
           the
           Dissolution
           it self
           that
           we
           Complain
           .
           The
           manner
           of
           doing
           it
           ,
           is
           unwarranted
           by
           the
           Precedents
           of
           former
           Times
           ,
           &
           full
           of
           dangerous
           Consequents
           .
           We
           are
           taught
           by
           the
           Writ
           of
           summons
           ,
           that
           Parliaments
           are
           never
           called
           without
           the
           advice
           of
           the
           council
           ,
           and
           the
           usage
           of
           all
           Ages
           has
           been
           never
           to
           send
           them
           away
           without
           the
           same
           Advice
           .
           To
           forsake
           this
           safe
           method
           is
           to
           expose
           the
           King
           Personally
           to
           the
           Reflections
           and
           Censures
           of
           the
           whole
           Nation
           for
           so
           ungrateful
           an
           Action
           .
           Our
           Laws
           have
           taken
           care
           to
           make
           the
           King
           always
           dear
           to
           his
           People
           ,
           and
           to
           preserve
           his
           Person
           Sacred
           in
           their
           esteem
           ,
           by
           wisely
           preventing
           him
           from
           appearing
           as
           Author
           of
           any
           thing
           which
           may
           be
           unacceptable
           to
           them
           .
           'T
           is
           therefore
           that
           he
           doth
           not
           Execute
           any
           considerable
           Act
           of
           Regal
           Power
           ,
           till
           it
           be
           first
           Debated
           and
           Resolved
           in
           Council
           ,
           because
           then
           't
           is
           the
           Counsellors
           must
           answer
           for
           the
           Advice
           they
           Give
           ,
           and
           are
           Punishable
           for
           such
           Orders
           as
           are
           Irregular
           and
           Illegal
           .
           Nor
           can
           his
           Ministers
           justifie
           any
           unlawful
           action
           under
           the
           color
           of
           the
           Ks.
           Commands
           ,
           since
           all
           his
           Commands
           that
           are
           contrary
           to
           Law
           ,
           are
           void
           ;
           (
           which
           is
           the
           true
           Reason
           of
           that
           well
           known
           Maxim
           ,
           that
           the
           King
           can
           do
           no
           wrong
           .
           )
           A
           Maxim
           just
           in
           it self
           and
           alike
           safe
           for
           the
           Prince
           ,
           and
           for
           the
           Subject
           ,
           there
           being
           nothing
           more
           absurd
           ,
           then
           that
           a
           Favorite
           should
           excuse
           his
           enormous
           Actings
           by
           a
           pretended
           Command
           ,
           which
           we
           may
           reasonably
           suppose
           he
           first
           procured
           to
           be
           laid
           upon
           himself
           .
           But
           we
           know
           not
           whom
           to
           charge
           with
           Advising
           this
           last
           Dissolution
           :
           It
           was
           a
           work
           of
           Darkness
           ,
           and
           if
           we
           are
           not
           Misinform'd
           ,
           the
           Privy
           Council
           was
           as
           much
           surpriz'd
           at
           it
           as
           the
           Nation
           .
        
         
         
           Nor
           will
           a
           future
           Parliament
           be
           able
           to
           Charge
           any
           Body
           as
           the
           Author
           or
           Adviser
           of
           the
           late
           Printed
           Paper
           ,
           which
           bears
           the
           Title
           of
           
             His
             Majesties
             Declaration
          
           ,
           though
           every
           good
           Subject
           ought
           to
           be
           careful
           how
           he
           calls
           it
           so
           .
           For
           His
           Majesty
           never
           speaks
           to
           his
           People
           as
           a
           King
           ,
           but
           either
           Personally
           in
           his
           Parliament
           ,
           or
           at
           other
           times
           under
           his
           Seal
           ,
           for
           which
           the
           Chancellor
           or
           other
           Officers
           are
           Responsible
           ,
           if
           what
           passes
           them
           be
           not
           Warranted
           by
           Law.
           Nor
           can
           the
           direction
           of
           the
           Privy
           Council
           enforce
           any
           thing
           upon
           the
           People
           unless
           that
           Royal
           and
           Legal
           stamp
           gives
           it
           an
           Authority
           .
           But
           this
           Declaration
           comes
           abroad
           without
           any
           such
           Sanction
           ,
           and
           there
           is
           no
           other
           ground
           to
           ascribe
           it
           to
           His
           Majesty
           ,
           than
           the
           uncertain
           Credit
           of
           the
           Printer
           ,
           whom
           we
           will
           easily
           suspect
           of
           an
           Imposture
           ,
           rather
           than
           think
           the
           King
           would
           deviate
           from
           the
           approved
           course
           of
           H●s
           Illustrious
           Ancestors
           ,
           to
           pu●sue
           a
           New
           and
           Unsuccessful
           Method
           .
        
         
           The
           first
           Declaration
           of
           this
           sort
           ,
           which
           I
           ever
           met
           with
           ,
           being
           that
           which
           was
           published
           in
           the
           Year
           ,
           1628.
           
           Which
           was
           so
           far
           from
           answering
           the
           ends
           of
           its
           coming
           out
           ,
           that
           it
           fill'd
           the
           whole
           Kingdom
           with
           Jealousies
           ,
           and
           was
           one
           of
           the
           first
           sad
           Causes
           of
           the
           ensuing
           Unhappy
           War.
           
        
         
           The
           Truth
           is
           ,
           Declarations
           to
           justifie
           what
           Princes
           do
           ,
           must
           always
           be
           either
           needless
           or
           ineffectual
           .
           Their
           Actions
           ought
           to
           be
           such
           as
           may
           recommend
           themselves
           to
           the
           World
           ,
           and
           carry
           their
           own
           Evidence
           along
           with
           them
           of
           their
           usefulness
           to
           the
           Publick
           ,
           and
           then
           no
           Arts
           to
           justifie
           them
           will
           be
           necessary
           .
           When
           a
           Prince
           descends
           so
           low
           as
           to
           give
           his
           Subjects
           Reasons
           for
           what
           he
           has
           done
           ,
           he
           not
           only
           makes
           them
           Judges
           whether
           there
           be
           any
           weight
           in
           those
           Reasons
           ,
           but
           by
           so
           unusual
           a
           submission
           gives
           cause
           to
           suspect
           ,
           that
           he
           is
           conscious
           to
           himself
           that
           his
           Actions
           want
           an
           Apology
           .
           And
           if
           they
           are
           indeed
           unjustifiable
           ,
           if
           they
           are
           Opposite
           to
           the
           inclinations
           ,
           &
           apparently
           destructive
           of
           the
           Interests
           of
           his
           Subjects
           ,
           it
           will
           be
           very
           difficult
           for
           the
           most
           Eloquent
           or
           Insinuating
           Declaration
           ,
           to
           make
           them
           in
           Love
           with
           such
           things
           .
           And
           therefore
           they
           did
           certainly
           undertake
           no
           easie
           task
           in
           pretending
           to
           perswade
           Men
           who
           see
           themselves
           exposed
           to
           the
           restless
           Malice
           of
           their
           Enemies
           ,
           who
           observe
           the
           languishing
           condition
           of
           the
           Nation
           ,
           &
           that
           nothing
           but
           a
           Parliament
           can
           provide
           Remedies
           for
           the
           great
           Evils
           which
           they
           Feel
           and
           Fear
           ;
           that
           two
           several
           Parliaments
           ,
           
           upon
           whom
           they
           had
           placed
           all
           their
           hopes
           ,
           were
           so
           suddenly
           broken
           out
           of
           kindness
           to
           them
           ,
           or
           with
           any
           regard
           to
           their
           Advantage
           .
           It
           was
           generally
           believed
           that
           this
           age
           would
           not
           have
           seen
           another
           Declaration
           ,
           since
           Colemans
           was
           so
           unluckily
           published
           before
           its
           time
           :
           Not
           only
           because
           thereby
           the
           World
           was
           taught
           how
           little
           they
           ought
           to
           rely
           upon
           the
           sincerity
           of
           such
           kind
           of
           Writings
           ,
           but
           because
           that
           was
           a
           Master-peice
           ,
           which
           could
           hardly
           be
           equall'd
           ,
           and
           our
           present
           Ministers
           may
           well
           be
           out
           of
           countenance
           ,
           to
           see
           their
           Copy
           fall
           so
           very
           much
           short
           of
           the
           Original
           .
        
         
           But
           should
           this
           Declaration
           be
           suffered
           to
           go
           abroad
           any
           longer
           under
           the
           Royal
           Name
           ,
           yet
           it
           will
           never
           be
           thought
           to
           have
           proceeded
           from
           His
           Majesties
           inclination
           or
           his
           Judgement
           ,
           but
           to
           be
           gained
           from
           him
           by
           the
           Artificies
           of
           the
           same
           ill
           Men
           ,
           who
           not
           being
           content
           to
           have
           prevailed
           with
           him
           to
           Dissolve
           two
           Parliaments
           only
           to
           protect
           them
           from
           Publick
           Justice
           ,
           do
           now
           hope
           to
           excuse
           themselves
           from
           being
           thought
           the
           Authors
           of
           that
           Counsel
           by
           making
           him
           Openly
           to
           Avow
           it
           .
           But
           they
           have
           discovered
           themselves
           to
           the
           Kingdom
           ,
           and
           have
           told
           their
           own
           Names
           ,
           when
           they
           number
           amongst
           the
           great
           Crimes
           of
           the
           House
           of
           Commons
           ,
           their
           having
           
             Declared
             divers
             Eminent
             Persons
             to
             be
             Enemies
             to
             the
             King
             and
             Kingdom
             .
          
           'T
           is
           our
           happiness
           that
           the
           Cunning
           of
           these
           
             Eminent
             Persons
          
           is
           not
           equal
           to
           their
           Malice
           ,
           in
           that
           they
           should
           thus
           unwarily
           make
           themselves
           known
           when
           they
           had
           so
           secretly
           and
           with
           so
           much
           Caution
           given
           the
           Pernicious
           Advice
           .
           None
           could
           be
           offended
           at
           the
           proceedings
           of
           the
           Parliaments
           but
           they
           who
           were
           obnoxious
           ,
           none
           could
           be
           concern'd
           to
           vindicate
           the
           Dissolution
           but
           they
           who
           had
           Advised
           it
           .
           But
           they
           have
           perform'd
           this
           last
           undertaking
           after
           such
           a
           sort
           that
           they
           have
           left
           themselves
           not
           only
           without
           a
           Justification
           but
           without
           all
           pretence
           herafter
           .
           The
           People
           were
           willing
           to
           think
           it
           the
           Unfortunate
           effect
           of
           some
           suddain
           and
           precipitate
           Resolution
           ,
           but
           since
           they
           have
           now
           publickly
           assured
           us
           ,
           that
           it
           was
           the
           result
           of
           Counsel
           and
           Deliberation
           ,
           they
           cannot
           blame
           us
           for
           hoping
           one
           day
           to
           see
           Justice
           done
           upon
           such
           Counsellors
           .
        
         
           But
           though
           to
           the
           dishonour
           of
           our
           Country
           it
           does
           appear
           that
           some
           English
           men
           were
           concern'd
           in
           the
           unhappy
           Advice
           ,
           of
           breaking
           the
           two
           last
           Parliaments
           ,
           and
           setting
           out
           this
           pretended
           defence
           of
           it
           ,
           yet
           the
           Gallicisms
           which
           are
           found
           in
           the
           
           Paper
           shew
           the
           Writer
           to
           have
           been
           of
           another
           Nation
           ,
           or
           at
           least
           to
           have
           had
           his
           thoughts
           so
           much
           taken
           up
           for
           the
           interests
           of
           France
           ,
           (
           whilst
           he
           was
           laboring
           this
           way
           to
           heighten
           and
           perpetuate
           the
           differences
           between
           the
           King
           and
           his
           People
           ,
           )
           that
           he
           could
           not
           express
           himself
           in
           any
           other
           idiom
           then
           theirs
           ,
           he
           would
           not
           otherwise
           have
           introduced
           the
           King
           saying
           ,
           That
           
             it
             was
             a
             matter
             extreamly
             sensible
             to
             Vs
          
           ;
           a
           form
           of
           speech
           peculiar
           to
           the
           French
           ,
           and
           unknown
           to
           any
           other
           Nation
           .
           The
           Reader
           (
           who
           understands
           that
           Language
           )
           will
           observe
           so
           many
           more
           of
           this
           Kind
           as
           will
           give
           him
           just
           cause
           to
           doubt
           ,
           whether
           the
           whole
           Paper
           was
           not
           a
           Translation
           ,
           and
           whether
           the
           English
           one
           ,
           or
           that
           which
           was
           published
           in
           French
           was
           the
           Original
           .
        
         
           Let
           us
           then
           no
           longer
           wonder
           that
           the
           time
           of
           Dissolving
           our
           Parliaments
           is
           known
           at
           Paris
           sooner
           then
           at
           London
           ,
           since
           't
           is
           probable
           the
           Reasons
           now
           Given
           for
           it
           were
           formed
           there
           too
           .
           The
           Peers
           at
           Oxford
           were
           so
           totally
           ignorant
           of
           the
           Council
           ,
           that
           they
           never
           once
           thought
           of
           a
           Dissolution
           ,
           till
           they
           heard
           it
           pronounced
           ;
           but
           the
           Dutchess
           of
           Mazarine
           had
           better
           Intelligence
           ,
           and
           published
           the
           News
           at
           St.
           
           James's
           many
           hours
           before
           it
           was
           done
           .
           This
           Declaration
           was
           not
           Communicated
           to
           the
           Privy
           Council
           till
           Friday
           the
           8.
           of
           April
           ,
           when
           His
           Majesty
           (
           according
           to
           the
           late
           method
           )
           did
           Gratiously
           declare
           to
           them
           his
           pleasure
           to
           set
           it
           forth
           ,
           without
           desiring
           from
           them
           any
           Advice
           in
           the
           matter
           ,
           but
           Monsieur
           Barillon
           ,
           the
           French
           Ambassador
           did
           not
           only
           Read
           it
           to
           a
           Gentleman
           the
           fifth
           of
           April
           ,
           but
           advised
           with
           him
           about
           it
           and
           demanded
           his
           Opinion
           of
           it
           ,
           which
           his
           Excellency
           will
           the
           better
           remember
           because
           of
           the
           great
           liberty
           which
           the
           Person
           took
           in
           Ridiculing
           it
           to
           his
           Face
           .
           
             Good
             God
             ,
             to
             wh●t
             a
             Condition
             is
             this
             Kingdom
             reduced
             ,
             when
             the
             Ministers
             and
             Agents
             of
             the
             only
             Prince
             in
             the
             World
             ,
             who
             can
             have
             Designs
             against
             us
             ,
             or
             of
             whom
             we
             ought
             to
             be
             afraid
             ,
             are
             not
             only
             made
             acquainted
             with
             the
             most
             secret
             Passages
             of
             State
             ,
             but
             are
             made
             our
             Cheif
             Ministers
             too
             ,
             and
             have
             the
             Principal
             Conduct
             of
             our
             Affairs
             .
          
           And
           let
           the
           World
           judge
           if
           the
           Commons
           had
           not
           Reason
           for
           their
           Vote
           ,
           when
           they
           Declared
           those
           
             Eminent
             Persons
          
           who
           manage
           things
           at
           this
           rate
           ,
           
             to
             be
             Enemies
             to
             the
             King
             and
             Kingdom
             ,
             and
             Promoters
             of
             the
             French
             Interest
             .
          
        
         
           Whosoever
           considers
           the
           Actions
           of
           our
           Great
           Men
           ,
           will
           not
           think
           it
           strange
           that
           they
           should
           be
           hard
           put
           to
           it
           to
           find
           out
           
           Reasons
           which
           they
           might
           give
           for
           any
           of
           them
           ,
           and
           they
           have
           had
           very
           ill
           luck
           when
           ever
           they
           went
           about
           it
           .
           That
           Reason
           which
           they
           have
           given
           for
           Dissolving
           three
           several
           Parliaments
           successively
           is
           now
           grown
           ridiculous
           ,
           
             that
             the
             King
             was
             resolved
             to
             meet
             his
             People
             and
             to
             have
             their
             Advice
             in
             frequent
             Parliament
             ,
          
           since
           every
           Man
           took
           notice
           that
           as
           soon
           as
           the
           Ministers
           began
           to
           suspect
           that
           His
           Majesty
           was
           inclined
           to
           hearken
           to
           and
           pursue
           their
           Advice
           ,
           those
           very
           Parliaments
           were
           presently
           Dissolved
           .
           This
           was
           all
           the
           Ground
           and
           Cause
           ,
           which
           was
           thought
           of
           for
           breaking
           the
           last
           Parliament
           at
           Westminister
           ,
           when
           the
           Proclamation
           of
           the
           8th
           .
           of
           Jan.
           1680
           was
           published
           ,
           but
           ,
           they
           have
           now
           considered
           better
           and
           have
           found
           out
           faults
           enough
           to
           swel
           into
           a
           Declaration
           ,
           and
           yet
           as
           much
           offended
           as
           they
           are
           with
           this
           Parliament
           ,
           they
           seem
           more
           highly
           Angry
           with
           that
           which
           followed
           at
           Oxford
           .
           Nor
           is
           it
           at
           all
           strange
           that
           it
           should
           fall
           out
           so
           ,
           for
           the
           Court
           did
           never
           yet
           Dissolve
           a
           Parliament
           abruptly
           and
           in
           a
           heat
           ,
           but
           they
           found
           the
           next
           Parliament
           more
           Averse
           ,
           and
           to
           insist
           upon
           the
           same
           things
           with
           greater
           eagerness
           then
           the
           former
           .
           English
           Spirits
           resent
           no
           Affronts
           so
           highly
           as
           those
           which
           are
           done
           to
           their
           Representatives
           ;
           and
           the
           Court
           will
           be
           sure
           to
           find
           the
           Effects
           of
           that
           Resentment
           in
           the
           next
           Election
           .
           A
           Parliament
           does
           ever
           participate
           of
           the
           present
           temper
           of
           the
           People
           .
           Never
           were
           Parliaments
           of
           more
           different
           Complexions
           than
           that
           of
           1640.
           
           And
           that
           of
           1661.
           
           Yet
           they
           both
           exactly
           answered
           the
           humors
           which
           were
           predominant
           in
           the
           Nation
           ,
           when
           they
           were
           Respectively
           chosen
           .
           And
           therefore
           while
           the
           People
           do
           so
           universally
           Hate
           and
           Fear
           France
           and
           Popery
           ,
           and
           do
           so
           well
           understand
           who
           they
           are
           who
           promote
           the
           French
           and
           Popish
           Interest
           ,
           the
           Favourites
           do
           but
           Cozen
           themselves
           to
           think
           that
           they
           will
           ever
           send
           up
           Representatives
           less
           Zealous
           to
           bring
           them
           to
           Justice
           ,
           then
           those
           against
           whom
           this
           Declaration
           is
           published
           .
           For
           surely
           this
           Declaration
           (
           what
           great
           things
           soever
           may
           be
           expected
           from
           it
           )
           will
           make
           but
           very
           few
           Converts
           ,
           not
           only
           because
           it
           represents
           things
           as
           high
           Crimes
           ,
           which
           the
           whole
           Kingdom
           has
           been
           Celebrating
           as
           Meritorious
           Actions
           ,
           but
           because
           the
           People
           have
           been
           so
           often
           deceived
           by
           former
           Declarations
           ,
           that
           whatsoever
           carries
           that
           Name
           ,
           will
           have
           no
           Credit
           with
           them
           for
           the
           future
           .
           They
           have
           not
           yet
           forgotten
           the
           Declaration
           from
           Breda
           ,
           though
           others
           forgot
           it
           so
           soon
           ,
           
           and
           do
           not
           spare
           to
           say
           ,
           that
           if
           the
           same
           diligence
           ,
           the
           same
           earnest
           sollicitations
           had
           been
           made
           use
           of
           in
           that
           Affair
           ,
           which
           have
           been
           since
           exercised
           directly
           contrary
           to
           the
           Design
           of
           it
           ,
           there
           is
           no
           doubt
           but
           every
           part
           of
           it
           would
           have
           had
           the
           desired
           success
           ,
           &
           all
           His
           Majesties
           Subjects
           would
           have
           enjoyed
           the
           fruits
           of
           it
           ,
           and
           have
           now
           been
           extolling
           a
           Prince
           so
           careful
           to
           keep
           Sacred
           His
           promises
           to
           His
           People
           .
           If
           we
           did
           take
           notice
           of
           the
           several
           Declarations
           Published
           since
           that
           which
           we
           have
           last
           mentioned
           ,
           we
           should
           find
           they
           signified
           as
           little
           ;
           &
           therefore
           we
           will
           only
           remember
           the
           last
           made
           the
           20th
           .
           of
           April
           .
           1679.
           
           And
           Declared
           in
           Council
           ,
           and
           in
           Parliament
           ,
           &
           after
           published
           to
           the
           whole
           Nation
           :
           Wherein
           His
           Majesty
           owns
           that
           he
           is
           
             sensible
             of
             the
             ill
             posture
             of
             his
             affairs
             ,
             and
             the
             great
             Jealousies
             and
             Dissatisfaction
             of
             his
             good
             Subjects
             ,
             whereby
             the
             Crown
             and
             Government
             was
             become
             too
             weak
             to
             preserve
             it self
             ,
             which
             proceeded
             from
             his
             use
             of
             a
             single
             Ministry
             and
             of
             private
             Advices
             ;
             and
             therefore
             professes
             his
             Resolution
             to
             lay
             them
             wholly
             aside
             for
             the
             future
             ,
             and
             to
             be
             Advised
             by
             those
             Able
             and
             Worthy
             Persons
             ,
             whom
             he
             had
             then
             chosen
             for
             his
             Council
             ,
             in
             all
             his
             Weighty
             and
             Important
             Affairs
             .
          
           But
           every
           man
           must
           Acknowledge
           that
           either
           His
           Majesty
           has
           utterly
           forgotten
           this
           Publick
           and
           solemn
           Promise
           ,
           or
           else
           that
           nothing
           
             Weighty
             and
             Important
          
           has
           happened
           from
           that
           time
           to
           this
           very
           Day
           .
        
         
           As
           for
           the
           Declaration
           read
           in
           our
           Churches
           the
           other
           day
           ,
           there
           needs
           no
           other
           Argument
           to
           make
           us
           d●ubt
           of
           the
           reality
           of
           the
           promises
           which
           it
           makes
           ,
           then
           to
           consider
           how
           partially
           ,
           &
           with
           how
           little
           sincerity
           the
           things
           which
           it
           pretends
           to
           relate
           are
           therein
           represented
           .
           It
           begins
           with
           telling
           us
           in
           His
           Majesties
           name
           ,
           That
           
             it
             was
             with
             exceeding
             great
             trouble
             that
             he
             was
             brought
             to
             Dissolve
             the
             Two
             last
             Parliaments
             ,
             without
             more
             benefit
             to
             the
             People
             by
             the
             calling
             of
             them
             .
          
           We
           should
           question
           His
           Majesties
           Wisdom
           ,
           did
           we
           not
           belive
           him
           to
           have
           understood
           that
           never
           Parliament
           had
           greater
           Opportunities
           of
           doing
           good
           to
           himself
           and
           to
           his
           People
           .
           He
           could
           not
           but
           be
           sensible
           of
           the
           Dangers
           ,
           and
           of
           the
           Necessities
           of
           His
           Kingdom
           ,
           &
           therefore
           could
           not
           without
           
             exceding
             great
             Trouble
          
           be
           prevailed
           upon
           for
           the
           sake
           of
           a
           few
           desperate
           men
           ,
           (
           whom
           he
           thought
           himself
           concern'd
           to
           love
           now
           ,
           only
           becaus
           he
           had
           loved
           them
           too
           well
           ,
           &
           Trusted
           them
           too
           much
           before
           ;
           )
           not
           only
           to
           disappoint
           the
           Hopes
           and
           Expectations
           of
           his
           own
           People
           ,
           but
           of
           all
           most
           
           Europe
           .
           His
           Majesty
           did
           indeed
           
             do
             His
             Part
          
           ,
           so
           far
           ,
           in
           
             giving
             Opportunities
             of
             providing
             for
             our
             good
             ,
          
           as
           the
           calling
           of
           Parliaments
           does
           amount
           to
           ,
           and
           it
           is
           to
           be
           Imputed
           to
           the
           Ministers
           only
           
             that
             the
             success
          
           of
           them
           
             did
             not
             answer
             His
          
           and
           Our
           Expectations
           .
           'T
           is
           certain
           it
           cannot
           be
           imputed
           to
           any
           of
           the
           Proceedings
           of
           either
           of
           those
           Parliaments
           ;
           which
           were
           composed
           of
           Men
           of
           as
           good
           Sence
           ,
           and
           Quality
           as
           any
           in
           the
           Nation
           ,
           and
           proceeded
           with
           as
           great
           moderation
           ,
           and
           managed
           their
           Debates
           with
           as
           much
           temper
           as
           was
           ever
           known
           in
           any
           Parliament
           .
           If
           they
           seem'd
           to
           go
           too
           far
           in
           any
           thing
           ,
           His
           Majesties
           Speeches
           or
           Declarations
           had
           misled
           them
           ,
           by
           some
           of
           which
           they
           had
           been
           invited
           to
           enter
           into
           every
           one
           of
           those
           Debates
           ,
           to
           which
           so
           much
           exception
           had
           been
           since
           taken
           .
           Did
           he
           not
           frequently
           recommend
           the
           
             prosecution
             of
             the
             Plot
          
           to
           them
           ,
           
             with
             a
             strict
             and
             impartial
             inquiry
             .
          
           
           Did
           he
           not
           tell
           them
           ,
           That
           
             he
             neither
             thought
             himself
             nor
             them
             safe
             ,
             till
             that
             matter
             was
             gone
             through
             with
             ?
          
           
           Did
           he
           not
           in
           his
           Speech
           of
           the
           30th
           .
           of
           April
           ,
           1679.
           
           Assure
           them
           that
           it
           was
           
             his
             constant
             care
             to
             secure
             our
             Religion
             for
             the
             future
             in
             all
             Events
             ,
             and
             that
             in
             all
             things
             which
             concern'd
             the
             Publick
             security
             he
             would
             not
             follow
             their
             Zeal
             but
             lead
             it
             ?
          
           Has
           he
           not
           often
           
             wish'd
             that
             he
             might
             be
             enabled
             to
             exercise
             a
             Power
             of
             Dispensation
             in
             Reference
             to
             those
             Protestants
             ,
          
           
           
             who
             through
             tenderness
             of
             misguided
             Conscience
             did
             not
             Conform
             ,
             to
             the
             Ceremonies
             ,
             Discipline
             and
             Government
             of
             the
             Church
             :
          
           And
           promised
           that
           he
           would
           
             make
             it
             his
             special
             Care
             to
             encline
             the
             wisdom
             of
             the
             Parliament
             to
             concur
             with
             him
             ,
          
           
           
             in
             making
             an
             Act
             to
             that
             Purpose
             ?
          
           And
           least
           the
           malice
           of
           ill
           men
           might
           Object
           ,
           that
           these
           Gracious
           inclinations
           of
           His
           continued
           no
           longer
           ,
           then
           while
           there
           was
           a
           possibility
           of
           giving
           the
           Papists
           equal
           benefit
           of
           a
           Toleration
           .
           Has
           not
           His
           Majesty
           since
           the
           Discovery
           of
           the
           Plot
           ,
           since
           there
           was
           no
           hopes
           of
           getting
           so
           much
           as
           a
           connivence
           for
           them
           ,
           
           in
           His
           Speech
           of
           the
           6th
           .
           of
           March
           ,
           1679.
           
           Exprest
           
             His
             Zeal
          
           not
           only
           
             for
             the
             Protestant
             Religion
             in
             general
             ,
             but
             for
             an
             Vnion
             amongst
             all
             sorts
             of
             Protestants
             .
          
           And
           did
           he
           not
           Command
           My
           Lord
           Chancellor
           ,
           at
           the
           same
           time
           ,
           to
           tell
           them
           
             that
             it
             was
             necessary
             to
             distinguish
             between
             Popish
             and
             other
             Recusants
             ,
             between
             them
             that
             would
             destroy
             the
             whole
             Flock
             ,
             and
             them
             that
             onely
             wander
             from
             it
             ?
          
           These
           things
           considered
           we
           should
           not
           think
           the
           Parliament
           went
           too
           far
           ,
           but
           rather
           that
           they
           did
           not
           follow
           His
           Majesties
           Zeal
           with
           an
           equal
           pace
           .
           The
           Truth
           is
           if
           we
           observe
           
           The
           daily
           provocations
           of
           the
           Popish
           Faction
           ,
           whose
           Rage
           and
           Insolence
           were
           only
           increased
           by
           the
           Discovery
           of
           the
           Plot
           ,
           (
           so
           that
           they
           seemed
           to
           defy
           Parliaments
           ,
           as
           well
           as
           inferior
           Courts
           of
           Justice
           ,
           under
           the
           Protection
           of
           the
           Duke
           ,
           their
           publickly
           avowed
           head
           ;
           )
           who
           still
           carryed
           on
           their
           designs
           by
           new
           and
           more
           detestable
           methods
           than
           ever
           ,
           and
           were
           continually
           busie
           by
           Perjuries
           and
           Subornations
           ,
           to
           charge
           the
           best
           and
           most
           considerable
           Protestants
           in
           the
           Kingdom
           with
           Treasons
           ,
           as
           black
           as
           those
           of
           which
           themselves
           were
           Guilty
           .
           If
           we
           observe
           what
           vile
           Arts
           were
           used
           to
           hinder
           the
           further
           discovery
           ,
           what
           Liberty
           was
           given
           to
           Reproach
           the
           Discoverers
           ,
           what
           means
           used
           to
           destroy
           or
           to
           Corrupt
           them
           ;
           how
           the
           very
           Criminals
           were
           encouraged
           and
           allowed
           to
           be
           good
           Witnesses
           against
           their
           Accusers
           :
           We
           should
           easily
           excuse
           an
           English
           Parliament
           thus
           beset
           ,
           if
           they
           had
           been
           carried
           to
           some
           little
           excesses
           .
           But
           yet
           all
           this
           could
           not
           provoke
           them
           to
           do
           any
           thing
           not
           justifiable
           by
           the
           Laws
           of
           Parliament
           ,
           or
           unbecoming
           the
           Wisdom
           and
           Gravity
           of
           an
           English
           Senate
           .
        
         
           But
           we
           are
           told
           that
           His
           Majesty
           
             Opened
             the
             last
             Parliament
             ,
             which
             was
             held
             at
          
           Westminster
           ,
           
             with
             as
             Graciom
             Expressions
             of
             His
             readiness
             to
             satisfie
             the
             desires
             of
             his
             Subjects
             ,
             and
             to
             secure
             them
             against
             all
             their
             just
             Fears
             ,
             as
             the
             weighty
             consideration
             ,
             either
             of
             preserving
             the
             Established
             Religion
             and
             Property
             of
             His
             Subjects
             at
             Home
             ,
             or
             of
             supporting
             His
             Neighbors
             and
             Allies
             abroad
             could
             fill
             His
             Heart
             with
             .
          
           We
           must
           own
           that
           His
           Majesty
           has
           Opened
           all
           His
           Parliaments
           at
           Westminister
           ,
           with
           very
           
             Gracious
             Expressions
          
           ;
           nor
           have
           we
           wanted
           that
           Evidence
           of
           His
           
             readiness
             to
             satisfie
             the
             desires
             of
             His
             Subjects
             ,
          
           but
           that
           sort
           of
           Evidence
           will
           soon
           lose
           it's
           force
           if
           it
           be
           never
           followed
           by
           Actions
           correspondent
           ,
           by
           which
           only
           the
           World
           can
           judge
           of
           the
           sincerity
           of
           Expressions
           or
           Intentions
           .
           And
           therefore
           the
           Favourites
           did
           little
           Consult
           His
           Maiesties
           Honor
           ,
           when
           they
           bring
           him
           in
           solemnly
           d●claring
           to
           His
           Subjects
           ,
           
             that
             His
             Intentions
             were
             as
             far
             as
             would
             have
             consisted
             with
             the
             very
             being
             of
             the
             Government
             ,
             to
             have
             Complyed
             with
             any
             thing
             that
             could
             have
             been
             proposed
             to
             him
             to
             Accomplish
             those
             Ends
          
           ;
           when
           they
           are
           not
           able
           to
           produce
           an
           instance
           wherein
           they
           suffered
           him
           to
           comply
           in
           any
           One
           thing
           .
           Whatsoever
           the
           House
           of
           Commons
           Address'd
           for
           was
           certainly
           denied
           ,
           though
           it
           was
           only
           for
           that
           Reason
           ;
           and
           there
           was
           no
           surer
           way
           of
           intituling
           ones
           self
           to
           
           the
           favor
           of
           the
           Court
           ,
           then
           to
           receive
           a
           Censure
           from
           the
           Representative
           Body
           of
           the
           People
           .
           Let
           it
           for
           the
           present
           be
           admitted
           that
           some
           of
           the
           things
           desired
           by
           that
           Parliament
           were
           exorbitant
           ,
           and
           (
           because
           we
           will
           put
           the
           Objection
           as
           strong
           as
           is
           possible
           )
           inconsistent
           with
           the
           very
           being
           of
           the
           Government
           ,
           yet
           at
           least
           some
           of
           their
           Petitions
           were
           more
           reasonable
           .
           The
           Government
           might
           have
           subsisted
           though
           the
           Gentlemen
           put
           out
           of
           the
           Commission
           of
           the
           Peace
           ,
           for
           their
           Zealous
           acting
           against
           the
           Papists
           ,
           had
           been
           restor'd
           ;
           nor
           would
           a
           final
           Dissolution
           of
           all
           things
           have
           ensued
           ,
           tho
           Sir
           
             G.
             Jefferies
          
           had
           been
           removed
           out
           of
           publick
           Office
           ,
           or
           my
           Lord
           Hallifax
           himself
           from
           His
           Majesties
           Presence
           and
           Councils
           .
           Had
           the
           Statute
           of
           the
           35th
           .
           of
           Queen
           Elizabeth
           (
           which
           had
           justly
           slept
           for
           80
           years
           ,
           and
           of
           late
           ,
           unseasonably
           revived
           )
           been
           repealed
           ,
           surely
           the
           Government
           might
           still
           have
           been
           safe
           .
           And
           though
           the
           Fanaticks
           perhaps
           had
           not
           deserved
           so
           well
           as
           that
           in
           favor
           to
           them
           ,
           His
           Majesty
           should
           have
           passed
           that
           Bill
           ,
           yet
           since
           the
           Repeal
           might
           hereafter
           be
           of
           so
           great
           use
           to
           those
           of
           the
           Church
           of
           England
           ,
           in
           case
           of
           a
           Popish
           Successor
           ,
           (
           which
           blessing
           His
           Majesty
           seems
           resolved
           to
           bequeath
           to
           His
           People
           ;
           )
           one
           would
           have
           thought
           he
           might
           have
           Complyed
           with
           the
           Parliament
           in
           that
           proposal
           .
           At
           least
           we
           should
           have
           had
           less
           Reason
           to
           complain
           of
           the
           refusal
           ,
           if
           the
           King
           would
           have
           been
           but
           Graciously
           pleased
           to
           have
           done
           it
           in
           the
           Ordinary
           way
           .
           But
           the
           Ministers
           thought
           they
           had
           not
           sufficiently
           triumphed
           over
           the
           Parliament
           by
           getting
           the
           Bill
           rejected
           ,
           unless
           it
           were
           done
           in
           such
           a
           manner
           as
           that
           the
           Precedent
           might
           be
           more
           pernicious
           to
           posterity
           ,
           by
           introducing
           a
           new
           Negative
           in
           the
           making
           of
           Laws
           ,
           then
           the
           losing
           of
           any
           Bill
           ,
           how
           useful
           soever
           ,
           could
           be
           to
           the
           present
           Age.
           This
           we
           may
           affirm
           ,
           that
           if
           the
           success
           of
           this
           Parliament
           did
           not
           answer
           expectation
           ,
           whoever
           was
           guilty
           of
           it
           ,
           the
           House
           of
           Commons
           did
           not
           fail
           of
           
             doing
             their
             Part.
          
           Never
           did
           men
           Husband
           their
           time
           to
           more
           advantage
           .
           They
           opened
           the
           eyes
           of
           the
           Nation
           ,
           they
           shewed
           them
           their
           danger
           with
           a
           freedom
           becoming
           Englishmen
           .
           They
           asserted
           the
           Peoples
           Right
           of
           Petitioning
           ,
           they
           proceeded
           vigorously
           against
           the
           Conspirators
           discovered
           and
           heartily
           endeavored
           to
           take
           away
           the
           very
           Root
           of
           the
           Conspiracy
           .
           They
           had
           before
           them
           as
           many
           great
           and
           useful
           Bills
           as
           had
           been
           seen
           in
           any
           Parliament
           ,
           and
           it
           is
           not
           to
           be
           laid
           at
           
           their
           doors
           that
           they
           proved
           Abortive
           .
           This
           Age
           will
           never
           fail
           to
           give
           them
           their
           grateful
           acknowledgments
           ,
           and
           posterity
           will
           remember
           that
           House
           of
           Commons
           with
           Honor.
           
        
         
           We
           come
           now
           to
           the
           particular
           enumeration
           of
           those
           Gracious
           things
           which
           were
           said
           to
           the
           Parliament
           at
           Westminster
           .
           His
           Majesty
           askt
           of
           them
           
             the
             supporting
             the
             Allyances
             he
             had
             made
             for
             the
             preservation
             of
             the
             General
             Peace
             in
             Christendom
             .
          
           'T
           is
           to
           be
           wish'd
           His
           Majesty
           had
           added
           to
           this
           Gracious
           asking
           of
           Money
           ,
           a
           gracious
           Communication
           of
           those
           Alliances
           ,
           and
           that
           such
           blind
           obedience
           had
           not
           been
           exacted
           from
           them
           ,
           as
           to
           contribute
           to
           the
           support
           of
           they
           knew
           not
           what
           themselves
           ;
           nor
           before
           they
           had
           considered
           whether
           those
           Alliances
           which
           were
           made
           ,
           were
           truly
           design'd
           for
           that
           end
           which
           was
           pretended
           ,
           or
           any
           way
           likely
           to
           prove
           effectual
           to
           it
           .
           Since
           no
           precedent
           can
           be
           shown
           ,
           that
           ever
           a
           Parliament
           ,
           (
           not
           even
           the
           late
           long
           Parliament
           ,
           tho
           filled
           with
           Danby
           his
           Pensioners
           )
           did
           give
           Money
           for
           Maintaining
           of
           any
           Leagues
           till
           they
           were
           first
           made
           acquainted
           with
           the
           particulars
           of
           them
           .
           But
           besides
           this
           the
           Parliament
           had
           reason
           to
           consider
           well
           of
           the
           General
           Peace
           it self
           ,
           and
           the
           Influence
           it
           might
           have
           ,
           and
           had
           ,
           upon
           our
           Affairs
           ,
           before
           they
           came
           to
           any
           Resolution
           ,
           or
           so
           much
           as
           to
           a
           Debate
           about
           preserving
           it
           ;
           since
           so
           wise
           a
           Minister
           as
           my
           L.
           Chancellor
           had
           so
           lately
           told
           us
           ,
           
           that
           it
           was
           
             fitter
             for
             Meditation
             than
             Discourse
          
           .
           He
           informed
           us
           in
           the
           same
           Speech
           ,
           that
           the
           peace
           then
           was
           but
           the
           effect
           of
           Despair
           in
           the
           Confederates
           ,
           and
           we
           have
           since
           learn't
           by
           whose
           means
           they
           were
           reduced
           to
           that
           despair
           ;
           and
           what
           price
           was
           demanded
           of
           the
           
             French
             King
          
           for
           so
           great
           a
           service
           .
           And
           we
           cannot
           but
           be
           sadly
           sensible
           how
           by
           this
           Peace
           ,
           that
           Monarch
           has
           not
           only
           quite
           Dissolv'd
           the
           Confederacy
           form'd
           against
           him
           ,
           enlarged
           his
           Dominions
           ,
           gain'd
           time
           to
           Refresh
           his
           Soldiers
           harrassed
           with
           long
           service
           ,
           setled
           and
           composed
           his
           Subjects
           at
           Home
           ,
           increased
           his
           Fleet
           ,
           and
           replenished
           his
           Exchequer
           for
           new
           and
           greater
           designs
           ;
           but
           his
           Pensioners
           at
           our
           Court
           have
           grown
           insolent
           upon
           it
           ,
           and
           presuming
           that
           now
           he
           may
           be
           at
           leasure
           to
           assist
           them
           in
           Ruining
           England
           ,
           and
           the
           Protestant
           Religion
           together
           ,
           have
           shaken
           off
           all
           dread
           of
           Parliaments
           ,
           and
           have
           prevail'd
           with
           His
           Majesty
           to
           use
           them
           with
           as
           little
           respect
           ,
           and
           to
           disperse
           them
           with
           as
           great
           Contempt
           ,
           as
           if
           they
           had
           been
           a
           Conventicle
           ,
           and
           not
           the
           great
           Representative
           of
           the
           Nation
           ,
           
           whose
           Power
           and
           Wisdom
           only
           could
           save
           Him
           and
           Us
           ,
           in
           our
           present
           exigencies
           .
        
         
           But
           whatever
           the
           design
           of
           them
           was
           ,
           or
           the
           effect
           of
           them
           is
           like
           to
           be
           ,
           yet
           Alliances
           have
           a
           very
           good
           sound
           ,
           and
           a
           Nation
           so
           encompassed
           with
           Enemies
           abroad
           ,
           and
           Traitors
           and
           Pensioners
           to
           those
           Enemies
           at
           home
           ,
           must
           needs
           be
           glad
           to
           hear
           of
           any
           new
           Friends
           .
           But
           alas
           if
           we
           look
           into
           the
           Speech
           made
           at
           the
           opening
           of
           that
           Parliament
           ,
           we
           shall
           find
           no
           mention
           of
           any
           new
           Ally
           except
           the
           Spaniard
           ,
           whose
           Affairs
           at
           that
           time
           ,
           through
           the
           defects
           of
           his
           own
           Government
           ,
           and
           the
           Treachery
           of
           our
           Ministers
           ,
           were
           reduced
           to
           so
           desperate
           a
           state
           ,
           that
           he
           might
           well
           be
           a
           Burden
           to
           us
           ,
           but
           there
           was
           little
           to
           be
           hoped
           from
           a
           Friendship
           with
           him
           ;
           unless
           by
           the
           name
           of
           a
           League
           to
           recommend
           our
           Ministers
           to
           a
           new
           Parliament
           ,
           &
           couzen
           Country
           Gentlemen
           out
           of
           their
           Money
           .
           But
           upon
           perusal
           of
           that
           League
           it
           appears
           by
           the
           third
           ,
           fourth
           and
           fifth
           Articles
           ,
           that
           it
           was
           like
           to
           create
           us
           Troubles
           enough
           ,
           for
           it
           engages
           us
           indefinitely
           to
           enter
           into
           all
           the
           Quarrels
           of
           the
           Spaniards
           ,
           tho
           they
           happened
           in
           the
           West-Indies
           or
           the
           
             Philippine
             Islands
          
           ,
           or
           were
           drawn
           upon
           himself
           by
           his
           own
           injustice
           or
           causeless
           provocations
           .
           By
           this
           we
           shall
           be
           obliged
           to
           espouse
           his
           difference
           with
           the
           Duke
           of
           Brandenburg
           ,
           tho
           all
           that
           Duke
           did
           ,
           was
           according
           to
           the
           Law
           of
           Nations
           ,
           to
           Reprize
           Spanish
           Ships
           for
           a
           just
           Debt
           frequently
           demanded
           in
           vain
           .
           By
           this
           we
           shall
           be
           obliged
           to
           engage
           in
           his
           present
           War
           with
           the
           Portuguese
           ,
           tho
           he
           by
           his
           violent
           seizing
           of
           the
           Island
           of
           St.
           Gabriel
           ,
           which
           had
           been
           long
           in
           their
           peaceable
           possession
           ,
           without
           once
           demanding
           it
           of
           them
           ,
           has
           most
           justly
           provoked
           the
           Portuguese
           to
           invade
           Spain
           .
           Nor
           are
           we
           bound
           only
           to
           assist
           him
           in
           case
           of
           an
           Invasion
           ,
           but
           in
           case
           of
           any
           disturbance
           whatsoever
           ,
           which
           must
           be
           intended
           of
           intestine
           Troubles
           ,
           (
           and
           it
           is
           so
           directly
           explained
           in
           the
           secret
           Article
           which
           all
           Europe
           says
           was
           signed
           at
           the
           same
           time
           .
           )
           So
           that
           if
           the
           present
           King
           of
           Spain
           should
           imitate
           his
           great
           Grand-father
           Philip
           the
           second
           ,
           &
           oppress
           any
           of
           his
           Subjects
           as
           cruelly
           as
           he
           did
           those
           of
           the
           
             Low
             Countries
          
           ,
           and
           so
           force
           them
           to
           a
           necessary
           self
           defence
           ;
           we
           have
           renounced
           the
           policy
           ,
           of
           our
           Ancestors
           ,
           who
           thought
           it
           their
           interest
           as
           well
           as
           their
           Duty
           to
           succor
           the
           distressed
           ,
           and
           must
           not
           only
           aid
           him
           with
           8000
           Men
           for
           three
           Months
           to
           make
           those
           People
           slaves
           ,
           but
           if
           the
           matter
           cannot
           
           be
           composed
           in
           that
           time
           make
           War
           upon
           them
           ,
           with
           our
           whole
           force
           both
           by
           Land
           and
           Sea.
           But
           that
           which
           concerns
           us
           yet
           nearer
           in
           this
           League
           ,
           is
           ,
           that
           this
           obligation
           of
           assistance
           was
           mutual
           ,
           so
           that
           if
           a
           disturbance
           should
           happen
           hereafter
           in
           England
           upon
           any
           attempt
           to
           change
           our
           Religion
           or
           our
           Government
           ,
           though
           it
           was
           in
           the
           time
           of
           his
           Majesty
           Successors
           ,
           the
           most
           Catholick
           King
           is
           obliged
           by
           this
           League
           ,
           (
           which
           we
           are
           still
           to
           believe
           was
           entred
           into
           ,
           for
           the
           security
           of
           the
           Protestant
           Religion
           ,
           and
           the
           good
           of
           the
           Nation
           )
           to
           give
           aid
           to
           so
           Pious
           a
           Design
           ,
           and
           to
           make
           War
           upon
           the
           people
           with
           all
           his
           Forces
           both
           by
           Land
           and
           Sea.
           And
           therefore
           it
           was
           no
           wonder
           that
           the
           Ministers
           were
           not
           forward
           in
           shewing
           this
           League
           to
           the
           Parliament
           ,
           who
           would
           have
           soon
           observed
           all
           these
           inconveniencies
           ,
           and
           have
           seen
           how
           little
           such
           a
           League
           could
           contribute
           to
           the
           preserving
           the
           general
           Peace
           ,
           or
           to
           the
           securing
           of
           Flanders
           ,
           since
           the
           French
           King
           may
           within
           one
           months
           time
           possess
           himself
           of
           it
           ,
           and
           we
           by
           the
           League
           are
           not
           obliged
           to
           send
           our
           Succors
           till
           3
           Months
           after
           the
           Invasion
           .
           So
           that
           they
           would
           upon
           the
           whole
           matter
           ,
           have
           been
           inclined
           to
           suspect
           ,
           that
           the
           main
           end
           of
           this
           League
           was
           only
           to
           serve
           for
           a
           handsom
           pretence
           to
           raise
           an
           Army
           in
           England
           ,
           and
           if
           the
           people
           here
           should
           grow
           discontented
           at
           it
           ,
           and
           any
           little
           disorders
           should
           ensue
           ,
           the
           Spaniard
           is
           thereby
           obliged
           to
           send
           over
           Forces
           to
           suppress
           them
           .
        
         
           The
           next
           thing
           
             recommended
             to
             them
             was
             the
             farther
             examination
             of
             the
             Plot
             ,
          
           and
           every
           one
           who
           has
           observed
           what
           has
           passed
           for
           more
           than
           two
           years
           together
           ,
           cannot
           doubt
           that
           this
           was
           sincerely
           desired
           by
           such
           as
           are
           most
           in
           credit
           with
           his
           Majesty
           ,
           and
           then
           surely
           the
           Parliament
           deserv'd
           not
           to
           be
           censured
           upon
           this
           account
           ,
           since
           the
           examination
           of
           so
           many
           new
           Witnesses
           ,
           the
           Trial
           of
           the
           Lord
           Stafford
           ,
           the
           great
           preparations
           for
           the
           Trial
           of
           the
           rest
           of
           the
           Lords
           ,
           and
           their
           diligent
           inquiry
           into
           the
           Horrid
           Irish
           Treasons
           ,
           shew
           that
           the
           Parliament
           wanted
           no
           diligence
           to
           pursue
           his
           Majesties
           good
           intentions
           in
           that
           affair
           .
           
           And
           when
           His
           Majesty
           
             desired
             from
             the
             Parliament
             their
             Advice
             and
             Assistance
             concerning
             the
             preservation
             of
             Tangier
             ,
          
           
           the
           Commons
           did
           not
           neglect
           to
           give
           its
           due
           consideration
           .
           They
           truly
           represented
           to
           him
           how
           that
           important
           place
           came
           to
           be
           brought
           into
           
             such
             exigencies
             ,
             after
             so
             vast
             a
             Treasure
             expended
             to
             make
             it
             useful
             ,
          
           and
           that
           nothing
           better
           
           could
           be
           expected
           of
           a
           Town
           ,
           
             for
             the
             most
             part
             put
             under
             Popish
             Governours
          
           ;
           and
           always
           
             fill'd
             with
             a
             Popish
             Garrison
          
           .
           These
           were
           evils
           in
           His
           Majesties
           own
           power
           to
           redress
           ,
           and
           they
           
             advised
             him
             to
             it
          
           ;
           nor
           did
           they
           rest
           there
           ,
           but
           promise
           to
           assist
           him
           in
           defence
           of
           it
           ,
           as
           soon
           as
           ever
           they
           could
           be
           reasonably
           secured
           ,
           that
           any
           Supply
           which
           they
           gave
           for
           that
           purpose
           ,
           should
           
             not
             be
             used
             to
             Augment
             the
             strength
             of
             our
             Popish
             Adversaries
             ,
             and
             to
             encrease
             our
             Dangers
             at
             home
             .
          
           They
           had
           more
           than
           once
           seen
           Money
           imployed
           directly
           contrary
           to
           the
           end
           for
           which
           it
           was
           given
           by
           Parliament
           ,
           &
           they
           had
           too
           good
           cause
           of
           fear
           it
           might
           be
           so
           again
           ,
           and
           they
           knew
           that
           such
           a
           misimployment
           would
           have
           been
           fatal
           at
           that
           time
           .
           But
           above
           all
           they
           considered
           the
           eminent
           dangers
           which
           threatned
           them
           with
           certain
           Ruine
           at
           home
           ;
           and
           therefore
           justly
           thought
           ,
           that
           to
           leave
           the
           consideration
           of
           England
           to
           provide
           for
           
             Tangier
             ,
             would
          
           be
           to
           Act
           like
           a
           Man
           that
           should
           send
           his
           Servants
           to
           mend
           a
           gap
           in
           his
           hedge
           ,
           when
           he
           saw
           his
           House
           on
           Fire
           ,
           and
           his
           Family
           like
           to
           be
           consumed
           in
           it
           .
           We
           are
           next
           told
           that
           His
           Majesty
           ,
           
             Offered
             to
             concur
             in
             any
             Remedies
             that
             could
             be
             proposed
             for
             the
             security
             of
             the
             Protestant
             Religion
             ,
          
           and
           we
           must
           own
           that
           he
           did
           indeed
           make
           such
           an
           Offer
           ,
           but
           he
           was
           pleased
           to
           go
           no
           further
           ,
           for
           those
           Remedies
           which
           the
           Commons
           tendred
           were
           rejected
           ,
           and
           those
           which
           they
           were
           preparing
           ,
           were
           prevented
           by
           a
           Dissolution
           .
        
         
           We
           have
           seen
           the
           great
           things
           which
           the
           King
           did
           on
           his
           part
           ,
           let
           us
           now
           reflect
           on
           those
           instances
           which
           are
           singled
           out
           as
           so
           many
           
             unsuitable
             returns
             of
             the
             Commons
          
           .
           They
           are
           complained
           of
           for
           presenting
           
             Addresses
             in
             the
             nature
             of
             Remonstrances
             rather
             then
             Answers
             .
          
           Under
           what
           unhappy
           circumstances
           do
           we
           find
           our selves
           ,
           when
           our
           Representatives
           can
           never
           behave
           themselves
           with
           that
           caution
           ,
           but
           they
           will
           be
           misinterpreted
           at
           Court.
           If
           the
           Commons
           had
           return'd
           Answer
           to
           His
           Majesties
           Messages
           ,
           without
           shewing
           upon
           what
           grounds
           they
           proceedded
           ,
           they
           had
           then
           been
           accused
           as
           men
           acting
           peremptorily
           &
           without
           reason
           ;
           if
           they
           modestly
           express
           the
           reasons
           of
           their
           Resolutions
           ,
           they
           are
           then
           said
           to
           Remonstrate
           .
           But
           what
           the
           Ministers
           would
           have
           this
           word
           Remonstrance
           signifie
           ,
           what
           Crime
           it
           is
           they
           mean
           thereby
           ,
           to
           charge
           the
           Commons
           with
           ,
           is
           unknown
           to
           an
           English
           Reader
           .
           Perhaps
           they
           who
           are
           better
           Critics
           and
           more
           French-men
           ,
           know
           some
           pernicious
           thing
           
           which
           it
           imports
           .
           If
           they
           mean
           by
           a
           Remonstrance
           ,
           a
           
             declaring
             the
             Causes
             and
             Reasons
          
           of
           what
           they
           do
           ;
           it
           will
           not
           surely
           be
           imputed
           as
           a
           fault
           in
           them
           ,
           since
           't
           is
           a
           way
           of
           proceeding
           which
           His
           Majesties
           Ministers
           have
           justified
           by
           their
           own
           Example
           ,
           having
           in
           His
           Majesties
           name
           vouchsafed
           to
           
             declare
             the
             Causes
             and
             Reasons
             of
             his
             Actions
          
           to
           his
           People
           .
        
         
           But
           the
           Commons
           made
           
             Arbitrary
             Orders
             for
             taking
             Persons
             into
             Custody
             ,
             for
             matters
             that
             had
             no
             Relation
             to
             Priviledges
             of
             Parliament
             .
          
           The
           Contrivers
           of
           this
           Declaration
           ,
           who
           are
           so
           particular
           in
           other
           things
           ,
           would
           have
           done
           well
           to
           have
           given
           some
           instances
           of
           these
           Orders
           .
        
         
           If
           they
           intend
           by
           these
           general
           words
           ,
           to
           reflect
           on
           the
           Orders
           made
           to
           take
           those
           degenerate
           wretches
           into
           Custody
           ,
           who
           published
           under
           their
           hands
           their
           Abhorrence
           of
           Parliaments
           ,
           and
           of
           those
           who
           in
           an
           humble
           and
           Lawful
           manner
           Petitioned
           for
           their
           Setting
           ,
           in
           a
           time
           of
           such
           extream
           necessity
           .
           Surely
           they
           are
           not
           in
           good
           earnest
           ,
           they
           cannot
           believe
           themselves
           when
           they
           say
           ,
           that
           
             these
             matters
          
           had
           no
           
             Relation
             to
             Priviledges
             of
             Parliament
          
           if
           the
           Priviledg
           of
           Parliament
           be
           concern'd
           when
           an
           injury
           is
           done
           to
           any
           particular
           Member
           ,
           how
           much
           more
           is
           it
           touched
           when
           men
           strike
           at
           Parliaments
           themselves
           ,
           &
           endeavour
           to
           wound
           the
           very
           Constitution
           ?
           if
           this
           be
           said
           with
           Relation
           to
           Sheridon
           ,
           who
           has
           since
           troubled
           the
           World
           with
           so
           many
           idle
           impudent
           Pamphlets
           upon
           that
           account
           ,
           't
           is
           plain
           that
           his
           Commitment
           was
           only
           in
           order
           to
           examine
           him
           about
           the
           Popish
           Plot
           ,
           and
           his
           indeavors
           to
           stifle
           it
           ,
           (
           though
           his
           contemptuous
           behaviour
           to
           the
           House
           deservd
           a
           much
           longer
           Confinement
           )
           and
           't
           was
           insolence
           in
           him
           to
           Arraign
           their
           Justice
           ,
           because
           they
           did
           not
           instantly
           leave
           all
           their
           great
           Debates
           to
           dispatch
           the
           business
           relating
           to
           him
           .
        
         
           Thompson
           of
           Bristol
           ,
           was
           Guilty
           of
           divers
           great
           Breaches
           of
           Priviledge
           ,
           but
           yet
           his
           Commitment
           was
           only
           in
           order
           to
           an
           Impeachment
           ,
           and
           assoon
           as
           they
           had
           gone
           through
           with
           his
           Examination
           ,
           they
           ordered
           him
           to
           be
           set
           at
           Liberty
           ,
           giving
           security
           to
           answer
           the
           Impeachment
           which
           they
           had
           Voted
           against
           him
           .
           But
           is
           it
           a
           thing
           so
           strange
           &
           new
           to
           the
           Authors
           of
           the
           Declaration
           ,
           that
           the
           House
           of
           Commons
           should
           order
           men
           to
           be
           taken
           into
           Custody
           for
           matters
           not
           relating
           to
           Priviledge
           .
           Have
           they
           not
           heard
           ,
           that
           in
           the
           4.
           
           
             Edw.
             6.
             
             Criketost
          
           was
           Commited
           for
           confederating
           in
           an
           Escape
           ;
           that
           18.
           
             Jac.
             
             
             
             
             
             
             Sir
             Francis
             Michel
          
           was
           Committed
           for
           Misdemeanors
           ,
           in
           procuring
           a
           Patent
           for
           the
           forfeitures
           of
           Recognizances
           ,
           together
           with
           
             Fowles
             ,
             Gerrard
          
           ,
           and
           divers
           others
           ,
           (
           none
           of
           which
           were
           Members
           of
           Parliament
           )
           that
           20.
           
           Jac.
           Dr.
           Harris
           was
           taken
           into
           Custody
           for
           Misbehaving
           himself
           in
           Preaching
           ;
           and
           that
           3.
           
           
             Car.
             Burgesse
          
           was
           Committed
           for
           faults
           in
           Catechizing
           ,
           and
           L●vet
           for
           presuming
           to
           exercise
           a
           Patent
           ,
           which
           had
           been
           adjudged
           a
           Greivance
           by
           a
           Committee
           of
           the
           Commons
           in
           a
           former
           Parliament
           .
        
         
           There
           would
           be
           no
           end
           of
           giving
           instances
           of
           those
           Commitments
           ,
           which
           may
           be
           observed
           in
           almost
           every
           Parliament
           ,
           so
           that
           the
           House
           of
           Commons
           did
           but
           tread
           in
           the
           steps
           of
           their
           Predecessors
           ,
           and
           these
           sorts
           of
           Orders
           where
           not
           new
           ,
           though
           the
           Declaration
           take
           the
           Liberty
           to
           call
           them
           Arbitrary
           .
           The
           Commons
           had
           betray'd
           their
           Trust
           ,
           if
           they
           had
           not
           Asserted
           the
           Right
           of
           Petitioning
           ,
           which
           had
           been
           just
           before
           shaken
           ,
           by
           such
           a
           
             strange
             Illegal
             and
             Arbritary
             Proclamation
          
           .
        
         
           But
           now
           we
           come
           to
           the
           Transcendent
           monstrous
           Crimes
           ,
           which
           can
           never
           be
           forgiven
           by
           the
           Ministers
           ,
           the
           giving
           them
           their
           due
           Character
           ,
           which
           every
           man
           of
           understanding
           had
           fix'd
           upon
           them
           long
           before
           ;
           the
           whole
           current
           of
           their
           Councils
           being
           a
           full
           proof
           of
           the
           Truth
           of
           the
           Charge
           .
           But
           what
           colour
           is
           there
           for
           calling
           these
           Votes
           illegal
           ?
           is
           it
           illegal
           for
           the
           Commons
           to
           Impeach
           Persons
           ,
           whom
           they
           have
           good
           reason
           to
           judge
           Enemies
           to
           the
           King
           and
           Kingdom
           ?
           Is
           it
           illegal
           to
           determine
           by
           a
           Vote
           (
           which
           is
           the
           only
           way
           of
           finding
           the
           sence
           of
           the
           House
           )
           who
           are
           wicked
           Counsellors
           &
           deserve
           to
           be
           Impeached
           ?
           Could
           the
           Commons
           have
           called
           the
           parties
           accused
           to
           make
           their
           answer
           before
           themselves
           ?
           Had
           they
           not
           a
           proper
           time
           for
           their
           defence
           when
           they
           came
           to
           their
           Trals
           ,
           &
           might
           they
           not
           have
           cleared
           their
           innocence
           much
           better
           ,
           (
           if
           they
           durst
           have
           put
           that
           in
           issue
           ,
           )
           by
           a
           Tryal
           ,
           then
           a
           Dissolution
           of
           the
           Parliamen
           ?
           But
           should
           we
           grant
           that
           these
           Votes
           were
           not
           made
           in
           order
           to
           an
           Impeachment
           ,
           yet
           still
           there
           is
           nothing
           illegal
           ,
           nothing
           extraordinary
           in
           them
           .
           For
           the
           Commons
           in
           Parliament
           have
           ever
           used
           2
           ways
           of
           delivering
           their
           Country
           from
           pernicious
           &
           powerful
           Favourites
           ,
           the
           one
           is
           in
           a
           Parliamentary
           course
           of
           Justice
           by
           Impeaching
           them
           ,
           which
           is
           used
           when
           they
           Judg
           it
           needful
           to
           make
           them
           publick
           Examples
           ,
           by
           Capital
           ,
           or
           other
           high
           Punishments
           ,
           for
           the
           terror
           of
           others
           :
           
           The
           other
           is
           by
           immediate
           Address
           to
           the
           King
           to
           remove
           them
           as
           unfaithfnl
           or
           unprofitable
           Servants
           .
           Their
           Lives
           their
           Liberties
           or
           Estates
           are
           never
           endangered
           ,
           but
           when
           they
           are
           proceeded
           against
           in
           the
           former
           of
           these
           ways
           .
           Then
           legal
           evidence
           of
           their
           Guilt
           is
           necessary
           ,
           then
           there
           must
           be
           a
           proper
           time
           allowed
           for
           their
           defence
           .
           In
           the
           other
           way
           the
           Parliament
           Act
           as
           the
           Kings
           great
           Council
           ,
           and
           when
           either
           House
           observe
           that
           Affairs
           are
           ill
           administred
           ,
           that
           the
           advice
           of
           Parliaments
           is
           rejected
           or
           slighted
           ,
           the
           Course
           of
           Justice
           perverted
           ,
           our
           Councels
           betray'd
           ,
           Greivances
           multiplyed
           ,
           &
           the
           Government
           weakly
           and
           disorderly
           managed
           ,
           (
           of
           all
           which
           our
           Laws
           have
           made
           it
           impossible
           for
           the
           King
           to
           be
           guilty
           )
           .
           They
           necessarily
           must
           ,
           and
           always
           have
           charg'd
           those
           who
           had
           the
           Administration
           of
           Affairs
           ,
           and
           the
           Kings
           Ear
           ,
           as
           the
           Authors
           of
           these
           mischeifs
           ,
           and
           have
           from
           time
           to
           time
           applyed
           themselves
           to
           him
           by
           Addresses
           for
           their
           Removal
           from
           his
           Presence
           and
           Councils
           .
           There
           be
           many
           things
           plain
           and
           evident
           beyond
           the
           Testimony
           of
           any
           Witnesses
           ,
           which
           yet
           can
           never
           be
           proved
           in
           a
           legal
           way
           .
           If
           the
           King
           will
           hearken
           to
           none
           but
           two
           or
           three
           of
           his
           Minions
           ,
           must
           we
           not
           conclude
           that
           every
           thing
           that
           is
           done
           comes
           from
           their
           Advice
           ?
           And
           yet
           ,
           if
           this
           way
           of
           representing
           things
           to
           the
           King
           were
           not
           allowed
           ,
           they
           might
           easily
           frustrate
           the
           enquiries
           of
           a
           Parliament
           .
           It
           is
           but
           to
           whisper
           their
           Counsels
           ,
           and
           they
           are
           safe
           .
           The
           Parliament
           may
           be
           busied
           in
           such
           great
           Affairs
           ,
           as
           will
           not
           suffer
           them
           to
           pursue
           every
           Offender
           through
           a
           long
           Process
           ;
           and
           besides
           there
           may
           be
           many
           reasons
           why
           a
           man
           should
           be
           turn'd
           out
           of
           a
           service
           ,
           which
           perhaps
           would
           not
           extend
           to
           subject
           him
           to
           punishment
           .
           The
           People
           themselves
           are
           highly
           concern'd
           in
           the
           great
           Officers
           and
           Ministers
           of
           State
           ,
           who
           are
           Servants
           to
           the
           Kingdom
           as
           well
           as
           to
           the
           King.
           And
           the
           Representatives
           of
           the
           People
           ,
           the
           Commons
           ,
           whose
           business
           it
           is
           to
           present
           all
           Greivances
           ,
           as
           they
           are
           most
           likely
           to
           observe
           soonest
           the
           Folly
           and
           Treachery
           of
           those
           publick
           Servants
           ,
           (
           the
           greatest
           of
           all
           Greivances
           )
           so
           this
           Representation
           ought
           to
           have
           no
           little
           weight
           with
           the
           Prince
           .
           
           This
           was
           understood
           so
           well
           by
           H.
           4.
           a
           Wise
           and
           brave
           Prince
           ,
           that
           when
           the
           Commons
           complain'd
           against
           four
           of
           his
           Servants
           ,
           and
           Councellors
           ,
           desiring
           they
           might
           be
           removed
           ,
           he
           came
           into
           Parliament
           and
           there
           declared
           openly
           that
           though
           he
           knew
           nothing
           against
           them
           in
           particular
           ,
           yet
           he
           was
           
           assured
           that
           what
           the
           Lords
           and
           Commons
           desired
           of
           him
           ,
           was
           for
           the
           good
           of
           himself
           and
           his
           Kingdom
           ;
           and
           therefore
           he
           did
           comply
           with
           them
           ,
           and
           banish'd
           those
           four
           Persons
           from
           his
           Presence
           and
           Councils
           ,
           declaring
           at
           the
           same
           time
           ,
           that
           he
           would
           do
           so
           by
           any
           others
           who
           should
           be
           near
           His
           Royal
           Person
           ,
           if
           they
           were
           so
           unhappy
           to
           fall
           under
           the
           Hatred
           and
           Indignation
           of
           his
           People
           .
           The
           Records
           and
           Histories
           of
           the
           Reigns
           of
           Edward
           the
           first
           ,
           Edw.
           II
           Edw.
           III.
           and
           indeed
           of
           all
           other
           succeeding
           Kings
           are
           full
           of
           such
           Addresses
           as
           these
           ;
           but
           no
           History
           or
           Record
           can
           shew
           that
           ever
           they
           were
           called
           illegal
           or
           Un-Parliamentary
           till
           now
           .
        
         
           Then
           the
           Ministers
           durst
           not
           appeal
           to
           the
           People
           against
           their
           own
           Representatives
           ,
           but
           ours
           at
           present
           have
           either
           got
           some
           new
           Law
           in
           the
           point
           ,
           or
           have
           attained
           to
           a
           greater
           degree
           of
           Confidence
           ,
           then
           any
           that
           went
           before
           them
           .
           The
           best
           of
           our
           Princes
           have
           with
           thanks
           acknowledged
           the
           Care
           and
           Duty
           of
           their
           Parliaments
           ,
           in
           telling
           them
           of
           their
           Corruption
           and
           Folly
           of
           their
           Favourites
           .
           
             E.
             I.
             E.
             II.
             H.
             VI.
             H.
             V.
          
           and
           
             Q.
             El.
          
           never
           faild
           to
           do
           it
           ,
           and
           no
           Names
           are
           remembred
           with
           greater
           Honour
           in
           the
           English
           Annals
           .
           Whilst
           the
           disorderly
           ,
           the
           Troublesom
           and
           Unfortunate
           Reigns
           of
           H.
           III.
           Ed.
           II.
           R.
           II.
           and
           H.
           the
           VI.
           ought
           to
           serve
           as
           Land
           Marks
           to
           warn
           succeeding
           Kings
           from
           preferring
           secret
           Councels
           to
           the
           Wisdom
           of
           their
           Parliaments
           .
        
         
           But
           none
           of
           the
           Proceedings
           of
           the
           House
           of
           Commons
           ,
           have
           been
           more
           censured
           at
           Court
           ,
           and
           with
           less
           Justice
           ,
           then
           their
           Vote
           about
           the
           Anticipation
           of
           several
           Branches
           of
           the
           Revenue
           .
           An
           objection
           which
           could
           proceed
           from
           nothing
           ,
           but
           a
           total
           ignorance
           of
           the
           Nature
           of
           Publick
           Treasure
           in
           our
           own
           ,
           &
           all
           other
           Nations
           ,
           which
           was
           ever
           esteem'd
           Sacred
           &
           Un-alienable
           .
           All
           the
           Acts
           of
           resumption
           in
           the
           times
           of
           H.
           IV.
           H.
           VI.
           &
           other
           of
           our
           Kings
           were
           founded
           upon
           this
           Maxim
           ,
           otherwise
           there
           could
           not
           be
           conceived
           any
           grosser
           injustice
           ,
           then
           to
           declare
           Alienations
           to
           be
           void
           ,
           which
           Kings
           had
           lawful
           power
           to
           make
           .
           It
           was
           upon
           this
           Maxim
           that
           the
           Parliament
           declar'd
           the
           G●ant
           to
           the
           Pope
           of
           the
           yearly
           summe
           of
           1000
           marks
           ,
           wherewith
           King
           John
           had
           charg'd
           the
           Inheritance
           of
           the
           Crown
           ,
           to
           be
           Null
           .
           It
           was
           for
           this
           cause
           that
           in
           the
           year
           1670.
           
           His
           Majesty
           procured
           an
           Act
           of
           Parliament
           ,
           to
           enable
           him
           to
           sell
           the
           Fee-Farm
           Rents
           ,
           and
           it
           is
           the
           best
           excuse
           that
           can
           be
           made
           
           for
           those
           Ministers
           who
           in
           the
           year
           1672.
           
           Advised
           the
           postponing
           of
           all
           payments
           to
           the
           Bankers
           out
           of
           the
           Exchequer
           ,
           that
           they
           judged
           all
           securities
           by
           way
           of
           Anticipation
           of
           the
           Revenue
           ,
           illegal
           and
           void
           in
           themselves
           .
        
         
           Resumptions
           have
           been
           frequent
           in
           every
           Kingdom
           ,
           the
           King
           of
           Sweden
           within
           these
           few
           Moneths
           ,
           has
           ,
           by
           the
           Advice
           of
           the
           States
           ,
           resumed
           all
           the
           Lands
           which
           His
           Predecessors
           had
           in
           many
           years
           before
           ,
           Granted
           from
           the
           Crown
           .
           No
           Country
           did
           ever
           beleive
           the
           Prince
           ,
           how
           absolute
           soever
           in
           other
           things
           ,
           had
           power
           to
           sell
           or
           give
           away
           the
           Revenue
           of
           the
           Kingdom
           ,
           and
           leave
           his
           Successor
           a
           Beggar
           .
           All
           those
           Acts
           of
           the
           Roman
           Emperors
           ,
           whereby
           they
           wasted
           the
           Treasure
           of
           the
           Empire
           ,
           were
           rescinded
           by
           their
           Successors
           ;
           and
           Tacitus
           observes
           ,
           that
           the
           first
           of
           them
           that
           look't
           upon
           the
           publick
           Treasure
           as
           his
           own
           ,
           was
           Claudius
           the
           weakest
           and
           most
           sottish
           of
           them
           all
           .
           The
           present
           King
           of
           France
           did
           within
           these
           twelve
           years
           ,
           by
           the
           consent
           of
           his
           several
           Parliaments
           ,
           resume
           all
           the
           Demesnes
           of
           the
           Crown
           ,
           which
           had
           been
           Granted
           away
           by
           himself
           or
           his
           Predecessors
           .
           That
           haughty
           Monarch
           ,
           as
           much
           power
           as
           he
           pretends
           to
           ,
           not
           being
           asham'd
           to
           own
           that
           he
           wanted
           power
           to
           make
           such
           Alienations
           ,
           and
           that
           Kings
           had
           that
           happy
           inability
           ,
           
           that
           they
           could
           do
           nothing
           contrary
           to
           the
           Laws
           of
           their
           Countrey
           .
           This
           notion
           seems
           founded
           in
           the
           reason
           of
           mankind
           ,
           since
           Barbarism
           it self
           cannot
           Efface
           it
           .
           The
           Ottoman
           Emperours
           dispose
           Arbitrarily
           of
           the
           Lives
           and
           Estates
           of
           their
           Subjects
           ,
           
           but
           yet
           they
           esteem
           it
           the
           most
           detestable
           wickedness
           ,
           to
           employ
           the
           Tributes
           and
           Growing
           Revenues
           of
           the
           Provinces
           ,
           (
           which
           they
           call
           the
           Sacred
           blood
           of
           the
           People
           ;
           )
           upon
           any
           other
           then
           publick
           occasions
           .
           And
           our
           Kings
           H.
           IV.
           and
           H.
           7
           ,
           understood
           so
           well
           the
           different
           power
           they
           had
           in
           using
           their
           private
           Inheritances
           and
           those
           of
           the
           Crown
           ,
           that
           they
           took
           care
           ,
           by
           Authority
           of
           Parliament
           ,
           to
           separate
           the
           Dutchy
           of
           Lancaster
           from
           the
           Crown
           ,
           and
           to
           keep
           the
           descent
           of
           it
           distinct
           .
           But
           our
           present
           Courtiers
           are
           quite
           of
           another
           Opinion
           ,
           who
           speak
           of
           the
           Revenue
           of
           the
           Crown
           as
           if
           it
           were
           a
           private
           Patrimony
           ,
           and
           design'd
           only
           for
           domestic
           uses
           ,
           and
           for
           the
           Pleasures
           of
           the
           Prince
        
         
           The
           Revenues
           of
           the
           Crown
           of
           England
           are
           in
           their
           own
           nature
           appropriated
           to
           Publick
           Service
           ;
           &
           therefore
           cannot
           without
           injustice
           be
           diverted
           or
           Anticipated
           .
           For
           either
           the
           Publick
           
           Revenue
           is
           sufficient
           to
           answer
           the
           necessary
           Occasions
           of
           the
           Government
           ,
           and
           then
           there
           is
           no
           color
           for
           Anticipations
           ,
           or
           else
           by
           some
           extraordinary
           accident
           the
           K.
           is
           reduced
           to
           want
           an
           extraordinary
           supply
           ,
           and
           then
           he
           ought
           to
           resort
           to
           his
           Parliament
           .
           Thus
           wisely
           did
           our
           Ancestors
           provide
           ,
           that
           the
           K.
           and
           His
           People
           should
           have
           frequent
           need
           of
           one
           another
           ,
           &
           by
           having
           frequent
           opportunities
           of
           mutually
           relieving
           one
           anothers
           wants
           ,
           be
           sure
           ever
           to
           preserve
           a
           dutiful
           affection
           in
           the
           Subject
           ,
           and
           a
           fatherly
           tenderness
           in
           the
           Prince
           .
           When
           the
           King
           had
           occasion
           for
           the
           Liberality
           of
           his
           People
           ,
           he
           would
           be
           well
           inclin'd
           to
           hear
           and
           redress
           their
           Grievances
           ,
           and
           when
           they
           wanted
           ease
           from
           Oppressions
           they
           would
           not
           fail
           with
           alacrity
           to
           supply
           the
           occasions
           of
           the
           Crown
           .
           And
           therefore
           it
           has
           ever
           been
           esteem'd
           a
           crime
           in
           Counsellors
           who
           perswaded
           the
           King
           to
           Anticipate
           his
           Revenue
           ,
           and
           a
           Crime
           ●n
           those
           who
           furnisht
           Money
           upon
           such
           Anticipations
           in
           an
           Extraordinary
           way
           ,
           however
           extraordinary
           the
           Occasion
           might
           be
           .
           For
           this
           cause
           it
           was
           that
           the
           Parliament
           in
           the
           35th
           .
           of
           H.
           8.
           did
           not
           only
           discharge
           all
           those
           debts
           which
           the
           K.
           had
           contracted
           ,
           but
           enacted
           that
           those
           Lenders
           who
           had
           been
           before
           paid
           again
           by
           the
           King
           ,
           should
           refund
           all
           those
           summs
           into
           the
           Exchequer
           ,
           as
           Judging
           it
           a
           reasonable
           punishment
           ,
           to
           make
           them
           forfeit
           the
           Money
           they
           lent
           ,
           since
           they
           had
           gone
           about
           to
           introduce
           so
           dangerous
           a
           Precedent
           .
        
         
           The
           true
           way
           to
           put
           the
           King
           out
           of
           a
           
             possibility
             of
             supporting
             the
             Government
          
           ,
           is
           to
           let
           him
           wast
           in
           one
           year
           that
           Money
           ,
           which
           ought
           to
           bear
           the
           charge
           of
           the
           Government
           for
           seven
           .
           This
           is
           the
           d●rect
           method
           to
           destroy
           the
           
             Credit
             of
             the
             Crown
             both
             Abroad
             and
             at
             Home
             .
          
           If
           the
           King
           resolve
           never
           to
           pay
           the
           Money
           which
           he
           Borrows
           ,
           what
           Faith
           will
           be
           given
           to
           Royal
           Promises
           ,
           and
           the
           Honor
           of
           the
           Nation
           will
           suffer
           in
           that
           of
           the
           Prince
           ,
           &
           if
           it
           must
           be
           put
           upon
           the
           People
           to
           repay
           it
           ,
           this
           would
           be
           a
           way
           to
           impose
           a
           necessity
           of
           giving
           Taxes
           without
           end
           ,
           whether
           they
           would
           or
           no.
           And
           therefore
           (
           as
           Mercenary
           as
           they
           were
           )
           the
           Pensioners
           would
           never
           discharge
           the
           Revenue
           of
           the
           Anticipations
           to
           the
           Bankers
           .
           Now
           the
           Commons
           having
           the
           inconvenience
           of
           this
           before
           their
           Eyes
           in
           so
           fresh
           an
           instance
           ,
           &
           having
           their
           Ears
           fill'd
           with
           the
           daily
           cries
           of
           so
           many
           Widows
           and
           Orphans
           ;
           were
           obliged
           in
           duty
           to
           give
           a
           Public
           Caution
           to
           the
           people
           ,
           that
           they
           should
           not
           run
           again
           into
           
           the
           same
           error
           .
           Not
           onely
           because
           they
           Judged
           all
           Securities
           of
           that
           kind
           absolutely
           void
           ,
           but
           because
           they
           knew
           no
           future
           Parliament
           could
           without
           breach
           of
           Trust
           repay
           that
           Money
           which
           was
           at
           first
           borrowed
           onely
           to
           prevent
           the
           Sitting
           of
           a
           Parliament
           ,
           and
           which
           could
           never
           be
           paid
           without
           Countenancing
           a
           method
           so
           destructive
           to
           our
           Constitution
           .
           Nor
           have
           former
           Parliaments
           been
           less
           careful
           &
           nice
           ,
           in
           giving
           the
           least
           allowance
           to
           any
           unusual
           ways
           of
           taken
           up
           Money
           ,
           without
           Common
           Consent
           ,
           having
           so
           very
           often
           declar'd
           that
           the
           King
           cannot
           supply
           his
           most
           pressing
           Necessities
           ,
           either
           by
           Loans
           or
           by
           the
           Benevolence
           of
           his
           Subjects
           ,
           
           which
           by
           the
           express
           words
           of
           the
           Statute
           are
           damned
           and
           annulled
           for
           ever
           .
           But
           the
           House
           of
           Commons
           were
           so
           Cautious
           of
           giving
           any
           just
           occasion
           of
           Cavil
           ,
           that
           they
           restrain'd
           their
           Votes
           much
           more
           then
           they
           needed
           to
           have
           done
           :
           For
           they
           extended
           them
           only
           to
           three
           Branches
           of
           the
           Revenue
           ,
           all
           which
           were
           by
           several
           Acts
           of
           Parliament
           given
           to
           his
           present
           Majesty
           .
           And
           surely
           every
           one
           will
           agree
           ,
           that
           when
           the
           King
           receives
           a
           Gift
           from
           his
           People
           ,
           he
           takes
           it
           under
           such
           conditions
           ,
           and
           ought
           to
           imploy
           it
           in
           such
           a
           manner
           ,
           and
           for
           such
           purposes
           as
           they
           direct
           .
           We
           must
           therefore
           consult
           the
           several
           Acts
           by
           which
           those
           Branches
           were
           settled
           ;
           if
           we
           would
           Judge
           rightly
           whether
           the
           Commons
           had
           not
           particular
           reasons
           for
           what
           they
           did
           .
           The
           Statute
           12
           
             Car.
             2.
             c.
          
           4.
           says
           ,
           
           That
           
             the
             Commons
             reposing
             Trust
             in
             his
             Majesty
             ,
             for
             Guarding
             the
             Seas
             against
             all
             Persons
             intending
             the
             disturbance
             of
             Trade
             ,
             and
             the
             Invading
             of
             the
             Realm
             to
             that
             intent
             do
             give
             him
             the
             Tonnage
             and
             Poundage
             ,
          
           &c.
           
           This
           is
           as
           direct
           an
           Appropriation
           as
           Words
           can
           make
           ,
           and
           therefore
           as
           it
           is
           manifest
           wrong
           to
           the
           Subiect
           ,
           to
           divert
           any
           part
           of
           this
           Branch
           to
           other
           uses
           ;
           So
           for
           the
           King
           to
           Anticipate
           it
           ,
           is
           plainly
           to
           disable
           himself
           to
           perform
           
             the
             Trust
             reposed
             in
             Him.
          
           And
           the
           late
           long
           Parliament
           ,
           thought
           this
           matter
           so
           clear
           ,
           that
           about
           two
           years
           before
           their
           Dissolution
           ,
           they
           passed
           a
           Vote
           with
           Relation
           to
           the
           Customs
           ,
           
           in
           all
           most
           the
           same
           Words
           .
           The
           Parliament
           which
           gave
           the
           Excise
           were
           so
           far
           from
           thinking
           ,
           that
           the
           King
           had
           power
           to
           charge
           or
           dispose
           of
           it
           as
           his
           own
           ,
           that
           by
           a
           special
           clause
           in
           the
           Act
           ,
           whereby
           they
           give
           it
           ,
           they
           were
           careful
           to
           
             Impower
             him
             to
             dispose
             of
             it
             ,
             or
             any
             part
             of
             it
             by
             way
             of
             Farm
             ,
          
           and
           to
           Enact
           
             that
             such
             contracts
             shall
             be
             effectual
             in
             Law
             ,
             so
             as
             they
             be
             not
             for
             a
             longer
             time
             then
             three
             years
             .
          
           The
           
           Act
           ,
           whereby
           the
           Hearth-money
           was
           given
           ,
           declares
           that
           it
           was
           done
           to
           the
           end
           ,
           
           
             that
             the
             public
             Revenue
             might
             be
             proportioned
             to
             the
             public
             Charge
             ,
          
           and
           't
           is
           imposible
           that
           should
           ever
           be
           ,
           whilst
           it
           is
           lyable
           to
           be
           pre-ingag'd
           and
           anticipated
           .
           And
           the
           Parliament
           were
           so
           careful
           to
           preserve
           this
           Tax
           always
           clear
           and
           uncharg'd
           ,
           that
           they
           made
           it
           penal
           for
           any
           one
           so
           much
           as
           
             to
             accept
             of
             any
             Pension
             or
             Grant
             for
             years
             ,
             or
             any
             other
             Estate
             ,
             or
             any
             summe
             of
             Money
             out
             of
             the
             Revenue
             arising
             by
             vertue
             of
             that
             Act
             ,
             from
             the
             King
             ,
             His
             Heirs
             or
             Successors
             .
          
           Surely
           if
           the
           Penners
           of
           this
           Declaration
           had
           not
           been
           altogether
           ignorant
           of
           ourown
           Laws
           ,
           and
           of
           the
           Policy
           of
           all
           other
           Countries
           &
           Ages
           they
           would
           never
           have
           Printed
           those
           Votes
           ,
           in
           hopes
           thereby
           to
           have
           exposed
           the
           Commons
           to
           the
           World.
           They
           would
           not
           have
           had
           the
           face
           to
           say
           ,
           that
           thereby
           the
           
             King
             was
             Exposed
             to
             Danger
             ,
             deprived
             of
             a
             possibility
             of
             supporting
             the
             Government
             ,
          
           and
           
             reduc'd
             to
             a
             more
             helpless
             condition
             then
             the
             meanest
             of
             His
             Subjects
             .
          
           This
           we
           are
           sure
           of
           ,
           that
           if
           the
           inviolable
           observing
           of
           these
           Statutes
           ,
           will
           reduce
           His
           Majesty
           to
           a
           more
           helpless
           Condition
           then
           the
           meanest
           of
           His
           Subjects
           ,
           he
           will
           still
           be
           left
           in
           a
           better
           condition
           then
           the
           Richest
           and
           Greatest
           of
           his
           Ancestors
           ,
           none
           of
           which
           were
           ever
           Masters
           of
           such
           a
           Revenue
           .
        
         
           The
           H.
           of
           Commons
           are
           in
           the
           next
           place
           accused
           of
           a
           very
           high
           Crime
           ,
           the
           assuming
           to
           themselves
           a
           power
           of
           suspending
           Acts
           of
           Parliament
           ,
           because
           they
           declared
           that
           it
           was
           their
           Opinion
           ,
           
             That
             the
             prosecution
             of
             Protestant
             Dissenters
             upon
             the
             penal
             Laws
             ,
             is
             at
             this
             time
             grievous
             to
             the
             Subject
             ,
             a
             weakning
             of
             the
             Protestant
             interest
             ,
             an
             incouragement
             to
             Popery
             ,
             and
             dangerous
             to
             the
             Peace
             of
             the
             Kingdom
             .
          
           The
           Ministers
           remembred
           that
           not
           many
           years
           ago
           ,
           the
           whole
           Nation
           was
           justly
           Alarm'd
           upon
           the
           assuming
           an
           Arbitrary
           power
           of
           suspending
           penal
           Laws
           ,
           &
           therefore
           they
           thought
           it
           would
           be
           very
           popular
           ,
           to
           accuse
           the
           Commons
           of
           such
           an
           Attempt
           .
           But
           how
           they
           could
           possible
           misinterpret
           a
           Vote
           at
           that
           Rate
           ,
           how
           they
           could
           say
           the
           Commons
           pretended
           to
           a
           power
           of
           repealing
           Laws
           ,
           when
           they
           only
           declare
           their
           Opinion
           of
           the
           inconveniency
           of
           them
           ,
           will
           never
           be
           understood
           till
           the
           Authors
           of
           this
           are
           pleased
           to
           
             shew
             their
             Causes
             and
             Reasons
          
           for
           it
           in
           a
           second
           Declaration
           .
           Every
           impartial
           man
           will
           own
           ,
           that
           the
           Commons
           had
           reason
           for
           this
           opinion
           of
           theirs
           .
           They
           had
           with
           Great
           anxiety
           observed
           
           that
           the
           present
           design
           of
           the
           Papists
           was
           not
           against
           any
           one
           sort
           of
           Protestants
           ,
           but
           universal
           ,
           and
           for
           extirpating
           the
           Reform'd
           Religion
           .
           They
           saw
           what
           advantages
           these
           Enemies
           made
           of
           our
           Divisions
           ,
           &
           how
           cunningly
           they
           diverted
           us
           from
           persecuting
           them
           ,
           by
           fomenting
           our
           jealousies
           of
           one
           anether
           .
           They
           saw
           the
           strength
           and
           nearness
           of
           the
           King
           of
           France
           ,
           and
           Judged
           of
           his
           inclinations
           by
           his
           usage
           of
           his
           own
           Protestant
           Subjects
           .
           They
           considered
           the
           number
           ,
           &
           the
           Bloody
           Principles
           of
           the
           Irish
           ,
           and
           what
           Conspiracies
           were
           form'd
           there
           ,
           and
           even
           Ripe
           for
           Execution
           ;
           and
           that
           Scotland
           was
           already
           delivered
           into
           the
           hands
           of
           a
           Prince
           ,
           the
           known
           head
           of
           the
           Papists
           in
           these
           Kingdomes
           ,
           and
           the
           Occasion
           of
           all
           their
           Plots
           and
           Insolencies
           ,
           as
           more
           then
           one
           Parliament
           had
           declared
           .
           They
           could
           not
           but
           take
           notice
           into
           what
           hands
           the
           most
           considerable
           Trusts
           both
           Civil
           and
           Military
           where
           put
           ,
           and
           that
           notwithstanding
           all
           Addresses
           ,
           &
           all
           Proclamations
           for
           a
           strict
           Execution
           of
           the
           penal
           Laws
           against
           Papists
           ,
           yet
           their
           Faction
           so
           far
           prevailed
           ,
           that
           they
           were
           eluded
           ,
           and
           only
           the
           dissenting
           Protestants
           smarted
           under
           the
           edge
           of
           them
           .
           In
           the
           midst
           of
           such
           circumstances
           was
           there
           not
           cause
           to
           think
           an
           Union
           of
           all
           Protestants
           necessary
           ,
           and
           could
           they
           have
           any
           just
           ground
           to
           believe
           that
           the
           Dissenters
           ,
           whilst
           they
           lay
           under
           the
           pressures
           of
           severe
           Laws
           ,
           should
           with
           such
           Alacrity
           and
           Courage
           as
           was
           requisite
           ,
           undertake
           the
           defence
           of
           a
           Countrey
           where
           they
           were
           so
           ill
           treated
           ?
           A
           long
           and
           sad
           Experience
           had
           shew'd
           ,
           how
           vain
           the
           endeavours
           of
           former
           Parliaments
           had
           been
           to
           force
           us
           to
           be
           all
           of
           one
           Opinion
           ,
           and
           therefore
           the
           House
           of
           Commons
           resolv'd
           to
           take
           a
           sure
           way
           to
           make
           us
           of
           one
           Affection
           .
           They
           knew
           that
           some
           busie
           men
           would
           be
           striking
           whilst
           there
           were
           weapons
           at
           Hand
           ,
           and
           therefore
           to
           make
           us
           live
           at
           Peace
           ,
           they
           meant
           to
           take
           away
           all
           occasions
           of
           provoking
           or
           being
           provoked
           .
           In
           order
           to
           a
           general
           Repeal
           of
           these
           Laws
           ,
           they
           first
           came
           to
           a
           Vote
           declaring
           the
           necessity
           of
           it
           ,
           to
           which
           there
           was
           not
           one
           Negative
           in
           the
           House
           :
           A
           Vote
           of
           this
           nature
           does
           for
           the
           most
           part
           precede
           the
           bringing
           in
           of
           a
           Bill
           ,
           for
           the
           Repeal
           of
           any
           General
           Law.
           And
           it
           had
           been
           a
           great
           presumption
           in
           a
           particular
           Member
           to
           have
           asked
           leave
           ,
           to
           have
           brought
           in
           a
           Bill
           for
           Repealing
           so
           many
           Laws
           together
           ,
           till
           the
           House
           had
           first
           declar'd
           that
           in
           their
           opinion
           they
           were
           
             Grievous
             &
             inconvenient
          
           .
           No
           
             English
             man
          
           could
           be
           so
           ignorant
           of
           our
           Laws
           ,
           none
           
           but
           a
           French-man
           could
           have
           confidence
           to
           declaim
           against
           a
           proceeding
           so
           regular
           and
           Parlimentary
           as
           this
           .
           Where
           was
           the
           
             disregard
             to
             the
             Laws
             Established
          
           ,
           for
           the
           Commons
           to
           attempt
           the
           abrogating
           of
           a
           Law
           that
           is
           
             Grievous
             to
             the
             Subject
             ,
             and
             dangerous
             to
             the
             Peace
             of
             the
             Kingdom
             ?
             Is
             it
             a
             suspending
             Acts
             of
             Parliament
             ,
          
           if
           they
           declare
           a
           Law
           to
           be
           
             Grievous
             and
             dangerous
          
           in
           their
           Opinion
           ,
           before
           they
           set
           about
           the
           Repeal
           of
           it
           ?
           And
           is
           there
           any
           ground
           to
           doubt
           but
           that
           a
           Bill
           would
           have
           pass'd
           that
           House
           ,
           pursuant
           to
           this
           Vote
           ,
           had
           it
           not
           been
           prevented
           by
           a
           Dissolution
           ?
           Nor
           was
           there
           the
           least
           direction
           or
           signification
           to
           
             the
             Judges
          
           ,
           which
           might
           give
           any
           occasion
           for
           the
           Reflection
           which
           follows
           in
           the
           Declaration
           .
           The
           due
           and
           impartial
           Execution
           of
           the
           Laws
           is
           the
           unquestionable
           Duty
           of
           the
           Judges
           ,
           &
           we
           hope
           they
           will
           always
           remember
           that
           duty
           so
           well
           ,
           as
           not
           to
           necessitate
           a
           H.
           of
           Commons
           to
           do
           theirs
           ,
           by
           calling
           them
           to
           Account
           for
           making
           private
           Instructions
           the
           rule
           of
           their
           Judgments
           ,
           and
           acting
           as
           men
           who
           have
           more
           regard
           to
           their
           Places
           then
           their
           Oaths
           .
           'T
           is
           too
           well
           known
           who
           it
           is
           that
           sollicites
           and
           manages
           in
           favor
           of
           Judges
           ,
           when
           a
           H.
           of
           Commons
           does
           demand
           Justice
           against
           them
           ,
           for
           breaking
           their
           Oaths
           .
           And
           therefore
           the
           Publishers
           of
           this
           Declaration
           had
           said
           something
           well
           ,
           if
           when
           they
           tell
           us
           the
           Judges
           ought
           not
           to
           break
           their
           Oaths
           in
           Reverence
           to
           the
           Votes
           of
           either
           H.
           they
           had
           been
           pleased
           to
           add
           ,
           not
           in
           respect
           of
           any
           Command
           from
           the
           K.
           or
           Favorites
           .
           Then
           we
           should
           have
           no
           more
           Letters
           from
           Secretaries
           of
           State
           to
           Judges
           sitting
           upon
           the
           Bench.
           Then
           we
           should
           have
           no
           more
           Proclamations
           like
           that
           of
           the
           14th
           
             Oct.
             1662.
          
           
           Forbidding
           the
           Execution
           of
           the
           Laws
           concerning
           High-ways
           .
           Nor
           that
           of
           the
           10th
           .
           of
           May
           ,
           1672.
           
           Dispencing
           with
           divers
           clauses
           in
           the
           Acts
           of
           Parliament
           for
           increase
           of
           Shipping
           ;
           Nor
           any
           more
           Declarations
           like
           that
           of
           the
           15.
           of
           
             March
             ,
             1672.
          
           
           Suspending
           the
           penal
           Laws
           in
           matters
           Ecclesiastical
           .
        
         
           But
           the
           Judges
           are
           sworn
           to
           execute
           all
           Laws
           ,
           yet
           their
           is
           no
           obligation
           upon
           any
           man
           to
           inform
           against
           another
           .
           And
           therefore
           though
           the
           Ministers
           prevented
           the
           Repeal
           of
           those
           Laws
           ,
           't
           is
           to
           be
           hop'd
           that
           this
           Vote
           will
           restrain
           every
           Englishman
           from
           prosecuting
           Protestants
           ,
           when
           so
           wise
           and
           great
           a
           body
           have
           declared
           the
           pernicious
           effects
           of
           such
           aprosecution
           .
           'T
           is
           most
           true
           that
           in
           England
           no
           Law
           is
           abrogated
           by
           desuetude
           ,
           but
           it
           is
           no
           less
           true
           that
           there
           are
           many
           Laws
           still
           unrepealed
           
           which
           are
           never
           Executed
           ,
           nor
           can
           be
           without
           publick
           detriment
           .
           The
           Judges
           know
           of
           many
           such
           dormant
           Laws
           ,
           &
           yet
           they
           do
           not
           quicken
           the
           People
           to
           put
           them
           in
           Execution
           ,
           nor
           think
           themselves
           Guilty
           of
           Perjury
           that
           they
           do
           not
           ,
           such
           are
           the
           Laws
           for
           wearing
           Caps
           ,
           for
           keeping
           Lent
           ,
           those
           concerning
           Bowes
           and
           Arrows
           ,
           about
           killing
           Calves
           ,
           and
           Lambs
           ,
           and
           many
           others
           .
           And
           those
           who
           vex
           men
           by
           Information
           on
           such
           antiquated
           Laws
           ,
           have
           been
           ever
           lookt
           upon
           as
           Infamous
           ,
           and
           Disturbers
           of
           the
           publick
           quiet
           .
           Hence
           it
           is
           that
           there
           are
           no
           Names
           remembred
           with
           greater
           detestation
           than
           those
           of
           Empson
           and
           Dudley
           ,
           the
           whole
           Kingdom
           abhor'd
           them
           as
           Monsters
           in
           the
           time
           of
           H.
           VII
           .
           and
           they
           were
           punish'd
           as
           Traitors
           in
           the
           Reign
           of
           his
           Son.
           
        
         
           The
           alteration
           of
           the
           circumstances
           whereupon
           a
           Law
           was
           made
           ,
           or
           if
           it
           be
           against
           the
           genius
           of
           the
           People
           ,
           or
           have
           effects
           contrary
           to
           the
           intent
           of
           the
           makers
           ;
           will
           soon
           cause
           any
           Law
           to
           be
           disused
           ,
           and
           after
           a
           little
           disuse
           ,
           the
           reviving
           of
           it
           will
           be
           thought
           Oppression
           .
           Especially
           if
           experience
           has
           shewn
           that
           by
           the
           non
           Execution
           ,
           the
           quiet
           ,
           the
           safety
           ,
           and
           Trade
           of
           the
           Nation
           have
           been
           promoted
           ;
           of
           all
           which
           the
           Commons
           ,
           who
           are
           sent
           from
           every
           part
           of
           the
           Kingdom
           ,
           are
           able
           to
           make
           the
           clearest
           Judgment
           .
           Therefore
           after
           they
           have
           declared
           their
           Opinions
           of
           the
           Inconvenience
           of
           reviving
           the
           Execution
           of
           these
           Laws
           ,
           which
           have
           lain
           asleep
           for
           divers
           years
           ,
           tho
           the
           Judges
           must
           proceed
           ,
           if
           any
           forward
           Informers
           should
           give
           them
           the
           trouble
           ,
           yet
           they
           would
           not
           act
           wisely
           or
           honestly
           if
           they
           should
           Encourage
           Informers
           ,
           or
           quicken
           Juries
           by
           strict
           and
           severe
           charges
           .
           Especially
           if
           it
           be
           considered
           that
           the
           Lords
           also
           were
           preparing
           Bills
           in
           favor
           of
           Dissenters
           ,
           and
           that
           the
           King
           has
           wish'd
           often
           it
           was
           in
           his
           power
           to
           ease
           them
           .
           So
           that
           tho
           there
           be
           no
           Act
           of
           Repeal
           formerly
           passed
           ,
           we
           have
           the
           consent
           and
           desire
           of
           all
           who
           have
           any
           share
           in
           making
           Acts.
           But
           let
           this
           Vote
           have
           what
           consequence
           it
           will
           ,
           yet
           sure
           the
           Ministers
           had
           forgot
           that
           the
           Black
           Rod
           was
           at
           the
           door
           of
           the
           House
           ,
           to
           require
           them
           to
           attend
           His
           Majesty
           at
           the
           very
           time
           when
           it
           was
           made
           ,
           otherwise
           they
           would
           not
           have
           numbred
           it
           amongst
           the
           causes
           ,
           
             which
             occasioned
             the
             King
             to
             part
             with
             that
             Parliament
             .
          
           And
           those
           that
           knew
           His
           Majesty
           was
           putting
           on
           his
           Robes
           before
           that
           Vote
           passed
           ,
           might
           imagine
           a
           Dissolution
           thus
           forseen
           ,
           might
           occasion
           it
           ,
           but
           cannot
           be
           brought
           to
           
           believe
           ,
           that
           the
           Vote
           which
           was
           not
           in
           being
           ,
           could
           occasion
           the
           Dissolution
           .
           These
           are
           the
           proceedings
           which
           the
           Ministers
           judg
           unwarrantable
           in
           the
           Parliament
           at
           Westminster
           ,
           and
           for
           which
           they
           prevailed
           with
           His
           Majesty
           
             to
             part
             with
             it
          
           .
           But
           since
           it
           is
           evident
           upon
           Examination
           ,
           that
           the
           principles
           of
           our
           Constitution
           ,
           the
           method
           of
           Parliaments
           ,
           and
           the
           precedents
           of
           every
           Age
           ,
           were
           their
           Guide
           and
           Warrant
           in
           all
           those
           things
           ;
           surely
           the
           K.
           must
           needs
           be
           alike
           offended
           with
           the
           Men
           about
           him
           ,
           for
           perswading
           him
           to
           Dissolve
           that
           Parliament
           without
           any
           Cause
           ;
           and
           for
           setting
           forth
           in
           his
           Name
           a
           Declaration
           of
           such
           pretended
           cause
           as
           every
           man
           almost
           sees
           through
           ,
           &
           contrived
           only
           to
           cover
           those
           Reasons
           which
           they
           durst
           not
           Own.
           But
           with
           what
           face
           can
           they
           object
           to
           the
           House
           of
           Commons
           their
           
             strange
             Illegal
             Votes
             declaring
             divers
             Eminent
             Persons
             to
             be
             Enemies
             to
             the
             King
             and
             Kingdom
             ,
          
           when
           at
           the
           same
           time
           they
           arrogate
           to
           themselves
           an
           unheard
           of
           Authority
           to
           Arraign
           one
           of
           the
           three
           Estates
           in
           the
           face
           of
           the
           World
           ,
           for
           
             usurping
             power
             over
             the
             Laws
             ,
             Imprisoning
             their
             fellow
             Subjects
             Arbitrarily
             ,
             exposing
             the
             Kingdom
             to
             the
             greatest
             dangers
             ,
             and
             endeavoring
             to
             deprive
             the
             King
             of
             all
             possibility
             of
             supporting
             the
             Government
             ,
          
           and
           all
           this
           without
           any
           order
           or
           process
           of
           Law
           ,
           without
           hearing
           of
           their
           defence
           ,
           and
           as
           much
           without
           any
           reason
           ,
           as
           Precedent
           .
           We
           have
           had
           Ministers
           heretofore
           so
           bold
           ,
           (
           yet
           ever
           with
           ill
           success
           )
           as
           to
           accuse
           a
           pretended
           Factious
           party
           in
           the
           House
           ,
           but
           never
           did
           any
           go
           so
           high
           as
           openly
           to
           Represent
           the
           whole
           H.
           of
           Commons
           as
           a
           Faction
           ,
           much
           less
           ,
           to
           cause
           them
           to
           be
           denounced
           in
           all
           the
           Churches
           of
           the
           Kingdom
           ,
           that
           so
           the
           People
           might
           look
           upon
           it
           as
           a
           kind
           of
           Excommunication
           .
           But
           if
           they
           erred
           in
           the
           things
           they
           judged
           rightly
           in
           the
           choice
           of
           the
           Persons
           who
           were
           to
           publish
           it
           .
           Blind
           Obedience
           was
           requisite
           ,
           where
           such
           unjustifiable
           things
           were
           imposed
           ,
           and
           that
           could
           be
           no
           where
           so
           entire
           ,
           as
           amongst
           those
           Clergy
           men
           whose
           preferment
           depended
           upon
           it
           .
           Therefore
           it
           was
           ordered
           that
           this
           Declaration
           should
           be
           read
           by
           them
           ,
           being
           pretty
           well
           assured
           that
           they
           would
           not
           unwillingly
           read
           in
           the
           Desk
           ,
           a
           Paper
           so
           suitable
           to
           the
           Doctrin
           w
           ch
           some
           of
           them
           had
           often
           declared
           in
           the
           Pulpit
           .
           It
           did
           not
           become
           them
           to
           enquire
           whether
           they
           had
           sufficient
           Authority
           for
           what
           they
           did
           ;
           since
           the
           Printer
           called
           it
           the
           Ks.
           Declaration
           ,
           &
           whether
           they
           might
           not
           one
           day
           be
           call'd
           to
           account
           for
           publishing
           it
           ;
           nor
           once
           to
           ask
           if
           
           what
           His
           Majesty
           singly
           ordered
           when
           he
           sate
           in
           Council
           ,
           and
           came
           forth
           without
           the
           stamp
           of
           the
           great
           Seal
           ,
           gave
           them
           a
           sufficient
           warrant
           to
           read
           it
           publickly
           .
        
         
           Clergy-men
           seldom
           make
           Reflections
           of
           this
           kind
           ,
           least
           they
           should
           be
           thought
           to
           dispute
           the
           commands
           of
           their
           Superiors
           .
           It
           hath
           been
           observed
           ,
           that
           they
           who
           allow
           unto
           themselves
           the
           liberty
           of
           doubting
           ,
           advance
           their
           fortunes
           very
           slowly
           ,
           whilst
           such
           who
           obey
           without
           scruple
           ,
           go
           on
           with
           a
           success
           equal
           to
           their
           ambition
           .
           And
           this
           carries
           them
           on
           without
           fear
           or
           shame
           ,
           and
           as
           little
           thought
           of
           a
           Parliament
           ,
           as
           the
           Court
           Favorites
           who
           took
           care
           to
           Dissolve
           that
           at
           Oxford
           ,
           before
           they
           durst
           tell
           us
           the
           faults
           of
           that
           at
           Westminster
           .
        
         
           We
           have
           already
           answer'd
           the
           miscarriages
           objected
           to
           the
           first
           ,
           and
           may
           now
           take
           a
           view
           of
           those
           imputed
           to
           the
           other
           ,
           which
           they
           say
           
             was
             Assembled
             as
             soon
             as
             that
             was
             Dissolved
             ,
          
           and
           might
           have
           added
           
             Dissolved
             as
             soon
             as
             Assembled
          
           .
           The
           Ministers
           having
           employ'd
           the
           People
           forty
           days
           in
           chusing
           Knights
           and
           Burgesses
           ,
           to
           be
           sent
           home
           in
           eight
           ,
           with
           a
           Declaration
           after
           them
           ,
           as
           if
           they
           had
           been
           called
           together
           only
           to
           be
           affronted
           .
           The
           Declaration
           doth
           not
           tell
           us
           of
           any
           gracious
           expressions
           used
           at
           the
           opening
           of
           that
           Parliament
           ,
           perhaps
           because
           the
           store
           was
           exhausted
           by
           the
           abundance
           which
           His
           Majesty
           was
           pleased
           to
           bestow
           on
           them
           in
           his
           former
           Speeches
           .
           But
           we
           ought
           to
           believe
           that
           His
           Majesties
           Heart
           was
           as
           full
           of
           them
           as
           ever
           ,
           and
           if
           he
           did
           not
           express
           them
           ,
           it
           is
           to
           be
           imputed
           unto
           the
           Ministers
           ,
           who
           diverted
           him
           from
           his
           own
           inclinations
           ,
           and
           brought
           him
           to
           use
           a
           language
           until
           that
           day
           unknown
           unto
           Parliaments
           .
           The
           Gracious
           Speech
           then
           made
           ,
           &
           the
           Gracious
           Declaration
           that
           followed
           ,
           are
           so
           much
           of
           a
           piece
           ,
           that
           we
           may
           justly
           conclude
           the
           same
           Persons
           to
           have
           been
           Authors
           of
           both
           .
           How
           ever
           His
           Majesty
           failed
           not
           to
           give
           good
           advice
           unto
           them
           ,
           who
           were
           called
           together
           to
           advice
           him
           .
           The
           Parliament
           had
           so
           much
           respect
           of
           their
           K.
           as
           not
           particularly
           to
           complain
           of
           the
           great
           invasion
           ,
           that
           was
           made
           upon
           their
           liberty
           of
           proposing
           &
           debating
           Laws
           ,
           by
           his
           telling
           them
           before
           hand
           what
           things
           they
           should
           meddle
           with
           ,
           and
           what
           things
           ,
           no
           reasons
           they
           could
           offer
           ,
           should
           perswade
           him
           to
           consent
           unto
           .
        
         
           But
           every
           man
           must
           be
           moved
           to
           hear
           it
           charged
           upon
           them
           as
           an
           unpardonable
           disobedience
           ,
           that
           they
           did
           not
           obsequiosly
           submit
           to
           that
           irregular
           Command
           ,
           of
           not
           touching
           on
           the
           busines
           
           of
           the
           succesion
           .
           Shall
           two
           or
           three
           unknown
           Minions
           take
           upon
           them
           ,
           like
           the
           Lords
           of
           the
           Articles
           of
           Scotland
           ,
           to
           prescribe
           unto
           an
           English
           Parliament
           what
           things
           they
           shall
           treat
           off
           ?
           Do
           they
           intend
           to
           have
           Parliaments
           
             inter
             instrumenta
             servitutis
          
           ,
           as
           the
           Romans
           had
           Kings
           in
           our
           Country
           ?
           This
           would
           quickly
           be
           ,
           if
           what
           was
           then
           attempted
           had
           succeeded
           ,
           and
           should
           be
           so
           pursued
           hereafter
           ,
           that
           Parliaments
           should
           be
           directed
           what
           they
           were
           to
           meddle
           with
           ,
           and
           threatned
           if
           they
           do
           any
           other
           thing
           .
           For
           the
           loss
           of
           Liberty
           of
           Freedom
           of
           debate
           in
           Parliament
           ,
           will
           soon
           and
           certainly
           be
           followed
           by
           a
           general
           loss
           of
           Liberty
           .
           Without
           failing
           in
           the
           respect
           which
           all
           good
           Subjects
           owe
           unto
           the
           King
           ,
           it
           may
           be
           said
           that
           His
           Majesty
           ought
           to
           divest
           himself
           of
           all
           private
           inclinations
           ,
           and
           force
           his
           own
           Affections
           to
           yeild
           unto
           the
           publick
           concernments
           :
           And
           therefore
           His
           Parliaments
           ought
           to
           inform
           him
           impartially
           ,
           of
           that
           which
           tends
           to
           the
           good
           of
           those
           they
           represent
           ,
           without
           regard
           of
           personal
           passions
           ,
           and
           might
           worthily
           be
           blam'd
           ,
           if
           they
           did
           not
           believe
           ,
           that
           he
           would
           forgo
           them
           all
           for
           the
           safety
           of
           his
           people
           ,
           Therefore
           if
           in
           it self
           it
           was
           lawful
           to
           propose
           a
           Bill
           for
           excluding
           the
           Duke
           of
           York
           from
           the
           Crown
           ,
           the
           doing
           it
           after
           such
           an
           unwarrantable
           signification
           of
           his
           pleasure
           would
           not
           make
           it
           otherwise
           .
           And
           the
           unusual
           stifnes
           which
           the
           King
           hath
           shown
           upon
           this
           occasion
           ,
           begins
           to
           be
           suspected
           not
           to
           proceed
           from
           any
           fondnes
           to
           the
           Person
           of
           his
           Brother
           ,
           much
           less
           from
           any
           thought
           of
           danger
           to
           the
           English
           Monarchy
           by
           such
           a
           Law
           ,
           but
           from
           the
           influence
           of
           some
           few
           ill
           men
           upon
           his
           Royal
           Mind
           ,
           who
           being
           Creatures
           to
           the
           Duke
           ,
           or
           Pensioners
           to
           France
           ,
           are
           restless
           to
           prevent
           a
           good
           understanding
           betwen
           the
           King
           and
           his
           people
           ;
           justly
           fearing
           that
           if
           ever
           he
           comes
           to
           have
           a
           true
           sence
           of
           their
           affections
           to
           him
           ,
           he
           would
           deliver
           up
           to
           justice
           these
           wicked
           wretches
           ,
           who
           have
           infected
           him
           with
           the
           fatal
           notion
           ,
           that
           the
           interests
           of
           his
           people
           are
           not
           only
           distinct
           but
           opposite
           to
           his
           .
        
         
           His
           Majesty
           does
           not
           seem
           to
           doubt
           of
           his
           power
           in
           conjunction
           with
           his
           Parliament
           ,
           to
           exclude
           his
           Brother
           .
           He
           very
           well
           know's
           this
           power
           hath
           been
           often
           exerted
           in
           the
           time
           of
           his
           Predecessors
           .
           But
           the
           reason
           given
           for
           his
           refusal
           to
           comply
           with
           the
           interests
           and
           desires
           of
           his
           Subjects
           ,
           is
           ,
           because
           it
           was
           a
           
             point
             which
             concerned
             him
             so
             near
             in
             Honour
             ,
             Justice
             and
             Conscience
             .
          
           Is
           it
           not
           honourable
           for
           a
           Prince
           ,
           to
           be
           True
           and
           
           Faithful
           to
           his
           Word
           and
           Oath
           ?
           To
           keep
           and
           maintain
           the
           Religion
           and
           Laws
           established
           ?
           Nay
           can
           it
           be
           thought
           dishonourable
           unto
           him
           ,
           to
           love
           the
           safety
           &
           wel-fare
           of
           his
           People
           and
           the
           true
           Religion
           established
           among
           them
           ,
           above
           the
           Temporal
           Glory
           and
           Greatness
           of
           his
           personal
           Relations
           ?
           Is
           it
           not
           just
           ,
           in
           conjunction
           with
           his
           Parliament
           ,
           for
           his
           Peoples
           safety
           ,
           to
           make
           use
           of
           a
           power
           warranted
           by
           our
           English
           Laws
           ,
           &
           the
           examples
           of
           former
           Ages
           ?
           Or
           is
           it
           just
           for
           the
           Father
           of
           his
           Countrey
           ,
           to
           expose
           all
           his
           Children
           to
           ruine
           out
           of
           fondness
           unto
           a
           Brother
           ?
           May
           it
           not
           rather
           be
           thought
           unjust
           to
           abandon
           the
           Religion
           ,
           Laws
           and
           Liberties
           of
           his
           People
           which
           he
           is
           sworn
           to
           maintain
           and
           defend
           ,
           and
           expose
           them
           to
           the
           Ambition
           and
           Rage
           of
           one
           that
           thinks
           himself
           bound
           in
           Conscience
           to
           subvert
           them
           ?
           If
           His
           Majesty
           is
           pleased
           to
           remember
           what
           Religion
           the
           Duke
           professeth
           ,
           can
           he
           think
           himself
           obliged
           in
           Conscience
           to
           suffer
           him
           to
           ascend
           the
           Throne
           ,
           who
           will
           certainly
           endeavor
           to
           overthrow
           it
           ,
           and
           set
           up
           the
           worst
           of
           Superstitions
           and
           Idolatry
           in
           the
           room
           of
           it
           ?
           Or
           if
           it
           be
           true
           that
           all
           ,
           obligations
           of
           Honor
           ,
           Justice
           and
           Conscience
           ,
           are
           comprehended
           in
           a
           grateful
           return
           of
           such
           benefits
           as
           have
           been
           received
           ,
           can
           His
           Majesty
           believe
           that
           he
           doth
           duly
           repay
           unto
           his
           Protestant
           Subjects
           ,
           the
           kindness
           they
           shewed
           him
           ,
           when
           they
           recalled
           him
           from
           a
           miserable
           helpless
           banishment
           ,
           and
           with
           so
           much
           dutiful
           affection
           placed
           him
           in
           the
           Throne
           ,
           enlarged
           his
           Revenue
           above
           what
           any
           of
           his
           Predecessors
           had
           enjoyed
           ,
           and
           gave
           him
           vaster
           sums
           of
           Money
           in
           twenty
           years
           ,
           than
           had
           been
           bestowed
           upon
           all
           the
           Ks.
           since
           William
           the
           first
           ;
           should
           he
           after
           all
           this
           deliver
           them
           up
           to
           be
           ruin'd
           by
           his
           Brother
           ?
           It
           cannot
           be
           said
           that
           he
           had
           therein
           more
           regard
           unto
           the
           Government
           ,
           than
           to
           the
           Person
           ,
           seeing
           it
           is
           evident
           the
           Bill
           of
           exclusion
           had
           no
           ways
           prejudiced
           the
           legal
           Monarchy
           ,
           w
           ch
           his
           Majesty
           doth
           now
           enjoy
           with
           all
           the
           Rights
           and
           Powers
           which
           his
           wise
           and
           brave
           Ancestors
           did
           ever
           claim
           ,
           because
           many
           Acts
           of
           the
           like
           nature
           have
           passed
           heretofore
           upon
           less
           necessary
           occasions
           .
        
         
           The
           preservation
           of
           every
           Government
           depends
           upon
           an
           exact
           adherence
           unto
           its
           Principles
           ,
           &
           the
           essential
           principle
           of
           the
           English
           Monarchy
           ,
           being
           that
           well
           proportioned
           distribution
           of
           Powers
           ,
           whereby
           the
           Law
           doth
           at
           once
           provide
           for
           the
           greatness
           of
           the
           King
           ,
           and
           the
           safety
           of
           the
           People
           ,
           the
           Government
           can
           subsist
           no
           longer
           ,
           than
           whilst
           the
           Monarch
           enjoying
           
           the
           Power
           which
           the
           Law
           doth
           give
           him
           ,
           is
           enabled
           to
           perform
           the
           part
           it
           allows
           unto
           him
           and
           the
           People
           are
           duly
           protected
           in
           their
           Rights
           and
           Liberties
           .
           For
           this
           reason
           our
           Ancestors
           have
           been
           always
           more
           careful
           to
           preserve
           the
           Government
           inviolable
           ,
           than
           to
           favour
           any
           Personal
           pretences
           ,
           and
           have
           therein
           conformed
           themselves
           to
           the
           practice
           of
           all
           other
           Nations
           ,
           whose
           examples
           deserve
           to
           be
           followed
           .
           Nay
           ,
           we
           know
           of
           none
           so
           slavishly
           addicted
           unto
           any
           Person
           or
           Family
           ,
           as
           for
           any
           reason
           whatsoever
           ,
           to
           admit
           of
           a
           Prince
           who
           openly
           professed
           a
           Religion
           contrary
           to
           that
           which
           was
           established
           amongst
           them
           .
           It
           were
           easie
           to
           alledge
           multitude
           of
           examples
           of
           those
           who
           have
           rejected
           Princes
           for
           reasons
           of
           far
           less
           weight
           then
           difference
           in
           Religion
           ,
           as
           Robert
           of
           
             Normandy
             ,
             Charles
          
           of
           
             Lorrain
             ,
             Alphonso
          
           a
           d●sheradado
           of
           Spain
           ;
           but
           those
           of
           a
           latter
           date
           ,
           against
           whom
           there
           was
           no
           other
           exception
           than
           for
           their
           Religion
           ,
           suiteth
           better
           with
           our
           occasion
           .
           Among
           whom
           it
           is
           needless
           to
           name
           Henry
           of
           Bourbon
           ,
           who
           though
           accomplished
           in
           all
           the
           vertues
           required
           in
           a
           Prince
           ,
           was
           by
           the
           general
           Assembly
           of
           the
           Estate
           at
           Blois
           declared
           uncapable
           of
           succession
           to
           the
           Crown
           of
           France
           ,
           for
           being
           a
           Protestant
           .
           And
           notwithstanding
           his
           valour
           ,
           industry
           ,
           reputation
           and
           power
           increased
           by
           gaining
           four
           great
           Battails
           ,
           yet
           he
           could
           never
           be
           admited
           King
           ,
           till
           he
           had
           renounced
           the
           Religion
           ,
           that
           was
           his
           obstacle
           .
           And
           Sigismund
           Son
           of
           John
           of
           Sweden
           ,
           King
           of
           that
           Country
           by
           Inheritance
           ,
           and
           of
           Poland
           by
           Election
           ,
           was
           deprived
           of
           his
           Hereditary
           Crown
           ,
           and
           his
           Children
           disinherited
           only
           for
           being
           a
           Papist
           ,
           &
           acting
           conformably
           to
           the
           Principles
           of
           that
           Religion
           ,
           though
           in
           all
           other
           respect
           he
           deserved
           to
           be
           a
           King
           and
           was
           most
           acceptable
           unto
           the
           Nation
           .
        
         
           But
           if
           ever
           this
           Maxim
           deserved
           to
           be
           considered
           surely
           it
           was
           in
           the
           case
           of
           the
           Duke
           of
           York
           .
           The
           violence
           of
           his
           natural
           temper
           is
           sufficiently
           known
           :
           His
           vehemence
           in
           exalting
           the
           Prerogative
           (
           in
           his
           Brothers
           time
           )
           beyond
           its
           due
           bounds
           and
           the
           principles
           of
           his
           Religion
           which
           carry
           him
           to
           all
           imaginable
           excesses
           of
           cruelty
           ,
           have
           convinced
           all
           mankind
           that
           he
           must
           be
           excluded
           ,
           or
           the
           Name
           of
           King
           being
           left
           unto
           him
           ,
           the
           power
           put
           into
           the
           hands
           of
           another
           .
           The
           Parliament
           therefore
           considering
           this
           ,
           and
           observing
           the
           precedents
           of
           former
           ages
           ,
           did
           wisely
           choose
           rather
           to
           exclude
           him
           ,
           than
           to
           leave
           him
           the
           Name
           ,
           and
           place
           the
           power
           in
           a
           Regent
           .
           For
           they
           
           could
           not
           but
           look
           upon
           it
           as
           folly
           ,
           to
           expect
           that
           one
           of
           his
           temper
           ,
           bred
           up
           in
           such
           principles
           in
           politicks
           ,
           as
           made
           him
           in
           love
           with
           Arbitrary
           power
           ,
           and
           bigotted
           in
           that
           Religion
           ,
           which
           allewise
           propagates
           it self
           by
           Blood
           ,
           would
           patiently
           bear
           these
           shackles
           ,
           which
           would
           be
           very
           disgustful
           unto
           a
           Prince
           of
           the
           most
           meek
           disposition
           .
           And
           would
           he
           not
           thereby
           have
           been
           provok't
           to
           the
           utmost
           fury
           and
           revenge
           ,
           against
           those
           who
           laid
           them
           upon
           him
           ?
           This
           would
           certainly
           have
           bread
           a
           contest
           ,
           and
           these
           limitations
           of
           power
           proposed
           to
           keep
           up
           the
           Government
           ,
           must
           unavoidably
           have
           destroyed
           it
           ,
           or
           the
           Nation
           ,
           (
           which
           necessity
           would
           have
           forced
           into
           a
           War
           in
           its
           own
           natural
           defence
           )
           must
           have
           perished
           either
           by
           it
           or
           with
           it
           .
           The
           success
           of
           such
           controversies
           are
           in
           the
           hand
           of
           God
           ,
           but
           they
           are
           undertaken
           upon
           too
           unequal
           terms
           ,
           when
           the
           People
           by
           victory
           can
           gain
           no
           more
           ,
           than
           what
           without
           hazard
           may
           be
           done
           by
           Law
           ,
           and
           would
           be
           ruin'd
           if
           it
           should
           fall
           out
           otherwise
           .
           The
           Duke
           with
           Papists
           might
           then
           make
           such
           a
           peace
           ,
           as
           the
           Romans
           are
           said
           to
           have
           made
           once
           in
           our
           desolated
           Countrey
           ,
           by
           the
           slaughter
           of
           all
           the
           inhabitants
           able
           to
           make
           War
           ,
           
           
             &
             ubi
             solitudinem
             faciunt
             pacem
             appellant
             .
          
           This
           is
           the
           happy
           state
           they
           present
           unto
           us
           ,
           who
           condemn
           the
           Parliament
           for
           bringing
           in
           a
           Bill
           of
           Exclusion
           .
           This
           is
           the
           way
           to
           have
           such
           a
           peace
           as
           the
           Spaniards
           ,
           for
           the
           propagation
           of
           the
           Gospel
           made
           in
           the
           West-Indies
           ,
           at
           the
           instigation
           of
           the
           Jesuites
           ,
           who
           govern'd
           their
           Councels
           .
           And
           seeing
           they
           have
           the
           Duke
           no
           less
           under
           their
           power
           and
           directions
           ,
           we
           may
           easily
           beleive
           they
           would
           put
           him
           upon
           the
           same
           methods
           .
           But
           as
           it
           is
           not
           to
           be
           imagined
           ,
           that
           any
           Nation
           that
           hath
           vertue
           ,
           courage
           and
           strength
           equal
           unto
           the
           English
           ,
           will
           so
           tamely
           expect
           their
           ruine
           ,
           so
           the
           passing
           a
           Bill
           to
           exclude
           him
           may
           avoid
           ,
           but
           cannot
           (
           as
           the
           Declaration
           phraseth
           it
           )
           establish
           a
           War.
           But
           if
           there
           must
           be
           a
           War
           ,
           let
           it
           be
           under
           the
           Authority
           of
           Law
           ,
           let
           it
           be
           against
           a
           banished
           excluded
           pretender
           .
           There
           is
           no
           fear
           of
           the
           consequence
           of
           such
           a
           War.
           No
           true
           Englishman
           can
           joyn
           with
           him
           ,
           or
           countenance
           his
           Usurpation
           after
           this
           Act
           ;
           and
           for
           his
           Popish
           and
           forreign
           adherents
           ,
           they
           will
           neither
           be
           more
           provok'd
           ,
           nor
           more
           powerful
           by
           the
           passing
           of
           it
           .
           Nor
           will
           his
           Exclusion
           make
           it
           at
           all
           
             necessary
             to
             maintain
             a
             standing
             force
             ,
             for
             preserving
             the
             Government
             ,
             and
             the
             p●●ce
             of
             the
             Kingdom
             .
          
           The
           whole
           People
           will
           be
           an
           Army
           for
           that
           purpose
           ,
           and
           every
           
           Heart
           and
           Hand
           will
           be
           prepared
           to
           maintain
           that
           so
           necessary
           ,
           so
           much
           desired
           Law.
           A
           Law
           for
           which
           three
           Parliaments
           ,
           have
           been
           so
           earnest
           with
           His
           Majesty
           ,
           not
           only
           in
           pursuance
           of
           their
           own
           judgments
           ,
           but
           by
           the
           direction
           of
           those
           that
           sent
           them
           .
           It
           was
           the
           universal
           Opinion
           of
           the
           Papists
           ,
           that
           Mary
           Queen
           of
           Scots
           ,
           was
           excluded
           only
           by
           an
           Act
           of
           Parliament
           ,
           and
           yet
           we
           see
           Queen
           Elizabeth
           Reigned
           Gloriously
           and
           Peaceably
           forty
           years
           ,
           without
           any
           standing
           force
           .
           But
           our
           Ministers
           do
           but
           dissemble
           with
           us
           ,
           when
           they
           pretend
           to
           be
           so
           much
           afraid
           of
           a
           standing
           Army
           .
           We
           know
           how
           eagerly
           they
           have
           desired
           ,
           and
           how
           often
           they
           attempted
           to
           establish
           one
           .
           We
           have
           seen
           two
           Armies
           raised
           with
           no
           other
           design
           ,
           as
           has
           been
           since
           undenyably
           proved
           ,
           and
           one
           of
           those
           they
           were
           so
           loath
           to
           part
           with
           ,
           that
           more
           than
           one
           Act
           of
           Parliament
           was
           necessary
           to
           get
           it
           disbanded
           .
           And
           since
           that
           ,
           they
           have
           increased
           the
           Guards
           to
           such
           a
           degree
           ,
           that
           they
           are
           become
           a
           formidable
           standing
           force
           .
           A
           thing
           so
           odious
           to
           a
           free
           People
           ,
           that
           the
           raising
           of
           one
           single
           Regiment
           in
           Spain
           ,
           within
           these
           six
           years
           ,
           under
           colour
           of
           being
           a
           guard
           for
           the
           Kings
           Person
           ,
           so
           inflamed
           the
           Nation
           ,
           that
           a
           Rebellion
           had
           ensued
           ,
           if
           they
           had
           not
           been
           disbanded
           speedily
           .
           The
           Nobility
           and
           Gentry
           of
           that
           Kingdom
           ,
           looking
           upon
           themselves
           as
           their
           Kings
           natural
           Guard
           ,
           scorned
           that
           so
           honorable
           a
           Name
           should
           be
           given
           to
           Mercenaries
           .
        
         
           But
           as
           His
           Majesty
           was
           perswaded
           to
           resolve
           against
           the
           expedient
           proposed
           ,
           to
           secure
           our
           peace
           by
           excluding
           the
           Duke
           ,
           so
           it
           is
           evident
           that
           nothing
           was
           intended
           by
           those
           other
           ways
           ,
           which
           were
           darkly
           and
           dubiously
           intimated
           in
           His
           Majesties
           Speech
           unto
           the
           Parliament
           at
           Oxford
           ,
           and
           repeated
           in
           the
           Declaration
           ;
           and
           His
           Majesty
           in
           his
           Wisdom
           could
           not
           but
           know
           that
           they
           signified
           nothing
           .
           And
           those
           who
           spake
           more
           plainly
           in
           proposing
           a
           Regency
           as
           an
           expedient
           ,
           did
           in
           publick
           and
           private
           declare
           ,
           they
           believed
           the
           Duke
           would
           not
           consent
           unto
           it
           ,
           nor
           unto
           any
           unusual
           restriction
           of
           the
           Royal
           Power
           .
           So
           that
           they
           could
           have
           no
           other
           design
           therein
           ,
           than
           a
           plausible
           pretence
           to
           delude
           the
           Parliament
           and
           People
           .
           Some
           such
           consideration
           induced
           them
           to
           revive
           the
           distinction
           between
           the
           Kings
           personal
           and
           politick
           capacity
           ,
           by
           separating
           the
           power
           from
           the
           Person
           ,
           which
           we
           have
           reason
           to
           believe
           they
           esteemed
           unseasable
           .
           However
           it
           is
           more
           than
           probable
           that
           the
           
             Jesuites
             ,
             
             Casuists
          
           ,
           and
           Popish
           Lawyers
           would
           reject
           it
           ,
           as
           well
           as
           any
           thing
           else
           that
           might
           preserve
           us
           from
           falling
           under
           his
           power
           .
           And
           the
           Pope
           who
           could
           absolve
           King
           
             John
             ,
             Henry
          
           the
           third
           and
           others
           ,
           from
           the
           Oaths
           they
           had
           taken
           ,
           to
           preserve
           the
           Rights
           and
           Liberties
           of
           their
           Subjects
           ,
           might
           with
           the
           same
           falicity
           dissolve
           any
           that
           the
           Duke
           should
           take
           .
           And
           as
           our
           Histories
           restifie
           what
           bloody
           Wars
           were
           thereby
           brought
           upon
           the
           Nation
           ,
           we
           have
           reason
           to
           believe
           ,
           that
           if
           the
           like
           should
           again
           happen
           ,
           it
           would
           be
           more
           fatal
           unto
           us
           ,
           when
           Religion
           is
           concerned
           which
           was
           not
           then
           in
           question
           .
           Would
           not
           his
           Confessor
           soon
           convince
           him
           ,
           that
           all
           Laws
           made
           in
           favour
           of
           Heresie
           are
           void
           ?
           And
           would
           he
           not
           be
           liable
           to
           the
           heaviest
           Curses
           ,
           if
           he
           suffered
           his
           power
           to
           be
           used
           against
           his
           Religion
           ?
           The
           little
           regard
           he
           hath
           to
           Laws
           whilst
           a
           Subject
           ,
           is
           enough
           to
           instruct
           us
           what
           respect
           he
           would
           bear
           to
           them
           if
           he
           should
           be
           a
           King.
           Shall
           we
           therefore
           suffer
           the
           Royal
           Dignity
           to
           descend
           on
           him
           ,
           who
           hath
           made
           use
           of
           all
           the
           power
           ,
           he
           has
           been
           entrusted
           with
           hitherto
           ,
           for
           our
           destruction
           ?
           And
           who
           shall
           execute
           this
           great
           Trust
           ?
           The
           next
           Heir
           may
           be
           an
           Infant
           ,
           or
           one
           willing
           to
           surrender
           it
           into
           his
           hands
           .
           But
           should
           it
           be
           otherwise
           ,
           yet
           still
           there
           is
           no
           hope
           of
           having
           any
           fruit
           of
           this
           expedient
           without
           a
           War
           ,
           and
           to
           be
           obliged
           to
           swear
           Allegiance
           to
           a
           Popish
           Prince
           ,
           to
           own
           his
           Title
           ,
           to
           acknowledge
           him
           Supream
           Head
           of
           the
           Church
           ,
           and
           defender
           of
           the
           Faith
           ,
           seems
           a
           very
           strange
           way
           of
           Entitling
           our selves
           to
           fight
           with
           him
           .
        
         
           The
           two
           reasons
           which
           the
           Declaration
           pretends
           to
           give
           against
           the
           exclusion
           ,
           are
           certainly
           of
           more
           force
           against
           the
           expedient
           .
           
             A
             standing
             Force
          
           would
           have
           been
           absolutely
           necessary
           ,
           to
           have
           plac'd
           and
           kept
           the
           
             Administration
             in
             Protestant
             hands
             ;
             and
             the
             Monarchy
             it self
             had
             been
             destroy'd
             by
             a
             Law
             ,
          
           which
           was
           to
           have
           taken
           all
           sort
           of
           Power
           from
           the
           King
           ,
           and
           made
           him
           not
           so
           much
           as
           a
           Duke
           of
           Venice
           .
           How
           absurdly
           and
           incoherently
           do
           these
           men
           discourse
           ?
           Sometimes
           the
           Government
           is
           so
           Divine
           a
           thing
           ,
           that
           no
           human
           Law
           can
           lessen
           or
           take
           away
           his
           Right
           ,
           who
           only
           pretends
           in
           Succession
           ,
           and
           is
           at
           present
           but
           a
           Subject
           .
           But
           at
           other
           times
           they
           tells
           us
           of
           Acts
           of
           Parliament
           to
           banish
           him
           out
           of
           his
           own
           Dominions
           ,
           to
           deprive
           him
           of
           all
           power
           ,
           of
           his
           whole
           Kingship
           after
           he
           shall
           be
           in
           possession
           of
           the
           Throne
           .
           The
           cheat
           of
           this
           expedient
           appear'd
           so
           gross
           in
           the
           House
           of
           Commons
           ,
           that
           one
           of
           the
           Dukes
           professed
           
           Vassals
           ,
           who
           had
           a
           little
           more
           Honour
           than
           the
           rest
           ,
           was
           asham'd
           of
           it
           ,
           and
           openly
           renounced
           the
           project
           which
           they
           had
           been
           forming
           so
           long
           ,
           and
           thought
           they
           had
           so
           Artificially
           disguised
           .
           But
           though
           it
           was
           so
           well
           exposed
           in
           the
           House
           ,
           yet
           the
           Ministers
           thought
           the
           men
           without
           doors
           might
           be
           still
           deceived
           ,
           and
           therefore
           they
           do
           not
           blush
           to
           value
           themselves
           again
           upon
           it
           in
           their
           Declaration
           .
        
         
           As
           for
           the
           insinuation
           which
           follow
           's
           ,
           that
           there
           was
           reason
           to
           beleive
           that
           
             the
             Parliament
             would
             have
             passed
             further
             to
             attempt
             other
             great
             and
             important
             Changes
             at
             present
             .
          
           If
           it
           be
           meant
           any
           change
           of
           the
           Constitution
           of
           the
           Government
           ,
           't
           is
           a
           malicious
           suggestion
           of
           those
           men
           ,
           who
           are
           ever
           instilling
           into
           His
           Majesties
           mind
           ill
           thoughts
           of
           his
           Parliament
           ,
           since
           no
           Vote
           nor
           Proposition
           in
           either
           House
           could
           give
           any
           ground
           for
           such
           suspicion
           ,
           and
           therefore
           in
           this
           matter
           the
           People
           may
           justly
           accuse
           the
           Court
           ,
           (
           who
           so
           often
           cry
           out
           against
           them
           for
           it
           )
           of
           being
           moved
           by
           causeless
           Fears
           and
           Jealousies
           .
           And
           for
           His
           Maj●sty
           to
           be
           perswaded
           to
           Arraign
           the
           whole
           Body
           of
           his
           People
           ,
           upon
           the
           ill
           grounded
           surmises
           ,
           or
           malicious
           and
           false
           suggestions
           of
           evil
           and
           corrupt
           men
           about
           him
           ,
           doth
           neither
           well
           become
           the
           Justice
           of
           a
           Prince
           ,
           nor
           is
           agreeable
           to
           the
           measures
           of
           Wisdom
           ;
           which
           he
           should
           Govern
           himself
           ,
           as
           well
           as
           Rule
           his
           People
           by
           .
           And
           if
           an
           attendance
           to
           the
           slanderous
           accusations
           of
           Persons
           ,
           who
           hate
           Parliaments
           ,
           because
           their
           Crimes
           are
           such
           that
           they
           have
           reason
           to
           fear
           them
           ,
           govern
           and
           sway
           his
           Royal
           mind
           ,
           there
           can
           never
           want
           grouds
           for
           the
           Dissolution
           of
           any
           Parliaments
           .
           But
           if
           they
           mean
           
             by
             attempting
             great
             and
             important
             Changes
             ,
          
           that
           they
           would
           have
           besought
           His
           Majesty
           ,
           that
           the
           Duke
           might
           no
           longer
           have
           the
           Government
           in
           his
           hands
           ,
           that
           his
           dependents
           should
           no
           longer
           preside
           in
           his
           Councils
           ,
           no
           longer
           possess
           all
           the
           great
           Trusts
           and
           Offices
           in
           the
           Kingdom
           ,
           that
           our
           Ports
           ,
           our
           Garrisons
           ,
           and
           our
           Fleets
           should
           be
           no
           longer
           governed
           by
           such
           as
           are
           at
           his
           Devotion
           ,
           that
           Characters
           of
           Honour
           and
           Favour
           should
           be
           no
           longer
           plac'd
           on
           Men
           ,
           that
           the
           Wisdom
           of
           the
           Nation
           hath
           judged
           to
           be
           Favourers
           of
           Popery
           ,
           or
           Pensioners
           of
           France
           .
           These
           were
           indeed
           
             gre●t
             and
             important
             Changes
          
           ,
           but
           such
           as
           it
           becomes
           English
           men
           to
           believe
           were
           designed
           by
           that
           Parliament
           .
           Such
           as
           will
           be
           designed
           and
           prest
           for
           by
           every
           Parliament
           ,
           and
           such
           as
           the
           People
           will
           ever
           pray
           may
           at
           last
           find
           success
           with
           the
           King.
           Without
           
           these
           Changes
           ,
           the
           Bill
           of
           Exclusion
           would
           only
           provoke
           ,
           not
           disarm
           our
           Enemies
           ,
           nay
           the
           very
           Money
           which
           we
           must
           have
           paid
           for
           it
           ,
           would
           have
           been
           made
           use
           of
           to
           secure
           and
           hasten
           the
           Dukes
           return
           upon
           us
           .
        
         
           We
           are
           now
           come
           to
           the
           consideration
           of
           that
           only
           fault
           which
           was
           peculiar
           to
           the
           Parliament
           at
           Oxford
           ,
           and
           that
           was
           their
           behaviour
           in
           relation
           to
           the
           business
           of
           Fitz-Harris
           .
           The
           Declaration
           says
           ,
           
             he
             was
             impeached
             of
             High-Treason
             by
             the
             Commons
             ,
          
           and
           they
           had
           cause
           to
           think
           his
           Treasons
           to
           be
           of
           such
           an
           extraordinary
           Nature
           ,
           that
           they
           well
           deserved
           an
           Examination
           in
           Parliament
           .
           For
           Fitz-Harris
           a
           known
           Irish
           Papist
           appear'd
           by
           the
           Informations
           given
           in
           the
           House
           ,
           to
           be
           made
           use
           of
           by
           some
           very
           great
           persons
           to
           set
           up
           a
           counterfeit
           Protestant
           Conspiracy
           ,
           and
           thereby
           not
           only
           to
           drown
           the
           noise
           of
           the
           Popish
           Plot
           ,
           but
           to
           take
           off
           the
           Heads
           of
           the
           most
           eminent
           of
           those
           ,
           who
           still
           refused
           to
           bow
           their
           knees
           to
           Baal
           .
           There
           had
           been
           divers
           such
           honest
           contrivances
           before
           ,
           which
           had
           unluckily
           fail'd
           ,
           but
           the
           principal
           contrivers
           avoided
           the
           discovery
           ,
           as
           the
           others
           did
           the
           punishment
           ;
           in
           what
           manner
           ,
           and
           by
           what
           helps
           ,
           the
           whole
           Nation
           is
           now
           pretty
           sensible
           .
           Being
           warned
           by
           this
           experience
           they
           grew
           more
           cautious
           than
           ever
           ,
           and
           therefore
           that
           the
           Treason
           which
           they
           were
           to
           set
           on
           Foot
           ,
           might
           look
           as
           unlike
           a
           Popish
           Design
           as
           was
           possible
           ,
           they
           fram'd
           a
           Libel
           full
           of
           the
           most
           bitter
           invectives
           against
           Popery
           and
           the
           Duke
           of
           York
           ,
           It
           carried
           as
           much
           seeming
           zeal
           for
           the
           Protestant
           Religion
           ,
           as
           
           Coleman's
           Declaration
           ,
           and
           as
           much
           care
           and
           concern
           for
           our
           Laws
           ,
           as
           the
           Penners
           of
           this
           Declaration
           would
           seem
           to
           have
           .
           But
           it
           was
           also
           filled
           with
           the
           most
           subtile
           insinuations
           ,
           and
           the
           sharpest
           expressions
           against
           His
           Majesty
           that
           could
           be
           invented
           ,
           and
           with
           direct
           and
           passionate
           incitements
           to
           Rebellion
           .
           This
           Paper
           was
           to
           be
           conveyed
           by
           unknown
           Messengers
           ,
           to
           their
           hands
           who
           were
           to
           be
           betray'd
           ,
           and
           then
           they
           were
           to
           be
           seized
           upon
           ,
           and
           those
           Libels
           found
           about
           them
           ,
           were
           to
           be
           a
           confirmation
           of
           the
           Truth
           of
           a
           Rebellion
           ,
           which
           they
           had
           provided
           Witnesses
           to
           swear
           was
           designed
           by
           the
           Protestants
           ,
           and
           had
           before
           prepared
           men
           to
           believe
           by
           private
           whispers
           .
           And
           the
           credit
           of
           this
           Plot
           should
           no
           doubt
           have
           been
           soon
           confirmed
           ,
           by
           speedy
           Justice
           done
           upon
           the
           pretended
           Criminals
           .
           But
           as
           well
           laid
           as
           this
           contrivance
           seems
           to
           be
           ,
           yet
           it
           spoke
           it self
           to
           be
           of
           a
           Popish
           extraction
           .
           'T
           is
           a
           policy
           the
           Jesuites
           have
           often
           used
           ▪
           
           to
           divert
           a
           storm
           which
           was
           falling
           upon
           themselves
           .
           Accordingly
           heretofore
           they
           had
           prepared
           both
           Papers
           and
           Witnesses
           ,
           to
           have
           made
           the
           Puritans
           guilty
           of
           the
           Gunpowder
           Treason
           ,
           had
           it
           succeeded
           as
           they
           hoped
           for
           .
        
         
           The
           hainous
           nature
           of
           the
           Crime
           ,
           and
           the
           greatness
           of
           the
           Persons
           supposed
           to
           be
           concern'd
           ,
           deserved
           an
           extraordinary
           examination
           ,
           which
           a
           Jury
           ,
           who
           were
           only
           to
           enquire
           whether
           Fitz-Harris
           was
           guilty
           of
           framing
           that
           Libel
           ,
           could
           never
           make
           ;
           and
           the
           Commons
           believed
           none
           but
           the
           Parliament
           was
           big
           enough
           to
           go
           through
           with
           .
           They
           took
           notice
           that
           the
           zeal
           or
           courage
           of
           inferiour
           Courts
           was
           abated
           ,
           and
           that
           the
           Judges
           at
           the
           Trial
           of
           Wakeman
           and
           Gascoign
           (
           however
           it
           came
           to
           pass
           )
           behaved
           themselves
           very
           unlike
           the
           same
           men
           they
           were
           ,
           when
           others
           of
           the
           Plotters
           had
           been
           Tryed
           .
           They
           had
           not
           forgot
           another
           Plot
           of
           this
           nature
           discovered
           by
           Dangerfield
           ,
           which
           though
           plainly
           proved
           to
           the
           Council
           ,
           yet
           was
           quite
           stifled
           by
           the
           great
           deligence
           of
           the
           Kings
           Bench
           ,
           which
           rendred
           him
           as
           an
           incompetent
           Witness
           .
           Nor
           did
           they
           only
           fear
           the
           perversion
           of
           Justice
           ,
           but
           the
           misapplication
           of
           Mercy
           too
           .
           For
           they
           had
           seen
           that
           the
           Mouths
           of
           Gadbury
           and
           others
           ,
           as
           soon
           as
           they
           began
           to
           confess
           ,
           were
           suddainly
           stopt
           by
           a
           gracious
           Pardon
           .
           And
           they
           were
           more
           jealous
           than
           ordinary
           in
           this
           case
           ,
           because
           when
           Fitz-Harris
           was
           inclined
           to
           Repentance
           and
           had
           begun
           a
           Confession
           ,
           to
           the
           surprize
           of
           the
           whole
           Kingdom
           ,
           without
           any
           visible
           cause
           ,
           he
           was
           taken
           out
           of
           the
           lawful
           Custody
           of
           the
           Sheriffs
           ,
           and
           shut
           up
           a
           close
           Prisoner
           in
           the
           Tower.
           The
           Communs
           therefore
           had
           no
           other
           way
           to
           be
           secure
           that
           the
           Prosecution
           should
           be
           effectual
           ,
           the
           judgment
           indifferent
           ,
           and
           the
           Criminal
           out
           of
           all
           hopes
           of
           a
           Pardon
           (
           unless
           by
           an
           ingenuous
           Confession
           he
           could
           engage
           both
           Houses
           in
           a
           powerful
           Mediation
           to
           His
           Majesty
           in
           his
           behalf
           )
           but
           by
           impeaching
           of
           him
           ,
           They
           were
           sure
           no
           Pardon
           could
           stop
           their
           suit
           ,
           though
           the
           King
           might
           release
           his
           own
           Prosecution
           by
           his
           Pardon
           .
        
         
           Hitherto
           the
           Proceedings
           of
           the
           Commons
           in
           this
           business
           could
           not
           be
           lyable
           to
           exception
           ,
           for
           that
           they
           might
           lawfully
           Impeach
           any
           Commoner
           before
           the
           Lords
           ,
           was
           yet
           never
           doubted
           .
           The
           Lords
           themselves
           had
           agreed
           that
           point
           ,
           when
           the
           day
           before
           they
           had
           sent
           down
           the
           Plea
           of
           Sir
           
             William
             Scroggs
          
           to
           an
           Impeachment
           of
           Treason
           ,
           then
           depending
           before
           them
           .
           
           And
           they
           are
           men
           of
           strange
           confidence
           ,
           who
           at
           this
           time
           of
           day
           take
           upon
           them
           to
           deny
           a
           Jurisdiction
           of
           the
           Lords
           ,
           which
           hath
           been
           practised
           in
           all
           times
           without
           controul
           ,
           and
           such
           a
           fundamental
           of
           the
           Government
           ,
           that
           there
           could
           be
           no
           security
           without
           it
           ,
           Were
           it
           otherwise
           ,
           it
           would
           be
           in
           the
           power
           of
           the
           King
           ,
           by
           making
           Commoners
           Ministers
           of
           State
           ,
           to
           subvert
           the
           Government
           by
           their
           contrivances
           when
           he
           pleased
           .
           Their
           greatness
           would
           keep
           them
           out
           of
           the
           reach
           of
           ordinary
           Courts
           of
           Justice
           ,
           and
           their
           Treasons
           might
           not
           perhaps
           be
           within
           the
           Statutes
           ,
           but
           such
           as
           fall
           under
           the
           cognisance
           of
           no
           other
           Court
           than
           the
           Parliament
           ;
           and
           if
           the
           People
           might
           not
           of
           Right
           demand
           Justice
           there
           ,
           they
           might
           without
           fear
           of
           punishment
           ,
           act
           the
           most
           destructive
           villanies
           against
           the
           Kingdom
           .
        
         
           As
           a
           remedy
           against
           this
           evil
           ,
           
           the
           
             Mirrour
             of
             Justice
          
           tells
           us
           ,
           that
           
             Parliaments
             were
             ordained
             to
             hear
             and
             determine
             all
             Complaints
             of
             wrongful
             Acts
             ,
             done
             by
             the
             King
             ,
             Queen
             ,
             or
             their
             Children
             ,
             and
             such
             others
             against
             whom
             common
             Right
             cannot
             be
             had
             elsewhere
             .
          
           Which
           as
           to
           the
           King
           ,
           is
           no
           otherwise
           to
           be
           understood
           ,
           than
           that
           if
           he
           erre
           by
           illegal
           personal
           Commands
           or
           Orders
           ,
           he
           is
           to
           be
           admonished
           by
           Parliament
           ,
           and
           Addressed
           unto
           for
           remedy
           ,
           but
           all
           others
           being
           but
           Subjects
           ,
           are
           to
           be
           punished
           by
           Parliaments
           ,
           according
           to
           the
           Laws
           of
           Parliaments
           .
        
         
           If
           the
           ends
           were
           well
           considered
           for
           which
           Parliaments
           were
           ordained
           ,
           as
           they
           are
           declared
           in
           the
           Statute
           ;
           
             Item
             for
             maintenance
             of
             the
             said
             Articles
             and
             Statues
             ,
             (
             viz.
          
           Magna
           Charta
           ,
           &c.
           )
           a
           Parliament
           shall
           be
           holden
           every
           year
           ,
           by
           them
           as
           well
           as
           by
           the
           forgoing
           ancient
           Authority
           ,
           
           none
           could
           be
           deceived
           by
           the
           Parliament
           Rol.
           of
           4
           Ed.
           3.
           
           
           Where
           it
           is
           mentioned
           as
           accorded
           between
           the
           King
           and
           his
           Grands
           (
           that
           is
           his
           Lords
           )
           that
           Judgement
           of
           death
           ,
           given
           by
           the
           Peers
           against
           Sir
           
             Simon
             de
             Beresford
             ,
             Matrever
          
           ,
           and
           others
           ,
           upon
           the
           Murder
           of
           King
           Ed.
           2.
           and
           his
           Uncle
           ,
           should
           not
           be
           drawn
           into
           example
           ,
           whereby
           the
           Peers
           might
           be
           charged
           to
           judge
           others
           than
           their
           Peers
           ,
           
             contrary
             to
             the
             Law
             of
             the
             Land
             ,
             if
             such
             a
             case
             should
             happen
             .
          
           For
           whereas
           from
           this
           Record
           ,
           some
           would
           perswade
           us
           that
           the
           Lords
           are
           discharged
           from
           judging
           Commoners
           ,
           and
           that
           our
           ancient
           Government
           is
           alter'd
           in
           this
           case
           by
           that
           Record
           ,
           which
           they
           say
           is
           an
           Act
           of
           Parliament
           .
           
           The
           stile
           and
           form
           of
           it
           is
           so
           different
           from
           that
           which
           is
           used
           in
           Acts
           of
           Parliament
           ,
           that
           many
           are
           inclined
           to
           beleive
           it
           to
           be
           no
           other
           thing
           ,
           than
           an
           agreement
           between
           the
           King
           and
           the
           Lords
           .
           But
           to
           remove
           all
           future
           scruples
           in
           the
           case
           ,
           let
           it
           be
           admitted
           to
           be
           an
           Act
           of
           Parliament
           ,
           and
           if
           there
           be
           nothing
           accorded
           in
           it
           ,
           to
           acquit
           the
           Lords
           from
           trying
           Commoners
           Impeached
           before
           them
           by
           the
           Commons
           in
           Parliament
           ,
           then
           we
           hope
           that
           shame
           will
           stop
           their
           mouths
           ,
           who
           have
           made
           such
           a
           noise
           against
           the
           Commons
           with
           this
           Record
           .
           First
           ,
           it
           is
           evident
           from
           the
           Roll
           it self
           with
           other
           Records
           ,
           that
           the
           Lords
           did
           judge
           those
           Commoners
           contrary
           to
           the
           Law
           of
           the
           Land
           ,
           that
           is
           ,
           at
           the
           instance
           of
           the
           King
           ,
           and
           the
           Prosecution
           of
           their
           Enemies
           ,
           without
           the
           due
           course
           of
           the
           Law
           ;
           or
           calling
           them
           to
           make
           their
           defence
           ,
           and
           (
           for
           ought
           appears
           )
           without
           legal
           Testimony
           .
           Secondly
           ,
           It
           is
           evident
           ,
           that
           they
           were
           driven
           upon
           this
           illegal
           proceeding
           ,
           by
           the
           Power
           and
           Authority
           of
           the
           King
           ,
           and
           some
           Prosecutors
           ,
           who
           earnestly
           pressed
           the
           Lords
           thereunto
           ,
           upon
           pretence
           of
           speedily
           avenging
           the
           blood
           of
           the
           former
           King
           and
           his
           Uncle
           .
           So
           that
           the
           judgement
           was
           given
           at
           the
           Kings
           suit
           ,
           in
           a
           way
           not
           warranted
           by
           the
           Law
           and
           Custom
           of
           Parliament
           ,
           or
           any
           other
           Law
           of
           the
           Kingdom
           .
           Surely
           when
           the
           Lords
           blood
           was
           suffered
           to
           cool
           ,
           they
           had
           reason
           to
           desire
           something
           might
           be
           left
           upon
           Record
           ,
           to
           preserve
           them
           for
           the
           future
           from
           being
           put
           upon
           such
           shameful
           work
           ,
           though
           such
           a
           case
           as
           the
           Murder
           of
           a
           King
           should
           again
           happen
           ,
           as
           it
           seems
           they
           did
           not
           fear
           to
           be
           pressed
           in
           any
           other
           ,
           so
           to
           violate
           the
           Laws
           .
           But
           Thirdly
           ,
           There
           is
           not
           a
           word
           in
           the
           Record
           ,
           that
           imports
           a
           restriction
           of
           that
           lawful
           Jurisdiction
           ,
           which
           our
           Constitution
           placeth
           in
           the
           Lords
           to
           try
           Commoners
           ,
           when
           their
           cases
           should
           come
           before
           them
           lawfully
           ,
           at
           the
           suit
           of
           the
           Commons
           by
           Impeachment
           .
           There
           is
           no
           mark
           of
           an
           intention
           to
           change
           any
           part
           of
           the
           ancient
           Government
           ,
           but
           to
           provide
           against
           the
           violation
           of
           it
           ,
           and
           that
           the
           Law
           might
           stand
           as
           before
           notwithstanding
           the
           unlawful
           Judgment
           they
           had
           lately
           given
           .
           So
           that
           the
           question
           is
           still
           the
           same
           ,
           whether
           by
           the
           Law
           of
           the
           Land
           ,
           that
           is
           the
           Law
           and
           Custom
           of
           Parliament
           ,
           or
           any
           other
           Law
           ,
           the
           Lords
           ought
           to
           try
           Commoners
           Impeached
           by
           the
           Commons
           in
           Parliament
           ,
           as
           if
           that
           Record
           had
           never
           been
           .
           And
           we
           cannot
           think
           that
           any
           man
           of
           sence
           ,
           will
           from
           that
           Record
           make
           an
           argument
           in
           this
           point
           ,
           since
           it
           could
           be
           no
           
           better
           than
           to
           infer
           ,
           that
           because
           the
           Lords
           are
           no
           more
           to
           be
           pressed
           by
           the
           the
           King
           ,
           or
           at
           his
           suit
           ,
           to
           give
           Judgement
           against
           Commoners
           contrary
           to
           the
           Law
           of
           the
           Land
           ,
           when
           they
           are
           not
           Impeached
           in
           Parliament
           ,
           therefore
           they
           must
           give
           no
           Judgment
           against
           them
           at
           the
           suit
           of
           the
           Commons
           in
           Parliament
           ,
           when
           they
           are
           by
           them
           Impeached
           ,
           according
           to
           the
           Laws
           and
           Customs
           of
           Parliament
           .
           But
           if
           such
           as
           delight
           in
           these
           cavils
           had
           searched
           into
           all
           the
           Records
           relating
           unto
           that
           of
           the
           4
           Edw.
           3.
           
           They
           might
           have
           found
           in
           the
           19
           of
           the
           same
           King
           ,
           
           a
           Writ
           issued
           out
           to
           suspend
           the
           Execution
           of
           the
           Judgment
           against
           Matrevers
           ,
           because
           it
           had
           been
           illegally
           passed
           .
           And
           the
           chief
           reason
           therein
           given
           ,
           is
           ,
           that
           he
           had
           not
           been
           Impeached
           ,
           and
           suffered
           to
           make
           his
           defence
           .
           But
           it
           was
           never
           suggested
           nor
           imagined
           ,
           that
           the
           Lords
           who
           judged
           him
           ,
           had
           no
           Jurisdiction
           over
           him
           because
           he
           was
           a
           Commoner
           ,
           or
           ought
           not
           to
           have
           exercised
           it
           ,
           if
           he
           had
           been
           Impeached
           .
           Nor
           was
           it
           pretended
           that
           by
           
             Magna
             Charta
          
           he
           ought
           to
           have
           been
           tryed
           only
           by
           his
           Peers
           ;
           the
           Laws
           of
           the
           Land
           therein
           mentioned
           ,
           and
           the
           Laws
           and
           Customs
           of
           Parliaments
           ,
           being
           better
           known
           and
           more
           reverenced
           in
           those
           dayes
           ,
           than
           to
           give
           way
           to
           such
           a
           mistake
           .
           They
           might
           also
           have
           found
           by
           another
           Record
           of
           the
           26.
           of
           the
           same
           King
           ,
           
           that
           by
           undoubted
           Act
           of
           Parliament
           Matravers
           was
           pardon'd
           ,
           and
           the
           Judgment
           is
           therein
           agreed
           by
           the
           Lords
           and
           Commons
           to
           have
           been
           illegal
           ,
           and
           unjustly
           passed
           by
           the
           violent
           Prosecution
           of
           his
           Enemies
           ,
           but
           it
           is
           not
           alledged
           that
           it
           was
           
             coram
             non
             judice
          
           ,
           as
           if
           the
           Lords
           might
           not
           have
           judged
           him
           ,
           if
           the
           proceedings
           before
           them
           had
           been
           legal
           .
           But
           as
           the
           sence
           and
           proceedings
           of
           all
           Parliaments
           ,
           have
           ever
           been
           best
           known
           by
           their
           practice
           ,
           The
           objectors
           might
           have
           found
           by
           all
           the
           Records
           since
           the
           4
           Edw.
           3.
           that
           Commoners
           ,
           as
           well
           as
           Lords
           ;
           might
           be
           ,
           and
           have
           been
           Impeached
           before
           Lords
           ,
           and
           judged
           by
           them
           to
           Capital
           or
           other
           punishments
           ,
           as
           appears
           undenyably
           to
           every
           man
           that
           hath
           read
           our
           Histories
           or
           Records
           .
           And
           verily
           the
           concurrent
           sence
           and
           practice
           of
           Parliaments
           for
           so
           many
           Ages
           ,
           will
           be
           admitted
           to
           be
           a
           better
           interpretation
           of
           their
           own
           Acts
           ,
           than
           the
           sense
           that
           these
           men
           have
           lately
           put
           upon
           them
           to
           encrease
           our
           Disorders
           .
           But
           to
           silence
           the
           most
           malicious
           in
           this
           point
           ,
           let
           the
           famous
           Act
           of
           the
           25
           of
           Edw.
           3.
           be
           considered
           ,
           which
           hath
           ever
           since
           limited
           all
           inferior
           Courts
           in
           their
           Jurisdiction
           ,
           unto
           the
           Tryal
           of
           
           such
           Treasons
           only
           as
           are
           therein
           particularly
           specified
           ,
           and
           reserved
           all
           other
           Treasons
           to
           the
           tryal
           and
           judgment
           of
           Parliament
           .
           So
           that
           if
           any
           such
           be
           committed
           by
           Commoners
           ,
           they
           must
           be
           so
           Tryed
           ,
           or
           not
           at
           all
           .
           And
           if
           the
           last
           should
           be
           allowed
           ,
           it
           will
           follow
           that
           the
           same
           fact
           which
           in
           a
           Peer
           is
           Treason
           ,
           and
           punishable
           with
           death
           ,
           in
           a
           Commoner
           is
           no
           Crime
           ,
           and
           Subject
           to
           no
           punishment
           .
        
         
           Nor
           doth
           
             Magna
             Charta
          
           confine
           all
           Trials
           to
           common
           Juries
           ,
           for
           it
           ordains
           that
           they
           shall
           be
           Tryed
           by
           
             the
             Judgement
             of
             Peers
             ,
             or
             by
             the
             Law
             of
             the
             Land.
          
           And
           will
           any
           man
           say
           the
           Law
           of
           Parliament
           is
           not
           the
           Law
           of
           the
           Land
           ?
           Nor
           are
           these
           words
           in
           
             Magna
             Charta
          
           superfluous
           or
           insignificant
           ,
           for
           then
           there
           would
           be
           no
           Tryal
           before
           the
           Constable
           or
           Marshal
           ,
           where
           is
           no
           Jury
           at
           all
           .
           There
           could
           be
           no
           Tryal
           of
           a
           Peer
           of
           the
           Realm
           upon
           an
           Appeal
           of
           Murder
           ,
           who
           according
           to
           the
           Law
           ,
           ought
           in
           such
           cases
           to
           be
           tried
           by
           a
           common
           Jury
           and
           not
           by
           his
           Peers
           .
           
           And
           since
           the
           Records
           of
           Parliaments
           are
           full
           of
           Impeachment
           of
           Commons
           ,
           and
           no
           instance
           can
           be
           given
           of
           the
           rejection
           of
           any
           such
           Impeachment
           ,
           it
           is
           the
           Commons
           who
           have
           reason
           to
           cite
           
             Magna
             Charta
          
           upon
           this
           occasion
           ,
           which
           provides
           expresly
           against
           the
           denyal
           of
           Justice
           .
           And
           indeed
           it
           looks
           like
           a
           denyal
           of
           Justice
           ,
           when
           a
           Court
           that
           hath
           undoubted
           Cognisance
           of
           a
           Cause
           regularly
           brought
           before
           them
           ,
           shall
           refuse
           to
           hear
           it
           .
           But
           most
           especially
           ,
           when
           (
           as
           in
           this
           case
           )
           the
           Prosecutors
           could
           not
           be
           so
           in
           any
           other
           Court
           ,
           so
           as
           a
           final
           stop
           was
           put
           to
           their
           suit
           ,
           though
           the
           Lords
           could
           not
           judicially
           know
           ,
           whether
           any
           body
           else
           would
           prosecute
           else-where
           .
        
         
           This
           proceeding
           of
           the
           Lords
           looks
           the
           more
           odly
           ,
           because
           they
           rejected
           the
           Cause
           ,
           before
           they
           knew
           as
           Judges
           what
           it
           was
           ,
           and
           
             referred
             it
             to
             the
             ordinary
             Course
             of
             Law
             ,
          
           without
           staying
           to
           hear
           ,
           whether
           it
           were
           a
           matter
           whereof
           an
           inferior
           Court
           could
           take
           Cognisance
           .
           There
           are
           Treasons
           which
           can
           only
           be
           adjudged
           in
           Parliament
           ,
           and
           if
           we
           may
           collect
           the
           sense
           of
           the
           House
           of
           Commons
           from
           their
           debates
           ,
           they
           thought
           there
           was
           a
           mixture
           of
           those
           kind
           of
           Treasons
           in
           
           Fitz-Harris's
           case
           .
           And
           therefore
           there
           was
           little
           reason
           for
           that
           severe
           suggestion
           ,
           
             that
             the
             Impeachment
             was
             only
             designed
             to
             delay
             a
             Trial
             ,
          
           since
           a
           compleat
           examination
           of
           his
           Crime
           could
           be
           had
           no
           where
           bu●
           in
           Parliament
           .
           But
           it
           seems
           somewhat
           strange
           ,
           
             that
             the
             delaying
             of
             a
             Tryal
             ,
             and
             that
             against
             a
             professed
             Papist
             charged
             with
             Treason
             ,
             
             should
             be
             a
             matter
             so
             extreamly
             sensible
             :
          
           For
           might
           it
           not
           be
           well
           retorted
           by
           the
           People
           ,
           that
           it
           had
           been
           long
           
             a
             matter
             extreamly
             sensible
             to
             them
             ,
          
           that
           so
           many
           Prorogations
           ,
           so
           many
           Dissolutions
           ,
           so
           many
           other
           Arts
           had
           been
           used
           to
           delay
           the
           Trials
           ,
           which
           His
           majesty
           had
           often
           desired
           ,
           and
           the
           Parliament
           prepared
           for
           against
           five
           
             professed
             Popish
             Lords
             charged
             with
             Treasons
             of
             an
             extraordinary
             nature
             .
          
           But
           above
           all
           ,
           that
           it
           was
           a
           matter
           
             extreamly
             sensible
          
           to
           the
           whole
           Kingdom
           ,
           to
           see
           such
           Un-Parliamentary
           &
           mean
           Solicitations
           ,
           used
           to
           promote
           this
           pretended
           Rejection
           of
           the
           Commons
           Accusation
           ,
           as
           are
           not
           fit
           to
           be
           remembred
           .
           'T
           is
           there
           that
           the
           
             delay
             of
             the
             Tryal
             is
             to
             be
             laid
          
           ;
           for
           had
           the
           impeachment
           been
           proceeded
           upon
           ,
           and
           the
           Parliament
           suffered
           to
           Sit
           ,
           F●tz-Harris
           had
           been
           long
           since
           executed
           ,
           or
           deserved
           Mercy
           by
           a
           full
           Discovery
           of
           the
           secret
           Authors
           of
           these
           malicious
           designs
           against
           the
           King
           &
           People
           .
           For
           though
           the
           Declaration
           says
           a
           
             Tryal
             was
             directed
          
           ,
           yet
           we
           are
           sure
           nothing
           was
           done
           in
           order
           to
           it
           ,
           till
           above
           a
           month
           after
           the
           Dissolution
           .
           And
           it
           hath
           since
           raised
           such
           questions
           ,
           as
           we
           may
           venture
           to
           say
           ,
           were
           never
           talk't
           of
           before
           in
           
             Westminster
             Hall.
          
           Questions
           which
           touch
           the
           judicature
           of
           the
           Lords
           ,
           &
           the
           Priviledges
           of
           the
           Commons
           in
           such
           a
           degree
           ,
           that
           they
           will
           never
           be
           determined
           by
           the
           decision
           of
           any
           inferior
           Court
           ,
           but
           will
           assuredly
           at
           one
           time
           or
           other
           have
           a
           farther
           Examination
           .
        
         
           We
           have
           seen
           now
           that
           the
           Commons
           did
           it
           not
           without
           some
           ground
           ,
           when
           they
           Voted
           
             the
             Refusal
             of
             the
             Lords
             to
             proceed
             upon
             an
             Impeachment
             ,
             to
             be
             a
             denial
             ●f
             Iustice
             ,
             and
             a
             violation
             of
             the
             Constitution
             of
             Parliaments
          
           ;
           and
           the
           second
           Vote
           was
           but
           an
           application
           of
           this
           Opinion
           to
           the
           present
           case
           .
           The
           third
           Vote
           made
           upon
           that
           occasion
           ,
           was
           no
           more
           than
           what
           the
           King
           himself
           had
           allowed
           ,
           and
           all
           the
           Judges
           of
           England
           had
           agreed
           to
           be
           Law
           ,
           in
           the
           case
           of
           the
           five
           impeached
           Lords
           ,
           who
           were
           only
           generally
           impeached
           ,
           &
           the
           Parliament
           Dissolved
           ,
           before
           any
           Articles
           were
           sent
           up
           against
           them
           .
           Yet
           they
           had
           been
           first
           indicted
           in
           an
           Inferior
           Court
           ,
           and
           preparations
           made
           for
           their
           tryal
           ,
           but
           the
           Judges
           thought
           at
           that
           time
           ,
           that
           a
           prosecution
           of
           all
           the
           Commons
           was
           enough
           to
           stop
           all
           prosecutions
           of
           an
           Inferior
           Nature
           .
           The
           Commons
           had
           not
           Impeached
           
             Fitz
             Harris
          
           ,
           but
           that
           they
           judged
           his
           case
           required
           so
           publick
           an
           Examinaon
           ,
           and
           for
           any
           other
           Court
           to
           go
           about
           to
           try
           &
           condemn
           him
           ,
           tho
           it
           should
           be
           granted
           to
           be
           for
           another
           Crime
           ,
           is
           as
           far
           as
           in
           them
           lies
           to
           stifle
           that
           Examination
           .
        
         
         
           By
           this
           time
           every
           man
           will
           begin
           to
           question
           ,
           whether
           
             the
             Lords
             did
             themselves
             ,
             or
             the
             commons
             Right
             ,
             in
             the
             refusing
             to
             countenance
             such
             a
             proceeding
             .
          
           But
           one
           of
           the
           penmen
           of
           this
           Declaration
           has
           done
           himself
           and
           the
           Nation
           Right
           ,
           and
           has
           discovered
           himself
           by
           using
           his
           ordinary
           phrase
           upon
           this
           occasion
           .
           The
           Person
           is
           well
           known
           without
           naming
           him
           ,
           who
           always
           tells
           men
           they
           have
           done
           themselves
           no
           Right
           ,
           when
           he
           is
           resolved
           to
           do
           them
           none
           .
           As
           for
           the
           Commons
           ,
           nothing
           was
           
             carried
             on
             to
             extremity
             by
             them
             ,
          
           nothing
           done
           but
           what
           was
           Parliamentary
           ?
           They
           could
           not
           desire
           a
           conference
           ,
           till
           they
           had
           first
           stated
           their
           own
           case
           ,
           and
           asserted
           by
           Votes
           the
           matter
           which
           they
           were
           to
           maintain
           at
           a
           conference
           .
           And
           so
           far
           were
           those
           Votes
           from
           putting
           the
           Two
           Houses
           
             beyond
             a
             possibility
             of
             Reconciliation
          
           ,
           that
           they
           were
           made
           in
           order
           to
           it
           ,
           and
           there
           was
           no
           other
           way
           to
           attain
           it
           .
           And
           so
           far
           was
           the
           House
           of
           Commons
           from
           thinking
           themselves
           to
           be
           out
           of
           a
           capacity
           of
           transacting
           with
           the
           Lords
           any
           farther
           ,
           that
           they
           were
           preparing
           to
           send
           a
           Message
           for
           a
           conference
           to
           accommodate
           this
           difference
           ,
           at
           the
           very
           instant
           that
           the
           Black
           Rod
           called
           them
           to
           their
           Dissolution
           .
           If
           every
           difference
           in
           Opinion
           or
           Vote
           ,
           should
           be
           said
           to
           put
           the
           two
           Houses
           out
           
             of
             capacity
             of
             transacting
             business
             together
             ,
          
           every
           Parliament
           almost
           must
           be
           dissolved
           as
           soon
           as
           called
           .
           However
           our
           Ministers
           might
           know
           well
           enough
           ,
           that
           
             there
             was
             no
             possibilty
             of
             Reconciling
             the
             Two
             Houses
             ,
          
           because
           they
           had
           before
           resolved
           
             to
             put
             them
             out
             of
             a
             capacity
             of
             transacting
             together
             by
             a
             suddain
             Dissolution
             .
          
           But
           that
           very
           thing
           justifies
           the
           Commons
           to
           the
           world
           ,
           who
           cannot
           but
           perceive
           that
           there
           was
           solemn
           and
           good
           ground
           for
           them
           to
           desire
           an
           inquiry
           into
           Fitz
           Harris's
           Treason
           ,
           since
           they
           who
           influence
           our
           affairs
           were
           so
           startled
           at
           it
           ,
           that
           in
           order
           to
           prevent
           it
           ,
           they
           first
           promoted
           this
           difference
           between
           the
           two
           Houses
           ,
           and
           then
           broke
           the
           Parliament
           lest
           it
           should
           be
           composed
           .
        
         
           There
           is
           another
           thing
           which
           must
           not
           be
           past
           over
           without
           observation
           ,
           that
           the
           Ministers
           in
           this
           Paper
           take
           upon
           them
           to
           decide
           this
           great
           dispute
           between
           the
           two
           Houses
           ,
           and
           to
           give
           iudgment
           on
           the
           side
           of
           the
           Lords
           .
           We
           may
           well
           demand
           what
           Person
           is
           by
           our
           Law
           Constituted
           a
           Judge
           of
           their
           Priviledges
           ,
           or
           hath
           authority
           to
           censure
           the
           Votes
           of
           one
           House
           ,
           made
           with
           reference
           to
           matters
           wherein
           they
           were
           contesting
           with
           the
           other
           House
           ,
           
             as
             the
             greatest
             violation
             o●
             the
             Constitution
             of
             Parliaments
             .
          
           
           They
           ought
           certainly
           to
           have
           excepted
           the
           power
           which
           is
           here
           assumed
           of
           giving
           such
           a
           judgment
           ,
           and
           publishing
           such
           a
           Charge
           ,
           as
           being
           not
           only
           the
           highest
           violation
           of
           the
           Constitution
           ,
           but
           directly
           tending
           to
           the
           destruction
           of
           it
           .
        
         
           This
           was
           the
           Case
           ,
           
             and
             a
             few
             days
             continuance
             being
             like
             to
             produce
             a
             good
             understanding
             between
             the
             Two
             Houses
             ,
          
           to
           the
           advancing
           
             all
             those
          
           great
           and
           
             publick
             ends
          
           ,
           for
           which
           the
           Nation
           hop'd
           they
           were
           called
           ,
           the
           Ministers
           
             found
             it
          
           necessary
           to
           put
           an
           end
           to
           that
           Parliament
           likewise
           .
        
         
           We
           have
           followed
           the
           Writers
           of
           the
           Declaration
           through
           the
           several
           parts
           of
           it
           ,
           wherein
           the
           House
           of
           Commons
           are
           Reproached
           with
           any
           particular
           Miscarriages
           ,
           and
           now
           they
           come
           to
           speak
           more
           at
           large
           ,
           and
           to
           give
           caution
           against
           two
           sorts
           of
           ill
           Men.
           One
           sort
           they
           say
           ,
           
             are
             men
             fond
             of
             their
             old
             beloved
             Common-wealth
             Principles
             ;
             and
             others
             are
             angry
             at
             being
             disappointed
             in
             designs
             they
             had
             for
             accompl●shing
             their
             own
             Ambition
             and
             Greatness
             .
          
           Surely
           if
           they
           know
           any
           such
           Persons
           ,
           the
           only
           way
           to
           have
           prevented
           the
           mischiefs
           which
           they
           pretend
           to
           fear
           from
           them
           ,
           had
           been
           to
           have
           discovered
           them
           ,
           and
           suffered
           the
           Parliament
           to
           Sit
           to
           provide
           against
           the
           evils
           they
           would
           bring
           upon
           the
           Nation
           ,
           by
           prosecuting
           of
           them
           .
           But
           if
           they
           mean
           by
           these
           lovers
           of
           
             Common-wealth
             Principles
          
           ,
           men
           passionately
           devoted
           to
           the
           Publick
           good
           ,
           and
           to
           the
           common
           service
           of
           their
           Country
           ,
           who
           believe
           that
           Kings
           were
           instituted
           for
           the
           good
           of
           the
           People
           ,
           and
           Government
           ordained
           for
           the
           sake
           of
           those
           that
           are
           to
           be
           governed
           ,
           and
           therefore
           complain
           or
           grieve
           when
           it
           is
           used
           to
           contrary
           ends
           ,
           every
           Wise
           &
           Honest
           man
           will
           be
           proud
           to
           be
           ranked
           in
           that
           number
           .
           And
           if
           Common-wealth
           signifies
           the
           Common
           Good
           ,
           in
           which
           sence
           it
           hath
           in
           all
           Ages
           been
           used
           by
           all
           good
           Authors
           ,
           and
           which
           Bodin
           puts
           upon
           it
           ,
           when
           he
           speaks
           of
           the
           Government
           of
           France
           which
           he
           calls
           a
           Republick
           ,
           no
           good
           man
           will
           be
           asham'd
           of
           it
           .
           Our
           own
           Authors
           ,
           
             The
             Mirror
             of
             Justice
             ,
             Bracton
             ,
             Fleta
             ,
             Fortescue
             ,
          
           and
           others
           in
           former
           times
           .
           And
           of
           latter
           years
           ,
           Sir
           
             Thomas
             Smith
          
           ,
           Secretary
           of
           State
           in
           the
           Reign
           of
           Queen
           Elizabeth
           ,
           in
           his
           Discourses
           of
           the
           Common-wealth
           of
           England
           ,
           Sir
           
             Francis
             Bacon
             ,
             Cook
          
           and
           others
           ,
           take
           it
           in
           the
           same
           sence
           .
           And
           not
           only
           divers
           of
           our
           Statutes
           use
           the
           Word
           ,
           but
           even
           King
           James
           in
           his
           first
           Speech
           unto
           the
           Parliament
           ,
           acknowledgeth
           hmself
           to
           be
           the
           Servant
           of
           the
           Commonwealth
           ,
           
           and
           King
           Charles
           the
           I.
           both
           before
           and
           in
           the
           time
           of
           the
           War
           ,
           never
           expresseth
           himself
           otherwise
           .
           To
           be
           fond
           therefore
           of
           such
           
             Commonwealth
             Principles
          
           ,
           becomes
           every
           Englishman
           ;
           and
           the
           whole
           Kingdom
           did
           hope
           ,
           and
           were
           afterwards
           glad
           to
           find
           ,
           they
           had
           sent
           such
           men
           to
           Parliament
           .
           But
           if
           the
           Declaration
           would
           intimate
           that
           there
           had
           been
           any
           design
           of
           setting
           up
           a
           Democratical
           Government
           ,
           in
           opposit
           on
           to
           our
           legal
           Monarchy
           ,
           it
           is
           a
           calumny
           just
           of
           a
           peice
           with
           the
           other
           things
           which
           the
           penners
           of
           this
           Declaration
           have
           vented
           ,
           in
           order
           to
           the
           laying
           upon
           others
           the
           blame
           of
           a
           design
           to
           overthrow
           the
           Government
           ,
           which
           only
           belongs
           unto
           themselves
           .
        
         
           It
           is
           strange
           how
           this
           Word
           ,
           should
           so
           change
           its
           signification
           ,
           with
           us
           in
           the
           space
           of
           twenty
           years
           .
           All
           Monarchies
           in
           the
           World
           ,
           that
           are
           not
           purely
           Barbarous
           and
           Tyrannical
           ,
           have
           ever
           been
           called
           
             Commonwealths
             .
             Rome
          
           it self
           altered
           not
           that
           name
           ,
           when
           it
           fell
           under
           the
           Sword
           of
           the
           Caesars
           .
           The
           proudest
           and
           cruellest
           of
           Emperor
           disdained
           it
           not
           .
           And
           in
           our
           days
           ,
           it
           doth
           not
           only
           belong
           to
           
             Venice
             ,
             Genoua
             ,
             Switzerland
          
           ,
           and
           the
           
             Vnited
             Provinces
          
           of
           the
           Netherlands
           ,
           but
           to
           
             Germany
             ,
             Spain
             ,
             France
             ,
             Sweden
             ,
             Poland
          
           and
           all
           the
           Kingdoms
           of
           Europe
           .
           May
           it
           not
           therefore
           be
           apprehended
           that
           our
           present
           Ministers
           ,
           who
           have
           so
           much
           decryed
           this
           Word
           so
           well
           known
           to
           our
           Laws
           ,
           so
           often
           used
           by
           our
           best
           Writers
           ,
           and
           by
           all
           our
           Kings
           untill
           this
           day
           ,
           are
           Enemies
           to
           the
           thing
           ?
           And
           that
           they
           who
           make
           it
           a
           brand
           of
           Infamy
           to
           be
           of
           
             Commonwealth
             Principles
          
           ,
           ●hat
           is
           ,
           devoted
           to
           the
           good
           of
           the
           People
           ,
           do
           intend
           no
           other
           than
           the
           hurt
           and
           mischief
           of
           that
           People
           ?
           Can
           they
           in
           plainer
           terms
           declare
           their
           fondness
           of
           their
           beloved
           Arbitrary
           Power
           ,
           and
           their
           design
           to
           set
           it
           up
           ,
           by
           subverting
           our
           Ancient
           Legal
           Monarchy
           instituted
           for
           the
           benefit
           of
           the
           Commonwealth
           ,
           than
           by
           thus
           casting
           reproach
           upon
           those
           who
           endeavour
           to
           uphold
           it
           .
        
         
           Let
           the
           Nation
           then
           to
           whom
           the
           Appeal
           is
           made
           ,
           judge
           who
           are
           the
           men
           that
           endeavour
           to
           Poison
           the
           People
           ,
           and
           who
           they
           are
           who
           are
           guilty
           of
           designing
           innovations
           .
           Bracton
           tells
           us
           that
           
             potestas
             Regis
          
           is
           
             potestas
             Legis
          
           :
           It
           is
           from
           the
           Law
           that
           he
           hath
           his
           Power
           ,
           it
           is
           by
           the
           Law
           that
           he
           is
           King
           ,
           and
           for
           the
           good
           of
           the
           people
           by
           whose
           consent
           it
           is
           made
           .
           The
           Liberty
           and
           welfare
           of
           a
           great
           Nation
           ,
           was
           of
           too
           much
           importance
           to
           be
           suffered
           to
           depend
           upon
           the
           will
           of
           one
           Man.
           The
           best
           and
           wisest
           might
           be
           transported
           by
           an
           excess
           of
           Power
           trusted
           with
           them
           ,
           and
           the
           experience
           of
           all
           times
           showeth
           ,
           
           that
           Princes
           as
           men
           are
           subject
           to
           Errors
           ,
           and
           might
           be
           misled
           .
           Therefore
           (
           as
           far
           as
           mans
           Wit
           could
           foresee
           )
           our
           Constitution
           hath
           provided
           by
           Annual
           Parliaments
           ,
           36.
           
           
             Edw.
             3.
             cap.
          
           10.
           that
           the
           Common-wealth
           might
           receive
           no
           hurt
           ;
           and
           it
           is
           the
           Parliament
           ,
           that
           must
           from
           time
           to
           time
           correct
           the
           mischiefs
           which
           dayly
           creep
           in
           upon
           us
           .
           Let
           us
           then
           no
           longer
           wonder
           ,
           when
           we
           see
           such
           frequent
           Prorogations
           and
           Dissolutions
           of
           Parliaments
           ;
           nor
           stand
           amazed
           at
           this
           last
           unparalell'd
           effort
           of
           the
           Ministers
           by
           this
           Declaration
           to
           render
           two
           Parliaments
           odious
           unto
           the
           People
           .
           They
           well
           know
           that
           Parliaments
           were
           ordain'd
           to
           prevent
           such
           mischiefs
           as
           they
           design'd
           ,
           and
           if
           they
           were
           suffered
           to
           pursue
           the
           ends
           of
           their
           institution
           ,
           would
           endeavor
           to
           preserve
           all
           things
           in
           their
           due
           order
           .
           To
           unite
           the
           King
           unto
           his
           People
           ,
           and
           the
           Hearts
           of
           the
           People
           unto
           the
           King
           :
           To
           keep
           the
           Regal
           Authority
           within
           the
           bounds
           of
           Law
           ,
           and
           perswade
           His
           Majesty
           to
           direct
           it
           to
           the
           publick
           good
           which
           the
           Law
           intends
           .
           But
           as
           this
           is
           repugnant
           to
           the
           introduction
           of
           Arbitrary
           Power
           and
           Popery
           ,
           they
           who
           delight
           in
           both
           ,
           cannot
           but
           hate
           it
           ,
           and
           chuse
           rather
           to
           bring
           matters
           into
           such
           a
           state
           as
           may
           suit
           with
           their
           private
           interests
           ,
           than
           suffer
           it
           to
           continue
           in
           its
           right
           Channel
           .
           They
           love
           to
           fish
           in
           troubled
           Waters
           ,
           and
           they
           find
           all
           disorders
           profitable
           unto
           themselves
           .
           They
           can
           flatter
           the
           humor
           of
           a
           misguided
           Prince
           ,
           and
           encrease
           their
           Fortunes
           by
           the
           excesses
           of
           a
           wastful
           Prodigal
           .
           The
           phrensie
           of
           an
           Imperious
           Woman
           is
           easily
           rendred
           propitious
           unto
           them
           ,
           and
           they
           can
           turn
           the
           zeal
           of
           a
           violent
           bigot
           to
           their
           advantage
           .
           The
           Treacheries
           of
           false
           Allies
           agree
           with
           their
           own
           corruptions
           ,
           and
           as
           they
           fear
           nothing
           so
           much
           as
           that
           the
           King
           should
           return
           unto
           his
           People
           ,
           and
           keep
           all
           things
           quiet
           ,
           they
           almost
           ever
           render
           themselves
           subservient
           to
           such
           as
           would
           disturb
           them
           .
           And
           if
           these
           two
           last
           Parliaments
           according
           to
           their
           duty
           ,
           and
           the
           trust
           reposed
           in
           them
           ,
           have
           more
           steddily
           than
           any
           other
           before
           them
           ,
           persisted
           in
           the
           Pious
           and
           Just
           endeavors
           of
           easing
           the
           Nation
           of
           any
           of
           its
           Grievances
           ,
           the
           Authors
           of
           the
           Declaration
           found
           it
           was
           their
           best
           course
           ,
           by
           false
           colors
           put
           upon
           things
           ,
           &
           subtile
           misrepresentations
           of
           their
           actings
           to
           delude
           the
           People
           into
           an
           abhorrence
           of
           their
           own
           Representatives
           ,
           but
           with
           what
           candor
           and
           ingenuity
           they
           have
           attempted
           it
           ,
           is
           already
           sufficiently
           made
           known
           .
           And
           if
           we
           look
           about
           us
           ,
           we
           shall
           find
           those
           who
           design
           a
           change
           ,
           on
           either
           hand
           fomenting
           a
           misunderstanding
           between
           the
           King
           ,
           His
           Parliament
           and
           People
           ,
           whilst
           persons
           who
           love
           the
           legal
           Monarchy
           both
           out
           of
           Choice
           and
           Conscience
           ,
           are
           they
           who
           desire
           the
           frequent
           and
           successful
           meetings
           of
           the
           great
           Council
           of
           the
           Nation
           .
        
         
           As
           for
           the
           other
           sort
           of
           peevish
           men
           ,
           of
           whom
           the
           Declaration
           gives
           us
           warning
           ,
           
             who
             are
             angry
             at
             the
             disappointment
             of
             their
             Ambitious
             designs
          
           ;
           
           if
           these
           words
           are
           intended
           to
           reflect
           on
           those
           men
           of
           Honor
           and
           Conscience
           ,
           who
           being
           qualified
           for
           the
           highest
           employments
           of
           State
           ,
           have
           either
           left
           ,
           or
           refused
           ,
           or
           been
           removed
           from
           them
           ,
           because
           they
           would
           not
           accept
           or
           retain
           them
           at
           the
           price
           of
           selling
           their
           Country
           ,
           and
           Enslaving
           posterity
           :
           And
           who
           are
           content
           to
           Sacrifice
           their
           safety
           as
           well
           as
           their
           interest
           for
           the
           publick
           ,
           and
           expose
           themselves
           to
           the
           malice
           of
           the
           men
           in
           power
           ,
           and
           to
           the
           dayly
           Plots
           ,
           Perjuries
           ,
           and
           Subornations
           of
           the
           Papists
           .
           I
           say
           ,
           if
           these
           be
           the
           
             amb●tious
             men
          
           spoken
           off
           ,
           the
           people
           will
           have
           consideration
           for
           what
           they
           say
           ,
           and
           therefore
           it
           will
           be
           wisdom
           ,
           to
           give
           such
           men
           as
           these
           no
           occasion
           to
           say
           ,
           that
           they
           intend
           to
           
             lay
             aside
             the
             use
             of
             Parliaments
             .
          
        
         
           In
           good
           earnest
           the
           behavior
           of
           the
           Ministers
           of
           late
           ,
           gives
           but
           too
           just
           occasion
           to
           say
           ,
           that
           the
           
             use
             of
             Parliaments
             is
             already
             laid
             aside
             .
          
           For
           tho
           His
           Majesty
           has
           owned
           in
           so
           many
           of
           His
           Speeches
           and
           Declarations
           ,
           the
           great
           danger
           of
           the
           Kingdom
           ,
           and
           the
           necessity
           of
           the
           Aid
           and
           Counsel
           of
           Parliaments
           ,
           he
           hath
           nevertheless
           been
           prevailed
           upon
           to
           Dissolve
           four
           in
           the
           space
           of
           26
           Months
           without
           making
           provision
           by
           their
           advice
           suitable
           to
           our
           dangers
           or
           wants
           .
           Nor
           can
           we
           hope
           the
           the
           Court
           will
           ever
           love
           any
           Parliament
           better
           ,
           than
           the
           first
           of
           those
           four
           ,
           wherein
           they
           had
           so
           dearly
           purchased
           such
           a
           number
           of
           fast
           Friends
           ;
           Men
           who
           having
           first
           sold
           themselves
           ,
           would
           not
           stick
           to
           sell
           any
           thing
           after
           .
           And
           we
           may
           well
           suspect
           they
           mean
           very
           ill
           at
           Court.
           when
           their
           designs
           shock't
           such
           a
           Parliament
           .
           For
           that
           very
           Favourite
           Parliament
           no
           sooner
           began
           in
           good
           earnest
           to
           examin
           what
           had
           been
           done
           ,
           and
           what
           was
           doing
           ,
           but
           they
           were
           sent
           away
           in
           hast
           and
           in
           a
           fright
           ,
           though
           the
           Ministers
           know
           they
           lost
           thereby
           a
           constant
           Revenue
           of
           extraordinary
           Supplies
           .
           And
           are
           the
           Ministers
           at
           present
           more
           innocent
           ,
           than
           at
           that
           time
           :
           The
           same
           interest
           hath
           the
           ascendant
           at
           Court
           still
           ,
           and
           they
           have
           heightned
           the
           Resentments
           of
           the
           Nation
           ,
           by
           repeated
           affronts
           ;
           and
           can
           we
           beleive
           them
           that
           they
           dare
           suffer
           a
           Parliament
           now
           to
           Sit.
           
        
         
           But
           we
           have
           gain'd
           at
           least
           this
           one
           Point
           by
           the
           Declaration
           ,
           that
           it
           is
           own'd
           to
           us
           ,
           
             that
             Parliaments
             are
             the
             best
             Method
             ,
             for
             healing
             the
             distempers
             of
             the
             Kingdem
             ,
             and
             the
             only
             means
             to
             preserve
             the
             Monarchy
             in
             credit
             both
             at
             home
             and
             abroad
             .
          
           Own'd
           by
           these
           very
           men
           who
           have
           so
           maliciously
           rendred
           many
           former
           Parliaments
           ineffectual
           ,
           and
           by
           this
           Declaration
           have
           done
           their
           utmost
           to
           make
           those
           which
           are
           to
           come
           as
           fruitless
           ,
           and
           thereby
           have
           confessed
           that
           they
           have
           no
           concern
           for
           
             healing
             the
             distempers
             of
             the
             Kingdom
             ,
             and
             preserving
             the
             credit
             of
             the
             Monarchy
          
           ;
           which
           is
           in
           effect
           to
           acknowledge
           themselves
           ,
           to
           be
           what
           the
           
           Commons
           called
           them
           ,
           
             Enemies
             to
             the
             King
             and
             Kingdom
             .
          
           Nothing
           can
           be
           more
           true
           ,
           then
           that
           the
           Kingdom
           can
           never
           recover
           it's
           
             strength
             and
             reputation
             abroad
          
           ,
           or
           its
           ancient
           Peace
           and
           Settlement
           at
           home
           ,
           His
           Majesty
           can
           never
           be
           releived
           from
           his
           fears
           and
           his
           domestick
           wants
           ,
           nor
           secure
           from
           the
           Affronts
           which
           he
           dayly
           suffers
           from
           abroad
           ,
           till
           he
           resolves
           not
           only
           to
           
             call
             Parliaments
          
           ,
           but
           to
           Hearken
           to
           them
           when
           they
           are
           called
           .
           For
           without
           that
           ,
           it
           is
           not
           a
           Declaration
           ,
           it
           is
           not
           repeated
           promises
           ,
           nay
           it
           is
           not
           the
           frequent
           calling
           of
           Parliaments
           which
           will
           convince
           the
           world
           ,
           that
           the
           
             use
             of
             them
             is
             not
             intended
             to
             be
             laid
             aside
             .
          
        
         
           However
           we
           rejoyce
           ,
           that
           His
           Majesty
           seems
           
             resolved
             to
             have
             frequent
             Parliaments
          
           ,
           and
           hope
           he
           will
           be
           just
           to
           Himself
           ,
           and
           us
           ,
           by
           continuing
           constant
           to
           this
           Resolution
           .
           Yet
           we
           cannot
           but
           doubt
           in
           some
           degree
           ,
           when
           we
           remember
           the
           Speech
           made
           26
           Jan.
           1679.
           to
           both
           Houses
           ,
           wherein
           he
           told
           them
           ,
           that
           he
           was
           
             Vnalterably
             of
             an
             Opinion
             ,
             that
             long
             intervals
             of
             Parliaments
             were
             absolutely
             necessary
             ,
             for
             composing
             &
             quieting
             the
             minds
             of
             the
             People
             .
          
           Therefore
           ,
           which
           we
           ought
           rather
           to
           beleive
           ,
           the
           Speech
           or
           the
           Declaration
           ;
           or
           which
           is
           likely
           to
           last
           longest
           ,
           
             a
             Resolution
          
           or
           
             an
             unalterable
             opinion
          
           ,
           is
           a
           matter
           too
           Nice
           for
           any
           but
           Court
           Criticks
           to
           Decide
           .
           The
           effectual
           performance
           of
           the
           last
           part
           of
           the
           promise
           ,
           will
           give
           us
           assurance
           of
           the
           first
           .
           When
           we
           see
           the
           real
           fruits
           of
           these
           
             utmost
             endeavours
             to
             extirpate
             Popery
             out
             of
             Parliament
          
           ;
           when
           we
           see
           the
           D.
           of
           York
           no
           longer
           first
           Minister
           ,
           or
           rather
           Protector
           of
           these
           Kingdoms
           ,
           and
           his
           Creature
           's
           no
           longer
           to
           have
           the
           whole
           direction
           of
           Affairs
           ;
           when
           we
           see
           that
           Love
           to
           our
           Religion
           and
           Laws
           is
           no
           longer
           a
           crime
           at
           Court
           ;
           no
           longer
           a
           certain
           forerunner
           of
           being
           Disgr●c'd
           and
           Remov'd
           from
           all
           Offices
           and
           Employments
           in
           their
           Power
           wh●n
           the
           word
           Loyal
           (
           which
           is
           faithful
           to
           the
           Law
           ,
           )
           shall
           be
           restored
           to
           its
           old
           meaning
           ,
           &
           no
           longer
           signifie
           one
           who
           is
           for
           subverting
           the
           Laws
           ;
           when
           we
           see
           the
           Commissions
           fill'd
           with
           hearty
           Protestants
           ,
           &
           the
           Laws
           executed
           in
           good
           earnest
           against
           the
           Papists
           ,
           the
           Discoverers
           of
           the
           Plot
           countenanc'd
           ,
           or
           at
           least
           heard
           ,
           and
           suffered
           to
           give
           their
           Evidence
           ,
           the
           Courts
           of
           Justice
           steady
           and
           not
           Avowing
           a
           Jurisdiction
           one
           day
           ,
           which
           they
           Disown
           the
           next
           ;
           no
           more
           Grand
           Juries
           discharg'd
           ,
           least
           they
           should
           hear
           Witnesses
           ,
           nor
           Witnesses
           hurried
           away
           ,
           least
           they
           should
           inform
           Grand
           Juries
           ;
           when
           we
           see
           no
           more
           Instruments
           from
           Court
           labouring
           to
           raise
           Jealousies
           of
           Protestants
           at
           home
           ,
           and
           some
           regard
           had
           to
           Protestants
           abroad
           ;
           when
           we
           observe
           somewhat
           else
           to
           be
           meant
           by
           
             Governing
             according
             to
             Law
          
           ,
           then
           barely
           to
           put
           in
           Execution
           against
           Dissenters
           ,
           the
           Laws
           made
           against
           Papists
           ;
           then
           we
           shall
           promise
           our selves
           not
           only
           
             frequent
             Parliaments
          
           ,
           but
           all
           the
           blessed
           effects
           of
           pursuing
           Parliamentary
           Counsels
           ,
           the
           
           
             Extirpation
             of
             Popery
             ,
             the
             Redress
             of
             Greivances
             ,
             the
             flourishing
             of
             Laws
             ,
          
           and
           the
           perfect
           
             Restoring
             the
             Monarchy
             to
             the
             Credit
             ,
             which
             is
             ought
             to
             have
             ,
          
           (
           but
           which
           the
           Authors
           of
           the
           Declaration
           confess
           it
           wants
           )
           
             both
             at
             Home
             and
             Abroad
          
           .
           There
           needs
           no
           time
           
             to
             open
             the
             Eyes
             of
             His
             Majesties
             good
             Subjects
             ,
             and
             their
             Hearts
             are
             ready
             prepared
             to
             meet
             him
             in
             Parliaments
             ,
             in
             order
             to
             Perfect
             all
             the
             good
             Settlement
             and
             Peace
             ,
             wanting
             in
             Church
             and
             State.
             
          
        
         
           But
           whilst
           there
           are
           so
           many
           little
           Emissaries
           imployed
           to
           sow
           and
           encrease
           Divisions
           in
           the
           Nation
           ,
           as
           if
           the
           Ministers
           had
           a
           mind
           to
           make
           His
           Majesty
           the
           Head
           of
           a
           Faction
           ,
           and
           joyn
           himself
           to
           one
           Party
           in
           the
           Kingdom
           ,
           who
           has
           a
           just
           right
           of
           Governing
           all
           (
           which
           
             Thuanm
             lib.
          
           28.
           says
           ,
           was
           the
           notorious
           folly
           ,
           and
           occasioned
           the
           Destruction
           of
           his
           great
           Grand
           Mother
           Mary
           Queen
           of
           Scots
           )
           whilst
           we
           see
           the
           same
           D●fferences
           promoted
           iudustriously
           by
           the
           Court
           ,
           which
           
             gave
             the
             rise
             and
             progress
             to
             the
             late
             troubles
             ,
          
           and
           which
           were
           once
           thought
           fit
           to
           be
           buried
           in
           an
           Act
           of
           Oblivion
           .
           VVhilst
           we
           see
           the
           Popish
           interest
           so
           plainly
           Countenanced
           ,
           which
           was
           then
           done
           with
           Caution
           ;
           when
           every
           pretence
           of
           Pretogative
           is
           strained
           to
           the
           utmost
           Height
           ,
           when
           Parlaiments
           are
           used
           with
           contempt
           and
           indignity
           ,
           and
           their
           judicature
           ,
           &
           all
           their
           Highest
           Priviledges
           brought
           in
           Question
           in
           inferior
           Courts
           ,
           we
           have
           bu●
           too
           good
           cause
           to
           believe
           ,
           that
           though
           every
           Loyal
           and
           Good
           man
           does
           ,
           yet
           the
           Ministers
           and
           Favourites
           ,
           do
           but
           little
           
             consider
             the
             Rise
             and
             Progress
             of
             the
             late
             Troubles
             ,
          
           and
           have
           little
           
             desire
             or
             care
             to
             preserve
             their
             Country
             from
             a
             Relapse
             .
          
           And
           who
           as
           they
           never
           yet
           shewed
           
             regard
             to
             Religion
             ,
             Liberty
             or
             Property
             ,
          
           so
           they
           would
           be
           little
           concern'd
           to
           see
           the
           
             Monarchy
             shaken
             off
          
           ,
           if
           they
           might
           escape
           the
           vengeance
           of
           Publick
           Justice
           ,
           due
           to
           them
           for
           so
           long
           a
           Course
           of
           pernicious
           Counsels
           ,
           and
           for
           Crowning
           all
           the
           rest
           of
           their
           faults
           by
           thus
           Reflecting
           upon
           that
           High
           Court
           ,
           before
           which
           we
           do
           not
           doubt
           but
           we
           shall
           see
           them
           one
           Day
           brought
           to
           Judgment
           .
        
         
           Thus
           have
           we
           with
           an
           English
           plainness
           ,
           expressed
           our
           thoughts
           of
           the
           late
           Parliaments
           and
           their
           Proceedings
           ,
           as
           well
           as
           of
           the
           Court
           in
           Relation
           to
           them
           ,
           and
           hope
           this
           Freedom
           will
           offend
           no
           man.
           The
           Ministers
           ,
           who
           may
           be
           concern'd
           through
           their
           appealing
           unto
           the
           People
           ,
           cannot
           in
           Justice
           deny
           unto
           any
           one
           of
           them
           the
           Liberty
           of
           weighing
           the
           reasons
           which
           they
           have
           thought
           fit
           to
           publish
           in
           vindication
           of
           their
           actions
           .
           But
           if
           it
           should
           prove
           otherwise
           ,
           and
           these
           few
           sheets
           be
           thought
           as
           weak
           and
           full
           of
           errors
           ,
           as
           those
           we
           endevour
           to
           confute
           ,
           or
           be
           held
           injurious
           unto
           them
           ,
           we
           desire
           only
           to
           know
           in
           ,
           what
           we
           transgress
           ,
           and
           that
           the
           Press
           may
           be
           open
           for
           our
           justification
           ;
           Let
           the
           People
           to
           whom
           the
           Appeal
           is
           made
           judge
           then
           between
           them
           and
           us
           ;
           and
           let
           Reason
           and
           the
           Law
           be
           the
           Rules
           ,
           according
           unto
           which
           the
           Controversie
           may
           be
           decided
           .
           But
           if
           by
           denying
           this
           ,
           they
           shall
           like
           Beasts
           recurr
           to
           force
           ;
           they
           will
           thereby
           acknowledge
           that
           they
           want
           the
           Arms
           which
           belong
           to
           rational
           Creatures
           VVhereas
           if
           the
           Liberty
           of
           Answering
           be
           left
           us
           ,
           we
           will
           give
           up
           the
           Cause
           ,
           and
           confess
           ,
           that
           both
           Reason
           and
           Law
           are
           wanting
           unto
           us
           ,
           if
           we
           do
           not
           in
           our
           Reply
           satisfie
           all
           reasonable
           and
           impartial
           men
           that
           nothing
           is
           said
           by
           us
           ,
           but
           what
           is
           just
           ,
           and
           necessary
           to
           preserve
           the
           interests
           of
           the
           King
           and
           his
           People
           .
           Nor
           can
           there
           be
           any
           thing
           more
           to
           the
           Honour
           of
           His
           Majesty
           :
           than
           to
           give
           the
           Nations
           round
           about
           us
           to
           understand
           ,
           that
           the
           King
           of
           England
           ,
           doth
           neither
           Reign
           over
           a
           Base
           ,
           servile
           People
           ,
           who
           hearing
           themselves
           Arraign'd
           ,
           and
           Condemned
           ,
           dare
           not
           speak
           in
           their
           own
           Defence
           and
           Vindication
           ;
           nor
           over
           so
           silly
           ,
           foolish
           and
           weak
           a
           People
           ,
           as
           that
           ill
           designed
           ,
           and
           worse
           supported
           Paper
           might
           occasion
           the
           VVorld
           to
           think
           ,
           but
           that
           there
           are
           some
           Persons
           in
           his
           Dominions
           ,
           not
           only
           of
           true
           English
           Courage
           ,
           but
           of
           greater
           intellectuals
           as
           well
           as
           better
           Morals
           ,
           than
           the
           Advisers
           unto
           ,
           and
           Penners
           of
           the
           Declaration
           have
           manifested
           themselves
           to
           be
           .
        
         
           FINIS
           .
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A41174-e10
           
             4
             Edw.
             3
             c.
             14.
             36
             
             Ed.
             3.
             c.
             10.
             2
             
             R.
             2.
             
             Nu.
             28.
             
          
           
             Speech
             ,
             21
             Oct
             1680
             
          
           
             Speech
             ,
             30
             Apr.
             1679
             
          
           
             Speech
             ,
             26
             Oct.
             1662
             
          
           
             Speech
             ,
             26
             Dec.
             1662
             
          
           
             Speech
             ,
             6
             March
             ,
             1679
             
          
           
             Lord
             Chancellors
             Speech
             23.
             
             May
             1678.
             
          
           
             Address
             ▪
             presented
             ,
             21
             Dec.
             1680.
             
          
           
             Address
             presented
             29
             Nov.
             1680.
             
          
           
             Rot
             Part
             ,
             5.
             
             H.
             4
             ▪
             Nu.
             16.
             
          
           
             Traitte
             des
             droits
             de
             la
             Reine
             .
          
           
             On
             t
             cette
             bien
             heureuse
             impuissance
             de
             ne
             pouvoir
             rien
             faire
             contre
             les
             Loys
             de
             leur
             Pali
             .
             Post●●l●●
             de
             Reb●
             Turcicis
             .
          
           
             1.
             
             R
             3.
             cap.
             2.
             
          
           
             12
             Car.
             2.
             c4
             .
             4.
             confirm'd
             13.
             
             Car.
             6
             7.
             
          
           
             12
             Car.
             2.
             c.
             23.
             an
             
          
           
             33
             &
             14
             Car.
             c.
             10.
             
          
           
             Tacit.
             
          
           
             Cap.
             1.
             
             Sect.
             2.
             pag.
             9.
             
          
           
             36
             Ed.
             3.
             10.
             
          
           
             Rot.
             Parl.
             4
             Ed.
             3.
             
             Nu.
             6.
             
          
           
             Rot.
             Parl.
             ●●
             Edw.
             3.
             
             M.
             18.
             
          
           
             Rot
             Parl.
             26
             Edw.
             3.
             
             M.
             25.
             
          
           
             Co.
             2.
             
             Iust.
             29.