The lawyer outlaw'd, or, A brief answer to Mr. Hunts defence of the charter with some useful remarks on the Commons proceedings in the last Parliament at Westminster, in a letter to a friend.
         L'Estrange, Roger, Sir, 1616-1704.
      
       
         
           1683
        
      
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             The lawyer outlaw'd, or, A brief answer to Mr. Hunts defence of the charter with some useful remarks on the Commons proceedings in the last Parliament at Westminster, in a letter to a friend.
             L'Estrange, Roger, Sir, 1616-1704.
          
           38 p.
           
             Printed by N.T. for the author,
             [London] :
             1683.
          
           
             Attributed to Roger L'Estrange--Wing.
             Reproduction of original in the Union Theological Seminary Library, New York.
          
        
      
    
     
       
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         eng
      
       
         
           Hunt, Thomas, 1627?-1688. -- Defence of the charter, and municipal rights of the city of London.
           Popish Plot, 1678.
           London (England) -- Charters, grants, privileges.
        
      
    
     
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           Lawyer
           Outlaw'd
           ;
           Or
           a
           BRIEF
           ANSWER
           To
           Mr.
           HUNTS
           Defence
           of
           the
           CHARTER
           .
           With
           some
           Useful
           REMARKS
           ON
           THE
           
             Commons
             Proceedings
          
           IN
           THE
           LAST
           PARLIAMENT
           At
           WESTMINSTER
           .
        
         
           In
           a
           Letter
           to
           a
           Friend
           .
        
         
           Printed
           by
           
             N.
             T.
          
           for
           the
           Author
           ,
           MDCLXXXIII
           .
        
      
    
     
       
         
         
         
           
             SIR
             ,
          
        
         
           YOur
           importunities
           have
           at
           last
           prevail'd
           ,
           and
           since
           abler
           Pens
           have
           hitherto
           declin'd
           to
           espouse
           the
           quarrel
           ,
           I
           will
           for
           once
           force
           my
           own
           inclination
           to
           silence
           and
           reservedness
           ,
           and
           briefly
           give
           you
           my
           thoughts
           on
           that
           unlucky
           Pamphlet
           ,
           call'd
           ,
           
             A
             Defence
             of
             the
          
           Charter
           
             and
             Municipal
             Rights
             of
          
           London
           .
        
         
           The
           Author
           ,
           I
           find
           ,
           is
           a
           Gentleman
           of
           the
           
             long
             Robe
          
           ,
           a
           person
           so
           well
           known
           of
           late
           for
           his
           unweary'd
           diligence
           ,
           and
           extraordinary
           faculty
           in
           scribling
           ▪
           that
           I
           need
           not
           give
           you
           any
           other
           Character
           of
           him
           ,
           but
           that
           some
           three
           years
           ago
           he
           writ
           a
           Book
           in
           vindication
           of
           
             the
             Bishops
             Right
             of
             Judicature
             in
             Parliament
          
           ;
           and
           for
           this
           piece
           of
           service
           expected
           no
           less
           than
           to
           be
           made
           Lord-Chief-Baron
           of
           the
           Exchequer
           in
           Ireland
           .
           But
           missing
           of
           that
           Preferment
           ,
           he
           grows
           peevish
           and
           angry
           with
           the
           Court
           and
           Clergy
           ,
           and
           to
           be
           even
           with
           both
           ,
           and
           perhaps
           to
           appease
           his
           angry
           Brethren
           of
           the
           Separation
           for
           his
           former
           Mercenary
           undertaking
           ,
           he
           adds
           a
           
             Baboons
             Tail
          
           to
           his
           Picture
           ,
           a
           Postscript
           to
           his
           Book
           ,
           the
           most
           virulent
           and
           malicious
           ,
           that
           has
           yet
           escap'd
           the
           hands
           of
           Justice
           .
           Ever
           since
           ,
           he
           has
           continu'd
           firm
           to
           the
           Cause
           ,
           laid
           aside
           his
           useless
           Law
           ,
           and
           zealously
           imploy'd
           his
           
             better
             Talent
          
           against
           the
           Church
           and
           State
           ,
           in
           favour
           of
           the
           Faction
           ;
           and
           this
           about
           the
           Charter
           is
           the
           last
           effort
           of
           that
           wise
           Head-piece
           ,
           which
           he
           has
           stuff'd
           with
           such
           a
           miscellany
           of
           wild
           Paradoxes
           ,
           interwoven
           with
           some
           impertinent
           Truths
           ,
           that
           't
           is
           far
           more
           difficult
           to
           digest
           them
           into
           method
           ,
           than
           to
           answer
           and
           confute
           them
           .
        
         
           First
           ,
           to
           lay
           a
           solid
           foundation
           for
           his
           great
           design
           ,
           he
           tells
           us
           ,
           
             That
             Monarchs
             ,
             as
             well
             as
             Republicks
             ,
             have
             often
             erected
             Municipal
             Cities
             ,
             and
             by
             their
          
           Charters
           
             bestow'd
             upon
             them
             several
          
           Franchises
           and
           Priviledges
           ,
           
             as
             to
             choose
             their
             own
          
           Magistrates
           ,
           
             and
             governby
             their
             own
          
           Laws
           ,
           
             while
             subservient
             to
             the
          
           publick
           Laws
           
             of
             the
          
           Sovereign
           Authority
           ,
           pag.
           1.
           
           This
           is
           certainly
           very
           true
           ;
           but
           how
           far
           it
           makes
           for
           the
           Charter
           of
           London
           ,
           against
           the
           
             Quo
             Warranto
          
           ,
           is
           a
           Mystery
           not
           to
           be
           comprehended
           by
           every
           vulgar
           capacity
           :
           for
           't
           is
           no
           less
           plain
           in
           History
           ,
           that
           not
           only
           Tyrants
           and
           Vsurpers
           ,
           as
           he
           mentions
           ,
           but
           just
           and
           lawful
           Sovereigns
           ,
           have
           divers
           times
           suppress'd
           such
           
             Municipal
             Cities
          
           ,
           for
           good
           and
           necessary
           causes
           ,
           as
           for
           being
           disloyal
           to
           their
           Prince
           ,
           or
           factious
           and
           seditious
           against
           the
           Government
           ;
           and
           then
           the
           main
           Question
           will
           be
           ,
           How
           far
           the
           City
           of
           London
           has
           of
           late
           been
           guilty
           of
           such
           Crimes
           ,
           as
           by
           Law
           deserve
           the
           like
           Punishment
           ?
        
         
           This
           ,
           in
           short
           ,
           is
           the
           plain
           state
           of
           the
           Question
           ;
           for
           't
           is
           most
           unreasonable
           to
           think
           ,
           that
           any
           King
           or
           Republick
           ever
           gave
           their
           
             Municipal
             Cities
          
           any
           such
           Liberties
           or
           Immunities
           ,
           as
           were
           not
           forfeitable
           upon
           their
           abusing
           the
           Power
           they
           receiv'd
           ;
           when
           otherwise
           ,
           neither
           Prince
           nor
           People
           cou'd
           be
           
           secure
           from
           the
           insolence
           of
           such
           
             uncontroulable
             Citizens
          
           ,
           without
           a
           standing
           Army
           to
           keep
           them
           in
           awe
           .
           But
           our
           Gentleman
           ,
           it
           seems
           ,
           is
           unwilling
           to
           touch
           upon
           this
           
             critical
             point
          
           of
           speculation
           ;
           and
           as
           the
           
             Defence
             of
             the
             Charter
          
           is
           the
           least
           part
           of
           his
           Pamphlet
           ,
           so
           now
           he
           runs
           quite
           from
           the
           purpose
           ,
           to
           tell
           the
           King
           like
           a
           dutiful
           Subject
           ,
           He
           may
           ,
           if
           He
           please
           ,
           take
           His
           Quietus-est
           ,
           and
           let
           His
           people
           govern
           themselves
           ;
           
             For
             it
             is
             impossible
          
           (
           saith
           he
           )
           
             that
             mankind
             should
             miscarry
             in
             their
             own
             hands
             ,
          
           pag.
           2.
           
           Now
           ,
           since
           they
           have
           often
           miscarry'd
           in
           the
           hands
           of
           Princes
           ,
           is
           it
           not
           more
           expedient
           for
           the
           
             publick
             good
          
           ,
           if
           this
           Maxim
           will
           hold
           ,
           that
           the
           Prince
           shou'd
           mind
           his
           own
           private
           business
           ,
           and
           not
           trouble
           himself
           with
           the
           Government
           ,
           which
           the
           People
           can
           do
           better
           without
           Him
           ?
        
         
           This
           is
           Mr.
           
           Hunt's
           new
           Model
           of
           Government
           ,
           who
           out
           of
           pure
           love
           and
           kindness
           to
           the
           Monarchy
           ,
           chalks
           out
           a
           ready
           way
           for
           his
           Sovereign
           to
           ease
           Himself
           of
           all
           the
           thorns
           and
           prickles
           of
           His
           Crown
           ,
           and
           become
           a
           
             glorious
             King
          
           like
           His
           Father
           ;
           And
           therefore
           seems
           very
           angry
           ,
           that
           the
           
             Court
             ,
             (
             i.
             e.
          
           the
           King
           )
           should
           be
           troubl'd
           with
           the
           Power
           of
           appointing
           Officers
           in
           any
           City
           or
           Corporation
           in
           the
           Kingdom
           ,
           tho'
           it
           be
           found
           of
           absolute
           necessity
           for
           the
           keeping
           His
           Crown
           upon
           His
           Head
           ,
           and
           protecting
           His
           best
           Subjects
           from
           a
           Band
           of
           Associators
           and
           Ignoramus-Juries
           .
        
         
           Oh!
           
             But
             by
             this
             new
             form
             of
             Corporations
             ,
             it
             will
             be
             in
             the
             power
             of
             a
          
           Popish
           Successor
           
             to
             put
             the
             Government
             of
             all
             Corporated
             Towns
             in
          
           England
           
             into
             the
             hands
             of
          
           Papists
           ▪
           p
           5.
           
           And
           without
           it
           ,
           I
           say
           ,
           it
           will
           be
           no
           less
           in
           the
           power
           of
           the
           Faction
           ,
           to
           put
           the
           same
           Government
           into
           the
           hands
           of
           Fanaticks
           .
           What
           a
           Bugbear
           is
           this
           
             Popish
             Successor
          
           !
           whose
           very
           Name
           turns
           the
           brains
           of
           a
           Whig
           into
           a
           Magnifying-glass
           ,
           that
           will
           transform
           Ants
           into
           Gyants
           ,
           and
           Mole-hills
           into
           Mountains
           !
           We
           have
           as
           good
           Laws
           as
           the
           wit
           of
           man
           can
           devise
           ,
           to
           secure
           us
           from
           the
           encroachments
           of
           Popery
           ,
           and
           to
           disable
           Papists
           from
           bearing
           any
           
             Office
             ,
             Civil
          
           or
           Military
           ,
           either
           in
           or
           out
           of
           Corporations
           :
           and
           yet
           this
           
             Popish
             Successor
          
           ,
           who
           possibly
           may
           never
           succeed
           ,
           this
           great
           Goliah
           ,
           can
           break
           through
           all
           those
           Laws
           ,
           and
           will
           certainly
           do
           it
           ,
           to
           curry
           favour
           with
           a
           handful
           of
           Papists
           ,
           and
           make
           himself
           a
           Slave
           to
           the
           Pope
           .
        
         
           This
           is
           not
           all
           ;
           
             For
             this
             mode
          
           (
           saith
           he
           )
           
             of
             incorporating
             Cities
             and
             Towns
             ,
             doth
          
           ipso
           facto
           
             change
             the
             Government
             ;
             for
             that
          
           One
           
             of
             the
          
           Three
           States
           ,
           
             an
             essential
             part
             of
             the
          
           Government
           ,
           
             which
             is
             made
             up
             of
             the
          
           Representatives
           of
           the
           People
           ,
           
             and
             ought
             to
             be
             chosen
             by
             the
          
           People
           ,
           
             will
             by
             this
             means
             have
             five
             sixth
             parts
             of
             such
          
           Representatives
           ,
           
             upon
             the
             matter
             ,
             of
             the
          
           Courts
           
             nomination
             ,
             and
             not
             of
             the
          
           Peoples
           
             choice
             ;
             —
             and
             at
             the
             next
             turn
             we
             shall
             have
             a
          
           Parliament
           of
           Papists
           and
           Red-coats
           ,
           pag.
           6.
           
           O
           
             profound
             Politician
          
           !
           has
           not
           our
           Government
           been
           Regal
           and
           Monarchical
           from
           the
           beginning
           ?
           how
           then
           can
           the
           
             House
             of
             Commons
          
           ,
           in
           comparison
           but
           a
           late
           Institution
           ,
           necessary
           not
           for
           the
           Being
           ,
           but
           for
           the
           Well-being
           of
           the
           Monarchy
           ,
           be
           an
           
             Essential
             part
          
           of
           it
           ?
           Or
           how
           can
           any
           Rul●r
           be
           term'd
           a
           Monarch
           ,
           that
           has
           500
           Demagogues
           Joynt-Governours
           with
           Him
           ?
           These
           ,
           and
           such
           other
           
             Republican
             Maxims
          
           ,
           have
           been
           in
           a
           great
           measure
           the
           main
           foundation
           of
           all
           the
           miseries
           and
           confusions
           
           we
           suffer'd
           under
           the
           late
           Tyranny
           of
           the
           Rump-Parliament
           ;
           and
           after
           our
           sad
           experience
           of
           those
           Tragical
           times
           ,
           surely
           we
           have
           reason
           to
           think
           ,
           that
           none
           but
           such
           as
           wou'd
           bring
           us
           back
           to
           the
           same
           calamities
           ,
           and
           sing
           the
           second
           part
           to
           the
           same
           Tune
           ,
           would
           now
           endeavour
           to
           assert
           or
           maintain
           them
           :
           yet
           they
           are
           so
           very
           familiar
           to
           our
           
             Irish
             Chief-Baron
          
           ,
           that
           there
           is
           hardly
           a
           page
           in
           most
           of
           his
           Pamphlets
           ,
           but
           has
           a
           strong
           tincture
           of
           them
           .
           In
           his
           
             great
             and
             weighty
             Considerations
             considered
          
           ,
           he
           says
           ,
           
             The
             Parliament
             derive
             Their
             Authority
             from
             the
             same
             Original
             the
             King
             derives
             His
             ▪
             The
          
           King
           
             hath
             not
             His
             Power
             from
          
           Them
           ,
           nor
           They
           
             theirs
             from
             the
          
           King
           :
           They
           Both
           
             derive
             their
             Authority
             from
             the
          
           consent
           of
           the
           People
           ,
           either
           tacit
           or
           express
           ,
           
             in
             the
             first
             institution
             of
             the
          
           Government
           ,
           
             or
             in
             the
             subsequent
             alterations
             of
             it
             ,
          
           pag.
           16.
           
           Is
           not
           this
           a
           rare
           Assertor
           of
           the
           Monarchy
           ,
           that
           makes
           
             both
             Houses
          
           thus
           co-ordinate
           with
           the
           Prince
           ,
           and
           all
           the
           Three
           subordinate
           to
           the
           People
           ;
           turns
           the
           Governed
           into
           Govornours
           ,
           and
           leaves
           to
           the
           King
           the
           Title
           only
           ,
           but
           to
           His
           Subjects
           the
           Power
           and
           Dominion
           ?
           The
           Law
           tells
           us
           ,
           
             That
             all
             Authority
             and
             Jurisdiction
             ,
             Spiritual
             and
             Temporal
             ,
             is
             derived
             from
             the
          
           King
           ,
           1
           Ed.
           6.
           c.
           2.
           
           §
           .
           3.
           
           And
           Plowden
           ,
           as
           great
           a
           Lawyer
           perhaps
           as
           Mr.
           Hunt
           ,
           says
           ,
           
             That
             the
          
           King
           
             has
             the
          
           sole
           Government
           
             of
             His
             Subjects
          
           ,
           fol.
           234
           ,
           a.
           How
           then
           can
           Mr.
           Hunt
           make
           the
           People
           the
           Original
           of
           Power
           ,
           since
           all
           is
           derived
           from
           the
           Prince
           ?
           or
           how
           can
           either
           or
           
             both
             Houses
          
           of
           Parliament
           pretend
           of
           themselves
           to
           have
           any
           share
           in
           the
           Government
           ,
           which
           is
           wholly
           in
           the
           King
           ?
           or
           claim
           any
           Authority
           or
           Jurisdiction
           over
           the
           People
           ,
           but
           as
           deriv'd
           from
           the
           Sovereign
           ?
        
         
           Let
           us
           therefore
           explode
           these
           
             Republican
             Notions
          
           ,
           that
           have
           cost
           us
           so
           dear
           ,
           and
           cannot
           in
           the
           least
           avail
           either
           Parliament
           or
           People
           ,
           but
           will
           always
           make
           the
           Prince
           jealous
           of
           their
           proceedings
           ,
           who
           can
           better
           hear
           the
           complaints
           and
           
             humble
             Petitions
          
           of
           his
           
             dutiful
             Subjects
          
           ,
           the
           constant
           *
           stile
           of
           our
           ancient
           
             Acts
             of
             Parliament
          
           ,
           than
           the
           Imperious
           dictates
           of
           his
           fellow-Governours
           ;
           for
           ,
           experience
           confirms
           what
           Lucan
           long
           since
           has
           told
           us
           ,
           
             Nulla
             fides
             Regni
             sociis
             ,
             omnisque
             potestas
             Impatiens
             consortis
             erit
             .
          
        
         
           But
           how
           shou'd
           this
           new
           form
           of
           Corporations
           make
           their
           Representatives
           in
           Parliament
           ,
           not
           of
           the
           Peoples
           choice
           ,
           but
           of
           the
           Courts
           nomination
           ,
           is
           not
           very
           intellig●ble
           in
           my
           apprehension
           :
           since
           every
           Cobler
           can
           tell
           ,
           the
           Free-men
           of
           Corporations
           ,
           and
           not
           their
           Officers
           ,
           have
           the
           sole
           power
           of
           electing
           their
           Representatives
           .
           Where
           then
           is
           the
           danger
           of
           a
           Parliament
           of
           Papists
           and
           Red-coats
           ,
           (
           tho'
           there
           had
           been
           no
           Law
           to
           disable
           the
           former
           from
           sitting
           in
           the
           House
           ,
           till
           they
           forswear
           themselves
           ,
           or
           abjure
           their
           principles
           )
           unless
           the
           major
           part
           of
           the
           Free-men
           of
           England
           ,
           which
           I
           hope
           shall
           never
           happen
           ,
           be
           suppos'd
           to
           embrace
           the
           
             Popish
             Religion
          
           ?
           We
           have
           seen
           ,
           to
           our
           cost
           and
           to
           our
           shame
           ,
           a
           
             pretended
             Parliament
          
           of
           Red-coats
           and
           Round-heads
           ,
           which
           like
           the
           Aegyptian
           Locusts
           devour'd
           all
           the
           fruit
           of
           the
           Land
           ,
           and
           turn'd
           
             Europes
             
             Paradise
          
           into
           a
           
             Field
             of
             Blood
          
           ;
           and
           this
           blessing
           we
           owe
           to
           Mr.
           Hunt's
           poor
           harmless
           Dissenters
           ;
           which
           I
           hope
           will
           make
           us
           so
           wise
           for
           the
           future
           ,
           as
           never
           to
           give
           them
           the
           like
           opportunities
           .
        
         
           It
           were
           endless
           to
           follow
           this
           
             lawless
             Scribler
          
           through
           every
           page
           and
           paragraph
           ,
           or
           severally
           to
           take
           notice
           of
           all
           his
           incoherences
           ,
           and
           impertinent
           digressions
           .
           To
           come
           therefore
           close
           to
           the
           business
           of
           the
           Charter
           ,
           we
           must
           turn
           over
           many
           pages
           ,
           and
           step
           from
           the
           beginning
           almost
           to
           the
           end
           of
           his
           Pamphlet
           ,
           to
           find
           out
           something
           that
           may
           seem
           to
           the
           purpose
           .
           Three
           points
           he
           offers
           at
           last
           in
           defence
           of
           the
           Charter
           ,
           which
           he
           says
           to
           the
           
             Londoners
             ,
             he
             comes
             to
             defend
             against
             theirs
             ,
          
           and
           he
           might
           add
           as
           well
           ,
           his
           own
           ,
           
             reason
             and
             understanding
          
           ,
           p.
           31.
           
           For
           if
           he
           has
           a
           grain
           of
           Law
           or
           sense
           left
           ,
           he
           knows
           that
           of
           these
           points
           the
           first
           is
           impertinent
           to
           what
           he
           undertakes
           ,
           and
           the
           rest
           but
           
             fallacious
             cavillings
          
           ,
           to
           impose
           upon
           the
           Vulgar
           ,
           and
           make
           them
           obstinate
           to
           their
           cost
           .
        
         
           First
           ,
           he
           says
           ,
           
             That
             the
          
           Dissenters
           ,
           
             tho'
             Excommunicate
             ,
             have
             a
             vote
             in
             the
             Election
             of
             their
             Officers
             .
          
           2ly
           .
           
             That
             the
          
           Common-Council
           
             cannot
             destroy
             or
             surrender
             the
          
           Charter
           .
           3ly
           .
           
             That
             the
             Sherivalties
             of
          
           London
           and
           Middlesex
           
             are
             in
             the
          
           City
           by
           Common
           or
           Statute-Law
           ;
           
             and
             consequently
             not
             to
             be
             displac'd
             ,
             but
             by
          
           Act
           of
           Parliament
           ,
           
             tho'
             with
             the
             consent
             of
             every
             individual
          
           Citizen
           ,
           p.
           32.
           
           For
           the
           first
           ,
           he
           takes
           a
           world
           of
           pains
           to
           prove
           ,
           that
           the
           Excommunication
           of
           Dissenters
           does
           not
           render
           them
           uncapable
           of
           giving
           their
           Vote
           in
           the
           Election
           of
           the
           City-Officers
           .
           And
           what
           then
           ?
           Is
           the
           Charter
           never
           to
           be
           forfeited
           ,
           while
           the
           Dissenters
           have
           a
           Vote
           or
           Suffrage
           in
           such
           Elections
           ?
           or
           are
           they
           so
           numerous
           in
           the
           Common-Council
           ,
           as
           to
           out-vote
           the
           Members
           of
           the
           Church
           of
           England
           ?
           are
           their
           tender
           consciences
           still
           so
           plyable
           ,
           as
           to
           receive
           the
           Sacrament
           in
           their
           Parish-Church
           to
           serve
           a
           turn
           ,
           and
           run
           to
           a
           Conventicle
           all
           the
           year
           after
           ?
           to
           take
           Tests
           and
           Oaths
           to
           get
           into
           Imployments
           ,
           and
           break
           all
           with
           a
           breath
           to
           promote
           the
           
             Good
             Old
             Cause
          
           ?
           nay
           ,
           venture
           to
           forfeit
           their
           Ears
           to
           the
           Pillory
           ,
           and
           their
           Souls
           to
           the
           Devil
           ,
           to
           help
           off
           an
           active
           Brother
           catch'd
           by
           the
           Tongue
           ?
           These
           are
           the
           
             harmless
             Clients
          
           of
           our
           Irish-Chief-Baron
           ,
           of
           whom
           we
           may
           well
           say
           with
           the
           Poet
           ,
           
             
               —
               Mille
               adde
               catenas
               ,
            
             
               Effugiet
               tamen
               hac
               sceleratus
               vincula
               Proteus
               .
            
          
        
         
           These
           ,
           I
           mean
           ,
           not
           the
           mis-led
           or
           seduc'd
           ,
           but
           the
           Heads
           and
           Ring-leaders
           of
           the
           Faction
           ,
           who
           always
           
             hold
             with
             the
             Hare
             ,
             and
             run
             with
             the
             Hound
             ,
          
           and
           make
           conscience
           of
           nothing
           but
           Conformity
           ,
           and
           yet
           conform
           for
           Preferment
           .
           To
           these
           their
           deluded
           followers
           owe
           all
           the
           severities
           of
           late
           used
           against
           them
           ,
           and
           the
           City
           this
           so-much-talk'd-of
           
             Quo
             Warranto
          
           ,
           with
           all
           the
           unlucky
           consequences
           ,
           which
           Mr.
           Hunt
           says
           are
           like
           to
           attend
           it
           :
           there
           being
           no
           other
           way
           to
           rescue
           the
           Government
           out
           of
           their
           hands
           ,
           or
           secure
           
             His
             Majesty's
             Crown
             and
             Dignity
          
           ,
           and
           the
           Lives
           of
           his
           
             good
             Subjects
          
           ,
           from
           
             pack'd
             Juries
          
           ,
           and
           
             perjur'd
             Ignoramus's
          
           .
        
         
           But
           
             they
             have
          
           (
           says
           our
           Lawyer
           )
           
             an
             utter
             abhorrence
             against
          
           Popery
           
             and
             the
          
           Plot
           ,
           
             and
             joyn
             forwardly
             and
             zealously
             against
             it
             ,
          
           p.
           16.
           
           'T
           is
           true
           ,
           they
           make
           
           a
           great
           noise
           and
           bussle
           about
           that
           
             horrid
             Conspiracy
          
           ,
           but
           in
           reality
           they
           have
           done
           more
           than
           the
           Papists
           were
           able
           to
           do
           ,
           to
           stifle
           and
           confound
           it
           .
           They
           attaqu'd
           the
           
             Church
             of
             England
          
           ,
           whilst
           in
           the
           heat
           of
           prosecuting
           the
           Conspirators
           ,
           and
           labour'd
           under
           the
           Umbrage
           of
           the
           Popish-Plot
           ,
           to
           carry
           on
           another
           of
           their
           own
           ,
           to
           subvert
           the
           establish'd
           Government
           ,
           and
           insensibly
           to
           decoy
           us
           into
           Presbytery
           ,
           and
           their
           darling
           Commonwealth
           ;
           as
           the
           Tryal
           and
           Condemnation
           of
           their
           
             Proto-Martyr
             Colledge
          
           ;
           their
           Green-ribbon-Clubs
           ,
           and
           Ignoramus-Juries
           ;
           their
           
             Vox
             Patriae's
          
           ,
           and
           
             Vox
             Populi's
          
           ;
           their
           
             Appeal
             from
             the
             Countrey
             to
             the
             City
          
           ;
           the
           Speech
           of
           their
           
             Noble
             Peer
          
           ;
           and
           in
           short
           ,
           the
           tendency
           of
           all
           their
           
             Seditious
             Libels
          
           ,
           back'd
           with
           the
           Depositions
           of
           several
           
             Witnesses
             ▪
          
           do
           as
           plainly
           demonstrate
           ,
           as
           
             Coleman's
             Letters
          
           and
           Execution
           prove
           the
           wicked
           designs
           of
           the
           Papists
           .
           They
           inveigl'd
           some
           of
           the
           principal
           Discoverers
           of
           the
           Popish-Plot
           to
           espouse
           their
           Party
           ,
           and
           vilifie
           the
           Church
           ;
           which
           frightn'd
           many
           a
           
             Loyal
             Gentleman
          
           ,
           that
           cou'd
           not
           forget
           the
           Contrivances
           of
           the
           late
           times
           ,
           where
           Popery
           was
           the
           First
           ,
           but
           Monarchy
           the
           
             Last
             Act
          
           of
           the
           Tragedy
           ,
           and
           made
           them
           suspect
           these
           same
           persons
           ,
           now
           their
           hand
           was
           in
           ,
           might
           at
           last
           be
           wrought
           upon
           ,
           to
           turn
           against
           the
           obedient
           Sons
           of
           the
           Church
           ,
           whom
           they
           had
           already
           stigmatiz'd
           with
           the
           ignominious
           Names
           of
           
             Tories
             ,
             Masqueraders
          
           ,
           and
           Church-Papists
           .
           In
           short
           ,
           they
           contriv'd
           so
           many
           shams
           and
           silly
           stories
           ,
           as
           made
           the
           very
           truth
           questionable
           ;
           and
           when
           they
           saw
           the
           
             English
             Plot
          
           was
           not
           like
           to
           embroil
           the
           Nation
           ,
           they
           invited
           a
           number
           of
           profligate
           wretches
           out
           of
           Ireland
           ,
           gave
           them
           Cloaths
           and
           Money
           in
           abundance
           ,
           and
           took
           so
           much
           pains
           to
           set
           up
           these
           
             unmanageable
             Tools
          
           ,
           that
           in
           fine
           they
           dash'd
           both
           Plots
           to
           pieces
           ,
           one
           against
           the
           other
           .
        
         
           Are
           we
           not
           then
           beholding
           to
           our
           true-blew-Protestants
           ,
           after
           all
           these
           fine
           exploits
           ,
           for
           their
           abhorrence
           against
           Popery
           and
           the
           Plot
           ,
           and
           to
           Mr
           ;
           Hunt
           ,
           for
           his
           
             zealous
             vindication
          
           of
           their
           Proceedings
           ?
           He
           was
           formerly
           suspected
           to
           be
           a
           man
           of
           
             no
             Religion
          
           ;
           but
           now
           ,
           like
           a
           generous
           Soul
           ,
           he
           owns
           his
           Party
           in
           their
           greatest
           distress
           ,
           and
           openly
           declares
           against
           the
           Church
           of
           England
           ,
           as
           Betrayers
           of
           
             God's
             Cause
          
           ,
           and
           the
           
             Peoples
             Liberties
             .
             Some
             of
             little
             understanding
             among
             you
          
           (
           saith
           he
           )
           
             that
             thus
             behave
             your selves
             ,
             are
             excusable
             ,
             as
             misguided
             by
             some
             of
             your
          
           Ministers
           ,
           
             who
             are
             in
             good
             earnest
             begging
             Preferments
             ,
             Dignities
             and
             Benefices
             for
             themselves
             ,
             by
             offering
             and
             betraying
             our
          
           Church
           
             to
             a
             voluntary
          
           Martyrdom
           ,
           p.
           12.
           
           I
           need
           not
           comment
           upon
           this
           scurrilous
           Reflection
           ,
           't
           is
           enough
           to
           say
           ,
           't
           is
           the
           product
           of
           Mr.
           
           Hunt's
           own
           Brains
           ,
           who
           ,
           according
           to
           his
           Fee
           ,
           tho'
           against
           his
           conscience
           ,
           spoke
           for
           his
           Clyents
           ;
           for
           Lawyers
           ,
           he
           tells
           us
           ,
           (
           and
           who
           more
           fit
           to
           know
           ?
           )
           have
           Opinions
           
             to
             sell
             at
             any
             time
             ,
             tho'
             they
             have
             not
             the
             least
             colour
             of
          
           Reason
           
             to
             support
             them
          
           ,
           p.
           19.
           
           If
           this
           Confounder
           both
           of
           Law
           and
           Gospel
           ,
           be
           thus
           for
           fouling
           his
           own
           Nest
           ,
           we
           need
           not
           wonder
           at
           his
           frequent
           snarlings
           at
           the
           Loyal
           and
           Christian
           Resolutions
           of
           our
           
             Reverend
             Clergy
          
           ,
           or
           expect
           better
           usage
           from
           a
           man
           that
           openly
           sides
           with
           the
           Enemies
           of
           our
           Church
           .
        
         
           I
           come
           now
           to
           his
           second
           point
           ,
           which
           is
           so
           wild
           and
           so
           extravagant
           a
           paradox
           ,
           
           as
           deserves
           rather
           to
           be
           laugh'd
           at
           by
           men
           of
           sense
           ,
           than
           to
           be
           answer'd
           or
           confuted
           :
           since
           ,
           besides
           several
           that
           have
           done
           it
           within
           these
           two
           years
           past
           ,
           there
           are
           not
           many
           Corporations
           in
           England
           ,
           whose
           Charters
           have
           not
           been
           surrendred
           by
           their
           Common-Council
           ,
           without
           so
           much
           as
           consulting
           their
           Common-halls
           ;
           and
           yet
           were
           never
           question'd
           for
           it
           ,
           as
           Betrayers
           of
           their
           Trust
           ,
           or
           of
           the
           Liberties
           of
           the
           People
           .
        
         
           But
           he
           drives
           home
           the
           Nail
           in
           his
           3d.
           assertion
           ,
           where
           he
           says
           ,
           that
           the
           Sherivalties
           of
           London
           and
           Middlesex
           ,
           or
           the
           right
           of
           choosing
           their
           Sheriffs
           ,
           (
           the
           main
           point
           now
           in
           dispute
           ,
           and
           what
           most
           concerns
           the
           King
           ,
           after
           our
           late
           experience
           ,
           to
           have
           in
           His
           own
           disposal
           )
           cannot
           be
           parted
           with
           ,
           without
           an
           
             Act
             of
             Parliament
          
           ,
           tho'
           with
           the
           consent
           of
           every
           individual
           Citizen
           .
           But
           sure
           the
           Gentleman
           is
           not
           in
           earnest
           ;
           for
           I
           hope
           he
           will
           allow
           us
           ,
           that
           tho'
           alone
           they
           cannot
           ,
           yet
           with
           the
           consent
           and
           approbation
           of
           the
           Common-hall
           ,
           or
           of
           every
           Citizen
           ,
           the
           Common-Council
           may
           surrender
           the
           Charter
           :
           who
           then
           ,
           the
           Charter
           being
           thus
           surrendred
           ,
           has
           the
           power
           of
           choosing
           the
           Sheriffs
           ,
           when
           the
           Corporation
           ,
           the
           City
           and
           the
           County
           is
           dissolv'd
           ,
           neither
           Mayor
           nor
           
             Alderman
             ,
             Citizen
          
           nor
           
             Free
             man
          
           to
           found
           ?
           The
           Inhabitants
           in
           general
           cannot
           choose
           them
           ,
           for
           they
           have
           no
           right
           now
           to
           do
           it
           ,
           neither
           do
           they
           receive
           any
           new
           power
           by
           the
           surrender
           of
           the
           Charter
           ;
           and
           yet
           the
           Free-men
           cannot
           ,
           when
           there
           is
           no
           such
           thing
           in
           being
           ,
           no
           more
           in
           London
           than
           in
           Westminster
           ,
           or
           any
           other
           Dissolv'd
           Corporation
           .
        
         
           But
           to
           be
           short
           in
           a
           Case
           so
           plain
           ,
           since
           the
           Gentleman
           requires
           an
           
             Act
             of
             Parliament
          
           for
           displacing
           the
           Citizens
           Right
           of
           choosing
           their
           Sheriffs
           ,
           here
           is
           One
           ready
           to
           his
           hand
           ,
           for
           taking
           away
           ,
           upon
           their
           neglect
           or
           misgovernment
           ,
           all
           their
           Franchises
           and
           Liberties
           ,
           and
           consequently
           this
           power
           of
           electing
           their
           own
           Officers
           and
           Magistrates
           ;
           an
           Act
           found
           by
           the
           prudence
           of
           our
           Ancestors
           ,
           so
           necessary
           for
           to
           maintain
           the
           publick
           Peace
           ,
           and
           keep
           that
           
             over-grown
             City
          
           within
           the
           bounds
           of
           duty
           ,
           that
           Henry
           IV.
           tho'
           he
           sought
           occasions
           to
           ingratiate
           himself
           with
           the
           People
           of
           London
           ,
           the
           better
           to
           secure
           his
           Usurpation
           ,
           yet
           cou'd
           not
           be
           wrought
           upon
           by
           their
           intreaties
           to
           have
           any
           material
           part
           of
           it
           alter'd
           ,
           much
           less
           annull'd
           or
           repeal'd
           .
           The
           Act
           take
           as
           followeth
           .
        
         
           
             
               280
               .
               Edwardi
               3
               i.
               cap.
               10
               o.
               
            
          
        
         
           
             BEcause
             that
             the
             Errors
             ,
             Defaults
             and
             Misprisions
             ,
             which
             be
             notoriously
             used
             in
             the
             City
             of
             London
             ,
             for
             default
             of
             good
             Governance
             of
             the
             Mayor
             ,
             of
             the
             Sheriffs
             ,
             and
             the
             Aldermen
             ,
             cannot
             be
             enquired
             nor
             found
             by
             people
             of
             the
             same
             City
             :
             it
             is
             ordained
             and
             established
             ,
             That
             the
             said
             Mayor
             ,
             Sheriffs
             and
             Aldermen
             ,
             which
             have
             the
             Governance
             of
             the
             same
             City
             ,
             shall
             cause
             to
             be
             redressed
             and
             correated
             the
             Defaults
             ,
             Errors
             ,
             and
             Misprisions
             above-named
             ,
             and
             the
             same
             duly
             punish
             from
             time
             to
             time
             upon
             a
             certain
             pain
             ;
             that
             is
             to
             say
             ,
             at
             the
             first
             Default
             a
             Thousand
             Marks
             to
             the
             King
             ,
             and
             at
             the
             second
             Default
             two
             
             Thousand
             Marks
             ,
             and
             at
             the
             third
             default
             ,
             that
             the
             Franchise
             and
             Liberty
             of
             the
             City
             be
             taken
             into
             the
             King's
             hand
             .
             And
             be
             it
             begun
             to
             enquire
             upon
             them
             at
             St.
             Michael
             next
             coming
             ,
             so
             that
             if
             ▪
             they
             do
             not
             cause
             to
             be
             made
             due
             redress
             ,
             as
             afore
             is
             said
             ,
             it
             shall
             be
             enquired
             of
             their
             Defaults
             by
             Enquests
             of
             people
             of
             Foreign
             .
             Counties
             ;
             that
             is
             to
             say
             ,
             of
             
               Kent
               ,
               Essex
               ,
               Sussex
               ,
               Hertford
               ,
               Buckingham
               ,
            
             and
             Berk
             ,
             as
             well
             at
             the
             King's
             Suit
             ,
             as
             others
             that
             will
             complain
             .
          
        
         
           
             And
             if
             the
             Mayor
             ,
             Sheriffs
             and
             Aldermen
             ,
             be
             by
             such
             Enquests
             thereto
             assigned
             ,
             Indiaed
             ,
             they
             shall
             be
             caused
             to
             come
             by
             due
             Process
             before
             the
             King's
             Justices
             ,
             which
             shall
             be
             to
             the
             same
             ▪
             assigned
             out
             of
             the
             said
             City
             ,
             before
             whom
             they
             shall
             have
             their
             .
             Answer
             ,
             as
             well
             to
             the
             King
             as
             to
             the
             Party
             .
             And
             if
             they
             put
             them
             in
             Enquests
             ,
             such
             Enquests
             shall
             be
             taken
             by
             Foreign
             People
             ,
             as
             afore
             is
             said
             .
             And
             if
             they
             be
             Attainsed
             ,
             the
             said
             pain
             shall
             incurr
             and
             be
             levied
             of
             the
             said
             Mayor
             ,
             Sheriffs
             and
             Aldermen
             ,
             for
             default
             of
             their
             Governance
             .
             And
             nevertheless
             ,
             the
             Plaintiffs
             shall
             recover
             the
             treble
             Damages
             against
             the
             said
             Mayor
             ,
             Sheriffs
             ,
             and
             Aldermen
             .
             And
             because
             that
             the
             Sheriffs
             of
             London
             be
             Parties
             to
             this
             business
             ,
             the
             Constable
             of
             the
             Tower
             ,
             or
             his
             Lieutenant
             ,
             shall
             serve
             in
             the
             place
             of
             the
             Sheriffs
             ,
             to
             receive
             the
             Writs
             ,
             as
             well
             Originals
             of
             the
             Chancery
             as
             Judicials
             ,
             under
             the
             Seal
             of
             the
             Justices
             ,
             to
             do
             thereof
             execution
             in
             the
             said
             City
             .
             And
             Process
             shall
             be
             made
             by
             Attachment
             ,
             and
             Distress
             ,
             and
             by
             Exigent
             ,
             if
             need
             be
             :
             so
             that
             at
             the
             King's
             Suit
             the
             Exigent
             shall
             be
             awarded
             after
             the
             first
             Capias
             returned
             ,
             and
             at
             the
             third
             Capias
             returned
             at
             the
             Suit
             of
             the
             Party
             .
             And
             if
             the
             Mayor
             ,
             Sheriffs
             and
             Aldermen
             have
             Lands
             or
             Tenements
             out
             of
             the
             City
             ,
             Process
             shall
             be
             made
             against
             them
             by
             Attachments
             and
             Distresses
             ,
             in
             the
             same
             Counties
             where
             the
             Lands
             or
             Tenements
             be
             .
             And
             that
             every
             of
             the
             said
             Mayors
             ,
             Sheriffs
             and
             Aldermen
             ,
             which
             do
             appear
             before
             the
             said
             Justices
             ,
             shall
             answer
             particularly
             for
             himself
             ,
             as
             well
             at
             the
             peril
             of
             other
             which
             be
             absent
             ,
             as
             of
             himself
             .
             And
             this
             Ordinance
             shall
             be
             holden
             firm
             and
             stable
             ,
             notwithstanding
             any
             manner
             Franchise
             ,
             Priviledges
             or
             Customs
             .
             And
             this
             Ordinance
             shall
             extend
             to
             all
             Cities
             and
             Boroughs
             of
             the
             Realm
             ,
             where
             such
             Defaults
             or
             Misprisions
             be
             used
             ,
             and
             not
             duly
             corrected
             nor
             redressed
             :
             saving
             that
             the
             Enquests
             shall
             be
             taken
             by
             Foreign
             people
             of
             the
             same
             County
             where
             such
             Cities
             or
             Boroughs
             be
             .
             And
             that
             the
             pain
             of
             those
             of
             the
             said
             Boroughs
             and
             Tolws
             ,
             which
             shall
             be
             thereof
             Attainted
             ,
             shall
             be
             judged
             by
             the
             Discretion
             of
             the
             Justices
             ,
             which
             shall
             be
             thereto
             assigned
             .
          
        
         
         
           This
           Act
           was
           a
           great
           Curb
           to
           the
           people
           of
           London
           ,
           and
           kept
           them
           for
           many
           years
           after
           ,
           very
           obsequious
           and
           dutiful
           to
           their
           Sovereign
           ;
           but
           in
           process
           of
           time
           ,
           finding
           it
           was
           not
           duly
           put
           in
           execution
           ,
           they
           began
           to
           forget
           it
           at
           last
           ,
           and
           wou'd
           now
           and
           then
           break
           out
           into
           some
           extravagance
           ,
           which
           afterwards
           cost
           them
           very
           dear
           .
           Finding
           therefore
           themselves
           very
           uneasie
           under
           this
           restraint
           ,
           tho'
           neither
           in
           
             Edward
             III.
          
           nor
           his
           Successor's
           Reign
           they
           durst
           motion
           to
           have
           that
           Statute
           repeal
           ▪
           d
           ,
           yet
           when
           the
           
             Vsurper
             Henry
             IV.
          
           came
           to
           the
           Crown
           ,
           they
           labour'd
           hard
           to
           get
           themselves
           rid
           of
           it
           ,
           but
           cou'd
           gain
           no
           more
           than
           the
           following
           Clause
           ;
           which
           many
           in
           London
           ,
           who
           always
           think
           ill
           of
           the
           King
           and
           His
           Ministers
           ,
           will
           think
           of
           no
           great
           advantage
           to
           the
           
             Defence
             of
             the
          
           Charter
           .
        
         
           
             OUR
             Lord
             the
             king
             considering
             the
             good
             and
             lawful
             Behaviour
             of
             the
             Mayor
             ,
             Sheriffs
             and
             Aldermen
             ,
             and
             of
             all
             the
             Commonalty
             of
             the
             same
             City
             of
             London
             towards
             him
             ,
             and
             therefore
             willing
             to
             ease
             and
             mitigate
             the
             Penalty
             aforesaid
             ,
             by
             the
             assent
             of
             the
             Lords
             Spiritual
             and
             Temporal
             ,
             and
             of
             the
             Commons
             aforesaid
             ,
             hath
             Ordained
             and
             Established
             ,
             That
             the
             Penalty
             aforesaid
             ,
             as
             well
             of
             the
             Thousand
             Marks
             ,
             and
             of
             the
             two
             Thousand
             Marks
             ,
             and
             of
             the
             seizure
             of
             the
             Franchise
             comprized
             in
             the
             said
             Statute
             ,
             shall
             not
             be
             limited
             in
             a
             certainty
             ,
             but
             that
             the
             Penalties
             in
             this
             case
             be
             by
             the
             advice
             and
             discretion
             of
             the
             Justices
             thereto
             assigned
             ,
             as
             other
             Cities
             and
             Boroughs
             be
             within
             the
             Realm
             ;
             And
             that
             the
             Remnant
             of
             the
             same
             Statute
             ,
             and
             the
             Process
             thereof
             ,
             stand
             in
             their
             force
             ,
             
               1
               
                 H.
                 4.
                 cap.
              
               15.
               
            
          
        
         
           Now
           ,
           I
           appeal
           to
           Mr.
           
           Hunt's
           own
           Judgment
           ,
           provided
           he
           has
           so
           much
           moral
           honesty
           ,
           to
           speak
           nothing
           of
           his
           skill
           in
           the
           Laws
           ,
           as
           will
           qualifie
           him
           for
           an
           
             Irish
             Chief-Baron
          
           ,
           Whether
           or
           no
           these
           two
           Statutes
           be
           not
           as
           plain
           against
           the
           Charter
           ,
           supposing
           the
           
             Mayor
             ,
             Sheriffs
          
           and
           Aldermen
           to
           have
           been
           negligent
           in
           their
           duty
           ,
           and
           
             a
             fortiori
          
           if
           they
           and
           the
           Common-Council
           be
           found
           guilty
           of
           the
           Crimes
           laid
           to
           their
           charge
           ,
           as
           
             Magna
             Charta
          
           or
           the
           
             Petition
             of
             Right
          
           is
           for
           the
           Liberty
           and
           Property
           of
           the
           Subject
           ;
           For
           ,
           that
           't
           is
           neither
           Treason
           nor
           Felony
           ,
           nor
           yet
           the
           
             Subversion
             of
             the
             Government
          
           ,
           but
           Crimes
           of
           a
           far
           inferiour
           nature
           ,
           that
           are
           meant
           by
           the
           Errors
           and
           Misdemeanors
           mentioned
           in
           the
           said
           Acts
           ,
           is
           apparent
           by
           another
           Statute
           made
           some
           three
           years
           after
           ,
           by
           the
           same
           King
           
             Edward
             III.
          
           where
           it
           is
           Enacted
           ,
           
             
               That
               the
               Mayor
               and
               Aldermen
               of
            
             London
             
               shall
               rule
               and
               redress
               the
               defaults
               of
               Fishers
               ,
               Butchers
               ,
               and
               Poulters
               ,
               and
               put
               the
               same
               in
               execution
               ,
               upon
               the
               pain
               late
               ordained
               touching
               the
               City
               of
            
             London
             ,
             31
             Ed.
             3.
             cap.
             10.
             
          
           Now
           ,
           if
           the
           whole
           City
           ,
           for
           a
           bare
           neglect
           of
           duty
           in
           their
           Officers
           ,
           as
           for
           omitting
           to
           punish
           the
           Misdemeanors
           of
           silly
           Trades-men
           ,
           were
           by
           these
           Acts
           of
           
             Edward
             III.
          
           so
           grievously
           punishable
           ,
           as
           for
           the
           first
           Offence
           to
           forfeit
           a
           Thousand
           
           〈…〉
           no
           less
           in
           the
           〈◊〉
           value
           than
           
             2000
             l
          
           of
           our
           now
           〈…〉
           so
           much
           in
           the
           〈◊〉
           use
           and
           price
           of
           things
           )
           〈…〉
           for
           the
           second
           offence
           ,
           and
           for
           the
           third
           to
           forfeit
           their
           Franchise
           and
           Liberties
           to
           the
           King
           :
           what
           shall
           be
           thought
           of
           others
           ,
           if
           they
           are
           found
           not
           only
           to
           have
           laid
           an
           
             Illegal
             Arbitrary
             Tax
          
           upon
           their
           fellow-Subjects
           ,
           and
           in
           a
           tumultuous
           manner
           invaded
           their
           Properties
           ;
           but
           wink'd
           at
           ,
           if
           not
           encourag'd
           ,
           the
           publishing
           of
           
             Treasonable
             Papers
          
           and
           Pamphlets
           ;
           and
           instead
           of
           suppressing
           others
           ,
           presented
           their
           Prince
           with
           a
           most
           Scurrilous
           one
           of
           their
           own
           ,
           by
           way
           of
           Petition
           ,
           to
           tax
           
             His
             Majesty
          
           with
           misgovernment
           ,
           and
           endeavour
           to
           bring
           Him
           into
           hatred
           and
           contempt
           with
           his
           People
           ?
        
         
           As
           for
           the
           aforesaid
           Clause
           of
           1
           H.
           4.
           tho'
           intended
           for
           (
           as
           really
           it
           was
           )
           a
           great
           favour
           to
           the
           City
           ,
           that
           they
           shou'd
           not
           for
           every
           trisling
           fault
           be
           oblig'd
           to
           pay
           such
           a
           vast
           Fine
           as
           a
           Thousand
           Marks
           ,
           twenty
           times
           greater
           than
           that
           sum
           now
           ;
           yet
           if
           their
           Crimes
           had
           been
           found
           of
           a
           transcendent
           nature
           ,
           striking
           at
           the
           very
           Root
           and
           Life
           of
           the
           Government
           ,
           we
           may
           be
           sure
           the
           Justices
           ,
           by
           vertue
           of
           this
           very
           Clause
           ,
           wou'd
           have
           immediately
           seiz'd
           their
           Charter
           ,
           without
           bringing
           them
           to
           any
           further
           Tryal
           .
           So
           that
           this
           Clause
           ,
           tho'
           in
           small
           inferiour
           misdemeanors
           it
           be
           a
           great
           advantage
           to
           the
           City
           ,
           yet
           in
           Crimes
           of
           State
           ,
           where
           the
           Crown
           and
           the
           Monarchy
           are
           concern'd
           ,
           't
           is
           no
           less
           an
           advantage
           to
           the
           King.
           
        
         
           Thus
           ,
           Sir
           ,
           you
           have
           seen
           how
           well
           Mr.
           Hunt
           has
           defended
           the
           Charter
           against
           all
           the
           Power
           both
           of
           Law
           and
           Reason
           ,
           and
           you
           will
           find
           him
           altogether
           as
           happy
           in
           the
           rest
           of
           his
           undertakings
           .
           I
           omit
           his
           impertinence
           on
           the
           Play
           ,
           call'd
           ,
           
             The
             Duke
             of
             Guise
          
           ,
           his
           unmannerly
           application
           of
           the
           Characters
           ,
           and
           his
           framing
           of
           Parallels
           where
           little
           or
           no
           similitude
           can
           be
           found
           :
           Yet
           
             en
             passent
          
           I
           cannot
           but
           pity
           the
           condition
           our
           Lawyers
           INNOCENT
           and
           GENTLE
           PRINCE
           is
           reduc'd
           to
           ,
           
           by
           the
           slie
           insinuations
           and
           bewitching
           flatteries
           of
           this
           and
           such
           other
           Sycophants
           of
           the
           Faction
           ,
           who
           puff'd
           him
           up
           ,
           and
           possess'd
           him
           with
           such
           chymerical
           hopes
           of
           a
           Crown
           ,
           as
           made
           him
           forget
           his
           Obedidence
           to
           his
           Princes
           will
           ,
           and
           the
           positive
           command
           of
           his
           Natural
           Father
           ;
           Natural
           ,
           I
           say
           ,
           because
           in
           our
           Laws
           the
           Maxim
           is
           ,
           
             Qui
             ex
             damnato
             coitu
             nascuntur
             ,
             inter
             liberos
             non
             computantur
             ,
          
           i.e.
           Bastards
           
             are
             not
             counted
             amongst
          
           Sons
           ,
           Coke
           1
           
             Instit.
             f.
          
           3.
           or
           as
           Littleton
           says
           ,
           A
           Bastard
           
             is
             quasi
             nullius
             filius
             ,
             because
             he
             cannot
             be
             Heir
             to
             any
             ,
          
           apud
           Coke
           2
           
             Instit.
             §
          
           .
           188.
           
           Now
           ,
           if
           by
           Law
           this
           Prince
           can
           be
           Heir
           to
           none
           ,
           what
           a
           madness
           it
           was
           to
           advise
           him
           to
           aspire
           to
           
             Three
             Hereditary
             Kingdoms
          
           ,
           or
           think
           to
           carry
           them
           tamely
           by
           
             Popular
             Applause
          
           ,
           when
           nothing
           but
           the
           Sword
           can
           establish
           a
           crack'd
           Title
           ?
        
         
           
             But
             the
             best
             people
             of
          
           England
           (
           says
           this
           non-sensical
           
             Scribler
             )
             have
             no
             other
             way
             left
             to
             shew
             their
             Loyalty
             to
             the
          
           King
           ,
           
             and
             love
             to
             their
          
           Religion
           and
           Government
           ,
           
             in
             the
             long
             intervals
             of
          
           Parliament
           ,
           
             than
             by
          
           Prosecuting
           His
           Son
           ,
           
             for
             the
             sake
             of
             the
          
           King
           ,
           and
           his
           own
           Merit
           ,
           
             with
             all
             the
             demonstrations
             
             of
             the
             highest
             esteem
             ,
          
           p.
           28.
           
           They
           are
           certainly
           very
           hard
           put
           to
           it
           ,
           if
           this
           (
           not
           to
           PROSECUTE
           his
           silly
           Latinism
           )
           be
           the
           only
           shift
           they
           can
           make
           to
           express
           their
           Loyalty
           ,
           when
           Children
           can
           tell
           ,
           they
           might
           ,
           if
           they
           had
           any
           ,
           better
           shew
           it
           ,
           by
           prostrating
           themselves
           at
           His
           Majesty's
           feet
           ,
           and
           declaring
           their
           readiness
           to
           venture
           their
           Lives
           and
           Fortunes
           in
           defence
           of
           His
           
             Sacred
             Person
          
           ,
           and
           the
           Rights
           of
           His
           Crown
           ,
           against
           all
           the
           attempts
           of
           the
           
             Popish
             Plotters
          
           and
           
             Whiggish
             Associators
          
           .
           'T
           is
           true
           ,
           some
           of
           the
           best
           People
           in
           England
           have
           had
           ,
           for
           the
           King's
           sake
           ,
           and
           in
           some
           measure
           for
           his
           own
           Merits
           ,
           sufficient
           kindness
           for
           his
           Grace
           ,
           and
           still
           wish
           him
           more
           Grace
           and
           consideration
           ,
           than
           to
           continue
           obstinately
           disobedient
           ,
           contrary
           to
           common
           Prudence
           ,
           and
           to
           all
           the
           ties
           and
           obligations
           of
           Nature
           ,
           of
           Duty
           ,
           and
           of
           Gratitude
           :
           But
           as
           for
           Mr.
           
             Hunt's
             best
             People
             of
          
           England
           ,
           tho'
           pretended
           his
           
             only
             Friends
          
           ,
           they
           have
           been
           upon
           all
           occasions
           his
           real
           Enemies
           ,
           made
           a
           Property
           and
           a
           Tool
           of
           him
           ,
           to
           set
           him
           up
           ,
           like
           another
           
             Perkin
             Warbeck
          
           ,
           in
           opposition
           to
           the
           
             Royal
             Line
          
           ;
           and
           if
           that
           succeeded
           ,
           to
           kick
           him
           down
           again
           ,
           as
           they
           did
           
             Richard
             Cromwell
          
           ,
           to
           make
           room
           for
           Themselves
           and
           their
           darling
           Commonwealth
           .
        
         
           But
           to
           return
           from
           this
           digression
           ,
           and
           examine
           what
           is
           left
           yet
           unanswer'd
           of
           this
           idle
           Pamphlet
           :
           I
           find
           our
           
             Chief-Baron
             wou●d-be
          
           has
           stumbl'd
           at
           last
           on
           those
           two
           famous
           Statutes
           of
           
             Edward
             III
          
           *
           to
           prove
           ,
           that
           
             Parliaments
             must
             be
             held
             once
             every
             year
             ;
             which
          
           (
           saith
           he
           )
           
             is
             confirm'd
             by
             an
             Act
             of
             this
             King
             ,
             call'd
             ,
          
           the
           Trienial
           Act
           ,
           p.
           21.
           
           But
           by
           his
           Lordships
           good
           leave
           ▪
           these
           Statutes
           ,
           if
           well
           consider'd
           ,
           will
           be
           found
           to
           have
           been
           made
           rather
           to
           oblige
           the
           Commons
           (
           who
           then
           grumbl'd
           no
           less
           at
           the
           frequent
           calling
           ,
           than
           the
           Factious
           do
           now
           at
           the
           long
           intermission
           of
           Parliaments
           )
           to
           send
           their
           Representatives
           to
           the
           
             King
             's
             Great
             Councel
          
           ,
           than
           to
           bind
           the
           King
           to
           summon
           them
           when
           there
           was
           no
           occasion
           for
           their
           meeting
           ;
           and
           therefore
           ,
           to
           make
           the
           case
           more
           plain
           ,
           the
           conditional
           Clause
           ,
           
             If
             need
             be
          
           ,
           which
           may
           aptly
           refer
           to
           the
           whole
           period
           ,
           is
           expresly
           provided
           in
           the
           said
           Statutes
           .
           For
           to
           affirm
           ,
           it
           was
           absolutely
           enacted
           that
           a
           Parliament
           shou'd
           be
           held
           once
           every
           year
           ,
           whether
           there
           was
           any
           ,
           or
           no
           need
           of
           their
           meeting
           ,
           when
           the
           choosing
           of
           Members
           was
           so
           troublesom
           ,
           and
           their
           expences
           
             eundo
             morando
             &
             ad
             propria
             redeundo
          
           so
           chargeable
           to
           the
           people
           ,
           besides
           the
           great
           Taxes
           they
           usually
           granted
           ,
           is
           altogether
           unreasonable
           .
           As
           for
           the
           
             Triennial
             Act
          
           of
           this
           *
           King
           ,
           it
           makes
           more
           against
           than
           for
           his
           Lordships
           design
           ;
           since
           it
           requires
           but
           to
           have
           
             a
             Parliament
             once
             in
             three
             years
             ,
          
           and
           not
           sooner
           ,
           without
           some
           extraordinary
           occasion
           ;
           which
           ,
           I
           doubt
           not
           ,
           but
           
             His
             Majesty
          
           ,
           according
           to
           His
           late
           most
           Gracious
           Declaration
           ,
           will
           see
           punctually
           observ'd
           ,
           as
           He
           has
           been
           pleas'd
           to
           do
           in
           the
           whole
           course
           of
           His
           Reign
           .
        
         
           And
           the
           Statute
           of
           Provisors
           ,
           25
           Ed
           3.
           is
           no
           less
           impertinent
           to
           his
           purpose
           ;
           for
           tho'
           
             it
             be
             the
             Right
             of
             the
             Crown
             of
          
           England
           ,
           
             and
             that
             the
             Law
             of
             the
             said
             Realm
             is
             such
             ,
             that
             upon
             the
             mischiefs
             and
             damages
             which
             happen
             to
             His
             Realm
             ,
             the
             King
             ought
             ,
             and
             is
             bound
             by
             Oath
             ,
             with
             the
             accord
             of
             His
             
             People
             in
             Parliament
             ,
             to
             make
             remedy
             and
             Law
             ,
             in
             removing
             the
             mischiefs
             and
             damages
             which
             thereof
             ensue
             :
          
           Yet
           if
           His
           People
           in
           Parliament
           prove
           peevish
           and
           obstinate
           ,
           and
           will
           not
           accept
           of
           His
           Majesty's
           gracious
           Condescensions
           ,
           nor
           of
           the
           expedients
           by
           Him
           propos'd
           ;
           who
           then
           is
           to
           be
           blam'd
           ,
           the
           King
           or
           His
           People
           ?
           How
           many
           Proposals
           and
           Overtures
           of
           accomodation
           have
           been
           made
           by
           His
           Majesty
           to
           His
           last
           Parliament
           at
           Westminster
           ?
           and
           how
           undutifully
           they
           were
           rejected
           by
           some
           Leading-Members
           in
           the
           
             House
             of
             Commons
          
           ?
           How
           often
           did
           he
           offer
           to
           consent
           to
           any
           reasonable
           expedient
           they
           cou'd
           find
           out
           ,
           for
           securing
           the
           establish'd
           Religion
           ,
           in
           case
           of
           a
           
             Popish
             Successor
          
           ?
           But
           all
           was
           slighted
           ,
           as
           if
           nothing
           but
           the
           Subversion
           of
           the
           Monarchy
           was
           able
           to
           secure
           some
           Gentlemen
           in
           their
           Religion
           ,
           that
           were
           shrewdly
           suspected
           to
           have
           none
           to
           lose
           :
        
         
           This
           discourse
           ,
           I
           know
           ,
           will
           not
           relish
           with
           our
           
             Irish
             Chief-Baron
          
           ,
           who
           seems
           already
           very
           angry
           ,
           that
           a
           Cabal
           (
           as
           he
           calls
           the
           
             Loyal
             Addressers
          
           of
           the
           Nation
           )
           
             shou'd
             take
             upon
             themselves
             to
             arraign
             the
             Proceedings
             of
             our
             latest
             Parliaments
             ,
          
           p.
           8.
           
           And
           yet
           his
           unmannerly
           Worship
           ,
           because
           he
           thinks
           't
           is
           a
           Priviledge
           peculiar
           to
           the
           Godly
           to
           
             speak
             evil
             of
             Dignities
          
           ,
           scruples
           not
           to
           rail
           at
           the
           best
           Parliament
           that
           ever
           met
           in
           his
           time
           ,
           which
           really
           was
           (
           what
           he
           scoffingly
           calls
           it
           )
           
             a
             Parliament
             of
             famous
             Loyalty
          
           ;
           tho'
           in
           their
           latter
           days
           ,
           when
           by
           the
           Death
           of
           several
           good
           Members
           ,
           too
           many
           of
           the
           
             old
             Leaven
          
           had
           crept
           in
           ,
           that
           vigor
           was
           much
           abated
           ,
           which
           they
           always
           express'd
           in
           their
           former
           resolutions
           ;
           and
           for
           which
           this
           
             Factious
             Lawyer
          
           presumes
           to
           say
           ,
           that
           
             obliquely
             they
             gave
             the
             Papists
             many
             assistances
             ,
          
           p.
           14.
           and
           in
           plain
           terms
           calls
           them
           ,
           
             the
             corrupt
             Villains
             of
             the
             late
             Long-Parliament
             .
             Considerations
             consider'd
             .
          
           p.
           19.
           
           But
           to
           clear
           this
           point
           ,
           without
           insisting
           upon
           retortions
           and
           recriminations
           ;
           I
           say
           ,
           to
           arraign
           the
           Proceedings
           of
           the
           Parliament
           ,
           in
           its
           true
           and
           legal
           sense
           ,
           that
           is
           ,
           of
           
             King
             ,
             Lords
          
           ,
           and
           Commons
           ,
           is
           a
           very
           great
           and
           a
           very
           hainous
           Crime
           ,
           not
           to
           be
           conniv'd
           at
           ,
           or
           endur'd
           in
           any
           Subject
           whatsoever
           ;
           because
           it
           tends
           to
           the
           vilifying
           ,
           and
           consequently
           to
           the
           subverting
           the
           Government
           ;
           for
           as
           Seneca
           well
           observ'd
           ,
           
             Nihil
             valet
             Regum
             potestas
             ,
             nisi
             prius
             valeat
             authorit
             as
             :
          
           If
           Princes
           lose
           their
           Authority
           ,
           the
           awe
           and
           reverence
           due
           to
           them
           from
           the
           People
           ,
           they
           have
           lost
           their
           Power
           and
           Command
           ,
           and
           are
           in
           effect
           more
           than
           half
           Depos'd
           .
           But
           to
           arraign
           the
           Proceedings
           of
           the
           Parliament
           ,
           when
           this
           Name
           is
           abusively
           appropriated
           to
           the
           
             House
             of
             Commons
          
           ,
           to
           whom
           this
           lawless
           Scribler
           attributes
           
             a
             high
             and
             uncontroulable
             Power
          
           ,
           (
           p.
           9.
           )
           as
           if
           the
           King
           and
           Lords
           were
           only
           Cyphers
           ,
           the
           Crime
           is
           not
           near
           so
           unpardonable
           as
           some
           people
           wou'd
           have
           us
           believe
           .
           I
           am
           sure
           Mr.
           Justice
           Hutton
           in
           his
           Argument
           against
           Ship-money
           ,
           (
           which
           so
           pleas'd
           even
           that
           
             Rebellious
             Conventicle
          
           of
           Forty-One
           ,
           who
           swallow'd
           up
           the
           King's
           Prerogative
           and
           the
           Peoples
           Liberties
           in
           their
           Parliament-Priviledges
           ,
           that
           they
           gave
           express
           Orders
           to
           get
           it
           printed
           )
           thought
           it
           no
           such
           Crime
           to
           say
           ,
           
             I
             know
             not
             whether
             the
             last
             meeting
             in
             Parliament
             ,
             either
             by
             ill
             choice
             of
             the
             Members
             of
             the
             House
             ,
             or
             by
             the
             great
             encrease
             of
             the
             number
             ,
             or
             by
             the
             ambitious
             humour
             of
             some
             Members
             of
             that
             
             House
             ,
             who
             aim'd
             more
             at
             their
             own
             ends
             and
             designs
             ,
             than
             the
             good
             of
             the
          
           Commonwealth
           ,
           
             things
             were
             so
             carry'd
             ,
             not
             as
             was
             us'd
             in
             ancient
             times
             ,
             but
             so
             disastrously
             that
             it
             hath
             wrought
             such
             a
             distast
             of
             this
             course
             of
             Parliaments
             ,
             as
             we
             and
             all
             that
             love
             the
          
           Commonwealth
           
             have
             just
             cause
             to
             be
             sorry
             for
             it
             .
          
           p.
           33.
           
           Nevertheless
           ,
           I
           must
           confess
           ,
           that
           even
           in
           this
           sense
           't
           is
           not
           becoming
           every
           private
           Pen
           to
           censure
           or
           condemn
           them
           ,
           upon
           every
           slight
           occasion
           ;
           and
           the
           motives
           must
           be
           very
           extraordinary
           ,
           when
           such
           practices
           are
           allowable
           .
           Yet
           when
           we
           consider
           ,
           that
           matters
           have
           been
           so
           carry'd
           on
           for
           some
           years
           past
           ,
           that
           of
           necessity
           we
           must
           e●ther
           mislike
           our
           Princes
           Wisdom
           and
           Councils
           ,
           for
           Proroguing
           and
           Dissolving
           so
           many
           Parliaments
           ;
           or
           conclude
           ,
           as
           undoubtedly
           we
           must
           ,
           that
           the
           unseasonable
           heat
           of
           the
           Leading-Members
           in
           the
           
             House
             of
             Commons
          
           ,
           necessitated
           
             His
             Majesty
          
           to
           take
           such
           unwelcom
           resolutions
           :
           And
           withal
           ,
           when
           we
           find
           ,
           not
           only
           the
           King
           ,
           but
           the
           generality
           of
           the
           Nation
           in
           their
           repeated
           Addresses
           ,
           express
           their
           dislike
           to
           the
           Proceedings
           of
           a
           
             prevailing
             Party
          
           in
           that
           House
           ;
           all
           
             Loyal
             Subjects
          
           ,
           I
           think
           ,
           concern'd
           in
           the
           election
           of
           such
           Members
           ,
           ought
           to
           be
           so
           just
           to
           Themselves
           and
           the
           Publick
           as
           to
           declare
           their
           own
           Integrity
           ,
           and
           their
           constant
           affection
           to
           the
           King
           ,
           that
           the
           world
           may
           see
           they
           are
           no
           Abettors
           of
           the
           unwarrantable
           resolutions
           of
           their
           Representatives
           ;
           who
           perhaps
           ran
           into
           such
           unusual
           extravagancies
           ,
           in
           hopes
           to
           be
           seconded
           by
           their
           Principals
           .
           But
           tho'
           the
           occasion
           be
           never
           so
           extraordinary
           ,
           it
           must
           nevertheless
           be
           granted
           for
           an
           undeniable
           Maxim
           ,
           that
           whatsoever
           misdemeanors
           any
           Members
           of
           that
           
             Honourable
             House
          
           happen
           to
           commit
           ▪
           it
           ought
           not
           to
           reflection
           the
           House
           in
           general
           ,
           nor
           yet
           the
           errors
           of
           the
           whole
           House
           at
           any
           time
           ,
           put
           either
           Prince
           or
           People
           out
           of
           love
           with
           that
           wholsom
           and
           excellent
           Constitution
           .
           For
           such
           is
           the
           instability
           of
           Mundan
           affairs
           ,
           that
           (
           as
           the
           Poet
           said
           )
           
             Nihil
             est
             ab
             omni
             parte
             beatum
          
           ;
           there
           is
           nothing
           upon
           Earth
           but
           hath
           its
           failings
           ,
           and
           even
           the
           best
           of
           Governments
           has
           sometimes
           its
           own
           inconveniences
           :
           Thus
           Princes
           are
           now
           and
           then
           apt
           to
           give
           too
           much
           credit
           to
           their
           flattering
           Favourites
           ,
           and
           be
           led
           for
           a
           while
           by
           their
           evil
           Counsels
           till
           time
           and
           experience
           convince
           them
           of
           their
           error
           ;
           and
           't
           is
           pla●n
           ,
           the
           wisest
           Assembly
           that
           ever
           sate
           ●n
           the
           
             House
             of
             Commons
          
           cannot
           be
           always
           free
           free
           from
           the
           like
           mistakes
           ,
           but
           are
           sometimes
           mpos'd
           upon
           ,
           by
           the
           plausible
           pretences
           of
           some
           designing
           Politicians
           ,
           and
           cunningly
           decoy'd
           in
           ,
           to
           act
           contrary
           to
           their
           inclination
           to
           their
           interest
           ,
           and
           their
           duty
           .
           Of
           this
           kind
           we
           have
           several
           remarkable
           passages
           in
           the
           Intestine-Troubles
           of
           Forty-One
           ,
           where
           a
           few
           
             Factious
             Members
          
           in
           both
           Houses
           insensibly
           inveigl'd
           the
           rest
           ,
           and
           inflam'd
           the
           whole
           Nation
           into
           a
           general
           combustion
           ;
           And
           these
           four
           years
           past
           can
           sufficiently
           furnish
           us
           with
           fresh
           instances
           almost
           of
           the
           like
           nature
           ,
           but
           that
           through
           the
           great
           Prudence
           of
           our
           Sovereign
           and
           His
           
             Most
             Honourable
             House
             of
             Lords
          
           ,
           mindful
           of
           their
           Fathers
           miscarriages
           ,
           all
           these
           endeavours
           prov'd
           abortive
           and
           unsuccessful
           .
        
         
           If
           we
           ser●ously
           consider
           what
           measures
           some
           persons
           of
           greater
           parts
           than
           honesty
           made
           use
           of
           at
           that
           time
           ,
           as
           well
           in
           as
           out
           of
           Parliament
           ,
           we
           shall
           find
           
           cause
           enough
           to
           admire
           how
           people
           that
           pretend
           so
           much
           Religion
           &
           Loyalty
           ,
           so
           much
           affection
           to
           their
           King
           and
           Countr●y
           ,
           cou'd
           be
           wrought
           upon
           to
           run
           head-long
           into
           such
           extravagant
           courses
           ,
           so
           destructive
           of
           the
           Prerogative-Royal
           ,
           and
           of
           the
           Peace
           and
           Settlement
           of
           the
           
             Three
             Kingdoms
          
           .
           The
           horrid
           Popish-Plot
           ,
           which
           has
           already
           cost
           us
           so
           many
           Millions
           in
           our
           Trade
           and
           Commerce
           ,
           and
           ,
           I
           am
           afraid
           ,
           a
           great
           deal
           more
           in
           our
           Credit
           and
           Reputation
           abroad
           ,
           was
           made
           a
           stalking-horse
           by
           the
           ambitious
           to
           attain
           to
           their
           expected
           Greatness
           ,
           of
           being
           chief
           Ministers
           ,
           if
           not
           chief
           Magistrates
           of
           all
           the
           K's
           Dominions
           :
           And
           because
           His
           Majesty
           ,
           wisely
           considering
           it
           was
           impossible
           to
           make
           a
           just
           and
           impartial
           enquiry
           into
           that
           hellish
           Conspiracy
           ,
           whi●e
           the
           people
           were
           so
           far
           transported
           with
           heat
           and
           passion
           ,
           *
           which
           nothing
           but
           time
           cou'd
           cure
           ;
           and
           withal
           discovering
           what
           use
           some
           designing
           Demagogues
           intended
           to
           make
           of
           this
           Plot
           against
           the
           Monarchy
           ,
           thought
           it
           convenient
           ,
           or
           rather
           necessary
           ,
           sometimes
           to
           Prorogue
           ,
           sometimes
           to
           Dissolve
           his
           Parliament
           ,
           and
           call
           another
           ,
           in
           hopes
           to
           meet
           with
           one
           of
           a
           better
           temper
           ,
           and
           more
           moderation
           ;
           Our
           cunning
           Machiavellians
           took
           hold
           of
           this
           opportunity
           ,
           to
           enflame
           the
           unthinking
           multitude
           ,
           and
           make
           them
           believe
           their
           All
           was
           betray'd
           ,
           without
           a
           speedy
           Parliament
           ,
           to
           enquire
           into
           the
           Popish-Plot
           ,
           and
           redress
           the
           Grievances
           of
           the
           Nation
           ;
           and
           therefore
           they
           clamour'd
           ,
           it
           was
           absolutely
           necessary
           they
           shou'd
           all
           joyn
           in
           a
           Petition
           to
           His
           Majesty
           for
           that
           purpose
           :
           whereby
           they
           were
           sure
           ,
           either
           to
           gain
           their
           point
           ,
           and
           get
           the
           Parliament
           to
           sit
           ,
           which
           they
           might
           model
           and
           influence
           ,
           as
           they
           pleas'd
           ;
           or
           at
           least
           know
           the
           strength
           of
           their
           party
           by
           the
           number
           of
           Subscribers
           ,
           and
           lessen
           His
           Majesty's
           credit
           in
           the
           hearts
           of
           his
           People
           .
           To
           this
           end
           Agents
           are
           sent
           about
           ▪
           and
           the
           Petition
           is
           sign'd
           by
           many
           Legions
           of
           the
           
             Goaly
             Party
          
           .
           None
           so
           forward
           to
           subscribe
           this
           Petition
           to
           the
           Son
           ,
           as
           they
           who
           petition'd
           for
           Justice
           aga●nst
           the
           Father
           .
           There
           you
           might
           see
           
             Presbyterians
             ,
             Independents
             ,
             Quakers
             ,
             Brownists
             ,
          
           and
           Anabaptists
           ,
           all
           in
           a
           string
           ,
           to
           petition
           His
           Majesty
           for
           a
           speedy
           
             Parliament
             .
             A
             mysterious
             Riddle
          
           to
           all
           sober
           and
           understanding
           men
           ,
           that
           Fanaticks
           ,
           who
           always
           but
           in
           Forty-One
           dreaded
           the
           face
           of
           that
           
             August
             Assembly
          
           ,
           shou'd
           now
           be
           more
           zealous
           for
           their
           sitting
           ,
           than
           the
           True-Protestants
           of
           the
           
             Church
             of
             England
          
           .
           It
           was
           certainly
           an
           Omen
           that
           cou'd
           portend
           no
           good
           either
           to
           Church
           or
           State
           ;
           and
           therefore
           ,
           as
           the
           King
           had
           reason
           to
           mistrust
           there
           lay
           a
           Snake
           in
           the
           Grass
           ,
           the
           Brethrens
           zealous
           petitioning
           to
           that
           purpose
           ,
           did
           rather
           hinder
           than
           forward
           their
           meeting
           .
        
         
           At
           last
           ,
           when
           it
           could
           not
           be
           thought
           the
           effect
           of
           the
           Fanaticks
           importunity
           ,
           but
           of
           His
           Majesty's
           grace
           and
           goodness
           ,
           the
           Parliament
           met
           on
           the
           23
           of
           
             Octob
             ▪
          
           1680
           ,
           and
           the
           King
           having
           solemnly
           renew'd
           them
           His
           former
           promises
           of
           complying
           with
           any
           thing
           they
           cou'd
           in
           reason
           propose
           ,
           desir'd
           them
           to
           wave
           all
           unseasonable
           disputes
           ,
           and
           hasten
           to
           settle
           the
           affairs
           of
           the
           Nation
           ,
           and
           bring
           their
           meeting
           to
           a
           happy
           conclusion
           .
           The
           People
           were
           
           generally
           big
           with
           expectation
           ,
           to
           see
           the
           issue
           of
           this
           famous
           Session
           ,
           and
           doubted
           not
           but
           all
           their
           jealousies
           and
           distractions
           wou'd
           now
           be
           fully
           removed
           ,
           the
           Three
           Nations
           settl'd
           and
           compos'd
           ,
           and
           the
           
             Popish
             Plot
          
           speedily
           shifted
           to
           the
           bottom
           .
           
             Parturiunt
             montes
          
           .
           They
           sate
           almost
           for
           three
           entire
           months
           without
           any
           lett
           or
           interruption
           :
           and
           what
           have
           they
           done
           all
           this
           while
           towards
           the
           effecting
           these
           weighty
           matters
           that
           lay
           before
           them
           ?
           what
           great
           progress
           have
           they
           made
           towards
           the
           suppressing
           of
           Popery
           ,
           or
           putting
           a
           period
           to
           that
           
             hellish
             Conspiracy
          
           ?
           They
           spent
           nine
           or
           ten
           days
           about
           my
           Lord
           Stafford's
           Tryal
           ;
           and
           when
           all
           expected
           the
           other
           Lords
           shou'd
           immediately
           follow
           ,
           our
           charitable
           Patriots
           ,
           tender
           it
           seems
           of
           shedding
           more
           Popish-Blood
           ,
           sate
           down
           to
           breath
           themselves
           ,
           and
           not
           a
           word
           more
           of
           the
           Papists
           to
           the
           end
           of
           the
           Chapter
           .
        
         
           The
           truth
           is
           ,
           the
           Leading-Members
           ,
           that
           govern'd
           all
           in
           the
           
             House
             of
             Commons
          
           ,
           had
           other
           fish
           to
           fry
           .
           They
           were
           ferreting
           out
           
             Papists
             in
             Masquerade
          
           ,
           or
           
             half-reform'd
             Protestants
          
           ,
           now
           thought
           more
           dangerous
           than
           the
           profess'd
           Romanists
           .
           A
           Reformation
           they
           intended
           both
           in
           Church
           and
           State
           ,
           and
           God
           knows
           where
           it
           shou'd
           have
           ended
           It
           was
           enough
           they
           fix'd
           the
           Popish-Plot
           by
           the
           conviction
           of
           my
           Lord
           Stafford
           ;
           but
           it
           seems
           it
           was
           their
           interest
           to
           keep
           it
           on
           foot
           for
           other
           purposes
           ,
           perhaps
           in
           imitation
           of
           the
           wise
           Romans
           ;
           who
           thought
           it
           impolitick
           to
           demolish
           their
           great
           Rival
           Carthage
           ,
           which
           ,
           while
           standing
           ,
           might
           serve
           to
           keep
           them
           from
           idleness
           and
           exercise
           their
           Valour
           .
           The
           Papists
           therefore
           must
           have
           a
           time
           to
           breath
           ,
           and
           the
           Fanaticks
           are
           the
           great
           favourites
           of
           the
           House
           ,
           while
           known
           Protestants
           of
           the
           Church
           of
           England
           ,
           under
           the
           odious
           names
           of
           Abhorrers
           ,
           are
           forc'd
           to
           bear
           the
           brunt
           ,
           and
           suffer
           as
           
             Betrayers
             of
             the
             peoples
             Rights
             and
             Liberties
             ,
          
           for
           obeying
           their
           Sovereigns
           Proclamation
           ,
           tho'
           not
           repugnant
           to
           any
           known
           Law
           or
           Statute
           ,
           but
           approv'd
           of
           by
           the
           Judges
           ,
           and
           other
           Sages
           of
           the
           Law
           ,
           and
           conformable
           to
           an
           express
           
             Act
             of
             Parliament
          
           in
           the
           like
           case
           provided
           .
           13
           
             Car.
             2.
             c.
          
           5.
           
        
         
           'T
           is
           the
           peoples
           Right
           ,
           I
           know
           ,
           or
           to
           speak
           more
           properly
           ,
           't
           is
           their
           Duty
           ,
           to
           petition
           their
           Prince
           for
           relief
           and
           redress
           of
           their
           Grievances
           ;
           but
           still
           't
           is
           the
           undoubted
           Prerogative
           of
           the
           Sovereign
           to
           judge
           whether
           such
           Grievances
           be
           real
           or
           pretended
           ;
           fit
           to
           be
           granted
           ,
           or
           necessary
           to
           be
           rejected
           :
           And
           when
           upon
           weighty
           considerations
           ,
           as
           the
           Subject
           ought
           in
           duty
           to
           suppose
           ,
           the
           Prince
           openly
           expresses
           his
           dislike
           to
           such
           Petitions
           ,
           to
           importune
           him
           any
           further
           is
           very
           unmannerly
           ,
           and
           plainly
           tending
           to
           
             Sedition
             .
             'T
             is
             an
             undutiful
             part
             in
             Subjects
          
           (
           saith
           our
           
             British
             Solomon
             )
             to
             press
             their
             King
             ,
             wherein
             they
             know
             before-hand
             he
             will
             refuse
             them
             .
          
           In
           his
           Speech
           to
           the
           Parliament
           .
           anno
           1609.
           
        
         
           
             The
             evil
             consequences
             of
             these
          
           tumultuous
           Petitions
           
             are
             too
             well
             known
             to
             those
             that
             remember
             our
             late
             unhappy
             Confusions
             ,
             to
             be
             dwelt
             upon
             ,
             or
             describ'd
             in
             so
             small
             a
          
           Treatise
           .
           
             'T
             is
             enough
             ,
             that
             the
             wisdom
             of
             the
             Nation
             ,
             both
          
           King
           and
           Parliament
           ,
           after
           His
           Majesty's
           miraculous
           Restauration
           ,
           
             have
             declar'd
          
           ,
           It
           hath
           been
           found
           by
           sad
           experience
           ,
           that
           tumultuous
           and
           other
           
           disorderly
           soliciting
           and
           procuring
           of
           hands
           by
           private
           persons
           to
           
             Petitions
             ,
             Complaints
             ,
             Remonstrances
             ,
             Declarations
             ,
          
           and
           other
           Addresses
           to
           the
           King
           ,
           or
           to
           both
           or
           either
           Houses
           of
           Parliament
           ,
           for
           alteration
           of
           matters
           establish'd
           by
           Law
           ,
           redress
           of
           pretended
           Grievances
           in
           Church
           or
           State
           ,
           or
           other
           publick
           Concernments
           ,
           have
           been
           made
           use
           of
           ,
           to
           serve
           the
           ends
           of
           Factious
           and
           Seditious
           persons
           gotten
           into
           power
           ,
           to
           the
           violation
           of
           the
           publick
           Peace
           ,
           and
           have
           been
           a
           great
           mens
           of
           the
           late
           unhappy
           Wars
           ,
           Confusions
           and
           Calamities
           in
           this
           Nation
           .
           13
           Car.
           2.
           c.
           5.
           
        
         
           Besides
           ,
           our
           Lawyers
           tell
           us
           ,
           and
           King
           James
           declares
           in
           his
           Speech
           to
           the
           Parliament
           ,
           on
           the
           last
           of
           March
           1607
           ,
           *
           That
           
             Rex
             est
             Lex
             loquens
          
           ;
           and
           
             where
             the
             Law
             is
             silent
             ,
             the
             King's
             will
             is
             a
             temporary
             Law.
          
           Upon
           what
           account
           then
           were
           the
           Abhorrers
           of
           the
           late
           tumultuous
           Petitions
           ,
           so
           exactly
           resembling
           those
           of
           Forty
           ,
           and
           so
           contrary
           to
           
             His
             Majesty's
          
           express
           Orders
           and
           Proclamation
           ,
           censur'd
           or
           imprison'd
           ?
           what
           Crime
           have
           they
           committed
           ,
           or
           Law
           have
           they
           violated
           ?
           or
           can
           there
           be
           any
           transgression
           ,
           where
           there
           is
           no
           Law
           ;
           or
           Punishment
           ,
           where
           there
           is
           no
           Transgression
           ?
           Oh!
           (
           say
           they
           )
           tho'
           there
           be
           no
           positive
           Law
           directly
           against
           Abhorrers
           ,
           yet
           't
           is
           the
           great
           
             Fundamental
             Law
             ,
             Lex
             &
             consuetudo
             Parliamenti
             ,
          
           and
           the
           Priviledge
           of
           Parliament
           ,
           that
           they
           may
           judge
           what
           Crimes
           are
           punishable
           
             ex
             post
             facto
          
           ,
           and
           by
           their
           arbitrary
           Power
           punish
           any
           man
           for
           what
           they
           please
           .
           This
           ,
           I
           must
           confess
           ,
           is
           a
           pretty
           knack
           to
           help
           us
           off
           at
           a
           dead
           lift
           ,
           and
           will
           serve
           as
           well
           to
           vindicate
           the
           most
           exorbitant
           proceed●ngs
           of
           a
           mad
           Parliament
           ,
           as
           self-preservation
           is
           generally
           wrested
           to
           justifie
           the
           horrid
           Conspiracies
           of
           Rebellious
           Subjects
           .
           It
           proves
           the
           great
           Earl
           of
           Strafford
           has
           been
           lawfully
           Executed
           ,
           tho'
           his
           very
           Enemies
           then
           gave
           us
           reason
           to
           believe
           ,
           and
           both
           King
           and
           Parliament
           since
           have
           declar'd
           ,
           him
           Innocent
           ;
           And
           the
           known
           Laws
           of
           the
           Land
           are
           at
           this
           rate
           very
           defective
           ,
           since
           they
           are
           not
           the
           entire
           Rule
           of
           the
           peoples
           
             Civil
             Obedience
          
           ,
           but
           are
           further
           liable
           to
           be
           try'd
           by
           that
           
             mysterious
             Riddle
             ,
             Lex
             &
             ,
             consuetudo
             Parliamenti
          
           ;
           which
           neither
           our
           Fathers
           ,
           nor
           We
           ,
           were
           able
           to
           understand
           .
        
         
           'T
           is
           an
           undoubted
           Maxim
           both
           in
           Law
           and
           Reason
           ,
           that
           promulgation
           is
           absolutely
           necessary
           to
           the
           obligation
           of
           all
           positive
           constitutions
           ,
           insomuch
           that
           the
           immediate
           Laws
           even
           of
           the
           Almighty
           ,
           are
           not
           obligatory
           ,
           where
           they
           were
           never
           preach'd
           ,
           or
           made
           known
           .
           How
           then
           comes
           it
           to
           pass
           ,
           that
           so
           many
           Loyal
           Subjects
           and
           good
           Protestants
           have
           been
           troubl'd
           upon
           the
           account
           of
           those
           mystical
           Riddles
           ,
           
             Lex
             &
             consuetudo
             Parliamenti
          
           ,
           and
           the
           
             Priviledges
             of
             Parliament
          
           ,
           which
           were
           never
           publish'd
           or
           made
           known
           to
           the
           people
           ,
           but
           lie
           dormant
           in
           the
           
             House
             of
             Commons
          
           ,
           till
           started
           up
           as
           occasion
           requires
           ?
           It
           were
           to
           be
           wish'd
           ,
           that
           
             Honourable
             Senate
          
           wou'd
           so
           far
           oblige
           the
           Nation
           ,
           as
           to
           give
           them
           a
           true
           description
           of
           this
           Law
           and
           
           Custom
           of
           Parliament
           ,
           and
           an
           exact
           account
           of
           their
           Priviledges
           ;
           that
           people
           might
           in
           some
           measure
           for
           the
           future
           be
           able
           to
           shun
           those
           dangerous
           rocks
           ,
           and
           not
           be
           surpriz'd
           or
           shipwrack'd
           on
           such
           hidden
           shelves
           .
           Till
           then
           all
           those
           loud
           pretences
           of
           securing
           the
           Subject
           from
           Slavery
           and
           
             Arbitrary
             Government
          
           ,
           must
           seem
           very
           ridiculous
           to
           the
           sober
           and
           judicious
           ,
           who
           as
           they
           cannot
           be
           easily
           impos'd
           upon
           by
           outward
           appearances
           ,
           to
           believe
           peoples
           words
           not
           suitable
           to
           their
           actions
           ,
           will
           be
           apt
           to
           mistrust
           ,
           that
           what
           these
           Gentlemen
           so
           stifly
           oppose
           in
           others
           ,
           they
           design
           wholly
           for
           themselves
           .
        
         
           But
           to
           come
           closer
           to
           the
           purpose
           ,
           let
           us
           suppose
           the
           Parliament
           has
           this
           Arbitrary
           Prerogative
           ,
           to
           turn
           our
           most
           innocent
           actions
           into
           misdemeanors
           ,
           and
           make
           what
           they
           please
           a
           breach
           of
           Priviledge
           :
           yet
           by
           what
           Authority
           can
           the
           House
           of
           Commons
           alone
           pretend
           to
           execute
           that
           Power
           ;
           or
           take
           upon
           them
           to
           be
           sole
           Judges
           ,
           that
           cannot
           act
           as
           Justices
           of
           the
           Peace
           ?
           Our
           Ancestors
           ,
           it
           seems
           ,
           have
           brought
           their
           Hogs
           to
           a
           fair
           Market
           ,
           who
           have
           struggled
           for
           many
           Ages
           to
           preserve
           themselves
           and
           Posterity
           from
           the
           unbounded
           rule
           of
           Arbitrary
           pleasure
           ,
           and
           having
           wrested
           that
           Power
           from
           their
           Soveraign
           ,
           like
           wise
           Politicians
           ,
           have
           left
           it
           in
           the
           hands
           of
           their
           Fellow-Subjects
           ,
           nay
           ,
           of
           their
           Attorneys
           and
           Servants
           ,
           to
           whom
           as
           such
           ,
           they
           always
           allow'd
           their
           daily
           wages
           for
           their
           attendance
           in
           Parliament
           .
           'T
           is
           certainly
           an
           odd
           kind
           of
           Liberty
           ,
           that
           the
           people
           can
           neither
           be
           Fin'd
           nor
           Imprison'd
           by
           their
           Soveraign
           ,
           unless
           for
           transgressing
           some
           known
           penal
           Law
           of
           the
           Land
           ;
           but
           their
           Deputies
           and
           Trustees
           may
           uncontroulably
           punish
           them
           for
           any
           thing
           they
           are
           pleas'd
           to
           call
           Criminal
           .
        
         
           Is
           this
           the
           great
           happiness
           of
           Freeborn
           Subjects
           ,
           instead
           of
           one
           to
           have
           five
           hundred
           Masters
           ,
           and
           see
           the
           
             Fundamental
             Laws
          
           of
           the
           Nation
           ,
           
             Magna
             Charta
          
           ,
           and
           all
           the
           good
           Statutes
           confirming
           and
           explaining
           the
           same
           ,
           thus
           eluded
           and
           made
           useless
           by
           a
           pretended
           Custom
           of
           Parliament
           ?
           What
           are
           we
           the
           better
           at
           this
           rate
           ,
           that
           by
           the
           
             Great
             Charter
          
           of
           the
           Liberties
           of
           
             England
             ,
             c.
          
           29
           't
           is
           declar'd
           ,
           
             That
             no
             Freeman
             shall
             be
             taken
             or
             Imprison'd
             ,
             or
             be
             disseiz'd
             of
             his
             Freehold
             or
             Liberties
             ,
             or
             his
             Free
             Customs
             ,
             or
             be
             Outlaw'd
             ,
             or
             Exil'd
             ,
             or
             in
             any
             manner
             destroy'd
             ,
             but
             by
             the
             lawful
             Judgement
             of
             his
             Peers
             ,
             or
             by
             the
             Law
             of
             the
             Land
             ?
          
           Or
           that
           28
           Edw.
           3.
           c
           3.
           't
           is
           enacted
           ,
           
             That
             no
             man
             of
             what
             estate
             or
             condition
             he
             be
             ,
             shall
             be
             put
             out
             of
             his
             Land
             or
             Tenements
             ,
             nor
             taken
             ,
             nor
             Imprison'd
             ,
             nor
             disinherited
             ,
             nor
             put
             to
             death
             ,
             without
             being
             brought
             to
             Answer
             by
             due
             Process
             of
             Law.
          
           Or
           ,
           to
           omit
           many
           others
           ,
           that
           42
           Ed.
           3.
           c.
           3.
           
           
             It
             is
             assented
             and
             accorded
             for
             the
             good
             governance
             of
             the
             Commons
             ,
             that
             no
             man
             be
             put
             to
             answer
             without
             Presentment
             before
             Justices
             ,
             or
             matter
             of
             Record
             ,
             or
             by
             due
             Process
             and
             Writ
             Original
             ,
             according
             to
             the
             Old
             Law
             of
             the
             Land
             ;
             and
             if
             any
             thing
             be
             done
             to
             the
             contrary
             ,
             it
             shall
             be
             void
             in
             Law
             ,
             and
             holden
             for
             error
             .
          
           What
           are
           we
           the
           better
           ,
           I
           say
           ,
           to
           have
           these
           and
           several
           other
           Statutes
           to
           the
           same
           purpose
           ,
           if
           they
           are
           not
           of
           force
           to
           secure
           us
           on
           all
           sides
           from
           the
           
             slavish
             yoke
          
           of
           Arbitrary
           Power
           ?
           If
           a
           breach
           be
           once
           made
           in
           these
           great
           Bulwarks
           of
           our
           Liberties
           ,
           and
           that
           even
           by
           
           those
           Sentinels
           appointed
           to
           guard
           us
           from
           all
           Illegal
           Incroachments
           ,
           where
           is
           our
           Security
           ?
           What
           will
           it
           avail
           the
           flock
           ,
           that
           they
           are
           safe
           from
           Wolves
           ,
           if
           they
           are
           in
           danger
           to
           be
           devour'd
           by
           the
           very
           Dogs
           that
           shou'd
           defend
           them
           ?
           Or
           to
           what
           purpose
           shou'd
           people
           struggle
           to
           avoid
           Scylla
           ,
           if
           at
           the
           same
           time
           they
           suffer
           themselves
           to
           be
           swallow'd
           up
           in
           Charybdis
           ?
           'T
           is
           an
           old
           saying
           ▪
           
             Infeliciter
             aegrotat
             ,
             cui
             plus
             mali
             venit
             a
             medico
             ●uam
             a
             morbo
          
           ;
           and
           we
           have
           found
           this
           too
           true
           by
           a
           dear-bought
           experience
           .
           God
           preserve
           us
           from
           receiving
           any
           further
           confirmations
           of
           it
           from
           those
           State-Empyricks
           ,
           that
           labour
           to
           make
           us
           exchange
           the
           reality
           for
           the
           name
           ,
           and
           the
           substance
           for
           the
           shadow
           ,
           or
           Liberty
           .
        
         
           'T
           is
           plain
           by
           the
           foregoing
           Statutes
           ,
           that
           no
           man
           ought
           to
           be
           taken
           or
           Imprison'd
           ,
           without
           being
           brought
           to
           Answer
           by
           due
           course
           of
           Law
           ;
           and
           that
           none
           can
           be
           brought
           thus
           to
           answer
           ,
           without
           Presen●ment
           before
           Justices
           ,
           or
           matter
           of
           Record
           ,
           or
           by
           due
           Process
           and
           
             Writ
             Original
          
           ,
           according
           to
           the
           old
           Law
           of
           the
           Land.
           What
           pretence
           then
           have
           the
           House
           of
           Commons
           ,
           who
           can
           bring
           none
           to
           Answer
           in
           this
           manner
           ,
           to
           any
           right
           or
           legal
           power
           to
           take
           or
           Imprison
           any
           Criminal
           whatsoever
           ?
           'T
           is
           true
           ,
           the
           Common
           ,
           and
           generally
           all
           men
           in
           Authority
           ,
           are
           inclin'd
           to
           enlarge
           their
           own
           Jurisdiction
           ,
           and
           stretch
           it
           as
           far
           as
           possible
           ;
           but
           sure
           a
           bare
           Vote
           of
           that
           House
           in
           favour
           of
           themselves
           ,
           or
           a
           late
           practice
           never
           heard
           of
           in
           former
           Ages
           ,
           shall
           not
           be
           of
           force
           enough
           in
           any
           Court
           of
           Justice
           to
           elude
           the
           solemn
           Acts
           of
           King
           and
           Parliament
           .
        
         
           Besides
           these
           Statutes
           ,
           too
           plain
           to
           admit
           of
           any
           comment
           ,
           even
           by
           the
           Common
           Law
           of
           this
           Realm
           no
           Subject
           can
           Imprison
           another
           ,
           but
           our
           Ancient
           Courts
           of
           Record
           ,
           and
           such
           as
           have
           the
           Kings
           express
           Commission
           for
           so
           doing
           .
           I
           say
           Courts
           of
           Record
           ,
           because
           (
           as
           appears
           by
           divers
           adjudg'd
           Cases
           in
           our
           Law
           Reports
           )
           no
           other
           Court
           can
           Fine
           or
           Imprison
           the
           Subject
           :
           Courts
           (
           saith
           
             Coke
             )
             which
             are
             not
             of
             Record
             ,
             cannot
             impose
             a
             Fine
             ,
             or
             commit
             any
             to
             Prison
             ,
          
           lib.
           8.
           f.
           38.
           
           And
           again
           ,
           
             Nulla
             Curia
             ,
             quae
             Recordum
             non
             habet
             ,
             potest
             imponere
             finem
             ,
             neque
             aliquem
             mandare
             carceri
             ;
             quia
             ista
             tantummodo
             spectant
             ad
             Curias
             de
          
           *
           Recordo
           .
           Now
           our
           best
           Lawyers
           will
           tell
           us
           ,
           that
           the
           House
           of
           Commons
           is
           no
           Court
           of
           Record
           ,
           nay
           properly
           speaking
           is
           no
           Court
           at
           all
           .
           1.
           
           Because
           there
           is
           no
           Court
           ,
           but
           what
           is
           establish
           ▪
           d
           by
           the
           
             Kings
             Patent
          
           ,
           by
           Act
           of
           Parliament
           ,
           or
           by
           the
           
             Common-Law
             ,
             i.e.
          
           the
           constant
           immemorial
           custom
           of
           former
           Ages
           .
           Plowdens
           Comment
           .
           fol.
           319.
           and
           Coke
           1
           Instit.
           f.
           260.
           
           But
           the
           House
           of
           Commons
           cannot
           pretend
           to
           have
           any
           Patent
           or
           Act
           of
           Parliament
           to
           be
           a
           Court
           ,
           and
           yet
           the
           Common-Law
           makes
           nothing
           for
           their
           purpose
           :
           For
           they
           were
           never
           own'd
           as
           such
           ,
           nor
           ever
           had
           as
           much
           as
           a
           Journal-Book
           ,
           much
           less
           Records
           ,
           till
           Ed.
           6's
           .
           time
           :
           And
           moreover
           ,
           it
           was
           never
           heard
           before
           Sir
           
             Edward
             Cokes
          
           fancy
           ,
           there
           were
           two
           distinct
           Courts
           in
           the
           same
           Parliament
           ;
           since
           therefore
           the
           House
           of
           Lords
           is
           undoubtedly
           the
           
             Supream
             Court
          
           of
           all
           England
           ,
           they
           are
           properly
           
           the
           
             High
             Court
          
           of
           Parliament
           ,
           and
           consequently
           the
           House
           of
           Commons
           is
           no
           Court
           in
           Law.
           Secondly
           ,
           There
           is
           no
           Court
           without
           a
           power
           of
           Tryal
           ;
           but
           the
           House
           of
           Commons
           have
           no
           power
           to
           try
           any
           Crime
           or
           Offence
           ;
           for
           they
           cannot
           ;
           nor
           ever
           pretended
           to
           examine
           upon
           Oath
           :
           And
           therefore
           since
           there
           can
           be
           no
           legal
           tryal
           without
           Witnesses
           ,
           nor
           are
           Witnesses
           of
           any
           force
           in
           Law
           ,
           unless
           examin'd
           upon
           Oath
           ,
           the
           House
           of
           Commons
           not
           claiming
           the
           power
           to
           administer
           Oaths
           ,
           cannot
           bring
           any
           matter
           to
           a
           Tryal
           ,
           and
           consequently
           can
           be
           no
           Court.
           I
           must
           confess
           Sir
           
             Edward
             Coke
          
           (
           who
           in
           his
           latter
           days
           thinking
           himself
           disoblig'd
           ,
           was
           no
           friend
           to
           the
           Monarchy
           ,
           and
           therefore
           took
           a
           great
           deal
           of
           pains
           to
           extol
           the
           Power
           of
           the
           Commons
           ,
           in
           opposition
           to
           the
           
             Kings
             Prerogative
          
           and
           the
           Jurisdiction
           of
           the
           Lords
           )
           is
           ,
           or
           at
           least
           pretends
           to
           be
           ,
           of
           another
           opinion
           .
           In
           the
           4th
           .
           part
           of
           his
           Institutes
           he
           tells
           us
           ,
           
             That
             the
          
           House
           of
           Commons
           
             is
             to
             many
             purposes
             a
             distinct
             Court
             ,
          
           p
           28.
           which
           he
           very
           Learnedly
           proves
           by
           this
           rare
           
             Demonstration
             ,
             That
             upon
             signification
             of
             the
             Kings
             pleasure
             to
             the
             Speaker
             ,
             they
             do
             and
             may
             Prorogue
             or
             Adjourn
             themselves
             ,
             and
             are
             not
             Prorogu'd
             or
             Adjourned
             by
             the
          
           House
           of
           Lords
           ,
           ib.
           Whereas
           (
           to
           say
           nothing
           of
           Commissioners
           for
           examining
           Witnesses
           ,
           or
           regulating
           any
           publick
           business
           ,
           of
           
             Arbitrators
             ,
             Referees
          
           and
           the
           like
           )
           every
           Committee
           of
           Lords
           and
           Commons
           ,
           tho
           never
           so
           few
           in
           number
           ,
           must
           upon
           this
           account
           be
           a
           distinct
           Court
           ,
           because
           they
           may
           thus
           Adjourn
           and
           Prorogue
           themselves
           ,
           without
           their
           respective
           Houses
           .
           But
           he
           goes
           on
           ,
           and
           to
           prove
           the
           House
           of
           Commons
           ,
           is
           not
           only
           a
           Court
           ,
           but
           a
           Court
           of
           Judicature
           and
           Record
           ,
           he
           says
           p.
           23.
           
           
             That
             the
             Clerks
             Book
             of
             the
          
           House
           of
           Commons
           
             is
             a
             Record
             ,
             and
             so
             declared
             by
             Act
             of
             Parliament
             ,
          
           6
           H.
           8.
           c.
           16.
           
           Whereas
           that
           House
           ,
           as
           I
           have
           already
           hinted
           ,
           had
           no
           such
           Book
           as
           a
           Journal
           ,
           much
           less
           any
           
             Authentick
             Record
          
           ,
           before
           the
           first
           year
           of
           Edward
           the
           sixth
           ;
           all
           their
           material
           Proceedings
           till
           then
           being
           drawn
           in
           Minutes
           by
           a
           Clerk
           appointed
           to
           attend
           them
           for
           that
           purpose
           ,
           and
           by
           him
           entr'd
           of
           Record
           in
           the
           House
           of
           Lords
           :
           And
           therefore
           the
           words
           of
           the
           Statute
           are
           ,
           
             That
             the
             Speakers
             License
             for
             Members
             going
             into
             the
             Country
             ,
             be
             entred
             of
             Record
             in
             the
             Book
             of
             the
             Clerk
             of
             the
             Parliament
             ,
             appointed
             for
             the
             Commons
             House
             :
          
           Which
           undoubtedly
           must
           be
           meant
           ,
           not
           of
           the
           Commons
           ,
           tho
           order'd
           now
           and
           then
           to
           wait
           upon
           them
           ,
           but
           of
           the
           Lords
           Clerk
           ,
           who
           alone
           is
           stil'd
           Clerk
           of
           the
           Parliament
           .
           I
           omit
           ,
           that
           altho
           the
           Act
           had
           expresly
           call'd
           the
           
             Commons
             Book
          
           ,
           a
           Record
           ,
           yet
           this
           cou'd
           no
           more
           make
           it
           so
           ,
           than
           the
           words
           of
           the
           
             Common-Law
             ,
             Recordari
             facias
             loquelam
             in
             Curia
             Comitatus
          
           vel
           
             Baronis
             tui
             —
             &
             Recordum
             illud
             habere
             coram
             Justiciari●s
             nostris
             ,
          
           &c.
           us'd
           in
           the
           Writt
           for
           removing
           a
           Plaint
           out
           of
           the
           Court-Baron
           ,
           or
           County-Court
           to
           the
           Common-Pleas
           ,
           can
           prove
           the
           County-Court
           and
           Court-Baron
           ;
           to
           be
           Courts
           of
           Record
           ;
           which
           yet
           Coke
           himself
           denyes
           in
           several
           places
           of
           his
           Institutes
           .
           See
           1
           Inst.
           f.
           117.
           and
           260.
           and
           Rolls
           in
           his
           Abridg.
           f.
           527.
           
        
         
           
             This
             is
             not
             all
             ,
             the
          
           Lords
           and
           Commons
           
             must
             be
             made
             all
             Fellows
             at
             Foot-ball
             ,
             and
             of
             equal
             Authority
             ,
             in
             point
             of
          
           Judicature
           :
           The
           Lords
           
             (
             saith
             he
          
           )
           
           in
           their
           House
           have
           Power
           of
           Judicature
           ,
           and
           the
           Commons
           in
           their
           House
           have
           Power
           of
           Judicature
           ,
           and
           both
           together
           have
           Power
           of
           Judicature
           ,
           
             p
             23
             :
             But
             I
             wish
             ,
             since
             the
          
           Lords
           Judicial
           
             Power
             ,
             as
             well
             with
             as
             without
             the
          
           Commons
           ,
           
             is
             beyond
             all
             dispute
             ,
             this
             great
          
           Lawyer
           
             had
             so
             far
             oblig'd
             Posterity
             ,
             as
             to
             have
             left
             us
             some
             convincing
             Argument
             to
             make
             the
             World
             believe
             the
             like
             of
             the
          
           House
           of
           Commons
           ;
           
             or
             at
             least
             given
             us
             some
          
           Instances
           
             of
             their
             using
             this
             Power
             in
             former
             Ages
             ,
             as
             the
          
           Lords
           
             have
             done
             time
             out
             of
             mind
             .
             In
             the
             mean
             time
             ,
             't
             is
             a
             shrewd
             Argument
             against
             his
             Assertion
             ,
             that
             in
          
           H.
           4.
           
             time
             the
          
           Commons
           
             themselves
             in
             their
          
           Petition
           
             to
             the
          
           King
           ,
           declar'd
           ,
           That
           the
           Judgments
           of
           Parliament
           appertained
           only
           to
           the
           King
           and
           Lords
           ,
           and
           not
           to
           the
           Commons
           ;
           and
           therefore
           they
           prayed
           the
           King
           out
           of
           his
           special
           Grace
           to
           shew
           unto
           them
           the
           said
           Judgments
           and
           the
           cause
           of
           them
           ;
           that
           so
           no
           Record
           might
           be
           made
           in
           Parliament
           against
           the
           said
           Commons
           ,
           without
           their
           privity
           .
           
             To
             which
             the
             Bishop
             of
          
           Canterbury
           
             answer'd
             by
             the
             Kings
             command
          
           ,
           That
           the
           Commons
           are
           Petitioners
           and
           Demanders
           ,
           and
           that
           the
           King
           and
           Lords
           always
           had
           ,
           and
           of
           right
           shall
           have
           the
           Judgments
           in
           Parliament
           ,
           even
           as
           the
           Commons
           themselves
           have
           shewed
           ;
           saving
           that
           in
           Statutes
           to
           be
           made
           ,
           or
           Grants
           and
           Subsidies
           ,
           or
           such
           things
           as
           are
           to
           be
           done
           for
           the
           publick
           profit
           of
           the
           Realm
           ,
           the
           King
           will
           have
           especially
           their
           advice
           and
           assent
           ,
           1
           
             H.
             4.
             
             Rol.
             Parl
             n.
             79.
             
             Who
             now
             is
             to
             be
             believ'd
             ,
             Sir
          
           Edward
           Coke
           
             attributing
             to
             the
          
           Commons
           ,
           
             or
             the
          
           Commons
           
             themselves
             wholly
             disclaiming
             all
             Power
             of
          
           Judicature
           ?
           
             Or
             shall
             a
             single
          
           Lawyers
           Ipse
           dixit
           ,
           
             or
             proofless
             assertion
             ,
             be
             of
             greater
             weight
             ,
             than
             so
             solemn
             a
          
           Declaration
           upon
           Record
           ,
           
             approv'd
             off
             by
          
           King
           ,
           Lords
           ,
           and
           Commons
           ?
        
         
           But
           to
           be
           short
           ,
           and
           to
           argue
           
             ad
             hominem
          
           against
           our
           late
           Demagogues
           at
           Wesminster
           ,
           if
           they
           thought
           themselves
           a
           Court
           of
           Judicature
           and
           Record
           ,
           as
           Sir
           
             Edward
             Coke
          
           is
           pleas'd
           to
           make
           them
           ,
           't
           is
           strange
           what
           cou'd
           be
           their
           motive
           (
           unless
           to
           shew
           their
           Arbitrary
           Power
           to
           the
           World
           )
           to
           Imprison
           so
           many
           of
           His
           Majesties
           Loyal
           Subjects
           ,
           and
           after
           a
           long
           and
           chargeable
           Confinement
           ,
           release
           them
           ,
           without
           offering
           to
           bring
           them
           to
           any
           legal
           Tryal
           :
           For
           if
           these
           Gentlemen
           were
           reputed
           Criminal
           ,
           they
           ought
           to
           have
           been
           try'd
           according
           to
           Law
           ;
           if
           Innocent
           ,
           they
           shou'd
           not
           have
           been
           Imprison'd
           .
           And
           to
           say
           their
           Confinement
           was
           by
           the
           House
           design'd
           for
           a
           punishment
           of
           their
           suppos'd
           Misdemeanors
           ,
           't
           is
           contrary
           to
           common
           sense
           and
           to
           all
           Laws
           both
           humane
           and
           divine
           .
           For
           at
           this
           rate
           ,
           people
           will
           be
           condemn●d
           before
           they
           are
           heard
           ,
           and
           punish'd
           before
           they
           are
           convicted
           ;
           nay
           ,
           which
           is
           worse
           than
           Abington-Law
           ,
           to
           hang
           a
           man
           first
           ,
           and
           try
           him
           after
           ,
           they
           shall
           be
           punish'd
           at
           will
           ,
           and
           never
           brought
           to
           a
           tryal
           .
           What
           can
           be
           safe
           ,
           if
           this
           be
           admitted
           ?
           or
           who
           can
           be
           secure
           either
           of
           Life
           or
           Liberty
           ,
           if
           a
           prevailing
           Faction
           in
           the
           
             House
             of
             Commons
          
           may
           toss
           him
           thus
           in
           a
           Blanket
           without
           any
           Rhime
           or
           Reason
           ,
           contrary
           to
           the
           undoubted
           Right
           of
           the
           Subject
           ,
           and
           the
           
             Fundamental
             Laws
          
           of
           the
           Nation
           ?
        
         
           But
           we
           are
           told
           ,
           the
           Commons
           have
           often
           Imprison'd
           people
           for
           misdemeanors
           ,
           and
           releas'd
           them
           again
           at
           their
           own
           Discretion
           .
           I
           wish
           they
           
           had
           shew'd
           us
           withal
           by
           what
           Authority
           or
           Law
           they
           committed
           them
           ;
           for
           a
           
             facto
             ad
             jus
          
           is
           no
           good
           argument
           with
           any
           man
           of
           sense
           or
           judgment
           .
           How
           many
           Appeals
           have
           been
           made
           to
           Rome
           ,
           and
           provisions
           of
           Benefices
           procur'd
           from
           thence
           ,
           during
           the
           Papal
           Usurpation
           ?
           Yet
           these
           being
           contrary
           to
           Law
           ,
           the
           Authors
           were
           still
           punishable
           ,
           and
           it
           was
           no
           excuse
           for
           any
           ,
           that
           others
           had
           done
           the
           like
           before
           .
           The
           Commons
           have
           been
           a
           constituent
           part
           of
           the
           
             Great
             Council
          
           of
           the
           Kingdom
           ,
           either
           since
           the
           16th
           .
           of
           
             Henry
             I.
          
           as
           some
           Historians
           write
           ,
           or
           since
           the
           49th
           .
           of
           H.
           3.
           in
           the
           year
           1364.
           as
           most
           Authors
           agree
           ;
           and
           yet
           all
           this
           while
           we
           cannot
           find
           ,
           that
           by
           their
           own
           Authority
           they
           imprison'd
           any
           Criminal
           ,
           till
           in
           the
           4th
           .
           of
           Ed.
           6.
           about
           the
           year
           1550
           they
           committed
           Criketost
           to
           the
           Tower
           ,
           when
           the
           King
           was
           an
           Infant
           ,
           and
           all
           govern'd
           by
           the
           ambitious
           Duke
           of
           Somerset
           :
           who
           to
           be
           sure
           wou'd
           not
           expostulate
           with
           the
           
             House
             of
             Commons
          
           about
           such
           a
           trifle
           ,
           as
           he
           thought
           it
           ,
           whilst
           they
           forbore
           to
           question
           him
           for
           his
           more
           illegal
           and
           arbitrary
           Proceedings
           .
        
         
           Now
           ,
           if
           there
           be
           no
           other
           argument
           to
           justifie
           the
           Commons
           imprisoning
           Delinquents
           ,
           but
           the
           practice
           of
           their
           House
           since
           the
           4th
           .
           of
           Ed.
           6.
           't
           is
           plain
           ,
           the
           commitment
           of
           Criketost
           was
           illegal
           ,
           because
           not
           justifiable
           by
           any
           former
           practice
           of
           that
           House
           ;
           and
           consequently
           ,
           cou'd
           be
           no
           fit
           Precedent
           to
           be
           imitated
           in
           succeeding
           Parliaments
           .
           And
           if
           their
           first
           Essays
           of
           this
           kind
           were
           unwarrantable
           by
           Law
           ,
           their
           subsequent
           Commitments
           cou'd
           be
           no
           better
           ;
           for
           ,
           
             Quod
             ab
             initio
             non
             valuit
             ,
             tractu
             temporis
             non
             convalescit
             .
          
           To
           what
           purpose
           then
           are
           such
           unwarrantable
           Examples
           alledg'd
           to
           justifie
           the
           late
           proceedings
           of
           the
           Commons
           ,
           if
           not
           to
           prove
           one
           absurdity
           by
           another
           ?
           since
           they
           can
           hardly
           think
           of
           any
           thing
           ,
           how
           wild
           and
           unreasonable
           soever
           ;
           but
           they
           may
           find
           one
           instance
           or
           another
           ,
           to
           offer
           as
           a
           Precedent
           ,
           in
           some
           of
           our
           former
           Parliaments
           .
           For
           experience
           tells
           us
           ,
           this
           
             Great
             Council
          
           ,
           much
           less
           the
           *
           meanest
           of
           the
           three
           Estates
           ,
           (
           tho'
           our
           modern
           Republicans
           wou'd
           fain
           snatch
           the
           great
           Priviledge
           of
           Infallibility
           from
           the
           
             Pope's
             Cushion
          
           ,
           and
           place
           it
           in
           the
           
             Speakers
             Chair
          
           )
           has
           not
           been
           always
           free
           from
           mistakes
           ,
           but
           is
           found
           to
           have
           often
           deviated
           from
           Justice
           ,
           Truth
           ,
           and
           Loyalty
           .
           We
           must
           therefore
           ,
           with
           Seneca
           ,
           look
           ,
           
             non
             qua●itur
             ,
             sed
             qua
             eundum
             ,
          
           not
           what
           is
           ,
           but
           what
           ought
           to
           be
           done
           ;
           and
           consider
           ,
           that
           't
           is
           not
           the
           example
           of
           frail
           men
           ,
           impos'd
           upon
           through
           ignorance
           ,
           or
           led
           by
           passion
           ,
           or
           private
           interest
           ,
           but
           the
           approv'd
           Laws
           of
           the
           Land
           ,
           ought
           to
           be
           the
           Rule
           both
           of
           the
           Magistrates
           Government
           ,
           and
           of
           the
           Subjects
           Obedience
           .
        
         
           What!
           says
           a
           factious
           Petitioner
           ,
           cannot
           the
           House
           of
           Commons
           imprison
           any
           Criminal
           ?
           Have
           they
           no
           authority
           to
           chastise
           their
           own
           Members
           ,
           or
           punish
           the
           Invaders
           of
           their
           Priviledges
           ?
           Have
           they
           not
           often
           exerciz'd
           this
           Power
           ;
           and
           is
           it
           possible
           the
           King
           and
           Lords
           wou'd
           have
           so
           long
           conniv'd
           at
           their
           proceedings
           ,
           had
           they
           been
           illegal
           or
           unjust
           ?
           Does
           not
           the
           
           House
           of
           Peers
           punish
           the
           Breakers
           of
           their
           Priviledges
           ;
           why
           then
           may
           not
           the
           House
           of
           Commons
           be
           allow'd
           to
           do
           the
           like
           ?
        
         
           These
           are
           the
           mighty
           arguments
           our
           great
           Champions
           for
           the
           House
           of
           Commons
           always
           insist
           upon
           ;
           but
           how
           weak
           and
           insignificant
           they
           are
           ,
           is
           very
           obvious
           to
           any
           ,
           tho'
           but
           meanly
           vers'd
           in
           our
           Laws
           ,
           and
           the
           constitution
           of
           our
           Government
           .
           For
           my
           part
           ,
           I
           have
           always
           been
           ,
           and
           still
           am
           ,
           as
           much
           for
           maintaining
           the
           just
           Priviledges
           of
           that
           House
           ,
           as
           any
           man
           whatsoever
           ;
           't
           is
           my
           interest
           to
           do
           it
           ,
           and
           nothing
           but
           Truth
           and
           Loyalty
           shall
           ever
           induce
           me
           to
           speak
           against
           any
           of
           their
           Pretensions
           :
           yet
           I
           must
           say
           ,
           the
           power
           they
           claim
           now-a-days
           ,
           to
           punish
           all
           sorts
           of
           misdemeanors
           ,
           and
           what
           they
           please
           to
           term
           a
           
             breach
             of
             Priviledge
          
           ,
           is
           not
           to
           be
           endur'd
           by
           any
           free-born
           Subject
           ;
           For
           ,
           besides
           that
           't
           is
           needless
           ,
           because
           such
           offences
           may
           ,
           and
           by
           Law
           ought
           to
           be
           try'd
           in
           the
           ordinary
           Courts
           of
           Justice
           ,
           't
           is
           very
           dangerous
           to
           the
           Publick
           ,
           least
           the
           
             Grand
             Inquest
          
           of
           the
           Nation
           ,
           appointed
           to
           represent
           the
           Peoples
           Grievances
           ,
           and
           pray
           redress
           ,
           shou'd
           upon
           this
           account
           be
           diverted
           from
           pursuing
           those
           weighty
           affairs
           ,
           by
           every
           sawcy
           Footman
           belonging
           to
           the
           meanest
           Burgess
           in
           their
           House
           .
        
         
           I
           confess
           ,
           it
           were
           somewhat
           tolerable
           in
           the
           Commons
           to
           imprison
           and
           punish
           their
           own
           Members
           ,
           for
           words
           by
           them
           spoken
           ,
           or
           misdemeanors
           committed
           in
           the
           House
           :
           1.
           
           Because
           by
           4
           
             H.
             8.
             c.
          
           8.
           they
           are
           not
           punishable
           elsewhere
           for
           any
           rashness
           in
           Parliament
           ,
           that
           does
           not
           amount
           to
           Treason
           Felony
           ,
           or
           breach
           of
           the
           Peace
           ,
           which
           the
           Commons
           neither
           *
           can
           ,
           nor
           I
           hope
           will
           ,
           as
           in
           Forty-One
           ,
           endeavour
           to
           protect
           .
           2ly
           .
           Because
           't
           is
           suppos'd
           ,
           the
           Members
           upon
           their
           entring
           into
           that
           Assembly
           ,
           unanimously
           agreed
           the
           lesser
           number
           shou'd
           always
           submit
           to
           the
           greater
           ,
           and
           the
           
             major
             Vote
          
           be
           observ'd
           as
           the
           Act
           and
           Sense
           of
           the
           whole
           House
           ;
           if
           therefore
           by
           consent
           and
           original
           compact
           every
           single
           Member
           submits
           himself
           to
           the
           rest
           ,
           he
           cannot
           complain
           ,
           tho'
           otherwise
           they
           had
           no
           authority
           ,
           if
           they
           imprison
           him
           for
           his
           misdemeanors
           ,
           because
           
             scienti
             &
             volenti
             non
             fit
             injuria
             ,
          
           provided
           always
           they
           exceed
           not
           the
           common
           Rules
           of
           Justice
           ,
           nor
           the
           bounds
           of
           our
           establish'd
           Laws
           ;
           for
           then
           no
           private
           Act
           can
           bind
           a
           Subject
           ,
           tho'
           made
           with
           his
           own
           free
           consent
           ;
           as
           appears
           by
           Clark's
           Case
           against
           the
           Mayor
           and
           Burgesses
           of
           St.
           
             Albans
             ;
             Coke
          
           lib.
           5.
           p.
           64.
           
           I
           cannot
           therefore
           but
           think
           the
           power
           assum'd
           of
           late
           years
           by
           the
           House
           of
           Commons
           over
           their
           fellow-Members
           ,
           to
           expel
           them
           the
           House
           ,
           when
           and
           for
           what
           they
           please
           ,
           without
           any
           legal
           Tryal
           ,
           (
           which
           the
           Lords
           never
           practic'd
           against
           any
           of
           their
           Peers
           )
           is
           in
           it self
           most
           unreasonable
           ,
           and
           of
           very
           dangerous
           consequence
           ;
           as
           Mr.
           Prynne
           ,
           tho'
           otherwise
           a
           great
           Champion
           for
           the
           Priviledges
           of
           Parliament
           ,
           proves
           at
           large
           in
           divers
           of
           his
           Treatises
           ▪
           
             The
             practice
          
           (
           saith
           he
           )
           
             of
             sequestring
             and
             expelling
          
           Commons
           
             by
             their
          
           fellow-Commons
           
             only
             ,
             is
             a
             late
             ,
             dangerous
             ,
          
           unparliamentary
           Usurpation
           ,
           
             unknown
             to
             our
             Ancestors
             ,
             destructive
             to
             the
          
           Priviledges
           and
           Freedom
           of
           Parliaments
           ,
           
             and
             injurious
             to
             those
          
           Counties
           ,
           Cities
           ,
           and
           Boroughs
           ,
           whose
           Trustees
           
             are
             secluded
             :
             the
          
           House
           of
           Commons
           
             being
             no
          
           Court
           of
           Justice
           ,
           
             to
             
             give
             either
          
           Oath
           or
           final
           Sentence
           ,
           
             and
             having
             no
             more
             authority
             to
             dismember
             their
          
           fellow-Members
           ,
           
             than
             any
          
           Judges
           ,
           Justices
           of
           the
           Peace
           ,
           or
           Committees
           ,
           
             have
             to
          
           Dis-judge
           ,
           Dis-justice
           ,
           or
           Dis-committee
           their
           fellow
           Judges
           ,
           Justices
           ,
           or
           Committee-men
           ,
           
             being
             all
             of
             equal
             Authority
             ,
             and
             made
          
           Members
           
             only
             by
             the
          
           King
           's
           Writ
           ,
           
             and
             the
          
           Peoples
           Election
           ,
           
             not
             by
             the
          
           Houses
           ,
           
             or
             other
          
           Members
           Votes
           ;
           
             who
             yet
             now
             presume
             both
             to
          
           make
           and
           unmake
           ,
           seclude
           and
           recal
           ,
           expel
           and
           restore
           their
           fellow-Members
           
             at
             their
             pleasure
             ,
             contrary
             to
             the
             practice
             and
             resolution
             of
             former
             Ages
             ,
             to
             patch
             up
             a
          
           Factious
           Conventicle
           ,
           
             instead
             of
             an
          
           English
           Parliament
           .
           In
           his
           
             legal
             Vindication
             of
             the
             Liberties
             of
          
           England
           ▪
           p.
           10.
           
        
         
           But
           whatever
           Power
           the
           Commons
           can
           pretend
           to
           have
           over
           their
           own
           Members
           ,
           to
           say
           they
           can
           lawfully
           punish
           others
           ,
           tho
           for
           a
           breach
           of
           Priviledge
           ,
           much
           less
           for
           any
           other
           Crime
           ,
           seems
           to
           me
           a
           very
           groundless
           Assertion
           ,
           not
           warrantable
           by
           the
           
             Ancient
             Law
          
           and
           
             Custom
             of
             Parliament
          
           ,
           but
           rather
           contrary
           to
           the
           
             Fundamental
             Constitutions
          
           of
           our
           Government
           :
           First
           ,
           because
           't
           is
           impossible
           to
           make
           out
           from
           whom
           this
           Power
           is
           deriv'd
           ;
           From
           the
           King
           ?
           The
           Factious
           will
           not
           own
           it
           ,
           and
           none
           can
           prove
           it
           :
           For
           they
           have
           neither
           Patent
           nor
           Statute
           to
           shew
           for
           't
           ,
           nor
           yet
           any
           
             Legal
             Prescription
          
           ,
           which
           is
           a
           constant
           immemorial
           Custom
           ,
           such
           as
           the
           Lords
           have
           in
           point
           of
           Judicature
           ,
           to
           warrant
           it
           ;
           the
           Ancientest
           President
           they
           can
           alledge
           ,
           being
           that
           of
           4
           Ed.
           6.
           or
           the
           Case
           of
           Ferrers
           referr'd
           to
           them
           by
           the
           Lords
           in
           the
           34
           H.
           8
           about
           sevenscore
           years
           ago
           .
           Do
           they
           deri●e
           it
           then
           from
           the
           People
           ,
           from
           the
           Freeholders
           and
           Freemen
           ,
           their
           Electors
           ?
           These
           have
           no
           such
           Power
           of
           themselves
           ,
           they
           can
           Imprison
           none
           without
           His
           
             Majesties
             Commission
          
           ;
           and
           what
           they
           have
           not
           ,
           sure
           they
           cannot
           give
           :
           
             Nemo
             dat
             ,
             quod
             non
             habet
             .
          
           As
           for
           the
           Power
           given
           by
           the
           Electors
           to
           their
           chosen
           Members
           ,
           who
           are
           order'd
           by
           the
           Writ
           of
           Summons
           to
           have
           from
           the
           persons
           they
           represent
           ,
           
             Plenam
             &
             sufficientem
             potestatem
          
           ,
           't
           is
           no
           Judicial
           Power
           ,
           nor
           Political
           Jurisdiction
           ,
           which
           the
           People
           have
           not
           ,
           and
           consequently
           cannot
           give
           ,
           but
           only
           a
           Power
           of
           consenting
           as
           well
           for
           their
           Principals
           ,
           as
           for
           themselves
           ,
           to
           the
           
             Kings
             Laws
             and
             Ordinances
          
           .
           And
           certainly
           ,
           if
           the
           
             King
             be
             the
             Suprem
             ,
             and
             the
             only
             Suprem
             Governour
             of
             this
             Realm
             ,
          
           as
           we
           affirm
           in
           the
           Oath
           of
           Supremacy
           ;
           and
           if
           
             all
             Authority
             and
             Jurisdiction
             Spiritual
             and
             Temporal
             be
             derived
             and
             deducted
             from
             the
             Kings
             Majesty
             ,
          
           as
           't
           is
           expresly
           declar●d
           1
           
             Ed.
             6.
             c.
             2.
             
             §
          
           3.
           
           Or
           as
           Old
           Bracton
           saith
           ,
           
             Ea
             quae
             sunt
             Jurisdictionis
             &
             pacis
             ,
             ad
             nullum
             pertinent
             nisi
             ad
             regiam
             dignitatem
             .
             lib.
             3.
             c.
          
           24.
           
           Unless
           the
           Commons
           can
           make
           out
           they
           have
           their
           Power
           from
           the
           King
           ,
           they
           can
           have
           no
           manner
           of
           Jurisdiction
           ,
           and
           by
           consequence
           cannot
           lawfully
           Punish
           or
           Imprison
           any
           Criminal
           ,
           if
           not
           perchance
           their
           own
           Members
           in
           the
           Cases
           aforesaid
           :
           Besides
           ,
           in
           the
           first
           Parliament
           of
           Queen
           Mary
           't
           is
           declar'd
           ,
           
             That
             the
             most
             Ancient
             Statutes
             of
             this
             Kingdom
             do
             give
             ,
             assign
             ,
             and
             appoint
             the
             correction
             and
             punishment
             of
             all
             Offenders
             against
             the
             Regality
             and
             Dignity
             of
             the
             Crown
             ,
             and
             the
             Laws
             of
             this
             Realm
             ,
             unto
             the
             King
          
           1
           Mar.
           Sess.
           3.
           c.
           What
           then
           are
           the
           breakers
           of
           the
           
             Commons
             Priviledges
          
           ;
           
           are
           they
           Offenders
           against
           the
           Dignity
           of
           the
           Crown
           ,
           or
           the
           Laws
           of
           the
           Realm
           ?
           If
           so
           ,
           they
           ought
           according
           to
           this
           Act
           to
           be
           punish'd
           by
           the
           King
           ;
           if
           not
           ,
           they
           are
           not
           punishable
           at
           all
           :
           for
           to
           trouble
           any
           ,
           that
           does
           not
           offend
           against
           the
           Crown
           ,
           or
           the
           Law
           of
           the
           Land
           ,
           is
           very
           
             Illegal
             and
             Arbitrary
             ,
             and
             a
             high
             breach
             of
             the
             Liberty
             of
             the
             Subject
             .
          
        
         
           
             Secondly
             ,
             because
             the
          
           Law
           
             has
             expresly
             provided
             where
             and
             how
             breaches
             of
          
           Priviledge
           
             ought
             to
             be
             punish'd
             ,
             and
             gives
             the
          
           House
           of
           Commons
           
             no
             power
             to
             take
             any
             cognizance
             of
             them
             ;
             for
             by
             several
          
           Statutes
           
             it
             appears
             ,
             that
             if
          
           a
           Parliament-man
           ,
           or
           his
           Menial-servant
           ,
           be
           Assaulted
           ,
           Beaten
           or
           Wounded
           ,
           in
           Parliament-time
           ,
           Proclamation
           shall
           be
           made
           where
           the
           deed
           is
           done
           ,
           that
           the
           Offendor
           shall
           render
           himself
           to
           the
           Kings-Bench
           within
           half
           a
           year
           after
           ,
           there
           to
           be
           tryed
           ;
           and
           if
           the
           Offendor
           will
           not
           appear
           ,
           he
           shall
           be
           Attainted
           of
           the
           Deed
           ,
           and
           pay
           to
           the
           Party
           griev'd
           his
           double
           Damages
           ,
           to
           be
           tax'd
           by
           the
           discretion
           of
           the
           Judges
           of
           the
           said
           Bench
           for
           the
           time
           being
           ,
           or
           by
           Inquest
           ,
           if
           need
           be
           ,
           and
           also
           make
           Fine
           and
           Ransom
           at
           the
           Kings
           will.
           Moreover
           ,
           it
           is
           accorded
           in
           the
           same
           Parliamenti
           ,
           that
           likewise
           it
           be
           done
           in
           time
           to
           come
           in
           like
           Case
           ,
           5
           
             H.
             4.
             c.
             6.
             and
             11
             H.
             6.
             c.
          
           11.
           
        
         
           As
           for
           the
           Commons
           freedom
           from
           
             Arrests
             ▪
          
           't
           is
           certainly
           a
           very
           Ancient
           Priviledge
           ,
           granted
           by
           our
           Kings
           to
           that
           House
           ,
           the
           better
           to
           enable
           them
           to
           attend
           the
           publick
           service
           ,
           to
           which
           they
           were
           summon'd
           ;
           as
           appears
           by
           Edward
           the
           first
           's
           Answer
           to
           the
           Templars
           ,
           who
           having
           some
           Tenants
           in
           the
           Parliament
           ,
           that
           were
           behind
           with
           their
           Rents
           ,
           Petition'd
           the
           King
           to
           have
           leave
           to
           Distrain
           for
           the
           said
           Arrears
           in
           Parliament-time
           ;
           which
           he
           utterly
           refus'd
           ,
           saying
           ,
           
             Non
             videtur
             honestum
             quod
             Rex
             concedat
             quod
             illi
             de
             Consilio
             suo
             distring
             antur
             tempore
             Parliament
             .
          
           18
           Ed.
           1.
           
           Rot.
           7.
           in
           Thesaur
           .
           Receptoris
           Scaccar
           .
           Yet
           that
           it
           was
           not
           formerly
           held
           so
           sacred
           ,
           nor
           did
           extend
           near
           so
           far
           ,
           as
           some
           people
           now
           imagine
           ,
           is
           plain
           from
           the
           Case
           of
           
             Thorpe
             31
             H.
          
           6.
           
           Who
           ,
           tho
           Speaker
           of
           the
           House
           of
           Commons
           at
           that
           time
           ,
           was
           Imprison'd
           in
           the
           Fleet
           during
           the
           Prorogation
           of
           the
           Parliament
           ,
           for
           a
           1000.
           
           Marks
           Damages
           given
           against
           him
           for
           a
           Trespass
           done
           to
           the
           Duke
           of
           York
           .
           And
           the
           Parliament
           being
           Re-assembled
           ,
           the
           Commons
           earnestly
           desir'd
           to
           have
           their
           Speaker
           discharg'd
           ,
           but
           it
           was
           adjudg'd
           by
           the
           Lords
           ,
           that
           he
           shou'd
           remain
           in
           Prison
           according
           to
           his
           Sentence
           ,
           and
           they
           choose
           another
           Speaker
           :
           whereupon
           they
           elected
           Sir
           
             Thomas
             Charlton
          
           ,
           and
           made
           no
           further
           clamours
           ,
           as
           some
           now
           wou'd
           do
           ,
           that
           their
           Priviledges
           were
           invaded
           ,
           31
           
             H.
             6
             Rot.
             Parliam
             .
             n.
             25
             ,
             26
             ,
             &c.
             Seldens
             Baronage
             fol.
          
           115.
           
        
         
           Now
           for
           the
           Tryal
           of
           a
           breach
           of
           this
           Priviledge
           ,
           tho
           I
           find
           no
           positive
           or
           express
           Statute
           ,
           that
           orders
           it
           to
           be
           decided
           in
           the
           ordinary
           Courts
           of
           Justice
           ,
           yet
           that
           they
           may
           lawfully
           do
           it
           ,
           is
           a
           plain
           consequence
           of
           the
           foregoing
           Acts
           of
           Parliament
           :
           For
           to
           argue
           a
           
             majori
             ad
             minus
          
           ,
           since
           Assaults
           upon
           Parliament-men
           are
           far
           more
           Criminal
           than
           Arrests
           ,
           if
           the
           ordinary
           Courts
           of
           Justice
           can
           try
           the
           greater
           ,
           they
           may
           certainly
           try
           the
           lesser
           Crime
           .
           And
           accordingly
           they
           have
           often
           taken
           cognizance
           as
           well
           of
           this
           as
           other
           Priviledges
           of
           Parliament
           ;
           as
           appears
           in
           the
           Case
           of
           Done
           against
           
           *
           Welsh
           ,
           and
           of
           *
           River
           against
           Cosyn
           ,
           *
           Skewish
           against
           Trewynnard
           ,
           and
           many
           others
           .
           But
           the
           most
           usual
           practice
           of
           former
           times
           was
           ,
           to
           make
           application
           to
           the
           King
           and
           Lords
           for
           redress
           in
           this
           particular
           ,
           for
           as
           Sir
           
             Edward
             Coke
          
           himself
           confesses
           ,
           
             The
             determination
             and
             knowledge
             of
             this
             Priviledge
             belongs
             to
             the
             Lords
             of
             Parliament
             ,
          
           in
           his
           
             select
             Cases
          
           63.
           
           And
           therefore
           the
           House
           of
           Commons
           ,
           upon
           the
           restraint
           of
           any
           of
           their
           Members
           or
           Menial
           Servants
           ,
           of
           which
           themselves
           took
           no
           cognizance
           till
           of
           very
           late
           days
           ,
           always
           made
           their
           humble
           request
           to
           the
           King
           and
           Lords
           for
           his
           enlargement
           .
           Thus
           when
           
             William
             Lake
          
           Servant
           to
           
             William
             Milred
          
           ,
           a
           Member
           of
           the
           House
           ,
           was
           taken
           in
           Execution
           of
           Debt
           ,
           and
           Committed
           to
           the
           Fleet
           ,
           the
           *
           Commons
           Petition'd
           the
           King
           and
           Lords
           for
           his
           Liberty
           .
           The
           like
           they
           did
           in
           Walter
           *
           Clarks
           Case
           ;
           and
           in
           the
           Case
           of
           William
           *
           Hide
           :
           And
           to
           omit
           several
           other
           Precedents
           ,
           even
           in
           the
           43
           Eliz.
           when
           a
           Bill
           was
           preferr'd
           in
           the
           Star-Chamber
           against
           Belgrave
           a
           Member
           of
           that
           House
           ,
           the
           Parliament
           then
           sitting
           ,
           for
           Misdemeanors
           by
           him
           committed
           against
           the
           Earl
           of
           Huntington
           ;
           the
           Commons
           well
           knowing
           they
           had
           no
           Authority
           of
           themselves
           to
           protect
           their
           Member
           ,
           made
           their
           earnest
           ,
           but
           ineffectual
           ,
           Application
           to
           the
           Lords
           for
           relief
           .
           Sir
           
             Simon
             D'
             Ewes
          
           Journals
           p.
           612
           And
           in
           the
           same
           Parliament
           a
           great
           asserter
           of
           Priviledges
           ,
           upon
           a
           debate
           about
           
           Subpaena's
           ,
           said
           openly
           in
           the
           House
           ,
           
             Our
             use
             at
             this
             day
             is
             not
             warranted
             by
             Ancient
             course
             of
             Precedents
             ;
             for
             if
             a
             man
             had
             been
             Arrested
             upon
             a
             Subpaena
             ,
             upon
             notice
             given
             ,
             he
             shou'd
             have
             had
             a
             Writ
             of
             Priviledge
             ,
             which
             of
             course
             Her
             Majesty
             must
             have
             allow'd
             :
             D'ewes
          
           Journals
           pag.
           655.
           which
           is
           conformable
           to
           the
           Report
           made
           18
           Eliz.
           by
           Mr.
           Attourney
           of
           the
           Dutchy
           upon
           a
           Committee
           appointed
           for
           setting
           Mr.
           Halls
           man
           at
           Liberty
           ;
           
             That
             the
             Committee
             found
             no
             Precedent
             for
             setting
             at
             large
             by
             the
             Mace
             any
             person
             in
             Arrest
             ,
             but
             only
             by
          
           *
           Writ
           ;
           
             and
             that
             by
             divers
             Precedents
             of
             Records
             perus'd
             by
             the
             said
             Committee
             ,
             it
             appeareth
             that
             every
             Knight
             ,
             Citizen
             or
             Burgess
             ,
             which
             doth
             require
             Priviledge
             ,
             hath
             us'd
             in
             that
             Case
             to
             take
             a
             Corporal
             Oath
             before
             the
          
           Lord
           Chancellor
           or
           Lord
           Keeper
           ,
           
             that
             the
             Party
             for
             whom
             such
             Writ
             is
             pray'd
             ,
             came
             up
             with
             him
             ,
             and
             was
             his
             Servant
             at
             the
             time
             of
             the
             Arrest
             made
             ,
          
           D'ewes
           p.
           249.
           
        
         
           The
           famous
           Case
           of
           
             Ferrers
             ,
             Burgess
          
           of
           
             Plimouth
             34
             H.
          
           8.
           tho
           often
           alleadg'd
           in
           favour
           of
           the
           Commons
           ,
           is
           so
           far
           from
           making
           any
           thing
           for
           their
           purpose
           ,
           that
           it
           plainly
           shews
           they
           never
           offer'd
           till
           then
           to
           punish
           any
           breach
           of
           Priviledge
           ,
           for
           altho
           they
           found
           ,
           not
           only
           that
           the
           Sheriffs
           of
           London
           deny'd
           to
           deliver
           their
           Burgess
           ,
           but
           that
           the
           Officers
           of
           the
           Counter
           beat
           their
           Serjeant
           and
           broke
           his
           Mace
           ;
           yet
           knowing
           they
           had
           no
           coactive
           Power
           of
           themselves
           ,
           they
           were
           forc'd
           to
           repair
           to
           the
           upper
           House
           ,
           
           (
           which
           they
           wou'd
           never
           have
           done
           ,
           had
           their
           own
           Authority
           been
           sufficient
           )
           and
           complain
           to
           the
           Lords
           of
           the
           injury
           they
           receiv'd
           ;
           who
           judging
           the
           contempt
           to
           be
           very
           high
           ,
           for
           the
           Commons
           greater
           satisfaction
           referr'd
           the
           punishment
           thereof
           wholly
           to
           themselves
           :
           which
           condescension
           ,
           it
           seems
           ,
           gave
           such
           encouragement
           to
           that
           House
           ,
           in
           succeeding
           Parliaments
           ,
           who
           have
           been
           always
           sure
           never
           to
           loose
           ,
           but
           still
           to
           gain
           ground
           upon
           the
           Prerogative
           and
           the
           House
           of
           Peers
           ,
           that
           now
           and
           then
           they
           made
           bold
           ,
           even
           without
           any
           Warrant
           or
           direction
           from
           the
           Lords
           ,
           to
           punish
           some
           breaches
           of
           Priviledge
           ,
           and
           at
           last
           other
           misdemeanors
           .
           For
           King
           Edward
           the
           sixth
           ,
           because
           of
           his
           Minority
           ,
           and
           his
           two
           Sisters
           by
           reason
           of
           their
           Sex
           ,
           being
           not
           so
           active
           ,
           nor
           so
           fit
           for
           business
           ,
           as
           their
           Predecessors
           ,
           the
           Commons
           took
           hold
           on
           this
           opportunity
           to
           get
           themselves
           into
           Power
           ,
           and
           endeavour'd
           by
           punishing
           Offenders
           to
           render
           themselves
           the
           more
           formidable
           to
           the
           People
           .
        
         
           From
           hence
           they
           proceeded
           to
           regulate
           Elections
           ,
           and
           tho
           the
           Law
           is
           very
           plain
           and
           positive
           in
           this
           Case
           also
           ;
           yet
           the
           Commons
           have
           taken
           upon
           them
           of
           late
           days
           ,
           not
           only
           to
           decide
           who
           is
           duely
           chosen
           ,
           and
           who
           unduly
           return'd
           ;
           but
           have
           further
           assum'd
           the
           Power
           to
           punish
           the
           Offenders
           ,
           contrary
           to
           divers
           Acts
           of
           Parliament
           in
           that
           Case
           provided
           :
           For
           by
           several
           Statutes
           it
           appears
           ,
           
             That
             if
             the
          
           Sheriff
           
             makes
             an
             undue
             Return
             ,
             his
             punishment
             is
          
           200
           l.
           
             one
             to
             the
             King
             ,
             and
             the
             other
             to
             the
             party
             duely
             Elected
             ;
             besides
             a
             years
             Imprisonment
             without
             Bail
             or
             Mainprise
             :
             And
             the
             person
             unduely
             return'd
             is
             to
             continue
             a
             Member
             of
             the
             House
             ,
             but
             at
             his
             own
             Charges
             ,
             without
             any
             allowance
             from
             the
             place
             ,
             for
             which
             he
             serves
             .
          
           As
           for
           the
           return
           ,
           if
           any
           makes
           complaint
           thereof
           ,
           
             It
             ought
             to
             be
             tryed
             ,
             not
             by
             a
             Committee
             of
             Elections
             ,
             but
             before
             the
             Justices
             of
             Assizes
             in
             the
             proper
             County
             ,
             or
             by
             Action
             of
             Debt
             in
             any
             Court
             of
             Record
          
           ;
           as
           appears
           11
           
             H.
             4.
             c.
          
           1.
           and
           8
           
             H.
             6.
             c.
          
           7.
           and
           23
           
             H.
             6.
             c.
          
           15.
           
           These
           are
           the
           Laws
           for
           regulating
           Elections
           ,
           and
           pursuant
           to
           them
           Queen
           Elizabeth
           ,
           in
           whose
           time
           the
           Commons
           busi'd
           themselves
           too
           much
           in
           that
           matter
           ,
           sent
           a
           notable
           check
           to
           the
           House
           in
           the
           28
           year
           of
           her
           Reign
           ,
           for
           their
           medling
           with
           choosing
           and
           returning
           Knights
           of
           the
           Shire
           for
           
             Norfolk
             ;
             a
             thing
          
           (
           said
           she
           )
           
             impertinent
             for
             the
             House
             to
             deal
             withall
             ,
             and
             only
             belonging
             to
             the
             Office
             and
             charge
             of
             the
             Lord
             Chancellor
             ,
             from
             whom
             the
             Writs
             Issue
             and
             are
             return'd
             ,
          
           D'ewes
           Journal
           ,
           p.
           393.
           
           Which
           Message
           wrought
           then
           so
           far
           upon
           the
           House
           ,
           that
           for
           some
           years
           after
           they
           forbore
           to
           medle
           much
           in
           any
           thing
           of
           that
           nature
           ,
           but
           apply'd
           themselves
           ,
           when
           occasion
           requir'd
           ,
           to
           the
           
             Lord
             Chancellor
          
           or
           Keeper
           ,
           who
           proceeded
           therein
           as
           the
           Law
           directed
           ,
           without
           taking
           any
           great
           notice
           of
           the
           
             Commons
             Votes
          
           or
           Resolves
           ;
           as
           we
           find
           by
           a
           remarkable
           Instance
           in
           the
           35
           of
           this
           Queen
           ,
           when
           Sir
           
             Edward
             Coke
          
           then
           Speaker
           ,
           was
           order'd
           by
           the
           House
           to
           attend
           upon
           my
           
             Lord
             Keeper
          
           ,
           to
           move
           his
           Lordship
           to
           direct
           a
           New
           Writ
           for
           choosing
           a
           Burgess
           for
           Southwark
           instead
           of
           
             Richard
             Hutton
          
           ,
           suppos'd
           to
           have
           been
           unduly
           elected
           ;
           and
           another
           for
           allowing
           Sir
           
             George
             Carew
          
           ,
           who
           was
           duely
           elected
           ,
           but
           not
           return'd
           ,
           to
           be
           Burgess
           for
           Camelsford
           in
           Cornwall
           ;
           and
           a
           
           third
           for
           changing
           the
           name
           of
           
             John
             Dudley
          
           ,
           return'd
           Burgess
           for
           New-Town
           in
           the
           County
           of
           Southampton
           ,
           into
           the
           Name
           of
           
             Thomas
             Dudley
          
           ,
           alleadg'd
           to
           be
           the
           same
           person
           ,
           but
           his
           Name
           mistaken
           .
           
             My
             Lord
             Keeper
          
           answer'd
           ,
           that
           the
           Returns
           for
           Southwark
           and
           Camelsford
           shou'd
           stand
           good
           ,
           but
           as
           for
           the
           said
           
             John
             Dudley
          
           ,
           he
           wou'd
           direct
           a
           new
           Writ
           for
           choosing
           another
           Burgess
           in
           his
           stead
           for
           
             Newtown
             ,
             D'ewes
          
           Journals
           ,
           p.
           494.
           
           Now
           if
           this
           was
           the
           legal
           way
           of
           Proceeding
           in
           Queen
           
           Elizabeth's
           Reign
           ,
           warranted
           by
           the
           Statutes
           lately
           quoted
           ,
           and
           allow'd
           by
           the
           great
           Lawyer
           Sir
           
             Edward
             Coke
          
           ,
           and
           the
           whole
           House
           of
           Commons
           at
           that
           time
           ,
           by
           what
           Authority
           cou'd
           it
           be
           alter'd
           in
           succeeding
           Parliaments
           ?
           or
           is
           it
           just
           that
           the
           Ancient
           Precedents
           of
           former
           Ages
           shou'd
           be
           avoided
           by
           unwarrantable
           new-ones
           of
           later
           times
           ?
           Without
           question
           ,
           had
           the
           House
           of
           Commons
           then
           known
           ,
           they
           had
           any
           Power
           to
           mend
           the
           said
           Returns
           ,
           or
           punish
           the
           Offendors
           ,
           they
           wou'd
           never
           have
           sent
           their
           Speaker
           to
           wait
           on
           the
           Lord
           Keeper's
           pleasure
           about
           it
           ;
           and
           if
           that
           House
           had
           no
           such
           Authority
           ,
           't
           is
           strange
           how
           can
           their
           Successors
           pretend
           to
           have
           any
           .
        
         
           Thus
           we
           see
           the
           House
           of
           Commons
           was
           not
           in
           former
           times
           allow'd
           to
           regulate
           the
           Election
           of
           their
           own
           Members
           ,
           nor
           to
           Imprison
           any
           for
           undue
           Elections
           or
           Returns
           ,
           nor
           yet
           for
           a
           breach
           of
           Priviledge
           ,
           much
           less
           for
           any
           other
           Crime
           or
           Misdemeanor
           .
           Nothing
           was
           heard
           in
           those
           better
           days
           of
           that
           terrible
           Sentence
           ,
           
             Take
             him
          
           Topham
           ;
           not
           a
           word
           of
           the
           Subjects
           Imprisonment
           
             during
             the
             Will
             and
             Pleasure
             of
             the
             House
             of
             Commons
             .
          
           The
           sitting
           of
           Parliaments
           then
           was
           *
           short
           and
           sweet
           ,
           dispatching
           more
           business
           in
           three
           days
           ,
           than
           of
           late
           they
           have
           done
           in
           so
           many
           months
           .
           Their
           Study
           was
           ,
           to
           Redress
           ,
           not
           Create
           Grievances
           ,
           and
           preserve
           or
           procure
           a
           good
           understanding
           betwixt
           the
           King
           and
           His
           People
           ;
           and
           not
           like
           Banbury-Tinkers
           ,
           instead
           of
           mending
           one
           hole
           ,
           make
           a
           great
           many
           .
        
         
           Oh!
           but
           (
           say
           some
           )
           the
           Connivance
           of
           King
           and
           Lords
           is
           a
           strong
           Argument
           that
           the
           Commons
           have
           done
           nothing
           herein
           contrary
           to
           Law.
           I
           Answer
           ,
           't
           is
           rather
           a
           very
           weak
           and
           frivolous
           Plea
           ;
           first
           ,
           because
           tho
           the
           King
           be
           oblig'd
           by
           His
           Coronation-Oath
           to
           govern
           by
           Law
           ,
           yet
           all
           knowing
           men
           will
           allow
           He
           has
           a
           Prudential
           Power
           to
           suspend
           the
           Execution
           of
           such
           Laws
           ,
           as
           he
           thinks
           prejudicial
           to
           the
           publick
           Interest
           ;
           and
           consequently
           may
           ,
           when
           he
           sees
           occasion
           ,
           wink
           at
           some
           illegal
           attempts
           of
           His
           Subjects
           ,
           to
           avoid
           a
           great
           Inconvenience
           .
           If
           thefore
           of
           late
           times
           the
           King
           ,
           and
           if
           you
           will
           ,
           the
           House
           of
           Lords
           ,
           did
           connive
           at
           some
           unwarrantable
           resolutions
           of
           the
           Commons
           ,
           rather
           than
           exasperate
           the
           whole
           House
           ,
           too
           Jealous
           of
           their
           own
           Priviledges
           ,
           and
           thereby
           frustrate
           the
           chief
           end
           of
           Calling
           His
           Parliament
           ,
           the
           Security
           of
           the
           Publick
           ;
           it
           was
           Policy
           and
           great
           Prudence
           to
           wave
           it
           at
           that
           time
           ,
           tho
           now
           't
           is
           the
           height
           of
           Folly
           to
           make
           this
           a
           warrant
           for
           doing
           the
           like
           again
           ,
           contrary
           to
           so
           many
           legal
           Presidents
           ,
           and
           express
           Acts
           of
           Parliament
           .
           Secondly
           ,
           because
           the
           gathering
           of
           Peter-pence
           in
           this
           Kingdom
           ,
           has
           been
           conniv'd
           at
           by
           
             King
             ,
             
             Lords
          
           and
           Commons
           ,
           for
           divers
           Centuries
           of
           years
           ;
           yet
           it
           was
           an
           
             Illegal
             Tax
          
           upon
           the
           Subject
           ,
           contrary
           to
           
             Magna
             Charta
          
           and
           the
           
             Fundamental
             Laws
          
           of
           the
           
             Nation
             ,
             25
             H.
             8.
             c.
          
           21.
           
           Likewise
           the
           Clergy
           made
           divers
           Canons
           and
           Constitutions
           ,
           which
           have
           been
           conniv'd
           at
           for
           several
           Ages
           both
           by
           King
           and
           Parliament
           ;
           yet
           are
           declar'd
           by
           25
           
             H.
             8.
             c.
             19
             To
             be
             much
             prejudicial
             to
             the
             Kings
             Prerogative
             Royal
             ,
             and
             repugnant
             to
             the
             Laws
             and
             Statutes
             of
             this
             Realm
             .
          
           The
           same
           may
           be
           said
           of
           the
           Ancient
           Custom
           of
           Archbishops
           and
           Bishops
           ,
           declar'd
           by
           1
           
             Ed.
             6.
             c.
          
           2.
           to
           be
           contrary
           to
           the
           Common-Law
           of
           of
           the
           Land
           ,
           tho
           practic'd
           and
           conniv'd
           at
           ,
           time
           out
           of
           mind
           .
           And
           to
           omit
           several
           other
           Instances
           ,
           Cardinal
           Wolsey
           for
           exercising
           his
           Legantine
           Power
           ,
           and
           the
           whole
           Clergy
           for
           receiving
           it
           ,
           tho
           conniv'd
           at
           for
           many
           years
           as
           well
           in
           as
           out
           of
           Parliament
           ,
           were
           nevertheless
           found
           guilty
           in
           a
           Premunire
           in
           His
           Majesties
           Court
           of
           Kings-Bench
           .
           Connivance
           therefore
           is
           no
           good
           Argument
           of
           any
           things
           being
           legal
           ,
           and
           the
           tolerating
           of
           a
           Custom
           ,
           tho
           never
           so
           long
           ,
           cannot
           warrant
           its
           continuance
           ,
           while
           the
           Law
           is
           against
           it
           .
           Presidents
           indeed
           of
           former
           Ages
           ,
           when
           legal
           and
           just
           from
           the
           beginning
           ,
           are
           of
           great
           force
           in
           Judicial
           Proceedings
           ;
           but
           no
           new
           President
           of
           late
           days
           can
           have
           that
           weight
           in
           any
           Court
           of
           Justice
           ,
           and
           to
           be
           sure
           will
           never
           be
           allow'd
           ,
           if
           contrary
           to
           Law
           and
           the
           Authentick
           Records
           of
           Antiquity
           .
        
         
           But
           the
           House
           of
           Lords
           (
           say
           they
           )
           use
           to
           punish
           the
           Breaches
           of
           their
           Priviledges
           ,
           and
           several
           other
           Misdemeanors
           ;
           why
           then
           may
           not
           the
           House
           of
           Commons
           do
           the
           like
           ?
           A
           most
           ridiculous
           parity
           ;
           for
           they
           might
           argue
           as
           well
           ,
           the
           Court
           of
           Kings-Bench
           Fines
           and
           Imprisons
           Delinquents
           ,
           therefore
           the
           Grand-Jury
           may
           do
           the
           like
           when
           they
           please
           .
           For
           the
           Commons
           in
           Parliament
           are
           really
           the
           Grand-Jury
           of
           the
           Nation
           ,
           appointed
           to
           enquire
           after
           Briberyes
           ,
           Extortions
           ,
           Monopolies
           ,
           and
           other
           publick
           Oppressions
           ,
           and
           complain
           thereof
           to
           the
           King
           and
           Lords
           ,
           and
           humbly
           pray
           redress
           ;
           yet
           they
           are
           no
           Judges
           in
           any
           Case
           themselves
           ,
           but
           are
           *
           Parties
           ,
           as
           being
           the
           Attorneys
           and
           Representatives
           of
           those
           that
           are
           injur'd
           .
           So
           far
           they
           are
           from
           having
           any
           Judicial
           Power
           ,
           that
           they
           cannot
           as
           much
           as
           administer
           an
           Oath
           upon
           any
           occasion
           whatsoever
           ;
           which
           undoubtedly
           the
           Law
           wou'd
           not
           have
           deny'd
           them
           ,
           but
           that
           they
           were
           never
           design'd
           for
           *
           Judges
           or
           punishers
           of
           any
           Criminal
           ;
           because
           
             qui
             negat
             Medium
             ,
             negat
             &
             finem
             .
          
           But
           the
           House
           of
           Lords
           is
           not
           only
           a
           Court
           of
           Judicature
           ,
           but
           the
           
             Supream
             Court
          
           of
           the
           whole
           Kingdom
           ;
           they
           are
           look'd
           upon
           by
           our
           Laws
           as
           persons
           of
           no
           less
           Integrity
           ,
           than
           Honour
           ,
           in
           the
           distribution
           of
           Justice
           ;
           and
           besides
           ,
           are
           assisted
           by
           all
           the
           Judges
           of
           England
           ,
           by
           the
           12
           Masters
           of
           Chancery
           ,
           by
           the
           Kings
           Learned
           Council
           ,
           and
           by
           His
           Attorney
           and
           
             Solicitor
             General
          
           ;
           in
           consideration
           whereof
           the
           same
           Laws
           have
           repos'd
           that
           extraordinary
           trust
           in
           this
           
             August
             Assembly
          
           ,
           that
           to
           them
           
           alone
           it
           belongs
           to
           redress
           delays
           ,
           and
           reform
           the
           erroneous
           Judgments
           of
           other
           Courts
           of
           Justice
           ,
           and
           give
           a
           final
           decision
           to
           all
           manner
           of
           Appeals
           .
           Now
           by
           the
           Laws
           of
           other
           Nations
           ,
           as
           well
           as
           ours
           ,
           't
           is
           the
           nature
           of
           Superior
           Courts
           ,
           that
           they
           may
           determine
           matters
           tryable
           by
           an
           Inferior
           ;
           and
           therefore
           it
           must
           be
           allow'd
           ,
           that
           tho
           the
           House
           of
           Commons
           cannot
           ,
           because
           no
           Court
           of
           Judicature
           ,
           yet
           the
           House
           of
           Lords
           ,
           the
           
             dernier
             resort
          
           of
           all
           Suits
           and
           Actions
           ,
           may
           ,
           if
           they
           please
           ,
           punish
           the
           Invaders
           of
           their
           Priviledges
           ,
           notwithstanding
           that
           the
           Law
           directs
           them
           to
           be
           try'd
           in
           Inferiour
           Courts
           .
        
         
           Having
           thus
           sufficiently
           demonstrated
           ,
           that
           the
           House
           of
           Commons
           have
           neither
           Common
           nor
           Statute-Law
           ,
           nor
           yet
           any
           legal
           Precedents
           to
           warrant
           their
           Fining
           or
           Imprisoning
           the
           meanest
           of
           their
           Fellow-subjects
           ,
           't
           is
           high
           time
           ,
           I
           think
           ,
           tho
           a
           great
           deal
           more
           might
           be
           said
           on
           this
           subject
           very
           useful
           to
           be
           known
           ,
           to
           give
           you
           a
           brief
           account
           of
           other
           Particulars
           ,
           and
           examine
           whether
           the
           Remedies
           propos'd
           in
           Parliament
           by
           our
           late
           Mountebanks
           of
           State
           be
           not
           equally
           dangerous
           ,
           if
           not
           really
           worse
           ,
           than
           our
           Disease
           .
           But
           to
           expose
           the
           designs
           of
           some
           ill
           men
           there
           ,
           and
           the
           unwarrantable
           Votes
           and
           Resolves
           they
           got
           pass'd
           in
           the
           
             Lower
             House
          
           ,
           is
           a
           task
           no
           less
           tedious
           than
           difficult
           for
           me
           to
           undertake
           .
           I
           will
           therefore
           tell
           you
           in
           short
           ,
           that
           notwithstanding
           all
           the
           noise
           and
           clamour
           they
           made
           about
           the
           
             Protestant
             Religion
          
           and
           the
           Liberty
           of
           the
           Subject
           ,
           the
           Nation
           had
           too
           much
           reason
           to
           believe
           ,
           they
           minded
           more
           their
           own
           ends
           ,
           than
           the
           common
           good
           of
           the
           People
           .
           The
           Kings
           best
           Subjects
           ,
           who
           having
           so
           many
           years
           experience
           of
           His
           Majesties
           most
           happy
           Government
           ,
           declar'd
           themselves
           satisfi'd
           with
           His
           prudent
           management
           of
           Affairs
           ,
           and
           in
           Obedience
           to
           His
           
             Royal
             Proclamation
          
           ,
           express'd
           their
           aversion
           to
           all
           
             Tumultuous
             Petitions
          
           ,
           were
           no
           more
           run
           down
           on
           the
           one
           side
           ,
           than
           the
           
             Factious
             Fanaticks
          
           ,
           even
           such
           as
           signaliz'd
           themselves
           in
           the
           late
           Rebellion
           ,
           were
           countenanc'd
           and
           favour'd
           on
           the
           other
           ;
           insomuch
           that
           many
           were
           of
           opinion
           ,
           people
           had
           no
           surer
           way
           to
           ingratiate
           themselves
           with
           some
           of
           the
           
             Leading
             Memberr
          
           ,
           than
           openly
           to
           asperse
           the
           Government
           ,
           and
           reflect
           upon
           the
           King
           and
           His
           Ministers
           as
           Favorers
           of
           Popery
           ,
           and
           Designers
           of
           
             Arbitrary
             Power
          
           .
           'T
           is
           almost
           incredible
           what
           pains
           they
           took
           to
           get
           the
           Notorious
           
             Anabaptist
             Ben.
             Harris
          
           discharg'd
           out
           of
           Prison
           ,
           for
           no
           other
           reason
           that
           I
           find
           ,
           but
           because
           a
           Dissenter
           ,
           who
           with
           a
           great
           deal
           of
           favour
           was
           condemn'd
           only
           to
           the
           Pillory
           instead
           of
           Tyburn
           ,
           for
           publishing
           that
           
             Treasonable
             Pamphlet
             ,
             The
             Appeal
          
           .
           Neither
           is
           this
           all
           ;
           the
           main
           Bulwark
           of
           our
           Church
           must
           be
           broke
           down
           ,
           the
           Penal
           Laws
           against
           the
           Non-conformists
           Repeal'd
           ,
           to
           let
           in
           a
           Deluge
           of
           Sectaries
           ,
           the
           scandal
           of
           the
           Reformation
           ,
           who
           have
           nothing
           of
           Christianity
           but
           the
           Name
           ,
           to
           Profane
           the
           Temple
           of
           God
           :
           And
           because
           this
           Project
           luckily
           miscarry'd
           ,
           their
           Friends
           in
           the
           House
           endeavour'd
           to
           leave
           them
           a
           new
           kind
           of
           Dispensation
           ,
           and
           the
           very
           last
           *
           day
           of
           their
           sitting
           ,
           that
           with
           their
           dying
           breath
           they
           might
           testify
           to
           the
           World
           their
           great
           zeal
           for
           the
           Dissenters
           in
           general
           ,
           of
           what
           sect
           or
           perswasion
           soever
           ,
           to
           the
           admiration
           of
           most
           men
           ,
           they
           pass'd
           the
           following
           Vote
           .
        
         
         
           Resolved
           ,
           That
           it
           is
           the
           Opinion
           of
           this
           House
           ,
           that
           the
           Prosecution
           of
           
             Protestant
             Dissenters
          
           upon
           the
           Penal
           Laws
           ,
           is
           at
           this
           time
           grievous
           to
           the
           Subject
           ,
           a
           weakening
           of
           the
           Protestant
           Interest
           ,
           an
           encouragement
           to
           Popery
           ,
           and
           dangerous
           to
           the
           Peace
           of
           the
           Kingdom
           .
        
         
           I
           need
           not
           comment
           upon
           this
           
             unwarrantable
             Resolve
          
           ,
           by
           which
           our
           worthy
           Patriots
           ,
           even
           without
           the
           King
           and
           House
           of
           Lords
           ,
           once
           more
           were
           pleas'd
           to
           assume
           to
           themselves
           a
           Power
           of
           suspending
           ,
           and
           consequently
           of
           making
           ,
           Acts
           of
           Parliament
           .
           The
           encouragement
           this
           gave
           to
           the
           Republicans
           to
           pursue
           their
           wicked
           Designs
           against
           the
           Crown
           and
           the
           Church
           ,
           like
           to
           have
           prov'd
           fatal
           to
           both
           ,
           is
           enough
           to
           convince
           the
           World
           ,
           they
           cou'd
           hardly
           do
           the
           Nation
           a
           greater
           mischief
           ;
           and
           that
           their
           confining
           several
           Gentlemen
           ,
           tho
           contrary
           to
           Law
           and
           Reason
           ,
           was
           not
           near
           so
           dangerous
           to
           the
           Government
           ,
           as
           their
           breaking
           down
           the
           Rails
           of
           the
           Church
           ,
           to
           let
           a
           swarm
           of
           Sectaries
           creep
           in
           at
           the
           Windows
           .
        
         
           It
           was
           observ'd
           with
           some
           admiration
           ,
           how
           during
           this
           Session
           of
           Parliament
           ,
           there
           was
           not
           one
           Fanatick
           Imprison'd
           ,
           nor
           so
           much
           as
           question'd
           by
           the
           Commons
           for
           any
           Crime
           or
           Insolence
           whatsoever
           ,
           very
           few
           Papists
           molested
           ;
           but
           the
           true
           Sons
           of
           the
           Church
           of
           England
           daily
           Prosecuted
           in
           vast
           numbers
           ,
           to
           their
           great
           loss
           and
           vexation
           ,
           tho
           it
           prov'd
           at
           last
           the
           eternal
           shame
           and
           confusion
           of
           the
           Authors
           .
        
         
           I
           cou'd
           not
           but
           smile
           to
           see
           the
           perplexity
           they
           were
           in
           ,
           when
           one
           of
           the
           Judges
           ,
           to
           his
           never-dying
           fame
           ,
           for
           giving
           the
           first
           Precedent
           of
           that
           kind
           ,
           made
           application
           to
           the
           House
           of
           Commons
           about
           the
           Execution
           of
           his
           Trust
           ,
           and
           desir'd
           their
           Opinion
           whether
           he
           shou'd
           do
           Justice
           to
           one
           of
           their
           Prisoners
           ,
           by
           granting
           the
           Writ
           of
           
             Habeas
             Corpus
          
           to
           Mr.
           Sheridan
           ,
           then
           in
           the
           Custody
           of
           Serjeant
           Topham
           .
           Three
           several
           days
           the
           Case
           was
           stifly
           debated
           in
           the
           House
           ,
           the
           Act
           read
           twice
           or
           thrice
           over
           ,
           and
           yet
           no
           resolution
           taken
           .
           The
           Warrant
           of
           Committment
           ,
           which
           order'd
           the
           Gentleman
           to
           be
           confin'd
           ,
           without
           any
           Cause
           shown
           ,
           
             During
             the
             Will
             and
             Pleasure
             of
             the
          
           House
           of
           Commons
           ,
           was
           look'd
           upon
           so
           Illegal
           and
           Arbitrary
           a
           Procedure
           ,
           even
           by
           several
           Members
           of
           the
           House
           ,
           that
           Serjeant
           M.
           till
           he
           heard
           it
           was
           already
           made
           publick
           ,
           wou'd
           have
           them
           immediately
           recal
           the
           Old
           ,
           and
           grant
           a
           New
           Warrant
           more
           conformable
           to
           Law.
           Besides
           ,
           the
           words
           of
           the
           Statute
           were
           so
           full
           ,
           as
           admitted
           of
           no
           Comment
           ,
           and
           so
           plain
           for
           the
           Liberty
           of
           the
           Subject
           ,
           as
           made
           it
           undenyable
           ,
           that
           Prisoners
           ,
           unless
           for
           Treason
           or
           Felony
           ,
           were
           still
           Bailable
           ,
           by
           what
           Person
           or
           Persons
           soever
           Committed
           ,
           not
           excepting
           the
           King
           and
           Council
           ,
           much
           less
           the
           House
           of
           Commons
           ,
           who
           had
           no
           Legal
           Power
           to
           Commit
           any
           Criminal
           .
           But
           still
           the
           point
           was
           very
           nice
           ,
           and
           the
           
             Leading
             Members
          
           no
           less
           uncertain
           what
           resolution
           to
           take
           ;
           for
           if
           they
           openly
           declar'd
           against
           the
           
             Habeas
             Corpus
          
           ,
           the
           Nation
           wou'd
           be
           much
           alarm'd
           ,
           and
           suspect
           these
           Gentleman
           ,
           instead
           of
           securing
           ,
           intended
           to
           invade
           ,
           the
           Subjects
           Liberty
           ;
           but
           if
           they
           allow'd
           the
           Writ
           ,
           the
           delicious
           power
           of
           Imprisoning
           such
           as
           they
           had
           a
           picque
           to
           ,
           was
           utterly
           lost
           ,
           and
           all
           persons
           referr'd
           to
           the
           ordinary
           
           Courts
           of
           Justice
           ,
           or
           upon
           their
           failure
           ,
           to
           the
           House
           of
           Lords
           ,
           the
           suprem
           Tribunal
           of
           England
           .
           At
           last
           Sir
           
             William
             Jones
          
           ,
           like
           an
           
             Imperious
             Dictator
          
           ,
           starts
           up
           to
           decide
           the
           matter
           ,
           and
           having
           made
           a
           bawling
           Harangue
           concerning
           the
           Power
           of
           the
           House
           ,
           and
           their
           Intention
           of
           not
           binding
           themselves
           by
           that
           Act
           ,
           which
           yet
           must
           bind
           the
           King
           ,
           tho
           it
           might
           as
           well
           be
           alleadg'd
           He
           did
           not
           intend
           it
           ,
           he
           boldly
           concludes
           with
           threatning
           and
           daring
           the
           Judges
           to
           do
           their
           duty
           ;
           
             Precibusque
             minas
             regaliter
             addit
          
           :
           
             The
             same
             reasons
             
               (
               says
               he
            
             )
             which
             may
             be
             given
             for
             discharging
             such
             as
             are
             not
             Committed
             for
             breach
             of
             Priviledge
             ,
             if
             it
             be
             grounded
             on
             the
             Act
             for
             the
             
               Habeas
               Corpus
            
             ,
             will
             hold
             as
             strong
             for
             discharging
             of
             Persons
             Committed
             for
             breach
             of
             Priviledge
             ;
             and
             so
             consequently
             deprive
             this
             House
             of
             all
             its
             Power
             and
             Dignity
             ,
             and
             make
             it
             insignificant
             .
             This
             is
             so
             plain
             and
             obvious
             ,
             that
             all
             the
             Judges
             ought
             to
             know
             it
             ;
             and
             I
             think
             it
             below
             you
             to
             make
             any
             Resolve
             therein
             ,
             but
             rather
             leave
             the
             Judges
             to
             do
             otherwise
             at
             their
             Peril
             ;
             and
             let
             the
             Debate
             fall
             without
             any
             question
             ,
          
           See
           the
           Debates
           of
           the
           House
           ,
           pag.
           217.
           
           Was
           not
           this
           a
           rare
           Assertor
           of
           our
           Liberties
           ,
           who
           instead
           of
           allowing
           us
           the
           benefit
           of
           the
           Laws
           ,
           wou'd
           have
           us
           all
           made
           Beasts
           of
           burden
           to
           maintain
           the
           Grandeur
           of
           some
           
             Arbitrary
             Demagogues
          
           in
           the
           House
           of
           Commons
           ;
           and
           be
           content
           to
           turn
           Gally-Slaves
           ,
           rather
           than
           their
           Power
           shou'd
           become
           useless
           or
           insignificant
           ?
           But
           I
           find
           this
           daring
           Speech
           did
           not
           frighten
           all
           the
           Judges
           ;
           for
           Baron
           Weston
           ,
           to
           his
           immortal
           Renown
           ,
           had
           still
           the
           courage
           to
           grant
           the
           
             Habeas
             Corpus
          
           ,
           and
           rather
           expose
           himself
           to
           the
           malice
           of
           the
           Faction
           ,
           than
           deny
           or
           delay
           Justice
           ,
           contrary
           to
           his
           Oath
           .
        
         
           Our
           Religion
           and
           Liberty
           being
           thus
           secur'd
           ,
           have
           we
           not
           reason
           to
           be
           fond
           of
           these
           
             worthy
             Patriots
          
           ,
           who
           tugg'd
           so
           hard
           against
           Popery
           ,
           the
           better
           to
           bring
           in
           Presbytery
           ;
           and
           to
           make
           sure
           that
           the
           Prince
           shou'd
           not
           use
           
             Arbitrary
             Power
          
           ,
           took
           all
           possible
           care
           to
           keep
           it
           in
           their
           own
           possession
           .
           It
           was
           the
           
             Kings
             Prerogative
          
           in
           the
           days
           of
           yore
           to
           have
           the
           Power
           of
           making
           War
           and
           Peace
           ,
           and
           declaring
           who
           shou'd
           be
           counted
           Friends
           ,
           and
           who
           reputed
           Enemies
           to
           the
           Kingdom
           .
           But
           now
           the
           Tribunes
           of
           the
           People
           are
           willing
           to
           ease
           him
           of
           that
           trouble
           ,
           and
           take
           upon
           themselves
           by
           the
           following
           *
           Vote
           ,
           to
           declare
           some
           of
           His
           Majesties
           best
           Subjects
           and
           most
           Faithful
           Friends
           ,
           
             Enemies
             to
             the
             King
             and
             Kingdom
             .
          
        
         
           Resolved
           ,
           That
           all
           persons
           who
           advis'd
           His
           Majesty
           in
           His
           last
           Message
           to
           this
           House
           ,
           to
           insist
           upon
           an
           Opinion
           against
           the
           Bill
           for
           excluding
           the
           Duke
           of
           York
           ,
           have
           given
           pernicious
           Councel
           to
           His
           Majesty
           ,
           and
           are
           promoters
           of
           Popery
           ,
           and
           Enemies
           to
           the
           King
           and
           Kingdom
           :
        
         
           And
           this
           extravagant
           Vote
           they
           are
           pleas'd
           particularly
           to
           apply
           to
           four
           
             Noble
             Peers
          
           of
           the
           Realm
           ,
           exposing
           them
           to
           the
           Rable
           ,
           without
           the
           least
           colour
           of
           proof
           ,
           for
           Promoters
           of
           Popery
           ,
           and
           Enemies
           to
           their
           Soveraign
           ;
           for
           no
           other
           reason
           ,
           but
           because
           they
           were
           truly
           Loyal
           ,
           and
           free
           from
           the
           contagious
           leaven
           of
           the
           Faction
           .
           What
           a
           happiness
           it
           is
           ,
           to
           live
           within
           
           the
           Walls
           of
           the
           House
           of
           Commons
           ,
           where
           the
           Knave
           becomes
           Honest
           ,
           and
           the
           Fool
           a
           Politician
           ?
           where
           People
           are
           sure
           never
           to
           be
           in
           the
           wrong
           ,
           but
           always
           impeccable
           ,
           and
           may
           freely
           rail
           and
           reflect
           upon
           their
           Betters
           ,
           which
           without
           doors
           wou'd
           cost
           them
           very
           dear
           .
           Yet
           I
           cannot
           but
           wonder
           ,
           why
           these
           Noblemen
           (
           unless
           they
           ,
           as
           well
           as
           many
           others
           ,
           took
           that
           Character
           for
           a
           mark
           of
           Honour
           from
           the
           givers
           )
           have
           taken
           no
           course
           ,
           at
           least
           with
           the
           Printer
           and
           Bookseller
           ,
           if
           not
           with
           the
           then
           Speaker
           ,
           for
           ordering
           such
           Scandalous
           Votes
           to
           be
           publish'd
           ,
           contrary
           to
           express
           *
           Acts
           of
           Parliament
           .
           For
           if
           the
           Kings
           immediate
           Command
           cannot
           be
           allow'd
           as
           a
           good
           excuse
           in
           Law
           for
           any
           Illegal
           Act
           ,
           so
           that
           altho
           the
           Prince
           be
           unaccountable
           ,
           yet
           the
           Minister
           is
           to
           suffer
           for
           his
           Obedience
           ;
           sure
           a
           Vote
           of
           the
           House
           of
           Commons
           shall
           not
           be
           thought
           of
           force
           ,
           at
           least
           out
           of
           Parliament-time
           ,
           to
           Protect
           any
           Offender
           from
           Justice
           ;
           because
           whatever
           Title
           the
           Members
           ,
           within
           the
           sacred
           Walls
           of
           the
           House
           ,
           may
           claim
           in
           some
           Cases
           to
           impunity
           ,
           their
           Officers
           and
           Servants
           ,
           who
           execute
           their
           Illegal
           Commands
           abroad
           ,
           cannot
           in
           the
           least
           pretend
           to
           have
           any
           .
        
         
           But
           how
           shou'd
           these
           Noblemen
           be
           enemies
           to
           the
           King
           and
           Kingdom
           ,
           for
           their
           advising
           His
           Majesty
           against
           the
           Bill
           of
           Exclusion
           ,
           when
           the
           whole
           House
           of
           Peers
           ,
           (
           few
           discontented
           Lords
           Dissenting
           ,
           who
           by
           their
           Lives
           and
           Conversation
           never
           shew'd
           themselves
           the
           truest
           Protestants
           ,
           nor
           the
           best
           Subjects
           )
           openly
           declar'd
           against
           it
           ,
           and
           upon
           the
           first
           reading
           threw
           it
           out
           of
           doors
           ,
           is
           a
           Mystery
           not
           easily
           to
           be
           understood
           .
           His
           Majesty
           in
           His
           Message
           to
           the
           Commons
           ,
           declar'd
           ,
           
             He
             was
             confirm'd
             in
             His
             Opinion
             against
             that
             Bill
             by
             the
             Judgment
             of
             the
             House
             of
             Lords
             ,
             who
             rejected
             it
          
           ;
           why
           then
           are
           four
           Lords
           singl'd
           out
           ,
           and
           not
           the
           whole
           House
           declar'd
           
             Promoters
             of
             Popery
             ,
             and
             Enemies
             to
             the
             King
             and
             Kingdom
             ?
          
           The
           reason
           some
           will
           guess
           ,
           that
           the
           
             Leading
             Members
          
           saw
           matters
           were
           not
           yet
           ripe
           ,
           to
           shew
           themselves
           bare-fac'd
           ,
           or
           discover
           the
           bottom
           of
           their
           Designs
           ,
           and
           once
           more
           to
           Vote
           the
           House
           of
           
             Lords
             dangerous
             and
             useless
             ,
             and
             therefore
             to
             be
             laid
             aside
             .
          
           But
           why
           the
           Opposers
           of
           the
           Bill
           of
           
             Exclusion
             enemies
          
           to
           the
           King
           and
           Kingdom
           ?
           When
           't
           is
           made
           plain
           even
           to
           Demonstration
           in
           several
           Treatises
           publish'd
           these
           four
           years
           past
           about
           the
           Succession
           ,
           that
           the
           Promoters
           of
           that
           Bill
           ,
           tho
           some
           perhaps
           meant
           otherwise
           ,
           were
           in
           fact
           Enemies
           to
           the
           Monarchy
           ,
           and
           no
           Friends
           to
           the
           King
           nor
           to
           the
           True
           
             Protestant
             Religion
          
           .
           'T
           is
           strange
           that
           such
           as
           loudly
           exclaim
           against
           Popery
           ,
           shou'd
           have
           the
           face
           at
           the
           same
           time
           to
           practice
           the
           worst
           of
           Popish
           ,
           or
           rather
           Jesuitical
           Principles
           ,
           and
           endeavour
           to
           force
           their
           Soveraign
           to
           disinherit
           His
           only
           Brother
           ,
           upon
           a
           bare
           suspicion
           of
           his
           being
           of
           another
           Religion
           ;
           which
           Henry
           the
           3.
           of
           France
           ,
           being
           tender
           of
           the
           Monarchy
           ,
           and
           of
           the
           Hereditary
           Right
           of
           Succession
           ,
           was
           so
           far
           from
           offering
           to
           the
           King
           of
           Navarre
           ,
           tho
           a
           known
           Protestant
           and
           but
           a
           remote
           Kinsman
           ,
           that
           he
           cou'd
           never
           be
           perswaded
           to
           give
           the
           
             Royal
             Assent
          
           to
           the
           Bill
           ,
           which
           the
           powerful
           influence
           of
           the
           Factious
           Duke
           of
           Guise
           got
           pass'd
           by
           the
           three
           Estates
           ,
           for
           his
           Exclusion
           .
        
         
         
           Oh!
           but
           (
           say
           they
           )
           Popery
           and
           Slavery
           will
           break
           in
           upon
           us
           ,
           if
           the
           Duke
           succeeds
           .
           And
           I
           am
           sure
           ,
           Anarchy
           and
           Presbytery
           ,
           and
           an
           Intestine
           Civil
           War
           ,
           will
           undoubtedly
           follow
           ,
           if
           he
           be
           excluded
           ,
           the
           King
           expos'd
           to
           danger
           ,
           and
           the
           Kingdom
           to
           ruine
           .
           How
           fatal
           it
           prov'd
           to
           Henry
           6.
           that
           he
           suffer'd
           the
           good
           Duke
           of
           Gloucester
           to
           be
           made
           away
           by
           his
           Prosecutors
           ,
           which
           made
           way
           for
           his
           own
           Deposition
           ,
           and
           consequently
           for
           his
           untimely
           end
           ,
           Historians
           do
           abundantly
           testify
           ;
           and
           Baker
           tells
           us
           ,
           how
           the
           great
           Duke
           of
           Somerset
           ,
           then
           Protector
           ,
           by
           Sacrificing
           his
           Brother
           the
           
             Lord
             Admiral
          
           to
           the
           malice
           of
           his
           Enemies
           ,
           in
           hopes
           to
           stop
           their
           mouths
           by
           yielding
           to
           their
           demands
           ,
           clear'd
           the
           way
           for
           himself
           to
           the
           Scaffold
           .
           
             A
             Warrant
             
               (
               saith
               this
            
             Historian
             )
             was
             sent
             ,
             under
             the
             hand
             of
             his
             Brother
             the
             Protector
             ,
             to
             cut
             off
             his
             Head
             ;
             wherein
             (
             as
             afterwards
             it
             prov'd
             )
             he
             did
             as
             much
             ,
             as
             if
             he
             had
             laid
             his
             own
             Head
             upon
             the
             Block
             :
             For
             whilst
             these
             Brothers
             lived
             and
             held
             together
             ,
             they
             were
             as
             a
             strong
             Fortress
             one
             to
             the
             other
             ;
             the
             Admirals
             Courage
             supporting
             the
             Protectors
             Authority
             ,
             and
             the
             Protectors
             Authority
             maintaining
             the
             Admirals
             Stoutness
             ;
             but
             the
             Admiral
             once
             gone
             ,
             the
             Protectors
             Authority
             as
             wanting
             support
             ,
             began
             to
             totter
             ,
             and
             fell
             at
             last
             to
             utter
             ruine
             .
             Besides
             ,
             there
             was
             at
             this
             time
             ,
             amongst
             the
             Nobility
             ,
             a
             kind
             of
             Faction
             ;
             Protestants
             ,
             who
             favour'd
             the
             Protector
             for
             his
             own
             sake
             ;
             and
             other
             of
             the
             Papal
             inclination
             ,
             who
             favour'd
             him
             for
             his
             Brothers
             sake
             :
             But
             his
             Brother
             being
             gone
             ,
             both
             sides
             forsook
             him
             ;
             even
             his
             own
             side
             ,
             as
             thinking
             they
             could
             expect
             little
             assistance
             from
             him
             ,
             who
             gave
             no
             more
             assistance
             to
             his
             own
             Brother
             ,
             
               Bakers
               Chronicle
            
             p.
             307.
             
          
        
         
           What
           a
           noise
           they
           make
           about
           these
           terrible
           
             Bugbears
             ,
             Popery
          
           and
           Slavery
           ,
           as
           if
           both
           were
           inseparable
           ,
           and
           actually
           breaking
           in
           upon
           the
           Nation
           ,
           or
           rather
           come
           as
           far
           as
           the
           Lobby
           of
           the
           House
           of
           Commons
           ?
           For
           my
           part
           ,
           tho
           I
           have
           no
           reason
           to
           be
           fond
           of
           either
           ,
           the
           one
           being
           no
           less
           contrary
           to
           my
           Nature
           ,
           than
           the
           other
           to
           my
           Principles
           ,
           yet
           I
           cannot
           be
           startl'd
           at
           every
           shadow
           ,
           nor
           believe
           that
           the
           Duke
           ,
           having
           already
           spent
           the
           Prime
           of
           his
           days
           ,
           let
           him
           succeed
           never
           so
           soon
           ,
           will
           be
           able
           to
           introduce
           amongst
           us
           any
           new
           ,
           much
           less
           the
           
             Popish
             Religion
          
           .
           Neither
           can
           I
           be
           perswaded
           ,
           contrary
           to
           common
           sense
           and
           the
           experience
           of
           so
           many
           Ages
           ,
           but
           that
           the
           Papists
           are
           as
           fond
           of
           their
           Liberty
           and
           Property
           ,
           and
           consequently
           as
           great
           enemies
           to
           Slavery
           ,
           as
           any
           Protestant
           whatsoever
           .
           For
           ,
           to
           them
           we
           owe
           the
           
             unparallel'd
             Common-Law
          
           of
           this
           
             Realm
             ,
             Magna
             Charta
          
           and
           all
           those
           wholesom
           Statutes
           grounded
           thereupon
           ;
           to
           them
           we
           are
           oblig'd
           for
           the
           
             incomparable
             Frame
          
           of
           our
           well-temper'd
           Monarchy
           ,
           which
           affords
           very
           much
           to
           the
           Industry
           and
           Happiness
           of
           the
           Subject
           ,
           yet
           preserves
           enough
           for
           the
           Majesty
           and
           Prerogative
           of
           any
           King
           ,
           that
           will
           own
           his
           People
           as
           Subjects
           ,
           and
           not
           as
           Slaves
           or
           Villains
           .
           Who
           then
           but
           a
           Fool
           or
           a
           Mad-man
           ,
           wou'd
           think
           Slavery
           the
           unavoidable
           consequence
           of
           that
           Religion
           ,
           the
           Professors
           whereof
           ,
           even
           in
           the
           time
           of
           their
           blindest
           zeal
           and
           greatest
           darkness
           ,
           (
           for
           since
           then
           they
           are
           much
           refin'd
           )
           made
           such
           impregnable
           Bulwarks
           
           against
           it
           ,
           and
           provided
           such
           wholesome
           Laws
           to
           defend
           themselves
           from
           all
           the
           encroachments
           of
           Arbitrary
           Power
           :
           Insomuch
           that
           the
           high
           and
           
             mighty
             Pope
          
           himself
           ,
           who
           often
           endeavour'd
           to
           enslave
           this
           Kingdom
           ,
           and
           make
           it
           Tributary
           to
           his
           avarice
           ,
           found
           to
           his
           great
           grief
           ,
           that
           tho
           some
           ignorant
           Bigots
           wou'd
           contribute
           to
           fill
           his
           Coffers
           ,
           yet
           the
           generality
           of
           the
           Nation
           were
           so
           tender
           of
           their
           own
           and
           their
           Princes
           Rights
           ,
           that
           they
           always
           oppos'd
           him
           with
           true
           English
           Courage
           ;
           as
           appears
           not
           only
           by
           hundreds
           of
           adjudg'd
           Cases
           reported
           in
           our
           Law-Books
           ,
           but
           by
           divers
           Records
           and
           Acts
           of
           Parliament
           .
           For
           25
           
             Ed.
             3.
             
             Stat.
             of
             Provisors
             ,
          
           't
           is
           enacted
           ,
           
             That
             such
             persons
             as
             obtain
             Provisions
             ,
          
           or
           collation
           of
           Benefices
           from
           Rome
           ,
           and
           thereupon
           disturb
           the
           Presentees
           of
           the
           King
           ,
           or
           of
           other
           Patrons
           of
           Holy
           Church
           ,
           or
           of
           their
           Advowees
           ,
           
             The
             said
             Provisors
             ,
             their
             Procurators
             ,
             Executors
             and
             Notaries
             ,
             shall
             be
             attached
             by
             their
             body
             ,
             and
             brought
             in
             to
             Answer
             :
             And
             if
             they
             be
             convict
             ,
             they
             shall
             abide
             in
             Prison
             without
             being
             let
             to
             Mainprise
             or
             Bail
             ,
             or
             otherwise
             delivered
             ,
             till
             they
             have
             made
             Fine
             and
             Ransom
             to
             the
             King
             at
             his
             Will
             ,
             and
             gree
             to
             the
             Party
             that
             shall
             feel
             himself
             grieved
             :
             And
             nevertheless
             before
             they
             be
             delivered
             ,
             they
             shall
             make
             full
             renunciation
             ,
             and
             find
             Surety
             ,
             that
             they
             shall
             not
             attempt
             such
             things
             in
             time
             to
             come
             ,
             nor
             sue
             any
             Process
             by
             them
             ,
             nor
             by
             other
             against
             any
             man
             in
             the
             Court
             of
          
           Rome
           ,
           
             nor
             in
             any
             part
             elsewhere
             ,
             for
             any
             such
             Imprisonments
             ,
             or
             Renunciations
             ,
             nor
             any
             other
             thing
             depending
             of
             them
             .
          
           And
           in
           the
           same
           year
           it
           was
           Enacted
           ,
           that
           he
           that
           purchas'd
           a
           Provision
           in
           Rome
           for
           an
           Abbey
           ,
           shou'd
           be
           out
           of
           the
           
             Kings
             Protection
          
           ,
           and
           any
           man
           might
           do
           with
           him
           ,
           as
           with
           the
           
             Kings
             Enemy
             ,
             25
             Ed.
             3.
             c.
          
           22.
           
        
         
           2●
           Ed.
           3.
           c.
           1.
           upon
           the
           grievous
           Complaints
           of
           the
           Lords
           and
           Commons
           in
           Parliament
           ,
           
             It
             was
             ordain'd
             ,
             that
             all
             People
             of
             the
             Kings
             L●geance
             ,
             of
             what
             condition
             that
             they
             be
             ,
             which
             shall
             draw
             any
             out
             of
             the
             Realm
             in
             Plea
             ,
             whereof
             the
             cognizance
             pertaineth
             to
             the
             Kings
             Court
             ,
             or
             of
             things
             whereof
             Judgements
             be
             given
             in
             the
             Kings
             Court
             ;
             or
             which
             do
             Sue
             in
             any
             other
             Court
             to
             defeat
             or
             impeach
             the
             Judgements
             given
             in
             the
             Kings
             Court
             ,
             if
             they
             appear
             not
             within
             two
             months
             after
             warning
             given
             ,
             shall
             be
             put
             out
             of
             the
             Kings
             Protection
             ,
             and
             their
             Lands
             ,
             Goods
             and
             Chattles
             forfeit
             to
             the
             King
             ,
             and
             their
             Bodies
             wheresoever
             they
             may
             be
             found
             ,
             shall
             be
             taken
             and
             Imprisoned
             ,
             and
             Ransomed
             at
             the
             Kings
             will.
             
          
        
         
           13
           
             R.
             c.
             2.
             
             'T
             is
             Enacted
             ,
          
           
             That
             if
             any
             do
             accept
             of
             a
             Benefice
             of
             Holy
             Church
             contrary
             to
             this
             *
             Statute
             ,
             and
             that
             duly
             prov'd
             ,
             he
             shall
             within
             six
             Weeks
             next
             after
             such
             acceptation
             ,
             be
             exiled
             and
             banished
             out
             of
             the
             Realm
             for
             ever
             ,
             and
             his
             Lands
             and
             Tenements
             ,
             Goods
             and
             Chattles
             shall
             be
             forfeit
             to
             the
             King.
             And
             if
             any
             Receive
             any
             such
             person
             banished
             ,
             coming
             from
             beyond
             the
             Sea
             ,
             or
             being
             within
             the
             Realm
             after
             the
             said
             six
             Weeks
             ,
             knowing
             thereof
             ,
             he
             shall
             be
             also
             exiled
             and
             banished
             ,
             and
             incurr
             such
             forfeiture
             as
             afore
             is
             said
             .
             And
             their
             Procurators
             ,
             Notaries
             ,
             Executors
             ,
             and
             Summoners
             shall
             have
             the
             pain
             and
             forfeiture
             aforesaid
             .
             And
             c.
             3
             It
             
             is
             ordained
             and
             established
             ,
             That
             if
             any
             man
             bring
             or
             send
             within
             the
             Realm
             or
             the
             King's
             power
             ,
             any
             Summons
             ,
             Sentence
             ,
             or
             Excommunication
             against
             any
             person
             ,
             of
             what
             condition
             that
             he
             be
             ,
             for
             the
             cause
             of
             making
             motion
             ,
             assent
             ,
             or
             execution
             of
             the
             said
             Statute
             of
             Provisors
             ,
             he
             shall
             be
             taken
             ,
             arrested
             and
             put
             in
             Prison
             ,
             and
             forfeit
             all
             his
             Lands
             and
             Tenements
             ,
             Goods
             and
             Chattels
             for
             ever
             ,
             and
             incur
             the
             pain
             of
             life
             and
             of
             member
             .
             And
             if
             a
             Prelate
             make
             execution
             of
             such
             Summons
             ,
             Sentences
             or
             Excommunications
             ,
             that
             his
             Temporalties
             be
             taken
             and
             abide
             in
             the
             Kings
             hands
             ,
             till
             due
             redress
             and
             correction
             thereof
             be
             made
             .
             And
             if
             any
             person
             of
             less
             Estate
             than
             a
             Prelate
             ,
             of
             what
             condition
             that
             he
             be
             ,
             make
             such
             execution
             ,
             he
             shall
             be
             taken
             ,
             arrested
             ,
             and
             put
             in
             Prison
             ,
             and
             have
             Imprisonment
             ,
             and
             make
             fine
             and
             ransom
             by
             the
             discretion
             of
             the
             Kings
             Councel
             .
          
        
         
           16
           
             R.
             2.
             't
             is
             declar'd
          
           ,
           
             That
             the
             Crown
             of
             England
             ,
             which
             hath
             been
             so
             free
             at
             all
             times
             ,
             that
             it
             hath
             been
             in
             no
             earthly
             subjection
             ,
             but
             immediately
             subject
             to
             God
             in
             all
             things
             touching
             the
             Regalty
             of
             the
             same
             Crown
             ,
             ought
             not
             to
             be
             submitted
             to
             the
             Pope
             ,
             nor
             the
             Laws
             and
             Statutes
             of
             the
             Realm
             by
             him
             defeated
             and
             avoided
             at
             his
             will
             ,
             in
             perpetual
             destruction
             of
             the
             Sovereignty
             of
             the
             King
             our
             Lord
             ,
             His
             Crown
             ,
             His
             Regalty
             ,
             and
             of
             all
             His
             Realm
             .
             And
             moreover
             ,
             the
             Commons
             affirmed
             ,
             That
             the
             things
             attempted
             by
             the
             Pope
             ,
             be
             clearly
             against
             the
             King's
             Crown
             and
             His
             Regality
             ,
             used
             and
             approved
             of
             in
             the
             time
             of
             all
             his
             Progenitors
             :
             Wherefore
             they
             and
             all
             the
             Leige-Commons
             of
             the
             same
             Realm
             ,
             will
             stand
             by
             the
             King
             ,
             and
             His
             Crown
             ,
             and
             His
             Regalty
             ,
             in
             the
             cases
             aforesaid
             ,
             and
             in
             all
             other
             cases
             attempted
             against
             Him
             ,
             His
             Crown
             ,
             and
             His
             Regalty
             ,
             in
             all
             points
             ,
             to
             live
             and
             to
             die
             .
          
        
         
           These
           ,
           and
           several
           other
           *
           Statutes
           ,
           too
           tedious
           〈◊〉
           to
           be
           inserted
           ,
           have
           been
           provided
           in
           former
           ages
           when
           the
           
           Pope's
           power
           was
           at
           the
           highest
           ,
           and
           provided
           even
           by
           
             Popish
             Kings
          
           and
           
             Popish
             Parliaments
          
           ,
           to
           secure
           themselves
           and
           the
           Nation
           from
           all
           Papal
           encroachments
           .
           Neither
           have
           our
           Judges
           been
           less
           severe
           against
           the
           Popes
           unwarrantable
           pretensions
           ,
           who
           in
           pursuance
           of
           the
           Common-Law
           of
           the
           Land
           ,
           tho'
           no
           Statute
           had
           been
           made
           to
           that
           purpose
           ,
           judg'd
           it
           a
           very
           hainous
           Crime
           in
           any
           Subject
           of
           England
           to
           obey
           ,
           or
           put
           them
           in
           execution
           .
           In
           the
           Reign
           of
           King
           
             Edward
             I
          
           ;
           when
           a
           Subject
           brought
           a
           
             Bull
             of
             Excommunication
          
           from
           Rome
           ,
           against
           another
           Subject
           of
           this
           Realm
           ,
           and
           publish'd
           it
           to
           the
           
             Lord
             Treasurer
          
           of
           England
           :
           this
           was
           by
           the
           Common-Law
           of
           the
           Land
           adjudg'd
           Treason
           against
           the
           King
           ,
           his
           Crown
           and
           Dignity
           ,
           30
           lib.
           Ass.
           pla
           .
           19.
           
           Brook
           tit
           .
           Praemunire
           ,
           pl●
           10.
           
        
         
           An
           Excommunication
           by
           the
           Archbishop
           ,
           albeit
           it
           be
           disallow'd
           by
           the
           Pope
           or
           his
           Legate
           ,
           is
           to
           be
           allow'd
           ;
           neither
           ought
           the
           Judges
           give
           any
           allowance
           of
           any
           such
           Sentence
           of
           the
           Pope
           or
           his
           
             Legate
             ,
             16
             E.
          
           3.
           tit
           .
           Excom
           .
           4.
           
        
         
           An
           *
           Excommunication
           under
           the
           
             Popes
             Bull
          
           is
           of
           no
           force
           to
           disable
           any
           man
           in
           England
           .
           And
           the
           Judges
           
           said
           ,
           That
           he
           that
           pleadeth
           such
           Bulls
           ,
           tho
           they
           concern
           the
           Excommunication
           of
           a
           Subject
           ,
           were
           in
           a
           hard
           Case
           ,
           if
           the
           King
           would
           extend
           his
           Justice
           against
           him
           30
           E.
           3.
           lib.
           Ass.
           pl.
           
           19.
           
        
         
           The
           King
           presented
           to
           a
           Benefice
           ,
           and
           his
           Presentee
           was
           disturb'd
           by
           one
           that
           had
           obtain'd
           Bulls
           from
           Rome
           ;
           for
           which
           offence
           he
           was
           confin'd
           to
           perpetual
           Imprisonment
           ,
           21
           Ed.
           3.
           f.
           40.
           
        
         
           One
           Morris
           being
           elected
           Abbot
           of
           Waltham
           ,
           sent
           to
           Rome
           for
           a
           Bull
           of
           confirmation
           ;
           But
           it
           was
           resolved
           by
           all
           the
           Judges
           ,
           that
           this
           Bull
           was
           against
           the
           Laws
           of
           England
           ,
           and
           that
           the
           Abbot
           ,
           for
           obtaining
           the
           same
           ,
           was
           fallen
           into
           the
           King's
           mercy
           ;
           whereupon
           all
           his
           Possessions
           were
           seiz'd
           into
           the
           
           King's
           hands
           ,
           46
           Ed.
           3.
           tit
           .
           Praemunire
           ,
           6.
           
        
         
           In
           the
           Reign
           of
           Ed.
           4.
           the
           Pope
           granted
           to
           the
           Prior
           of
           St.
           Johns
           to
           have
           Sanctuary
           within
           his
           Priory
           ;
           But
           it
           was
           resolved
           by
           the
           Judges
           ,
           that
           the
           Pope
           had
           no
           power
           to
           grant
           Sanctuary
           within
           this
           Realm
           ;
           and
           therefore
           by
           judgment
           of
           the
           Law
           the
           same
           was
           disallowed
           ▪
           1
           
             H.
             7.
             f
          
           20.
           
        
         
           In
           the
           same
           
           King's
           Reign
           ,
           a
           Legate
           from
           the
           Pope
           came
           to
           Callis
           ,
           to
           have
           come
           into
           England
           ;
           But
           the
           King
           and
           his
           Councel
           would
           not
           suffer
           him
           to
           come
           within
           the
           Kingdom
           ,
           until
           he
           had
           taken
           an
           Oath
           ,
           that
           he
           should
           attempt
           nothing
           against
           the
           King
           or
           his
           
             Crown
             ,
             1
             H.
             7.
             f.
          
           10.
           
        
         
           And
           in
           the
           Reign
           of
           H.
           7.
           the
           Pope
           had
           excommunicated
           all
           such
           persons
           whatsoever
           as
           had
           bought
           Allom
           of
           the
           Florentines
           ;
           But
           it
           was
           resolved
           by
           all
           the
           Judges
           of
           England
           ,
           that
           the
           
             Popes
             Excommunication
          
           ought
           not
           to
           be
           obeyed
           ,
           or
           to
           be
           put
           in
           execution
           within
           the
           Realm
           of
           
             England
             ,
             1
             H.
             7.
             f.
          
           10.
           
           These
           ,
           and
           many
           other
           such
           Cases
           ,
           you
           may
           see
           in
           the
           first
           part
           of
           
           Coke's
           
             5
             th
             .
          
           Reports
           .
        
         
           Now
           ,
           if
           not
           only
           the
           Judges
           ,
           but
           the
           Representative-wisdom
           of
           the
           Nation
           ,
           even
           
             King
             ,
             Lords
          
           ,
           and
           Commons
           ,
           in
           the
           thickest
           mist
           of
           Popish
           ignorance
           ,
           were
           so
           resolute
           against
           the
           Bishop
           of
           Rome
           ,
           and
           so
           careful
           to
           preserve
           their
           own
           Rights
           and
           Liberties
           inviolable
           :
           who
           can
           be
           so
           silly
           ,
           as
           to
           believe
           ,
           that
           a
           
             Popish
             Prince
          
           in
           this
           Kingdom
           ,
           and
           at
           this
           time
           of
           the
           day
           ,
           when
           Popery
           it self
           is
           much
           refin'd
           ,
           and
           the
           whole
           Nation
           irreconcilably
           bent
           against
           it
           ,
           will
           ever
           submit
           to
           any
           Papal
           Usurpation
           ,
           much
           less
           make
           himself
           or
           his
           People
           Slaves
           to
           the
           
             Court
             of
             Rome
          
           ?
        
         
           Alas
           !
           says
           one
           ,
           but
           our
           sweet
           Abbey-Lands
           are
           in
           danger
           to
           be
           lost
           ,
           and
           reassum'd
           by
           the
           
             Popish
             Clergy
          
           ,
           what
           course
           then
           shall
           we
           take
           to
           secure
           them
           ?
           Believe
           me
           ,
           if
           the
           Law
           will
           not
           do
           it
           ,
           I
           know
           no
           other
           way
           ,
           but
           a
           project
           I
           hear
           shortly
           to
           be
           set
           on
           foot
           for
           Insuring
           all
           the
           Church-Lands
           in
           the
           Kingdom
           these
           40
           years
           to
           come
           .
           The
           parties
           concern'd
           will
           propose
           very
           reasonable
           terms
           ,
           and
           will
           undertake
           ,
           the
           squinting
           Trimmer
           ,
           who
           maliciously
           whispers
           about
           ,
           he
           wou'd
           take
           seven
           years
           purchase
           for
           his
           Church-Lands
           ,
           in
           case
           of
           a
           
             Popish
             Successor
          
           ,
           shall
           have
           fourteen
           well
           secur'd
           ,
           whenever
           the
           Duke
           succeeds
           .
           But
           why
           our
           Abbey-Lands
           more
           in
           danger
           ,
           than
           any
           other
           part
           of
           our
           Estates
           ?
           since
           we
           have
           the
           same
           security
           for
           the
           one
           as
           for
           the
           other
           ,
           and
           both
           as
           firmly
           secur'd
           ,
           as
           the
           Law
           can
           make
           them
           ,
           or
           the
           wit
           of
           
           man
           devise
           .
           'T
           is
           well
           known
           ,
           that
           the
           Popish
           *
           Clergy
           in
           Queen
           Maries
           time
           ,
           the
           better
           to
           forward
           the
           peoples
           reconciliation
           with
           the
           Church
           of
           Rome
           ,
           by
           their
           Petition
           to
           the
           Queen
           ,
           consented
           that
           all
           the
           Church-Lands
           dispos'd
           of
           to
           Lay-men
           ,
           shou'd
           be
           settl'd
           on
           the
           Possessors
           and
           their
           Heirs
           for
           ever
           ,
           without
           any
           danger
           of
           revocation
           ;
           And
           this
           was
           approv'd
           of
           by
           the
           
             Pope's
             Legate
             a
             latere
             Cardinal
             Pool
             ,
          
           *
           
             willing
             and
             ordaining
          
           ,
           (
           as
           he
           says
           )
           
             that
             the
             present
             possessors
             of
             Ecclesiastical
             Goods
             ,
             as
             well
             movable
             as
             immovable
             ,
             shall
             not
             at
             this
             time
             ,
             nor
             in
             time
             to
             come
             ,
             be
             disquieted
             nor
             molested
             in
             the
             possession
             of
             the
             said
             Goods
             ,
             either
             by
             the
             disposal
             or
             order
             of
             any
             General
             or
             Provincial
             Councils
             ,
             or
             by
             the
             Decretal
             Epistles
             of
             the
             Bishop
             of
          
           Rome
           ,
           
             or
             by
             any
             other
             Ecclesiastical
             Censure
             whatsoever
             .
          
           And
           besides
           this
           ,
           to
           crown
           the
           work
           beyond
           all
           exception
           ,
           and
           bind
           it
           with
           a
           triple
           Cord
           which
           is
           not
           easily
           broken
           ,
           all
           is
           confirm'd
           in
           full
           Parliament
           ,
           by
           the
           Queen
           ,
           by
           the
           Cardinal
           and
           Clergy
           ,
           and
           by
           the
           Lords
           and
           Commons
           ;
           by
           whom
           't
           is
           enacted
           ,
           
             That
             all
             and
             every
             Article
             ,
             Clause
             ,
             Sentence
             and
             Proviso
             contained
             or
             specified
             in
             any
             Act
             or
             Acts
             of
             Parliament
             ,
             concerning
             or
             touching
             the
             assurance
             or
             conveyance
             of
             any
             the
             said
             Monasteries
             ,
             Priories
             ,
             Nunneries
             ,
             Commandries
             ,
             Deanries
             ,
             Prebends
             ,
             Colledges
             ,
             Chantries
             ,
             Hospitals
             ,
             Houses
             of
             Fryers
             ,
             Rectories
             ,
             Vicarages
             ,
             Churches
             ,
             Chappels
             ,
             Archbishopricks
             ,
             Bishopricks
             ,
             and
             other
             Religious
             and
             Ecclesiastical
             houses
             and
             places
             ,
             or
             any
             of
             them
             ,
             or
             in
             any
             ways
             concerning
             any
             Manors
             ,
             Lands
             ,
             Tenements
             ,
             Profits
             ,
             Commodities
             ,
             Hereditaments
             ,
             or
             other
             the
             things
             before
             specified
             to
             the
             said
             K.
             H.
             8.
             or
             K.
             Ed.
             6.
             or
             either
             of
             them
             ,
             or
             any
             other
             person
             or
             persons
             ,
             or
             Body-politick
             or
             Corporate
             ,
             and
             every
             of
             them
             ;
             and
             all
             and
             every
             Writing
             ,
             Deed
             ,
             and
             Instrument
             concerning
             the
             assurance
             of
             any
             the
             same
             ,
             shall
             stand
             ,
             remain
             ,
             and
             be
             in
             as
             good
             force
             ,
             effect
             and
             strength
             ,
             and
             shall
             be
             pleaded
             ,
             and
             taken
             advantage
             of
             ,
             to
             all
             intents
             ,
             constructions
             ,
             and
             purposes
             ,
             as
             the
             same
             should
             ,
             might
             or
             could
             have
             been
             by
             the
             Laws
             and
             Statutes
             of
             this
             Realm
             ,
             in
             case
             this
             present
             Act
             had
             never
             been
             had
             or
             made
             ,
             1.
             
             &
             2
             Phil.
             &
             Mar.
             c.
             8
             
               §
               .
               39.
            
             
          
           
             And
             't
             is
             further
             enacted
          
           ,
           
             That
             whosoever
             shall
             by
             any
             Process
             obtained
             out
             of
             any
             Ecclesiastical
             Court
             within
             this
             Realm
             or
             without
             ,
             or
             by
             pretence
             of
             any
             spiritual
             Jurisdiction
             ,
             or
             otherwise
             contrary
             to
             the
             Laws
             of
             this
             Realm
             ,
             inquiet
             or
             molest
             any
             person
             or
             persons
             ,
             or
             body-politick
             for
             any
             Manors
             ,
             Lands
             ,
             Tenements
             ,
             Hereditaments
             ,
             or
             things
             above-specified
             ,
             contrary
             to
             the
             words
             ,
             sentences
             and
             meaning
             of
             this
             Act
             ,
             shall
             incur
             the
             danger
             of
             the
             Act
             of
             Praemunire
             ,
             ib.
             §
             .
             41.
             
          
        
         
           What
           cou'd
           the
           wit
           of
           man
           contrive
           or
           devise
           more
           firm
           in
           Law
           ,
           or
           more
           
           satisfactory
           to
           all
           parties
           concern'd
           in
           Church
           or
           Abbey-Lands
           ,
           than
           these
           and
           several
           other
           paragraphs
           provided
           in
           the
           same
           
             Act
             of
             Parliament
          
           ?
           Why
           then
           are
           people
           by
           groundless
           and
           imaginary
           fears
           discompos'd
           ,
           or
           frightn'd
           out
           of
           their
           wits
           ,
           and
           made
           tools
           to
           drive
           on
           the
           Designs
           of
           some
           ill
           men
           ,
           against
           the
           Monarchy
           and
           the
           Church
           ,
           who
           will
           have
           nothing
           sufficient
           to
           secure
           them
           in
           the
           Religion
           they
           have
           not
           ,
           but
           what
           will
           unavoidably
           shake
           the
           very
           foundation
           of
           the
           Government
           ?
           'T
           is
           true
           ,
           our
           State-Mountebanks
           in
           their
           Address
           presented
           in
           the
           Name
           of
           the
           House
           of
           Commons
           ,
           are
           so
           dutiful
           to
           their
           Sovereign
           ,
           as
           humbly
           to
           threaten
           ,
           this
           may
           possibly
           happen
           ,
           if
           the
           Duke
           succeeds
           :
           
             We
             further
             humbly
             beseech
             Your
             Majesty
          
           (
           say
           they
           )
           
             in
             Your
             great
             Wisdom
             to
             consider
             ,
             whether
             ,
             in
             case
             the
             Imperial
             Crown
             of
             this
             Protestant
             Kingdom
             should
             descend
             to
             the
             Duke
             of
          
           York
           ,
           
             the
             opposition
             ,
             which
             may
             possibly
             be
             made
             to
             his
             possessing
             it
             ,
             may
             not
             only
             endanger
             the
             farther
             descent
             in
             the
             Royal
             Line
             ,
             but
             even
             Monarchy
             it self
             ,
          
           21
           Dec.
           1680.
           
           But
           that
           season
           ,
           I
           hope
           ,
           is
           over
           ,
           and
           the
           Nation
           now
           thorowly
           sensible
           of
           the
           fatal
           consequences
           of
           such
           resolutions
           ,
           and
           can
           never
           forget
           the
           unparallell'd
           Tyranny
           of
           the
           Rump
           ,
           nor
           the
           doleful
           Tragedies
           that
           ensu'd
           the
           Quarrel
           between
           York
           and
           Lancaster
           ,
           which
           made
           England
           a
           Field
           of
           Blood.
           
        
         
           But
           what
           has
           this
           great
           Prince
           ,
           once
           the
           peoples
           darling
           ,
           done
           to
           deserve
           so
           severe
           a
           treatment
           ,
           or
           be
           thought
           so
           dangerous
           a
           person
           to
           the
           Publick
           ?
           Has
           he
           defrauded
           any
           of
           an
           Ox
           or
           an
           Ass
           ;
           or
           was
           he
           ever
           found
           worse
           than
           his
           word
           ,
           or
           unjust
           in
           his
           dealings
           ?
           If
           he
           has
           chang'd
           his
           opinion
           ,
           which
           yet
           is
           improbable
           ,
           about
           the
           modes
           and
           circumstances
           of
           Religion
           ,
           't
           is
           plain
           he
           has
           not
           chang'd
           his
           moral
           Principles
           ,
           nor
           his
           natural
           affection
           to
           his
           Countrey
           .
           I
           need
           not
           instance
           how
           often
           he
           expos'd
           his
           Person
           to
           danger
           ,
           like
           a
           common
           Sea-man
           ,
           to
           fight
           our
           Battles
           ;
           nor
           how
           zealously
           he
           always
           studied
           the
           true
           Interest
           of
           the
           English
           Nation
           ,
           in
           opposition
           to
           French
           Designs
           ;
           a
           truth
           too
           well
           known
           even
           to
           his
           most
           inveterate
           Enemies
           ,
           but
           ill
           rewarded
           with
           ingratitude
           .
           'T
           is
           prodigious
           ,
           what
           tricks
           and
           arts
           have
           been
           us'd
           of
           late
           to
           incense
           the
           unthinking
           multitude
           against
           His
           Highness
           ,
           and
           set
           them
           a-madding
           with
           the
           apprehension
           of
           Stakes
           and
           Faggots
           ,
           and
           all
           the
           
           Chymoera's
           of
           a
           crack-brain'd
           fancy
           :
           when
           't
           is
           palpably
           evident
           ,
           it
           is
           not
           in
           the
           power
           of
           any
           Prince
           ,
           tho'
           the
           greatest
           Bigot
           of
           Papists
           ,
           to
           force
           this
           Nation
           in
           point
           of
           Conscience
           ,
           or
           alter
           the
           establish'd
           Religion
           ;
           since
           the
           Laws
           
             de
             Haeretico
             comb●rendo
          
           ,
           (
           which
           in
           Queen
           Maries
           time
           were
           in
           force
           ,
           and
           warranted
           the
           Cruelties
           then
           committed
           upon
           the
           Protestants
           ,
           as
           the
           Statutes
           made
           by
           Queen
           Elizabeth
           ,
           do
           the
           executing
           of
           Priests
           and
           Jesuits
           as
           Traytors
           ,
           both
           uncharitable
           and
           ill-becoming
           a
           Christian-Magistrate
           )
           are
           now
           happily
           repeal'd
           and
           abolish'd
           .
           Why
           then
           shou'd
           people
           be
           bugbear'd
           out
           of
           their
           senses
           ,
           with
           imaginary
           fears
           of
           
           Smithfield-Faggots
           ;
           or
           think
           that
           the
           Duke
           ,
           who
           never
           advis'd
           his
           own
           Children
           to
           become
           Papists
           ,
           wou'd
           offer
           ,
           tho'
           able
           ,
           to
           compel
           any
           other
           to
           renounce
           his
           Religion
           ?
           If
           He
           has
           express'd
           some
           kindness
           for
           such
           
             Romanists
             ▪
          
           as
           had
           signaliz'd
           their
           Loyalty
           to
           His
           FATHER
           here
           ,
           or
           to
           His
           BROTHER
           
           Abroad
           ,
           when
           those
           that
           now
           call
           themselves
           true
           Protestants
           ,
           openly
           absur'd
           his
           Title
           ,
           't
           is
           an
           instance
           of
           his
           gratitude
           and
           good
           nature
           ,
           but
           no
           Argument
           of
           his
           approving
           the
           Opinions
           of
           that
           Party
           .
           And
           yet
           we
           have
           no
           better
           proof
           ,
           than
           such
           groundless
           whispers
           and
           surmises
           ,
           unless
           we
           believe
           the
           ridiculous
           Salamunca
           Doctor
           's
           peeping
           through
           the
           Key-hole
           ,
           of
           his
           being
           a
           Papist
           ,
           or
           any
           way
           inclin'd
           to
           the
           
             Popish
             Communion
          
           .
           How
           false
           then
           is
           the
           Preamble
           (
           and
           therefore
           justly
           rejected
           ,
           had
           there
           been
           no
           other
           reason
           ,
           by
           the
           House
           of
           Lords
           )
           of
           the
           intended
           Bill
           of
           
             Exclusion
             ,
             That
             the
             Duke
             of
          
           York
           
             is
             notoriously
             known
             to
             have
             been
             perverted
             from
             the
          
           Protestant
           
             to
             the
          
           Popish
           Religion
           ?
           Or
           the
           extravagant
           Vote
           ,
           whereon
           they
           grounded
           this
           Abortive
           Bill
           ?
        
         
           Resolved
           ,
           That
           the
           Duke
           of
           
           York's
           being
           a
           Papist
           ,
           and
           the
           hopes
           of
           his
           coming
           such
           to
           the
           Crown
           ,
           hath
           given
           the
           greatest
           countenance
           and
           encouragement
           to
           the
           present
           designs
           and
           conspiracies
           against
           the
           King
           and
           the
           Protestant
           Religion
           .
           —
           2
           
             Nov.
             1680.
             
             Whereas
             it
             might
             with
             greater
             Truth
             and
             Justice
             be
          
        
         
           Resolved
           ,
           That
           the
           late
           endeavours
           of
           some
           Leading
           men
           in
           the
           House
           of
           Commons
           in
           favour
           of
           the
           Fanaticks
           ,
           and
           their
           declaring
           ,
           
             That
             if
             His
             Majesty
             should
             come
             by
             any
             Violent
             Death
             ,
             they
             would
             revenge
             it
             to
             the
             utmost
             upon
             the
          
           Papists
           ;
           has
           given
           the
           greatest
           countenance
           and
           encouragement
           to
           Colledge
           and
           his
           Accomplices
           to
           conspire
           against
           the
           King
           and
           the
           Church
           ;
           and
           has
           openly
           expos'd
           His
           Majesties
           sacred
           Life
           to
           the
           blind
           zeal
           of
           the
           Faction
           ;
           to
           whom
           ,
           besides
           the
           prospect
           of
           destroying
           their
           enemies
           ,
           it
           was
           a
           great
           temptation
           to
           commit
           the
           villany
           ,
           that
           they
           cou'd
           safely
           leave
           it
           at
           anothers
           door
           .
        
         
           Thus
           ,
           Sir
           ,
           I
           have
           given
           you
           in
           short
           my
           Opinion
           on
           Mr.
           
             Hunts
             Defence
          
           of
           the
           Charter
           ;
           and
           for
           your
           further
           satisfaction
           have
           added
           some
           Remarks
           on
           the
           Proceedings
           of
           our
           worthy
           Patriots
           (
           so
           much
           commended
           by
           that
           Gentleman
           )
           in
           the
           last
           Parliament
           at
           Westminster
           .
           There
           remains
           a
           great
           deal
           more
           to
           be
           said
           as
           well
           of
           this
           ,
           as
           of
           the
           other
           that
           follow'd
           at
           Oxford
           ;
           but
           some
           earnest
           business
           requiring
           my
           attendance
           ,
           I
           will
           at
           present
           give
           you
           no
           further
           trouble
           ,
           only
           speak
           a
           word
           or
           two
           to
           the
           general
           Calumny
           cast
           by
           the
           Factions
           on
           all
           that
           dare
           oppose
           their
           Designs
           ,
           and
           which
           I
           cannot
           well
           expect
           to
           escape
           ,
           
             viz.
             That
             we
             are
             no
             Friends
             to
             Parliaments
             .
          
           But
           I
           appeal
           to
           any
           man
           of
           Sense
           ,
           whether
           I
           ,
           who
           wou'd
           have
           the
           Commons
           freely
           enjoy
           their
           Priviledges
           ,
           yet
           confin'd
           within
           their
           Ancient
           and
           Legal
           bounds
           ,
           or
           the
           Fanatick
           that
           labours
           to
           make
           their
           Power
           absolute
           and
           uncontroulable
           ,
           be
           a
           greater
           friend
           to
           that
           Honourable
           Assembly
           ?
           And
           whether
           they
           can
           possibly
           have
           more
           pernicious
           enemies
           ,
           than
           such
           as
           make
           them
           Controullers
           ,
           instead
           of
           Councellors
           ,
           to
           their
           Soveraign
           ,
           and
           Competitors
           with
           him
           in
           the
           Government
           ;
           when
           their
           Being
           wholly
           depends
           on
           his
           Will
           and
           Pleasure
           ,
           and
           can
           expect
           to
           fit
           no
           longer
           than
           during
           their
           good
           Behaviour
           ?
           How
           Fatal
           the
           Insolencies
           of
           the
           3d.
           Estate
           in
           
             France
             ,
             Anno
          
           1614.
           prov'd
           to
           that
           Nation
           in
           general
           ,
           who
           never
           since
           had
           the
           like
           Assembly
           ,
           is
           particularly
           observ'd
           by
           several
           Historians
           .
           'T
           is
           true
           ,
           we
           have
           no
           reason
           to
           mistrust
           any
           such
           thing
           ,
           having
           so
           good
           and
           so
           gracious
           a
           Prince
           ,
           as
           has
           solemnly
           engag'd
           His
           Royal
           word
           ,
           
             That
             no
             Irregularities
             in
             Parliament
             shall
             ever
             make
             Him
             out
             of
             Love
             with
             Parliaments
             ,
          
           Declar.
           p.
           9.
           
           Besides
           that
           our
           Constitution
           is
           such
           ,
           that
           we
           cannot
           reasonably
           fear
           it
           .
           Nevertheless
           ,
           Policy
           as
           well
           as
           Duty
           requires
           ,
           that
           the
           Commons
           give
           no
           such
           distast
           for
           the
           future
           ,
           as
           will
           justly
           occasion
           even
           any
           long
           intermission
           of
           their
           meeting
           ;
           since
           Parliaments
           ,
           provided
           they
           behave
           themselves
           with
           Prudence
           and
           Moderation
           ,
           
             Are
             the
             best
             method
          
           (
           as
           His
           Majesty
           says
           )
           
             for
             healing
             the
             Distempers
             of
             the
             Kingdom
             ,
             and
             the
             only
             means
             to
             preserve
             the
             Monarchy
             in
             that
             due
             credit
             and
             respect
             ,
             which
             it
             ought
             to
             have
             both
             at
             hom
             and
             abroad
             .
          
           Ibid.
           
        
         
           FINIS
           .
        
         
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A47876-e90
           
             *
             In
             making
             our
             ancient
             Laws
             ,
             
               (
               saith
               the
               great
               Antiquary
               Mr
            
             Selden
             )
             the
             Commons
             did
             petere
             ,
             the
             
               Lords
               assentire
            
             ,
             &
             the
             
               King
               concludere
            
             :
             in
             his
             
               Judicature
               in
               Parliament
            
             ,
             pag.
             132.
             
          
           
             pag.
             27.
             
          
           
             *
             4
             Ed.
             3.
             14.
             36
             
             Ed.
             3.
             10.
             
          
           
             *
             16
             ▪
             Car.
             2.
             1.
             
          
           
             *
             Ne
             frena
             animo
             permitte
             calenti
             ;
             da
             spacium
             .
             tenuemque
             moram
             ;
             male
             cuncta
             ministrat
             impetus
             .
          
           
             *
             You
             all
             know
             ,
             that
             
               Rex
               è
               Lex
               loquens
            
             ;
             and
             you
             often
             heard
             me
             say
             ,
             that
             the
             King's
             will
             and
             intention
             being
             the
             
               speaking
               Law
            
             ,
             ought
             to
             be
             
               Luce
               clarius
            
             .
             And
             again
             ;
             In
             any
             Case
             ,
             wherein
             no
             positive
             Law
             is
             resolute
             ,
             
               Rex
               e
               Judex
            
             ;
             for
             he
             is
             
               Lex
               loquens
            
             ,
             and
             is
             to
             supply
             the
             Law
             ▪
             where
             the
             Law
             wants
             .
          
           
             *
             
               Ib.
               f.
               60.
               
               Beechers
            
             Case
             .
             The
             like
             he
             hath
             
               fol.
               120.
            
             
             Bonham's
             Case
             ,
             and
             
               lib.
               11.
               f.
               43.
            
             
             Godfrey's
             Case
             ,
             and
             in
             several
             other
             places
             .
          
           
             *
             Dyer
             
               f.
               60.
               a.
               says
            
             ,
             the
             Parliament
             consists
             of
             three
             parts
             ,
             viz.
             the
             KING
             ,
             as
             
               chief
               Head
            
             ;
             the
             LORDS
             ,
             the
             
               chief
               and
               principal
               Members
               of
               the
               Body
            
             ;
             and
             the
             COMMONS
             ,
             the
             
               inferiour
               Members
            
             .
          
           
             *
             Coke
             4.
             
             Inst.
             p.
             25.
             
             &
             31
             H.
             6.
             n.
             26
             ,
             27.
             
          
           
             *
             Mich.
             12.
             
             Ed.
             4.
             
             Rot.
             20.
             
               in
               the
            
             Exchequer
             .
          
           
             *
             Hill.
             14
             E.
             4.
             
             Rot.
             7.
             
          
           
             *
             Dyer
             fol.
             59.
             
          
           
             *
             8
             H.
             6.
             
             Rot.
             Parl.
             n.
             57.
             
          
           
             *
             39
             H.
             6.
             n.
             9.
             
          
           
             *
             14
             Ed.
             4.
             n.
             55.
             
          
           
             *
             The
             Lords
             themselves
             cannot
             by
             Priviledge
             of
             Parliament
             set
             any
             at
             Liberty
             by
             their
             immediate
             Orders
             to
             the
             Gentleman
             vsher
             ,
             or
             Serjeant
             at
             Arms
             ,
             but
             only
             by
             a
             Writ
             of
             Priviledge
             from
             the
             Lord
             Keeper
             ;
             as
             appears
             43
             
               Elizab.
               D'ewes
            
             Journals
             ,
             p.
             608.
             
          
           
             *
             See
             Prynn's
             Remarks
             on
             
             Coke's
             4
             Inst.
             p.
             42.
             
          
           
             *
             None
             can
             be
             Judge
             and
             Party
             ,
             
             Coke's
             8
             Reports
             ,
             Dr.
             
             Bouham's
             Case
             .
             
               f.
               118.
               b.
            
             
          
           
             *
             The
             constant
             Custom
             of
             the
             Commons
             ,
             even
             to
             this
             day
             ,
             to
             stand
             bare
             with
             their
             Hats
             in
             their
             hands
             ,
             while
             the
             Lords
             sit
             cover'd
             ,
             at
             all
             Conferences
             and
             Tryals
             ,
             is
             a
             plain
             Argument
             they
             are
             not
             Fellows
             or
             Colleagues
             in
             Judgment
             .
          
           
             *
             10
             Jan.
             1681
             /
             80
             ;
             .
          
           
             *
             7
             Jan.
             1680.
             
          
           
             *
             2
             
               R.
               2.
               5.
               11
               
               R.
            
             2.
             11.
             
             &c.
             de
             Scandalis
             Magnatum
             .
          
           
             *
             
               25
               Ed.
            
             3.
             
             Statute
             of
             Provisors
             .
          
           
             *
             38
             Ed.
             3.
             
             Stat.
             2.
             c.
             1.
             2
             
             H.
             c.
             4.
             7.
             
             H.
             4.
             c.
             6.
             3
             
             H.
             5.
             c.
             4.
             
          
           
             *
             
               The
               same
               is
               resolved
            
             ,
             12
             H.
             4.
             f.
             16.
             14
             
             H.
             4.
             f.
             14.
             8
             
             H.
             6.
             f.
             3.
             20
             
             H.
             6.
             1.
             35
             
             H.
             6.
             42.
             7
             
             E.
             4.
             14.
             12
             
             E.
             4.
             16.
             
          
           
             *
             1
             &
             2
             Phil.
             &
             Mar.
             c.
             8.
             num
             .
             32.
             
          
           
             *
             Volentes
             ac
             decernentes
             ,
             quod
             dictorum
             bonorum
             Ecclesiasticorum
             ram
             mobilium
             quam
             immobilium
             possessores
             praefati
             non
             possiut
             in
             praesenti
             nec
             in
             posterum
             ,
             seu
             per
             Conciliorum
             Generalium
             vel
             Provincialium
             dispositiones
             ,
             seu
             Decretales
             Rom.
             Pontificum
             Epistolas
             ,
             seu
             aliam
             quamconque
             censuram
             .
             Ecclesiasticam
             in
             dictis
             bonis
             ,
             seu
             eorundem
             possessione
             molestari
             vel
             inquietari
             ,
             1
             &
             2
             Phil.
             &
             
               Mar.
               c.
            
             8.
             num
             .
             33.